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

New York State Management Program Proposed 309 Assessment and Strategies

Consistency Review

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


Consistency Appeal - General Dynamics, Electric Boat Corporation

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

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

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

The deadline for comments is March 25, 2020

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


Local Waterfront Revitalization Programs

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


Coastal Management Program Amendments or Routine Changes

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

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

Public Notice - Notice of Request to the Office of Coastal Management, Department of Commerce, to Incorporate the City of Buffalo Local Waterfront Revitalization Program (LWRP) into the New York State Coastal Management Program as a Program Change


Brownfield Opportunity Areas Program Conformance Review

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

  • There are no notices at this time

 


Consistency Review

 

New York State Department of State
Public Notice - F-2020-0638
Date of Issuance – September 02, 2020

The New York State Department of State (DOS) is required by Federal regulations to provide timely public notice for the activities described below, which are subject to the consistency provisions of the Federal Coastal Zone Management Act (CZMA) of 1972, as amended.
The applicant has certified that the proposed activities comply with and will be conducted in a manner consistent with the federally approved New York State Coastal Management Program (NYSCMP). The applicant's consistency certification and accompanying public information and data are available for inspection at the New York State Department of State offices located at One Commerce Plaza, 99 Washington Avenue, in Albany, New York.
In F-2020-0638, AMERCO Real Estate Company. is proposing to reconstruct 850 linear feet of deteriorated revetment; install a steel, pile-supported, T-shaped pier and associated mooring dolphins. The project is at 2159 Richmond Terrace, Staten Island, Richmond County, Kill Van Kull

The applicant’s consistency certification and supporting information are available for review at: https://www.dos.ny.gov/opd/programs/pdfs/Consistency/F-2020-0638_UHaul_App.pdf

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

Any interested parties and/or agencies desiring to express their views concerning any of the above proposed activities may do so by filing their comments, in writing, no later than 4:30 p.m., 30 days from the date of publication of this notice or October 2, 2020.
Comments should be addressed to the New York State Department of State, Office of Planning and Development and Community Infrastructure, ATTN: Consistency Review Unit, One Commerce Plaza, Suite 1010, 99 Washington Avenue, Albany, New York 12231. Telephone (518) 474-6000. Electronic submissions can be made by email at: CR@dos.ny.gov.

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

 

New York State Department of State
Public Notice - F-2020-0402
Date of Issuance – September 02, 2020

The New York State Department of State (DOS) is required by Federal regulations to provide timely public notice for the activities described below, which are subject to the consistency provisions of the Federal Coastal Zone Management Act (CZMA) of 1972, as amended.
The applicant has certified that the proposed activities comply with and will be conducted in a manner consistent with the federally approved New York State Coastal Management Program (NYSCMP). The applicant's consistency certification and accompanying public information and data are available for inspection at the New York State Department of State offices located at One Commerce Plaza, 99 Washington Avenue, in Albany, New York.
In F-2020-0402, Broadway Stages Ltd. is proposing to replace the existing timber cribbing shoreline with a new high-level wharf platform over riprap revetment with floating docks and gangway. A two-story high building is being constructed on the upland lot which will include supporting uses for the boat club. The project is at 51 Ash Street, Brooklyn, Queens County, Newtown Creek

The applicant’s consistency certification and supporting information are available for review at: https://www.dos.ny.gov/opd/programs/pdfs/Consistency/F-2020-0402_Broadway_Stages_App.pdf

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

Any interested parties and/or agencies desiring to express their views concerning any of the above proposed activities may do so by filing their comments, in writing, no later than 4:30 p.m., 30 days from the date of publication of this notice or October 2, 2020.
Comments should be addressed to the New York State Department of State, Office of Planning and Development and Community Infrastructure, ATTN: Consistency Review Unit, One Commerce Plaza, Suite 1010, 99 Washington Avenue, Albany, New York 12231. Telephone (518) 474-6000. Electronic submissions can be made by email at: CR@dos.ny.gov.

