[Federal Register Volume 74, Number 37 (Thursday, February 26, 2009)]
[Notices]
[Pages 8786-8787]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-4086]
[[Page 8786]]
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DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
[Project No 12613-001]
Tygart, LLC.; Notice of Intent To File License Application,
Filing of Pre-Application Document, Commencement of Licensing
Proceeding, Scoping Meetings, Solicitation of Comments on the Pad and
Scoping Document, and Identification of Issues and Associated Study
Requests
February 19, 2009.
a. Type of Filing: Notice of Intent to File License Application and
Commencing Licensing Proceeding.
b. Project No.: 12613-001.
c. Dated Filed: December 23, 2008.
d. Submitted By: Tygart, LLC.
e. Name of Project: Tygart Hydroelectric Project.
f. Location: At the Corps of Engineers' Tygart dam on the Tygart
River in Barbour and Taylor Counties, West Virginia.
g. Filed Pursuant to: 18 CFR Part 5 of the Commission's
Regulations.
h. Potential Applicant Contact: Clifford Phillips, Tygart, LLC, 150
North Miller Road, Suite 450 C, Fairlawn, Ohio 44333, (330) 869-8451.
i. FERC Contact: Michael Spencer, [email protected], (202)
502-6093.
j. We are asking Federal, State, local, and tribal agencies with
jurisdiction and/or special expertise with respect to environmental
issues to cooperate with us in the preparation of the environmental
document. Agencies who would like to request cooperating status should
follow the instructions for filing comments described in paragraph 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 Historical
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 Tygart, LLC 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. Tygart, LLC filed a Pre-Application Document (PAD, including a
proposed process plan and schedule) with the Commission pursuant to 18
CFR 5.6 of the Commission's regulations. The Commission will issue the
Scoping Document for the proposed Tygart Project on or about February
20, 2009.
n. A copy of the PAD and the scoping document are available for
review at the Commission in the Public Reference Room or may be viewed
on 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]
or toll free at 1-866-208-3676, or for TTY, (202) 502-8659. A copy is
also available for inspection and reproduction at the address in
paragraph h.
Register online at http://ferc.gov/esubscribenow.htm to be notified
via e-mail of new filing and issuances related to this or other pending
projects. For assistance, contact FERC Online Support.
o. The commencement date of this proceeding is February 21, 2009.
With this notice we are soliciting comments on the PAD and the scoping
document, as well as study requests. All comments on the PAD and the
scoping document, and study requests should be sent to the address
above in paragraph h. In addition, all comments on the PAD and the
scoping document, study requests, requests for cooperating agency
status, and all communications to and from Commission staff related to
the merits of the potential application (original and eight copies)
must be filed with the Commission at the following address: Kimberly D.
Bose, Secretary, Federal Energy Regulatory Commission, 888 First
Street, NE., Washington, DC 20426. All filings with the Commission must
include on the first page, the project name (Tygart Project) and number
(P-12613-001), and bear the 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 the scoping
document, and any agency requesting cooperating status must do so by
April 22, 2009.
1. Comments on the PAD and the scoping document, study requests,
requests for cooperating agency status, and other permissible forms of
communications with the Commission may be filed electronically via the
Internet in lieu of paper. The Commission strongly encourages
electronic filings. See 18 CFR 385.2001(a)(1)(iii) and the instructions
on the Commission's Web site (http://www.ferc.gov/docs-filing/ferconline.asp) under the ``e-filing'' link. For a simpler method of
submitting text-only comments, click on ``Quick Comment.''
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:
Evening Scoping Meeting
Date: Monday, March 23, 2009.
Time: 6 p.m. (EST).
Location: Wingate Hotel, 350 Conference Center Way, Bridgeport, WV
26330.
Phone: (304) 808-1000.
Daytime Scoping Meeting
Date: Tuesday, March 24, 2009.
Time: 10 a.m. (EST).
Location: Same location.
The scoping document, which outlines the issues to be addressed in
the environmental document, will be mailed to the individuals and
entities on the Commission's mailing list. Copies of the scoping
document will be available at the scoping meetings, and may be viewed
on the Web at http://www.ferc.gov, using the ``eLibrary'' link. Follow
the directions for accessing information in paragraph n. Depending on
the extent of comments received, a revised Scoping Document may or may
not be issued.
[[Page 8787]]
Site Visit
Tygart, LLC will conduct a tour of the proposed project site at 2
p.m. on Monday, March 23, 2009. All participants should meet in the
parking lot in front of the Army Corps of Engineers' office at Tygart
dam. All participants are responsible for providing photo
identification to enter this Corps of Engineers' facility. Photography
will be prohibited. Anyone with questions about the site visit should
contact Mr. Clifford Phillips of Tygart, LLC at (330) 869-8451 on or
before March 20, 2009.
Scoping Meeting Objectives
At the scoping meetings, staff will: (1) Present a proposed list of
issues to be addressed in the EA; (2) review and discuss existing
conditions and resource agency 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 requests by 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 the scoping
document are included in item n of this document.
Meeting Procedures
The meetings will be recorded by a stenographer and will become
part of the formal record of the Commission proceeding on the project.
Kimberly D. Bose,
Secretary.
[FR Doc. E9-4086 Filed 2-25-09; 8:45 am]
BILLING CODE 6717-01-P