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Home My WebLink About20150124 Ver 1_Other Agency Correspondence_20170522McMahan Hydroelectric, LLC 105 Durham Eubanks Rd Pittsboro, NC 27312 Tel: 336-509-2148 Email: mcmahanh@rola gmail.com May 18, 2017 Via Electronic Filing Ms. Kimberly D. Bose Secretary Federal Energy Regulatory Commission Mail Code DLC, HL -11.2 888 First Street, NE Room IA Washington, DC 20426 11 r,,,,Y 2 2 200171, Subject: REPLY COMMENTS TO COMMENTS, RECOMMENDATIONS, TERMS AND CONDITIONS, AND PRESCRIPTIONS McMahan Hydroelectric, LLC (McMahan) Bynum Hydroelectric Project FERC Project No. 4093-035 Haw River, Chatham County, North Carolina Dear Secretary Bose: On February 3, 2017, the Federal Energy Regulatory Commission (Commission) issued a Notice of Application Ready for Environmental Analysis and Soliciting Comments, Recommendations, Terms and Conditions, and Prescriptions (Notice) for the above referenced project. In response to the Notice, the North Carolina Wildlife Resources Commission (NCWRC), the North Carolina Department of Environmental Quality — Division of Water Resources (NCDWR), the United Stated Fish and Wildlife Service (USFWS), the United States Department of the Interior — Office of Environmental Policy and Compliance (USDOI), and PK Ventures I Limited Partnership (PKV) filed documents with the Commission. This submittal represents McMahan's Reply Comments to the documents submitted by those entities. As per the Commissions February 3, 2017 Notice, McMahan is submitting an electronic filing of the Reply Comments, which are enclosed with this letter. Copies of this filing have also been submitted (via first class mail) to those entities on the attached Project Distribution List. Communications regarding this filing should be made to: Mr. Andrew McMahan President, McMahan Hydroelectric, LLC 105 Durham Eubanks Road Pittsboro, NC 27312 Phone: 336-509-2148 Email: mcmahanhydro@gmail.com Thank you for your time and consideration in this matter. Respectfully, l Andrew J. McMahan President, McMahan Hydroelectric LLC McMahan ahan ydroelectr c, LLC (McMahan) COMMENTSREPLY TO RECOMMENDATIONS,CONDITIONS, ! PRESCRIPTIONS RiverAaw Chatham County, rCarolina On February 3, 2017, the Federal Energy Regulatory Commission (Commission) issued a Notice of Application Ready for Environmental Analysis and Soliciting Comments, Recommendations, Terms and Conditions, and Prescriptions (Notice) for the above referenced project. In response to the Notice, the North Carolina Wildlife Resources Commission (NCWRC), the North Carolina Department of Environmental Quality— Division of Water Resources (NCDWR), the United Stated Fish and Wildlife Service (USFWS), the United States Department of the Interior — Office of Environmental Policy and Compliance (USDOI), and PK Ventures I Limited Partnership (PKV) filed documents with the Commission. As indicated by all of the commenting agencies, McMahan has actively engaged with stakeholders throughout the licensing process and has been receptive to comments and feedback. McMahan appreciates the opportunity to reply to comments, recommendations, terms and conditions, and prescriptions provided by interested parties. McMahan has reviewed the comments provided in response to the Commission's Notice and provides the following reply to those comments. North Carolina Wildlife Resources Commission McMahan is not in disagreement with the comments provided by NCWRC on April 3, 2017. North Carolina Department of Environmental Resources — Division of Water Quality McMahan is not in disagreement with the comments provided by NCD WR on April 4, 2017. United States Fish and Wildlife Service McMahan is not in disagreement with the comments