Eagle Creek Hydro Power, LLC; Eagle Creek Water Resources, LLC; Eagle Creek Land Resources, LLC; Notice of Application Accepted for Filing, Soliciting Motions To Intervene and Protests, Ready for Environmental Analysis, and Soliciting Comments, Recommendations, Preliminary Terms and Conditions, and Preliminary Fishway Prescriptions, 8193-8194 [2021-02329]

Download as PDF Federal Register / Vol. 86, No. 22 / Thursday, February 4, 2021 / Notices routing number, account number, and account type (checking/savings)). You can obtain a DUNS number from Dun and Bradstreet at: https:// fedgov.dnb.com/webform. A DUNS number can be created within one to two business days. Entities must have an active DUNS registration throughout the grant performance period in SAM. Information about SAM is available at: www.SAM.gov. For further information on obtaining and registering your DUNS number and TIN in SAM or updating your existing SAM account, please refer to SAM’s Non-Federal User Guide: https://www.sam.gov/SAM/ transcript/SAM_Non_Federal_User_ Guide.pdf. The SAM registration process can take approximately seven business days, but may take upwards of several weeks, depending on the completeness and accuracy of the data you enter into the SAM database. Thus, if you think you might want to apply for Federal financial assistance under a program administered by the Department, please allow sufficient time to register with SAM. If you are currently registered with SAM, you may need to update your DUNS registration. Please make certain that the TIN associated with your DUNS number is correct. Also note that you will need to update your DUNS registration if it has expired or will expire prior to when you expect to receive a SRSA award. A DUNS number will expire every 12 months after it has been updated. You can check your DUNS registration status by using the SAM Status Tracker at: https://sam.gov/SAM/ pages/public/samStatusTracker.jsf. Updating your DUNS may take three or more business days. If you are a corporate entity, agency (including an LEA), institution, or organization, you can find your taxpayer name and TIN in tax documents from the Internal Revenue Service (IRS) (such as a 1099 or W–2 form) or obtain one from the IRS. jbell on DSKJLSW7X2PROD with NOTICES V. Acessibility Information and Program Authority Accessible Format: On request to the program contact person listed under FOR FURTHER INFORMATION CONTACT, individuals with disabilities can obtain this document and a copy of the application package in an accessible format. The Department will provide the requestor with an accessible format that may include Rich Text Format (RTF) or text format (txt), a thumb drive, an MP3 file, braille, large print, audiotape, or compact disc, or other accessible format. VerDate Sep<11>2014 17:13 Feb 03, 2021 Jkt 253001 Electronic Access to This Document: The official version of this document is the document published in the Federal Register. You may access the official edition of the Federal Register and the Code of Federal Regulations at: https:// www.govinfo.gov/. At this site you can view this document, as well as all other documents of this Department published in the Federal Register, in text or Portable Document Format (PDF). To use PDF you must have Adobe Acrobat Reader, which is available free at the site. You may also access documents of the Department published in the Federal Register by using the article search feature at: www.federalregister.gov. Specifically, through the advanced search feature at this site, you can limit your search to documents published by the Department. Program Authority: Sections 5211– 5212 of the ESEA, 20 U.S.C. 7345– 7345a. Mark Washington, Deputy Assistant Secretary, Office of Elementary and Secondary Education. [FR Doc. 2021–02351 Filed 2–3–21; 8:45 am] BILLING CODE 4000–01–P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Project No. 10481–069] Eagle Creek Hydro Power, LLC; Eagle Creek Water Resources, LLC; Eagle Creek Land Resources, LLC; Notice of Application Accepted for Filing, Soliciting Motions To Intervene and Protests, Ready for Environmental Analysis, and Soliciting Comments, Recommendations, Preliminary Terms and Conditions, and Preliminary Fishway Prescriptions Take notice that the following hydroelectric application has been filed with the Commission and is available for public inspection. a. Type of Application: New Major License. b. Project No.: 10481–069. c. Date Filed: March 31, 2020. d. Applicants: Eagle Creek Hydro Power, LLC, Eagle Creek Water Resources, LLC, and Eagle Creek Land Resources, LLC (collectively referred to as Eagle