Department of Energy
Federal Energy Regulatory Commission
- [Project No. 12635-002]
On October 30, 2020, Moriah Hydro Corporation notified the Federal Energy Regulatory Commission that it submitted an application for a Clean Water Act section 401(a)(1) water quality certification to the New York State Department of Environmental Conservation (New York DEC) that same day, in conjunction with the above captioned project. Pursuant to 40 CFR 121.6, we hereby notify New York DEC of the following:
If New York DEC fails or refuses to act on the water quality certification request by the above waiver date, then the agency certifying authority is deemed waived pursuant to section 401(a)(1) of the Clean Water Act, 33 U.S.C. 1341(a)(1).
Date of Receipt of the Certification Request: October 30, 2020
Reasonable Period of Time to Act on the Certification Request: One year
Date Waiver Occurs for Failure to Act: October 30, 2021
Dated: November 13, 2020.
Nathaniel J. Davis, Sr.,
Deputy Secretary.