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 October 2019 will be conducted on October 16 and October 17 commencing at 10:00 a.m. This meeting will be conducted at NYS Media Services Center, Suite 146, South Concourse, Empire State Plaza, Albany, NY with live coverage available at https://www.cs.ny.gov/commission/.

For further information, contact: Office of Commission Operations, Department of Civil Service, Empire State Plaza, Agency Bldg. One, Albany, NY 12239, (518) 473-6598

The New York State Department of Health (NYSDOH) is providing notice of the State's intent to request approval from the Centers for Medicare and Medicaid Services (CMS) for a four (4) year waiver amendment to further support the quality improvements and cost savings through the Delivery System Reform Incentive Payment (DSRIP) program. As with the original Medicaid Redesign Team (MRT) waiver, New York State seeks a continuation of DSRIP for the 1-year balance of the 1115 waiver ending on March 31, 2021 and conceptual agreement to an additional 3 years from April 2021 to March 31, 2024. Thus, the full four-year extension/renewal period (1-year extension and 3 years of renewal) would span from April 1, 2020 through March 31, 2024.

The New York DSRIP program has already reduced Potentially Preventable Admissions through June 2018 of 21%, well on its way to the goal of 25% by the end of the demonstration. The waiver amendment seeks additional time and funding support for the community collaborations to be sustained and fully mature to successfully transition the DSRIP Promising Practices into Value Based Payment (VBP) arrangements. The State will focus on higher-value practices that are clearly aligned with federal priorities. These federal priority areas include: Substance Use Disorder (SUD) treatment and the Opioid Crisis; Serious Mental Illness and Severe Emotional Disturbance (SMI/SED); Social Determinants of Health; Primary Care Improvement and Value-Driving Payment Models.

In addition, the DSRIP promising practices would expand to certain high-need and high-cost populations, such as higher-risk children and members needing long-term care. A continuation of workforce investments is essential to be responsive in meeting future needs, especially in the long-term care sector, as well as aid to financially distressed hospitals to help accelerate the transformation of acute and ambulatory health care.

A draft of the amendment proposal is available for review at: https://www.health.ny.gov/health_care/medicaid/redesign/dsrip/2019/amendment_req.htm

Written comments will be accepted by email at: [email protected] or by mail at the address below. All comments must be postmarked or emailed by November 4, 2019.

Department of Health Office of Health Insurance Programs Waiver Management Unit 99 Washington Ave. 12th Fl., Suite 1208 Albany, NY 12210

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 institutional services related to temporary rate adjustments to providers that are undergoing closure, merger, consolidation, acquisition or restructuring themselves or other health care providers. These payments are authorized by § 2826 of New York Public Health Law. The following changes are proposed:

Institutional Services

The temporary rate adjustments have been reviewed and approved for the St. Barnabas Hospital with aggregate payment amounts totaling up to $12,000,000 for the period October 3, 2019 through March 31, 2020, $12,000,000 for the period April 1, 2020 through March 31, 2021 and $12,000,000 for the period April 1, 2021 through March 31, 2022.

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]

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-2019-0844-DA, the U.S. Department of Commerce, National Oceanic and Atmospheric Administration (NOAA), National Marine Fisheries Service (NMFS) is proposing to approve an amendment to the Atlantic Herring Fishery Management Plan (FMP) which has been adopted and submitted to the federal agency by the New England Fishery Management Council (NEFMC).

If approved, Amendment 8 would establish a long-term acceptable biological catch control rule that considers Atlantic herring’s role in the ecosystem and would prohibit midwater trawling in inshore waters from Canada to Connecticut.

Details of the action, including a Final Environmental Impact Statement (FEIS), can be found at https://www.nefmc.org/library/amendment-8-2

The federal agency’s consistency determination 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 may be accessed at the following hyperlink https://www.dos.ny.gov/opd/programs/pdfs/Consistency/F-2019-0844-DA.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 October 17, 2019.

Comments should be addressed to: Department of State, Office of Planning and Development and Community Infrastructure, Consistency Review Unit, One Commerce Plaza, Suite 1010, 99 Washington Ave., Albany, NY 12231, (518) 474-6000, 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.

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.

2019-0498 Matter of Ralph Carbone, 635 Tudor Drive, Cheshire, CT 06410, for a variance concerning safety requirements, including the installation of a partial automatic sprinkler system in lieu of a required automatic sprinkler system throughout the building. Involved is an existing single family dwelling, located at 6227 Castle Road; Town of Southold, NY 06390 County of Suffolk, State of New York.

2019-0541 Matter of Guido & Susan Bonelli, Three Hester Lane, Ronkonkoma, NY 11779, for a variance concerning safety requirements, including the height under a girder. Involved is an existing one family dwelling located at Three Hester Lane; Town of Brookhaven, NY 11779 County of Suffolk, State of New York.

