82_FR_25893 82 FR 25787 - Eagle Creek Hydro, LLC; Notice of Intent To File License Application, Filing of Pre-Application Document (PAD), Commencement of Pre-Filing Process, and Scoping; Request for Comments on the PAD and Scoping Document, and Identification of Issues and Associated Study Requests

82 FR 25787 - Eagle Creek Hydro, LLC; Notice of Intent To File License Application, Filing of Pre-Application Document (PAD), Commencement of Pre-Filing Process, and Scoping; Request for Comments on the PAD and Scoping Document, and Identification of Issues and Associated Study Requests

DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission

Federal Register Volume 82, Issue 106 (June 5, 2017)

Page Range25787-25788
FR Document2017-11537

Federal Register, Volume 82 Issue 106 (Monday, June 5, 2017)
[Federal Register Volume 82, Number 106 (Monday, June 5, 2017)]
[Notices]
[Pages 25787-25788]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-11537]


-----------------------------------------------------------------------

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 10481-067, Project No. 9690-112, and Project No. 10482-
117]


Eagle Creek Hydro, LLC; Notice of Intent To File License 
Application, Filing of Pre-Application Document (PAD), Commencement of 
Pre-Filing Process, and Scoping; Request for Comments on the PAD and 
Scoping Document, and Identification of Issues and Associated Study 
Requests

    a. Type of Filing: Notice of Intent to File License Application for 
New Licenses and Commencing Pre-filing Process.
    b. Project Nos.: 9690-112, 10481-067, 10482-117.
    c. Dated Filed: March 30, 2017.
    d. Submitted By: Eagle Creek Hydro Power, LLC, Eagle Creek Water 
Resources, LLC, and Eagle Creek Land Resources, LLC (collectively 
referred to as Eagle Creek Hydro).
    e. Name of Projects: Rio Hydroelectric Project (P-9690-112), 
Mongaup Falls Hydroelectric Project (P-10481-067), and Swinging Bridge 
Hydroelectric Project (P-10482-117).
    f. Location: The three projects are on the Mongaup River, in 
Sullivan County, New York and a portion of the Rio Project is located 
in Orange County, New York. The three projects occupy no federal lands.
    g. Filed Pursuant to: 18 CFR part 5 of the Commission's 
Regulations.
    h. Applicant Contact: Robert A. Gates, EVP Operations, Eagle Creek 
Renewable Energy, LLC, 116 North State Street, P.O. Box 167, Neshkoro, 
WI 54960-0167, (973) 998-8400, [email protected].
    i. FERC Contact: Quinn Emmering at (202) 502-6382 or email at 
[email protected].
    j. Cooperating agencies: Federal, state, local, and tribal agencies 
with jurisdiction and/or special expertise with respect to 
environmental issues that wish to cooperate in the preparation of the 
environmental document should follow the instructions for filing such 
requests described in item o below. Cooperating agencies should note 
the Commission's policy that agencies that cooperate in the preparation 
of the environmental document cannot also intervene. See 94 FERC ] 
61,076 (2001).
    k. With this notice, we are initiating informal consultation with: 
(a) The U.S. Fish and Wildlife Service and/or NOAA Fisheries under 
section 7 of the Endangered Species Act and the joint agency 
regulations thereunder at 50 CFR, part 402 and (b) the State Historic 
Preservation Officer, as required by section 106, National Historic 
Preservation Act, and the implementing regulations of the Advisory 
Council on Historic Preservation at 36 CFR 800.2.
    l. With this notice, we are designating Eagle Creek Hydro as the 
Commission's non-federal representative for carrying out informal 
consultation, pursuant to section 7 of the Endangered Species Act and 
section 106 of the National Historic Preservation Act.
    m. Eagle Creek Hydro filed with the Commission a Pre-Application 
Document (PAD; including a proposed process plan and schedule), 
pursuant to 18 CFR 5.6 of the Commission's regulations.
    n. A copy of the PAD is available for review at the Commission in 
the Public Reference Room or may be viewed on

