Pursuant to 42 CFR Section 447.205, the Department of Health hereby gives public notice of the following:

The Department of Health proposes to amend the Title XIX (Medicaid) State Plan for non-institutional services to comply with enacted statutory provisions. The following changes are proposed:

Long Term Care Services

The following is a clarification to the May 10, 2017 noticed provision which limits bed hold days to therapeutic leaves of absences. In addition, a per diem adjustment to reduce Medicaid payments to residential health care facilities other than those facilities or units within facilities that provide extensive nursing, medical, psychological and counseling support services solely to children. The decrease in gross Medicaid expenditures changed.

The estimated annual net aggregate decrease in gross Medicaid expenditures attributable to this initiative contained in the budget for state fiscal years 2018/2019 and 2019/2020 is now $33 million.

The public is invited to review and comment on this proposed State Plan Amendment, a copy of which will be available for public review on the Department’s website at http://www.health.ny.gov/regulations/state_plans/status. Individuals without Internet access may view the State Plan Amendments at any local (county) social services district.

For the New York City district, copies will be available at the following places:

New York County 250 Church Street New York, New York 10018

Queens County, Queens Center 3220 Northern Boulevard Long Island City, New York 11101

Kings County, Fulton Center 114 Willoughby Street Brooklyn, New York 11201

Bronx County, Tremont Center 1916 Monterey Avenue Bronx, New York 10457

Richmond County, Richmond Center 95 Central Avenue, St. George Staten Island, New York 10301

For further information and to review and comment, please contact: Department of Health, Division of Finance and Rate Setting, 99 Washington Ave., One Commerce Plaza, Suite 1432, Albany, NY 12210, [email protected]

Project: Canal Plaza

Location: North Chenango River Corridor BOA, City of Binghamton, Broome County

In accordance with General Municipal Law, Article 18 - C, Section 970-r, the Secretary of State designated the North Chenango River Corridor Brownfield Opportunity Area, in the City of Binghamton, on September 30, 2015. The designation of the North Chenango River Corridor Brownfield Opportunity Area was supported by a Nomination or a comprehensive planning tool that identifies strategies to revitalize the area which is affected by one or more known or suspected brownfield sites.

Pursuant to New York State Tax Law, Article 1, Section 21, the eligible taxpayer(s) of a project site located in a designated Brownfield Opportunity Area may apply for an increase in the allowable tangible property tax credit component of the brownfield redevelopment tax credit if the Secretary of State determines that the project conforms to the goals and priorities established in the Nomination for a designated Brownfield Opportunity Area.

On January 4th, 2019, Binghamton Northside Limited Partnership submitted a request for the Secretary of State to determine whether the Canal Plaza mixed-use development, which will be located within the designated North Chenango River Corridor Brownfield Opportunity Area, conforms to the goals and priorities identified in the Nomination that was prepared for the designated North Chenango River Corridor Brownfield Opportunity Area.

The public is permitted and encouraged to review and provide comments on the request for conformance. For this purpose, the full application for a conformance determination is available online at: https://www.dos.ny.gov/opd/programs/pdfs/BOA/BOA Conformance App_CanalPlaza.pdf

Comments must be submitted no later than March 22, 2019, either by mail to: Julie Sweet, Department of State, Office of Planning and Development, 44 Hawley St., Rm. 1507, Binghamton, NY 13901 or by email to: [email protected]

Project: Harbor View Square

Location: Oswego Canal Corridor Brownfield Opportunity Area, City of Oswego, Oswego County

In accordance with General Municipal Law, Article 18 - C, Section 970-r, the Secretary of State designated the Oswego Canal Corridor Brownfield Opportunity Area, in the City of Oswego, on September 30, 2015. The designation of the Oswego Canal Corridor Brownfield Opportunity Area was supported by a Nomination or a comprehensive planning tool that identifies strategies to revitalize the area which is affected by one or more known or suspected brownfield sites.

Pursuant to New York State Tax Law, Article 1, Section 21, the eligible taxpayer(s) of a project site located in a designated Brownfield Opportunity Area may apply for an increase in the allowable tangible property tax credit component of the brownfield redevelopment tax credit if the Secretary of State determines that the project conforms to the goals and priorities established in the Nomination for a designated Brownfield Opportunity Area.

