CERTIFICATION

Section 1198 of the New York State Vehicle and Traffic Law authorizes me as Commissioner of Health to approve ignition interlock devices for installation in the vehicles of persons required or otherwise ordered by a court as a condition of probation to install and operate such devices in any vehicle that he or she owns or operates. Ignition interlock devices must meet or exceed minimum performance specifications established by the Department of Health, as set forth in Sections 59.10, 59.11 and 59.12 of 10 NYCRR.

This is to certify that the Determinator" DM-909 ignition interlock, manufactured by Alcohol Detection Systems, has met device performance specifications and is in compliance with all requirements of 10 NYCRR Part 59.

This certification is effective December 17,2012, and notice thereof will be published in the New York State Register.

Actions Taken at December 14, 2012, Meeting

SUMMARY: As part of its regular business meeting held on December 14, 2012, in Annapolis, Maryland, the Commission took the following actions: 1) approved settlement involving a water resources project; 2) approved or tabled the applications of certain water resources projects; 3) rescinded approvals for two projects and tabled a rescission for another project; and 4) took additional actions, as set forth in the Supplementary Information below.

DATE: December 14, 2012

ADDRESSES: Susquehanna River Basin Commission, 1721 N. Front Street, Harrisburg, PA 17102-2391.

FOR FURTHER INFORMATION CONTACT: Richard A. Cairo, General Counsel, telephone: (717) 238-0423, ext. 306; fax: (717) 238-2436; e-mail: [email protected]. Regular mail inquiries may be sent to the above address. See also Commission web site at www.srbc.net.

SUPPLEMENTARY INFORMATION: In addition to the actions taken on projects identified in the summary above and the listings below, the following items were also presented or acted upon at the business meeting: 1) recognized former Maryland Alternate Commissioner Herbert M. Sachs for his service to the Commission and established an SRBC Lifetime Achievement Award in Watershed Management in his name; 2) heard a presentation on eel collection, stocking, and research by U.S. Fish and Wildlife Service Fisheries Biologist Ian Park; 3) adopted a resolution urging adequate funding for the Susquehanna Flood Forecast & Warning System (SFFWS), the Advanced Hydrologic Prediction Services Program (AHPS), and the National Streamflow Information Program (NSIP); 4) adopted a Low Flow Protection Policy (LFPP); 5) authorized publication of notice of proposed rulemaking; 6) approved two grant amendments and authorized execution of a Feasibility Cost Sharing Agreement (FCSA) under terms negotiated by staff, and subject to subsequent ratification, for Phase II of the Susquehanna River Basin Ecological Flow Management Study; and 7) denied a request for an administrative hearing of the Municipal Authority of the Township of East Hempfield.

Compliance Matter

The Commission approved a settlement in lieu of civil penalty for the following project:

1. Chobani, Inc.; South Edmeston Facility, Town of Columbus, Chenango County, N.Y. - $130,000.

Rescission of Project Approvals

The Commission rescinded approvals for the following projects:

1. Project Sponsor and Facility: Cinram Manufacturing, Borough of Olyphant, Lackawanna County, Pa. (Docket Nos. 19960701 and 19960701-1).

2. Project Sponsor and Facility: Woolrich, Inc., Gallagher Township, Clinton County, Pa. (Docket No. 20050305).

Rescission of Project Approval Tabled

The Commission tabled a rescission for the following project:

1. Project Sponsor and Facility: Clark Trucking, LLC Northeast Division (Lycoming Creek), Lewis Township, Lycoming County, Pa. (Docket No. 20111207).

Project Applications Approved

The Commission approved the following project applications:

1. Project Sponsor and Facility: Aqua Infrastructure, LLC (Source Approval), Piatt, Mifflin, Watson, Cummings, Anthony, Lycoming, and Cogan House Townships, Lycoming County, Pa. Modification to expand regional pipeline system (Docket No. 20120604).

2. Project Sponsor and Facility: Cabot Oil & Gas Corporation (Bowman Creek), Eaton Township, Wyoming County, Pa. Renewal of surface water withdrawal of up to 0.290 mgd (peak day) (Docket No. 20080929).

