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12/16/20 N.Y. St. Reg. Miscellaneous Notices/Hearings

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12/16/20 N.Y. St. Reg. Miscellaneous Notices/Hearings

NEW YORK STATE REGISTER

VOLUME XLII, ISSUE 50

December 16, 2020

MISCELLANEOUS NOTICES/HEARINGS

Notice of Abandoned Property Received by the State Comptroller

Pursuant to provisions of the Abandoned Property Law and related laws, the Office of the State Comptroller receives unclaimed monies and other property deemed abandoned. A list of the names and last known addresses of the entitled owners of this abandoned property is maintained by the office in accordance with Section 1401 of the Abandoned Property Law. Interested parties may inquire if they appear on the Abandoned Property Listing by contacting the Office of Unclaimed Funds, Monday through Friday from 8:00 a.m. to 4:30 p.m., at:

1-800-221-9311 or visit our web site at: www.osc.state.ny.us

Claims for abandoned property must be filed with the New York State Comptroller's Office of Unclaimed Funds as provided in Section 1406 of the Abandoned Property Law. For further information contact: Office of the State Comptroller, Office of Unclaimed Funds, 110 State St., Albany, NY 12236.

PUBLIC NOTICE

GreenNY Interagency Committee on Sustainability and Green Procurement

Pursuant to Executive Order No. 4: Establishing a State Green Procurement and Agency Sustainability Program, April 24, 2008 (“EO 4”), the Interagency Committee on Sustainability and Green Procurement hereby gives public notice of the following:

Four green specifications were tentatively approved by the Interagency Committee on Sustainability and Green Procurement and have been posted for public comment.

These include new or amended specifications on the following topics:

Apparel and Textile Materials, Coating Removal Products, Garment Cleaning, and Laundry Detergent.

All of the above specifications are available for viewing at: https://ogs.ny.gov/greenny/executive-order-4-tentatively-approved-specifications

Information regarding the green specification approval process is also available at the above link.

Comments may be submitted electronically to: [email protected]

Comments from the public regarding the tentatively approved specifications will be accepted until Friday, March 19, 2021.

PUBLIC NOTICE

Department of Health MRT 1115 Waiver Extension Request

In compliance with 42 CFR 431.408(a)(2)(ii) as well as the current MRT Waiver Special Terms and Conditions regarding the annual Public Forum requirement, the Department of Health is pleased to announce that it will conduct two virtual public hearings/public forums, to provide an overview of the State’s 1115 waiver extension request and allow members of the public to provide comments. This notice further serves to open the 30-day public comment period which will close on Friday, January 15, 2021. In addition to this 30-day comment period where the public will be afforded the opportunity to provide written comments, the Department of Health will be hosting two virtual public hearings during which the public may provide oral comments. Any updates related to the public hearings and forum will be sent via the MRT ListServ.

The New York State Department of Health (“NYSDOH”) is requesting a three-year extension of the existing Section 1115 Medicaid Redesign Team (“MRT”) waiver demonstration, which is set to expire on March 31, 2021. This extension proposal seeks an extension of all current programs and authorities in the State’s current waiver demonstration, with the following two programmatic amendments:

• Carveout of the Non-Emergency Medical Transportation (NEMT) Benefit for Managed Long-Term Care Members to Fee-For-Service: The goals of this amendment request are as follows:

o Improve administrative simplification by creating a consistently managed transportation benefit and removing the benefit from the MRT Waiver;

o Reduce cost-risk by shifting the broker arrangement to a risk-based arrangement; and

o Create a larger pool of members by combining all members, except PACE for which the transportation benefit must be managed by the PACE Organization under federal rules, for brokers to provide NEMT service to.

• Carveout of Pharmacy Benefits from Medicaid Managed Care to Fee-For-Service. The goals of this amendment request are as follows:

o Provide the State with full visibility into prescription drug costs;

o Centralize and leverage negotiation power;

o Provide a single drug formulary with standardized utilization management protocols; and

o Address the growth of the 340B program and associated reductions in State rebate revenue.