On December 17th, 2018, Harbor View Square, LLC submitted a request for the Secretary of State to determine whether the Harbor View Square mixed-use development, which will be located within the designated Oswego Canal Corridor Brownfield Opportunity Area, conforms to the goals and priorities identified in the Nomination that was prepared for the designated Oswego Canal Corridor Brownfield Opportunity Area.

The public is permitted and encouraged to review and provide comments on the request for conformance. For this purpose, the full application for a conformance determination is available online at: https://www.dos.ny.gov/opd/programs/pdfs/BOA/BOA ConformanceApp_ HarborViewSquare.pdf

Comments must be submitted no later than March 22, 2019, either by mail to: Julie Sweet, Department of State, Office of Planning and Development, 44 Hawley St., Rm. 1507, Binghamton, NY 13901 or by email to: [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.

In F-2018-1260, Brian Tomer, is proposing to place armor stone and rip rap along ~60 linear feet of Sodus Bay shoreline as well as to install a 6′x40′ steel, pile supported dock. The work is proposed for the applicant’s property at 6646 Ann Lee Drive in the Town of Huron, Wayne County.

The applicant’s consistency certification and supporting information are available for review at: http://www.dos.ny.gov/opd/programs/ pdfs/Consistency/F-2018-1060ForPN.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., 30 days from the date of publication of this notice, or, March 22, 2019.

Comments should be addressed to the 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.

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 http://www.dos.ny.gov/opd/programs/pdfs/Consistency/F- 2018-1074MarvinDock

In F-2018-1074, or the “Marvin Residential Dock”, the applicant – John Marvin – proposes to construct a dock consisting of a 4′x40′ gangway leading to an 8′x30′ floating dock. The float will be anchored by two 4′x4′ concrete deadmen anchors and anchor chains. The purpose of the proposed project is to provide the homeowner with safe access to the water for recreational purposes. The project is located at 210 Riverside Drive in the Town of Saugerties, Ulster County on the Hudson River.

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, March 22, 2018.

Comments should be addressed to the 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.

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 http://www.dos.ny.gov/opd/programs/pdfs/Consistency/F- 2018-1077BerlandDock

In F-2018-1077, or the “Berland Residential Dock”, the applicant – Todd Berland – proposes to construct a dock consisting of a 4′x24′ ramp leading to an 8′x30′ float, two jet ski lifts and a 8′x8′ seasonal swim float. The float will be anchored by concrete anchors and anchor chains. The purpose of the proposed project is to “enhance recreational mooring at private residence”. The project is located at 22 Hudson River Lane in the Town of Garrison, Putnam County on the Hudson River.

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, March 22, 2018.

Comments should be addressed to the 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.

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 activities comply with and will be conducted in a manner consistent to the maximum extent practicable 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-2018-1229, the applicant, Team C99A, LLC, is seeking authorizations to construct a 57′ long by 4′ wide (228 sq. feet) fixed timber dock or catwalk consisting of a 4′ x 8′ landward ramp leading to a 4′ x 39′ fixed elevated catwalk (constructed with open-grate decking); a 3' x 14' hinged ramp; and a 6′ x 20′ "L"-shaped float secured by four (4) 8″-diameter pilings (equipped with chocks to support float). The project is proposed at the shoreline of a private residence on the Goose Creek at 980 Oak Road, Town of Southold, County of Suffolk, NY.

The proposed activities would be undertaken within the Town of Southold Local Waterfront Revitalization Program (LWRP) planning area. As the LWRP is a component of the NYSCMP, activities under federal permitting authority are also subject to review for their consistency with the local program and its specific provisions and policies. More information regarding the LWRP and its policies may be found at: https://docs.dos.ny.gov/opd-lwrp/LWRP/Southold_T/Index.html

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. Or at the following hyperlink https://www.dos.ny.gov/opd/programs/pdfs/Consistency/F- 2018-1229_Application.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., 15 days from the date of publication of this notice or March 7, 2019.

Comments should be addressed to the 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, Fax (518) 473-2464. Comments can also be submitted electronically via e-mail to: [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.