3. Project Sponsor and Facility: Cabot Oil & Gas Corporation (Meshoppen Creek), Lemon Township, Wyoming County, Pa. Renewal of surface water withdrawal of up to 0.054 mgd (peak day) (Docket No. 20080920).

4. Project Sponsor and Facility: Cabot Oil & Gas Corporation (Tunkhannock Creek), Lenox Township, Susquehanna County, Pa. Renewal of surface water withdrawal of up to 0.250 mgd (peak day) (Docket No. 20080918).

5. Project Sponsor and Facility: Centura Development Company, Inc., Old Lycoming Township, Lycoming County, Pa. Groundwater withdrawal of up to 0.250 mgd (30-day average) from Well 1.

6. Project Sponsor and Facility: Chesapeake Appalachia, LLC (Wyalusing Creek), Rush Township, Susquehanna County, Pa. Renewal of surface water withdrawal of up to 0.715 mgd (peak day) (Docket No. 20110607).

7. Project Sponsor and Facility: Chief Oil & Gas LLC (Sugar Creek), Burlington Borough and Burlington Township, Bradford County, Pa. Surface water withdrawal of up to 0.099 mgd (peak day).

8. Project Sponsor and Facility: EQT Production Company, Duncan Township, Tioga County, Pa. Groundwater withdrawal of up to 0.072 mgd (30-day average) from Antrim Well 1 and groundwater withdrawal of up to 0.072 mgd (30-day average) from Antrim Well 2.

9. Project Sponsor and Facility: EQT Production Company (Pine Creek), Porter Township, Lycoming County, Pa. Surface water withdrawal of up to 1.000 mgd (peak day).

10. Project Sponsor and Facility: EXCO Resources (PA), LLC (Little Muncy Creek), Franklin Township, Lycoming County, Pa. Surface water withdrawal of up to 0.999 mgd (peak day).

11. Project Sponsor and Facility: Borough of Patton, Clearfield Township, Cambria County, Pa. Groundwater withdrawal of up to 0.316 mgd (30-day average) from Well 2 and groundwater withdrawal of up to 0.316 mgd (30-day average) from Well 3.

12. Project Sponsor and Facility: Pennsylvania General Energy Company, L.L.C. (First Fork Sinnemahoning Creek), Wharton Township, Potter County, Pa. Renewal of surface water withdrawal of up to 0.231 mgd (peak day) (Docket No. 20080928).

13. Project Sponsor and Facility: Southwestern Energy Production Company (Lycoming Creek - Bodines), Lewis Township, Lycoming County, Pa. Request for extension of Docket No. 20091207.

14. Project Sponsor and Facility: Southwestern Energy Production Company (Lycoming Creek - Ralston), McIntyre Township, Lycoming County, Pa. Request for extension of Docket No. 20091210.

15. Project Sponsor and Facility: Southwestern Energy Production Company (Middle Lake), New Milford Township, Susquehanna County, Pa. Surface water withdrawal of up to 0.070 mgd (peak day).

16. Project Sponsor and Facility: Talisman Energy USA Inc. (Tamarack Lake), Armenia Township, Bradford County, Pa. Surface water withdrawal of up to 0.040 mgd (peak day).

17. Project Sponsor and Facility: West Cocalico Township Authority, West Cocalico Township, Lancaster County, Pa. Renewal of groundwater withdrawal of up to 0.259 mgd (30-day average) from Well 2 (Docket No. 19780101).

18. Project Sponsor and Facility: York County Solid Waste and Refuse Authority, Hopewell Township, York County, Pa. Modification to replace a remediation well source with no increase in the total system withdrawal limit (Docket No. 19970506).

Project Applications Tabled

The Commission tabled the following project applications:

1. Project Sponsor and Facility: Black Bear Waters, LLC (Lycoming Creek), Lewis Township, Lycoming County, Pa. Modification to increase surface water withdrawal by an additional 0.500 mgd (peak day), for a total of 0.900 mgd (peak day) (Docket No. 20120303).

2. Project Sponsor and Facility: Caernarvon Township Authority, Caernarvon Township, Berks County, Pa. Application for renewal of groundwater withdrawal of up to 0.035 mgd (30-day average) from Well 6 (Docket No. 19820912).

