1/30/13 N.Y. St. Reg. Miscellaneous Notices/Hearings

NY-ADR

1/30/13 N.Y. St. Reg. Miscellaneous Notices/Hearings
NEW YORK STATE REGISTER
VOLUME XXXV, ISSUE 5
January 30, 2013
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.
NOTICE OF PUBLIC HEARING
Susquehanna River Basin Commission
SUMMARY: The Susquehanna River Basin Commission will hold a public hearing on February 14, 2013, in Harrisburg, Pennsylvania. At this public hearing, the Commission will hear testimony on the projects listed in the Supplementary Information section of this notice. Such projects are intended to be scheduled for Commission action at its next business meeting, tentatively scheduled for March 21, 2013, which will be noticed separately. The public should take note that this public hearing will be the only opportunity to offer oral comment to the Commission for the listed projects. The deadline for the submission of written comments is February 25, 2013.
DATES: The public hearing will convene on February 14, 2013, at 1:00 p.m. The public hearing will end at 2:45 p.m. or at the conclusion of public testimony, whichever is sooner. The deadline for the submission of written comments is February 25, 2013.
ADDRESS: The public hearing will be conducted at the Pennsylvania State Capitol, Room 8E-B, East Wing, Commonwealth Avenue, Harrisburg, Pa.
FOR FURTHER INFORMATION CONTACT: Richard A. Cairo, General Counsel, telephone: (717) 238-0423, ext. 306; fax: (717) 238-2436.
Information concerning the applications for these projects is available at the SRBC Water Resource Portal at www.srbc.net/wrp. Materials and supporting documents are available to inspect and copy in accordance with the Commission’s Access to Records Policy at www.srbc.net/pubinfo/docs/2009-02%20Access%20to%20Records%20Policy%209-10-09.PDF.
Opportunity to Appear and Comment:
Interested parties may appear at the hearing to offer comments to the Commission on any project listed below. The presiding officer reserves the right to limit oral statements in the interest of time and to otherwise control the course of the hearing. Ground rules will be posted on the Commission’s web site, www.srbc.net, prior to the hearing for review. The presiding officer reserves the right to modify or supplement such rules at the hearing. Written comments on any project listed below may also be mailed to Mr. Richard Cairo, General Counsel, Susquehanna River Basin Commission, 1721 North Front Street, Harrisburg, Pa. 17102-2391, or submitted electronically through http://www.srbc.net/pubinfo/publicparticipation.htm. Comments mailed or electronically submitted must be received by the Commission on or before February 25, 2013, to be considered.
SUPPLEMENTARY INFORMATION: The public hearing will cover the following projects:
Projects Scheduled for Rescission Action:
1. Project Sponsor: AES Westover, LLC. Project Facility: AES Westover Generating Station, Town of Union and Village of Johnson City, Broome County, N.Y. (Docket No. 20070902).
2. Project Sponsor and Facility: Clark Trucking, LLC Northeast Division (Lycoming Creek), Lewis Township, Lycoming County, Pa. (Docket No. 20111207).
3. Project Sponsor and Facility: Southwestern Energy Production Company (Tuscarora Creek), Tuscarora Township, Bradford County, Pa. (Docket No. 20110313).
4. Project Sponsor and Facility: EQT Production Company (Frano Freshwater Impoundment), Washington Township, Jefferson County, Pa. (Docket No. 20110913).
Projects Scheduled for Action:
1. Project Sponsor and Facility: Anadarko E&P Company LP (West Branch Susquehanna River), Nippenose Township, Lycoming County, Pa. Application for renewal of surface water withdrawal of up to 0.720 mgd (peak day) (Docket No. 20090307).
2. 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).
3. Project Sponsor and Facility: Caernarvon Township Authority, Caernarvon Township, Berks County, Pa. Application for renewal of groundwater withdrawal of up to 0.080 mgd (30-day average) from Well 6 (Docket No. 19820912).
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: 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.
10. 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).
11. Project Sponsor and Facility: Hydro Recovery-Antrim LP, Duncan Township, Tioga County, Pa. Application for consumptive water use of up to 1.872 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).
14. Project Sponsor: Perdue Grain and Oilseed, LLC. Project Facility: Perdue Soybean Crush Plant, Conoy Township, Lancaster County, Pa. Application for consumptive water use of up to 0.300 mgd (peak day).
15. Project Sponsor: Perdue Grain and Oilseed, LLC. Project Facility: Perdue Soybean Crush Plant, Conoy Township, Lancaster County, Pa. Application for groundwater withdrawal of up to 0.028 mgd (30-day average) from Well AP-2.