These amendments were developed by the State’s Medicaid Redesign Team II (MRT II), and are part of a larger, more comprehensive set of reforms that the State is planning to innovate and improve the Medicaid program. MRT II brought together a comprehensive set of stakeholders to collectively find solutions that improve the delivery of care and outcomes for Medicaid members and contain spending growth in the Medicaid program.

The two virtual public hearing/public forum meetings will be held as follows:

1. First Public Hearing/Public Forum

a. Thursday, January 21, 2021 from 1-4pm.

b. Pre-registration is required for anyone wishing to provide oral comment using this link: https://meetny.webex.com/meetny/onstage/g.php?MTID=eafaac7a7545ec85e7a621bdc99cdb98d.

c. Individuals who wish to provide comment will need to register with an “SP” in front of their name (ex: SP Jane Doe) and must email [email protected] no later than Wednesday, January 20, 2021 at 4pm to confirm registration.

d. Individuals will speak in their order of registration. We kindly request that all comments be limited to five minutes per presenter to ensure that all public comments may be heard.

2. Second Public Hearing/Public Forum

a. Wednesday, January 27, 2021 from 1-4pm.

b. Pre-registration is required for anyone wishing to provide oral comment using this link: https://meetny.webex.com/meetny/onstage/g.php?MTID=eb77f943a1d8bfdd61a0caba29cf338bf

c. Individuals who wish to provide comment will need to register with an “SP” in front of their name (ex: SP Jane Doe) and must email [email protected] no later than Tuesday, January 26, 2021 at 4pm to confirm registration.

d. Individuals will speak in their order of registration. We kindly request that all comments be limited to five minutes per presenter to ensure that all public comments may be heard.

A draft of the proposed MRT Waiver extension request available for review at: https://www.health.ny.gov/health_care/medicaid/redesign/mrt2/ext_request/index.htm.

Due to COVID-19 pandemic, the Department of Health offices are operating at a reduced in-person capacity. For individuals with limited online access and require special accommodation to access paper copies, please call (518) 473-0919. While the State will be accepting physical written comments due to COVID-19, comments submitted electronically by email is preferred.

Prior to finalizing the proposed MRT Waiver extension application, the Department of Health will consider all written and verbal comments received. These comments will be summarized and addressed in the final version that is submitted to CMS. The Department will post a transcript of the public hearings, as well as any submitted written public comments, on the following website: https://www.health.ny.gov/health_care/medicaid/redesign/mrt2/ext_request/index.htm.

Please direct all questions to [email protected].

Written comments will be accepted by email at [email protected] or by mail at Department of Health, Office of Health Insurance Programs, Waiver Management Unit, 99 Washington Ave., 7th Fl., Suite 720, Albany, NY 12210.

All comments must be postmarked or emailed by 30 days of the date of this notice.

PUBLIC NOTICE

Department of Health MRT 1115 Waiver Extension Request

In compliance with 42 CFR 431.408(a)(1) as well as the current MRT Waiver Special Terms and Conditions regarding the annual Public Forum requirement, the New York State Department of Health is pleased to announce that it will conduct two virtual public hearings/public forums, to provide an overview of the State’s 1115 waiver extension request and allow members of the public to provide comments. This notice further serves to open the 30-day public comment period which will close on Friday, January 15, 2021. In addition to this 30-day comment period where the public will be afforded the opportunity to provide written comments, the Department of Health will be hosting two virtual public hearings during which the public may provide oral comments. Any updates related to the public hearings and forum will be sent via the MRT ListServ.

The two virtual public hearing/public forum meetings will be held as follows:

1. First Public Hearing/Public Forum

a. Thursday, January 21, 2021 from 1-4pm.

b. Pre-registration is required for anyone wishing to provide oral comment using this link: https://meetny.webex.com/meetny/onstage/g.php?MTID=eafaac7a7545ec85e7a621bdc99cdb98d.

d. Individuals will speak in their order of registration. We kindly request that all comments be limited to five minutes per presenter to ensure that all public comments may be heard.