provided by USFWS on April 4, 2017. United States Department of Interior McMahan is not in disagreement with the comments provided by USDOI on April 5, 2017. UNITED STATES OF AMERICA FEDERAL ENERGY REGULATORY COMMISSION McMahan Hydroelectric LLC FERC Project No. 4093-035 Bynum Hydro Project I hereby certify that, on behalf of McMahan Hydroelectric LLC, I have this day served (via USPS first class mail) the foregoing document upon each person designated on the attached Service/Distribution List. Dated this I9rh day of May, 20I? Andrew McMahan McMahan Hydroelectric LLC Water Management Chief Mr. Randy Pool Mr. Fred Tarver US Army Corps of Engineers FERC Atlanta Regional Office Division of Water Resources Wilmington District Office 3700 Crestwood Parkway NW, 1611 Mail Service Center 69 Darlington Ave Suite 950 Raleigh, NC 27699-1611 Wilmington, NC 28403 Duluth, GA 30096-7155 Mr. Steve McEvoy Div. of Dam Safety & Inspections Mr. Jim Giattina, Director Division of Land Resources Regional Engineer Water Protection Division 1612 Mail Service Center 3125 Presidential Parkway, 61 Forsyth St. SW Raleigh, NC 27699-1612 Suite 300 Atlanta, GA 30303-3104 Atlanta, GA 30340 Jennifer Burdette Jason Sullivan Division of Water Quality Mr. Jerry Ziewitz Chatham County Planning Dept. 1650 Mail Service Center US Fish and Wildlife Service P.O. Box 1809 Raleigh, NC 27699-1650 2639 N. Monroe St. 12 East Street Suite A-200 Pittsboro, NC 27312 Patricia Harris, Director Tallahassee, FL 32303 Div of Soil & Water Conservation Ms. Sheila Green 1614 Mail Service Center Mr. Jeff Duncan NC Dept of Administration Raleigh, NC 27699-1614 National Park Service 1301 Mail Service Center 175 Hamm Rd, Suite C Raleigh, NC 27699-1301 Office of the Attorney General Chattanooga, TN 37405 P.O. Box 629 US Coast Guard Raleigh, NC 27602-0629 Mr. Shawn Alan Waterways Management Branch US Dept of Interior 431 Crawford Street Office of the Governor 1849 C. St NW Portsmouth, VA 23704 20301 Mail Service Center Washington DC 20240 Raleigh, NC 27699-0301 U.S. Department of the Interior Michell Hicks, Principal Chief Director Roger Stancil Eastern Band of Cherokee Indians 1849 C Street NW, MIB 5655 Chapel Hill Town Manager P.O. Box 455 Washington, DC 20240 405 Martin Luther King Jr. Blvd. Cherokee, NC 28719 Chapel Hill, NC 27514 Christopher Goudreau Regional Administrator NC Wildlife Resources Commission Bryan Gruesbeck FEMA 645 Fish Hatchery Road PittsboroTown Manager 3003 Chamblee Tucker Road Marion, NC 27562 635 East Street Atlanta, GA 30341 Pittsboro, NC 27312 Ms. Renee Gledhill -Earley Mr. John Ellis NC Dept of Cultural Resources Fred Royal US Fish and Wildlife Service 4617 Mail Service Center Pittsboro Town Engineer P.O. Box 33726 Raleigh, NC 27699-4617 635 East Street Raleigh, NC 27636-3726 Pittsboro, NC 27312 Robert Rose NOAA Administrator PK Ventures Caitlin Totherow 1401 Constitution Ave NW PO Box 35236 Catawba Indian Nation Room 6217 Sarasota, FL 34242 1536 Tom Steven Road Washington DC 20230 Rock Hill, SC 29730 Smith, Gambrell & Russell Mr. Jim Twaroski Promenade, Suite 3100 Charlie Horme US Forest Service Atlanta, GA 30309-3592 Chatham County Manager 1720 Peachtree Rd NW 12 East Street, P.O. Box 1809, Atlanta, GA 30309 NC Department of Agriculture Pittsboro, NC 27312 Commissioner's Office Special Use Coordinator 1001 Mail Service Center Jim Mead National Forest Service Raleigh, NC 27699-1001 Carolina Canoe Club 160 Zillicoa St. 203 Thorn Hollow Drive Asheville, NC 28802 Elaine Chiosso Apex, NC 27523 Haw Riverkeeper Keith BlueCloud P.O. Box 187 Dan Lamontainge U.S. Bureau of Indian Affairs Bynum NC 27228 Chatham County Public Works 545 Marriott Drive, Suite 700 PO Box 1550 Nashville, TN 37214 Pittsboro, NC 27312