ALASKA DEPARTMENT OF ENVIRONMENTAL CONSERVATION

Notice of Amended Stay Briefing Schedule for Request for Stay of DEC Water Division’s Issuance of APDES Aquaculture General Permit AKG130000

September 25, 2023

Requesters –                 Sven Brandt-Erichsen on behalf of Southern Southeast Regional Aquaculture Association, Inc.; Northern Southeast Regional Aquaculture Association, Inc.; Kodiak Regional Aquaculture Association, Inc.; Cook Inlet Aquaculture Association, Inc.; Prince William Sound Aquaculture Corporation                                               

Contested Decision –     The Alaska Department of Environmental Conservation (DEC) Water Division (Division) issued an APDES General Permit for Aquaculture Facilities, AKG130000 (“Aquaculture General Permit”).

Location –                    Statewide

Background –               The Requesters contest certain conditions of this permit and requests a partial stay of the permit during the pendency of the adjudicatory hearing process

On August 21, 2023, Requestors requested a partial stay pursuant to 18 AAC 15.210 of the Aquaculture General Permit’s pH limits and its requirements for monitoring of the sea floor below net pens.  On August 31, 2023, DEC issued a Notice of Request for Stay on DEC Water Division’s Issuance of APDES Aquaculture General Permit AKG130000, indicating that a partial stay had been requested and providing a briefing schedule with Responses due October 2, 2023, and optional replies due October 23, 2023. This Notice amends those dates.  Effective upon issuance of this Notice, the following briefing schedule is set:

• Responses must be received on or before Wednesday, September 27, 2023.
• There will be no Reply opportunity.

Copies of the adjudicatory hearing request and request for stay can be viewed on DEC’s web site at https://dec.alaska.gov/commish/review-guidance.htm.  Copies may also be obtained by writing to Gary Mendivil, Hearing Liaison, Office of the Commissioner, Department of Environmental Conservation, P.O. Box 111800, Juneau, AK 99811-1800; by phoning Mr. Mendivil at (907) 465-5061; by faxing a request to (907) 465-5070; or by email to Gary.Mendivil@alaska.gov.

As provided in 18 AAC 15.210, responses must be served on the Commissioner, the stay requester, the permit applicant or permittee, and the Division in the manner required under         18 AAC 15.340.  The Commissioner’s Office may be served by email to Gary.Mendivil@alaska.gov, by mail to Gary Mendivil, Hearing Liaison, Office of the Commissioner, Department of Environmental Conservation, Post Office Box 111800, Juneau, AK 99811-1800, or by facsimile to (907) 465-5070.

DEC complies with Title II of the Americans with Disabilities Act of 1990. If you are a person with a disability who may need a special accommodation in order to participate in this process, please contact Meg Kohler at (907) 269-4198.