2019-0553 Matter of Topgolf Holtsville USA, LLC, Tanner Micheli, 8750 N. Central Exwy., Suite 1200, Dallas, TX 75231, for a variance concerning safety requirements, including a required guard rail for raised platforms in a golf facility located at NYS 495 Long Island Exwy. - North Service; Town of Brookhaven, NY 11742 County of Suffolk, State of New York.

2019-0554 Matter of Robert & Michelle Cervoni, 14 Sandpiper Court, Old Westbury, NY 11568, for a variance concerning safety requirements, including the location of a buried 1,000 gallon lp tank. Involved is an existing single family dwelling, located at 754 Dune Road; V. West Hampton Dunes, NY 11978 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.

2019-0511 Matter of Brian Davis Residence, located at 309 N. Ivyhurst, Town of Amherst (County of Erie), NY, for a variance concerning ceiling height requirements. (Routine 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.

2019-0512 Matter of 701 East Utica Street, located at 701 East Utica Street, City of Buffalo (County of Erie), NY, for a variance concerning separate electric metering. (Routine 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.

2019-0513 Matter of 2220 Ridgeway Avenue, located at 2220 Ridgeway Avenue, Town of Greece (County of Monroe), NY, for a variance concerning home occupation floor area requirements. (Routine 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.

2019-0515 Matter of Shawn Hayes Residence, located at 4991 South Main Street, Town of Livonia (County of Livingston), NY, for a variance concerning fire hydrant 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.

2019-0544 Matter of Northwest Arena, located at 319 West 3rd Street, City of Jamestown (County of Chautauqua), NY, for a variance concerning addition to building area limitation requirements. (Routine 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.

2019-0548 In the matter of 1637 Sunset Ave, LLC., Joseph Bialoglaw, 1009 Coolidge Avenue, Utica, NY 13501 for a variance concerning requirements for a fire rated cellar ceiling.

Involved is an existing Multiple Residence occupancy, three stories in height, located at 1637 Sunset Avenue, City of Utica, County of Oneida, 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.

2019-0552 In the matter of Gibson Property Management, Carl Gibson, 407 North Cayuga Street, Ithaca, NY 14850, concerning safety requirements including a variance for reduction in required height of existing exterior front porch handrails and guardrails and interior stair handrails.

Involved is the certificate of compliance inspection of an existing residential occupancy, two stories in height, located at 407 North Cayuga 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.

2019-0555 In the matter of Schreck Properties, Andrew Schreck, 422 Troy Road, Ithaca, NY 14850, concerning safety requirements including a variance for reduction in required height of existing exterior front porch guardrails and interior stair handrails.

Involved is an existing Multiple Residence occupancy, three stories in height, located at 1637 Sunset Avenue, City of Utica, County of Oneida, 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.

2019-0558 In the matter of Schreck Properties, Andrew Schreck, 422 Troy Road, Ithaca, NY 14850, concerning safety requirements including a variance for reduction in required height of existing exterior front porch handrails and guardrails and interior stair guardrails.

Involved is the certificate of compliance inspection of an existing residential occupancy, two stories in height, located at 215-217 Prospect Street, City of Ithaca, County of Tompkins, New York.

Actions Taken at September 6, 2019, Meeting

SUMMARY: As part of its regular business meeting held on September 6, 2019, in Big Flats, New York, the Commission approved the applications of certain water resources projects, and took additional actions, as set forth in the Supplementary Information below.

DATES: September 6, 2019.

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

FOR FURTHER INFORMATION CONTACT: Jason E. Oyler, General Counsel and Secretary, telephone: (717) 238-0423, ext. 1312; fax: (717) 238-2436; e-mail: [email protected]. Regular mail inquiries may be sent to the above address. See also Commission website 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) informational presentation of interest to the upper Susquehanna River region; (2) proposed rulemaking on consumptive use regulation; (3) approval of three grant agreements; (4) a report on delegated settlements; (5) an emergency certificate extension (6) Regulatory Program projects; and (7) approval of a settlement with Sunoco Pipeline, L.P.

Project Applications Approved:

The Commission approved the following project applications:

1. Project Sponsor: Aqua Pennsylvania, Inc. Project Facility: Eagle Rock Utilities Water System, North Union Township, Schuylkill County, Pa. Application for groundwater withdrawal of up to 0.163 mgd (30-day average) from Well ER-8.

2. Project Sponsor and Facility: Chief Oil & Gas LLC (Loyalsock Creek), Forksville Borough, Sullivan County, Pa. Application for renewal of surface water withdrawal of up to 1.500 mgd (peak day) (Docket No. 20150903).

3. Project Sponsor and Facility: Dillsburg Area Authority, Carroll Township, York County, Pa. Application for groundwater withdrawal of up to 0.220 mgd (30-day average) from Well 4.

