Hearing Notices Archive
Notice of Public Comment Period, Public Comment Hearing, Deadline for Petitions for Party Status, Issues Conference and Adjudicatory Hearing
Applicant/Permittee:
106 MULBERRY CORP.
106 Mulberry Street, Apt. 7
New York, NY 10013
Project Location:
750 W LAKE DR. SOUTHOLD, NEW YORK 11971
Permit/Application ID No.: 1-4738-04087/00001-3
Project Description: Project Description: Construct new single-family dwelling with deck and sanitary system with retaining wall on lot 1. Add gravel driveway on paper road. Remove and replace bulkhead along Lot 1, the paper road, and both the west and north sides of adjacent lot (lot 11). In addition, replace the ramp and float and remove the jetty on the adjacent lot (lot 11). 180 cubic yards of fill and pervious driveway. The Department issued a denial of that portion of the application related to the placement of a gravel driveway on the paper road, removal and replacement of the bulkhead on the west and north sides of the adjacent lot (lot 11), and replacement of the ramp and float and remove the jetty on the adjacent lot (lot 11). Applicant requested a hearing based on the denial. Subsequent to the denial, the Department has determined that the portion of the application to replace the ramp and float and remove the jetty on the adjacent lot (lot 11) is no longer objectionable. Applicant requested a hearing based on the Department’s objections. The hearing will proceed on the denial of the placement of the gravel driveway and removal and replacement of the 33 feet of bulkhead extending from the northern edge of Lot 1 to the southern edge of Lot 11, where the paper road meets the inlet.
SEQRA Status: The Department as lead agency has determined the project is a Type II action pursuant to 6 NYCRR 617.5(c). These actions have been determined not to have a significant impact on the environment or are otherwise precluded from environmental review under Environmental Conservation Law, article 8.
How to obtain application materials:
Project materials are available at the Department’s Region 1 office, by appointment only,
SUNY Stony Brook
50 Circle Road
Stony Brook, New York 11790-3409
Contact Mary MacKinnon 631-444-0362
[email protected].
Public Comment Hearing
A legislative public comment hearing will be held before Administrative Law Judge (ALJ) Molly T. McBride to receive unsworn statements from the public at 9:00 A.M. on Monday January 13, 2025 through the Webex Events electronic platform. All persons, organizations, corporations or government agencies that may be affected by the proposed project are invited to attend the legislative public comment hearing and to submit oral comments.
To register to attend or speak at the January 13, 2025 public comment hearing, visit: https://meetny-gov.webex.com/weblink/register/r61316a8c91536b37ce17000b0cb8c6d2
To attend, visit: https://meetny-gov.webex.com
To join by phone, call 415-527-5035
Access code (webinar #): 2821 435 2028
Webinar password: January13 (52682791 when dialing from a phone or video system)
The ALJ may restrict the time available for oral comments to three (3) minutes for each person, to ensure that all persons will have an opportunity to be heard. It is recommended that lengthy comments be summarized for oral presentation and submitted in writing as indicated below. Equal weight will be given to both oral and written comments.
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 Comments: Must be postmarked by January 14, 2025 and mailed to ALJ Molly T. McBride at DEC’s Office of Hearings and Mediation Services, 1st Floor, 625 Broadway, Albany, NY, 12233-1550, or emailed to ALJ McBride at [email protected] by 4:00 pm on January 14, 2025.
Issues Conference
Pursuant to 6 NYCRR 624.4(b), a pre-adjudicatory issues conference will be conducted by ALJ McBride through the Webex Events electronic platform immediately following the public comment hearing. 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 requested permits, 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 adjudicatory hearing will proceed as indicated below 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 4:00 p.m. on January 3, 2025. Address all petitions to Administrative Law Judge Molly T. McBride, 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, Michael D. Solomon, Esq., 40 Marcus Drive, Melville, NY 11747,
email: [email protected], and to Department staff’s attorney, Tiffany Chiu, Esq., New York State Department of Environmental Conservation, Region 1 Office, 50 Circle Road, Suite 111
Stony Brook, New York 11790-3409, email: Tiffany.[email protected]. Any questions about the filing requirements or other hearing procedures may be addressed to ALJ McBride 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/guide-to-permit-hearings.
Statement of Issues: 106 Mulberry must submit a statement of issues no later than 4:00 p.m. on January 6, 2025 addressed to the ALJ and Department staff’s attorney and all persons seeking party status. The statement of issues must identify issues for adjudication which meet the criteria of 6 NYCRR 624.2(c).
Responses: Department staff may submit a response to 106 Mulberry’s statement of issues and Department staff and 106 Mulberry may submit responses to petitions for party status provided they are submitted no later than 4:00 p.m. on January 10, 2025. Responses must also be provided to all persons who filed petitions for party status no later than January 10, 2025.
Filing by Email: Filing of petitions for party status, 106 Mulberry’s statement of issues and responses from Department staff and 106 Mulberry 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 4:00 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.
Addresses for service of all papers as detailed herein:
Molly T. McBride
Administrative Law Judge
Office of Hearings and Mediation Services
625 Broadway, 1st Floor
Albany, NY 12233-1550
[email protected]
Tiffany Chiu, Esq.
Assistant Regional Attorney
NYS DEC Region 1
SUNY at Stony Brook
50 Circle Road
Stony Brook, New York 11790
[email protected]
Michael Solomon, Esq.
40 Marcus Drive,
Melville, NY 11747,
email: [email protected]
To observe the issues conference online, go to:
https://meetny-gov.webex.com
Meeting number (access code): 2821 435 2028
Webinar password: January13 (52682791 when dialing from a phone or video system)
Tap to join from a mobile device:
415-527-5035, Meeting number (access code): 2821 435 2028
Webinar password: January13 (52682791 when dialing from a phone or video system)
To listen by phone:
Dial 415-527-5035
Enter meeting number: 2821 435 2028
Webinar password: January13 (52682791 when dialing from a phone or video system)
To join from a video system or application:
Dial @meetny-gov.webex.com
Meeting number (access code): 2821 435 2028
Password: January13 (52682791 when dialing from a phone or video system)
Adjudicatory Hearing
An adjudicatory hearing will be held at 9:00 AM February 24, 2025, and continuing as
necessary. The hearing will be held through the Webex Event electronic platform. Instructions to attend:
To observe the adjudicatory hearing online, go to:
https://meetny-gov.webex.com
Webinar number (access code): 2822 312 3226
Webinar password: February24 (33278279 when dialing from a phone or video system)
To listen by phone:
Dial 415-527-5035
Enter meeting number: 2822 312 3226
Password: Webinar password: February24 (33278279 when dialing from a phone or video system)
To join from a video system or application:
Dial @meetny-gov.webex.com
Meeting number (access code): 2822 312 3226|
Password: February24 (33278279 when dialing from a phone or video system)
Statutory and Regulatory Provisions: This proceeding is being conducted according to ECL article 3, title 3 (General Functions), ECL article 70 (Uniform Procedures); 6 NYCRR part 621 (Uniform Procedures), part 624 (Permit Hearing Procedures), part 661 (Tidal Wetlands).
