This post is about How the State agencies responded to our Joint Application Form that we’ve submitted on February 20th, 2020 to apply for 401 水的质量 Certification, 《williamhil娱乐》第404条的许可证, 和沿海一致性并发(见 状态和本地允许-步骤2 详情).
These three topics remain under State jurisdiction despite the rest of our 12 kW micro-hydropower project on the 看到杀 being regulated by the Federal Energy Regulatory Commission (联邦能源管理委员会, 看到 The Licensing of Small/Low-Impact Hydropower 项目s 要了解更多).
We used the State agencies’ joint application form to apply for all three permits simultaneously and these are the three very different responses we’ve received.
Coastal Consistency Concurrence – Department of State
We’re very happy after all the work we’ve put in to minimize the project’s local environmental impact, that the New York State Department of State (NYSDOS) informed us on April 16, 2020 that it has completed the consistency certification review regarding …
“consistency with the enforceable coastal policies of the New York Coastal Management Program and the Red Hook Local Waterfront Revitalization Program. 根据CFR第15部分930.62, and based upon the project information submitted, the Department of State concurs with the Applicant’s consistency certification for this activity.”
作为联邦许可程序的一部分, we’ve shared the State’s response via the 联邦能源管理委员会 eLibrary system on April 21, 2020, 在哪里 该通知是公开的，如果你感兴趣的话.
与美国的进程.S. 美国陆军工程兵团 (USACE) was a little less satisfying, as we did not receive a “go ahead”. Instead April 10th (45 days since application) came without a response from the Corps which means authorization by default.
具体地说, this is in accordance with the current nationwide general permit regulations (Federal Register dated January 6, 2017, pages 1860 to 2008): if the Corps of Engineers district does not respond to a pre-construction notification within 45 days of receipt, then the applicant may proceed with the project as proposed.
How does this apply to our 404 Clean Water Act joint application? Our 404 Clean Water Act application is for a hydropower project that falls under the 在全国范围内允许 程序. These permits generally allow certain activities to move forward if they fall under specific size and impact thresholds. Many of these 在全国范围内允许s require pre-construction notifications, meaning the applicant has to describe the project to the Corps before commencing any work. This is what we did in conjunction with our joint application.
The authorization by default helps the Corps to handle the work load associated with the sheer number of pre-construction notifications they receive and gives the public some degree of certainty (regarding time line). This makes sense in the self-assessment spirit of the nationwide permit 程序. So even though we didn’t receive a “go ahead” letter, williamhil娱乐平台现在可以开始了, 如果不是因为…
Section 401 Clean Water Act – NYS Department of williamhil娱乐平台al Conservation
While we were very happy to share the NYSDOS’s response with you, and a little less excited about the USACE’s authorization by default, we also want to let you know that there is not much to report on about our process with the Department of williamhil娱乐平台al Conservation (NYSDEC).
The reason is that the application review process requires that a Notice of Complete Application (NOCA) must be issued to allow for public comment on the project before the 水的质量 Certification can be issued. The regulations require that the environmental review for a project be complete before the NOCA is issued. For 联邦能源管理委员会 hydropower projects the NYSDEC waits for the 联邦能源管理委员会 to issue an environmental impact statement for a project in order to consider the application complete.
In other words: Our application is considered incomplete until 联邦能源管理委员会 shares their environmental impact statement for our project with the NYSDEC. Based on that impact statement, the NYSDEC will issue a public notice and allow for public comment. Following the review of comments received the 水的质量 Certification will move forward.
So I guess, we’ll have to keep you posted on this one.