Notice2021-12152
Notice of Settlement Agreement
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
June 10, 2021
Issuing agencies
Energy DepartmentFederal Energy Regulatory Commission
Full Text
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<title>Federal Register, Volume 86 Issue 110 (Thursday, June 10, 2021)</title>
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[Federal Register Volume 86, Number 110 (Thursday, June 10, 2021)]
[Notices]
[Pages 30927-30928]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-12152]
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DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
Notice of Settlement Agreement
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Project No.
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Eagle Creek Hydro Power, LLC, Eagle Creek Water 10482-122
Resources, LLC, Eagle Creek Land Resources, LLC........
Eagle Creek Hydro Power, LLC, Eagle Creek Water 10481-069
Resources, LLC, Eagle Creek Land Resources, LLC........
[[Page 30928]]
Eagle Creek Hydro Power, LLC, Eagle Creek Water 9690-115
Resources, LLC, Eagle Creek Land Resources, LLC........
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Take notice that the following settlement agreement has been filed
with the Commission and is available for public inspection.
a. Type of Application: Settlement Agreement.
b. Project Nos.: P-10482-122; P-10481-069; and P-9690-115.
c. Date Filed: May 28, 2021.
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 Projects: Swinging Bridge Hydroelectric Project (P-
10482), Mongaup Falls Hydroelectric Project (P-10481), and Rio
Hydroelectric Project (P-9690).
f. Location: The Swinging Bridge Hydroelectric Project is located
on the Mongaup River and Black Lake Creek in Sullivan County, New York.
The Mongaup Falls Hydroelectric Project is located on the Mongaup River
and Black Brook in Sullivan County, New York. The Rio Hydroelectric
Project is located on the Mongaup River in Sullivan and Orange
Counties, New York. The projects do not occupy any federal land.
g. Filed Pursuant to: Rule 602 of the Commission's Rules of
Practice and Procedure, 18 CFR 385.602.
h. Applicant Contact: Jody J. Smet, Vice President Regulatory
Affairs, 2 Bethesda Metro Center, Suite 1330, Bethesda, MD 20814;
Telephone (804) 739-0654, <a href="/cdn-cgi/l/email-protection" class="__cf_email__" data-cfemail="157078747c794a7f7a716c3b66787061557074727970766770707e67703b767a78">[email protected]</a>.
i. FERC Contact: Nicholas Ettema, (312) 596-4447 or
<a href="/cdn-cgi/l/email-protection#ef81868c8780838e9cc18a9b9b8a828eaf898a9d8cc1888099"><span class="__cf_email__" data-cfemail="a6c8cfc5cec9cac7d588c3d2d2c3cbc7e6c0c3d4c588c1c9d0">[email protected]</span></a>.
j. Deadline for filing comments: Comments are due within 20 days of
the notice. Reply comments due within 30 days of the notice.
The Commission strongly encourages electronic filing. Please file
comments using the Commission's eFiling system at <a href="http://www.ferc.gov/docs-filing/efiling.asp">http://www.ferc.gov/docs-filing/efiling.asp</a>. Commenters can submit brief comments up to
6,000 characters, without prior registration, using the eComment system
at <a href="http://www.ferc.gov/docs-filing/ecomment.asp">http://www.ferc.gov/docs-filing/ecomment.asp</a>. You must include your
name and contact information at the end of your comments. For
assistance, please contact FERC Online Support at
<a href="/cdn-cgi/l/email-protection#c98f8c9b8a86a7a5a0a7ac9abcb9b9a6bbbd89afacbbaae7aea6bf"><span class="__cf_email__" data-cfemail="ecaaa9beafa38280858289bf999c9c839e98ac8a899e8fc28b839a">[email protected]</span></a>, (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 the docket
number (e.g., P-10482).
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. Eagle Creek filed an Offer of Settlement (Settlement Agreement)
on behalf of itself, the New York State Department of Environmental
Conservation, U.S. Fish and Wildlife Service, National Park Service,
U.S.G.S Office of the Delaware River Master, American Whitewater,
Appalachian Mountain Club, Kayak and Canoe Club of New York, Chapin
Estate Homeowners Association, Homeowners of Toronto, Inc., Iroquois
Hunting and Fishing Club, Inc., Swinging Bridge Property Owners
Association, Trout Unlimited--New York State Council, and the Woodstone
Lake Development, LLC. The Settlement Agreement includes protection,
mitigation, and enhancement measures addressing project operation,
minimum flows, dissolved oxygen, Delaware River dwarf wedgemussel,
downstream fish passage, upstream passage of American eel, and
management plans for shorelines, recreation, whitewater flows, bald
eagles, northern long-eared bat, invasive plants, and historic
properties. Eagle Creek requests that the measures in the Settlement
Agreement be incorporated as license conditions, without modification,
in any license issued for each project. The signatories to the
Settlement Agreement also request a 50-year license term for each
project.
l. A copy of the Settlement Agreement is available for review on
the Commission's website at <a href="http://www.ferc.gov">http://www.ferc.gov</a> 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 <a href="http://www.ferc.gov/docs-filing/esubscription.asp">http://www.ferc.gov/docs-filing/esubscription.asp</a> to be notified via email of new filings and issuances
related to these projects or other pending projects. For assistance,
contact FERC Online Support.
Dated: June 4, 2021.
Kimberly D. Bose,
Secretary.
[FR Doc. 2021-12152 Filed 6-9-21; 8:45 am]
BILLING CODE 6717-01-P
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