Overview

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 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

Consistency Review

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


 

New York State Department of State

Public Notice - F-2022-0693

Date of Issuance – November 2, 2022

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-2022-0693, the applicant, Pultneyville Yacht Club, is proposing 10-year maintenance dredging of the harbor channels and main channel to a depth of 237.0’, removing approx. 3,900 cubic yards of spoils to be placed within spoils management site upland. This project is located at 7852 Hamilton Street Ext, Town of Williamson, Wayne County, Mouth of Salmon Creek.

The applicant’s consistency certification and supporting information are available for review at: https://dos.ny.gov/system/files/documents/2022/11/f-2022-0693app.pdf or at https://dos.ny.gov/public-notices.

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 December 2, 2022.           

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: [email protected].

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


New York State Department of State

Public Notice - F-2022-0767 (DA)

Date of Issuance – November 2, 2022    

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 National Oceanic and Atmospheric Administration (NOAA) has determined that the proposed activity will be undertaken in a manner consistent to the maximum extent practicable with the enforceable policies of the New York State Coastal Management Program. The applicant's consistency determination and accompanying supporting 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.

NOAA’s Mid-Atlantic Fishery Management Council (Council) adopted Amendment 23 to the Mackerel, Squid, and Butterfish Fishery Management Plan (FMP) at its June 2022 meeting, and the Council submitted Amendment 23 to us on August 19, 2022, for review and approval. If approved, Amendment 23 would revise the Atlantic mackerel rebuilding plan and set the 2023 Atlantic mackerel specifications including a commercial quota, recreational possession limit, modified closure approach, and a river herring and shad catch cap.

The applicant’s consistency certification and supporting information are available for review at:

https://dos.ny.gov/system/files/documents/2022/11/f-2022-0767daamendment23.pdf

Any interested parties and/or agencies desiring to express their views concerning the above proposed activities may do so by filing their comments, in writing, no later than 4:30 p.m., 15 days from the date of publication of this notice, or November 17, 2022.

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, Suite, 1010, Albany, New York 12231. Telephone (518) 474-6000; Fax (518) 474-6572.


New York State Department of State

Public Notice - F-2022-0769 (DA)

Date of Issuance – November 2, 2022

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 United States Army Corps of Engineers has determined that the proposed activity will be undertaken in a manner consistent to the maximum extent practicable with the enforceable policies of the New York State Coastal Management Program. The applicant's consistency determination and accompanying supporting information and data are available for inspection at the New York State Department of State offices located at One Commerce Plaza, 99 Washington Avenue in Albany, New York.

The USACE proposes to implement a hydrilla control cost share program to aid the New York State Department of Environmental Conservation (NYSDEC) in the control and treatment of an invasive aquatic plant called hydrilla. The locations of the proposed control actions would occur within affected waterways of New York State.

The applicant’s consistency certification and supporting information are available for review at:

https://dos.ny.gov/system/files/documents/2022/11/f-2022-0769acoe.pdf

Any interested parties and/or agencies desiring to express their views concerning the above proposed activities may do so by filing their comments, in writing, no later than 4:30 p.m., 15 days from the date of publication of this notice, or November 17, 2022.

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, Suite, 1010, Albany, New York 12231. Telephone (518) 474-6000; Fax (518) 474-6572.

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

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

 

New York State Department of State

Public Notice - F-2022-0510

Date of Issuance – November 9, 2022

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-2022-0510, John Benson, is proposing construct a 2,780sf boathouse. The boathouse is proposed to be 54’-6” long and 51’ wide with a single 40’ long by 18’ wide boat slip. The enclosed portion of the boathouse would be 46’ long by 26’ wide. On the exterior of the boathouse would be an 8’ wide dock on the eastern side, a 16’ wide deck on the western side, and an 8’ wide dock on the southern side. The boathouse would include 36” wide steps on the eastern side leading to a 58’-6” by 31’ observation deck. The observation deck would have 42” high railings. The height of the boathouse as measured from the Ordinary High Water Level to the top of the observation deck railing would be 27’-10”. The boathouse would be supported by 48 6” open steel piles. There would also be an 8’ wide walkway along the shoreline landward of the Ordinary High Water mark.

In addition, the proposal includes a 30’ long by 6’ wide floating dock located ~120’ west of the proposed boathouse. The floating dock would be accessed by a 4’ wide hinged ramp that would be connected to boulders on the shoreline landward of the Ordinary High Water line.

