Miscellaneous_Notices$Hearings Miscellaneous Notices/Hearings

8/31/11 N.Y. St. Reg. Miscellaneous Notices/Hearings

NEW YORK STATE REGISTER

VOLUME XXXIII, ISSUE 35

August 31, 2011

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 as part of its regular business meeting on September 15, 2011, in Milford, New York. At the public hearing, the Commission will consider: (1) compliance matters involving three projects; (2) the rescission of one docket approval; (3) action on certain water resources projects; and (4) action on three projects involving a diversion. Details concerning the matters to be addressed at the public hearing and business meeting are contained in the Supplementary Information section of this notice.

DATE: September 15, 2011, at 8:30 a.m.

ADDRESS: Country Inn & Suites Cooperstown, 4470 State Highway 28, Milford, New York 13807

FOR FURTHER INFORMATION CONTACT: Richard A. Cairo, General Counsel, telephone: [phone], ext. 306; fax: [phone]; e-mail: [e-mail] or Stephanie L. Richardson, Secretary to the Commission, telephone: [phone], ext. 304; fax: [phone]; e-mail: [e-mail].

SUPPLEMENTARY INFORMATION: In addition to the public hearing and its related action items identified below, the business meeting also includes actions or presentations on the following items: (1) expansion of the Remote Water Quality Monitoring Network; (2) hydrologic conditions in the basin; (3) a report on the Morrison Cove Study in the Juniata Subbasin; (4) the Maurice K. Goddard Award to Dr. Willard Harman of the SUNY Biological Station at Oneonta; (5) a possible supplemental proposed rulemaking action; (6) a preliminary introduction to dockets; (7) a capital budget and contract for acquisition of a new SRBC headquarters building; and (8) ratification/approval of grants/contracts. The Commission will also hear Legal Counsel's report.

Public Hearing - Compliance Actions:

1. Project Sponsor: Energy Corporation of America. Pad ID: Coldstream Affiliates #1MH (ABR-201007051 and ABR-201007051.1), Goshen Township, Clearfield County, Pa. and Pad ID: Whitetail #1-5MH (ABR-201008112 and ABR-201008112.1), Goshen and Girard Townships, Clearfield County, Pa.

2. Project Sponsor: Hazleton Creek Properties, LLC. Project Facility: Hazleton Mine Reclamation (Docket No. 20110307), Hazleton City, Luzerne County, Pa.

3. Project Sponsor: Keister Miller Investments, LLC. Withdrawal ID: West Branch Susquehanna River (Docket No. 20100605), Mahaffey Borough, Clearfield County, Pa.

Public Hearing - Project Scheduled for Rescission Action:

1. Project Sponsor and Facility: Lake Meade Municipal Authority (Docket No. 19911102), Reading Township, Adams County, Pa.

Public Hearing - Projects Scheduled for Action:

1. Project Sponsor: Anadarko E&P Company LP. Project Facility: Sproul State Forest - Council Run, Snow Shoe Township, Centre County, Pa. Application for groundwater withdrawal of up to 0.715 mgd from Well PW-11.

2. Project Sponsor: Borough of Ephrata. Project Facility: Ephrata Area Joint Authority, Ephrata Borough, Lancaster County, Pa. Application for groundwater withdrawal of up to 1.210 mgd from Well 1.

3. Project Sponsor and Facility: Chesapeake Appalachia, LLC (Susquehanna River), Athens Township, Bradford County, Pa. Modification to increase surface water withdrawal by an additional 0.441 mgd, for a total of 1.44 mgd (Docket No. 20080906).

4. Project Sponsor and Facility: Chesapeake Appalachia, LLC (Susquehanna River), Terry Township, Bradford County, Pa. Modification to increase surface water withdrawal by an additional 0.441 mgd, for a total of 1.44 mgd (Docket No. 20090605).

5. Project Sponsor and Facility: EXCO Resources (PA), LLC (Pine Creek), Porter Township, Lycoming County, Pa. Application for surface water withdrawal of up to 2.000 mgd.

6. Project Sponsor: Graymont (PA), Inc. Project Facility: Pleasant Gap Facility, Spring Township, Centre County, Pa. Application for groundwater withdrawal of up to 0.660 mgd from Well I-5 (McJunkin Well Field).

