Pyrites Hydro, LLC - Public Hearing
Fairfield Inn and Suites
5955 US-11
Canton, NY, 13617
NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
NOTICE OF PUBLIC COMMENT PERIOD, LEGISLATIVE PUBLIC COMMENT HEARING, DEADLINE FOR PETITIONS FOR PARTY STATUS AND ISSUES CONFERENCE
Applicant:
Pyrites Hydro, LLC
670 N. Commercial Street, Suite 204
Manchester, NH 03101
Project Location:
Pyrites Hydroelectric Facility
120 County Route 21 Extension
Pyrites, NY 13677
DEC Applications:
Section 401 Clean Water Act Water Quality Certification
DEC ID No. 6-4022-00158/00001
Project Description: Pyrites Hydro, LLC (Pyrites Hydro or applicant) applied to the New York State Department of Environmental Conservation (Department or DEC) for a Section 401 Clean Water Act Water Quality Certification (WQC) to continue operation and maintenance of the hydropower generation, and associated project features at the existing Pyrites Hydroelectric Facility (FERC P-6115) located on the Grass River in the Hamlet of Pyrites, St. Lawrence County. The project requires the issuance of a Section 401 Water Quality Certification. On July 31, 2024, NYSDEC issued a WQC, to coincide with the term of the FERC license to be issued. The WQC includes Condition No. 13 that DEC deemed necessary to ensure the operation of the facility will not contribute to contravention of state water quality standards, that the best usage of fishing is maintained through protection of fish, and to maintain and ensure that water remains suitable for fish survival pursuant to 6 NYCRR Part 701. Pyrites Hydro submitted a request for a hearing on DEC’s issuance of the WQC with Condition No. 13, dated August 29, 2024.
SEQRA Status: The Federal Power Act preempts DEC from conducting ECL article 8 environmental review (State Environmental Quality Review Act [SEQRA]) on a WQC application.
Prior Notice of Complete Application and Public Comment Period: On July 10, 2024, DEC issued a Notice of Complete Application (NOCA) in the Environmental Notice Bulletin (ENB) commencing the public review and comment period for the referenced application and DEC’s proposed issuance of a WQC. The NOCA was published in the ENB at: https://dec.ny.gov/news/environmental-notice-bulletin/2024-07-10/comple….
Current Notice: This Notice serves to provide the public notification that DEC will hold a public comment hearing, provide a written public comment period, set deadlines for petitions for party status, and hold an issues conference regarding Pyrites Hydro’s WQC application, DEC’s issuance of the WQC, and Pyrites Hydro’s request for a hearing.
Public Comment Hearing: A public comment hearing pursuant to 6 NYCRR part 624 to hear and receive unsworn comments from the public will be held on Wednesday, January 22, 2025 at 10:00 a.m. The hearing will be conducted by Administrative Law Judge Michael S. Caruso at the Fairfield Inn and Suites, 5955 US-11, Canton, New York.
All persons, organizations, corporations, or government agencies who may be affected by the project are invited to attend the hearing and comment on the application, WQC, and the request for a hearing. Lengthy comments should be submitted in writing. Equal weight will be given to oral and written statements. The Administrative Law Judge (ALJ) may limit the time available for oral comments to 3 minutes per person, depending on the number of people wishing to speak, to ensure that all persons have an opportunity to be heard. The venue is reasonably accessible to persons with a mobility impairment.
Language interpretation services shall be made available to persons with limited English proficiency, including American Sign Language, at no cost. Requests must be received 10 calendar days before the meeting, but DEC will make every effort to fulfill requests received closer to the hearing date. Requests can be directed to the NYSDEC Division of Communication, Education, and Engagement by mail (address: NYSDEC, 625 Broadway, Albany, New York 12233-4500), e-mail ([email protected]), or phone (518) 402-8028.
Written Public Comments: Written comments concerning the application, WQC, and request for a hearing must be postmarked by Wednesday, January 22, 2025 and mailed to Administrative Law Judge Michael S. Caruso at DEC’s Office of Hearings and Mediation Services, 1st Floor, 625 Broadway, Albany, NY, 12233-1550, or emailed to ALJ Caruso at [email protected] by 5:00 p.m. on Wednesday, January 22, 2025. Written statements will be considered equally with oral statements given at the public comment hearing, provided they are postmarked by Wednesday, January 22, 2025 or emailed by 5:00 p.m. on that date.