4. Project Sponsor: Dover Township. Project Facility: Dover Township Water Department, Dover Township, York County, Pa. Application for renewal of groundwater withdrawal of up to 0.350 mgd (30-day average) from Well 9 (Docket No. 19880205).

5. Project Sponsor and Facility: Duncannon Borough, Penn Township, Perry County, Pa. Application for groundwater withdrawal of up to 0.037 mgd (30-day average) from Well 7.

6. Project Sponsor and Facility: Elk Mountain Ski Resort, Inc. (Unnamed Tributary to East Branch Tunkhannock Creek), Herrick Township, Susquehanna County, Pa. Modification to change from peak day to 30-day average for surface water withdrawal and consumptive use limits (Docket No. 20031003).

7. Project Sponsor and Facility: Pennsylvania General Energy Company, L.L.C. (Loyalsock Creek), Plunketts Creek Township, Lycoming County, Pa. Application for surface water withdrawal of up to 2.000 mgd (peak day).

8. Project Sponsor and Facility: Repsol Oil & Gas USA, LLC (Wappasening Creek), Windham Township, Bradford County, Pa. Application for renewal of surface water withdrawal of up to 1.000 mgd (peak day) (Docket No. 20150910).

9. Project Sponsor and Facility: Rockdale Marcellus, LLC (Lycoming Creek), McIntyre Township, Lycoming County, Pa. Application for surface water withdrawal of up to 2.000 mgd (peak day).

10. Project Sponsor and Facility: Seneca Resources Company, LLC (Marsh Creek), Delmar Township, Tioga County, Pa. Application for renewal of surface water withdrawal of up to 0.499 mgd (peak day) (Docket No. 20150908).

11. Project Sponsor and Facility: XTO Energy Inc. (West Branch Susquehanna River), Chapman Township, Clinton County, Pa. Application for renewal of surface water withdrawal of up to 2.000 mgd (peak day) (Docket No. 20150911).

Project Applications Tabled

1. Project Sponsor and Facility: Chester Water Authority, East Nottingham Township, Chester County, Pa. Application for an out-of-basin diversion of up to 60.000 mgd (peak day) from the Susquehanna River and Octoraro Reservoir.

2. Project Sponsor and Facility: Pennsylvania State University, College Township, Centre County, Pa. Application for renewal of consumptive use of up to 2.622 mgd (peak day) (Docket No. 19890106).

3. Project Sponsor and Facility: Pennsylvania State University, College Township, Centre County, Pa. Application for renewal of groundwater withdrawal of up to 1.728 mgd (30-day average) from Well UN-33 (Docket No. 19890106).

4. Project Sponsor and Facility: Pennsylvania State University, College Township, Centre County, Pa. Application for renewal of groundwater withdrawal of up to 1.678 mgd (30-day average) from Well UN-34 (Docket No. 19890106).

5. Project Sponsor and Facility: Pennsylvania State University, College Township, Centre County, Pa. Application for renewal of groundwater withdrawal of up to 1.728 mgd (30-day average) from Well UN-35 (Docket No. 19890106).

6. Project Sponsor and Facility: Chester Water Authority, East Nottingham Township, Chester County, Pa. Application for an out-of-basin diversion of up to 60.000 mgd (peak day) from the Susquehanna River and Octoraro Reservoir.

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

Dated: September 12, 2019,

Jason E. Oyler,

General Counsel and Secretary to the Commission

Grandfathering (GF) Registration Notice

SUMMARY: This notice lists Grandfathering Registration for projects by the Susquehanna River Basin Commission during the period set forth in DATES.

DATES: July 1-31, 2019.

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

FOR FURTHER INFORMATION CONTACT: Jason E. Oyler, General Counsel and Secretary to the Commission, 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 part 806, Subpart E

1. Borough of Adamstown, GF Certificate No. GF-201907036, Adamstown Borough, Lancaster County, Pa.; Wells 2 and 3; Issue Date: July 10, 2019.

2. New Holland Borough Authority, GF Certificate No. GF-201907037, Earl Township, Lancaster County, Pa.; Well 1; Issue Date: July 10, 2019.

3. West Manchester Township Authority, GF Certificate No. GF-201907038, West Manchester Township, York County, Pa.; Wells 2, 3, 4, 5, and 6; Issue Date: July 10, 2019.

4. Village of Greene, GF Certificate No. GF-201907039, Village of Greene, Chenango County, N.Y.; Wells 1 and 2; Issue Date: July 29, 2019.

5. Selinsgrove Municipal Authority, GF Certificate No. GF-201907040, Selinsgrove Borough, Snyder County, Pa.; Wells 1 and 2; Issue Date: July 29, 2019.

6. Shrewsbury Borough, GF Certificate No. GF-201907041, Shrewsbury Borough and Shrewsbury Township, York County, Pa.; the Thompson Well and the Lutheran Home Well; Issue Date: July 29, 2019.