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

 

New York State Department of State
Public Notice - F-2020-0652
Date of Issuance – September 02, 2020

The New York State Department of State (DOS) is required by Federal regulations to provide timely public notice for the activities described below, which are subject to the consistency provisions of the Federal Coastal Zone Management Act (CZMA) of 1972, as amended.
The applicant has certified that the proposed activities comply with and will be conducted in a manner consistent with the federally approved New York State Coastal Management Program (NYSCMP). The applicant's consistency certification and accompanying public information and data are available for inspection at the New York State Department of State offices located at One Commerce Plaza, 99 Washington Avenue, in Albany, New York.

In F-2020-0652, Patricia Blake is proposing to construct a new fixed dock, consisting of a 4’x115’ fixed dock, 3’x12’ aluminum ramp and a 6’x20’ floating dock. The fixed dock will be constructed with open grate decking and placed a minimum of 48” above grade. The site is located at 37 Tuthill Point Road, East Moriches, NY 11940 on Tuthill Cove.

The applicant’s consistency certification and supporting information are available for review at:
https://www.dos.ny.gov/opd/programs/pdfs/Consistency/F-2020-0652Blake.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 October 2, 2020.

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

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

 

New York State Department of State
Public Notice - F-2020-0545
Date of Issuance – September 02, 2020

The New York State Department of State (DOS) is required by Federal regulations to provide timely public notice for the activities described below, which are subject to the consistency provisions of the Federal Coastal Zone Management Act (CZMA) of 1972, as amended.
The applicant has certified that the proposed activities comply with and will be conducted in a manner consistent with the federally approved New York State Coastal Management Program (NYSCMP). The applicant's consistency certification and accompanying public information and data are available for inspection at the New York State Department of State offices located at One Commerce Plaza, 99 Washington Avenue, in Albany, New York.

In F-2020-0545, Gary Kurdt is proposing to construct a new seasonal 4’x24’ gangway leading to a 8’x16’ floating dock. The project is located at 1786 River Road, West Coxsakie, NY 12192 on the Hudson River.

The applicant’s consistency certification and supporting information are available for review at:
https://www.dos.ny.gov/opd/programs/pdfs/Consistency/F-2020-0545Kurdt.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 October 2, 2020.

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

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

 

New York State Department of State
Public Notice - F-2020-0355
Date of Issuance – September 02, 2020

The New York State Department of State (DOS) is required by Federal regulations to provide timely public notice for the activities described below, which are subject to the consistency provisions of the Federal Coastal Zone Management Act (CZMA) of 1972, as amended.
The applicant has certified that the proposed activities comply with and will be conducted in a manner consistent with the federally approved New York State Coastal Management Program (NYSCMP). The applicant's consistency certification and accompanying public information and data are available for inspection at the New York State Department of State offices located at One Commerce Plaza, 99 Washington Avenue, in Albany, New York.

In F-2020-0355, William Heitzenrater—is seeking After-The-Fact authorization for the replacement of three open-pile finger docks at 7813-7815 Buffalo Ave. The docks installed are three feet wide by 32 feet in length. The previous docks were approx. 27 feet in length. In addition, the applicant is seeking After-The-Fact authorization for 16-foot wide by 40-foot long deck installed along the shoreline at 7823 Buffalo Ave. New pilings were installed to support all structures 7815/7823 Buffalo Avenue, Niagara Falls, NY,14304 in Niagara County on the Niagara River.

The applicant’s consistency certification and supporting information are available for review at: https://www.dos.ny.gov/opd/programs/pdfs/Consistency/F-2020-0355ConsCertApplication.pdf

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

Any interested parties and/or agencies desiring to express their views concerning any of the above proposed activities may do so by filing their comments, in writing, no later than 4:30 p.m., 30 days from the date of publication of this notice or October 2, 2020.