In F-2018-1231, David Dezutter, is proposing to reface ~60 linear feet of existing wooden breakwall within 12″ with steel sheet pile. The project also includes the placement of toe stone waterward of the newly installed breakwall. The work is proposed for the applicant’s property at 8087 Martin Road in the Town of Wolcott, Wayne County on Port Bay.

The applicant’s consistency certification and supporting information are available for review at: http://www.dos.ny.gov/opd/programs/ pdfs/Consistency/F-2018-1231ForPN.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., 30 days from the date of publication of this notice, or, March 22, 2019.

Comments should be addressed to the 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.

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 activities comply with and will be conducted in a manner consistent to the maximum extent practicable 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-2018-1233, the applicant, Bronx Point Owner, LLC, is seeking authorizations for bank stabilization and installation of outfalls and drainage to support a proposed upland mixed use development in the South Bronx. The site is presently a vacant, paved lot which is used as a temporary storage site and occasional special events. The property is located at 65 East 149th Street, Bronx, County of Bronx, NY. The development site is bounded by the Mill Cove and Mill Pond Park to the north, Exterior Street and the Major Deegan Expressway to the east, 149th Street and the 145th Street Bridge to the south, and the Harlem River to the west.

The owners intend to remove rubble and a low-level relieving platform, perform shoreline stabilization work including creation of approximately 417 cubic yards (net cut) of new waterway below mean higher high water, and construction of a new stormwater outfall. The rubble embankment and the low level relieving platform will be replaced with a planted rip rap revetment. Cuts along the northern shoreline will be undertaken to offset fills along the southern shoreline. The siting of the planned mixed-use building and design of the upland development are incorporating public access and connection along the waterfront though the property from the Mill Pond Park paths existing to the north.

The proposed activities would be undertaken within the New York City Waterfront Revitalization Program (WRP) planning area. As the WRP is a component of the NYSCMP, activities under federal permitting authority are also subject to review for their consistency with the local program and its specific provisions and policies. More information regarding the WRP and its policies may be found at: https://docs.dos.ny.gov/opd-lwrp/LWRP/New%20York%20City/Index Amd2.html

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. Or at the following hyperlink https://www.dos.ny.gov/opd/programs/pdfs/Consistency/F- 2018-1233_Application.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., 15 days from the date of publication of this notice or March 7, 2019.

Comments should be addressed to the 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, Fax (518) 473-2464. Comments can also be submitted electronically via e-mail to: [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 activities comply with and will be conducted in a manner consistent to the maximum extent practicable 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-2018-1272, the applicant, New York City Department of Parks and Recreation (NYC DPR), is seeking authorizations to stabilize and plant a portion of the Harlem River shoreline at Swindlers Cove – Sherman Creek Park. The approximate project location is 3725 Tenth Avenue – Harlem River at Harlem River Drive and Tenth Avenue and Dyckman Street, Manhattan, County of New York, NY.

The project includes installation of an artificial oyster reef (commercially known as “oyster castles”) occupying 1,110 square feet above mean low water. Additionally, the project entails the planting of low marsh grasses as natural fiber marsh mats over 3,480 square feet in the intertidal zone, and planting of high marsh vegetation in marsh mats over 1,080 square feet below mean higher high water, atop a 6-inch sand lift retained by coir logs and and salt-adapted shrubs above the mean high water line.

Oyster castles are intended to attenuate wave energy and prevent scouring of the existing shoreline and mudflats. The dual project objectives are to mitigate erosion and to establish tidal wetland and mollusk communities to increase ecological value and biodiversity. The applicant agency is requesting authorization under a United States Army Corps of Engineers nationwide permit number 54 – Living Shorelines.

The proposed activities would be undertaken within the New York City Waterfront Revitalization Program (WRP) planning area. As the WRP is a component of the NYSCMP, activities under federal permitting authority are also subject to review for their consistency with the local program and its specific provisions and policies. More information regarding the WRP and its policies may be found at: https://docs.dos.ny.gov/opd-lwrp/LWRP/New%20York%20City/Index Amd2.html

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. Or at the following hyperlink https://www.dos.ny.gov/opd/programs/pdfs/Consistency/F- 2018-1272_Application.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., 15 days from the date of publication of this notice or March 7, 2019.

