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HomeMy WebLinkAbout20120900 Ver 2_Sedimentation EOT_20180620Strickland, Bev From: Jody Smet <jsmet@cubecarolinas.com> Sent: Wednesday, June 20, 2018 2:19 PM To: Jim Behmer; rtinsley@brookspierce.com; Eli Hopson; Mark Gross; aaron.church@rowancountync.gov; Lane Bailey; Mcdaniel, Chonticha; Cook, Clinton; Higgins, Karen; Goudreau, Chris J. Cc: Bill Remington Subject: [External] RE: Yadkin Project (FERC No. 2197) - 401 WQC Condition No 9 Salisbury Sedimentation and Flood Protection Plan Attachments: Sedimentation_EOT_6-20-2018.pdf All, Cube Yadkin, with the City of Salisbury's support, has requested an extension of time (90 days until September 18, 2018) to file the Salisbury Sedimentation and Flood Protection Plan. Please let me know your availability for a meeting in Salisbury, NC during the week of July 9 to review and discuss the plan. Thank you, Jody J. Smet, AICP Cube Hydro Carolinas (0) 804-739-0654 (C) 804-382-1764 CUBEHYDRO CAROLINAS CONFIDENTIALITY NOTICE: This e-mail and any files transmitted with it are confidential and intended solely for the use of the individual or entity to which they are addressed. If you are not the intended recipient, you may not review, copy, or distribute this message. If you have received this email in error, please notify the sender immediately and delete the original message. Neither the sender nor the company for which he or she works accepts any liability for damage caused by any virus transmitted by this email From: Jim Behmer [mailto:Jbehm@salisburync.gov] Sent: Thursday, June 14, 2018 4:36 PM To: Jody Smet <jsmet@cubecarolinas.com>; rtinsley@brookspierce.com; Eli Hopson <ehopson@cubehydro.com>; Mark Gross <mgross@cubecarolinas.com>; aaron.church@rowancountync.gov; Lane Bailey <Ibail @salisburync.gov>; Mcdaniel, Chonticha<chonticha.mcdaniel@ncdenr.gov>; Cook, Clinton <clinton.cook@ncdenr.gov>; Higgins, Karen <karen.higgins@ncdenr.gov>; chris.goudreau@ncwildlife.org Cc: Bill Remington <Bill.Remington@KleinschmidtGroup.com> Subject: RE: Yadkin Project (FERC No. 2197) - 401 WQC Condition No 9 Salisbury Sedimentation and Flood Protection Plan Attached are the City of Salisbury comments. The comments include two expert reports. Jim Behmer, P.E. Director Salisbury -Rowan Utilities 11 Administration City of Salisbury 1 1 1 Water Street, Salisbury, North Carolina 28144 1Silfvr`. Office: (704) 638-5202 11 Cell: (704) 202-1189 11 Fax: (704) 638-8491 jbehm(a�salisburync.gov llwww.salisburync.gov/S E-mail correspondence to and from this address may be subject to the N.C. Public Records Law "NCGS. Ch.132" and may be disclosed to third parties by an authorized state or city official. From: Jody Smet[mailto:ismet@cubecarolinas.com] Sent: Monday, May 14, 2018 8:05 PM To: rtinslev@brookspierce.com; Eli Hopson <ehopson@cubehydro.com>; Mark Gross <mgross@cubecarolinas.com>; aaron.church@rowancountync.gov; Lane Bailey <Ibail @saIisburync.gov>; Mcdaniel, Chonticha <chonticha.mcdaniel@ncdenr.gov>; Cook, Clinton <clinton.cook@ncdenr.gov>; Higgins, Karen <karen.higgins@ncdenr.gov>; Jim Behmer <Jbehm@salisburync.gov>; chris.goudreau@ncwildlife.org Cc: Bill Remington <Bill.Remington@KleinschmidtGroup.com> Subject: Yadkin Project (FERC No. 2197) - 401 WQC Condition No 9 Salisbury Sedimentation and Flood Protection Plan All, Cube Yadkin Generation LLC (Cube Yadkin) has attached a DRAFT plan for your review, consideration, and comment. The draft is subject to change. Please submit comments within 30 days of today's date (June 13, 2018). Thank you, Jody J. Smet, AICP Cube Hydro Carolinas (0) 804-739-0654 (C) 804-382-1764 6 CUBE HYDRO CAROLINAS CONFIDENTIALITY NOTICE: This e-mail and any files transmitted with it are confidential and intended solely for the use of the individual or entity