Molly T. McBride
Administrative Law Judge
December 11, 2024
Albany, New York
Applicant: D’Alessandro Project
49 Brockmeyer Drive
Massapequa, NY 11758
Joseph Enrico
Wetscape Consulting Inc. d/b/a Ocean Consulting
262 Weidner Avenue, Oceanside, NY 11572
Project Location:
2657 Peconic Avenue
Seaford, NY
Town of Hempstead, Nassau County Tax Map # 63/208/140-144
Water Course: Sunset Lagoon
DEC Application: DEC Project No. 1-2820-07087/0004
Project Description: Applicant seeks a tidal wetlands permit pursuant to 6 NYCRR 661.9 and a variance from the development restrictions contained in 6 NYCRR 661.6, pursuant to 6 NYCRR 661.11, to subdivide an undersized lot into two lots of 5,188 sq ft and 5,325 sq ft and construct a single-family dwelling and a driveway on each lot. The project also includes removing and replacing 120 linear feet of existing non-functional bulkhead four feet landward of the existing bulkhead and 18 inches higher; constructing a new 30-foot bulkhead landward of the MHW; and dredging a 10-linear-foor area via clamshell to -4 feet MLW, yielding approximately 25 cubic yards of spoil which will be placed landward of the bulkhead.
On April 18, 2024, the Department of Environmental Conservation (Department or DEC) issued a Notice of Complete Application to the applicant, which was published in the Environmental Notice Bulletin (ENB) on May 1, 2024, commencing the public review and comment period for the referenced permit and associated application materials. No public comments were received.
The Department issued a denial of the permit application on June 27, 2024 and the applicant requested a hearing on that denial on July 10, 2024. The Department revised the denial to address the applicant’s variance request, issuing a revised notice of denial on September 17, 2024. Applicant renewed his request for a hearing on both denials on October 7, 2024.
SEQRA Status: In its role as Lead Agency under SEQRA (ECL article 8 [State Environmental Quality Review Act]), Department staff determined the proposed project to be an unlisted action and issued a negative declaration on April 18, 2024.
How to obtain application materials:
Application documents and the revised notice of permit denial are available for review during normal business hours at the DEC Region 1 office. For further information, contact Tiffany Chiu, Esq. at New York State Department of Environmental Conservation, NYS DEC Region 1 Headquarters, 50 Circle Road, SUNY Stony Brook, Stony Brook, NY 11790, E-mail: [email protected].
Written Comments: Written comments concerning D’Alessandro Project’s tidal wetlands permit and variance applications, the Department’s revised notice of denial must be postmarked by December 10, 2024, and mailed to Administrative Law Judge (ALJ) Elizabeth Phillips at the Department’s Office of Hearings and Mediation Services, 1st Floor, 625 Broadway, Albany, NY, 12233-1550, or emailed to ALJ Phillips at [email protected] by 12:00 p.m. on December 17, 2024. Please include D’Alessandro Project in the subject line.
Public Comment Hearing: December 17, 2024, 10:00 a.m.
A virtual public comment hearing on the denial of the permit and variance will be held before Administrative Law Judge (ALJ) Elizabeth Phillips to receive unsworn statements from the public at 10:00 a.m. on December 17, 2024. To register to attend or speak at the December 17, 2024, public comment hearing, visit:
https://meetny-gov.webex.com/weblink/register/r82a89fb3a1ad51d3027496debe6ce05f
To attend, visit: https://meetny-gov.webex.com
To join by phone, call 415-527-5035
Access code (webinar #): 2825 788 7301
Webinar password: Welcome1 (93526631 when dialing from a phone)
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.
Issues Conference:
The issues conference is adjourned until further notice.
Adjudicatory Hearing:
The adjudicatory hearing is adjourned until further notice.
Filing for Party Status and Proposed Issues:
Petitions for Party Status must be postmarked by December 3, 2024 and sent by electronic mail by 4:00 p.m. on December 3, 2024 to:
Elizabeth Phillips
Administrative Law Judge
Office of Hearings and Mediation Services
625 Broadway, 1st Floor
Albany, NY 12233-1550
[email protected]
Tiffany Chiu, Esq.
Assistant Regional Attorney
NYS DEC Region 1
SUNY at Stony Brook
50 Circle Road
Stony Brook, New York 11790
[email protected]
Joseph Enrico
Ocean Consulting
262 Weidner Ave
Oceanside, NY 11572
Statement of Issues:
Applicant’s statement of issues must be postmarked by December 3, 2024 and sent by electronic mail by 4:00 p.m. on December 3, 2024 to:
Elizabeth Phillips
Administrative Law Judge
Office of Hearings and Mediation Services
625 Broadway, 1st Floor
Albany, NY 12233-1550
[email protected]
Tiffany Chiu, Esq.
Assistant Regional Attorney
NYS DEC Region 1
SUNY at Stony Brook
50 Circle Road
Stony Brook, New York 11790
The statement of issues must: (a) identify issues for adjudication which meet the criteria of 6 NYCRR 624.4(c); (b) present an offer of proof specifying the witness(es), each witness’s qualifications, the nature of the evidence the applicant expects to present at the evidentiary hearing and the grounds upon which the assertion is made with respect to each issue; and (c) identify whether each identified issue is an issue of fact or law. For more detail on the required contents of the statement of issues, see 6 NYCRR 624.2(c) at: https://dec.ny.gov/sites/default/files/2024-09/Part624CourtesyCopy.pdf
Response to Petitions for Party Status:
Responses to the Petitions for Party Status from Department staff and Applicant must be postmarked by December 10, 2024 and sent by electronic mail by 4:00 p.m. on December 10, 2024 to:
Any party petitioning for party status.
Elizabeth Phillips
Administrative Law Judge
Office of Hearings and Mediation Services
625 Broadway, 1st Floor
Albany, NY 12233-1550
[email protected]
Tiffany Chiu, Esq.
Assistant Regional Attorney
NYS DEC Region 1
SUNY at Stony Brook
50 Circle Road
Stony Brook, New York 11790
Joseph Enrico
Ocean Consulting
262 Weidner Ave
Oceanside, NY 11572
[email protected]
Response to the Statement of Issues:
Responses to the Statement of Issues from Department staff and those who filed petitions for party status must be postmarked by December 10, 2024 and sent by electronic mail by 4:00 p.m. on December 10, 2024 to:
Elizabeth Phillips
Administrative Law Judge
Office of Hearings and Mediation Services
625 Broadway, 1st Floor
Albany, NY 12233-1550
[email protected]
Tiffany Chiu, Esq.
Assistant Regional Attorney
NYS DEC Region 1
SUNY at Stony Brook
50 Circle Road
Stony Brook, New York 11790
[email protected]
Joseph Enrico
Ocean Consulting
262 Weidner Ave
Oceanside, NY 11572
[email protected]
Statutory and Regulatory Provisions: This proceeding is being conducted according to ECL article 3, title 3 (General Functions), ECL article 25 (Tidal Wetlands), ECL article 70 (Uniform Procedures), 6 NYCRR part 621 (Uniform Procedures), part 624 (Permit Hearing Procedures), and part 661 (Tidal Wetlands).