Comments should be addressed to the 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; Fax (518) 473-2464. Comments can also be submitted electronically via e-mail to: [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.

In F-2018-1320, River House Sleepy Hollow Restaurant LLC, is seeking Coastal Zone Management Concurrence from the New York State Department of State as a condition of a Department of The Army Permit for the applicant to maintain as constructed improvements to an existing wooden pier, including a 44-feet long by 10-feet wide floating dock, a 20-feet long by 8.5-feet wide floating dock, a 30-feet long by 5.5 feet wide gangway extending to the larger floating dock, three timber piles and four steel piles at 11 River Street, Village of Sleepy Hollow, Westchester County.

The applicant’s consistency certification and supporting information are available for review at: http://www.dos.ny.gov/opd/programs/ pdfs/Consistency/F-2018-1320ForPN.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 the above proposed activity 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, March 22, 2019.

Comments should be addressed to the 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.

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-2018-1329 or the “John Grace timber pier replacement, the applicant- Cove Neck Nominee Trust, is proposing the repair /reconstruction of 12” piles of an existing timber pier and additional piers to retain a floating dock. The project is located at 49 Cove Neck Road in the Town of Oyster Bay, Nassau County on the 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-2018-1329JohnGraceApplication.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., 30 days from the date of publication of this notice, or, March 22, 2019.

Comments should be addressed to the 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.

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-2018-1348 or the “North Sea Beach Colony ECD” Beach Nourishment, the applicant- Town of Southampton, is proposing beach restoration utilizing approximately 15,000 cubic yards of sand and cobble from an upland stockpile. The restoration project will use a hydraulic delivery mechanism like dredging. The project is located at the end of North Sea Road in the Town of Southampton, Suffolk County on the Little Peconic Bay.

The applicant’s consistency certification and supporting information are available for review at: http://www.dos.ny.gov/opd/programs/ pdfs/Consistency/TownofSouthamptonApplication.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., 30 days from the date of publication of this notice, or, March 22, 2019.

Comments should be addressed to the 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.

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-2019-0030 or the “JMTM Associates- Oakdale Yacht Club, the applicant Thomas & Margaret Crowley, is proposing the marina expansion with a net of 39 new boat slips including the extension of existing pile-supported main & finger piers, travelift facility, floating docks, anchor and navigational piles and establishment of a reconfiguration perimeter. The project is located at 520 Shore Drive in the Town of Islip, Suffolk County on the Nicoll Bay.

The applicant’s consistency certification and supporting information are available for review at: http://www.dos.ny.gov/opd/programs/ pdfs/Consistency/F-2019-0030JMTMAssociates-Oakdale Yacht Club

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, March 22, 2019.

Comments should be addressed to the 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.

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-2019-0039 or the “Habitat Restoration Spicer Creek Wildlife Management Area”, the applicant NYS Department of Environmental Conservation, is proposing an in-water breakwater system and planting native vegetation. The project is located at East River Road in the Town of Grand Island, Erie County on the Niagara River.

The applicant’s consistency certification and supporting information are available for review at: http://www.dos.ny.gov/opd/programs/ pdfs/Consistency/F-2019-0039NYSDECSpicerCreekHabitat RestorationApplication.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., 30 days from the date of publication of this notice, or, March 22, 2019.

Comments should be addressed to the 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.

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.

2019-0068 Matter of Nestle Purina located at 3800 Middle Road, Town of Dunkirk, County of Chautauqua, NY, for a variance concerning Elevator Requirements (Board Variance).

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.

2019-0080 Matter of New York Rehabilitative Services, 212-218 Scranton Avenue, Valley Stream, NY 11580 for a variance concerning plumbing requirements, including the requirement for water coolers. Involved is a building located at 212-218 Scranton Avenue, Valley Stream, NY 11580, County of Nassau, State of New York.

2019-0086 Matter of Fiore Architecture, Brian Fiore, 208 N. Wisconsin Avenue, Massapequa, NY 11758, for a variance concerning safety requirements, including the required ceiling height and height under a girder/soffit. Involved is existing single family dwelling, located at One Weinmann Blvd., Melville, NY 11758 County of Suffolk, State of New York.