Creek). e. Name of Project: Mongaup Falls Hydroelectric Project (Mongaup Falls Project). f. Location: The existing project is located on the Mongaup River and Black Brook in Sullivan County, New York. PO 00000 Frm 00034 Fmt 4703 Sfmt 4703 8193 The project does not occupy federal lands. g. Filed Pursuant to: Federal Power Act 16 U.S.C. 791 (a)–825(r). h. Applicant Contact: Jody J. Smet, Vice President Regulatory Affairs, 116 N State Street, P.O. Box 167, Neshkoro, WI 54960; Telephone (804) 739–0654. i. FERC Contact: Nicholas Ettema, (312) 596–4447 or nicholas.ettema@ ferc.gov. j. Deadline for filing motions to intervene and protests, comments, recommendations, preliminary terms and conditions, and preliminary prescriptions: 60 days from the issuance date of this notice; reply comments are due 105 days from the issuance date of this notice. The Commission strongly encourages electronic filing. Please file using the Commission’s eFiling system at https:// ferconline.ferc.gov/FERCOnline.aspx. Commenters can submit brief comments up to 6,000 characters, without prior registration, using the eComment system at https://ferconline.ferc.gov/ QuickComment.aspx. You must include your name and contact information at the end of your comments. For assistance, please contact FERC Online Support at FERCOnlineSupport@ ferc.gov, (866) 208–3676 (toll free), or (202) 502–8659 (TTY). In lieu of electronic filing, you may submit a paper copy. Submissions sent via the U.S. Postal Service must be addressed to: Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 888 First Street NE, Room 1A, Washington, DC 20426. Submissions sent via any other carrier must be addressed to: Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 12225 Wilkins Avenue, Rockville, Maryland 20852. The first page of any filing should include docket number P– 10481–069. The Commission’s Rules of Practice require all intervenors filing documents with the Commission to serve a copy of that document on each person on the official service list for the project. Further, if an intervenor files comments or documents with the Commission relating to the merits of an issue that may affect the responsibilities of a particular resource agency, they must also serve a copy of the document on that resource agency. k. This application has been accepted for filing and is now ready for environmental analysis. The Council on Environmental Quality (CEQ) issued a final rule on July 15, 2020, revising the regulations under 40 CFR parts 1500–1518 that federal agencies use to implement NEPA (see Update to the Regulations Implementing E:\FR\FM\04FEN1.SGM 04FEN1 8194 Federal Register / Vol. 86, No. 22 / Thursday, February 4, 2021 / Notices the Procedural Provisions of the National Environmental Policy Act, 85 FR 43304). The Final Rule became effective on and applies to any NEPA process begun after September 14, 2020. An agency may also apply the regulations to ongoing activities and environmental documents begun before September 14, 2020, which includes the proposed Mongaup Falls Project. Commission staff intends to conduct its NEPA review in accordance with CEQ’s new regulations. l. The Mongaup Falls Project includes the Mongaup Falls Development and the Black Brook Development. The Black Brook Development has been permanently out of service since 1984, when portions of the penstock, stoplogs, and flashboards were removed. The Mongaup Fall Development consists of: (1) A reservoir with a gross storage capacity of 1,782 acre-feet and a surface area of 133 acres; (2) a 155-footlong by 40-foot-high, ungated, concrete gravity spillway with 4-foot, 10-inchhigh flashboards; (3) an 83-foot-long, by 25-foot, 4-inch-high earth dam section with a concrete core wall along the right abutment; (4) a 125-foot-long, 127-foothigh concrete retaining wall along the left abutment; (5) a 250-foot-long by 4.5foot-high earthen closure dike; (6) an 11foot-high, 22-foot-square intake and gatehouse; (7) a 14-foot-wide by 32-foothigh inclined trashracks with 1.7-inch bar clear spacing that covers the intake; (8) a 6,650-foot-long bypassed reach; (9) a 2,650-foot-long, 8-foot-diameter woodstave penstock; (10) a 26-foot-diameter, 106-foot-high steel surge tank; (11) a 9foot-diameter steel manifold branching into four 5-foot-diameter steel penstocks; (12) a 90-foot-long by 25-foot, 2-inch-wide by 33-foot-high reinforced concrete powerhouse containing four 1megawatt vertical-axis turbines; and (13) a 100-foot-long, 2.3-kilovolt underground transmission line. The project generates an average of 10,860 megawatt-hours annually. Eagle Creek proposes to continue to operate the