Any questions about the filing requirements or other hearing procedures may be addressed to ALJ Phillips by telephone at (518) 402-9003. The Department’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/guide-to-permit-hearings
Elizabeth Phillips
Administrative Law Judge
November 13, 2024
Albany, New York
NOTICE OF PUBLIC COMMENT HEARING
Petitioners: Village of Scarsdale, SUEZ Water Westchester, Inc., Westchester Joint Water Works, the City of White Plains, the City of Yonkers, and the Town of Greenburgh (Petitioners/Upstate Communities)
Petitioner’s Attorney: Joel R. Dichter, Esq.
Dichter Law, LLC
483 Cherry Street, Suite 100
Bedford Hills, New York 10507
(212) 593-4202
Description: Pursuant to the Administrative Code of the City of New York § 24-360, Environmental Conservation Law of the State of New York (ECL) article 15, title 15, and title 6 of the Official Compilation of Codes, Rules and Regulations of the State of New York (6 NYCRR) part 603 (Application for Fixation of Water Rates), Petitioners filed joint petitions dated September 29, 2022, January 4, 2024, and April 30, 2025, requesting a review of the rates charged by the City of New York Water Board (the Water Board) to customers located outside New York City who take water from the City’s water supply system.
- In the September 29, 2022, joint petition, Petitioners seek administrative review of the water rates effective July 1, 2022 (FY 2023). The Water Board set the upstate rate for entitlement water at $2,083.48 per million gallons (per MG), and the upstate rate for excess water at $5,617.46 per MG;
- In the January 4, 2024, joint petition, Petitioners seek administrative review of the water rates effective July 1, 2023 (FY 2024). The Water Board set the upstate rate for entitlement water at $2,224.32 per MG, and the upstate rate for excess water at $5,865.75 per MG; and
- In the April 30, 2025, joint petition, Petitioners seek administrative review of the water rates effective July 1, 2024 (FY 2025). The Water Board set the upstate rate for entitlement water at $2,264.80 per MG, and the upstate rate for excess water at $6,364.34 per MG.
Public Comment Hearing: Two (2) legislative public comment hearings will be held pursuant to 6 NYCRR part 624 to hear and receive unsworn comments from the public. The first session will be held on July 8, 2025, at 2:00 pm. The second session, also being held on July 8, 2025, will begin at 6:00 p.m. The hearings will be conducted electronically through the Webex webinar platform. Instructions for participating in and attending the webinar are provided below.
All persons, organizations, corporations, or government agencies are invited to attend the hearing and comment on the Petitioners’ request to review the Water Board’s upstate water rates. Lengthy comments should be submitted in writing. Equal weight will be given to oral and written statements. The Administrative Law Judges (ALJs) may limit the time available for oral comments to 3 minutes per person, depending on the number of people who wish to speak, to ensure that all persons have an opportunity to be heard. Because the hearing is being conducted by electronic webinar, it is reasonably accessible to persons with a mobility impairment.
Interpreter Services: Interpreter services shall be made available to deaf persons, and translator services shall be made available to persons with limited English proficiency, at no charge for either service, upon written request.
Requests for interpreter services must be submitted by July 1, 2025, and directed to the NYSDEC Office of Communication Services by mail, telephone or email at,
By Mail: NYSDEC, Division of Communication, Education and Engagement
625 Broadway, Albany, New York 12233-4500
By Telephone: (518) 402-8044
By e-mail: [email protected].
Written Public Comments: Written comments concerning the Petitioners’ request to review the Water Board’s upstate water rates must be postmarked by July 8, 2025, and mailed to;
Administrative Law Judges Timothy M. MacPherson and Daniel P. O’Connell
DEC Office of Hearings and Mediation Services
1st Floor, 625 Broadway, Albany, New York, 12233-1550
Written comments may also be submitted to the ALJs by email at [email protected] by 5:00 p.m. on July 8, 2025.
Written statements will be considered equally with oral statements given at the legislative public comment hearing, provided they are postmarked by July 8, 2025, or emailed by 5:00 p.m. on that date.
Document Availability: The following pertinent Water Board rate reports are available on-line:
Report on the Cost of Supplying Water to Upstate Customers for the 2023 Rate Year
https://www.nyc.gov/assets/nycwaterboard/downloads/pdf/blue_book/fy2023-upstate-rate-report.pdf
Report on the Cost of Supplying Water to Upstate Customers for the 2024 Rate Year
https://www.nyc.gov/assets/nycwaterboard/downloads/pdf/blue_book/fy2024-upstate-rate-report.pdf
Report on the Cost of Supplying Water to Upstate Customers for the 2025 Rate Year https://www.nyc.gov/assets/nycwaterboard/downloads/pdf/blue_book/fy2025-upstate-rate-report.pdf
Applicable Statutory and Regulatory Provisions: Administrative Code of the City of New York Water Supply Act § 24-360 (Water Supply Act); Public Authorities Law § 1045-a et seq.; Environmental Conservation Law (ECL) article 3, title 3 (General Functions); and article 15, title 15 (Water Supply). Also, title 6 of the Official Compilations of Codes, Rules and Regulations of the State of New York (6 NYCRR) part 603 (Applications for Fixation of Water Rates); and part 624 (Permit Hearing Procedures).
Instructions for Attending the Public Comment Hearing:
Any person wishing to provide a public statement must register in advance of the hearing no later than 1:00 p.m. on July 5, 2025. Registration can be done electronically or by telephone. The directions follow.
To Register Electronically: Fill in the requested information at one of the following;
For the 2:00 pm session:
https://meetny-gov.webex.com/weblink/register/r05cfe492e7647c31e6a8c8e55d787e52
For the 6:00 pm session go to:
https://meetny-gov.webex.com/weblink/register/r05d6a6a60e2dd3de27af8820ee08aefe
You will be asked whether you wish to make a public statement. After registration is complete, you will receive a confirmation by email with information about how to join the hearing.
To Register by Telephone: Any person who is not able to login electronically may participate by telephone. Call-in participants must register to speak in advance by calling the Office of Hearings and Mediation Services at 518-402-9003 no later than 1:00 p.m. on July 5, 2025. Please provide your first and last name, address, email address if any, and telephone number and reference the Upstate Water Rate public comment hearing.
On July 8, 2025, all participants will be muted upon entry into the public comment hearing. The ALJs will call each person who has registered to speak. The ALJs will continue the hearing until everyone wishing to speak has been heard or other reasonable arrangements have been made to include their comments in the record. The ALJs may limit the time available for oral comments to 3 minutes per person, as necessary to afford all participants an opportunity to be heard. Speakers should summarize lengthy comments for oral presentation and submit their detailed comments in writing as provided above. The hearing will be stenographically recorded for inclusion in the record.
Additional ways to join the hearing:
For the July 8, 2025, 2 pm session
Join from the webinar link
https://meetny-gov.webex.com/meetny-gov/j.php?MTID=m1ee2c30affd37e62197aaf9e8e8bdec6
Join by the webinar number
Webinar number (access code): 2818 395 5371
Webinar password: Welcome1 (93526631 when dialing from a phone or video system)
Tap to join from a mobile device (attendees only)
+1-929-251-9612,,28183955371#93526631# United States Toll (New York City)
+1-415-527-5035,,28183955371#93526631# United States Toll
Some mobile devices may ask attendees to enter a numeric password.