The proposal is associated with a proposed 4,868 square foot three-story house and associated proposed upland residential development including 1,200 gallon septic tank, 767 square foot drain field, 1,000 gal propane tank, well, retaining wall, gravel driveway, crushed stone pathway, shed and a future 3’600sf building. The three-story house would be supported by 12”x12” columns and partially overhang the rock bluff located along the river. The first floor would be located at elevation 267’ or ~20’ above the Ordinary High Water level of the river and the top of the roof would located at elevation ~315 or 67’ above the Ordinary High Water level of the river.

The proposal is for an ~1.5acre property located on the St. Lawrence River at 35D Riverledge Road in the Town of Hammond, St. Lawrence County.

The stated purpose of the proposed action is “Boat dockage and storage”

The applicant’s consistency certification and supporting information are available for review at: https://dos.ny.gov/system/files/documents/2022/11/f-2022-0510publicnotice.pdf or at https://dos.ny.gov/public-notices.

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 December 9, 2022.                      

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: [email protected].

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

 

New York State Department of State

Public Notice - F-2022-0725

Date of Issuance – November 9, 2022

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-2022-0725, Fort la Presentation Association, is proposing to stabilize 175 linear feet of the St. Lawrence River shoreline using riprap with live shrub cuttings resulting in 97cy of fill placed below the plane or Ordinary High Water. This work would be conducted within the confines of a turbidity curtain during low water conditions.

Additionally, the proposed activity includes 256 linear feet of bank stabilization along the Oswegatchie River shoreline. This work would also include the placement of riprap and live shrub cuttings and toewood and result in 65cy of fill placed below the plane of Ordinary High Water. This work would also be conducted within the confines of turbidity curtain.

In addition, the proposal includes dredging along 600 linear feet of shoreline to a distance of ~15 feet out from the Ordinary High Water line. The area to be dredge is ~9,000sf with dredging down to an elevation of 244’ IGLD 85 resulting in 405cy of dredged material. Dredged material would be placed at an upland approved landfill. A 4” layer of sand would be placed over the dredged area (83cy). This work would be conducted within the confines of a temporary cofferdam and/or turbidity curtain. Temporary dewatering of the area to be dredged may be necessary based on water levels at the time of construction.

Finally, the proposal includes the placement of a pedestrian bridge to span a narrow shallow channel that connects the St. Lawrence and Oswegatchie Rivers. The bridge deck would be 40’ long and 8’ wide with ~23 feet of the bridge being located over the water at Ordinary High Water. The bridge would include railings on both sides of the bridge.

The proposal activities would be located at the Fort de la Présentation historic site at the confluence of the Oswegatchie and St. Lawrence Rivers in the City of Ogdensburg, St. Lawrence County. 

The stated purpose of the proposed action is to “stabilize eroding shorelines on the northeast and northwest edges of the Project Site and to protect paved roadways and walking trails on the site from flood damage. In addition, a new pedestrian trail with a bridge is proposed in the northwestern-most portion of the Project Site. This is in support of the goal of the Fort La Presentation Association to enhance the site as an educational and scenic attraction on the St. Lawrence River.”

The proposed work is being funded through 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://dos.ny.gov/system/files/documents/2022/11/f-2022-0725publicnotice.pdf or at https://dos.ny.gov/public-notices.

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 November 24, 2022.                   

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: [email protected].

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


New York State Department of State

Public Notice - F-2022-0784

Date of Issuance – November 9, 2022

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-2022-0784, The Town of Clayton proposes to construct a continuous sheet pile wall along 500 linear feet of St. Lawrence River shoreline between the existing Village of Clayton docks and the existing Town of Clayton wave attenuator. The sheet pile will be installed 2' waterward of the existing cribs and will be supported by deadman tiebacks spaced 12' on center.

Approximately 2,300 cubic yards of granular fill will be placed between the proposed sheet pile and the existing cribs and from the top of the existing cribs to the proposed grade of 253.5', Additionally, approximately 2,400 cy of rip rap will be placed between the top of the proposed sheet pile and the top of the bank. The rip rap will be approximately 3.5' wide and 1.5' high.

The proposal is located along the town owned St. Lawrence River shoreline between Webb Street and Jane Street in the Village of Clayton.

The stated purpose of the proposed action is to stabilize the current shoreline from erosion and high water levels from previous years and provide a safe scenic waterfront area.