3. Project Sponsor and Facility: Carrizo (Marcellus), LLC (Silver Creek), Silver Lake Township, Susquehanna County, Pa. Application for surface water withdrawal of up to 0.720 mgd (peak day).

4. Project Sponsor and Facility: Chesapeake Appalachia, LLC (Susquehanna River), Athens Township, Bradford County, Pa. Application for renewal of surface water withdrawal of up to 1.440 mgd (peak day) (Docket No. 20080906).

5. Project Sponsor and Facility: Chesapeake Appalachia, LLC (Susquehanna River), Mehoopany Township, Wyoming County, Pa. Application for renewal of surface water withdrawal of up to 0.999 mgd (peak day) (Docket No. 20080923).

6. Project Sponsor and Facility: Chesapeake Appalachia, LLC (Susquehanna River), Wysox Township, Bradford County, Pa. Application for renewal of surface water withdrawal of up to 0.999 mgd (peak day) (Docket No. 20080914).

7. Project Sponsor and Facility: Citrus Energy (Susquehanna River), Washington Township, Wyoming County, Pa. Application for renewal of surface water withdrawal of up to 1.994 mgd (peak day) (Docket No. 20081205).

8. Project Sponsor and Facility: Equipment Transport, LLC (Pine Creek), Gaines Township, Tioga County, Pa. Application for surface water withdrawal of up to 0.467 mgd (peak day).

9. Project Sponsor and Facility: Falling Springs Water Works, Inc. (Falling Springs Reservoir), Ransom Township, Lackawanna County, Pa. Application for surface water withdrawal of up to 0.800 mgd (peak day).

10. Project Sponsor and Facility: Galeton Borough Water Authority, Galeton Borough, Potter County, Pa. Application for groundwater withdrawal of up to 0.288 mgd (30-day average) from the Germania Street Well.

11. Project Sponsor and Facility: Houtzdale Municipal Authority (Beccaria Springs), Gulich Township, Clearfield County, Pa. Application for surface water withdrawal of up to 5.000 mgd (peak day).

12. Project Sponsor and Facility: Mark Manglaviti & Scott Kresge (Tunkhannock Creek), Tunkhannock Township, Wyoming County, Pa. Application for surface water withdrawal of up to 0.999 mgd (peak day).

13. Project Sponsor and Facility: Mountain Energy Services, Inc. (Tunkhannock Creek), Tunkhannock Township, Wyoming County, Pa. Modification to increase surface water withdrawal by an additional 0.499 mgd (peak day), for a total of 1.498 mgd (peak day) (Docket No. 20100309).

Project Applications Withdrawn

The following project applications were withdrawn by the project sponsors:

1. Project Sponsor and Facility: EXCO Resources (PA), LLC (Pine Creek), Watson Township, Lycoming County, Pa. Application for surface water withdrawal of up to 1.500 mgd (peak day).

2. Project Sponsor and Facility: Gaberseck Brothers (Odin Pond 2), Keating Township, Potter County, Pa. Application for surface water withdrawal of up to 0.249 mgd (peak day).

AUTHORITY: Pub.L. 91-575, 84 Stat. 1509 et seq., 18 CFR Parts 806, 807, and 808.

Dated: December 21, 2012.

Thomas W. Beauduy,

Deputy Executive Director.

Projects Approved for Consumptive Uses of Water

SUMMARY: This notice lists the projects approved by rule by the Susquehanna River Basin Commission during the period set forth in "DATES."

DATES: October 1, 2012, through November 30, 2012

ADDRESSES: Susquehanna River Basin Commission, 1721 North Front Street, Harrisburg, PA 17102-2391.

FOR FURTHER INFORMATION CONTACT: Richard A. Cairo, General Counsel, telephone: (717) 238-0423, ext. 306; fax: (717) 238-2436; e-mail: [email protected]. Regular mail inquiries may be sent to the above address.