Join by phone
+1-929-251-9612 United States Toll (New York City)
+1-415-527-5035 United States Toll
Join from a video system or application
You can also dial 207.182.190.20 and enter your webinar number.
NOTICE OF PUBLIC COMMENT HEARING
Petitioners: Village of Scarsdale, SUEZ Water Westchester, Inc., Westchester Joint Water Works, the City of White Plains, the City of Yonkers, and the Town of Greenburgh (Petitioners/Upstate Communities)
Petitioner’s Attorney: Joel R. Dichter, Esq.
Dichter Law, LLC
483 Cherry Street, Suite 100
Bedford Hills, New York 10507
(212) 593-4202
Description: Pursuant to the Administrative Code of the City of New York § 24-360, Environmental Conservation Law of the State of New York (ECL) article 15, title 15, and title 6 of the Official Compilation of Codes, Rules and Regulations of the State of New York (6 NYCRR) part 603 (Application for Fixation of Water Rates), Petitioners filed joint petitions dated September 29, 2022, January 4, 2024, and April 30, 2025, requesting a review of the rates charged by the City of New York Water Board (the Water Board) to customers located outside New York City who take water from the City’s water supply system.
- In the September 29, 2022, joint petition, Petitioners seek administrative review of the water rates effective July 1, 2022 (FY 2023). The Water Board set the upstate rate for entitlement water at $2,083.48 per million gallons (per MG), and the upstate rate for excess water at $5,617.46 per MG;
- In the January 4, 2024, joint petition, Petitioners seek administrative review of the water rates effective July 1, 2023 (FY 2024). The Water Board set the upstate rate for entitlement water at $2,224.32 per MG, and the upstate rate for excess water at $5,865.75 per MG; and
- In the April 30, 2025, joint petition, Petitioners seek administrative review of the water rates effective July 1, 2024 (FY 2025). The Water Board set the upstate rate for entitlement water at $2,264.80 per MG, and the upstate rate for excess water at $6,364.34 per MG.
Public Comment Hearing: Two (2) legislative public comment hearings will be held pursuant to 6 NYCRR part 624 to hear and receive unsworn comments from the public. The first session will be held on July 8, 2025, at 2:00 pm. The second session, also being held on July 8, 2025, will begin at 6:00 p.m. The hearings will be conducted electronically through the Webex webinar platform. Instructions for participating in and attending the webinar are provided below.
All persons, organizations, corporations, or government agencies are invited to attend the hearing and comment on the Petitioners’ request to review the Water Board’s upstate water rates. Lengthy comments should be submitted in writing. Equal weight will be given to oral and written statements. The Administrative Law Judges (ALJs) may limit the time available for oral comments to 3 minutes per person, depending on the number of people who wish to speak, to ensure that all persons have an opportunity to be heard. Because the hearing is being conducted by electronic webinar, it is reasonably accessible to persons with a mobility impairment.
Interpreter Services: Interpreter services shall be made available to deaf persons, and translator services shall be made available to persons with limited English proficiency, at no charge for either service, upon written request.
Requests for interpreter services must be submitted by July 1, 2025, and directed to the NYSDEC Office of Communication Services by mail, telephone or email at,
By Mail: NYSDEC, Division of Communication, Education and Engagement
625 Broadway, Albany, New York 12233-4500
By Telephone: (518) 402-8044
By e-mail: [email protected].
Written Public Comments: Written comments concerning the Petitioners’ request to review the Water Board’s upstate water rates must be postmarked by July 8, 2025, and mailed to;
Administrative Law Judges Timothy M. MacPherson and Daniel P. O’Connell
DEC Office of Hearings and Mediation Services
1st Floor, 625 Broadway, Albany, New York, 12233-1550
Written comments may also be submitted to the ALJs by email at [email protected] by 5:00 p.m. on July 8, 2025.
Written statements will be considered equally with oral statements given at the legislative public comment hearing, provided they are postmarked by July 8, 2025, or emailed by 5:00 p.m. on that date.
Document Availability: The following pertinent Water Board rate reports are available on-line:
Report on the Cost of Supplying Water to Upstate Customers for the 2023 Rate Year
https://www.nyc.gov/assets/nycwaterboard/downloads/pdf/blue_book/fy2023-upstate-rate-report.pdf
Report on the Cost of Supplying Water to Upstate Customers for the 2024 Rate Year
https://www.nyc.gov/assets/nycwaterboard/downloads/pdf/blue_book/fy2024-upstate-rate-report.pdf
Report on the Cost of Supplying Water to Upstate Customers for the 2025 Rate Year https://www.nyc.gov/assets/nycwaterboard/downloads/pdf/blue_book/fy2025-upstate-rate-report.pdf
Applicable Statutory and Regulatory Provisions: Administrative Code of the City of New York Water Supply Act § 24-360 (Water Supply Act); Public Authorities Law § 1045-a et seq.; Environmental Conservation Law (ECL) article 3, title 3 (General Functions); and article 15, title 15 (Water Supply). Also, title 6 of the Official Compilations of Codes, Rules and Regulations of the State of New York (6 NYCRR) part 603 (Applications for Fixation of Water Rates); and part 624 (Permit Hearing Procedures).
Instructions for Attending the Public Comment Hearing:
Any person wishing to provide a public statement must register in advance of the hearing no later than 1:00 p.m. on July 5, 2025. Registration can be done electronically or by telephone. The directions follow.
To Register Electronically: Fill in the requested information at one of the following;
For the 2:00 pm session:
https://meetny-gov.webex.com/weblink/register/r05cfe492e7647c31e6a8c8e55d787e52
For the 6:00 pm session go to:
https://meetny-gov.webex.com/weblink/register/r05d6a6a60e2dd3de27af8820ee08aefe
You will be asked whether you wish to make a public statement. After registration is complete, you will receive a confirmation by email with information about how to join the hearing.
To Register by Telephone: Any person who is not able to login electronically may participate by telephone. Call-in participants must register to speak in advance by calling the Office of Hearings and Mediation Services at 518-402-9003 no later than 1:00 p.m. on July 5, 2025. Please provide your first and last name, address, email address if any, and telephone number and reference the Upstate Water Rate public comment hearing.
On July 8, 2025, all participants will be muted upon entry into the public comment hearing. The ALJs will call each person who has registered to speak. The ALJs will continue the hearing until everyone wishing to speak has been heard or other reasonable arrangements have been made to include their comments in the record. The ALJs may limit the time available for oral comments to 3 minutes per person, as necessary to afford all participants an opportunity to be heard. Speakers should summarize lengthy comments for oral presentation and submit their detailed comments in writing as provided above. The hearing will be stenographically recorded for inclusion in the record.