project in a peaking mode. The Black Brook Development consists of a 70-foot-long dam with a 34foot-long concrete spillway section and 10-foot-long stoplog section. The stoplog section consists of a 2-foot-wide concrete pier that divides the 8-footlong stoplog section from the spillway. The concrete spillway is approximately 10-foot-high from the base to the crest and is keyed into bedrock with a 3-foot by 3-foot keyway. Prior to removal of the penstock, pond control was accomplished with an 8-foot-wide stoplog section and 34-foot-wide flashboard section, each erected to a height of 5 feet above the dam crest. The failure of the penstock in 1984, resulted in the removal of the 8-foot-wide, 5-foothigh stoplog section on the right side of the dam and the 5-foot-high flashboards. Currently, the Black Brook Development is a run-of-river, uncontrolled spillway with a crest elevation of 943 feet National Geodetic Vertical Datum of 1929 (NGVD29) and a dam/spillway toe elevation of approximately 930–933 feet NGVD29 (including the 3-foot by 3-foot keyway). Eagle Creek proposes to decommission the Black Brook Development in place and remove it from the project boundary. m. A copy of the application can be viewed on the Commission’s website at https://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. Register online at https:// www.ferc.gov/docs-filing/ esubscription.asp to be notified via email of new filings and issuances related to this or other pending projects. For assistance, contact FERC Online Support. n. Anyone may submit comments, a protest, or a motion to intervene in accordance with the requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211, and .214. In determining the appropriate action to take, the Commission will consider all protests or other comments filed, but only those who file a motion to intervene in accordance with the Commission’s Rules may become a party to the proceeding. Any comments, protests, or motions to intervene must be received on or before the specified comment date for the particular application. All filings must (1) bear in all capital letters the title ‘‘PROTEST’’, ‘‘MOTION TO INTERVENE’’, ‘‘COMMENTS,’’ ‘‘REPLY COMMENTS,’’ ‘‘RECOMMENDATIONS,’’ ‘‘PRELIMINARY TERMS AND CONDITIONS,’’ or ‘‘PRELIMINARY FISHWAY PRESCRIPTIONS;’’ (2) set forth in the heading the name of the applicant and the project number of the application to which the filing responds; (3) furnish the name, address, and telephone number of the person protesting or intervening; and (4) otherwise comply with the requirements of 18 CFR 385.2001 through 385.2005. All comments, recommendations, terms and conditions or prescriptions must set forth their evidentiary basis and otherwise comply with the requirements of 18 CFR 4.34(b). Agencies may obtain copies of the application directly from the applicant. A copy of any protest or motion to intervene must be served upon each representative of the applicant specified in the particular application. A copy of all other filings in reference to this application must be accompanied by proof of service on all persons listed in the service list prepared by the Commission in this proceeding, in accordance with 18 CFR 4.34(b) and 385.2010. o. Procedural Schedule: The application will be processed according to the following schedule. Revisions to the schedule may be made as appropriate. Milestone Target date jbell on DSKJLSW7X2PROD with NOTICES Deadline for filing comments, recommendations, preliminary terms and conditions, and preliminary fishway prescriptions ... Deadline for Filing Reply Comments .......................................................................................................................................... p. Final amendments to the application must be filed with the Commission no later than 30 days from the issuance date of this notice. q. A license applicant must file no later than 60 days following the date of issuance of the notice of acceptance and ready for environmental analysis provided for in § 5.22: (1) A copy of the water quality certification; (2) a copy of VerDate Sep<11>2014 17:13 Feb 03, 2021 Jkt 253001 the request for certification, including proof of the date on which the certifying agency received the request; or (3) evidence of waiver of water quality certification. Please note that the certification request must be sent to the certifying authority and to the Commission concurrently. PO 00000 Frm 00035 Fmt 4703 Sfmt 9990 March 2021. May 2021. Dated: January 29, 2021. Kimberly D. Bose, Secretary. [FR Doc. 2021–02329 Filed 2–3–21; 8:45 am] BILLING CODE 6717–01–P E:\FR\FM\04FEN1.SGM 04FEN1