[[Page 25788]]

the Commission's Web site (http://www.ferc.gov), using the ``eLibrary'' 
link. Enter the docket number, excluding the last three digits in the 
docket number field to access the document. For assistance, contact 
FERC Online Support at [email protected], (866) 208-3676 (toll 
free), or (202) 502-8659 (TTY). A copy is also available for inspection 
and reproduction at the address in paragraph h.
    Register online at http://www.ferc.gov/docs-filing/esubscription.asp to be notified via email of new filing and issuances 
related to this or other pending projects. For assistance, contact FERC 
Online Support.
    o. With this notice, we are soliciting comments on the PAD and 
Commission's staff Scoping Document 1 (SD1), as well as study requests. 
All comments on the PAD and SD1, and study requests should be sent to 
the address above in paragraph h. In addition, all comments on the PAD 
and SD1, study requests, requests for cooperating agency status, and 
all communications to and from Commission staff related to the merits 
of the potential application must be filed with the Commission.
    The Commission strongly encourages electronic filing. Please file 
all documents using the Commission's eFiling system at http://www.ferc.gov/docs-filing/efiling.asp. Commenters can submit brief 
comments up to 6,000 characters, without prior registration, using the 
eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. You 
must include your name and contact information at the end of your 
comments. For assistance, please contact FERC Online Support at 
[email protected]. In lieu of electronic filing, please send a 
paper copy to: Secretary, Federal Energy Regulatory Commission, 888 
First Street NE., Washington, DC 20426. The first page of any filing 
should include docket number(s) P-9690-112, P-10481-067, and/or 10482-
117.
    All filings with the Commission must bear the appropriate heading: 
``Comments on Pre-Application Document,'' ``Study Requests,'' 
``Comments on Scoping Document 1,'' ``Request for Cooperating Agency 
Status,'' or ``Communications to and from Commission Staff.'' Any 
individual or entity interested in submitting study requests, 
commenting on the PAD or SD1, and any agency requesting cooperating 
status must do so by July 29, 2017.
    p. Although our current intent is to prepare an environmental 
assessment (EA), there is the possibility that an Environmental Impact 
Statement (EIS) will be required. Nevertheless, this meeting will 
satisfy the NEPA scoping requirements, irrespective of whether an EA or 
EIS is issued by the Commission.

Scoping Meetings

    Commission staff will hold two scoping meetings in the vicinity of 
the project at the time and place noted below. The daytime meeting will 
focus on resource agency, Indian tribes, and non-governmental 
organization concerns, while the evening meeting is primarily for 
receiving input from the public. We invite all interested individuals, 
organizations, and agencies to attend one or both of the meetings, and 
to assist staff in identifying particular study needs, as well as the 
scope of environmental issues to be addressed in the environmental 
document. The times and locations of these meetings are as follows:

Daytime Scoping Meeting

    Date: Thursday, June 22, 2017.
    Time: 9:00 a.m.
    Location: Monticello Firehouse, 23 Richardson Ave., Monticello, New 
York 12701.
    Phone: (845) 794-5121.

Evening Scoping Meeting

    Date: Thursday, June 22, 2017.
    Time: 7:00 p.m.
    Location: Monticello Firehouse, 23 Richardson Ave., Monticello, New 
York 12701.
    Phone: (845) 794-5121.
    Scoping Document 1 (SD1), which outlines the subject areas to be 
addressed in the environmental document, was mailed to the individuals 
and entities on the Commission's mailing list. Copies of SD1 will be 
available at the scoping meetings, or may be viewed on the web at 
http://www.ferc.gov, using the ``eLibrary'' link. Follow the directions 
for accessing information in paragraph n. Based on all oral and written 
comments, a Scoping Document 2 (SD2) may be issued. SD2 may include a 
revised process plan and schedule, as well as a list of issues, 
identified through the scoping process.