to which they are addressed. If you are not the intended recipient, you may not review, copy, or distribute this message. If you have received this email in error, please notify the sender immediately and delete the original message. Neither the sender nor the company for which he or she works accepts any liability for damage caused by any virus transmitted by this email 6 CUBE HYDRO CAROLINAS June 20, 2018 Kimberly D. Bose, Secretary ATTN: OEP/DHAC Federal Energy Regulatory Commission 888 First Street, NE Washington, DC 20426 Cube Hydro Carolinas LLC 293 Highway 740 PO Box 575 Badin, NC 28009-0575 Subject: Yadkin Hydroelectric Project (FERC No. 2197) Article 401(a) / WQC Condition No. 9 - City of Salisbury Sedimentation and Flood Protection Plan Dear Secretary Bose: Article 401(a) of the Yadkin Project license requires Cube Yadkin Generation LLC (Cube Yadkin) to develop a Sedimentation and Flood Protection Plan (Plan) in consultation with the City of Salisbury, North Carolina; Rowan County, North Carolina; North Carolina Department of Environmental Quality (NCDEQ)-401 & Buffer Permitting Unit, NCDEQ-Public Water Supply Section, Mooresville Regional Office; and the North Carolina Wildlife Resources Commission (NCWRC). Upon Commission approval, the Plan becomes a requirement of the license, and the licensee must implement the Plan or changes in the Project operation or facilities, including any changes required by the Commission. The Commission issued an Order on Rehearing and Stay on September 20, 20171, which established the deadline for the development and filing of the Plan as within 18 months of license issuance (March 22, 2018). By letter dated February 22, 2018, Cube Yadkin requested a 90 -day extension of time, until June 20, 2018, to file the plan for Commission review and approval. The Commission granted the requested extension of time in an Order dated March 15, 2018. As an update, Cube Yadkin distributed a draft Plan to the City of Salisbury, NCDEQ, NCWRC, and Rowan County on May 14, 2018 for a 30 -day review and comment period. Cube Yadkin received written responses from NCWRC (May 15, 2018), NCDEQ (June 14, 2018), and the City of Salisbury (June 14, 2018). Cube Yadkin's preliminary review of the comments indicates that additional consultation is needed to address the comments received. Cube Yadkin and the City of Salisbury had planned an in-person meeting for June 13, 2018, but the meeting had to unexpectedly be postponed due to scheduling conflicts. We are currently working to identify an alternative meeting date. Based on limited immediate availability and the upcoming July 4 holiday, we are attempting to reschedule the meeting during the week of July 9. For the above reasons, Cube Yadkin is requesting an additional 90 -day extension of time, until September 18, 2018, to file the required plan. We have spoken with the City of Salisbury (personal communication with Jim Behmer, Director, Salisbury -Rowan Utilities, on June 15 and 1 160 FERC ¶ 61,098 (2017). June 20, 2018) and understand that the City supports this extension of time request to continue working together towards a mutually agreeable solution. Thank you for considering our request. Please contact me at (704) 422-5774 with questions. Sincerely, /S� Mark Gross VP Operations CC: Service List for Project No. 2197 City of Salisbury NCDEQ NCWRC Rowan County CERTIFICATE OF SERVICE I hereby certify that I have this day served the foregoing document upon each person designated on the official service list in this proceeding in accordance with the requirements of Rule 2010 of the Commission's Rules of Practice and Procedure. Dated at Badin, North Carolina this 20th day of June 2018. Cube Yadkin Generation, LLC 293 NC 740 Highway Badin, NC 28009 804-739-0654 j smet(acubecarolinas.com