20091002 Ver 1_Emails_20090325

[Fwd: W. Kerr Scott Hydro - Draft License Application]
Subject: [Fwd: W. Kerr Scott Hydro - Draft License Application]
From: Cyndi Karoly <[e-mail]>
Date: Wed, 25 Mar 2009 16:16:00 -0400
To: John Dorney <[e-mail]>
Cyndi Karoly
401 Oversight and Express Permits Unit
Division of Water Quality
[phone]
oo
/E-mail correspondence to and from this address may be subject to the North
Carolina Public Records Law and may be disclosed to third parties./
Subject: W. Kerr Scott Hydro - Draft License Application
From: "Goudreau, Chris J." <[e-mail]>
Date: Wed, 25 Mar 2009 16:12:51 -0400
To: Kevin Edwards <[e-mail]>
CC: Fred Tarver <[e-mail]>, "McGee, Melba" <[e-mail]>,
Mark Cantrell <[e-mail]>, "Cyndi Karoly (DWQ)" <[e-mail]>,
George Piner <george. a.piner@usace. army. mil>
Kevin,
I have reviewed the document you have described as a draft license application (DLA). It appears that your
filing does not conform to the FERC regulations and guidelines for the Traditional Licensing Process in several
ways.
First, while you have called the document a DLA, it does not follow the format described in 18 CFR 4.38 or
FERC licensing handbook (see attached). The DLA should contain an Exhibit E, which is similar to a NEPA
Environmental Assessment. Exhibit E should provide an analysis of the studies and other information.
Second, the DLA is supposed to contain the results of the studies, not a statement that the studies will be
conducted (see page 29 of the DLA). Second Stage Consultation is to consist of: 1) performing the studies, 2)
submitting the DLA for comment, and 3) time for agency comments on the DLA.
Third, FERC regulations allow for a 90 day comment period to review a DLA, not the 60 days as stated in your
cover letter.
For these reasons, I think it would be best if you would withdraw your document from FERC and stop the
review clock for Second Stage comments. Instead, it seems appropriate at this time for you to provide a
response to the First Stage Comments explaining which studies will be conducted as requested, conducted as
modified, or not conducted. That document should be filed with the FERC and copied to the agencies and
mailing list.
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[Fwd: W. Kerr Scott Hydro - Draft License Application]
The DLA should not be submitted for comments until the studies are completed and Exhibit E provides an
analysis of the studies.
I would be glad to discuss this with you and others, if you like. Please understand that I'm not trying to delay
your project, but don't want to get out of line with the FERC process. It would be better to correct the path
sooner than later.
Chris Goudreau
Special Projects Coordinator
North Carolina Wildlife Resources Commission
828-652-4360 x223
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Content-Description: 18 CFR 4.38 consultation. doc
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Content-Description: FERC licensing handbook -
excerpts.pdf
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Content-Description: 18 cfr 5.18 - application contents.pdf
18 cfr 5.18 - application contents.pdf Content-Type: application/pdf
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