Environmental Site Review

    The applicant and Commission staff will conduct an Environmental 
Site Review of the project on Wednesday, June 21, 2017, starting at 
8:00 a.m. for the Swinging Bridge Project and Wednesday, June 21, 2017, 
starting at 1:00 p.m. for the Mongaup Falls and Rio Projects. For the 
site visits, Eagle Creek Hydro has made arrangements with a bus company 
to provide transportation from the Monticello Walmart parking lot 
located at 41 Anawana Lake Road, Monticello, New York 12701. 
Participants should park in the remote parking lot located east of the 
store's main parking lot, between Walmart and the Burger King located 
along Route 42.
    Please note that the Swinging Bridge project will be visited in the 
morning with an hour-long break at about 12:00 p.m. After the break, 
the Mongaup Falls and Rio projects will be visited. No lunch is 
provided. Participants should make their own arrangements for lunch. 
Food services are available in the area.
    Please RSVP Jane Manibusan at (920) 293-4628 or 
[email protected] on or before June 12, 2017, if you plan 
to attend the environmental site review or have any questions.

Meeting Objectives

    At the scoping meetings, staff will: (1) Initiate scoping of the 
issues; (2) review and discuss existing conditions and resource 
management objectives; (3) review and discuss existing information and 
identify preliminary information and study needs; (4) review and 
discuss the process plan and schedule for pre-filing activity that 
incorporates the time frames provided for in Part 5 of the Commission's 
regulations and, to the extent possible, maximizes coordination of 
federal, state, and tribal permitting and certification processes; and 
(5) discuss the appropriateness of any federal or state agency or 
Indian tribe acting as a cooperating agency for development of an 
environmental document.
    Meeting participants should come prepared to discuss their issues 
and/or concerns. Please review the PAD in preparation for the scoping 
meetings. Directions on how to obtain a copy of the PAD and SD1 are 
included in item n. of this document.

Meeting Procedures

    The meetings will be recorded by a stenographer and will be placed 
in the public records of the project.

Kimberly D. Bose,
Secretary.
[FR Doc. 2017-11537 Filed 6-2-17; 8:45 am]
 BILLING CODE 6717-01-P



                                                                                             Federal Register / Vol. 82, No. 106 / Monday, June 5, 2017 / Notices                                                   25787

                                                    associated with, but not a part of, the                               only when it determines that fairness so               received by the Secretary of the
                                                    decisional record of the proceeding.                                  requires. Any person identified below as               Commission. The communications
                                                    Unless the Commission determines that                                 having made a prohibited off-the-record                listed are grouped by docket numbers in
                                                    the prohibited communication and any                                  communication shall serve the                          ascending order. These filings are
                                                    responses thereto should become a part                                document on all parties listed on the                  available for electronic review at the
                                                    of the decisional record, the prohibited                              official service list for the applicable               Commission in the Public Reference
                                                    off-the-record communication will not                                 proceeding in accordance with Rule                     Room or may be viewed on the
                                                    be considered by the Commission in                                    2010, 18 CFR 385.2010.                                 Commission’s Web site at http://
                                                    reaching its decision. Parties to a                                     Exempt off-the-record                                www.ferc.gov using the eLibrary link.
                                                    proceeding may seek the opportunity to                                communications are included in the                     Enter the docket number, excluding the
                                                    respond to any facts or contentions                                   decisional record of the proceeding,                   last three digits, in the docket number
                                                    made in a prohibited off-the-record                                   unless the communication was with a
                                                                                                                                                                                 field to access the document. For
                                                    communication, and may request that                                   cooperating agency as described by 40
                                                    the Commission place the prohibited                                                                                          assistance, please contact FERC Online
                                                                                                                          CFR 1501.6, made under 18 CFR
                                                    communication and responses thereto                                   385.2201(e)(1)(v).                                     Support at FERCOnlineSupport@
                                                    in the decisional record. The                                           The following is a list of off-the-                  ferc.gov or toll free at (866) 208–3676, or
                                                    Commission will grant such a request                                  record communications recently                         for TTY, contact (202) 502–8659.

                                                                                   Docket No.                                                    File date                                Presenter or requester

                                                                                                                                              Prohibited

                                                    1. CP15–558–000 ..........................................................       5–19–2017                            Medical Society of New Jersey.