Issues Conference: Pursuant to 6 NYCRR 624.4(b), a pre-adjudicatory issues conference will be conducted by ALJ Caruso at the Fairfield Inn and Suites, 5955 US-11, Canton, New York on Wednesday, January 22, 2025 at 11:00 a.m. The purpose of the issues conference is to determine party status for any person or organization that has properly filed a petition (as indicated below), to consider DEC’s issuance of the WQC, the Applicant’s statement of issues, and to narrow and define those issues, if any, that will require adjudication in this matter. Participation at the issues conference shall be limited to Department staff, Applicant, and those persons or organizations requesting party status. Issues proposed for adjudication must be both substantive and significant in accordance with 6 NYCRR 624.4(c). If no petitions for party status are filed with respect to the issues, or if any filed objections are withdrawn and the issues are satisfactorily resolved before the issues conference, the issues conference will be canceled, and no adjudicatory hearing will be held. If the ALJ determines that there are adjudicable issues, the ALJ will schedule an adjudicatory hearing to address those issues.
Filing for Party Status and Proposed Issues: Persons seeking to participate at the issues conference and the subsequent adjudicatory hearing, if one is necessary, must file a written petition explaining whether their request is for full party status or amicus status. For the required contents of petitions for full party status, see 6 NYCRR 624.5(b)(1) and (2). To determine whether an issue is substantive, see 6 NYCRR 624.4(c)(2), and to determine whether an issue is significant, see 6 NYCRR 624.4(c)(3). For the required contents of a petition seeking amicus status, see 6 NYCRR 624.5(b)(1) and (3).
All petitions requesting party status to participate at the adjudicatory hearing must be received at DEC’s Office of Hearings and Mediation Services no later than 5:00 p.m. on Tuesday, December 10, 2024. Address all petitions to Administrative Law Judge Michael S. Caruso, DEC’s Office of Hearings and Mediation Services, 1st Floor, 625 Broadway, Albany, NY, 12233-1550, telephone: (518) 402-9003, email: [email protected]. At the same time and in the same manner that the petition is furnished to the ALJ, a copy of the petition must be furnished to applicant’s attorneys, Alita Giuda, Esq., Couch White LLP, 540 Broadway, PO Box 22222, Albany, NY 12201, telephone: (518) 320-3414, email: agiuda@couchwhite.com, and to Department staff’s attorney, Tyler Hepner, Esq., New York State Department of Environmental Conservation, 625 Broadway, 14th Floor, Albany, New York 12233-1500, telephone: (518) 402-9530, email: [email protected]. Any questions about the filing requirements or other hearing procedures may be addressed to ALJ Caruso by telephone at (518) 402-9003. DEC’s permit hearing regulations may be found at https://dec.ny.gov/regulatory/regulations/chapter-vi, and a guide to permit hearing procedures may be found at https://dec.ny.gov/regulatory/permits-licenses/environmental-permits/gu….
Statement of Issues: Pyrites Hydro must submit a statement of issues no later than 5:00 p.m. on Tuesday, December 10, 2024 addressed to the ALJ and Department staff’s attorney. The statement of issues must identify issues for adjudication which meet the criteria of 6 NYCRR 624.2(c). The statement of issues must also be provided to all persons who filed petitions for party status no later than 5:00 p.m. on December 12, 2024.
Responses: Department staff may submit a response to Pyrites Hydro’s statement of issues and Department staff and Pyrites Hydro may submit responses to petitions for party status provided they are submitted no later than 5:00 p.m. on Friday, December 20, 2024. Responses must also be provided to all persons who filed petitions for party status no later than December 20, 2024.
Filing by Email: Filing of petitions for party status, Pyrites Hydro’s statement of issues and responses from Department staff and Pyrites Hydro by email is authorized provided the petitions, statement of issues and responses are received by all of the parties or petitioners, as directed above, by the 5:00 p.m. deadline for each filing, and a conforming hard copy is sent by first class mail and postmarked by the respective deadline date. Telefaxed petitions, statements and responses will not be accepted.
Document Availability: Filed application documents, the WQC and the request for hearing are available for review at NYSDEC, Bureau Director, Bureau of Energy Project Management, Division of Environmental Permits, 625 Albany, NY 12233, NY, Phone: (518) 402-9167, or upon request by email to: [email protected]. Reference Pyrites Hydro, LLC in the request.
Statutory and Regulatory Provisions: This proceeding is being conducted according to ECL article 3, title 3 (General Functions), ECL article 17 (Water Pollution Control), ECL article 70 (Uniform Procedures); 6 NYCRR part 621 (Uniform Procedures), part 624 (Permit Hearing Procedures), part 608 (Use and Protection of Waters) and part 701 (Classifications-Surface Waters and Groundwaters).
Michael S. Caruso
Administrative Law Judge
October 30, 2024
Albany, New York