2019-0090 Matter of Brookhaven Expeditors, Andrew Malguarnera, 713 Main Street, Port Jefferson, NY 11777, for a variance concerning safety requirements, including the required ceiling height and height under a girder/soffit. Involved is existing single family dwelling located at 32 Carston Street, Centereach, NY 11720 County of Suffolk, State of New York.

2019-0091 Matter of Brookhaven Expeditors, Andrew Malguarnera, 713 Main Street, Port Jefferson, NY 11777, for a variance concerning safety requirements, including the required ceiling height and height under a girder/soffit. Involved is existing single family dwelling located at 24 Saxon Road, Centereach, NY 11720 County of Suffolk, State of New York.

2019-0095 Matter of Suffolk Real Estate Solutions Inc, Michael Mendicino, 20 Beechwood Drive, Manorville, NY 11949, for a variance concerning safety requirements, including height under a girder/soffit. Involved is existing single family dwelling located at 91 Applegate Drive; Town of Islip, NY 11722 County of Suffolk, State of New York.

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.

2019-0083 In the matter of West Shore Apartments, LLC. Robert Terry, 107 Worth Street, Ithaca, NY concerning safety requirements including a variance for reduction in required height of existing handrails and guardrails.

Involved is the certificate of compliance inspection of an existing residential occupancy, three stories in height, located at 200 Highland Avenue, City of Ithaca, County of Tompkins, New York.

2019-0084 In the matter of Schmitt Real Estate, 302 East Upland Road, Ithaca, NY 14850 concerning safety requirements including a variance for reduction in required height of existing exterior porch and interior handrails and guardrails.

Involved is the certificate of compliance inspection of an existing residential occupancy, two stories in height, located at 207 Auburn Street, City of Ithaca, County of Tompkins, New York.

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.

2019-0093 In the matter of AJH Design, David Adams, 111 East 14th Street, Elmira, NY 14903, for TBD HD LLC concerning safety requirements including a variance to omit a fire sprinkler system.

Involved is the construction of a new high hazard industrial occupancy located at 288 Corporate Drive, Town of Owego, County of Tioga, New York.

2019-0094 In the matter of Glenn Snyder 126 Seven Mile Drive, Ithaca, NY for Margaret Liguori concerning safety requirements including a variance for reduction in required height of existing handrails and guardrails.

Involved is the certificate of compliance inspection of an existing residential occupancy, three stories in height, located at 110 Cook Street, City of Ithaca, County of Tompkins, New York.

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.

2019-0098 In the matter of Brian Grout, P.O. Box 3927, Ithaca, NY concerning safety requirements including a variance for reduction in required height of existing interior handrails and guardrails.

Involved is the certificate of compliance inspection of an existing residential occupancy, two stories in height, located at 427 North Geneva Street, City of Ithaca, County of Tompkins, New York.

2019-0101 In the matter of Synthesis Architects, LLP. James Graham AIA, 162 Jay Street, Schenectady, NY 12305 for Little Falls City School District, for a variance concerning building and safety requirements including requirements to allow a building area to exceed the allowable building area and to omit a sprinkler system through-out the existing building.

Involved is the addition to an existing two story educational occupancy, known as “Little Falls Middle/High School”. located at One High School Road, Town of Little Falls, County of Herkimer, New York.

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.

2019-0099 Matter of University of Rochester located at 120 Trustee Road, City of Rochester (Monroe County), NY, for a variance concerning Pedestrian walkway design requirements. (Board Variance).

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.

2019-0100 Matter of Chris Jakupcza residence located at 117 Hamburg Street, Village of East Aurora (Erie County), NY, for a variance concerning fire separation of occupancies. (Routine Variance).

Grandfathering (GF) Registration Notice

SUMMARY: This notice lists Grandfathering Registration for projects, described below, pursuant to 18 CFR § 806, Subpart E by the Susquehanna River Basin Commission during the period set forth in “DATES.”

DATES: December 1-31, 2018.

ADDRESSES: Susquehanna River Basin Commission, 4423 North Front Street, Harrisburg, PA 17110-1788.