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

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

 

New York State Department of State
Public Notice - F-2020-0460
Date of Issuance – September 09, 2020

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

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

In F-2020-0460 or the “Bulkhead Replacement at 3594 Bertha Drive”, the applicant Randall Thomas proposes removal and in-place reconstruction of approximately 93 linear feet of Navy Style bulkhead and two 8' returns. Raise bulkhead 18". Remove existing boardwalk and retaining walls. Install 5' wide wood boardwalk on new bulkhead. Install 3' x 18' aluminum ramp and 8' x 20' wood floating dock with four new timber float piles.
The authorized work is located at 3594 Bertha Drive, Village of Baldwin, Nassau County, Middle Bay

The applicant’s consistency certification and supporting information are available for review at:
https://www.dos.ny.gov/opd/programs/pdfs/Consistency/F-2020-0460_3594 Bertha_Dr_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, October 9, 2020.

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

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

 

New York State Department of State
Public Notice - F-2020-0668
Date of Issuance – September 09, 2020

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

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

In F-2020-0668, The Town of Sterling is proposing the installation of closed drainage retrofits in combination with bioretention and grass-lined dry swales to replace the existing drainage system along West Bay Road. Stormwater will outlet primarily to Little Sodus Bay via two constructed outfalls, as well as to an area outfitted with light stone protection on the west side of West Bay Rd, toward the southern extent of the project area. the purpose of the proposal is to improve conveyance of stormwater along West Bay Road. The project will improve the conveyance of surface drainage, reduce localized flooding potential, and preserve the roadway's structural integrity. The project will also reduce localized flooding along West Bay Road. The proposal is located along West Bay Road between Lake Ontario and Shaffer Road in the Town of Sterling, Cayuga County.

This proposal is part of the New York State Lake Ontario Resiliency & Economic Development Initiative (REDI). REDI is a program created to increase the resilience of shoreline communities and bolster economic development throughout the Lake Ontario and St. Lawrence River regions of New York State. Additional information about the REDI program including project profiles can be found at:
https://www.governor.ny.gov/programs/lake-ontario-resiliency-and-economic-development-initiative-redi

The applicant’s consistency certification and supporting information are available for review at:
https://www.dos.ny.gov/opd/programs/pdfs/Consistency/F-2020-0668ForPN.pdf

Original copies of public information and data submitted by the applicant are available for inspection at the New York State Department of State offices located at One Commerce Plaza, 99 Washington Avenue, in Albany, New York.

Any interested parties and/or agencies desiring to express their views concerning any of the above proposed activities may do so by filing their comments, in writing, no later than 4:30 p.m., 15 days from the date of publication of this notice, or, September 24, 2020.

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

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

 

New York State Department of State
Public Notice - F-2020-0530
Date of Issuance – September 09, 2020

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

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

In F-2020-0530, The Suffolk County Department of Public Works is proposing to construct an Advanced Waste Water Treatment Facility and provide new connections to 2,447 parcels and remove failing on-lot septic systems. Installation of grinder pumps will take place prior to connection of the system to the residences. The centralized treatment facility will be located on Montauk Highway/Mastic Road, Town of Brookhaven, Suffolk County, Forge River.

The applicant’s consistency certification and supporting information are available for review at: https://www.dos.ny.gov/opd/programs/pdfs/Consistency/Forge RiverAWWT-ConsistencyCert.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, October 9, 2020

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

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

 

New York State Department of State
Public Notice - F-2020-0666(DA)
Date of Issuance – September 16, 2020

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

A federal agency has determined that the proposed activity complies with and will be conducted in a manner consistent to the maximum extent practicable with the approved New York State Coastal Management Program. The agency's consistency determination and accompanying public information and data are available for inspection at the New York State Department of State offices located at One Commerce Plaza, 99 Washington Avenue, in Albany, New York.

In F-2020-0666, the applicant, the U.S. Army Corps of Engineers New York District, is proposing to deepen the existing 12’ deep and 150’ wide channel to -17’ MLLW and increase the deposition basin width from 50’ to 100’ wide and deepening it to -17’ MLLW. All dredged material would then be place west of the inlet on the downdrift beach, as has been done in the past. The stated purpose of the project is to deepen and widen an existing Federal channel and identify a dredged material replacement site.

The applicant’s consistency determination and supporting information are available for review at: https://www.dos.ny.gov/opd/programs/pdfs/Consistency/F-2020-0666(DA).pdf

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

Additional public information and data submitted by the applicant are available for inspection at the New York State Department of State offices located at One Commerce Plaza, 99 Washington Avenue, in Albany, New York

Any interested parties and/or agencies desiring to express their views concerning any of the above proposed activities may do so by filing their comments, in writing, no later than 4:30 p.m., 15 days from the date of publication of this notice, or October 1, 2020.