Additional ways to join the hearing:
For the July 8, 2025, 2 pm session
Join from the webinar link
https://meetny-gov.webex.com/meetny-gov/j.php?MTID=m1ee2c30affd37e62197aaf9e8e8bdec6
Join by the webinar number
Webinar number (access code): 2818 395 5371
Webinar password: Welcome1 (93526631 when dialing from a phone or video system)
Tap to join from a mobile device (attendees only)
+1-929-251-9612,,28183955371#93526631# United States Toll (New York City)
+1-415-527-5035,,28183955371#93526631# United States Toll
Some mobile devices may ask attendees to enter a numeric password.
Join by phone
+1-929-251-9612 United States Toll (New York City)
+1-415-527-5035 United States Toll
Join from a video system or application
You can also dial 207.182.190.20 and enter your webinar number.
None
None
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
NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
COMBINED NOTICE OF COMPLETE APPLICATION, PUBLIC COMMENT HEARING AND PUBLIC COMMENT PERIOD
Applicant/Permittee: Micron New York Semiconductor Manufacturing LLC
Project Location: 5171 Route 31, Town of Clay, Onondaga County
Permit/Application ID No.: 7-3124-00575/00004
Project Description and Permits Requested: Environmental Conservation Law Article 19 Air Title V Facility
The New York State Department of Environmental Conservation (DEC) has prepared a draft permit and made a tentative determination, subject to public comment and other information, to approve an application for a new Title V permit for Micron New York Semiconductor Manufacturing LLC (Micron) to construct and operate a semiconductor manufacturing facility (facility) at the White Pine Commerce Park (WPCP) located in the Town of Clay, NY. The overall facility will consist of four semiconductor fabrication units (referred to as Fabs) and associated supporting operations. Micron’s Title V permit application for this portion of the project addresses emissions from the operation of Fab 1 and Fab 2 which will manufacture semiconductors and other devices on silicon-based wafers. A permit modification will be required to address Fabs 3 and 4 in the future. Both Fab 1 and Fab 2 will generally consist of the following operations which allow independent operation of either fab:
- A main production cleanroom space of approximately 600,000 square feet that includes a mix of process tools used to fabricate semiconductors and other devices.
- A sub-fab area that prepares and stores raw materials (e.g., process gases, chemical mixtures/slurries in the liquid state, etc.) used in the production process.
- Support buildings storing bulk raw materials and preparing raw materials that are transferred to the fab or sub-fab.
- A central utilities building.
- Bulk gas storage yards.
- Ancillary support equipment including cooling towers and emergency generators.
- Wastewater Pretreatment plant (WWTP) operations.
The proposed project is a major facility subject to the Title V air permitting program. The facility is a major source of hazardous air pollutants (HAP), and a major new facility under both the Prevention of Significant Deterioration (PSD) and the Non-attainment New Source Review (NNSR) programs. The facility is a PSD major source of carbon monoxide, greenhouse gases, particulate matter, particulate matter less than 10 microns (PM-10), and particulate matter less than 2.5 microns (PM-2.5). The facility is also a NNSR major source of Volatile Organic Compounds (VOC) and Oxides of Nitrogen (NOx). The emission sources at the facility will meet Best Available Control Technology (BACT) for PSD contaminants and the Lowest Achievable Emission Rate (LAER) for NNSR contaminants. Information regarding the demonstration of LAER and BACT is available in the regional office and may be reviewed upon request.
In addition, the emission sources at the facility will meet all applicable federal and New York State ambient air quality standards and guideline concentrations, most notably 6 NYCRR Part 212: Process Operations and 6 NYCRR Part 257-4: Air Quality Standards - Fluorides. The facility is also subject to the provisions of 40 CFR 63 Subpart BBBBB: National Emission Standards for Hazardous Air Pollutants for Semiconductor Manufacturing which establishes organic and inorganic HAP emission limits for the process vents and storage tanks at the facility.
Pursuant to the requirements of 6 NYCRR Subpart 231-5.5, the Facility purchased 411 tons per year (tpy) of NOx Emission Reduction Credits (ERCs) and 237 tpy of VOC ERCs as required. The sources of the ERCs are listed below and have not changed from those in DEC’s initial approval.
NOx: Cogentrix of PA. – 411 tpy.
VOC: Glens Falls Lehigh Portland Cement Co (DEC ID 4-1926-00001) – 104.74 tpy, Bethlehem Steel Corp. (DEC ID 9-1409-00003) – 68.37 tpy, Amcor Flexibles North America in West Hazleton, PA – 48.33 tpy, Norbord Industries (DEC ID 4-1230-00019) – 15.56 tpy.
Pursuant to the requirements of Section 7(2) of the Climate Leadership and Community Protection Act (CLCPA) and in compliance with DEC’s program policy for the CLCPA and Air Permit Applications (DAR-21), DEC has requested and received information regarding the project’s greenhouse gas emissions. Should DEC find that the proposed project is inconsistent with the attainment of the statewide greenhouse gas emission limits, Micron has provided information on potential justification for the project notwithstanding any inconsistency and has proposed several alternatives and mitigation measures. These measures have been incorporated into the draft Title V permit and would be included, along with other greenhouse gas mitigation measures to be imposed as appropriate, as part of any Title V permit ultimately issued by DEC. However, while DEC is making this draft Title V permit available for public review and comment, DEC has not made any final determination to issue a final Title V permit for the Facility. Prior to determining to issue this Title V permit, DEC would need to ensure that it can meet the requirements of the CLCPA. Accordingly, DEC may seek additional information from the Applicant to facilitate this determination.
In accordance with 6 NYCRR Parts 621.7(b)(9) and 201-6.3(c), the Administrator of the United States Environmental Protection Agency (USEPA) has the authority to bar issuance of any Title V Facility Permit if it is determined not to be in compliance with applicable requirements of the Clean Air Act or 6 NYCRR Part 201.
Persons wishing to inspect the subject Title V files, including the application with all relevant supporting materials, the draft permit, and all other materials available to the DEC (the "permitting authority") that are relevant to this permitting decision should contact the DEC representative listed below. The Draft Permit and Permit Review Report may be viewed and printed from the Department web site at: https://extapps.dec.ny.gov/data/dar/afs/draft_atv.html
SEQRA Status:
SEQR Lead Agency: Onondaga County Industrial Development Agency (OCIDA)
SEQR Lead Agency Determination: Positive Declaration
The Proposed Project, and associated connected actions, are subject to review under the State Environmental Quality Review Act (SEQRA) and the National Environmental Policy Act (NEPA). This project is a Type 1 action for SEQR, and a SEQR lead agency was coordinated.
On June 25, 2025, OCIDA, as joint lead agency with the Creating Helpful Incentives to Produce Semiconductors (CHIPS) Program Office (CPO) created by the United States Department of Commerce, accepted for public review and comment the Draft Environmental Impact Statement (Draft EIS) for the proposed Micron New York Semiconductor Manufacturing Project.
How to obtain application materials:
Application documents are available for inspection during normal business hours at:
- NYSDEC Region 7 office located at 5786 Widewaters Parkway, Syracuse, NY 13214. To ensure timely service at the time of inspection, it is recommended that an appointment be made by calling 315-426-7401.