FOR FURTHER INFORMATION CONTACT: Jason E. Oyler, General Counsel, telephone: (717) 238-0423, ext. 1312; fax: (717) 238-2436; e-mail: [email protected]. Regular mail inquiries may be sent to the above address.

SUPPLEMENTARY INFORMATION: This notice lists GF Registration for projects, described below, pursuant to 18 CFR § 806, Subpart E for the time period specified above:

Grandfathering Registration Under 18 CFR § 806, Subpart E

1. Pennsylvania Department of Corrections – State Correctional Institute at Rockview, GF Certificate No.201812001, Benner Township, Centre County, Pa.; Benner Spring, McBride Gap Reservoir, and consumptive use; Issue Date: December 5, 2018.

2. Town of Corning Water Department – East Corning Water District, GF Certificate No.201812002, Town of Corning, Steuben County, N.Y.; Corning Manor Well 1 and Gibson Well; Issue Date: December 5, 2018.

3. Corning Country Club, GF Certificate No.201812003, Town of Corning, Steuben County, N.Y.; Well 1, Well 2, and consumptive use; Issue Date: December 5, 2018.

4. Milton Hershey School, GF Certificate No. 201812004, Derry Township, Dauphin County, Pa.; Well 2; Issue Date: December 6, 2018.

5. Messiah College, GF Certificate No. 201812005, Upper Allen Township, Cumberland County, and Monaghan Township, York County, Pa.; Yellow Breeches Creek; Issue Date: December 6, 2018.

6. Motts LLP, GF Certificate No. 201812006, Menallen Township, Adams County, Pa., Well 4 and Well 6; Issue Date: December 6, 2018.

7. Elmira Country Club, GF Certificate No. 201812007, Town of Elmira, Chemung County, N.Y., consumptive use; Issue Date: December 6, 2018.

8. Village of Sherburne, GF Certificate No. 201812008, Village of Sherburne, Chenango County, N.Y., Well 2; Issue Date: December 6, 2018.

9. Fox Hill Country Club, GF Certificate No. 201812009, Exeter Borough, Luzerne County, Pa., Halfway House Well; Issue Date: December 7, 2018.

10. Norwich Pharmaceuticals, Inc. – Norwich Facility, GF Certificate No. 201812010, Town of North Norwich, Chenango County, N.Y., Well 1 and Well 2; Issue Date: December 7, 2018.

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

Dated: February 1, 2019.

Jason E. Oyler,

Acting Secretary to the Commission.

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: December 1-31, 2018.

ADDRESSES: Susquehanna River Basin Commission, 4423 North Front Street, Harrisburg, PA 17110-1788.

FOR FURTHER INFORMATION CONTACT: Jason E. Oyler, General Counsel, telephone: (717) 238-0423, ext. 1312; 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 § 806.22 (f) for the time period specified above:

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

1. The Hershey Company; ABR-201812001; Hazle Township, Luzerne County, Pa.; Consumptive Use of Up to 0.051 mgd; Approval Date: December 6, 2018.

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

1. XPR Resources, LLC; Pad ID: Alder Run Land LP 1H, ABR-201812002; Cooper Township, Clearfield County, Pa.; Consumptive Use of Up to 0.9990 mgd; Approval Date: December 14, 2018.

2. XPR Resources, LLC; Pad ID: Alder Run Land 3H, ABR-201812003; Cooper Township, Clearfield County, Pa.; Consumptive Use of Up to 0.9990 mgd; Approval Date: December 14, 2018.

3. SWN Production Company, LLC; Pad ID: NR-14-BRANT-PAD, ABR-201312001.R1; Great Bend Township, Susquehanna County, Pa.; Consumptive Use of Up to 4.9990 mgd; Approval Date: December 17, 2018.

4. SWN Production Company, LLC; Pad ID: NR-11-DAYTON-PAD, ABR-201312002.R1; Great Bend Township, Susquehanna County, Pa.; and Town of Windsor, Broome County, NY; Consumptive Use of Up to 4.9990 mgd; Approval Date: December 17, 2018.

5. SWN Production Company, LLC; Pad ID: RU-40-BREESE-PAD; ABR-201312003.R1; New Milford Township, Susquehanna County, Pa.; Consumptive Use of Up to 4.9990 mgd; Approval Date: December 17, 2018.