2. Second Public Hearing/Public Forum

a. Wednesday, January 27, 2021 from 1-4pm.

b. Pre-registration is required for anyone wishing to provide oral comment using this link: https://meetny.webex.com/meetny/onstage/g.php?MTID=eb77f943a1d8bfdd61a0caba29cf338bf

d. Individuals will speak in their order of registration. We kindly request that all comments be limited to five minutes per presenter to ensure that all public comments may be heard.

Extension Proposal Summary and Objectives

• Carveout of the Non-Emergency Medical Transportation (NEMT) Benefit for Managed Long-Term Care Members to Fee-For-Service: The goals of this amendment request are as follows:

o Improve administrative simplification by creating a consistently managed transportation benefit and removing the benefit from the MRT Waiver;

o Reduce cost-risk by shifting the broker arrangement to a risk-based arrangement; and

• Carveout of Pharmacy Benefits from Medicaid Managed Care to Fee-For-Service. The goals of this amendment request are as follows:

o Provide the State with full visibility into prescription drug costs;

o Centralize and leverage negotiation power;

o Provide a single drug formulary with standardized utilization management protocols; and

o Address the growth of the 340B program and associated reductions in State rebate revenue.

Eligibility, Benefits, and Cost-Sharing Changes

This extension proposal, inclusive of the two proposed amendments, contains no changes to eligibility, scope of benefits, or cost-sharing requirements. The two proposed amendments simply shift the administration and delivery of the two identified benefits by carving out these two benefits from the Medicaid Managed Care delivery systems to Fee-For-Service in the State Plan.

Enrollment and Fiscal Projections

Please see the Appendix at the end of this Issue for the Enrollment and Fiscal Projections.

Hypotheses and Evaluation

In July 1997, New York State (the “State”) received approval from the Centers for Medicare and Medicaid Services (“CMS”) for its “Partnership Plan” Medicaid Section 1115 Demonstration (the “1115 Demonstration”). In implementing the 1115 Demonstration, the State sought to achieve the following goals:

• Improve access to health care for the Medicaid population;

• Improve the quality of health services delivered;

• Expand access to family planning services; and

• Expand coverage to additional low-income New Yorkers with resources generated through managed care efficiencies.

The primary purpose of the Demonstration was to enroll a majority of the State’s Medicaid population into managed care; to use a managed care delivery system to deliver benefits to Medicaid recipients; to create efficiencies in the Medicaid program, and enable the extension of coverage to certain individuals who would otherwise be without health insurance. The MRT Waiver continues to meet the goals and objectives that were established at the initial approval of the demonstration.

The current hypotheses for the aforementioned goals are:

• The MRT Waiver will improve access to health care for the Medicaid population;

• The MRT Waiver will improve the quality of health services delivered;

• The MRT Waiver will expand access to family planning services; and

• The MRT Waiver will expand coverage to additional low-income New Yorkers with resources generated through managed care efficiencies.

Waiver and Expenditure Authorities

As specified in the MRT Waiver extension application, the State requests a continuation of the following waiver and expenditure authorities to operate the demonstration:

Waiver Authority	Reason and Use of Waiver Authority
1. Extension of Existing Demonstration Section 1115(a)	a. To the extent necessary to enable the State to extend the existing waiver for an additional three years.
2. Statewideness Section 1902(a)(1)	a. To permit New York to geographically phase in the Managed Long-Term Care (MLTC) program and the Health and Recovery Plans (HARP) and to phase in Behavioral Health (BH) Home and Community Based Services (HCBS) into HIV Special Needs Plans (HIV SNP).
3. Comparability Section 1902(a)(10), section 1902(a)(17)	a. To enable New York to apply a more liberal income standard for individuals who are deinstitutionalized and receive HCBS through the managed long-term care program than for other individuals receiving community-based long-term care.
	b. To the extent necessary to permit New York to waive cost sharing for non-drug benefit cost sharing imposed under the Medicaid State Plan for members enrolled in the Mainstream Medicaid Managed Care Plan (MMMC) – including Health and Recovery Plans (HARP) and HIV SNPs – and who are not otherwise exempt from cost sharing in § 447.56(a)(1).
	c. Family of One Non-1915 Children, or “Fo1 Children” – To allow the State to target eligibility to, and impose a participation capacity limit on, medically needy children under age 21 who are otherwise described in 42 CFR § 435.308 of the regulations who: 1) receive Health Home Comprehensive Care Management under the State Plan in replacement of the case management services such individuals formerly received through participation in New York’s NY #.4125 1915(c) waiver and who no longer participate in such waiver due to the elimination of the case management services, but who continue to meet the targeting criteria, risk factors, and clinical eligibility standard for such waiver; and 2) receive HCBS 1915(c) services who meet the risk factors, targeting criteria, and clinical eligibility standard for the above-identified 1915(c) waiver. Individuals who meet either targeting classification will have excluded from their financial eligibility determination the income and resources of third parties whose income and resources could otherwise be deemed available under 42 CFR § 435.602(a)(2)(i). Such individuals will also have their income and resources compared to the medically needy income level (MNIL) and resource standard for a single individual, as described in New York’s State Medicaid Plan.
4. Amount, Duration & Scope Section 1902(a)(10)(B)	a. To enable New York to provide behavioral health (BH) HCBS services, whether furnished as a State Plan benefit or as a demonstration benefit to targeted populations that may not be consistent with the targeting authorized under the approved State Plan, in amount, duration and scope that exceeds those available to eligible individuals not in those targeted populations.
5. Freedom of Choice Section 1902(a)(23)(A)	a. To the extent necessary to enable New York to require members to enroll in Managed Care Organizations, including the Mainstream Medicaid Managed Care (MMMC), and MLTC (excluding individuals designated as “Long-Term Nursing Home Stays”) and HARPs programs in order to obtain benefits offered by those plans. Members shall retain freedom of choice of family planning providers.
6. Reasonable Promptness Section 1902(a)(8)	a. To enable the State to limit the number of medically needy Fo1 Children not otherwise enrolled in the Children’s 1915(c) waiver.
Title XIX Requirements Not Applicable to Self-Direction Pilot Program (see Expenditure Authority 6, “Self-Direction Pilot”)
7. Direct Payment to Providers Section 1902(a)(32)	a. To the extent necessary to permit the State to make payments to members enrolled in the Self Direction Pilot Program to the extent that such funds are used to obtain self-directed HCBS LTC services and supports.

The State is requesting the use of the same expenditure authorities as approved in the existing 1115 demonstration, except for expenditure authority to provide incentive payments and planning grants for the previously numbered Expenditure Authority 7, Delivery System Incentive Reform Payment (DSRIP) program, which are expiring in March of 2020, or previously numbered Expenditure Authority 6, Designated State Health Program Funding, which expired in 2020. While the State is not requesting the use of the DSRIP Expenditure Authority, CMS provided additional authority to provide DSRIP administration and a schedule of PPS payments until 2021, this additional authority is not part of this extension request. The State requests the continuation of the remaining expenditure authorities and are as follows:

Expenditure Authority	Reason and Use of Expenditure Authority
1. Demonstration-Eligible Populations.	Expenditures for healthcare related costs for the following populations that are not otherwise eligible under the Medicaid State Plan:
	a. Demonstration Population 2 (TANF Adult). Temporary Assistance for Needy Families (TANF) Recipients. Expenditures for health care related costs for low- income adults enrolled in TANF. These individuals are exempt from receiving a MAGI determination in accordance with § 1902(e)(14)(D)(i)(I) of the Act.
	b. Demonstration Population 9 (HCBS Expansion). Individuals who are not otherwise eligible, are receiving HCBS, and who are determined to be medically needy based on New York’s medically needy income level, after application of community spouse and spousal impoverishment eligibility and post-eligibility rules consistent with section 1924 of the Act.
	c. Demonstration Population 10 (Institution to Community). Expenditures for health care related costs for individuals moved from institutional nursing facility settings to community settings for long term services and supports who would not otherwise be eligible based on income, but whose income does not exceed the income standard described in STC 4(c) of section IV, and who receive services through the managed long term care program under the demonstration.
	d. Included in Demonstration Population 12 (Fo1 Children)- Medically needy children Fo1 Demonstration children under age 21 with a waiver of 1902(a)(10)(C)(i)(III) who meet the targeting criteria, risk factors, and clinical eligibility standard for #NY.4125 waiver including ICF, NF, or Hospital Level of Care (LOC) who are not otherwise enrolled in the Children’s 1915(c).
2. Twelve-Month Continuous Eligibility Period.	a. Expenditures for health care related costs for individuals who have been determined eligible under groups specified in Table 1 of STC 3 in Section IV for continued benefits during any periods within a twelve-month eligibility period when these individuals would be found ineligible if subject to redetermination. This authority includes providing continuous coverage for the Adult Group determined financially eligible using Modified Adjusted Gross Income (MAGI) based eligibility methods. For expenditures related to the Adult Group, specifically, the State shall make a downward adjustment of 2.6 percent in claimed expenditures for federal matching at the enhanced federal matching rate and will instead claim those expenditures at the regular matching rate.
3. Facilitated Enrollment Services.	a. Expenditures for enrollment assistance services provided by managed care organizations (MCO), the costs for which are included in the claimed MCO capitation rates.
4. Demonstration Services for Behavioral Health Provided under Mainstream Medicaid Managed Care (MMMC).	a. Expenditures for provision of residential addiction services, crisis intervention and licensed behavioral health practitioner services to MMMC members only and are not provided under the State Plan [Demonstration Services 9].
5. Targeted Behavioral Health (BH) HCBS Services.	a. Expenditures for the provision of BH HCBS services under Health and Recovery Plans (HARP) and HIV Special Needs Plans (SNP) that are not otherwise available under the approved State Plan [Demonstration Services 8].
6. Self-Direction Pilot.	a. Expenditures to allow the State to make self-direction services available to HARP and HIV/SNP members receiving BH HCBS or children meeting targeting criteria for the Children’s 1915(c) Waiver and in MMMC receiving HCBS under the Children’s Waiver. The program will be in effect from January 1, 2017 through March 31, 2021 [Demonstration Services 8].

Submission and Review of Public Comments

A draft of the proposed MRT Waiver extension request available for review at: https://www.health.ny.gov/health_care/medicaid/redesign/mrt2/ext_request/index.htm

Prior to finalizing the proposed MRT Waiver extension application, the Department of Health will consider all written and verbal comments received. These comments will be summarized in the final submitted version. The Department will post a transcript of the public hearings, as well as any submitted written public comments, on the following website: https://www.health.ny.gov/health_care/medicaid/redesign/mrt2/ext_request/index.htm.

Please direct all questions to [email protected].

All comments must be postmarked or emailed by 30 days of the date of this notice.

PUBLIC NOTICE

New York City Deferred Compensation Plan

The New York City Deferred Compensation Plan (the “Plan”) is seeking qualified vendors to provide emerging markets equity investment management services for the International Equity Fund (“the Fund”) investment option of the Plan. Qualified vendors that do not currently provide product capabilities to eVestment must submit product information to NEPC, LLC at the following email address: [email protected]. Please complete the submission of product information no later than 4:30 P.M. Eastern Time on December 23, 2020.