7. Project Sponsor: Hazelton Creek Properties, LLC. Project Facility: Hazelton Mine Reclamation, Hazelton City, Luzerne County, Pa. Modification to increase consumptive water use approval by 0.145 mgd, for a total of 0.200 mgd (Docket No. 20110307).

8. Project Sponsor and Facility: J-W Operating Company (Sterling Run), Lumber Township, Cameron County, Pa. Modification to conditions of the surface water withdrawal approval (Docket No. 20090330).

9. Project Sponsor and Facility: M & P Energy Services Inc. (Susquehanna River), Briar Creek Borough, Columbia County, Pa. Application for surface water withdrawal of up to 0.999 mgd.

10. Project Sponsor: Mayor and City Council of Baltimore. Project Facility: Maryland Water Supply System, Halls Cross Roads District, Harford County, Md. Modification to conditions of the surface water withdrawal approval (Docket No. 20010801).

11. Project Sponsor: Mayor and City Council of Baltimore. Project Facility: Maryland Water Supply System, Halls Cross Roads District, Harford County, Md. Modification to conditions of the consumptive water use approval (Docket No. 20010801).

12. Project Sponsor: Milton Regional Sewer Authority. Project Facility: Wastewater Treatment Plant, Milton Borough and West Chillisquaque Township, Northumberland County, Pa. Application for withdrawal of treated wastewater effluent of up to 0.864 mgd.

13. Project Sponsor and Facility: Pennsylvania General Energy Company, L.L.C. (West Branch Susquehanna River), Pine Creek Township, Clinton County, Pa. Application for surface water withdrawal of up to 0.400 mgd.

14. Project Sponsor and Facility: Seneca Resources Corporation (Marsh Creek), Delmar Township, Tioga County, Pa. Application for surface water withdrawal of up to 0.499 mgd.

15. Project Sponsor and Facility: Southwestern Energy Production Company, Herrick Township, Bradford County, Pa. Application for groundwater withdrawal of up to 0.101 mgd from the Fields Supply Well.

16. Project Sponsor and Facility: Stanley S. Karp Sr. (Tunkhannock Creek), Nicholson Borough, Wyoming County, Pa. Application for surface water withdrawal of up to 0.510 mgd.

17. Project Sponsor and Facility: Susquehanna Gas Field Services, LLC. (Meshoppen Creek), Meshoppen Borough, Wyoming County, Pa. Modification to project features and conditions of the surface water withdrawal approval (Docket No. 20090628).

18. Project Sponsor: Susquehanna Gas Field Services, LLC. Project Facility: Meshoppen Pizza Well, Meshoppen Borough, Wyoming County, Pa. Modification to project features and conditions of the groundwater withdrawal approval (Docket No. 20100612).

19. Project Sponsor and Facility: William C. Wingo (Wingo Ponds), Ulysses Township, Potter County, Pa. Application for surface water withdrawal of up to 0.099 mgd.

20. Project Sponsor and Facility: XTO Energy, Inc. (West Branch Susquehanna River), Chapman Township, Clinton County, Pa. Application for surface water withdrawal of up to 2.000 mgd.

Public Hearing - Projects Scheduled for Action Involving a Diversion:

1. Project Sponsor: Mayor and City Council of Baltimore. Project Facility: Maryland Water Supply System, Halls Cross Roads District, Harford County, Md. Modification to conditions of the diversion approval (Docket No. 20010801).

2. Project Sponsor: SWEPI, LP. Project Facility: Pennsylvania American Water Company - Warren District, Warren City, Warren County, Pa. Application for an into-basin diversion of up to 3.000 mgd from the Ohio River Basin.

3. Project Sponsor: EQT Production Company. Project Facility: Franco Freshwater Impoundment, Washington Township, Jefferson County, Pa. Application for an into-basin diversion of up to 0.482 mgd from the Ohio River Basin.