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://dos.ny.gov/system/files/documents/2022/11/f-2022-0784publicnotice.pdf or at https://dos.ny.gov/public-notices.

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 November 24, 2022.                   

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: [email protected].

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

New York State Department of State

Public Notice - F-2022-0522

Date of Issuance – November 9, 2022

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-2022-0522, the City of Kingston is proposing the replacement of a utility line over the north jetty of Rondout Harbor to the Kingston Roundout Lighthouse. The proposed installation of a new underground electrical conduit and cable, approximately 600 feet, extending from the northwest corner of the parcel to the landward end of the stony jetty. The conduit will transition above grade and be anchored to the top of the northern line of wood piles, approximately 2,300 feet, before entering the lighthouse. A platform with a waterproof disconnection point above base flood elevation on the mainland and a disconnection point at the lighthouse will be constructed to allow the conduit to be removed if required to allow for maintenance of the jetty.  The site is located on 4 and 6 North Street in the city of Kingston, Ulster County along Roundout Creek and the Hudson River.

The applicant’s consistency certification and supporting information are available for review at:

https://dos.ny.gov/system/files/documents/2022/11/f-2022-0522.pdf or at https://dos.ny.gov/public-notices.

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 December 9, 2022.

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: [email protected].

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


New York State Department of State

Public Notice - F-2022-0714

Date of Issuance – November 9, 2022

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-2022-0714, Barlovento, LLC is proposing to construct a new elevated dock consisting of a 4' x 288' elevated walkway, 4' x 34' dock with 3' x 12' ramp, 6' x 20' float, 8" float securing piles (2), and 8" mooring piles (2). The site is located on Mecox Bay at 23 Wheaton Way, Water Mill, NY, 11976.

The applicant’s consistency certification and supporting information are available for review at:

https://dos.ny.gov/system/files/documents/2022/11/f-2022-0714barloventollc.pdf or at https://dos.ny.gov/public-notices.

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 December 9, 2022.

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: [email protected].

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

 

New York State Department of State

Public Notice - F-2022-0792

Date of Issuance – November 9, 2022

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-2022-792, Christopher and Susan Wolters are proposing to construct a new 4'x 85' open grate catwalk leading to a 3'x 15' ramp and a 6'x 20' float. The catwalk is proposed to be elevated 4' above the tidal wetland’s vegetation. The float is proposed to be supported by (4) 8" dia. piles and chocked at 24" off the bottom. All structural materials shall be non-treated lumber.

The applicant’s consistency certification and supporting information are available for review at:

https://dos.ny.gov/system/files/documents/2022/11/f-2022-0792wolters.pdf or at https://dos.ny.gov/public-notices.

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 December 9, 2022.

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: [email protected].

 

New York State Department of State

Public Notice - F-2022-0522

Date of Issuance – November 9, 2022

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-2022-0522, the City of Kingston is proposing the replacement of a utility line over the north jetty of Rondout Harbor to the Kingston Roundout Lighthouse. The proposed installation of a new underground electrical conduit and cable, approximately 600 feet, extending from the northwest corner of the parcel to the landward end of the stony jetty. The conduit will transition above grade and be anchored to the top of the northern line of wood piles, approximately 2,300 feet, before entering the lighthouse. A platform with a waterproof disconnection point above base flood elevation on the mainland and a disconnection point at the lighthouse will be constructed to allow the conduit to be removed if required to allow for maintenance of the jetty.  The site is located on 4 and 6 North Street in the city of Kingston, Ulster County along Roundout Creek and the Hudson River.

The applicant’s consistency certification and supporting information are available for review at:

https://dos.ny.gov/system/files/documents/2022/11/f-2022-0522.pdf or at https://dos.ny.gov/public-notices.

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 December 9, 2022.

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: [email protected].

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

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


New York State Department of State

Public Notice - F-2022-0610

Date of Issuance – November 16, 2022

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-2022-0610, James Groff, is proposing to replace a dilapidated bulkhead and construct a 4’ x 135’ new dock, 9 Shawnee Street, Southampton, Suffolk County, Shinnecock Bay.

The stated purpose of the proposed action is to “replace dilapidated bulkhead and install pier for access to the waters.”.                                                                   

The applicant’s consistency certification and supporting information are available for review at:

https://dos.ny.gov/system/files/documents/2022/11/f-2022-0610groff.pdf or at https://dos.ny.gov/public-notices.