16. Project Sponsor: R.R. Donnelley & Sons Company. Project Facility: West Plant, City of Lancaster, Lancaster County, Pa. Modification to increase consumptive water use by an additional 0.019 mgd (peak day), for a total of 0.099 mgd (peak day) (Docket No. 19910702).
17. Project Sponsor and Facility: Talisman Energy USA Inc. (Sugar Creek), West Burlington Township, Bradford County, Pa. Application for renewal of surface water withdrawal of up to 2.000 mgd (peak day) (Docket No. 20090327).
18. Project Sponsor and Facility: Talisman Energy USA Inc. (Towanda Creek – Franklin Township Volunteer Fire Department), Franklin Township, Bradford County, Pa. Application for renewal of surface water withdrawal of up to 2.000 mgd (peak day) (Docket No. 20081210).
19. Project Sponsor and Facility: Titanium Metals Corporation (TIMET), Caernarvon Township, Berks County, Pa. Modification to increase consumptive water use by an additional 0.044 mgd (peak day), for a total of 0.177 mgd (peak day) (Docket No. 20080616).
20. Project Sponsor and Facility: Ultra Resources, Inc. (Cowanesque River), Deerfield Township, Tioga County, Pa. Application for renewal of surface water withdrawal of up to 0.217 mgd (peak day) (Docket No. 20081229).
21. Project Sponsor and Facility: Ultra Resources, Inc. (Pine Creek), Pike Township, Potter County, Pa. Application for renewal of surface water withdrawal of up to 0.936 mgd (peak day) (Docket No. 20090332).
22. Project Sponsor and Facility: WPX Energy Appalachia, LLC (Susquehanna River), Great Bend Township, Susquehanna County, Pa. Application for renewal of surface water withdrawal of up to 1.000 mgd (peak day) (Docket No. 20090303).
AUTHORITY: Public Law 91-575, 84 Stat. 1509 et seq., 18 CFR Parts 806-808.
Dated: January 15, 2013.
Thomas W. Beauduy
Deputy Executive Director.
PUBLIC NOTICE
Division of Criminal Justice Services New York State Juvenile Justice Advisory Group
Pursuant to Public Officer Law § 104, the Division of Criminal Justice Services gives notice of a meeting of the New York State Juvenile Justice Advisory Group:
Date:February 8, 2013
Time:11:00 a.m. - 2:30 p.m.
Place:New York State Executive Chamber 633 Third Ave. 37th Fl. Board Rm.
Video Conference with:
Division of Criminal Justice Services 80 S. Swan St., 1st Fl. Albany, NY 12210
For further information contact: Schellie Tedesco, Secretary to Jacquelyn Greene, Esq., Juvenile Justice Policy and Program Unit, Division of Criminal Justice Services, 80 S. Swan St. - 10th Fl., Albany, NY 12210, (518) 457-3670, Fax (518) 485-0909, e-mail: [email protected]
PUBLIC NOTICE
Department of Civil Service
PURSUANT to the Open Meetings Law, the New York State Civil Service Commission hereby gives public notice of the following:
Please take notice that the regular monthly meeting of the State Civil Service Commission for February 2013 will be conducted on February 12 and February 13 commencing at 10:00 a.m. This meeting will be conducted at New York Network, Suite 146, South Concourse, Empire State Plaza, Albany, NY. Directions and parking information available at (www.nyn.suny.edu).
For further information, contact: Office of Commission Operations, Department of Civil Service, Empire State Plaza, Agency Bldg. 1, Albany, NY 12239, (518) 473-6598
PUBLIC NOTICE
Education Department
In accordance with the standing of the Board of Regents and the Commissioner of Education as the nationally recognized accrediting agency for purposes of Title IV and other Federal funds for The New York College of Health Professions located in Long Island and the New Community College at the City University of New York located in New York City, the State Education Department hereby gives notice that the Board of Regents has taken the following action:
• On December 11, 2012, renew the accreditation of New York College of Health Professions with conditions for a period of two (2) years, including reports to the New York State Education Department addressing all issues of compliance with Regents’ standards for accreditation and demonstrating improved student performance outcomes on all professional licensure examinations. The schedule for such reports shall be established by the State Education Department.
• On December 11, 2012, granted initial accredit the New Community College at CUNY for a period of five years with an interim report due at the end of three years.
PUBLIC NOTICE
Department of Health
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 Early Intervention services to comply with enacted statutory provisions. The following changes are proposed:
Non-Institutional Services
The following is a clarification to the March 30, 2011 noticed provision for the two percent Across the Board payment reduction for Medicaid services. Effective on and after February 1, 2013, the Early Intervention services are exempt from the reduction.