Agencies

[Federal Register Volume 86, Number 22 (Thursday, February 4, 2021)]
[Notices]
[Pages 8193-8194]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-02329]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 10481-069]


Eagle Creek Hydro Power, LLC; Eagle Creek Water Resources, LLC; 
Eagle Creek Land Resources, LLC; Notice of Application Accepted for 
Filing, Soliciting Motions To Intervene and Protests, Ready for 
Environmental Analysis, and Soliciting Comments, Recommendations, 
Preliminary Terms and Conditions, and Preliminary Fishway Prescriptions

    Take notice that the following hydroelectric application has been 
filed with the Commission and is available for public inspection.
    a. Type of Application: New Major License.
    b. Project No.: 10481-069.
    c. Date Filed: March 31, 2020.
    d. Applicants: Eagle Creek Hydro Power, LLC, Eagle Creek Water 
Resources, LLC, and Eagle Creek Land Resources, LLC (collectively 
referred to as Eagle Creek).
    e. Name of Project: Mongaup Falls Hydroelectric Project (Mongaup 
Falls Project).
    f. Location: The existing project is located on the Mongaup River 
and Black Brook in Sullivan County, New York. The project does not 
occupy federal lands.
    g. Filed Pursuant to: Federal Power Act 16 U.S.C. 791 (a)-825(r).
    h. Applicant Contact: Jody J. Smet, Vice President Regulatory 
Affairs, 116 N State Street, P.O. Box 167, Neshkoro, WI 54960; 
Telephone (804) 739-0654.
    i. FERC Contact: Nicholas Ettema, (312) 596-4447 or 
[email protected].
    j. Deadline for filing motions to intervene and protests, comments, 
recommendations, preliminary terms and conditions, and preliminary 
prescriptions: 60 days from the issuance date of this notice; reply 
comments are due 105 days from the issuance date of this notice.
    The Commission strongly encourages electronic filing. Please file 
using the Commission's eFiling system at https://ferconline.ferc.gov/FERCOnline.aspx. Commenters can submit brief comments up to 6,000 
characters, without prior registration, using the eComment system at 
https://ferconline.ferc.gov/QuickComment.aspx. You must include your 
name and contact information at the end of your comments. For 
assistance, please contact FERC Online Support at 
[email protected], (866) 208-3676 (toll free), or (202) 502-
8659 (TTY). In lieu of electronic filing, you may submit a paper copy. 
Submissions sent via the U.S. Postal Service must be addressed to: 
Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 888 
First Street NE, Room 1A, Washington, DC 20426. Submissions sent via 
any other carrier must be addressed to: Kimberly D. Bose, Secretary, 
Federal Energy Regulatory Commission, 12225 Wilkins Avenue, Rockville, 
Maryland 20852. The first page of any filing should include docket 
number P-10481-069.
    The Commission's Rules of Practice require all intervenors filing 
documents with the Commission to serve a copy of that document on each 
person on the official service list for the project. Further, if an 
intervenor files comments or documents with the Commission relating to 
the merits of an issue that may affect the responsibilities of a 
particular resource agency, they must also serve a copy of the document 
on that resource agency.
    k. This application has been accepted for filing and is now ready 
for environmental analysis.
    The Council on Environmental Quality (CEQ) issued a final rule on 
July 15, 2020, revising the regulations under 40 CFR parts 1500-1518 
that federal agencies use to implement NEPA (see Update to the 
Regulations Implementing

[[Page 8194]]

