83 FR 29111 - Boott Hydropower, 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 83, Issue 121 (June 22, 2018)
Federal Energy Regulatory Commission
Federal Register Volume 83, Issue 121 (June 22, 2018)
| Page Range | 29111-29113 | |
| FR Document | 2018-13368 |
[Federal Register Volume 83, Number 121 (Friday, June 22, 2018)] [Notices] [Pages 29111-29113] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-13368] ----------------------------------------------------------------------- DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Project No. 2790-072] Boott Hydropower, 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 a New License and Commencing Pre-filing Process. b. Project No.: 2790-072. c. Dated Filed: April 30, 2018. d. Submitted By: Boott Hydropower, LLC (Boott). e. Name of Project: Lowell Hydroelectric Project. f. Location: On the Merrimack River, in Middlesex County, Massachusetts and Hillsborough County, New Hampshire. The project does not occupy any Federal land. g. Filed Pursuant to: 18 CFR part 5 of the Commission's Regulations. h. Potential Applicant Contact: Kevin Webb, Hydro Licensing Manager, Enel Green Power North America, Inc., 100 Brickstone Square, Suite 300, Andover, MA 01810, (978) 935-6039. i. FERC Contact: Steve Kartalia at (202) 502-6131 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 [[Page 29112]] 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 Massachusetts and New Hampshire State Historic Preservation Officers, as required by section 106 of the 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 Boott 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. Boott 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 the Commission's website (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 staff's 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 P-2790-072. 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 within 60 days of issuance. 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 tribe, 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: Tuesday, July 17, 2018. Time: 10:00 a.m. Location: UMass Lowell Inn and Conference Center, Grand Ballroom, 50 Warren St., Lowell, MA 01852. Phone: (978) 934-6918. Evening Scoping Meeting Date: Tuesday, July 17, 2018. Time: 6:00 p.m. Location: UMass Lowell Inn and Conference Center, Grand Ballroom, 50 Warren St., Lowell, MA 01852. Phone: (978) 934-6918. 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 licensee and Commission staff will conduct an environmental site review of the project on Wednesday, July 18, 2018, starting at 9:00 a.m. All participants should meet at the Eldred L. Field Powerhouse, located at 145 Pawtucket St., Lowell, MA 01854. If you plan to attend the environmental site review, please email Kevin Webb of Boott at [email protected] on or before July 11, 2018, and indicate how many participants will be attending with you. Participants should park at the UMass Lowell East Campus Garage at 47 Pawtucket St., Lowell (no parking fee). After parking, exit the garage onto Pawtucket St. and follow the street to the right (west) about 500 feet. The entrance to the E.L. Field Powerhouse is through the gate on the right, just before the bridge over the Northern Canal. Boott's safety policies require that participants wear sturdy footwear; no sandals, open-toed shoes, or shorts. The Lowell Project's facilities are spread out throughout the City of Lowell. Due to limited parking at many locations, Boott will transport participants between facilities by bus. The tour will last for 5 to 6 hours. For any questions concerning the environmental site visit please contact Kevin Webb at (978) 935-6039 or [email protected]. 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) [[Page 29113]] 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. Dated: June 15, 2018. Kimberly D. Bose, Secretary. [FR Doc. 2018-13368 Filed 6-21-18; 8:45 am] BILLING CODE 6717-01-P
![Federal Register / Vol. 83, No. 121 / Friday, June 22, 2018 / Notices 29111
c. Date Filed: September 26, 2017. facilities, and evaluate effectiveness of any protest or motion to intervene must
d. Applicant: Woodland Pulp, LLC the facilities for up to 3 years. be served upon each representative of
(licensee). l. Locations of the Application: A the applicant specified in the particular
e. Name of Project: West Branch copy of the application is available for application. If an intervener files
Hydroelectric Project. inspection and reproduction at the comments or documents with the
f. Location: The project is located on Commission’s Public Reference Room, Commission relating to the merits of an
the West Branch of the St. Croix River located at 888 First Street NE, Room 2A, issue that may affect the responsibilities
in Washington County, Maine. Washington, DC 20426, or by calling of a particular resource agency, they
g. Filed Pursuant to: Federal Power 202–502–8371. This filing may also be must also serve a copy of the document
Act, 16 U.S.C. 791a–825r. viewed on the Commission’s website at on that resource agency. A copy of all
h. Applicant Contact: C. Scott Beal, http://www.ferc.gov using the other filings in reference to this
Woodland Pulp, LLC, 144 Main Street, ‘‘eLibrary’’ link. Enter the docket application must be accompanied by
Baileyville, ME 04619. number excluding the last three digits in proof of service on all persons listed in
i. FERC Contact: Michael Calloway at the docket number field to access the
202–502–8041, or michael.calloway@ the service list prepared by the
document. You may also register online Commission in this proceeding, in
ferc.gov. at http://www.ferc.gov/docs-filing/
j. Deadline for filing comments, accordance with 18 CFR 4.34(b) and
esubscription.asp to be notified via 385.2010.
