Boiler Inspection, Records Review Poughkeepsie, New York

NOTICE IS HEREBY GIVEN that the Dutchess County Resource Recovery Agency (“Agency”) has amended its Request for Proposals (“RFP”), dated June 25, 2013, for a contract (“Service Agreement”) to operate and maintain the Agency’s waste-to-energy facility (“Facility”) commencing on July 1, 2014.

The amendments: 1) Extend the time to submit proposals until 3:00 o’clock p.m. on September 4, 2013 at the Agency office, located at 96 Sand Dock Road, Poughkeepsie, New York 12601, and 2) Require proposers to submit proposals for either or both a thirteen (13) year term with two six (6) year Agency options to extend, and/or a single twenty-five (25) year term. The term chosen will be at the Agency’s discretion.

Copies of the Amendments to the Request for Proposals, Amended Proposal Response Forms A-G, and the Amended Preferred Service Agreement, may be obtained from the Agency’s Executive Director, William J. Calogero ([email protected]), or Ms. Denise Walsh ([email protected]), and will be available online at www.dcrra.org.

No changes have been made to Appendices “A” - “L” of the Preferred Service Agreement, or to Exhibits “2” and “3” of the RFP, which were issued on June 25, 2013 and are available at www.dcrra.org.

NOTICE IS FURTHER GIVEN that potential proposers will be able to inspect the Facility boilers and review Facility outage records on August 5, 6 or 7, 2013. Notice of the chosen date will be given approximately 48 hours in advance to potential proposers who have registered with the Agency. For details see www.dcrra.org.

For further information, contact: William J. Calogero, Executive Director, Dutchess County Resource Recovery Agency, 96 Sand Dock Rd., Poughkeepsie, NY 12601, (845) 463-6021, (845) 462-6090 (F), e-mail: [email protected]

Pursuant to Environmental Conservation Law section 9-1303, the New York State Department of Environmental Conservation (NYSDEC) hereby gives notice of the following:

NYSDEC is expanding and consolidating its existing quarantine districts in eastern and western New York into one quarantine district in order to limit the potential introduction of the invasive Emerald Ash Borer (EAB) to other areas of the state. NYSDEC’s EAB Quarantine Order rescinds and replaces the prior quarantine orders with one consolidated order. The Order prohibits the intrastate movement of EAB, and the movement of ash nursery stock, ash trees, and ash wood products, and firewood, wood chips and bark mulch from any tree species, beyond the quarantine district without certification or compliance agreements from the New York State Department of Agriculture and Markets (NYSDAM), or the Animal and Plant Health Inspection Service (APHIS) of the United States Department of Agriculture, in addition to other provisions as defined in the Order. Revisions have also been made to the current regulations to reflect the same dates for the EAB flight season included in the NYSDAM and APHIS orders and to make minor changes for clarity. The final Quarantine Order will become effective 10 days after it is filed with the clerks of Albany, Allegany, Broome, Cattaraugus, Cayuga, Chautauqua, Chemung, Chenango, Columbia, Cortland, Delaware, Dutchess, Erie, Fulton, Genesee, Greene, Herkimer, Livingston, Madison, Monroe, Montgomery, Niagara, Oneida, Onondaga, Ontario, Orleans, Orange, Otsego, Putnam, Rensselaer, Schenectady, Schoharie, Schuyler, Seneca, Steuben, Sullivan, Tioga, Tompkins, Ulster, Wayne, Wyoming, and Yates Counties.

A copy of the NYDEC EAB Quarantine Order can be found at: http://www.dec.ny.gov/animals/47761.html on the NYSDEC’s website. For further information, contact: Douglas Schmid, Department of Environmental Conservation, 625 Broadway, Albany, NY 12233- 4250, (866) 640-0652, e-mail: [email protected]

Pursuant to Title 3, Article 49 of the Environmental Conservation Law, the Department of Environmental Conservation hereby gives public notice of the following:

Notice is hereby given, pursuant to Section 49-0305(9) of the Environmental Conservation Law, of the Department's intent to acquire a Conservation Easement from Mohawk Power Corporation, dba National Grid, over certain lands located in the Town of Queensbury, Warren County, New York.

For further information, contact: Robert Morrell, Acting Superintendent, Bureau of Real Property, Department of Environmental Conservation, 625 Broadway, 5th Fl., Albany, NY 12233-4256, (518) 402-9442

Pursuant to Title 3, Article 49 of the Environmental Conservation Law, the Department of Environmental Conservation hereby gives public notice of the following:

Notice is hereby given, pursuant to Section 49-0305(9) of the Environmental Conservation Law, of the Department's intent to acquire a Conservation Easement from Niagara Mohawk Power Corporation, dba National Grid, over certain lands located in the Town of Queensbury, Warren County, New York.

For further information, contact: Robert Morrell, Acting Superintendent, Bureau of Real Property, Department of Environmental Conservation, 625 Broadway, 5th Fl., Albany, NY 12233-4256, (518) 402-9442

The Department of Financial Services (the “Department”) invites public comment regarding whether to continue or modify certain provisions of 11 NYCRR 65-4 (Insurance Regulation 68-D) implementing New York Insurance Law section 5106(a), which concern attorney’s fees awarded to healthcare providers seeking reimbursement of overdue no-fault insurance claims in the context of litigation over those claims. Those regulatory provisions – 11 NYCRR 65-4.6(c), (e), and (f) – are set forth below.

The Department must receive comments by October 7, 2013.

Comments should be submitted to: Camielle A. Barclay, Senior Attorney, Department of Financial Services, One State St., New York, NY 10004, (212) 480-5299, e-mail: [email protected]

11 NYCRR 65-4.6(c)

Except as provided in subdivisions (a) and (b) of this section, the minimum attorney’s fee payable pursuant to this subpart shall be $60.