Consistent with the policies expressed by the City, proposals from certified minority-owned and/or women-owned businesses or proposals that include partnering arrangements with certified minority-owned and/or women-owned firms are encouraged. Additionally, proposals from small and New York City-based businesses are also encouraged.

PUBLIC NOTICE

Department of State F-2020-0679 Date of Issuance – December 16, 2020

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

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

In F-2020-0679 -Marcelo Buitrago- proposes to install a 4-pile boat lift and 2-pile dual personal watercraft lift at 3230 Hewlett Avenue in the Town of Merrick, Nassau County, East Bay.

The applicant’s consistency certification and supporting information are available for review at: http://www.dos.ny.gov/opd/programs/pdfs/Consistency/F-2020-0679ConsistCert.pdf

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

Any interested parties and/or agencies desiring to express their views concerning any of the above proposed activities may do so by filing their comments, in writing, no later than 4:30 p.m., 15 days from the date of publication of this notice, or December 31, 2020.

Comments should be addressed to: Consistency Review Unit, Department of State, Office of Planning, Development & Community Infrastructure, One Commerce Plaza, 99 Washington Ave., Albany, NY 12231, (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.

PUBLIC NOTICE

Department of State F-2020-0746 Date of Issuance – December 16, 2020

The applicant has certified that the proposed activity complies with and will be conducted in a manner consistent with the approved New York State Coastal Management Program. The applicant's consistency certification and accompanying public information and data are available for inspection on the New York State Department of State’s website at: http://www.dos.ny.gov/opd/programs/pdfs/Consistency/F-2020-0746.pdf

In F-2020-0746, or the “Walsh Residential Dock”, the applicant – Brian Walsh – proposes to install a 3 foot by 16 foot ramp leading to an 8 foot by 20 foot float with two mooring piles the proposed ramp will be placed waterward of the existing dock.

The purpose of the proposed project is to provide recreational enhancement. The project is located at 875 West Park Avenue in the City of Long Beach, Nassau County Reynolds Channel.

Any interested parties and/or agencies desiring to express their views concerning the above proposed activities may do so by filing their comments, in writing, no later than 4:30 p.m., 30 days from the date of publication of this notice, or, January 15, 2021.

Comments should be addressed to: Consistency Review Unit, Department of State, Planning, Development and Community Infrastructure, One Commerce Plaza, 99 Washington Ave., Albany, NY 12231, (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.

PUBLIC NOTICE

Department of State F-2020-0750 Date of Issuance – December 16, 2020

The New York State Department of State (DOS) is required by Federal regulations Department 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.

In F-2020-0750, or the “Long Beach WPCP Consolidation Project”, the applicant – Nassau County Department of Public Works – proposes the conversion of the Long Beach WPCP's headworks and influent pump to a flow diversion pump station, construction of a force main using horizontal directional drilling (HOD) construction method, and tying in the force main to the Bay Park STP's influent header.

“The purpose of the Consolidation Project is to pump sewage from the Long Beach barrier island to the Bay Park Sewerage Treatment Plant (STP) for treatment. This Consolidation Project, paired with an existing project, the Bay Park Conveyance Project (where a new sewage line from the Bay Park STP to the Cedar Creek WPCP is being planned), would allow treated effluent from Bay Park STP to be discharged via the existing permitted Cedar Creek ocean outfall, thereby reducing the stress on an already impaired body of water (the Western Bays).” The project is located on Long Beach in the City of Long Beach, Nassau County under Reynolds Channel, Hog Island Channel and East Rockaway Channel.

Any interested parties and/or agencies desiring to express their views concerning the above proposed activities may do so by filing their comments, in writing, no later than 4:30 p.m., 15 days from the date of publication of this notice, or, December 31, 2021.