motions to intervene, and protests is 45 email of new filings and issuances
days from the issuance of this notice by related to this or other pending projects. Dated: June 15, 2018.
the Commission. The Commission For assistance, call 866–208–3676 or Kimberly D. Bose,
strongly encourages electronic filing. email FERCOnlineSupport@ferc.gov, for Secretary.
Please file motions to intervene, TTY, call 202–502–8659. A copy is also [FR Doc. 2018–13365 Filed 6–21–18; 8:45 am]
protests, and comments using the available for inspection and BILLING CODE 6717–01–P
Commission’s eFiling system at http:// reproduction at the address in item (h)
www.ferc.gov/docs-filing/efiling.asp. above.
Commenters can submit brief comments m. Individuals desiring to be included DEPARTMENT OF ENERGY
up to 6,000 characters, without prior on the Commission’s mailing list should
registration, using the eComment system so indicate by writing to the Secretary Federal Energy Regulatory
at http://www.ferc.gov/docs-filing/ of the Commission. Commission
ecomment.asp. You must include your n. Comments, Protests, or Motions to [Project No. 2790–072]
name and contact information at the end Intervene: Anyone may submit
of your comments. For assistance, comments, a protest, or a motion to Boott Hydropower, LLC; Notice of
please contact FERC Online Support at intervene in accordance with the Intent To File License Application,
FERCOnlineSupport@ferc.gov, (866) requirements of Rules of Practice and Filing of Pre-Application Document
208–3676 (toll free), or (202) 502–8659 Procedure, 18 CFR 385.210, .211, .214. (PAD), Commencement of Pre-Filing
(TTY). In lieu of electronic filing, please In determining the appropriate action to Process, and Scoping; Request for
send a paper copy to: Secretary, Federal take, the Commission will consider all Comments on the PAD and Scoping
Energy Regulatory Commission, 888 protests or other comments filed, but Document, and Identification of Issues
First Street NE, Washington, DC 20426. only those who file a motion to and Associated Study Requests
The first page of any filing should intervene in accordance with the
include docket number P–2618–032. Commission’s Rules may become a a. Type of Filing: Notice of Intent to
k. Description of Request: The party to the proceeding. Any comments, File License Application for a New
licensee filed an American Eel protests, or motions to intervene must License and Commencing Pre-filing
Migration Study Plan and Proposed be received on or before the specified Process.
Design Plans for American Eel Passage comment date for the particular b. Project No.: 2790–072.
pursuant to Article 401 of the project application. c. Dated Filed: April 30, 2018.
license and U.S. Fish and Wildlife and o. Filing and Service of Responsive d. Submitted By: Boott Hydropower,
Service Fishway Prescription Nos. a(ii), Documents: Any filing must (1) bear in LLC (Boott).
b(ii), a(iii), and b(vii) contained in all capital letters the title COMMENTS; e. Name of Project: Lowell
Appendix A of the license. Both PROTEST, or MOTION TO INTERVENE Hydroelectric Project.
proposals only address American eel as applicable; (2) set forth in the f. Location: On the Merrimack River,
passage and effectiveness evaluation at heading the name of the applicant and in Middlesex County, Massachusetts
the project’s West Branch development; the project number of the application to and Hillsborough County, New
these proposals do not address passage which the filing responds; (3) furnish Hampshire. The project does not occupy
and evaluation at the Sysladobsis the name, address, and telephone any Federal land.
development—because of the licensee’s number of the person protesting or g. Filed Pursuant to: 18 CFR part 5 of
pending amendment application (filed intervening; and (4) otherwise comply the Commission’s Regulations.