11 NYCRR 65-4.6(e)

For all other disputes subject to arbitration, subject to the provisions of subdivisions (a) and (c) of this section, the attorney’s fee shall be limited as follows: 20 percent of the amount of first-party benefits, plus interest thereon, awarded by the arbitrator or court, subject to a maximum fee of $850. If the nature of the dispute results in an attorney’s fee which could be computed in accordance with the limitations prescribed in both subdivision (d) and this subdivision, the higher attorney’s fee shall be payable. However, if the insurer made a written offer pursuant to section 65-4.2(b)(4) of this Subpart and if such offer equals or exceeds the amount awarded by the arbitrator, the attorney’s fee shall be based upon the provisions of subdivision (b) of this section.

11 NYCRR 65-4.6(f)

Notwithstanding the limitations listed in this section, if the arbitrator or a court determines that the issues in dispute were of such a novel or unique nature as to require extraordinary skills or services, the arbitrator or court may award an attorney’s fee in excess of the limitations set forth in this section. An excess fee award shall detail the specific novel or unique nature of the dispute which justifies the award. An excess award of an attorney’s fee by an arbitrator shall be appealable to a master arbitrator.

Please take notice that the HUDSON RIVER PARK TRUST (the “Trust”) is seeking input on a proposed renewal of the Lease with Chelsea Pier L.P. (the “Lease”). Section 2.2 of the Lease, dated June 24, 1994, as amended June 30, 1996, requires the Trust, prior to a renewal of such Lease, to evaluate the tenancy of Lessee, Chelsea Piers L.P., based on the following criteria, among others:

• timeliness of the Base Rent and all material Rental payments;

• responsiveness of the Lessee to repair the Premises when put on notice by Lessor or its successors;

• responsiveness of the Lessee to repair the Premises after notices of violations from City fire, police or building departments;

• the nature and extent of improvements made by the Lessee during the Term; and

• impact on the community with advice solicited from the community in the evaluation.

The Trust is seeking comment on any impacts, positive or negative, that Chelsea Piers has had on the community over the course of the last ten years.

The public comment period extends until September 30, 2013. Comments may be sent by e-mail or regular mail to the following: Laurie Silberfeld, Esq., Vice President and General Counsel, Hudson River Park Trust, Pier 40, 2nd Fl., 353 West St., New York, NY 10014, e-mail: [email protected]

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

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

In F-2009-0523, Knutson Marina - Thomas J. Knutson Jr. Revocable Living Trust, Huntington Harbor, Town of Huntington, County of Suffolk, is proposing to modify their existing permit to perform maintenance dredging of the existing facility. The original proposal was to place the dredged material at an upland location, however the applicant has requested to modify the permit for confined disposal of approximately 8,500 cubic yards of dredged material at the Central Long Island Sound Disposal Site (CLIS). The CLIS is an open-water disposal site located within Long Island Sound, approximately 5.6 nautical miles south of East Haven, CT.

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, by Thursday, September 5, 2013.

Comments should be addressed to the Department of State, Division of Coastal Resources, Attn: Consistency Review Unit, One Commerce Plaza, Suite 1010, 99 Washington Ave., Albany, NY 12231, (518) 474-6000, Fax (518) 473-2464. Comments can also be submitted electronically via e-mail at: [email protected]

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

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

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

In F-2013-0538, Matthew Kravitz, 101 North Cove Road, Old Saybrook, CT, is proposing to perform maintenance dredging of the existing facility, with subsequent un-confined disposal of approximately 5,156 cubic yards of dredged material at the Central Long Island Sound Disposal Site (CLIS). The CLIS is an open-water disposal site located within Long Island Sound, approximately 5.6 nautical miles south of East Haven, CT.

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, by Thursday, September 5, 2013.

Comments should be addressed to the Department of State, Division of Coastal Resources, Attn: Consistency Review Unit, One Commerce Plaza, Suite 1010, 99 Washington Ave., Albany, NY 12231, (518) 474-6000, Fax (518) 473-2464. Comments can also be submitted electronically via e-mail at: [email protected]

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

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

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

In F-2013-0580, Matthew Kravitz, 101 North Cove Road, Old Saybrook, CT, is proposing to perform maintenance dredging of the existing facility, with subsequent un-confined disposal of approximately 3000 cubic yards of dredged material at the Central Long Island Sound Disposal Site (CLIS). The CLIS is an open-water disposal site located within Long Island Sound, approximately 5.6 nautical miles south of East Haven, CT.

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, by Thursday, September 5, 2013.

Comments should be addressed to the Department of State, Division of Coastal Resources, Attn: Consistency Review Unit, One Commerce Plaza, Suite 1010, 99 Washington Ave., Albany, NY 12231, (518) 474-6000, Fax (518) 473-2464. Comments can also be submitted electronically via e-mail at: [email protected]

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

Pursuant to 19 NYCRR 1205, the petitions below have been received by the Department of State for action by the Uniform Code Regional Boards of Review. 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 Tollsen, Codes Division, Department of State, One Commerce Plaza, 99 Washington Ave., Albany, NY 12231, (518) 474-4073 to make appropriate arrangements.

2013-0329 Matter of Perkins Eastman, c/o Scott Fitzgerald, 1100 Liberty Avenue, Pittsburg, PA 15222, for a variance concerning safety requirements, including a required means of egress in a building located at 2980 Clinton Avenue South, Town of Brighton, County of Monroe, State of New York.

2013-0364 Matter of Christian Life Baptist Church, 2523 Brown Hollow Road, Corning, NY 14830, for a variance concerning safety requirements, including a required sprinkler system in a building located at 2523 Brown Hollow road, Town of Corning, County of Steuben, State of New York.