United States Department of the Interior
`OFFICE OF THE SECRETARY
`Office of Environmental Policy and Compliance
`5 Post Office Square, Room 18011
`Boston, MA 02109
`
`April 14, 2023
`
`4111
`IN REPLY REFER TO:
`ER 21/0040-0042
`
`Vincent Sapienza, PE
`Commissioner
`New York City Department of Environmental Protection
`59-17 Junction Blvd
`Flushing, NY 11373
`
`Subject:
`
`FERC Project No: 9690-115
`FERC Project No: 10481-069
`FERC Project No: 10482-122
`
`Dear Commissioner Sapienza:
`
`This letter follows up on my July 14, 2021, correspondence in response to your June 17, 2021,
`letter to Secretary of the Interior Deb Haaland regarding the Settlement Agreement (Settlement)
`filed by Eagle Creek Renewable Energy (Eagle Creek) for its three hydropower projects on the
`Mongaup River in Sullivan and Orange counties, New York. In our letter, we discussed the U.S.
`Department of the Interior’s (Department) support for the Settlement, concerns raised by the City
`of New York (City), and our commitment to further discussions as reflected in the July 22, 2021,
`meeting with your staff, the U.S. Fish and Wildlife Service and the National Park Service.
`
`During the July 22, 2021, meeting, your staff along with staff from the Delaware River Basin
`Commission (DRBC) proposed to develop a model to further understand the potential impacts of
`the Settlement on water management in the Delaware River Basin. The City and DRBC
`discussed and presented the model to Department staff on December 7, 2021. Further
`clarification was requested by the City regarding the language in the Settlement to support the
`modeling effort. In response, the Settlement parties have developed an Errata to the Settlement to
`formalize these clarifications in the Settlement. We acknowledge that the complex regulation of
`the Projects still present difficulties for modeling the Delaware River Basin system; however,
`the Settlement conditions increasing reporting by Eagle Creek, as requested by the City, should
`improve the accuracy of these efforts when compared to the current license conditions. The
`Office of the Delaware River Master will work with Eagle Creek Hydro after the issuance of a
`new license to develop a methodology for calculation of Callicoon flows within 180 days of
`license issuance.
`
`During the second half of 2021, and in 2022, Department staff engaged in discussions with the
`DRBC to address DRBC’s statutory authority and regulation of the watershed under drought
`conditions, concerns which were shared by the City. As a result of these discussions, the
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`Settlement parties developed an Addendum to the Settlement acknowledging these authorities,
`which both the DRBC and the City support.
`
`Both the Errata and Addendum were filed by Eagle Creek Hydro with the Federal Energy
`Regulatory Commission on March 22, 2023. We appreciate your staff’s efforts to review and
`provide comments on these documents.
`
`We are aware that concerns remain regarding the regulation of the projects and the Settlement’s
`consideration of flows in the Delaware River, for the protection of the federally endangered
`dwarf wedgemussel (Alasmidonta heterodon). In our continued efforts to protect the dwarf
`wedgemussel and other listed species in the Delaware River Watershed, the Department looks
`forward to working with the City and other members of the Decree Parties1 to support your
`commitment to consider endangered species in the implementation and possible future
`modifications of the Flexible Flow Management Program (FFMP), as described in section IV.3
`and IV.6 of the FFMP 2017.
`
`Thank you for your attention to the Settlement and your efforts to develop the model. The
`Department continues to support the Settlement, which we believe has been improved by the
`City’s participation. We look forward to our continuing relationship regarding the resources
`we all strive to protect in the Delaware River Basin. If you have any questions, please contact
`John Wiley at john_wiley@fws.gov or 607-753-9334. Please contact me at
`andrew_raddant@ios.doi.gov or 617-223-8565 or if I can be of further assistance.
`
`Sincerely,
`
`Andrew L. Raddant
`Regional Environmental Officer
`
`Electronic distribution: vsapienza@dep.NYC.gov
` https://ferconline.ferc.gov/FERCOnline.aspx
`
`1 The Decree Parties to the 1954 U.S. Supreme Court Decree include the State of Delaware, the State of New Jersey,
`the State of New York, the Commonwealth of Pennsylvania, and the City.
`
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