- Northern Onondaga Public Library (NOPL) Cicero Branch, 8686 Knowledge Lane, Cicero, NY 13039
- Northern Onondaga Public Library (NOPL) North Syracuse Branch, 100 Trolley Barn Lane, North Syracuse, NY 13212
- Northern Onondaga Public Library (NOPL) Brewerton Branch, 5440 Bennett St, Brewerton, NY 13029
Electronic copies of the application materials are available at https://www.micron.com/us-expansion/ny
Public Comment Hearing: Persons wishing to comment on the permit applications will have the opportunity to make a statement at public comment hearings. Two virtual public comment hearing sessions will be held before an Administrative Law Judge (ALJ). The virtual hearing sessions will be conducted electronically via the Webex Webinar platform as indicated below. Given the anticipated number of speakers who are likely to attend, the ALJ may need to limit the length of comments to three minutes per speaker.
Date and Time: Tues., Dec. 9, 2025 at 2:00 PM
Register link:
https://meetny-gov.webex.com/weblink/register/r6babe7518e2320fc9fda2d7a…
Join by phone:
+1-415-527-5035 United States Toll Free
Access code: 2819 979 5037
Password: Welcome1 (64726611 when dialing from a phone or video system)
Date and Time: Weds., Dec 10, 2025 at 6:00 PM
Register link:
https://meetny-gov.webex.com/weblink/register/r5bf0ce412b7fc0855e9796f2…
Join by phone:
+1-415-527-5035 United States Toll Free
Access code: 2818 743 8508
Password: Welcome1 (64276611 when dialing from a phone or video system)
When registering, persons will be asked whether they wish to make a public statement. Once registration is complete, they will receive an email confirmation regarding how to join the hearing. All participants will be muted upon entry into the hearing. Speakers will be called in the order they registered, with elected officials being called first. The ALJ may restrict the time available to ensure that all persons will have an opportunity to be heard or other reasonable arrangements have been made to include their comments in the record. It is recommended that lengthy comments be submitted in writing. Equal weight will be given to both oral and written comments. Each hearing session will be recorded for inclusion in the record.
The electronic format is reasonably accessible to persons with impaired mobility.
For any public comment hearing session, language interpretation services will 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 Comments: Individuals and parties may mail written comments to the Contact Person listed below or may submit comments electronically to [email protected]. All comments submitted by mail must be postmarked by December 17, 2025. All comments submitted electronically must be received by 5pm on December 17, 2025. EQUAL WEIGHT IS GIVEN TO WRITTEN AND ORAL COMMENTS.
Contact:
Kevin Balduzzi
Regional Permit Administrator
NYSDEC Region 7 Office
5786 Widewaters Parkway
Syracuse, New York, 13214-1867
315-426-7438
NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
COMBINED NOTICE OF COMPLETE APPLICATION, PUBLIC COMMENT HEARING AND PUBLIC COMMENT PERIOD
Applicant/Permittee: MICRON NEW YORK SEMICONDUCTOR MANUFACTURING LLC
Project Location: 5171 Route 31, Town of Clay, Onondaga County
Permit/Application ID No.: 7-3124-00575/00003; 7-3124-00575/00007; 7-3124-00575/00005; 7-3554-00274/00001; 7-3554-00275/00001; 7-3554-00276/00001; 7-3554-00277/00001; 7-3532-00242/00001; 7-3559-00056/00001
Project Description and Permits Requested: Freshwater Wetlands, Environmental Conservation Law (ECL) Article 24, (implemented by 6 NYCRR Parts 662-663); Water Quality Certifications (401 certifications), Section 401 of the Clean Water Act, U.S.; Incidental Take of Threatened or Endangered Species, ECL Article 11, (implemented by 6 NYCRR Part 182)
Micron New York Semiconductor Manufacturing LLC’s (Micron) proposes to construct and operate a semiconductor manufacturing facility at the 1,400-acre White Pine Commerce Park in the town of Clay, Onondaga County. Micron proposes to construct four fabrication buildings (commonly referred to as ‘fabs’), associated support facilities, stormwater management areas, driveways, parking lots, a childcare facility on a separate parcel on the east side of Caughdenoy Road, and a rail spur on a separate property on the west side of Caughdenoy Road.
The fabs would be built sequentially from west to east which would result in continuous construction activity on the Micron Campus from 2025 to 2041
The proposed project would impact 176.44-acres of NY State regulated freshwater wetlands, 193.38-acres of Federally regulated wetlands, and 6,413 linear feet of Federally jurisdictional streams. Approximately 174.77-acres of Federally regulated wetlands overlap with NY State regulated wetlands. Micron applied to DEC for a 401 Water Quality Certification associated with the proposed discharges of fill into the water of the U.S. and the associated U.S. Army Corps of Engineers Section 404 permit application. Under Section 401 of the Clean Water Act, a federal agency may not issue a permit or license to conduct any activity that may result in any discharge into waters of the United States unless a Section 401 water quality certification is issued.
Micron and The Wetland Trust, Inc. (TWT), propose to create, restore, and enhance wetlands on six properties within Oswego County to compensate for the loss of wetlands and streams resulting from the proposed project. Micron and TWT are co-applicants for the freshwater wetland permits required for wetland mitigation activities under the following DEC ID #s:
• 7-3554-00274/00001; Buxton Creek Site, 184-246 Bell Rd, town of Schroeppel, Oswego County-116.4 acres of wetland mitigation, 8,617 linear feet of stream mitigation
• 7-3554-00275/00001; Fish Creek Site, 184 Godfrey Rd, town of Schroeppel, Oswego County, 20-acres of wetland mitigation, 5,413 linear feet of stream mitigation
• 7-3554-00276/00001; Oneida River Site, 355 Center Rd, town of Schroeppel, Oswego County, 191.4-acres of wetland mitigation
• 7-3554-00277/00001; Six Mile Creek Site168 Biddlecum Rd, town of Schroeppel, Oswego County 44.5-acres of wetland mitigation
• 7-3532-00242/00001; Lower Caughdenoy Creek Site, 195 County Rd 37, town of Hastings, Oswego County 58-acres of wetland mitigation
• 7-3599-00056/00001; Upper Caughdenoy Creek Site, 557 County Route 33, towns of Hastings, Schroeppel, and Palermo, 60.6-acres of wetland mitigation
Additionally, the proposed project would impact 614-acres of NYS Threatened Northern Harrier (Circus cyaneus) and Short-eared Owl (Asio flammeus) habitat. Micron’s Incidental Take of Threatened or Endangered Species permit application contains a net conservation benefit plan to purchase and permanently protect 653 total acres of suitable offsite habitat on seven properties and a commitment to restore and manage that habitat as grassland for 15 years.
SEQRA Status:
SEQR Lead Agency: Onondaga County Industrial Development Agency (OCIDA)
SEQR Lead Agency Determination: Positive Declaration
The Proposed Project, and associated connected actions, are subject to review under the State Environmental Quality Review Act (SEQRA) and the National Environmental Policy Act (NEPA). This project is a Type 1 action for SEQR, and a SEQR lead agency was coordinated.
