On May 28, 2025, the New York State Department of Environmental Conservation (New York DEC) submitted to the Federal Energy Regulatory Commission (Commission) notice that it received a request for a Clean Water Act section 401(a)(1) water quality certification as defined in 40 CFR 121.5, from Lyonsdale Associates, LLC, in conjunction with the above captioned project on May 27, 2025. Pursuant to the Commission's regulations,[1] we hereby notify New York DEC of the following.
Date of Receipt of the Certification Request: May 27, 2025.
Reasonable Period of Time to Act on the Certification Request: One year, May 27, 2026.
If New York DEC fails or refuses to act on the water quality certification request on or before the above date, then the certifying authority is deemed waived pursuant to section 401(a)(1) of the Clean Water Act, 33 U.S.C. 1341(a)(1).
Dated: May 28, 2025.
Debbie-Anne A. Reese,
Secretary.