Authority: Pub. L. 91-575, 84 Stat. 1509 et seq., 18 CFR parts 806 and 808.

Dated: August 20, 2019.

Jason E. Oyler,

General Counsel and Secretary to the Commission.

Grandfathering (GF) Registration Notice

SUMMARY: This notice lists Grandfathering Registration for projects by the Susquehanna River Basin Commission during the period set forth in DATES.

DATES: August 1-31, 2019.

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

FOR FURTHER INFORMATION CONTACT: Jason E. Oyler, General Counsel and Secretary to the Commission, 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 part 806, Subpart E

1. Gratz Borough Water Revenue Fund – Gratz Borough Water Company, GF Certificate No. GF-201908042, Gratz Borough, Dauphin County, Pa.; Well 1, Bower Spring, and Cold Spring; Issue Date: August 20, 2019.

2. Carlisle Borough Municipal Authority, GF Certificate No. GF-201908043, North Middleton Township, Cumberland County, Pa.; Conodoguinet Creek; Issue Date: August 20, 2019.

3. Afton Golf Course, Inc – Afton Golf Club, GF Certificate No. GF-201908044, Town of Afton, Chenango County, N.Y.; Pond 7; Issue Date: August 20, 2019.

Authority: Pub. L. 91-575, 84 Stat. 1509 et seq., 18 CFR parts 806 and 808.

Dated: September 12, 2019.

Jason E. Oyler,

General Counsel and 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: July 1-31, 2019.

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

FOR FURTHER INFORMATION CONTACT: Jason E. Oyler, General Counsel and Secretary to the Commission, 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:

Water Source Approvals Issued Under 18 CFR 806.22(f)(13):

1. Chesapeake Appalachia, L.L.C.; Pad ID: Deremer; ABR-201407001.R1; Tuscarora Township, Bradford County, Pa.; Consumptive Use of Up to 7.5000 mgd; Approval Date: July 1, 2019.

2. Epsilon Energy USA, Inc.; Pad ID: Devine Ridge Pad; ABR-201907001; Rush Township, Susquehanna County, Pa.; Consumptive Use of Up to 7.5000 mgd; Approval Date: July 15, 2019.

3. Chesapeake Appalachia, L.L.C.; Pad ID: Deer Park; ABR-201907003; Windham Township, Wyoming County, Pa.; Consumptive Use of Up to 7.5000 mgd; Approval Date: July 15, 2019.

4. Chief Oil & Gas, LLC; Pad ID: SGL-12 A Drilling Pad; ABR-201407007.R1; Overton Township, Bradford County, Pa.; Consumptive Use of Up to 2.5000 mgd; Approval Date: July 23, 2019.

5. Chesapeake Appalachia, L.L.C.; Pad ID: White SUS; ABR-201407008.R1; Auburn Township, Susquehanna County, Pa.; Consumptive Use of Up to 7.5000 mgd; Approval Date: July 23, 2019.

6. Chesapeake Appalachia, L.L.C.; Pad ID: McDonough; ABR-201407009.R1; Meshoppen Township, Wyoming County, Pa.; Consumptive Use of Up to 7.5000 mgd; Approval Date: July 23, 2019.

7. Inflection Energy (PA), LLC; Pad ID: Hamilton Well Site; ABR-201403010.R1; Upper Fairfield Township, Lycoming County, Pa.; Consumptive Use of Up to 4.0000 mgd; Approval Date: July 23, 2019.

8. ARD Operating, LLC; Pad ID: COP Tract 653 Pad A; ABR-20090405.R2; Beech Creek Township, Clinton County, Pa.; Consumptive Use of Up to 5.0000 mgd; Approval Date: July 23, 2019.

9. ARD Operating, LLC; Pad ID: COP Tract 289 Pad A; ABR-20090410.R2; McHenry Township, Lycoming County, Pa.; Consumptive Use of Up to 5.0000 mgd; Approval Date: July 23, 2019.

10. ARD Operating, LLC; Pad ID: Larry’s Creek F&G Pad A; ABR-20090411.R2; Cummings Township, Lycoming County, Pa.; Consumptive Use of Up to 5.0000 mgd; Approval Date: July 23, 2019.

11. ARD Operating, LLC; Pad ID: COP Tract 653 Pad B; ABR-20090414.R2; Beech Creek Township, Clinton County, Pa.; Consumptive Use of Up to 5.0000 mgd; Approval Date: July 23, 2019.

12. ARD Operating, LLC; Pad ID: COP Tract 653 Pad C; ABR-20090415.R2; Beech Creek Township, Clinton County, Pa.; Consumptive Use of Up to 5.0000 mgd; Approval Date: July 23, 2019.

13. ARD Operating, LLC; Pad ID: Larry’s Creek F&G Pad B; ABR-20090416.R2; Cummings Township, Lycoming County, Pa.; Consumptive Use of Up to 5.0000 mgd; Approval Date: July 23, 2019.