On June 25, 2025, OCIDA, as joint lead agency with the Creating Helpful Incentives to Produce Semiconductors (CHIPS) Program Office (CPO) created by the United States Department of Commerce, accepted for public review and comment the Draft Environmental Impact Statement (Draft EIS) for the proposed Micron New York Semiconductor Manufacturing Project.
How to obtain application materials:
Application documents are available for inspection during normal business hours at:
• NYSDEC Region 7 office located at 5786 Widewaters Parkway, Syracuse, NY 13214. To ensure timely service at the time of inspection, it is recommended that an appointment be made by calling 315-426-7401.
• Northern Onondaga Public Library (NOPL) Cicero Branch, 8686 Knowledge Lane, Cicero, NY 13039
• Northern Onondaga Public Library (NOPL) North Syracuse Branch, 100 Trolley Barn Lane, North Syracuse, NY 13212
• Northern Onondaga Public Library (NOPL) Brewerton Branch, 5440 Bennett St, Brewerton, NY 13029
Electronic copies of the application material are available at https://www.micron.com/us-expansion/ny
Public Comment Hearing: Persons wishing to comment on the permit applications will have the opportunity to make a statement at public comment hearings. Two virtual public comment hearing sessions will be held before an Administrative Law Judge (ALJ). The virtual hearing sessions will be conducted electronically via the Webex Webinar platform as indicated below. Given the anticipated number of speakers who are likely to attend, the ALJ may need to limit the length of comments to three minutes per speaker.
Date and Time: Tues., Aug. 12, 2025 at 2 p.m.
Register link: https://meetny-gov.webex.com/weblink/register/r3470566e66369492dd11ea3b…
Webinar number (access code): 2830 265 8595
Webinar password: Welcome1 (93526631 when dialing from a phone or video system)
Join by phone: +1-415-527-5035 United States Toll
Date and Time: Wed., Aug. 13, 2025 at 6 p.m.
Register link: https://meetny-gov.webex.com/weblink/register/r0705ce42af95a411e754cbd3…
Webinar number (access code): 2831 698 3710
Webinar password: Welcome1 (93526631 when dialing from a phone or video system)
Join by phone: +1-415-527-5035 United States Toll
When registering, persons will be asked whether they wish to make a public statement. Once registration is complete, they will receive an email confirmation regarding how to join the hearing. All participants will be muted upon entry into the hearing. Speakers will be called in the order they registered, with elected officials being called first. The ALJ may restrict the time available to ensure that all persons will have an opportunity to be heard or other reasonable arrangements have been made to include their comments in the record. It is recommended that lengthy comments be submitted in writing. Equal weight will be given to both oral and written comments. Each hearing session will be recorded for inclusion in the record.
The electronic format is reasonably accessible to persons with impaired mobility.
For any public comment hearing session, language interpretation services will 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 Comments: Individuals and parties may mail written comments to the Contact Person listed below or may submit comments electronically to [email protected]. All comments submitted by mail must be postmarked by September 1, 2025. All comments submitted electronically must be received by 5pm on September 1, 2025. EQUAL WEIGHT IS GIVEN TO WRITTEN AND ORAL COMMENTS.
Contact:
Kevin Balduzzi
Regional Permit Administrator
NYSDEC Region 7 Office
5786 Widewaters Parkway
Syracuse, New York, 13214-1867
[email protected]
315-426-7438
*This hearing has been adjourned and will not proceed as scheduled*
New York State Department of Environmental Conservation
Notice of Public Comment Period, Public Comment Hearing, Deadline For Petitions For Party Status And Issues Conference
Applicants:
Carol & Anthony Cassara
39 Whispering Winds Lane
Rochester, NY 14618
Deborah Conley
6267 Crosby Rd.
Lockport, NY 14094
Project Location:
5368, 5370, 5372 & 5374 Burns Point Road
Richmond, NY 14471
DEC Applications:
Article 15 Excavation and Fill Permits
DEC ID Nos. 8-3242-00265/00001; 8-3242-00266/00001;
8-3242-00267/00001; 8-3242-00268/00001
Project Description: The applicants applied to the New York State Department of Environmental Conservation (Department or DEC) for Article 15 Excavation and Fill Permits with respect to four properties to construct a new concrete breakwall on Honeoye Lake in the Town of Richmond, Ontario County. Department staff determined that the applications were complete on March 13, 2025. The Department denied the permits by letters dated March 28, 2025. Department staff determined that the projects as proposed were not in the public interest because they were not reasonable or necessary and would cause unreasonable, uncontrolled or unnecessary damage to the natural resources of the State. Specifically, the Department staff determined that the applications and associated submittals failed to consider alternative locations landward of the mean high water level for construction of a new shoreline protection structure, failed to consider alternatives to a vertical breakwall with toe stone at the properties and failed to meet the “reasonable” and “necessary” standard as the proposed projects were not the only practicable alternative to achieve the goal of recovering land lost to erosion. Applicants requested a hearing based upon the denial on April 25, 2025.
SEQRA Status: In its role as Lead Agency under SEQRA (ECL article 8 [State Environmental Quality Review Act]), Department staff determined the proposed project to be an unlisted action and issued a negative declaration on May 24, 2024.
How to obtain application materials: Project materials are available at the Department’s Region 8 office, by appointment only,
NYSDEC Region 8
Avon Office – Main Headquarters
6274 E. Avon-Lima Rd.
Avon, NY 14414-9516
Contact Danielle Meyers 585-226-5399
[email protected]
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, October 22, 2025, at 10:00 a.m. The hearing will be conducted by Administrative Law Judges David N. Greenwood (Cassara Applications) and Jennifer M. Ukeritis (Conley Application) at the Town of Richmond Town Hall located at 8690 Main Street, Honeoye, New York 14471.
All persons, organizations, corporations, or government agencies who may be affected by the project are invited to attend the hearing and comment on the applications and the requests 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, 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 applications and requests for a hearing must be postmarked by Wednesday October 22, 2025, and mailed to Administrative Law Judge David N. Greenwood at DEC’s Office of Hearings and Mediation Services, 1st Floor, 625 Broadway, Albany, NY, 12233-1550, or emailed to ALJ Greenwood at [email protected] by 5:00 p.m. on October 22, 2025. Please include “Cassara and Conley Comments” in the subject. Written statements will be considered equally with oral statements given at the public comment hearing, provided they are postmarked by October 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 ALJs Greenwood and Ukeritis at the Town of Richmond Town Hall located at 8690 Main Street, Honeoye, New York 14471 on October 22, 2025, immediately after the public comment hearing. 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 denial of the permits, 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 ALJs determine that there are adjudicable issues, the adjudicatory hearing will proceed as indicated below 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 Friday October 10, 2025.
Address all petitions concerning the Cassara applications to:
Administrative Law Judge David. N. Greenwood
DEC’s Office of Hearings and Mediation Services
1st Floor, 625 Broadway, Albany, NY, 12233-1550
email: [email protected]
Address all petitions concerning the Conley application to:
Administrative Law Jennifer M. Ukeritis
DEC’s Office of Hearings and Mediation Services
1st Floor, 625 Broadway, Albany, NY, 12233-1550
email: [email protected]
At the same time and in the same manner that the petition is furnished to the ALJs, a copy of the petition must be furnished to the following parties:
Cassara applicant’s attorneys:
McConville, Considine, Cooman & Morin, PC
300 Meridian Centre Boulevard, Suite 110
Rochester, NY 14618
email: [email protected]
Conley applicant’s attorney:
Mitchell L. Altman-Cosgrove, Esq.
