NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION

Office of the General Counsel, Deputy Commissioner & General Counsel

625 Broadway, 14th Floor, Albany, New York 12233-1010
P: (518) 402-9185 I F: (518) 402-9018
www.dec.ny.gov

NOV l 7 2016
Terrance Doyle, Manager Environmental Permitting
Algonquin Gas Transmission, LLC
Spectra Energy Partners
890 Winter Street
Waltham, MA 02451
RE:

Atlantic Bridge Project- FERC Docket No. CP16-9

Application for Section 401 Water Quality Certification,
Freshwater Wetlands and Protection of Waters Permit

Dear Mr. Doyle:

On November 18, 2015 Algonquin Gas Transmission, LLC and Maritimes &
Northeast Pipeline, LLC ("Applicant") submitted an application ("Application") for a federal
Clean Water Act ("CWA") 401 Water Quality Certificate ("WQC") (33 USC 1341) to the
New York State Department of Environmental Conservation ("NYSDEC") for the
proposed Atlantic Bridge Project ("Project"). The Project is the replacement of 4.0 miles
of an existing 26" diameter pipeline with a 42" diameter pipeline in the Towns of Yorktown
and Sommers, Westchester County, New York, that will provide additional capacity of
132,700 dekatherms/day of additional natural gas capacity. Pursuant to the CWA,
NYSDEC must determine whether to issue a certification verifying that an activity which
results in a discharge into navigable waters - such as the Project - meets State water
quality standards before a federal license or permit for such activity can be issued.
On December 3, 2015, NYSDEC issued a Notice of Incomplete Application
("NOIA") to the Applicant stating that the Application was incomplete pending issuance of
an Environmental Assessment ("EA") or Draft Environmental Impact Statement by the
Federal
- - -- - - - -- Enerav
-- '-'J Reaulatorv Commission ("FERC"). FERC issued an EA for the Proiect on
May 2, 2016 and, after review of the EA, NYSDEC issued Notice of Complete Application
on September 29, 2016.
\J

.I

'

"

This letter is to advise the Applicant that, pursuant to Section 401 (a)(1) of the CWA,
NYSDEC has until May 1, 2017 (one year from the date a complete application was
received) to either approve or deny the Application. 1 NYSDEC reminds the Applicant
1

33 USC 1341 (a)(1) provides that the State "shall establish procedures for public notice ... and, to the
extent it deems appropriate, procedures for public hearings in connection with specific applications." 6
NYCRR 621.8(a) further provides that NYSDEC conduct a public hearing on certain projects, but only
after an application is deemed complete. In order to comply with the state requirements that are explicitly
authorized by 33 USC 1341, the time to act must necessarily be triggered by completeness. Moreover,
the State cannot be required to make a decision on an application until it has had "a reasonable period of
fNEWYORK

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I Deoartment of

Env1ronmenta1
Conservation

that, regardless of any action by FERC, including an issuance of a Certificate of Public

Convenience and Necessity, no construction activities may commence with respect to the
Project unless the Application is approved and NYSDEC issues a WQC. This letter does
not constitute waiver of any NYSDEC jurisdiction, including, but not limited to, its
jurisdiction under the CWA.
If you have questions, please feel free to contact the project manager, Mike
Higgins, at (518) 402-9179, or mike.higgins@dec.nv.gov; or Sita Crounse, Office of
General Counsel at (518) 402-9198 or sita.crounse@dec.ny.gov.

Thomas S. Berkman
Deputy Commissioner
and General Counsel

ecc:

FERC
Mike Higgins, NYSDEC

time (which shall not exceed one year)" to review a complete application, otherwise applicants could
frustrate the State's mandate to make WQC determination by completing an application 364 days after
submitting an incomplete and deficient application. 33 USC 1341 (a)(1 ).