14. Greylock Production, LLC.; Pad ID: Whitetail Gun & Rod Club #1; ABR-20090418.R2; Goshen Township, Clearfield County, Pa.; Consumptive Use of Up to 2.0000 mgd; Approval Date: July 23, 2019.

15. Chesapeake Appalachia, L.L.C.; Pad ID: Gerbino #1; ABR-20140710.R2; Ridgebury Township, Bradford County, Pa.; Consumptive Use of Up to 2.0000 mgd; Approval Date: July 23, 2019.

16. Chesapeake Appalachia, L.L.C.; Pad ID: Warren #1; ABR-20140711.R2; Ridgebury Township, Bradford County, Pa.; Consumptive Use of Up to 2.0000 mgd; Approval Date: July 23, 2019.

17. XTO Energy, Inc.; Pad ID: Marquardt; ABR-20090712.R2; Penn Township, Lycoming County, Pa.; Consumptive Use of Up to 3.0000 mgd; Approval Date: July 23, 2019.

18. XTO Energy, Inc.; Pad ID: Jenzano; ABR-20090713.R2; Franklin Township, Lycoming County, Pa.; Consumptive Use of Up to 3.0000 mgd; Approval Date: July 23, 2019.

19. XTO Energy, Inc.; Pad ID: Temple; ABR-20090714.R2; Moreland Township, Lycoming County, Pa.; Consumptive Use of Up to 3.0000 mgd; Approval Date: July 23, 2019.

20. Seneca Resources Company, LLC; Pad ID: J. Pino Pad G; ABR-20190717.R2; Covington Township, Tioga County, Pa.; Consumptive Use of Up to 2.0000 mgd; Approval Date: Jul7 23, 2019.

21. Seneca Resources Company, LLC; Pad ID: PHC 11V; ABR-20190720.R2; Lawrence Township, Clearfield County, Pa.; Consumptive Use of Up to 0.9999 mgd; Approval Date: July 23, 2019.

22. Seneca Resources Company, LLC; Pad ID: PHC 6H; ABR-20190721.R2; Lawrence Township, Clearfield County, Pa.; Consumptive Use of Up to 1.0000 mgd; Approval Date: July 23, 2019.

23. Seneca Resources Company, LLC; Pad ID: PHC 7H; ABR-20190722.R2; Lawrence Township, Clearfield County, Pa.; Consumptive Use of Up to 1.0000 mgd; Approval Date: July 23, 2019.

24. Seneca Resources Company, LLC; Pad ID: PHC 8H; ABR-20190723.R2; Lawrence Township, Clearfield County, Pa.; Consumptive Use of Up to 1.0000 mgd; Approval Date: July 23, 2019.

25. Chesapeake Appalachia, L.L.C.; Pad ID: Kent; ABR-20090726.R2; Towanda Township, Bradford County, Pa.; Consumptive Use of Up to 7.5000 mgd; Approval Date: July 23, 2019.

26. Chesapeake Appalachia, L.L.C.; Pad ID: Hershberger; ABR-20090739.R2; Terry Township, Bradford County, Pa.; Consumptive Use of Up to 7.5000 mgd; Approval Date: July 29, 2019.

27. Chief Oil & Gas, LLC; Pad ID: Dacheux B Drilling Pad; ABR-201407013.R1; Cherry Township, Sullivan County, Pa.; Consumptive Use of Up to 2.5000 mgd; Approval Date: July 29, 2019.

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

Dated: August 20, 2019.

Jason E. Oyler,

General Counsel and 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: August 1-31, 2019.

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

FOR FURTHER INFORMATION CONTACT: Jason E. Oyler, General Counsel and Secretary to the Commission, 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. Sunoco Pipeline L.P.; Mariner East 2 Pipeline Project (Middlesex Township Municipal Authority); ABR-201908015; Various Municipalities Located In Berks, Cumberland, Dauphin, Lebanon, and York Counties, Pa.; Consumptive Use of Up to 0.288 mgd; Approval Date: August 16, 2019.

2. Sunoco Pipeline L.P.; Mariner East 2 Pipeline Project (Altoona Water Authority); ABR-201908016; Various Municipalities Located In Blair and Huntingdon Counties, Pa.; Consumptive Use of Up to 0.200 mgd; Approval Date: August 27, 2019.

3. Sunoco Pipeline L.P.; Mariner East 2 Pipeline Project (Mount Union Municipal Authority); ABR-201908017; Various Municipalities Located In Blair, Huntingdon, Juniata, and Perry Counties, Pa.; Consumptive Use of Up to 0.200 mgd; Approval Date: August 27, 2019.

4. Sunoco Pipeline L.P.; Mariner East 2 Pipeline Project (PA American Water Company - Hershey District); ABR-201908018; Various Municipalities Located In Dauphin, Lebanon, and Berks Counties, Pa.; Consumptive Use of Up to 0.288 mgd; Approval Date: August 27, 2019.