                                                                                                                                                 Exempt

                                                    1.   CP15–93–000 ............................................................    5–15–2017                            Ohio Environmental Protection Agency.
                                                    2.   CP15–558–000 ..........................................................     5–15–2017                            Newton Township, Bucks County, Pennsylvania.
                                                    3.   P–2100–000 ..............................................................   5–22–2017                            California State Legislature.1
                                                    4.   CP15–558–000 ..........................................................     5–23–2017                            Upper Makefield Township, Bucks County, Pennsyl-
                                                                                                                                                                            vania.
                                                    5. CP16–22–000 ............................................................      5–22–2017                            City of Bowling Green, Ohio.2
                                                    6. CP15–138–000 ..........................................................       5–24–2017                            U.S. House Representative Lou Barletta.
                                                         1 Assemblyman    James Gallaher and Senator Jim Nielsen.
                                                         2 Mayor   Richard A. Edwards and Council Member Michael Aspacher.


                                                      Dated: May 30, 2017.                                                Resources, LLC (collectively referred to               agencies should note the Commission’s
                                                    Kimberly D. Bose,                                                     as Eagle Creek Hydro).                                 policy that agencies that cooperate in
                                                    Secretary.                                                              e. Name of Projects: Rio Hydroelectric               the preparation of the environmental
                                                    [FR Doc. 2017–11538 Filed 6–2–17; 8:45 am]                            Project (P–9690–112), Mongaup Falls                    document cannot also intervene. See 94
                                                    BILLING CODE 6717–01–P
                                                                                                                          Hydroelectric Project (P–10481–067),                   FERC ¶ 61,076 (2001).
                                                                                                                          and Swinging Bridge Hydroelectric                        k. With this notice, we are initiating
                                                                                                                          Project (P–10482–117).                                 informal consultation with: (a) The U.S.
                                                    DEPARTMENT OF ENERGY                                                    f. Location: The three projects are on               Fish and Wildlife Service and/or NOAA
                                                                                                                          the Mongaup River, in Sullivan County,                 Fisheries under section 7 of the
                                                    Federal Energy Regulatory                                             New York and a portion of the Rio                      Endangered Species Act and the joint
                                                    Commission                                                            Project is located in Orange County,                   agency regulations thereunder at 50
                                                                                                                          New York. The three projects occupy no                 CFR, part 402 and (b) the State Historic
                                                    [Project No. 10481–067, Project No. 9690–                             federal lands.                                         Preservation Officer, as required by
                                                    112, and Project No. 10482–117]                                         g. Filed Pursuant to: 18 CFR part 5 of               section 106, National Historic
                                                    Eagle Creek Hydro, LLC; Notice of                                     the Commission’s Regulations.                          Preservation Act, and the implementing
                                                    Intent To File License Application,                                     h. Applicant Contact: Robert A. Gates,               regulations of the Advisory Council on
                                                    Filing of Pre-Application Document                                    EVP Operations, Eagle Creek Renewable                  Historic Preservation at 36 CFR 800.2.
                                                    (PAD), Commencement of Pre-Filing                                     Energy, LLC, 116 North State Street,                     l. With this notice, we are designating
                                                    Process, and Scoping; Request for                                     P.O. Box 167, Neshkoro, WI 54960–                      Eagle Creek Hydro as the Commission’s
                                                    Comments on the PAD and Scoping                                       0167, (973) 998–8400, bob.gates@                       non-federal representative for carrying
                                                    Document, and Identification of Issues                                eaglecreekre.com.                                      out informal consultation, pursuant to
                                                    and Associated Study Requests                                           i. FERC Contact: Quinn Emmering at                   section 7 of the Endangered Species Act
                                                                                                                          (202) 502–6382 or email at                             and section 106 of the National Historic
                                                      a. Type of Filing: Notice of Intent to                              quinn.emmering@ferc.gov.                               Preservation Act.
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                    File License Application for New                                        j. Cooperating agencies: Federal, state,               m. Eagle Creek Hydro filed with the
                                                    Licenses and Commencing Pre-filing                                    local, and tribal agencies with                        Commission a Pre-Application
                                                    Process.                                                              jurisdiction and/or special expertise                  Document (PAD; including a proposed
                                                      b. Project Nos.: 9690–112, 10481–067,                               with respect to environmental issues                   process plan and schedule), pursuant to
                                                    10482–117.                                                            that wish to cooperate in the                          18 CFR 5.6 of the Commission’s
                                                      c. Dated Filed: March 30, 2017.                                     preparation of the environmental                       regulations.
                                                      d. Submitted By: Eagle Creek Hydro                                  document should follow the                               n. A copy of the PAD is available for
                                                    Power, LLC, Eagle Creek Water                                         instructions for filing such requests                  review at the Commission in the Public
                                                    Resources, LLC, and Eagle Creek Land                                  described in item o below. Cooperating                 Reference Room or may be viewed on