6. ARD Operating, LLC; Pad ID: Kurt Haufler Pad A, ABR-201312005.R1; Cogan House Township, Lycoming County, Pa.; Consumptive Use of Up to 4.0000 mgd; Approval Date: December 27, 2018.

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

Dated: February 1, 2019.

Jason E. Oyler,

Acting Secretary to the Commission.

Projects Approved for Minor Modifications

SUMMARY: This notice lists the minor modifications approved for a previously approved project by the Susquehanna River Basin Commission during the period set forth in “DATES.”

DATES: December 1-31, 2018.

ADDRESSES: Susquehanna River Basin Commission, 4423 North Front Street, Harrisburg, PA 17110-1788.

FOR FURTHER INFORMATION CONTACT: Jason E. Oyler, General Counsel, telephone: (717) 238-0423, ext. 1312; fax: (717) 238-2436; e-mail: [email protected]. Regular mail inquiries may be sent to the above address.

SUPPLEMENTARY INFORMATION: This notice lists previously approved projects, receiving approval of minor modifications, described below, pursuant to 18 CFR § 806.18 for the time period specified above:

Minor Modifications Issued Under 18 CFR § 806.18

1. Golf Enterprises, Inc. d.b.a. Valley Green Golf Course, Docket No. 20021019-2, Newberry Township, York County, Pa.; approval to add SUEZ Water Pennsylvania Inc. – Newberry System public water supply as a source of water for consumptive use; Approval Date: December 20, 2018.

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

Dated: February 1, 2019.

Jason E. Oyler,

Acting Secretary to the Commission.

The Commissioner of Taxation and Finance hereby sets the interest rates for the months of April, May, June 2019 pursuant to sections 697(j) and 1096(e) of the Tax Law, as follows:

For purposes of section 697(j) the overpayment rate of interest is set at 5 percent per annum, and the underpayment rate of interest is set at 8.5 percent per annum. For purposes of section 1096(e), the overpayment rate of interest is set at 5 percent per annum, and the underpayment rate of interest is set at 10 percent per annum. (The underpayment rates set pursuant to sections 697(j) and 1096(e) may not be less than 7.5 percent per annum.) Pursuant to section 1145(a)(1) of the Tax Law, the underpayment rate for State and local sales and use taxes administered by the Commissioner of Taxation and Finance is 14.5 percent per annum. The underpayment rate for the special assessments on hazardous waste imposed by section 27-0923 of the Environmental Conservation Law is 15 percent.

For the interest rates applicable to overpayments (refunds) and underpayments (late payments and assessments) of the following taxes administered by the Commissioner of Taxation and Finance for the period April 1, 2019 through June 30, 2019, see the table below:

4/1/19 - 6/30/19 Interest Rate Per Annum Compounded Daily

* The Tax Law requires the interest rate on sales tax assessments or late payments to be set at 14-1/2% for this quarter. However, if the Commissioner determines that the failure to pay or the delay in payment is due to reasonable cause and not willful neglect, the Commissioner may impose interest at the corporation tax late payment and assessment rate. That rate is 10% for this quarter.

** There are a number of state and local governmental bodies that have interest rates tied to the overpayment and underpayment rates contained in either section 697(j) (Income Tax) or section 1096(e) (Corporation Tax) of the Tax Law. For purposes of section 697(j) and section 1096(e) of the Tax Law, the overpayment rate for this period is 5%. For purposes of section 697(j) of the Tax Law, the underpayment rate for this period is 8.5%. For purposes of section 1096(e) of the Tax Law, the underpayment rate for this period is 10%.

*** Under section 527(f) of the Tax Law, the interest rates relating to the Fuel Use tax are set pursuant to the International Fuel Tax Agreement (IFTA). For more information regarding IFTA interest rates, see www.iftach.org.

For further information contact: Kathleen Chase, Office of Counsel, Department of Taxation and Finance, W.A. Harriman Campus, Albany, NY 12227, (518) 530-4153

For rates for previous periods, visit the Department of Taxation and Finance website: www.tax.ny.gov/taxnews/int_curr.htm