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-2021-1172

Date of Issuance – May 25, 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-2021-1172, Sabrina Pezzino is proposing to construction of a 4’x 50’ fixed pier off the existing over-water platform. Remove the existing 33’ long wavescreen and relocate the existing 16’x 16’ boatlift to the waterward end of the proposed fixed pier. The site is located on Great South Bay at 220 Harbor Lane, Massapequa Park, NY, 11762 Nassau County.

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

https://dos.ny.gov/system/files/documents/2022/05/f-2021-1172pezzino.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 June 24, 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-2022-0326

Date of Issuance – May 25, 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-2022-0326, Bruce Lyons is proposing to replace in-place 18’ of bulkhead, install 16’ of new bulkhead 12’ waterward of the existing and backfill with 50cy of clean fill. Install 18' of bulkhead in-place of existing wavescreen. Raise all bulkheads 18" in elevation of existing. Also, install a 2.5'x 18' ramp and 8'x 20' float off the existing platform. The project site is location on Randall Bay, at 890 S. Long Beach Avenue, Freeport, NY, 11520.

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

https://dos.ny.gov/system/files/documents/2022/05/f-2022-0326lyons.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 June 24, 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-2022-0073

Date of Issuance – May 25, 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-2022-0073, Wellesley Island Water Corp., is proposing to make various improvements to an existing drinking water system. The proposed improvements include replacement of a water storage tank, construction of a new water pumping station, construction of a new water treatment plant, and installing new underground waterlines.

The new waterlines will include ~3,000 linear feet of 8” HDPE pipe (3 separate lines) installed by open cut trench (1,000 feet long by 10 feet wide by 7 feet 8 inches deep. Approximately 3,500 linear feet of 8” HDPE pipe will be installed by Hydraulic Directional Drilling (HDD). Of the above ~ 20lf of open cut trench would be within regulated wetlands and ~115lf of HDD would be within/ under regulated wetlands. Wetland disturbance would be restored with clean fill in the bottom of the trench then backfilled with excavated native materials to restore to preexisting conditions. Approximately 80lf of HDD pipe installation would occur under a regulated water way, minimum depth below the water way bottom would be 5 feet. All HDD drill pits would be placed outside regulated waters and wetlands and an inadvertent release plan has been provided.

The proposed work would be conducted at the eastern end of Wellesley Island in the Town of Alexandria, Jefferson County. Specifically, the proposed new HDD installed waterlines would be placed generally along Bullhead Bay Road from Sunset Drive to Club Road. The open trench pipe installation would be from the proposed water tank located north of Club Road to the proposed filtration building, generally along Stone Gate Lane.

The stated purpose of the proposed action is to update the water system to bring it into state and federal compliance including to bring it into compliance with the Surface Water Treatment Rule of the Safe Drinking Water Act.

The applicant’s consistency certification and supporting information are available for review at: https://dos.ny.gov/system/files/documents/2022/05/f-2022-0073publicnotice.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 June 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-2022-0256

Date of Issuance –June 1, 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-2022-0256-George and Ellen Smith propose to install a new 8' wide x 60' long pipe pile supported dock in front of the Smith's personal residence, The dock will begin approximately 3' seaward of the Ordinary High-Water line (thus the effective length will be approx. 63'). Stairs will then be reinstalled bridging the gap.

Sacketts Harbor, Jefferson County, Black River Bay

The applicant’s consistency certification and supporting information are available for review at: https://dos.ny.gov/system/files/documents/2022/6/f-2022-0256consistcert.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):  None                          

Any interested parties and/or agencies desiring to express their views concerning any of the above proposed activities may do so by filing their comments, in writing, no later than 4:30 p.m., 30 days from the date of publication of this notice or July 1, 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-2022-0327 (DA)

Date of Issuance – June 1, 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.

Amtrak 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-2022-0327, The National Railroad Passenger Corporation (Amtrak) proposes to undertake fender rehabilitation construction activities to maintain movable bridge operation and waterway channel navigation at Pelham Bay Bridge in Bronx, Hutchinson River. 

The stated purpose of the project is to make emergency repairs to the fender system that was damaged from an errant vessel.

The agency’s consistency determination and supporting information are available for review at:

https://dos.ny.gov/system/files/documents/2022/06/f-2022-0327pelhambaybridgeamtrak.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, July 1, 2022.                    

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: [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-2022-0370

Date of Issuance – June 15, 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-2022-0370, 351 Bridge Lane LLC, is proposing to install new 4’ x 20’ catwalk, 3’ x 20’ ramp 6’ x 20’ float, and 8” float securing piles (2), 351 Bridge Lane, Sagaponack, Sagaponack Pond.

The stated purpose of the proposed action is “access to waterway and boat dockage”.