Attorney at Law
60 Lake Front Blvd.
Buffalo, NY 14202
email: [email protected]
Department Staff's Attorney:
Dusty R. Tinsley, Esq.
Assistant Regional Attorney
NYSDEC Region 8, Avon Office – Main Headquarters
6274 E. Avon-Lima Rd., Avon, NY 14414-9516
email: [email protected]
Any questions about the filing requirements or other hearing procedures may be addressed to ALJ Greenwood by telephone at (518) 402-9003. View DEC’s permit hearing regulations and a guide to permit hearing procedures.
Statement of Issues: Applicants must submit a statement of issues no later than 5:00 p.m. on Friday, October 10, 2025, addressed to the ALJs 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 October 17, 2025.
Responses: Department staff may submit a response to applicants’ statement of issues and Department staff and applicants may submit responses to petitions for party status provided they are submitted no later than 5:00 p.m. on Friday, October 17, 2025. Responses must also be provided to all persons who filed petitions for party status no later than October 17, 2025.
Filing by Email: Filing of petitions for party status, applicants’ statement of issues and responses from Department staff and applicants 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.
Adjudicatory Hearing: An adjudicatory hearing will be held immediately following the issues conference on Wednesday October 22, 2025, and continuing as necessary.
Statutory and Regulatory Provisions: This proceeding is being conducted according to ECL article 3, title 3 (General Functions), ECL article 70 (Uniform Procedures); 6 NYCRR part 621 (Uniform Procedures), part 624 (Permit Hearing Procedures), and part 608 (Use and Protection of Waters).
David. N. Greenwood
Administrative Law Judge
Jennifer M. Ukeritis
Administrative Law Judge
September 11, 2025
Albany, New York
__________________________________________________________________
Hearing held in abeyance pending resolution of stipulation
New York State Department of Environmental Conservation Notice of Evidentiary Hearing
Applicant:
Greenidge Generation LLC
590 Plant Road, PO Box 187
Dresden, NY 14441
Facility:
Greenidge Generation Station
590 Plant Road
Dresden, NY 14441
Applicant’s Attorney:
Yvonne Hennessey, Esq.
Barclay Damon LLP
80 State Street
Albany, NY 12207
DEC Application: Article 19 Air Title V Facility (ID No. 8-5736-00004/00017)
Project Description:
Greenidge Generation LLC (Greenidge) filed an application to renew its Title V air permit 8- 57360-00004/00017, effective September 7, 2016, for the continued operation of a natural gas-fired electric generating facility (facility) in the Town of Torrey, Yates County, on Seneca Lake.
The facility is a primarily natural gas-fired electric generating plant, with a generating capacity of approximately 107 megawatts (MW) with a maximum heat input which is limited to 1,117 million BTUs per hour.
The renewal application requests renewal of the existing permit, with revisions limited to:
removal of the diesel fire pump permit conditions because the diesel fire pump has been taken out of service and removed from the facility, and minor revisions to the monitoring requirements for particulate emissions (PM-10, PM-2.5 and Particulates), which includes the use of a flowmeter for the facility to demonstrate continuous compliance with the existing PM-10, PM‑2.5 and Particulates permit conditions.
Proceedings:
On September 8, 2021, the New York State Department of Environmental Conservation (DEC or Department) issued a combined notice titled, Notice of Complete Application, Availability of Draft Permits and Announcement of Virtual Legislative Public Comment Hearings, in the Environmental Notice Bulletin (ENB) commencing the public review and comment period for the referenced permit and associated application materials.
Virtual legislative public comment hearings were held on October 13, 2021. The DEC Division of Environmental Permits denied the renewal request on June 30, 2022, pursuant to title 6 of the Official Compilation of Codes, Rules, and Regulations of the State of New York (6 NYCRR) 621.10(f). The denial was based on the determination that the facility’s continued operation would be inconsistent with or would interfere with the attainment of the Statewide greenhouse gas (GHG) emission limits established in article 75 of the Environmental Conservation Law (Climate Leadership and Community Protection Act) and reflected in 6 NYCRR Part 496. On July 28, 2022, Greenidge Generation, LLC filed a hearing request on the denial.
The Department Office of Hearings and Mediation Services (OHMS) held virtual public comment hearings on October 24, 2022 and an issues conference on December 8, 2022 and January 4, 2023. On September 13, 2023, the administrative law judge (ALJ) issued a ruling granting party status to petitioners Seneca Lake Guardian, The Committee to Preserve the Finger Lakes, Fossil Free Tompkins, and Sierra Club-Atlantic Chapter, and ruling that an evidentiary hearing would be held. For more details, see https://dec.ny.gov/sites/default/files/2025-04/greenidgeid.pdf.
Current Notice:
This Notice serves to provide the parties and the public notification that the Department will hold an evidentiary hearing.
SEQRA Status:
In its role as Lead Agency under SEQRA (ECL article 8 [State Environmental Quality Review Act]), Department staff determined the proposed project to be a Type II Action as described under 6 NYCRR 617.5(c)(32) because it is a permit renewal application.
Document Availability:
Filed application documents, draft permit, and notice of denial are available for review at https://dec.ny.gov/regulatory/permits-licenses/notable-projects-documentation/greenridge-generation-station . For further information, contact Daniel Whitehead, Director, NYSDEC Division of Environmental Permits, 625 Broadway, Albany, NY 12233-1750, Phone: (518) 402-9167, E-mail: [email protected].
Statutory and Regulatory Provisions:
This proceeding is being conducted according to ECL article 3, title 3 (General Functions), ECL article 19 (Air Pollution Control), ECL article 70 (Uniform Procedures), ECL article 75 (CLCPA); 6 NYCRR part 621 (Uniform Procedures), part 624 (Permit Hearing Procedures), and part 201-6 (Air Title V); and 40 CFR 72 through 78.
Hearing Date and Time:
Hearing held in abeyance pending resolution of stipulation.
Hearing Location:
New York State Department of Environmental Conservation
625 Broadway
Albany, NY 12233
Parties and members of the public wishing to observe the hearing should check in with photo identification at the security desk on the first floor to obtain a visitor pass and to be directed to the hearing room.
Pursuant to Section 301 of the State Administrative Procedures Act, any party may request a qualified interpreter to interpret the proceedings and testimony to any deaf person who is to appear for the hearing as a party or witness, at no charge. Requests for interpreter services for the deaf should be submitted at least ten calendar days before the hearing to: NYSDEC, Office of Hearings and Mediation Services, 625 Broadway, Albany, New York 12233-1550, e-mail ([email protected]), or phone (518) 402-9003.
Elizabeth Phillips
Administrative Law Judge
May 7, 2025
Amended June 26, 2025
Albany, New York
None
None.