SUPPLEMENTARY INFORMATION: This notice lists the projects, described below, receiving approval for the consumptive use of water pursuant to the Commission's approval by rule process set forth in 18 CFR § 806.22(e) and 18 CFR § 806.22(f) for the time period specified above:

Approvals By Rule Issued Under 18 CFR § 806.22(e):

1. Cinram Group, Inc., Olyphant, Pa. Facility, ABR-201211001, Borough of Olyphant, Lackawanna County, Pa.; Consumptive Use of Up to 0.200 mgd; Approval Date: November 5, 2012.

Approvals By Rule Issued Under 18 CFR § 806.22(f):

1. Chesapeake Appalachia LLC, Pad ID: Hare Ridge, ABR-201210001, Rush Township, Susquehanna County, Pa.; Consumptive Use of Up to 7.500 mgd; Approval Date: October 2, 2012.

2. Cabot Oil & Gas Corporation, Pad ID: AldrichL P1, ABR-201210002, Gibson Township, Susquehanna County, Pa.; Consumptive Use of Up to 3.575 mgd; Approval Date: October 3, 2012.

3. Cabot Oil & Gas Corporation, Pad ID: RutkowskiB P1, ABR-201210003, Lenox Township, Susquehanna County, Pa.; Consumptive Use of Up to 3.575 mgd; Approval Date: October 3, 2012.

4. Cabot Oil & Gas Corporation, Pad ID: BrayB P1, ABR-201210004, Auburn Township, Susquehanna County, Pa.; Consumptive Use of Up to 3.575 mgd; Approval Date: October 3, 2012.

5. WPX Energy Appalachia, LLC, Pad ID: Reber - Dozier Well Pad, ABR-201210005, Liberty Township, Susquehanna County, Pa.; Consumptive Use of Up to 4.000 mgd; Approval Date: October 3, 2012.

6. Chief Oil & Gas LLC, Pad ID: T. Brown Drilling Pad, ABR-201210006, Lemon Township, Wyoming County, Pa.; Consumptive Use of Up to 2.000 mgd; Approval Date: October 9, 2012.

7. Chesapeake Appalachia LLC, Pad ID: Ramsher, ABR-201210007, Terry Township, Bradford County, Pa.; Consumptive Use of Up to 7.500 mgd; Approval Date: October 9, 2012.

8. XTO Energy Incorporated, LLC, Pad ID: West Brown A, ABR-201210008, Moreland Township, Lycoming County, Pa.; Consumptive Use of Up to 4.500 mgd; Approval Date: October 12, 2012.

9. EOG Resources, Inc., Pad ID: WARD B Pad, ABR-201210009, Springfield Township, Bradford County, Pa.; Consumptive Use of Up to 5.000 mgd; Approval Date: October 15, 2012.

10. EOG Resources, Inc., Pad ID: KLINE A Pad, ABR-201210010, Springfield Township, Bradford County, Pa.; Consumptive Use of Up to 5.000 mgd; Approval Date: October 15, 2012.

11. EOG Resources, Inc., Pad ID: KLINE B Pad, ABR-201210011, Springfield Township, Bradford County, Pa.; Consumptive Use of Up to 5.000 mgd; Approval Date: October 15, 2012.

12. Chief Oil & Gas LLC, Pad ID: Tague West Drilling Pad, ABR-201210012, Lemon Township, Wyoming County, Pa.; Consumptive Use of Up to 2.000 mgd; Approval Date: October 16, 2012.

13. Chief Oil & Gas LLC, Pad ID: Teeter Drilling Pad, ABR-201210013, Smithfield Township, Bradford County, Pa.; Consumptive Use of Up to 2.000 mgd; Approval Date: October 16, 2012.

14. EOG Resources, Inc., Pad ID: PLOUSE A Pad, ABR-201210014, Ridgebury Township, Bradford County, Pa.; Consumptive Use of Up to 5.000 mgd; Approval Date: October 19, 2012.

15. EOG Resources, Inc., Pad ID: GRIPPIN A Pad, ABR-201210015, Springfield Township, Bradford County, Pa.; Consumptive Use of Up to 5.000 mgd; Approval Date: October 19, 2012.

16. EOG Resources, Inc., Pad ID: KINGSLY E Pad, ABR-201210016, Springfield Township, Bradford County, Pa.; Consumptive Use of Up to 5.000 mgd; Approval Date: October 19, 2012.