The estimated annual net aggregate increase in gross Medicaid expenditures attributable to this initiative contained in the budget for state fiscal year 2012/2013 is $497,717.
The public is invited to review and comment on this proposed State Plan Amendment. Copies of which will be available for public review on the Department’s website at http://www.health.ny.gov/regulations/state_plans/status.
Copies of the proposed State Plan Amendments will be on file in each local (county) social services district and available for public review.
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
The public is invited to review and comment on this proposed State Plan Amendment.
For further information and to review and comment, please contact: Department of Health, Bureau of HCRA Operations & Financial Analysis, 99 Washington Ave. – One Commerce Plaza, Suite 810, Albany, NY 12210, (518) 474-1673, (518) 473-8825 (FAX), or e-mail: [email protected]
PUBLIC NOTICE
Department of Health
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:
Non-Institutional Services
• Effective for the period February 1, 2013 through March 31, 2013; and April 1, 2013 through March 31, 2014, and annually thereafter, upon the election of the social services district in which an eligible diagnostic and treatment center (DTC) is physically located, up to $12.6 million in additional annual Medicaid payments may be paid to public DTCs operated by the New York City Health and Hospitals Corporation. Such payments will be based on each DTC’s proportionate share of the sum of all clinic visits for all facilities eligible for an adjustment for the base year two years prior to the rate year. The proportionate share payments may be added to rates of payment or made as aggregate payments to eligible DTCs.
­ The social services district in which an eligible public DTC is physically located shall be responsible for any payment increases for such public DTC services provided regardless of whether another social services district or the Department of Health may otherwise be responsible for furnishing medical assistance to eligible persons receiving such services.
­ Any payment increases for DTC services shall be effective for purposes of determining payments for public DTCs contingent on receipt of all approvals required by federal law or regulations for federal financial participation. If federal approvals are not granted for payment increases for DTC services, payments to eligible public DTCs shall be determined without consideration of such amounts or such components. In the event of federal disapproval, public DTCs shall refund to the State, or the State may recoup from prospective payments, any payment received, including those based on a retroactive reduction in the payments. Any reduction related to federal upper payment limits shall be deemed to apply first to these payments.
­ Reimbursement by the State for payments made for services provided by public DTCs shall be limited to the amount of federal funds properly received or to be received on account of such expenditures. Further, payments shall be excluded from all calculations determining the amount the Department of Health is obligated to reimburse social services districts for medical assistance for needy persons and the administration thereof.
• Effective for the periods February 12, 2013 through March 31, 2013; April 1, 2013 through March 31, 2014, and annually thereafter, up to $5.4 million in additional annual Medicaid payments may be paid to county operated free-standing clinics, not including facilities operated by the New York City Health and Hospitals Corporation, for services provided by such DTC and those provided by a county operated freestanding mental health or substance abuse DTC. Distributions shall be based on each eligible facility’s proportionate share of the sum of all DTC and clinic visits for all eligible facilities receiving payments for the base year two years prior to the rate year. The proportionate share payments may be added to rates of payment or made as aggregate payments to eligible facilities.
­ Local social services districts may decline increased payments to their sponsored DTCs and free-standing clinics, provided they provide written notification to the Commissioner of Health, within 30 days following receipt of notification of a payment.
­ The social services district in which an eligible public DTC is physically located shall be responsible for any payment increases for such public DTC for all DTC services provided regardless of whether another social services district or the Department of Health may otherwise be responsible for furnishing medical assistance to the eligible persons receiving such services.
­ Any payment increases for DTC services shall be effective for purposes of determining payments for public DTCs contingent on receipt of all approvals required by federal law or regulations for federal financial participation. If federal approvals are not granted for payment increases for DTC services, payments to eligible public DTCs shall be determined without consideration of such amounts or such components. In the event of federal disapproval, public DTCs shall refund to the State, or the State may recoup from prospective payments, any payment received, including those based on a retroactive reduction in the payments. Any reduction related to federal upper payment limits shall be deemed to apply first to amounts provided pursuant to these provisions.
­ Reimbursement by the State for payments made for services provided by public DTCs shall be limited to the amount of federal funds properly received or to be received on account of such expenditures. Further, payments shall be excluded from all calculations determining the amount the Department of Health is obligated to reimburse social services districts for medical assistance for needy persons and the administration thereof.
The public is invited to review and comment on this proposed State Plan Amendment. Copies of which will be available for public review on the Department’s website at http://www.health.ny.gov/regulations/state_plans/status.