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                                                    25788                           Federal Register / Vol. 82, No. 106 / Monday, June 5, 2017 / Notices

                                                    the Commission’s Web site (http://                      (EA), there is the possibility that an                 bus company to provide transportation
                                                    www.ferc.gov), using the ‘‘eLibrary’’                   Environmental Impact Statement (EIS)                   from the Monticello Walmart parking lot
                                                    link. Enter the docket number,                          will be required. Nevertheless, this                   located at 41 Anawana Lake Road,
                                                    excluding the last three digits in the                  meeting will satisfy the NEPA scoping                  Monticello, New York 12701.
                                                    docket number field to access the                       requirements, irrespective of whether an               Participants should park in the remote
                                                    document. For assistance, contact FERC                  EA or EIS is issued by the Commission.                 parking lot located east of the store’s
                                                    Online Support at                                                                                              main parking lot, between Walmart and
                                                    FERCONlineSupport@ferc.gov, (866)                       Scoping Meetings
                                                                                                                                                                   the Burger King located along Route 42.
                                                    208–3676 (toll free), or (202) 502–8659                   Commission staff will hold two
                                                    (TTY). A copy is also available for                     scoping meetings in the vicinity of the                   Please note that the Swinging Bridge
                                                    inspection and reproduction at the                      project at the time and place noted                    project will be visited in the morning
                                                    address in paragraph h.                                 below. The daytime meeting will focus                  with an hour-long break at about 12:00
                                                       Register online at http://                           on resource agency, Indian tribes, and                 p.m. After the break, the Mongaup Falls
                                                    www.ferc.gov/docs-filing/                               non-governmental organization                          and Rio projects will be visited. No
                                                    esubscription.asp to be notified via                    concerns, while the evening meeting is                 lunch is provided. Participants should
                                                    email of new filing and issuances                       primarily for receiving input from the                 make their own arrangements for lunch.
                                                    related to this or other pending projects.              public. We invite all interested                       Food services are available in the area.
                                                    For assistance, contact FERC Online                     individuals, organizations, and agencies                  Please RSVP Jane Manibusan at (920)
                                                    Support.                                                to attend one or both of the meetings,
                                                       o. With this notice, we are soliciting                                                                      293–4628 or Jane.manibusan@
                                                                                                            and to assist staff in identifying                     eaglecreekre.com on or before June 12,
                                                    comments on the PAD and                                 particular study needs, as well as the
                                                    Commission’s staff Scoping Document 1                                                                          2017, if you plan to attend the
                                                                                                            scope of environmental issues to be
                                                    (SD1), as well as study requests. All                                                                          environmental site review or have any
                                                                                                            addressed in the environmental
                                                    comments on the PAD and SD1, and                        document. The times and locations of                   questions.
                                                    study requests should be sent to the                    these meetings are as follows:                         Meeting Objectives
                                                    address above in paragraph h. In
                                                    addition, all comments on the PAD and                   Daytime Scoping Meeting                                   At the scoping meetings, staff will: (1)
                                                    SD1, study requests, requests for                         Date: Thursday, June 22, 2017.                       Initiate scoping of the issues; (2) review
                                                    cooperating agency status, and all                        Time: 9:00 a.m.                                      and discuss existing conditions and
                                                    communications to and from                                Location: Monticello Firehouse, 23                   resource management objectives; (3)
                                                    Commission staff related to the merits of               Richardson Ave., Monticello, New York                  review and discuss existing information
                                                    the potential application must be filed                 12701.                                                 and identify preliminary information
                                                    with the Commission.                                      Phone: (845) 794–5121.                               and study needs; (4) review and discuss
                                                       The Commission strongly encourages
                                                                                                            Evening Scoping Meeting                                the process plan and schedule for pre-