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

PUBLIC NOTICE

Department of State F-2020-0773 Date of Issuance – December 16, 2020

In F-2020-0773, or the “Olcott Harbor Breakwater”, the applicant – Town of Newfane – proposes to construct a small offshore breakwater, approximately 400 feet in length approximately 500 feet north of the ends of the existing piers, which would either be a steel sheet pile cellular structure, or a rubble mound stone structure. In addition, the applicant proposes to line both the inside and outside of the existing federal piers and extend the piers with rubble mound stone.

“The purpose of the Project is to provide wave attenuation with the construction of an offshore breakwater and lining and extending the existing piers, which would provide protection for the harbor, adjoining properties, and associated infrastructure, as well as to provide overall calmer harbor conditions and safer navigation between the piers.” The project is located at the Olcott Harbor in the Town of Newfane, Niagara County on Lake Ontario.

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 31, 2021.

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

PUBLIC NOTICE

Department of State F-2020-0793 Date of Issuance – December 16, 2020

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

In F-2020-0793 or the “Surfside Motel Bulkhead Maintenance”, the applicant Vincent Luccisano, is maintaining an existing bulkhead by supporting the foundation with installation of expansive polyurethane foam injections sourced from a NYSDEC approved vendor. The proposed location of the project is at 64-33 Cross Bay Boulevard, Howard Beach, Shellbank Basin.

The applicant’s consistency certification and supporting information are available for review at: http://www.dos.ny.gov/opd/programs/pdfs/Consistency/F-2020-0793_V. LuccisanoAPP.pdf

Any interested parties and/or agencies desiring to express their views concerning any of the above proposed activities may do so by filing their comments, in writing, no later than 4:30 p.m., 30 days from the date of publication of this notice, or, January 15, 2021.

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

PUBLIC NOTICE

Department of State F-2020-0817 Date of Issuance – December 16, 2020

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

In F-2020-0817-Samantha Roopnarine proposes the removal and in-place reconstruction of approximately 52 linear feet of Navy Style bulkhead and two 8-foot returns. Raise bulkhead up to 18". Remove and replace landward wood decks as required. Install new 4' x 40' wood pier. Install new 4-pile boat lift and 1-pile jet skis lift. Dredge an area 5 feet out from the bulkhead to 4 feet below MLW for up to 25 cubic yards and use the resultant material as backfill behind the bulkhead with an additional 20 cy of clean fill.

Town of Hempstead, Nassau County, South Oyster Bay

The applicant’s consistency certification and supporting information are available for review at: http://www.dos.ny.gov/opd/programs/pdfs/Consistency/F-2020-0817ConsistCert.pdf

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

PUBLIC NOTICE

Department of State F-2020-0837 (DA) Date of Issuance – December 16, 2020

The US Army Corps of Engineers New York District 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.

In F-2020-0837, the applicant, the U.S. Army Corps of Engineers New York District, is proposing to conduct maintenance dredging of critical shoal areas within the Rockaway Inlet that will be dredged to -20 feet Mean Lower Low Water, removing approximately 500,000 CY of sand. Dredged sand will be placed at the western most Rockaway Ocean Sand Borrow Area, located 5 nautical miles east of Rockaway Inlet, NY. This project is located at the Jamaica Bay Federal Navigation Channel, Rockaway Inlet, NY.

The applicant’s consistency determination and supporting information are available for review at: http://www.dos.ny.gov/opd/programs/pdfs/Consistency/F-2020-0837(DA).pdf

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

• New York City Local Waterfront Revitalization Program: https://www.dos.ny.gov/opd/programs/lwrp.html

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

Comments should be addressed to: Department of State, Office of Planning, Development & Community Infrastructure, One Commerce Plaza, 99 Washington Ave., Albany, NY 12231, (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.

PUBLIC NOTICE

Department of State F-2020-0945 Date of Issuance – December 16, 2020

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

In F-2020-0945, John Keogh is proposing to construct a new fixed pier catwalk dock attached to the existing bulkhead. The proposed dock will consist of 4' x 125' fixed pier catwalk elevated 26” above the Mean Highwater mark extending out into Moriches Bay. The waterward end of the dock will consist of a 4' x 24' elevated fixed pier catwalk in a "L" arrangement. The project site is located a 29 Fiske Avenue, West Hampton Beach, NY 11978, Suffolk County.