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

https://dos.ny.gov/system/files/documents/2022/6/f-2022-0370_351bridgelanellc.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 July 15, 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-2022-0112

Date of Issuance – June 22, 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.  The applicant's consistency certification and accompanying public information and data are available for inspection on the New York State Department of State’s website at https://dos.ny.gov/system/files/documents/2022/06/f-2022-0112a.pdf and

https://dos.ny.gov/system/files/documents/2022/06/f-2022-0112b.pdf

In F-2022-0112, or the “Van Buren Water District Project”, the applicant – Town of Pomfret – proposes the installation of approximately 12,400 linear feet of an 8 inch and 6 inch PVC water main. The water main improvements will be located along portions of Bayshore Drive, Lake Road, lakeside Boulevard Extension, Central Avenue, Van Buren Bay Road, 1st Street, 2nd Street, 3rd Street, 4th Street, 5th Street, 6th Street, and Van Buren Road.

The purpose of the proposed project is to provide safe and reliable potable water supply and fire protection to residences in the Town of Pomfret, Van Buren Water District.

Any interested parties and/or agencies desiring to express their views concerning the above proposed activities may do so by filing their comments, in writing, no later than 4:30 p.m., 30 days from the date of publication of this notice, or, July 22, 2021.                  

Comments should be addressed to the Consistency Review Unit, New York State Department of State, Planning, Development and Community Infrastructure, One Commerce Plaza, 99 Washington Avenue, Albany, New York 12231. Telephone (518) 474-6000; Fax (518) 473-2464. Electronic submissions can be made by email at: [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-2022-0188

Date of Issuance – June 22, 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.  The applicant's consistency certification and accompanying public information and data are available for inspection on the New York State Department of State’s website at https://dos.ny.gov/system/files/documents/2022/06/f-2022-0188a.pdf

https://dos.ny.gov/system/files/documents/2022/06/f-2022-0188b.pdf

https://dos.ny.gov/system/files/documents/2022/06/f-2022-0188c.pdf

In F-2022-0188, or the “Blind Sodus Bay REDI Project”, the applicant – Wayne County Soil & Water Conservation District – proposes to construct three breakwaters on the western portion of the barrier bar. The eastern end of the barrier bar will be enhanced with additional fill. The navigational channel will be relocated to its historic location in the center of the barrier bar to maintain access between Blind Sodus Bay and Lake Ontario. Various natural and nature-based features will be incorporated into the barrier bar breakwaters such as turtle nesting and basketing habitat, woody habitat enhancements, and native plantings.

The purpose of the proposed project is to “restore the degraded Blind Sodus Bay barrier bar to improve water quality, wildlife habitat, and protect existing development along the shoreline of Blind Sodus Bay from wave-related erosion”.

Any interested parties and/or agencies desiring to express their views concerning the above proposed activities may do so by filing their comments, in writing, no later than 4:30 p.m., 30 days from the date of publication of this notice, or, July 22, 2021.                       

Comments should be addressed to the Consistency Review Unit, New York State Department of State, Planning, Development and Community Infrastructure, One Commerce Plaza, 99 Washington Avenue, Albany, New York 12231. Telephone (518) 474-6000; Fax (518) 473-2464. Electronic submissions can be made by email at: [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-2022-0190

Date of Issuance – June 22, 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.  The applicant's consistency certification and accompanying public information and data are available for inspection on the New York State Department of State’s website at https://dos.ny.gov/system/files/documents/2022/06/f-2022-0190a.pdf  and

https://dos.ny.gov/system/files/documents/2022/06/f-2022-0190b.pdf

In F-2022-0190, or the “Woodland Wetland Enhancement Project”, the applicant – NYS Parks, Recreation, and Historic Preservation – proposes to create a hydrological connection between Blasdell Creek and the adjacent wetland. This proposal is also to divert water from the creek through regrading and installation of a box culvert. The project will expand the wetland system through regrading and removal of soils. Mechanical and chemical treatments will be applied to invasive species, five planting zones will be established and planted with native species. The project is located at the Woodlawn Beach State Park at 3580 Lake Shore Road in the Town of Hamburg, Erie County on the Blasdell Creek.

The purpose of the proposed project is to “reduce bacteria levels in Blasdell Creek and Lake Erie by creating a connection from the creek via a culvert to an expanded wetland system to support water quality improvement through biofiltration”.

Any interested parties and/or agencies desiring to express their views concerning the above proposed activities may do so by filing their comments, in writing, no later than 4:30 p.m., 30 days from the date of publication of this notice, or, July 22, 2021.                       