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 November 25, 2022.                   

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: [email protected].

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


New York State Department of State

Public Notice - F-2022-0615

Date of Issuance – November 16, 2022

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-2022-0615, Leonard Bley, is proposing construction of a new 194' x 4' catwalk with 3' x 12', 6' x 20' float, and two (2) 8" diameter float-supporting piles, Southampton, Moriches Bay.

The stated purpose of the proposed action is to “construct new dock for water acess” 

The applicant’s consistency certification and supporting information are available for review at:

https://dos.ny.gov/system/files/documents/2022/11/f-2022-0615bley.pdf or at https://dos.ny.gov/public-notices.

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 December 16, 2022.                    

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: [email protected].

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


New York State Department of State

Public Notice - F-2022-0660

Date of Issuance – November 23, 2022

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-2022-0660, the applicant, Paul Rulison, is proposing to install steel piling supported docks, with the layout to consist of an 8’x24’ deck along shoreline and a 6’x48’ dock with an 8’x14’ finger at the end, a 6’x24’ finger in the center, and jet ski floats. This project is located at the end of Headland Ave, Village of Thousand Island Park, Jefferson County, St. Lawrence River.

The applicant’s consistency certification and supporting information are available for review at: https://dos.ny.gov/system/files/documents/2022/11/f-2022-0660app.pdf or at https://dos.ny.gov/public-notices.

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 December 23, 2022.         

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: [email protected].

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

 

New York State Department of State

Public Notice - F-2022-0780

Date of Issuance – November 23, 2022

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-2022-0780, the applicant, Jeffrey Greene, is proposing 10-year maintenance dredging to -5.5’ below MLW, removing approx. 1867 cubic yards total of spoils in the following areas: +/-92’x85’ deposition basin, +/-193’x27’ inlet, +/-212’x24’ channel, and        +/-78’x53’ lagoon. Spoils will be placed as beach nourishment on both north and south side of inlet, landward of spring high water. Future dredge events will remove approx. 900 cubic yards with 6 dredge events to occur within a 10-year period. Additionally, a 40’ bulkhead return will be constructed on south side of inlet in-line with existing 24’ return. This project is located at 370 South Ferry Road, Village of North Haven, Suffolk County, Shelter Island Sound.

The applicant’s consistency certification and supporting information are available for review at: https://dos.ny.gov/system/files/documents/2022/11/f-2022-0780app.pdf or at https://dos.ny.gov/public-notices.

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 December 23, 2022.         

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: [email protected].

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

 

New York State Department of State

Public Notice - F-2022-0834 (DA)

Date of Issuance – November 23, 2022

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 National Oceanic and Atmospheric Administration (NOAA) has determined that the proposed activity will be undertaken in a manner consistent to the maximum extent practicable with the enforceable policies of the New York State Coastal Management Program. The applicant's consistency determination and accompanying supporting 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.

National Oceanic and Atmospheric Administration proposed Amendment 23 to the Summer Flounder, Scup, and Black Sea Bass Fishery Management Plan (FMP). This action would add the commercial black sea bass state allocations to the Mid-Atlantic Council’s FMP, and modify the trigger for Federal in-season closures.

The applicant’s consistency certification and supporting information are available for review at:

https://dos.ny.gov/system/files/documents/2022/11/f-2022-0834danoaa.pdf or at https://dos.ny.gov/public-notices.

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 from the date of publication of this notice, or December 23, 2022.

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, Suite, 1010, Albany, New York 12231. Telephone (518) 474-6000; Fax (518) 474-6572.

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


New York State Department of State

Public Notice - F-2022-0519

Date of Issuance – November 23, 2022

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-2022-0519, Julius Trnovec, is proposing construct new a 3 'x 20' aluminum ramp & 8' x 20' wood floating dock and install (1) new 4-pile boat lift, 3552 Bertha Drive, Baldwin, Middle Bay.

The stated purpose of the proposed action is to “stabilize the shoreline and to allow for safe storage and boarding of one recreational fishing craft and one transient vessel or other small craft.” 

The applicant’s consistency certification and supporting information are available for review at:

https://dos.ny.gov/system/files/documents/2022/11/f-2022-0519.pdf or at https://dos.ny.gov/public-notices.

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 December 23, 2022.                    

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: [email protected].