Copies of the proposed State Plan Amendments will be on file in each local (county) social services district and available for public review.
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
The public is invited to review and comment on this proposed State Plan Amendment.
For further information and to review and comment, please contact: Department of Health, Bureau of HCRA Operations & Financial Analysis, 99 Washington Ave. – One Commerce Plaza, Suite 810, Albany, NY 12210, (518) 474-1673, (518) 473-8825 (FAX), or e-mail: [email protected]
PUBLIC NOTICE
Department of State F-2012-0798 Date of Issuance – January 30, 2013
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-2012- 0798, Mr. Lon Flick is proposing to install an approximately 150 linear foot rock revetment along the shores of Lake Ontario at his property located at 1587 Lake Rd in the Town of Porter, Niagara County. The revetment is proposed to be constructed of two courses of five ton stones placed in a trench at the toe of the existing slope with five courses of three ton stones laid on the existing ground and continuing up the slope for approximately twelve feet.
The stated purpose of the proposed project is “To prevent further erosion of beach and bank and to protect residence from possible future damage due to erosion of the shoreline.”
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, February 14, 2013.
Comments should be addressed to the New York State Department of State, Division of Coastal Resources, One Commerce Plaza, 99 Washington Avenue, Albany, New York 12231. Telephone (518) 474-6000; Fax (518) 473-2464.
This notice is promulgated in accordance with Title 15, Code of Federal Regulations, Part 930.
PUBLIC NOTICE
Department of State F-2012-1071 (DA) Date of Issuance - January 30, 2013
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 U.S. Army Corps of Engineers, New England District (Corps) 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, Suite 1010, 99 Washington Avenue in Albany, New York.
The Corps has described the proposal as follows:
The proposed project involves the maintenance dredging of the Congressionally-authorized Federal Navigation Project (FNP) in New Haven Harbor, New Haven, CT. The authorized project provides for a navigation channel 35 feet deep below MLLW from Long Island Sound to the confluence at the Quinnipiac River. In addition to the channel, there are several anchorages and a turning basin in the northern portion of the project Shoaling in the channel and turning basin has occurred since the area was last dredged in 2003-2004, to the extent that commercial navigation safety and efficiency has been compromised. Only the main channel north of the breakwaters and the 35 ft turning basin will be dredged during this phase of the project. Approximately 810,000 cubic yards of predominantly clayey silt material (based on volumes from a 2012 conditions survey) will be dredged from these two areas. A mechanical dredge using various types of clamshell buckets would remove material from the shoaled portions of New Haven Harbor channel, and place it into scows. The scows would then be towed to the Central Long Island Sound Disposal Site (CLIS) for disposal.
The CLIS is located at 41°-08'-57" north latitude and 72°-52'51" west longitude, about six miles south of New Haven. The material would be placed at a point in the CLIS at designated coordinates. A berm-shaped feature would be created by disposing at the coordinates or between two buoys... Dredging and disposal operations are anticipated to take four to eight months to complete during the period from October 1 through May31 of the year funding becomes available. The portions of the channel north of the midpoint of Sandy Point would be dredged in the months of October 1 through January 31, while the portions of the channel to the south would be dredged in the months of October 1 through May 31.
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 by Friday, March 1, 2013.
Comments should be addressed to the New York State Department of State, Division of Coastal Resources, attn: Consistency Review Unit, One Commerce Plaza, 99 Washington Avenue, Suite, 1010, Albany, New York 12231. Telephone (518) 474-6000; Fax (518) 473-2464. Electronic submissions can be made at: [email protected].
This notice is promulgated in accordance with Title 15, Code of Federal Regulations, Part 930.
PUBLIC NOTICE
Uniform Code Regional Boards of Review
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 Tollisen, Codes Division, Department of State, One Commerce Plaza, 99 Washington Ave., Albany, NY 12231, (518) 474-4073 to make appropriate arrangements.
2012-0538 Matter of Arthur R. Kaplan, Project Manager, M + W US, Inc. 125 Monroe St. Watervliet, NY 12189 for a variance concerning fire safety issues including the fireproofing of roof trusses and the reuse of ventilation air in the building.
Involved is the construction of a 356,000 cumulative gross square foot addition to an existing building resulting in a cumulative gross square footage of 1.14 million square feet. The building is commonly known as the Global Foundries Fab 8.1 fabrication facility. The building contains a H-5 (semiconductor fabrication) occupancy, is 4 stories in height and is of Type Ib (fire resistive) construction The building is located at 400 Stonebreak Road Extension, Town of Malta, Saratoga County, State of New York.
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