The applicant’s consistency certification and supporting information are available for review at: http://www.dos.ny.gov/opd/programs/pdfs/Consistency/F-2020-945Keogh.pdf

Any interested parties and/or agencies desiring to express their views concerning any of the above proposed activities may do so by filing their comments, in writing, no later than 4:30 p.m., 30 days from the date of publication of this notice or January 15, 2021.

Comments should be addressed to: Department of State, Office of Planning and Development and Community Infrastructure, Consistency Review Unit, One Commerce Plaza, Suite 1010, 99 Washington Ave., Albany, NY 12231, (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.

PUBLIC NOTICE

Department of State F-2020-1016 Date of Issuance – December 16, 2020

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

In F-2020-1016 or the “Sherman Creek Community Boathouse”, the applicant Row New York, is constructing a NEW Boathouse with a footprint of 8,989 sf on land; multipurpose boat apron space and path providing dock access; connection of new underground utility lines to existing lines; and installing 295 x 12 ft floating dock with connected 28 x 40 ft floating platform and 72 x 16 ft gangway leading to the shore at the boat apron location. The dock will be supported by fifteen 14-inch diameter steel pipe piles filled with flowable concrete. The proposed location of the project is at 3703 Harlem River Drive, Manhattan, New York County, Harlem River.

The applicant’s consistency certification and supporting information are available for review at: http://www.dos.ny.gov/opd/programs/pdfs/Consistency/F-2020-1016_RowNewYork_App.pdf

Any interested parties and/or agencies desiring to express their views concerning any of the above proposed activities may do so by filing their comments, in writing, no later than 4:30 p.m., 30 days from the date of publication of this notice, or, January 15, 2021.

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

PUBLIC NOTICE

Department of State Uniform Code Variance/Appeal Petitions

Pursuant to 19 NYCRR Part 1205, the variance and appeal petitions below have been received by the Department of State. Unless otherwise indicated, they involve requests for relief from provisions of the New York State Uniform Fire Prevention and Building Code. Persons wishing to review any petitions, provide comments, or receive actual notices of any subsequent proceeding may contact Brian Tollisen or Neil Collier, Building Standards and Codes, Department of State, One Commerce Plaza, 99 Washington Ave., Albany, NY 12231, (518) 474-4073 to make appropriate arrangements.

2020-0543 Matter of Brookhaven Expeditors, Andrew Malguarnera, 713 Main Street, Port Jefferson, NY 11777, for a variance concerning safety requirements, including the height under a girder/soffit. Involved is an existing one-family dwelling located at 43 Hawkins Road, Stony Brook, Town of Brookhaven, NY 11790 County of Suffolk, State of New York.

2020-0545 Matter of Margaret Parry, 174 Grove Avenue, Patchogue, NY 11772, for a variance concerning safety requirements, including the ceiling height. Involved is an existing one-family dwelling located at 174 Grove Avenue, Patchogue, Town of Brookhaven, NY 11772 County of Suffolk, State of New York.

PUBLIC NOTICE

Department of State Uniform Code Variance/Appeal Petitions

2020-0557 In the matter of Charles Ross, New York State Office of General Services, Design and Construction, 34th Fl., Corning Tower ESP, Albany, NY 12242, for NYS Department of Transportation, concerning building code and fire safety requirements to the Berkshire Maintenance Patrol Facility located at 12902 State Route 38, Town of Berkshire, County of Tioga, State of New York.

2020-0558 In the matter of Ryan Goodfellow, for Whitlock Partners LTD., concerning building code and fire safety requirements to the proposed Whitlock building located at 476-480 South Salina Street, City of Syracuse, County of Onondaga, State of New York.

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