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

 

New York State Department of State

Public Notice - F-2022-0789 (DA)

Date of Issuance – November 23, 2022

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 United States Army Corps of Engineers has determined that the proposed activity will be undertaken in a manner consistent to the maximum extent practicable with the enforceable policies of the New York State Coastal Management Program. The applicant's consistency determination and accompanying supporting information and data are available for inspection at the New York State Department of State offices located at One Commerce Plaza, 99 Washington Avenue in Albany, New York.

The USACE Buffalo District plans to construct a beneficial use of dredged material for ecosystem restoration project within Slip 3 located in the Buffalo Outer Harbor, Erie County, New York (Figure 1).  The project would create approximately 6.7 acres of emergent and submerged coastal wetland habitat within a 7.5-acre former commercial shipping slip. The goal of this project is to create aquatic habitat at a site within the Buffalo Outer Harbor utilizing dredged sediment.  The completion of this project is anticipated to provide additional spawning and nursery habitat for aquatic species, as well as a more productive aquatic community for water-dependent wildlife. It is estimated that sediment placement from three cycles of Buffalo Harbor federal navigation channel maintenance dredging would be required to bring surface elevations within Slip 3 to those suitable to support native submerged and emergent vegetation.  Project construction would involve the use of approximately 285,000 cubic yards of dredged sediment placed within Slip 3, 36,000 cubic yards of stone of various sizes for the breakwater construction, and potentially 5,400 cubic yards of sand to stabilize plantings.  Additional habitat features within Slip 3 would include gravel beds, logs, root wads, and rock piles.

The applicant’s consistency certification and supporting information are available for review at:

https://dos.ny.gov/system/files/documents/2022/11/f-2022-0789.pdf

Any interested parties and/or agencies desiring to express their views concerning the above proposed activities may do so by filing their comments, in writing, no later than 4:30 p.m., 15 days from the date of publication of this notice, or December 8, 2022.

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, Suite, 1010, Albany, New York 12231. Telephone (518) 474-6000; Fax (518) 474-6572.

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


New York State Department of State

Public Notice - F-2022-0820

Date of Issuance – November 30, 2022

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-2022-0820, the applicant, the Village of Mamaroneck, is proposing 10-year maintenance dredging within a 431,822 square foot area to remove approx. 63,984 cubic yards of material. Surplus dredge material to be placed in temporary stockpile locations in the upland areas adjacent to the dredge location, then will be transferred by truck to an approved upland facility. This project is located at Mamaroneck River, Sheldrake River, and Beaver Swamp Brook, Village of Mamaroneck, Westchester County.

The applicant’s consistency certification and supporting information are available for review at: https://dos.ny.gov/system/files/documents/2022/11/f-2022-0820app.pdf or at https://dos.ny.gov/public-notices.

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 December 30, 2022.         

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: [email protected].

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

New York State Department of State

Public Notice - F-2022-0829

Date of Issuance – November 30, 2022

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-2022-0829, the applicant, National Golf Links of America, is proposing to construct a 4'x6' ramp leading to a 4'x65' fixed dock utilizing "thru-flow" decking elevated 4' above the grade of marsh, a 3'x12' ramp, and a 6'x40' float. This project is located at 149 Sebonac Inlet Road, Town of Southampton, Suffolk County, Sebonac Creek. 

The applicant’s consistency certification and supporting information are available for review at: https://dos.ny.gov/system/files/documents/2022/11/f-2022-0829app.pdf or at https://dos.ny.gov/public-notices.

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 December 30, 2022.         

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: [email protected].

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


New York State Department of State

Public Notice - F-2022-0871

Date of Issuance – November 30, 2022

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-2022-0871, the applicant, Steve Schaal, is proposing to construct a 34’x32’ covered boat port on a 5’x75’ dock with an approx. 10’x34’ waterward deck with storage, a sink/foldable counter, one electric boat lift, two jet ski lifts, and a diving board. This project is located at 17930 Waters Edge Lane, Town of Clayton, Jefferson County, St. Lawrence River.

The applicant’s consistency certification and supporting information are available for review at: https://dos.ny.gov/system/files/documents/2022/11/f-2022-0871app.pdf or at https://dos.ny.gov/public-notices.

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 December 30, 2022.         

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: [email protected].

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

Draft LWRPs

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.