Comments should be addressed to the Consistency Review Unit, New York State Department of State, Planning, Development and Community Infrastructure, One Commerce Plaza, 99 Washington Avenue, Albany, New York 12231. Telephone (518) 474-6000; Fax (518) 473-2464. Electronic submissions can be made by email at: [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-2022-0391

Date of Issuance – June 22, 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-2022-0391, Jeffrey DiLandro, is proposing to construct a 4' x 52' open grate catwalk (extends 40' out from MHW). The catwalk is proposed to be elevated 4' over the tidal wetlands vegetation and then lowered to 26" over the MHW. (8) 4"x4" posts are proposed to support the catwalk landward of the MLW and (6) 8" diameter piles are proposed to support the catwalk from the MLW seaward. Stairs to access the catwalk are proposed at the landward end, and a ladder is proposed at the seaward end. All construction materials shall be non-treated lumber. 29 West End Ave., Southampton, Dave’s Creek, Shinnecock Bay.

The stated purpose of the proposed action is to “recreational dock facility for safe mooring and shoreline access”.                                                                   

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

https://dos.ny.gov/system/files/documents/2022/06/f-2022-0391jeffreydilandro.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 July 22, 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-2022-0402

Date of Issuance – June 22, 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-2022-0402, Canadian National Railway Company, is proposing to perform repairs to the concrete bridge abutments, replace the sheet pile bulkheads adjacent to the east and west abutments, and repairs to the steel superstructure truss members, tower columns, gusset plates, floor beams, stringers, rim and radial girders and diaphragms. None of these steel superstructure repairs will affect the bridge low chord such that the vertical clearance above Mean Low Water (MLW) will remain the same as existing. The only in-water construction activities will be for the bulkhead replacement which will be a total length of 716 feet; including 126 ft along the western shoreline and 590 ft along the eastern shoreline.  The project location is the Black Rock Swing Bridge, City of Buffalo, Erie County, Black Rock Canal. 

The stated purpose of the proposed action is for the bridge to continue safe and efficient operations.

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

https://dos.ny.gov/system/files/documents/2022/06/f-2022-0402cnablackrock.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 July 22, 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.

 

 

 SEQ CHAPTER \h \r 1New York State Department of State

Public Notice - F-2022-0428 (DA)

Date of Issuance – June 22, 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) National Marine Fisheries service National Marine Fisheries Service (NMFS) 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 proposes an Amendment 22 to the Summer Flounder, Scup, and Black Sea Bass Fishery Management Plan. This amendment would establish updated commercial and recreational sector allocations for summer flounder, scup, and black sea bass.  This action would also add the option for future modifications to the commercial/recreational allocation and transfer provisions to be considered through an FMP framework action, as opposed to an amendment.

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

https://dos.ny.gov/system/files/documents/2022/06/f-2022-0428(da)noaa.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., 30 from the date of publication of this notice, or July 22, 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.

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
Western New York

Starting Date:
7/13/22

 

Closing Date:
9/13/22

 

 

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: Lincoln at Bankside

Location: Port Morris Harlem Riverfront Brownfield Opportunity Area, City of New York, Bronx County

 

In accordance with General Municipal Law, Article 18 - C, Section 970-r, the Secretary of State designated the Port Morris Harlem Riverfront Brownfield Opportunity Area, in the Bronx, on April 9, 2015. The designation of the Port Morris Harlem Riverfront 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.

BOP 101 Lincoln Avenue LLC submitted a request for the Secretary of State to determine whether the Third at Bankside Project, which will be located within the designated Port Morris Harlem Riverfront Brownfield Opportunity Area, conform to the goals and priorities identified in the Nomination that was prepared for the designated Port Morris Harlem Riverfront 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/system/files/documents/2022/03/bop-101-lincoln-avenue-llc.pdf

Comments must be submitted no later than May 5, 2022, either by mail to: Christopher Bauer, New York State Department of State, Office of Planning and Development, Ellicott Square Building, 295 Main Street, 8th Floor – Room 821 Buffalo, NY 14203, or by email to: [email protected]

 

PUBLIC NOTICE

Department of State

Notice of Review of Request for

Brownfield Opportunity Area

Conformance Determination

Project: The Arches

Location: Port Morris Harlem Riverfront Brownfield Opportunity Area, City of New York, Bronx County

In accordance with General Municipal Law, Article 18 - C, Section 970-r, the Secretary of State designated the Port Morris Harlem Riverfront Brownfield Opportunity Area, in the Bronx, on April 9, 2015. The designation of the Port Morris Harlem Riverfront 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 30, 2021, Deegan 135 Realty LLC submitted a request for the Secretary of State to determine whether The Arches Project, which will be located within the designated Port Morris Harlem Riverfront Brownfield Opportunity Area, conform to the goals and priorities identified in the Nomination that was prepared for the designated Port Morris Harlem Riverfront 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/system/files/documents/2022/03/2021-07-30-final-boa-conformance-application-with-attachments-for-deegan-135-realty-llc.pdf

Comments must be submitted no later than May 6th, 2022, either by mail to: Kevin Garrett, New York State Department of State, Office of Planning and Development, 123 William Street – 20-163 New York, NY 10038, or by email to: [email protected]