17. WPX Energy Appalachia, LLC, Pad ID: Bolles South Drilling Pad, ABR-201210017, Franklin Township, Susquehanna County, Pa.; Consumptive Use of Up to 4.000 mgd; Approval Date: October 26, 2012.

18. Chief Oil & Gas LLC, Pad ID: Mehalick Drilling Pad, ABR-201210018, Cherry Township, Sullivan County, Pa.; Consumptive Use of Up to 2.000 mgd; Approval Date: October 26, 2012.

19. WPX Energy Appalachia, LLC, Pad ID: Nota Well Pad, ABR-201210019, Franklin Township, Susquehanna County, Pa.; Consumptive Use of Up to 4.000 mgd; Approval Date: October 29, 2012.

20. Cabot Oil & Gas Corporation, Pad ID: DeluciaR P1, ABR-201211002, Harford Township, Susquehanna County, Pa.; Consumptive Use of Up to 3.575 mgd; Approval Date: November 9, 2012.

21. Chesapeake Appalachia, LLC, Pad ID: Molly J, ABR-201211003, Monroe and Overton Townships, Bradford County, Pa.; Consumptive Use of Up to 7.500 mgd; Approval Date: November 16, 2012.

22. Chesapeake Appalachia, LLC, Pad ID: Slattery, ABR-201211004, Cherry Township, Sullivan County, Pa.; Consumptive Use of Up to 7.500 mgd; Approval Date: November 16, 2012.

23. Anadarko E&P Company LP, Pad ID: Terry D. Litzelman Pad A, ABR-201211005, Cogan House Township, Lycoming County, Pa.; Consumptive Use of Up to 4.000 mgd; Approval Date: November 16, 2012.

24. Anadarko E&P Company LP, Pad ID: Larry's Creek F&G Pad F, ABR-201211006, Cummings Township, Lycoming County, Pa.; Consumptive Use of Up to 4.000 mgd; Approval Date: November 16, 2012.

25. Cabot Oil & Gas Corporation, Pad ID: EmpetD P1, ABR-201211007, Harford Township, Susquehanna County, Pa.; Consumptive Use of Up to 3.575 mgd; Approval Date: November 20, 2012.

26. Cabot Oil & Gas Corporation, Pad ID: WoodE P1, ABR-201211008, Dimock Township, Susquehanna County, Pa.; Consumptive Use of Up to 3.575 mgd; Approval Date: November 20, 2012.

27. Cabot Oil & Gas Corporation, Pad ID: McLeanD P1, ABR-201211009, Lathrop Township, Susquehanna County, Pa.; Consumptive Use of Up to 3.575 mgd; Approval Date: November 20, 2012.

28. Chesapeake Appalachia, LLC, Pad ID: Kupetsky, ABR-201211010, Nicholson Township, Wyoming County, Pa.; Consumptive Use of Up to 7.500 mgd; Approval Date: November 28, 2012.

29. EXCO Resources (PA), LLC, Pad ID: COP Tract 727 (Pad 3), ABR-201211011, Gallagher Township, Clinton County, Pa.; Consumptive Use of Up to 8.000 mgd; Approval Date: November 28, 2012.

30. EXCO Resources (PA), LLC, Pad ID: Short Mountain Pad 1, ABR-201211012, Watson Township, Lycoming County, Pa.; Consumptive Use of Up to 8.000 mgd; Approval Date: November 28, 2012.

31. Southwestern Energy Production Company, Pad ID: SHELDON EAST PAD, ABR-201211013, Thompson Township, Susquehanna County, Pa.; Consumptive Use of Up to 4.999 mgd; Approval Date: November 30, 2012.

32. Southwestern Energy Production Company, Pad ID: LOKE PAD, ABR-201211014, New Milford Township, Susquehanna County, Pa.; Consumptive Use of Up to 4.999 mgd; Approval Date: November 30, 2012.

33. Southwestern Energy Production Company, Pad ID: HARRIS PAD, ABR-201211015, Harford Township, Susquehanna County, Pa.; Consumptive Use of Up to 4.999 mgd; Approval Date: November 30, 2012.