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

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

 

New York State Department of State
Public Notice - F-2020-0408
Date of Issuance – September 16, 2020

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

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

In F-2020-0408, The City of Kingston is proposing the Brickyard Trail, a 1.3-mile shared use path for recreation and transportation. The shared use path will be a segment of the Empire State Trail. Approximately 2,480 linear feet built on existing asphalt surfaces, 3,065 linear feet constructed on existing cleared dirt and gravel drives, and 1,157 linear feet built on new trail corridors, between North and John Streets, City of Kingston, Ulster County, Hudson River.

The applicant’s consistency certification and supporting information are available for review at: https://www.dos.ny.gov/opd/programs/pdfs/Consistency/F-2020-0408BrickyardConsistencyCert.pdf

Original copies of public information and data submitted by the applicant are available for inspection at the New York State Department of State offices located at One Commerce Plaza, 99 Washington Avenue, in Albany, New York.

Any interested parties and/or agencies desiring to express their views concerning any of the above proposed activities may do so by filing their comments, in writing, no later than 4:30 p.m., 15 days from the date of publication of this notice, or, October 1, 2020.

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

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

 

New York State Department of State
Public Notice - F-2020-0392
Date of Issuance – September 16, 2020

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

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

In F-2020-0392-Robert Crowe and Erica Attonito are proposing to construct a consisting of 4' x 5' stairs up to a 4' x 35' catwalk; 3' x 12' ramp and 6' x 20' float supported by four 8" diameter piles; catwalk to be supported by 6" piles and to be constructed of non-treated wood using 60% open-grate decking; remove remains of wood bulkhead at 18 Pleasant Avenue, Town of -Southampton, Suffolk County, Beaver Dam Creek

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

Original copies of public information and data submitted by the applicant are available for inspection at the New York State Department of State offices located at One Commerce Plaza, 99 Washington Avenue, in Albany, New York.

Any interested parties and/or agencies desiring to express their views concerning any of the above proposed activities may do so by filing their comments, in writing, no later than 4:30 p.m., 15 days from the date of publication of this notice, or, October 1, 2020.

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

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

 

New York State Department of State
Public Notice - F-2020-0672
Date of Issuance – September 16, 2020

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

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

In F-2020-0672, Umberto Arpaia is proposing to construct a 6’x 4’ knee dock, 3’x15’ gangway attached to a 8’x 20’ floating dock. Also, proposed is a 8’x18’ 2-pile boat life and a 12.5’x 12’ 2-pile personal watercraft lift. The project is located on Bellmore Creek at 3063 Judith Drive, Bellmore, NY 11710, Nassau County.

The applicant’s consistency certification and supporting information are available for review at:
https://www.dos.ny.gov/opd/programs/pdfs/Consistency/F-2020-0672Arpaia.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 October 16, 2020.

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

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

 

New York State Department of State
Public Notice - F-2020-0531
Date of Issuance – September 23, 2020

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

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

In F-2020-0531, Ducks Unlimited/Atlantic Region is proposing to undertake a wetland restoration project in Blind Bay, involving the excavation of a series of shallow channels and potholes through the dense cattail mat to restore marsh connectivity and improve habitat conditions. We are also proposing to replace three undersized culverts on Chippewa Point Rd to enhance hydrological flow and reduce flooding of the road in the Town of Hammond, St. Lawrence County, 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/BlindBayConistencyCert.pdf

Original copies of public information and data submitted by the applicant are available for inspection at the New York State Department of State offices located at One Commerce Plaza, 99 Washington Avenue, in Albany, New York.

Any interested parties and/or agencies desiring to express their views concerning any of the above proposed activities may do so by filing their comments, in writing, no later than 4:30 p.m., 15 days from the date of publication of this notice, or, October 8, 2020.

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

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


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

 

 


Brownfield Opportunity Areas Program Conformance Review