Opportunity to Appear and Comment:

Interested parties may appear at the above hearing to offer written or oral comments to the Commission on any matter on the hearing agenda, or at the business meeting to offer written or oral comments on other matters scheduled for consideration at the business meeting. The chair of the Commission reserves the right to limit oral statements in the interest of time and to otherwise control the course of the hearing and business meeting. Written comments may also be mailed to the Susquehanna River Basin Commission, 1721 North Front Street, Harrisburg, Pennsylvania 17102-2391, or submitted electronically to Richard A. Cairo, General Counsel, e-mail: [e-mail] or Stephanie L. Richardson, Secretary to the Commission, e-mail: [e-mail]. Comments mailed or electronically submitted must be received prior to September 9, 2011, to be considered.

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

Dated: August 12, 2011.

Thomas W. Beauduy

Deputy Executive Director.

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 to reflect the termination of the TASA (Teen Age Services Act), NBA (Neighborhood Based Alliance) and the CONNECT optional targeted Comprehensive Medicaid Case Management (CMCM) programs effective on or after October 1, 2011. TASA provides case management services for eligible pregnant, parenting and at-risk adolescents under the age of 21; NBA targets individuals residing in under-served and economically distressed areas, which currently operates in the Addison City School District, Steuben County and in the City of Fulton, Oswego County; and CONNECT targets women of child- bearing ages that are pregnant or parenting or infants under one year of age, which is currently operating in Onondaga County only.

The basis for termination of these programs is because counties utilizing these optional CMCM services have Medicaid managed care, and/or patient centered medical homes, as well as a vast array of community based programs that can serve these targeted populations.

The action to discontinue payment of these targeted CMCM services is solely a result of a change in Medicaid policy. This change in policy does not limit provision of services by the Local Departments of Social Services, nor does it limit Medicaid services; therefore, is not subject to a fair hearing.

The estimated annual net aggregate decrease in gross Medicaid expenditures attributable to this initiative for state fiscal year 2011/2012 is ($4.2) million.

Copies of the proposed state plan amendments will be available for public review on the Department's website at: http://www.health.ny.gov/regulations/state_plans/status

In addition, copies will be on file in each local (county) social services district.

For the New York City district, copies are 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 or to review and comment on this proposed State Plan amendment, please contact or write: Ron Bass, Director, Bureau of Medicaid Policy and Coverage, Department of Health, Office of Health Insurance Programs, Division of Policy and Program Guidance, Empire State Plaza, Rm. 720, Corning Tower, Albany, NY 12237, [phone], [phone] (FAX)

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, effective October 1, 2011, to revise early intervention program rates for service coordination for approved services rendered on and after October 1, 2011. Such rates will no longer be billed in 15-minute increments. Instead, enacted regulation allows for a rate paid on a monthly and/or per-service component for service coordination services. The annual decrease in gross Medicaid expenditures for state fiscal year 2011/12 is ($1.2) million.

Copies of the proposed state plan amendments will be available for public review on the Department's website at: http://www.health.ny.gov/regulations/state_plans/status

In addition, copies will be on file in each 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

The public is invited to review and comment on this proposed state plan amendment.

For further information and to review and comment, please contact: Bureau Director, Department of Health, Bureau of HCRA Operations and Financial Analysis, Corning Tower Bldg., Rm. 984, Albany, NY 12237, [phone], [phone] (FAX), e-mail: [e-mail]

PUBLIC NOTICE

Homes and Community Renewal 2012 Annual Action Plan Public Comment Period Notice

In order to maintain its eligibility to administer certain federal funds for affordable housing and community development, New York State (NYS) must prepare an Annual Action Plan (AAP) and submit it to the U.S. Department of Housing and Urban Development. For one specific program year, the AAP describes the State's proposed use of available federal and other resources to address the priority needs and specific objectives in the Consolidated Plan; the State's method for distributing funds to local governments and not-for-profit organizations; and the geographic areas of the State to which it will direct assistance.

The AAP also describes NYS's planned use of approximately $84 million in federal fiscal year 2012 funds for the: NYS Community Development Block Grant Program ($44 million); HOME Investment Partnerships Program ($34 million); Housing Opportunities for Persons with AIDS Program ($2.2 million); and Emergency Solutions Grants Program ($3.3 million).