34. Cabot Oil & Gas Corporation, Pad ID: HordisC P1, ABR-201211016, Lathrop Township, Susquehanna County, Pa.; Consumptive Use of Up to 3.575 mgd; Approval Date: November 30, 2012.

35. Cabot Oil & Gas Corporation, Pad ID: LoffredoJ P1, ABR-201211017, Nicholson Township, Wyoming County, Pa.; Consumptive Use of Up to 3.575 mgd; Approval Date: November 30, 2012.

36. Chesapeake Appalachia, LLC, Pad ID: Amcor, ABR-201211018, Meshoppen Township, Wyoming County, Pa.; Consumptive Use of Up to 7.500 mgd; Approval Date: November 30, 2012.

37. Chesapeake Appalachia, LLC, Pad ID: Joequswa, ABR-201211019, Cherry Township, Sullivan County, Pa.; Consumptive Use of Up to 7.500 mgd; Approval Date: November 30, 2012.

AUTHORITY: Pub. L. 91-575, 84 Stat. 1509 et seq., 18 CFR Parts 806, 807, and 808.

Dated: December 31, 2012.

Stephanie L. Richardson

Secretary to the Commission.

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 Steven Rocklin, Codes Division, Department of State, One Commerce Plaza, 99 Washington Ave., Albany, NY 12231, (518) 474-4073 to make appropriate arrangements.

2012-0486 Matter of Miguel Weinstein, 6400 Jericho Tpke, Suite 104, Syosset, NY 11791 for an appeal and or variances concerning safety requirements, including the elevation of habitable floors and mechanical equipment above anticipated flood elevations.

Involved is the addition to an existing two family dwelling, located at 15 – 17 Mill Pond Road, Incorporated Village of Port Washington North, Nassau County, State of New York.

2012-0532 Matter of Micheal Jay Wallin, 49 E. Carver Street, Huntington, NY 11743 for an appeal and or variances concerning safety requirements, including the requirement for the installation of an automatic sprinkler system.

Involved is an existing dwelling, located at 25 The Loch, Incorporated Village of Roslyn Estates, Nassau County, State of New York.

2012-0543 Matter of Thompson Brothers Nursery c/o Dawn Tripple, 8850 Clarence Center Road, Clarence, NY 14032 for a variance concerning requirements for sprinklers, toilet facilities and fire barriers.

Involved is the construction of a one story, non-combustible addition to an exiting agricultural complex. The addition is approximately 11900 square feet, for mercantile occupancy, located 8850 Clarence Center Road, Town of Clarence, County of Erie, State of New York.

2012-0549 Matter of Byrncliff Resort and Conference Center, 2357 Humphrey Road, Varysburg, Wyoming County, New York 14167.The petitioner requests a variance concerning Sprinkler System requirement as required by part 903.2.1 of Title 19 - Uniform Fire Prevention and Building Code (Part 1221 Building Code). The property is located at 2357 Humphrey Road, Varysburg, Wyoming County, State of New York.

2012-0551 Matter of Eileen G. Schein524 Clubhouse Road, Woodmere, 11598 for an appeal and or variances concerning safety requirements, including the elevation of habitable floors above freeboard elevations.

Involved is a new one family dwelling, located at 524 – 528 Clubhouse Road, Town of Hempstead, Nassau County, State of New York.

2012-0554 Matter of The Neighborhood Center Inc., 622 Mary Street, City of Utica, NY for a variance related to wood on walls of interior exit stairways and the fire rating of the cellar ceiling in accordance with the New York State Multiple Residence Law.

Involved is an existing three story building located at 622 Mary Street, City of Utica, Oneida County, State of York.

2012-0555 Matter of Tonawanda High School, c/o Stephen Perry, 100 Hinds Street, Tonawanda, NY 14150 for a variance concerning requirements for minimum distances to be maintained between fire walls and roof openings.

Involved is the construction of an addition to an existing two story, non-combustible, building of Educational occupancy with approximate gross floor area of 264,000 square feet, located 100 Hinds street, City of Tonawanda, County of Erie, State of New York.