January 31, 2017) to remove the with the requirements of 18 CFR h. Potential Applicant Contact: Kevin
Sysladobsis development from the 385.2001 through 385.2005. All Webb, Hydro Licensing Manager, Enel
project license. The Proposed Design comments, motions to intervene, or Green Power North America, Inc., 100
Plans for American Eel Passage provides protests must set forth their evidentiary Brickstone Square, Suite 300, Andover,
a draft design for eel passage, but basis and otherwise comply with the MA 01810, (978) 935–6039.
daltland on DSKBBV9HB2PROD with NOTICES
proposes to suspend passage until after requirements of 18 CFR 4.34(b). All i. FERC Contact: Steve Kartalia at
the eel migration studies provide data to comments, motions to intervene, or (202) 502–6131 or email at
inform the design and siting of the eel protests should relate to the American stephen.kartalia@ferc.gov.
passage measure. The American Eel Eel Migration Study Plan and the Final j. Cooperating agencies: Federal, state,
Migration Study Plan provides a plan to Design Plans for American Eel Passage. local, and tribal agencies with
evaluate eel abundance at various Agencies may obtain copies of plans jurisdiction and/or special expertise
locations, inform design of eel passage directly from the applicant. A copy of with respect to environmental issues
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![Federal Register / Vol. 83, No. 121 / Friday, June 22, 2018 / Notices 29113
review and discuss existing information (‘‘EPA’’) failed to perform duties Western District of Washington.
and identify preliminary information mandated by the Endangered Species Plaintiff’s original Complaint brought
and study needs; (4) review and discuss Act (‘‘ESA’’) to consult with the Fish & five claims alleging violations of ESA
the process plan and schedule for pre- Wildlife Service and the National section 7, CWA section 303(c), and the
filing activity that incorporates the time Marine Fisheries Service (collectively Administrative Procedures Act
frames provided for in Part 5 of the ‘‘the Services’’) regarding water quality (‘‘APA’’). Following EPA’s motion to
Commission’s regulations and, to the standards adopted by Washington and partially dismiss on statute of
extent possible, maximizes coordination approved by the EPA. The proposed limitations grounds, NWEA filed an
of federal, state, and tribal permitting stipulated order of partial dismissal Amended Complaint on September 1,
and certification processes; and (5) would set a deadline for EPA to 2015, which alleges four broad sets of
discuss the appropriateness of any complete an ESA effects determination claims. Plaintiff’s first claim alleges that,
federal or state agency or Indian tribe for its February 11, 2008, approval of on February 11, 2008, EPA approved
acting as a cooperating agency for Washington’s revisions to the State’s revised State of Washington Department
development of an environmental ammonia criteria and, as appropriate, of Ecology (Washington) water quality
document. request initiation of any necessary ESA standards involving metals conversion
Meeting participants should come consultation with the Services. factors and ammonia criteria without
prepared to discuss their issues and/or DATES: Written comments on the initiating consultation under ESA
concerns. Please review the PAD in proposed stipulated order of partial section 7(a)(2) in contravention of the
preparation for the scoping meetings. dismissal must be received by July 23, ESA. Plaintiffs’ second claim alleges
Directions on how to obtain a copy of 2018. that the listing of new species,
the PAD and SD1 are included in item ADDRESSES: Submit your comments, designation of new critical habit, and
n. of this document. identified by Docket ID number EPA– Washington’s completion of a 2009
HQ–OGC–2018–0378, online at study regarding dissolved oxygen all
Meeting Procedures triggered an obligation for EPA to
www.regulations.gov (EPA’s preferred
The meetings will be recorded by a method). For comments submitted at reinitiate consultation on various
stenographer and will be placed in the www.regulations.gov, follow the online natural conditions criteria provisions
public records of the project. instructions for submitting comments. pertaining to temperature and dissolved
Dated: June 15, 2018. Once submitted, comments cannot be oxygen that EPA approved on February
edited or removed from 11, 2008.