5. Sunoco Pipeline L.P.; Mariner East 2 Pipeline Project (PA American Water Company – Mechanicsburg District); ABR-201908019; Various Municipalities Located In Cumberland, York, and Dauphin Counties, Pa.; Consumptive Use of Up to 0.266 mgd; Approval Date: August 27, 2019.

6. Sunoco Pipeline L.P.; Mariner East 2 Pipeline Project (Elverson Water Company, Inc.); ABR-201908020; Various Municipalities Located In Dauphin, Lebanon, Berks, and Chester Counties, Pa.; Consumptive Use of Up to 0.070 mgd; Approval Date: August 29, 2019.

Water Source Approvals Issued Under 18 CFR 806.22(f):

1. ARD Operating, LLC; Pad ID: COP Tract 289 Pad A; ABR-20090409.R2; McHenry Township, Lycoming County, Pa.; Consumptive Use of Up to 4.0000 mgd; Approval Date: August 2, 2019.

2. Chief Oil & Gas, LLC; Pad ID: Reibson Drilling Pad; ABR-201407014.R1; Elkland Township, Sullivan County, Pa.; Consumptive Use of Up to 2.5000 mgd; Approval Date: August 2, 2019.

3. Inflection Energy (PA), LLC; Pad ID: Reynolds Well Site; ABR-201908002; Gamble Township, Lycoming County, Pa.; Consumptive Use of Up to 4.0000 mgd; Approval Date: August 2, 2019.

4. Chesapeake Appalachia, L.L.C.; Pad ID: Hunter, ABR-201408001.R1; Windham Township, Wyoming County, Pa.; Consumptive Use of Up to 7.5000 mgd; Approval Date: August 8, 2019.

5. Seneca Resources Company, LLC; Pad ID: CRV Pad C09-G; ABR-201408002.R1; Shippen Township, Cameron County, Pa.; Consumptive Use of Up to 7.5000 mgd; Approval Date: August 12, 2019.

6. Pennsylvania General Energy Company, L.L.C.; Pad ID: COP Tract 729 Pad-A; ABR-200908003; Cummings Township, Lycoming County, Pa.; Consumptive Use of Up to 2.0000 mgd; Approval Date: August 12, 2019.

7. Pennsylvania General Energy Company, L.L.C.; Pad ID: COP Tract 293 Pad-A; ABR-201908004; Cummings Township, Lycoming County, Pa.; Consumptive Use of Up to 2.0000 mgd; Approval Date: August 12, 2019.

8. Chesapeake Appalachia, L.L.C.; Pad ID: Eileen, ABR-20090806.R2; Terry Township, Bradford County, Pa.; Consumptive Use of Up to 7.5000 mgd; Approval Date: August 13, 2019.

9. Chesapeake Appalachia, L.L.C.; Pad ID: Claudia, ABR-20090807.R2; Smithfield Township, Bradford County, Pa.; Consumptive Use of Up to 7.5000 mgd; Approval Date: August 13, 2019.

10. Chesapeake Appalachia, L.L.C.; Pad ID: Fitzsimmons, ABR-20090809.R2; Albany Township, Bradford County, Pa.; Consumptive Use of Up to 7.5000 mgd; Approval Date: August 13, 2019.

11. Chesapeake Appalachia, L.L.C.; Pad ID: Bacorn, ABR-201408003.R1; Overton Township, Bradford County, Pa.; Consumptive Use of Up to 7.5000 mgd; Approval Date: August 15, 2019.

12. EXCO Resources (PA), LLC; Pad ID: Litke 1H, 2H; ABR-20090425.R2; Burnside Township, Centre County, Pa.; Consumptive Use of Up to 4.0000 mgd; Approval Date: August 19, 2019.

13. EXCO Resources (PA), LLC; Pad ID: Litke (7H & 8H); ABR-20090426.R2; Burnside Township, Centre County, Pa.; Consumptive Use of Up to 4.0000 mgd; Approval Date: August 19, 2019.

14. EXCO Resources (PA), LLC; Pad ID: Litke (14H, 15H, 16H); ABR-20090431.R2; Burnside Township, Centre County, Pa.; Consumptive Use of Up to 5.0000 mgd; Approval Date: August 19, 2019.

15. EXCO Resources (PA), LLC; Pad ID: Barto Unit #1H, #2H; ABR-20090514.R2; Penn Township, Lycoming County, Pa.; Consumptive Use of Up to 5.0000 mgd; Approval Date: August 19, 2019.

16. Chief Oil & Gas, LLC; Pad ID: Phelps Unit #1H; ABR-20090813.R2; Lathrop Township, Susquehanna County, Pa.; Consumptive Use of Up to 5.0000 mgd; Approval Date: August 19, 2019.