After a Draft LWRP has been accepted by the municipality and the Department of State as complete, a formal public review of the document is initiated by DOS to potentially affected State, federal, and local agencies in accordance with applicable laws and regulations (Article 42 of the Executive Law and 19 NYCRR Part 600-603; State Environmental Quality Review Act and 6 NYCRR Part 617; and Coastal Zone Management Act of 1972 and 15 CFR Part 923).

All Draft LWRPs that are ready for review are posted. After the review process is completed, necessary revisions to the LWRP are made.

 

Draft Local Waterfront Revitalization Programs Under Review
REDC Municipality (s) Review Period
North Country

Starting Date:
12/7/22

 

Closing Date:
2/7/23

 

 

Coastal Management Program Amendments

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.

BOA 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

Department of State

Notice of Review of Request for

Brownfield Opportunity Area

Conformance Determination

Project:  1360 Niagara Street
Location:  Tonawanda Street Corridor Brownfield Opportunity Area in City of Buffalo

 

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 July 20, 2022,  Ciminelli Real Estate Corporation submitted a request for the Secretary of State to determine whether the 1360 Niagara Street project, 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://dos.ny.gov/mentholatum-boa-conformance-application.

Comments must be submitted no later than November 4, 2022, either by mail to: Benjamin Bidell, New York State Department of State, Office of Planning and Development, 295 Main Street, Suite 821, Buffalo, New York 14203, or by email to: [email protected]

 

PUBLIC NOTICE

Department of State

Notice of Review of Request for

Brownfield Opportunity Area

Conformance Determination

Project: 31 Tonawanda Street LLC
Location:  Tonawanda Street Corridor Brownfield Opportunity Area in City of Buffalo

 

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 August 22, 2022, 31 Tonawanda Street LLC submitted a request for the Secretary of State to determine whether the 31 Tonawanda Street LLC project, 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://dos.ny.gov/2202-31-tonawanda-street-boa-conformance.

Comments must be submitted no later than November 4, 2022, either by mail to: Benjamin Bidell, New York State Department of State, Office of Planning and Development, 295 Main Street, Suite 821, Buffalo, New York 14203, or by email to: [email protected]

 

PUBLIC NOTICE

Department of State

Notice of Review of Request for

Brownfield Opportunity Area

Conformance Determination

Project: Sucro Real Estate NY, LLC
Location: City of Lackawanna First Ward Brownfield Opportunity Area in City of Lackawanna

 

In accordance with General Municipal Law, Article 18 - C, Section 970-r, the Secretary of State designated the City of Lackawanna First Ward Brownfield Opportunity Area, in the City of Lackawanna, on July 25, 2019. The designation of the City of Lackawanna First Ward 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 August 30, 2022, Sucro Real Estate NY, LLC submitted a request for the Secretary of State to determine whether the Sucro Real Estate NY, LLC project, which will be located within the designated City of Lackawanna First Ward Brownfield Opportunity Area, conforms to the goals and priorities identified in the Nomination that was prepared for the designated City of Lackawanna First Ward 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://dos.ny.gov/boa-conformance-sucro-real-estate-ny-llc.

Comments must be submitted no later than November 4, 2022, either by mail to: Benjamin Bidell, New York State Department of State, Office of Planning and Development, 295 Main Street, Suite 821, Buffalo, New York 14203, or by email to: [email protected]

 

 

 

 

PUBLIC NOTICE

Department of State

Notice of Review of Request for

Brownfield Opportunity Area

Conformance Determination

Project: 211 Main Street Redevelopment
Location: City of North Tonawanda Brownfield Opportunity Area in City of North Tonawanda

 

In accordance with General Municipal Law, Article 18 - C, Section 970-r, the Secretary of State designated the City of North Tonawanda Brownfield Opportunity Area, in the City of North Tonawanda, on April 9, 2015. The designation of the City of North Tonawanda 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 September 6, 2022, Enterprise Lumber & Silo, LLC submitted a request for the Secretary of State to determine whether the 211 Main Street Redevelopment project, which will be located within the designated City of North Tonawanda Brownfield Opportunity Area, conforms to the goals and priorities identified in the Nomination that was prepared for the designated City of North Tonawanda 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://dos.ny.gov/2204-211-main-street-redevelopment-boa-conformance.

Comments must be submitted no later than November 4, 2022, either by mail to: Benjamin Bidell, New York State Department of State, Office of Planning and Development, 295 Main Street, Suite 821, Buffalo, New York 14203, or by email to: [email protected]