Town of Copake Town Hall
230 Mountain View Road
Copake, NY 12516
United States
The Administrative Law Judges will convene an adjudicatory hearing to consider the foregoing issues and any substantive and significant issues that may arise in public comments on the revised draft permit included with this Notice. The adjudicatory hearing will commence at the Town of Copake Town Hall, commencing on September 14, 2026 at 10:00 a.m. and continuing, as necessary, on consecutive days thereafter.
The Interim Decision found that an adjudicatory hearing was necessary in this proceeding to develop the factual record on the following issues:
I. (1) Whether the project application demonstrates proper delineation of all jurisdictional wetlands, identifies all potential wetlands impacts, and proposes appropriate avoidance, minimization, and/or mitigation measures of such impacts;
(2) Whether the project application demonstrates compliance with applicable wetlands laws and regulations;
(3) Whether the draft permit conditions effectively assure compliance with applicable wetlands laws and regulations, including the imposition of appropriate avoidance, minimization, and/or mitigation measures;
II. (1) Whether the application identifies and addresses the project’s impacts to Federal Emergency Management Administration (FEMA) designated flood zones;
(2) Whether the application demonstrates substantive compliance with Copake local law Chapter 135 governing development in FEMA designated flood zones.
III. (1) Whether a major project modification may be necessary;
(2) Whether the imposition of additional site-specific conditions should be required;
(3) Whether permit denial is warranted.
In accordance with the Interim Executive Director’s Interim Decision, the parties to the adjudicatory hearing include ORES staff, the Applicant, and the Town of Copake. In preparation for the hearing, those parties are directed to limit the presentation of evidence to the foregoing issues and to demonstrate compliance or lack thereof with applicable State and local law, including ECL Article 24, the ORES regulations governing wetlands, and Town of Copake Chapter 135 governing flood plain protections. Any factual or legal issues not addressed in the Interim Decision will not be considered in the adjudicatory hearing process.
Matter 24-03041 - Application of HECATE ENERGY COLUMBIA COUNTY 1, LLC for a Major Renewable Energy Facility Siting Permit Pursuant to Article VIII of the New York State Public Service Law to Develop, Design, Construct, Operate, Maintain, and Decommission a 42-Megawatt (MW) Solar Energy Facility Located in the Town of COPAKE, COLUMBIA COUNTY.