17. Seneca Resources Company, LLC; Pad ID: T. Wivell Horizontal Pad; ABR-20090814.R2; Covington Township, Tioga County, Pa.; Consumptive Use of Up to 2.0000 mgd; Approval Date: August 19, 2019.

18. Chief Oil & Gas, LLC; Pad ID: PA Woodlands Drilling Pad; ABR-201408006.R1; Fox Township, Sullivan County, Pa.; Consumptive Use of Up to 2.5000 mgd; Approval Date: August 19, 2019.

19. Cabot Oil & Gas Corporation; Pad ID: DiazM P2; ABR-201908001; Harford Township, Susquehanna County, Pa.; Consumptive Use of Up to 5.0000 mgd; Approval Date: August 19, 2019.

20. EXCO Resources (PA), LLC; Pad ID: Zinck Unit #1 Pad; ABR-201908014; Watson Township, Lycoming County, Pa.; Consumptive Use of Up to 5.0000 mgd; Approval Date: August 19, 2019.

21. Cabot Oil & Gas Corporation; Pad ID: BrooksW P2; ABR-201908009; Springville Township, Susquehanna County, Pa.; Consumptive Use of Up to 5.0000 mgd; Approval Date: August 22, 2019.

22. Cabot Oil & Gas Corporation; Pad ID: ChudleighW P1; ABR-201908005; Springville Township, Susquehanna County, Pa.; Consumptive Use of Up to 5.0000 mgd; Approval Date: August 26, 2019.

23. Cabot Oil & Gas Corporation; Pad ID: Elk Lake School District P1; ABR-201908006; Dimock Township, Susquehanna County, Pa.; Consumptive Use of Up to 5.0000 mgd; Approval Date: August 26, 2019.

24. Cabot Oil & Gas Corporation; Pad ID: BrooksJ P1; ABR-201908007; Springville Township, Susquehanna County, Pa.; Consumptive Use of Up to 5.0000 mgd; Approval Date: August 26, 2019.

25. Cabot Oil & Gas Corporation; Pad ID: PowersN P2; ABR-201908008; Middletown Township, Susquehanna County, Pa.; Consumptive Use of Up to 5.0000 mgd; Approval Date: August 26, 2019.

26. Cabot Oil & Gas Corporation; Pad ID: HunsingerA P1; ABR-201908010; Dimock Township, Susquehanna County, Pa.; Consumptive Use of Up to 5.0000 mgd; Approval Date: August 26, 2019.

27. SWN Production Company, LLC; Pad ID: RU-72-FOLKVARD-PAD; ABR-201908011; Jackson Township, Susquehanna County, Pa.; Consumptive Use of Up to 4.9990 mgd; Approval Date: August 26, 2019.

28. SWN Production Company, LLC; Pad ID: PU-BB-Price-Pad; ABR-201908012; Lenox Township, Susquehanna County, Pa.; Consumptive Use of Up to 4.9990 mgd; Approval Date: August 26, 2019.

29. SWN Production Company, LLC; Pad ID: WR-22-Five E’s-Pad; ABR-201908013; Middletown Township, Susquehanna County, Pa.; Consumptive Use of Up to 3.0000 mgd; Approval Date: August 26, 2019.

30. EQT Production Company; Pad ID: Hurd; ABR-20090802.R2; Ferguson Township, Clearfield County, Pa.; ConsuAuthority: Pub. L. 91-575, 84 Stat. 1509 et seq., 18 CFR Parts 806 and 808.

Dated: September 12, 2019.

Jason E. Oyler,

General Counsel and Secretary to the Commission.

18 CFR Parts 806

Review and Approval of Projects

SUMMARY: This document contains proposed rules that would amend the regulations of the Susquehanna River Basin Commission (Commission) dealing with the mitigation of consumptive uses. These rules are designed to enhance and improve the Commission’s existing authorities to manage the water resources of the basin.

DATES: The Commission will hold an informational webinar explaining the proposed rulemaking on October 1, 2019. Instructions for registration for the webinars will be posted on the Commission’s website.

Comments on the proposed rulemaking may be submitted to the Commission on or before November 12, 2019. The Commission has scheduled a public hearing on the proposed rulemaking to be held on October 31, 2019 in Harrisburg, PA. The location of the public hearing is listed in the ADDRESSES section of this document.

ADDRESSES: Comments may be mailed to: Jason E. Oyler, Esq., General Counsel, Susquehanna River Basin Commission, 4423 N. Front Street, Harrisburg, PA 17110-1788, or by e-mail to [email protected]. The public hearing location is at the Commission Headquarters at the above address.

Those wishing to testify are asked to notify the Commission in advance, if possible, at the regular address listed above or electronic address given below.