Kimberly D. Bose,
The proposed stipulated order of
Secretary. www.regulations.gov. The EPA may
partial dismissal would resolve these
[FR Doc. 2018–13368 Filed 6–21–18; 8:45 am] publish any comment received to its
ESA claims. As described in paragraph
public docket. Do not submit
BILLING CODE 6717–01–P three of the proposed stipulated order of
electronically any information you dismissal, within three years, EPA will
consider to be Confidential Business complete an ESA effects determination
Information (CBI) or other information pursuant to 50 CFR 402.14(a) for its
ENVIRONMENTAL PROTECTION
whose disclosure is restricted by statute. February 11, 2008 approval of
AGENCY
Multimedia submissions (audio, video, Washington’s revisions to the State’s
[EPA–HQ–OGC–2018–0378; FRL–9979–73– etc.) must be accompanied by a written
OGC]
ammonia criteria and, as appropriate,
comment. The written comment is request initiation of any necessary ESA
considered the official comment and consultation with the Services. If during
Proposed Stipulated Order of Partial should include discussion of all points
Dismissal, Endangered Species Act that time, Washington submits revisions
you wish to make. The EPA generally to the ammonia criteria and EPA
Claims will not consider comments or comment intends to approve, EPA will complete
AGENCY: Environmental Protection contents located outside of the primary an effects determination and, if
Agency (EPA). submission (i.e. on the web, cloud, or appropriate, request initiation of any
ACTION: Notice of proposed stipulated other file sharing system). For necessary ESA consultation with the
order of partial dismissal; request for additional submission methods, please Services within one year of submission
public comment. contact the person identified in the FOR or three years of the Court’s approval of
FURTHER INFORMATION CONTACT section. the stipulated order of dismissal,
SUMMARY: In accordance with the For the full EPA public comment policy, whichever is later. Portions of claims
Environmental Protection Agency (EPA) information about CBI or multimedia three and four would also be dismissed
Administrator’s October 16, 2017, submissions, and general guidance on in exchange for commitments by
Directive Promoting Transparency and making effective comments, please visit Washington, but EPA is not taking
Public Participation in Consent Decrees http://www2.epa.gov/dockets/ comment on those aspects of the
and Settlement Agreements, notice is commenting-epa-dockets. proposed stipulated order of partial
hereby given of a proposed stipulated FOR FURTHER INFORMATION CONTACT: dismissal. See the proposed stipulated
order of partial dismissal to address Thomas Glazer, Water Law Office order of partial dismissal for specific
several claims in a lawsuit filed by the (7426N), Office of General Counsel, U.S. details.
Northwest Environmental Advocates Environmental Protection Agency, 1200 For a period of thirty (30) days
(‘‘Plaintiff’’) in the United States District Pennsylvania Ave. NW, Washington, DC following the date of publication of this
Court for the Western District of 20460; telephone: (202) 564–0908; email notice, the Agency will accept written
daltland on DSKBBV9HB2PROD with NOTICES
Washington: Northwest Environmental address: Glazer.Thomas@epa.gov. comments relating to the resolution of
Advocates v. United States SUPPLEMENTARY INFORMATION: the ESA claims contained in the
Environmental Protection Agency, No. proposed stipulated order of partial
2:14–cv–0196. On September 1, 2015, I. Additional Information About the dismissal from persons who are not
Plaintiff filed an amended complaint Proposed Stipulated Dismissal named as parties or intervenors to the
alleging, inter alia, that the United On February 10, 2014, Plaintiff filed litigation in question. If so requested,
States Environmental Protection Agency suit in the federal district court for the EPA will also consider holding a public
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Document Created: 2018-11-06 09:50:46
Document Modified: 2018-11-06 09:50:46
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Dates | Tuesday, July 17, 2018. | |
| FR Citation | 83 FR 29111 |
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