NYS encourages public participation in the development of its AAP and invites interested persons to review and comment on the draft AAP for 2012 during an upcoming public comment period.

This 30-day public comment period will begin on Thursday, September 8, 2011 and extend through close of business on Friday, October 7, 2011. Beginning on September 8, 2011, NYS's draft AAP for 2012 may be viewed on and downloaded from the NYS Homes and Community Renewal (HCR) website at www.nyshcr.org. In addition, copies can be requested by e-mail ([e-mail]) or by calling [phone].

Comments should be mailed to: Homes and Community Renewal, Attention: Nancy Moreland, 38-40 State St., Albany, NY 12207 or e-mailed to ([e-mail]). Comments must be received or postmarked by close of business Friday, October 7, 2011.

PUBLIC NOTICE

Saratoga County

Saratoga County is seeking information relating to its possible acquisition of a Commercial Off-the Shelf (COTS) solution for a web based Time, Attendance and Labor Distribution (workforce management) Program System meeting the specifications stated herein.

Request for information Synopsis:

THIS ANNOUNCEMENT IS NOT A NOTICE FOR SOLICITATION ISSUANCE, THIS IS A REQUEST FOR INFORMATION (RFI) FOR PLANNING PURPOSES ONLY. This RFI is issued for the purpose of developing a viable solicitation that will best communicate the County's requirements to industry and for fiscal planning purposes. THE REQUESTED INFORMATION IS FOR PLANNING PURPOSES AND DOES NOT CONSTITUTE A COMMITMENT, IMPLIED OR OTHERWISE, THAT A PROCUREMENT ACTION WILL RESULT, HEREUPON. Saratoga County hereby reserves the right to procure any of the goods or services specified herein through any viable means consistent with State Finance Law. No entitlement to payment by the County of direct or indirect costs or charges will arise as a result of the submission of contractor's information. It is the Officers responsibility to clearly mark any proprietary information as such so that is will be safeguarded in accordance with the applicable County regulations.

Requirement Overview and Summary:

The County contemplates the need for a Commercial Off-the Shelf (COTS) solution for a web based Time and Attendance (workforce management) Program System for use by County agencies which can provide various functionality relating to the collection of time and attendance information, implementation of accrual business rules, tracking of hours worked and leave time utilized, tracking of hours worked on assigned and special projects and other features noted herein. It is the County's belief that the requested solution will provide increased efficiency and accountability as well as a return on investment justifying its investment, if any.

Contact:

For more information, questions and or inquiries relating to this RFI should be addressed to the County Personnel Director who shall serve as the County's Designated Point of Contact.

Point of Contact:

John J. Kalinkewicz, Director of Personnel, 40 McMaster St., Ballston Spa, NY 12020, [phone], e-mail: [e-mail]

PUBLIC NOTICE

Department of State F-2011-0655 Date of Issuance – August 31, 2011

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-2011-0655, Brewer's Bruce and Johnson's Marina, Branford River, Town of Branford, New Haven County, CT, has applied to the U.S. Army Corps of Engineers, New England District, under the Connecticut Programmatic General Permit to perform maintenance dredging of the existing marina facility, with subsequent disposal of approximately 24,964 cubic yards of dredged material at the Central Long Island Sound Disposal Site (CLIS). The CLIS is located within Long Island Sound, approximately 5.6 nautical miles south of East Haven, CT.

Any interested parties and/or agencies desiring to express their views concerning the above proposed activities may do so by filing their comments, in writing, no later than 4:30 p.m., 15 days from the date of publication of this notice, or, by September 15, 2011.

Comments should be addressed to: Department of State, Division of Coastal Resources, One Commerce Plaza, Suite 1010, 99 Washington Ave., Albany, NY 12231, [phone], Fax [phone]

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

PUBLIC NOTICE

Department of State F-2011-0656 Date of Issuance – August 31, 2011

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-2011-0656, The City of Milford, New Haven County, CT, has applied to the U.S. Army Corps of Engineers, New England District, under the Connecticut Programmatic General Permit to perform maintenance dredging of the existing Milford Lisman Landing Marina, with subsequent disposal of approximately 9,000 cubic yards of dredged material at the Central Long Island Sound Disposal Site (CLIS) and capped with a minimum of 13,000 cubic yards of suitable cap material. The CLIS is located within Long Island Sound, approximately 5.6 nautical miles south of East Haven, CT.