FOR FURTHER INFORMATION CONTACT: Jason E. Oyler, Esq., General Counsel, telephone: 717-238-0423, ext. 1312; fax: 717-238-2436; e-mail: [email protected]. Also, for further information on the proposed rulemaking, visit the Commission’s website at http://www.srbc.net.

SUPPLEMENTARY INFORMATION: The Commission undertook a more comprehensive overhaul of its regulations that were proposed in September of 2016 and adopted as final in June of 2017. As a part of that final rulemaking, the Commission reserved the changes it had proposed pertaining to its regulation of the consumptive use of water. It had also proposed a draft Consumptive Use Mitigation Policy as a companion to that rulemaking, which was also reserved. The Commission has performed a more comprehensive analysis of the comments received on that rulemaking and policy, and changes to the consumptive use regulation are proposed herein as a follow up to that effort. In addition, as a companion to this rulemaking, the Commission is also releasing a revised draft policy for Consumptive Use Mitigation to be open for public comment simultaneously with this proposed rulemaking.

Standards for Consumptive Uses of Water—18 CFR § 806.22

Section 806.22 (regarding standards for consumptive uses of water) will be revised. The proposed revisions in § 806.22(b)(1) and (2) lower the 90-day standard for consumptive use mitigation to 45 days and require that any alternative water source or storage will not likely impact nearby surface waters. The purpose of these changes is to reduce the barriers to project sponsors providing their own mitigation. Analysis of the past 100 plus years of river flow records show that the overwhelming majority of low flow events in the Basin are adequately covered by a continuous 45-day consumptive use mitigation standard. Further, the prior standard that alternative supplies or storage have no impact was too rigid for projects to find suitable alternative supplies.

Section 806.22(b) is also revised to clarify that discontinuance includes reduction of water consumption to less than 20,000 gallons per day (gpd). This was the Commission’s policy from 1992 until 2006 when the present rule was adopted. In practice, complete discontinuance was found to be impractical and unrealistic for many projects; however, some projects have demonstrated the ability to reduce usage to 20,000 gallons per day when necessary. This practice allows continued operations at a locally de minimis consumptive use level while reducing mitigation demand on either the project or the Commission. Accordingly, this change is designed to increase the feasibility of projects being able to select discontinuance as a mitigation option. Discontinuance of use is the most effective method of mitigation because it reduces and/or eliminates the water use during Commission designated low flows periods and does not depend on any further action by the Commission or project sponsor to be effectuated.

Section 806.22(e) is amended to allow a project sourced by reuse of stormwater, wastewater or other reused or recycled water to be eligible for an Approval by Rule for consumptive use.

List of Subjects in 18 CFR Part 806

Administrative practice and procedure, Water resources.

Accordingly, for the reasons set forth in the preamble, the Susquehanna River Basin Commission proposes to amend 18 CFR part 806 as follows:

PART 806—REVIEW AND APPROVAL OF PROJECTS

1. The authority citation for part 806 continues to read as follows:

Authority: Secs. 3.4, 3.5 (5), 3.8, 3.10 and 15.2, Pub. L. 91-575, 84 Stat. 1509 et seq.

2. Amend § 806.22 by revising paragraphs (b)(1) and (e)(1) to read as follows:

§ 806.22 Standards for consumptive use of water.

* * * * *

(b) * * *

(1) During low flow periods as may be designated by the Commission for consumptive use mitigation.

(i) Reduce withdrawal from the approved source(s), in an amount equal to the project's consumptive use, and withdraw water from alternative surface water storage or aquifers or other underground storage chambers or facilities approved by the Commission, from which water can be withdrawn for a period of 45 continuous days such that impacts to nearby surface waters will not likely be at a magnitude or in a timeframe that would exacerbate present low flow conditions.

(ii) Release water for flow augmentation, in an amount equal to the project's consumptive use, from surface water storage or aquifers, or other underground storage chambers or facilities approved by the Commission, from which water can be withdrawn for a period of 45 continuous days such that impacts to nearby surface waters will not likely be at a magnitude or in a timeframe that would exacerbate present low flow conditions.

(iii) Discontinue the project's consumptive use, which may include reduction of the project sponsor's consumptive use to less than 20,000 gpd during periods of low flow. In any case of failure to provide the specified discontinuance, such project shall provide mitigation in accordance with paragraph (b)(3) of this section, for the calendar year in which such failure occurs, after which the Commission will reevaluate the continued acceptability of the discontinuance.

* * * * *

(e) * * *

(1) General rule. Except with respect to projects involving hydrocarbon development subject to the provisions of paragraph (f) of this section, any project that is solely supplied water for consumptive use by public water supply, stormwater, wastewater, or other reused or recycled water, or any combination thereof, may be approved by the Executive Director under this paragraph (e) in accordance with the following, unless the Executive Director determines that the project cannot be adequately regulated under this approval by rule.

* * * * *

Dated: September 9, 2019.

Jason E. Oyler

General Counsel and Secretary to the Commission.