                                                    electronic filing. Please file all
                                                    documents using the Commission’s                                                                               filing activity that incorporates the time
                                                                                                               Date: Thursday, June 22, 2017.
                                                    eFiling system at http://www.ferc.gov/                     Time: 7:00 p.m.                                     frames provided for in Part 5 of the
                                                    docs-filing/efiling.asp. Commenters can                    Location: Monticello Firehouse, 23                  Commission’s regulations and, to the
                                                    submit brief comments up to 6,000                       Richardson Ave., Monticello, New York                  extent possible, maximizes coordination
                                                    characters, without prior registration,                 12701.                                                 of federal, state, and tribal permitting
                                                    using the eComment system at http://                       Phone: (845) 794–5121.                              and certification processes; and (5)
                                                    www.ferc.gov/docs-filing/                                  Scoping Document 1 (SD1), which                     discuss the appropriateness of any
                                                    ecomment.asp. You must include your                     outlines the subject areas to be                       federal or state agency or Indian tribe
                                                    name and contact information at the end                 addressed in the environmental                         acting as a cooperating agency for
                                                    of your comments. For assistance,                       document, was mailed to the                            development of an environmental
                                                    please contact FERC Online Support at                   individuals and entities on the                        document.
                                                    FERCOnlineSupport@ferc.gov. In lieu of                  Commission’s mailing list. Copies of                      Meeting participants should come
                                                    electronic filing, please send a paper                  SD1 will be available at the scoping                   prepared to discuss their issues and/or
                                                    copy to: Secretary, Federal Energy                      meetings, or may be viewed on the web
                                                                                                                                                                   concerns. Please review the PAD in
                                                    Regulatory Commission, 888 First Street                 at http://www.ferc.gov, using the
                                                                                                                                                                   preparation for the scoping meetings.
                                                    NE., Washington, DC 20426. The first                    ‘‘eLibrary’’ link. Follow the directions
                                                    page of any filing should include docket                for accessing information in paragraph                 Directions on how to obtain a copy of
                                                    number(s) P–9690–112, P–10481–067,                      n. Based on all oral and written                       the PAD and SD1 are included in item
                                                    and/or 10482–117.                                       comments, a Scoping Document 2 (SD2)                   n. of this document.
                                                       All filings with the Commission must                 may be issued. SD2 may include a                       Meeting Procedures
                                                    bear the appropriate heading:                           revised process plan and schedule, as
                                                    ‘‘Comments on Pre-Application                           well as a list of issues, identified                     The meetings will be recorded by a
                                                    Document,’’ ‘‘Study Requests,’’                         through the scoping process.                           stenographer and will be placed in the
                                                    ‘‘Comments on Scoping Document 1,’’                                                                            public records of the project.
                                                    ‘‘Request for Cooperating Agency                        Environmental Site Review
                                                                                                                                                                   Kimberly D. Bose,
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                    Status,’’ or ‘‘Communications to and                      The applicant and Commission staff
                                                    from Commission Staff.’’ Any                            will conduct an Environmental Site                     Secretary.
                                                    individual or entity interested in                      Review of the project on Wednesday,                    [FR Doc. 2017–11537 Filed 6–2–17; 8:45 am]
                                                    submitting study requests, commenting                   June 21, 2017, starting at 8:00 a.m. for               BILLING CODE 6717–01–P
                                                    on the PAD or SD1, and any agency                       the Swinging Bridge Project and
                                                    requesting cooperating status must do so                Wednesday, June 21, 2017, starting at
                                                    by July 29, 2017.                                       1:00 p.m. for the Mongaup Falls and Rio
                                                       p. Although our current intent is to                 Projects. For the site visits, Eagle Creek
                                                    prepare an environmental assessment                     Hydro has made arrangements with a


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Document Created: 2018-11-14 10:00:51
Document Modified: 2018-11-14 10:00:51
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
DatesThursday, June 22, 2017.
FR Citation82 FR 25787 

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