the Procedural Provisions of the National Environmental Policy Act, 85 
FR 43304). The Final Rule became effective on and applies to any NEPA 
process begun after September 14, 2020. An agency may also apply the 
regulations to ongoing activities and environmental documents begun 
before September 14, 2020, which includes the proposed Mongaup Falls 
Project. Commission staff intends to conduct its NEPA review in 
accordance with CEQ's new regulations.
    l. The Mongaup Falls Project includes the Mongaup Falls Development 
and the Black Brook Development. The Black Brook Development has been 
permanently out of service since 1984, when portions of the penstock, 
stoplogs, and flashboards were removed.
    The Mongaup Fall Development consists of: (1) A reservoir with a 
gross storage capacity of 1,782 acre-feet and a surface area of 133 
acres; (2) a 155-foot-long by 40-foot-high, ungated, concrete gravity 
spillway with 4-foot, 10-inch-high flashboards; (3) an 83-foot-long, by 
25-foot, 4-inch-high earth dam section with a concrete core wall along 
the right abutment; (4) a 125-foot-long, 127-foot-high concrete 
retaining wall along the left abutment; (5) a 250-foot-long by 4.5-
foot-high earthen closure dike; (6) an 11-foot-high, 22-foot-square 
intake and gatehouse; (7) a 14-foot-wide by 32-foot-high inclined 
trashracks with 1.7-inch bar clear spacing that covers the intake; (8) 
a 6,650-foot-long bypassed reach; (9) a 2,650-foot-long, 8-foot-
diameter wood-stave penstock; (10) a 26-foot-diameter, 106-foot-high 
steel surge tank; (11) a 9-foot-diameter steel manifold branching into 
four 5-foot-diameter steel penstocks; (12) a 90-foot-long by 25-foot, 
2-inch-wide by 33-foot-high reinforced concrete powerhouse containing 
four 1-megawatt vertical-axis turbines; and (13) a 100-foot-long, 2.3-
kilovolt underground transmission line. The project generates an 
average of 10,860 megawatt-hours annually. Eagle Creek proposes to 
continue to operate the project in a peaking mode.
    The Black Brook Development consists of a 70-foot-long dam with a 
34-foot-long concrete spillway section and 10-foot-long stoplog 
section. The stoplog section consists of a 2-foot-wide concrete pier 
that divides the 8-foot-long stoplog section from the spillway. The 
concrete spillway is approximately 10-foot-high from the base to the 
crest and is keyed into bedrock with a 3-foot by 3-foot keyway. Prior 
to removal of the penstock, pond control was accomplished with an 8-
foot-wide stoplog section and 34-foot-wide flashboard section, each 
erected to a height of 5 feet above the dam crest. The failure of the 
penstock in 1984, resulted in the removal of the 8-foot-wide, 5-foot-
high stoplog section on the right side of the dam and the 5-foot-high 
flashboards. Currently, the Black Brook Development is a run-of-river, 
uncontrolled spillway with a crest elevation of 943 feet National 
Geodetic Vertical Datum of 1929 (NGVD29) and a dam/spillway toe 
elevation of approximately 930-933 feet NGVD29 (including the 3-foot by 
3-foot keyway). Eagle Creek proposes to decommission the Black Brook 
Development in place and remove it from the project boundary.
    m. A copy of the application can be viewed on the Commission's 
website at https://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.
    Register online at https://www.ferc.gov/docs-filing/esubscription.asp to be notified via email of new filings and issuances 
related to this or other pending projects. For assistance, contact FERC 
Online Support.
    n. Anyone may submit comments, a protest, or a motion to intervene 
in accordance with the requirements of Rules of Practice and Procedure, 
18 CFR 385.210, .211, and .214. In determining the appropriate action 
to take, the Commission will consider all protests or other comments 
filed, but only those who file a motion to intervene in accordance with 
the Commission's Rules may become a party to the proceeding. Any 
comments, protests, or motions to intervene must be received on or 
before the specified comment date for the particular application.
    All filings must (1) bear in all capital letters the title 
``PROTEST'', ``MOTION TO INTERVENE'', ``COMMENTS,'' ``REPLY COMMENTS,'' 
``RECOMMENDATIONS,'' ``PRELIMINARY TERMS AND CONDITIONS,'' or 
``PRELIMINARY FISHWAY PRESCRIPTIONS;'' (2) set forth in the heading the 
name of the applicant and the project number of the application to 
which the filing responds; (3) furnish the name, address, and telephone 
number of the person protesting or intervening; and (4) otherwise 
comply with the requirements of 18 CFR 385.2001 through 385.2005. All 
comments, recommendations, terms and conditions or prescriptions must 
set forth their evidentiary basis and otherwise comply with the 
requirements of 18 CFR 4.34(b). Agencies may obtain copies of the 
application directly from the applicant. A copy of any protest or 
motion to intervene must be served upon each representative of the 
applicant specified in the particular application. A copy of all other 
filings in reference to this application must be accompanied by proof 
of service on all persons listed in the service list prepared by the 
Commission in this proceeding, in accordance with 18 CFR 4.34(b) and 
385.2010.
    o. Procedural Schedule: The application will be processed according 
to the following schedule. Revisions to the schedule may be made as 
appropriate.

------------------------------------------------------------------------
               Milestone                           Target date
------------------------------------------------------------------------
Deadline for filing comments,           March 2021.
 recommendations, preliminary terms
 and conditions, and preliminary
 fishway prescriptions.
Deadline for Filing Reply Comments....  May 2021.
------------------------------------------------------------------------

    p. Final amendments to the application must be filed with the 
Commission no later than 30 days from the issuance date of this notice.
    q. A license applicant must file no later than 60 days following 
the date of issuance of the notice of acceptance and ready for 
environmental analysis provided for in Sec.  5.22: (1) A copy of the 
water quality certification; (2) a copy of the request for 
certification, including proof of the date on which the certifying 
agency received the request; or (3) evidence of waiver of water quality 
certification. Please note that the certification request must be sent 
to the certifying authority and to the Commission concurrently.

    Dated: January 29, 2021.
Kimberly D. Bose,
Secretary.
[FR Doc. 2021-02329 Filed 2-3-21; 8:45 am]
BILLING CODE 6717-01-P
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.