Any interested parties and/or agencies desiring to express their views concerning the above proposed activities may do so by filing their comments, in writing, no later than 4:30 p.m., 15 days from the date of publication of this notice, or, by September 15, 2011.

Comments should be addressed to: Department of State, Division of Coastal Resources, One Commerce Plaza, Suite 1010, 99 Washington Ave., Albany, NY 12231, [phone], Fax [phone]

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 Steven Rocklin, Codes Division, Department of State, One Commerce Plaza, 99 Washington Ave., Albany, NY 12231, [phone] to make appropriate arrangements.

2011-0218 Matter of 100 South Elmwood, LLC. c/o A.J. Baynes, 4295 Harris Hill Road, Williamsville, NY 14221 for a variance concerning: requirements for stairway width and design of smoke detector system.

Involved is alteration to an existing five story with basement building of mixed occupancy of business and permanent multiple dwellings of ordinary construction, located at 157 West Mohawk Street, City of Buffalo, County of Erie, State of New York.

2011-0276 Matter of Dawn Slavin, 1425 Bay Blvd, Atlantic Beach, NY 11509 for an appeal and or variances concerning safety requirements, including flood construction.

Involved is an existing a one family dwelling, located at 1425 Bay Boulevard, Town of Hempstead, Nassau County, New York.

2011-0284 Matter of Ralph Cavo, 1217 Elm Street, Utica, NY for a variance related to the fire rating of the cellar stairs in accordance with the New York State Multiple Residence Law.

Involved is an existing two story building located at 1217 Elm Street, City of Utica, Oneida County, State of New York.

2011-0285 Matter of Thomas McElheny, 130 South Union Street, Olean, NY 14760, for a variance concerning safety requirements, including a required sprinkler system in a building, located at 2085 Trumansburg Road, Village of Trumansburg, County of Tompkins, State of New York.

SALE OF FOREST PRODUCTS

Livingston Reforestation Area No. 1 Contract No. X008329

Pursuant to Section 9-0505 of the Environmental Conservation Law, the Department of Environmental Conservation hereby gives Public Notice of the following:

Sealed bids for northern red oak, 21.5 MBF more or less; white ash, 12.6 MBF more or less; red maple, 4.7 MBF more or less; hard maple, 3.5 MBF more or less; black cherry, 0.4 MBF more or less; basswood, 1.6 MBF more or less; hemlock 0.3 MBF more or less; hardwood firewood, 20 cords more or less, located on Livingston Reforestation Area No. 1, Canaseraga State Forest, Stand B-7, will be accepted at the Department of Environmental Conservation, Contract Unit, 625 Broadway, 10th Fl., Albany, NY 12233-5027 until 11:00 a.m., Thursday, Sept. 8, 2011.

For further information, contact: Joel Fiske, Sr. Forester, Department of Environmental Conservation, Lands and Forests, Region 8, 7291 Coon Rd., Bath, NY 14810-9728, [phone]

SALE OF FOREST PRODUCTS

Otsego Reforestation Area No. 1 Contract No. X008333

Pursuant to Section 9-0505 of the Environmental Conservation Law, the Department of Environmental Conservation hereby gives Public Notice for the following:

Sealed bids for 414.8 MBF, more or less, of misc. hardwood and softwood sawtimber, 236 cords, more or less, of misc. hardwood firewood, and 6 cords, more or less, of hemlock pulp, located on Otsego Reforestation Area No. 1, R. Milton Hicks State Forest, Stands A-1, 2, 3, 4, 5, 6, 7, 13, and 14, will be accepted at the Department of Environmental Conservation, Bureau of Procurement & Expenditure Services, 625 Broadway, 10th Fl., Albany, NY 12233-5027 until 11:00 a.m., Thursday, Sept. 8, 2011.

For further information, contact: Paul Wenner, Senior Forester, Department of Environmental Conservation, Division of Lands and Forests, Region 4, 65561 State Hwy. 10, Suite 1, Stamford, NY 12167-9503, [phone]