
[Federal Register: February 26, 2009 (Volume 74, Number 37)]
[Notices]               
[Page 8786-8787]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26fe09-47]                         


[[Page 8786]]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No 12613-001]

 
Tygart, LLC.; Notice of Intent To File License Application, 
Filing of Pre-Application Document, Commencement of Licensing 
Proceeding, Scoping Meetings, Solicitation of Comments on the Pad and 
Scoping Document, and Identification of Issues and Associated Study 
Requests

February 19, 2009.
    a. Type of Filing: Notice of Intent to File License Application and 
Commencing Licensing Proceeding.
    b. Project No.: 12613-001.
    c. Dated Filed: December 23, 2008.
    d. Submitted By: Tygart, LLC.
    e. Name of Project: Tygart Hydroelectric Project.
    f. Location: At the Corps of Engineers' Tygart dam on the Tygart 
River in Barbour and Taylor Counties, West Virginia.
    g. Filed Pursuant to: 18 CFR Part 5 of the Commission's 
Regulations.
    h. Potential Applicant Contact: Clifford Phillips, Tygart, LLC, 150 
North Miller Road, Suite 450 C, Fairlawn, Ohio 44333, (330) 869-8451.
    i. FERC Contact: Michael Spencer, michael.spencer@ferc.gov, (202) 
502-6093.
    j. We are asking Federal, State, local, and tribal agencies with 
jurisdiction and/or special expertise with respect to environmental 
issues to cooperate with us in the preparation of the environmental 
document. Agencies who would like to request cooperating status should 
follow the instructions for filing comments described in paragraph o 
below. Cooperating agencies should note the Commission's policy that 
agencies that cooperate in the preparation of the environmental 
document cannot also intervene. See, 94 FERC ] 61,076 (2001).
    k. With this notice, we are initiating informal consultation with: 
(a) The U.S. Fish and Wildlife Service and/or NOAA Fisheries under 
section 7 of the Endangered Species Act and the joint agency 
regulations thereunder at 50 CFR Part 402; and (b) the State Historic 
Preservation Officer, as required by section 106, National Historical 
Preservation Act, and the implementing regulations of the Advisory 
Council on Historic Preservation at 36 CFR 800.2.
    l. With this notice, we are designating Tygart, LLC as the 
Commission's non-Federal representative for carrying out informal 
consultation, pursuant to Section 7 of the Endangered Species Act, and 
Section 106 of the National Historic Preservation Act.
    m. Tygart, LLC filed a Pre-Application Document (PAD, including a 
proposed process plan and schedule) with the Commission pursuant to 18 
CFR 5.6 of the Commission's regulations. The Commission will issue the 
Scoping Document for the proposed Tygart Project on or about February 
20, 2009.
    n. A copy of the PAD and the scoping document are available for 
review at the Commission in the Public Reference Room or may be viewed 
on the Commission's Web site (http://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 at FERCOnlineSupport@ferc.gov 
or toll free at 1-866-208-3676, or for TTY, (202) 502-8659. A copy is 
also available for inspection and reproduction at the address in 
paragraph h.
    Register online at http://ferc.gov/esubscribenow.htm to be notified 
via e-mail of new filing and issuances related to this or other pending 
projects. For assistance, contact FERC Online Support.
    o. The commencement date of this proceeding is February 21, 2009. 
With this notice we are soliciting comments on the PAD and the scoping 
document, as well as study requests. All comments on the PAD and the 
scoping document, and study requests should be sent to the address 
above in paragraph h. In addition, all comments on the PAD and the 
scoping document, study requests, requests for cooperating agency 
status, and all communications to and from Commission staff related to 
the merits of the potential application (original and eight copies) 
must be filed with the Commission at the following address: Kimberly D. 
Bose, Secretary, Federal Energy Regulatory Commission, 888 First 
Street, NE., Washington, DC 20426. All filings with the Commission must 
include on the first page, the project name (Tygart Project) and number 
(P-12613-001), and bear the heading ``Comments on Pre-Application 
Document,'' ``Study Requests,'' ``Comments on Scoping Document 1,'' 
``Request for Cooperating Agency Status,'' or ``Communications to and 
from Commission Staff.'' Any individual or entity interested in 
submitting study requests, commenting on the PAD or the scoping 
document, and any agency requesting cooperating status must do so by 
April 22, 2009.
    1. Comments on the PAD and the scoping document, study requests, 
requests for cooperating agency status, and other permissible forms of 
communications with the Commission may be filed electronically via the 
Internet in lieu of paper. The Commission strongly encourages 
electronic filings. See 18 CFR 385.2001(a)(1)(iii) and the instructions 
on the Commission's Web site (http://www.ferc.gov/docs-filing/
ferconline.asp) under the ``e-filing'' link. For a simpler method of 
submitting text-only comments, click on ``Quick Comment.''
    p. Although our current intent is to prepare an environmental 
assessment (EA), there is the possibility that an Environmental Impact 
Statement (EIS) will be required. Nevertheless, this meeting will 
satisfy the NEPA scoping requirements, irrespective of whether an EA or 
EIS is issued by the Commission.

Scoping Meetings

    Commission staff will hold two scoping meetings in the vicinity of 
the project at the time and place noted below. The daytime meeting will 
focus on resource agency, Indian tribes, and non-governmental 
organization concerns, while the evening meeting is primarily for 
receiving input from the public. We invite all interested individuals, 
organizations, and agencies to attend one or both of the meetings, and 
to assist staff in identifying particular study needs, as well as the 
scope of environmental issues to be addressed in the environmental 
document. The times and locations of these meetings are as follows:

Evening Scoping Meeting

    Date: Monday, March 23, 2009.
    Time: 6 p.m. (EST).
    Location: Wingate Hotel, 350 Conference Center Way, Bridgeport, WV 
26330.
    Phone: (304) 808-1000.

Daytime Scoping Meeting

    Date: Tuesday, March 24, 2009.
    Time: 10 a.m. (EST).
    Location: Same location.

    The scoping document, which outlines the issues to be addressed in 
the environmental document, will be mailed to the individuals and 
entities on the Commission's mailing list. Copies of the scoping 
document will be available at the scoping meetings, and may be viewed 
on the Web at http://www.ferc.gov, using the ``eLibrary'' link. Follow 
the directions for accessing information in paragraph n. Depending on 
the extent of comments received, a revised Scoping Document may or may 
not be issued.

[[Page 8787]]

Site Visit

    Tygart, LLC will conduct a tour of the proposed project site at 2 
p.m. on Monday, March 23, 2009. All participants should meet in the 
parking lot in front of the Army Corps of Engineers' office at Tygart 
dam. All participants are responsible for providing photo 
identification to enter this Corps of Engineers' facility. Photography 
will be prohibited. Anyone with questions about the site visit should 
contact Mr. Clifford Phillips of Tygart, LLC at (330) 869-8451 on or 
before March 20, 2009.

Scoping Meeting Objectives

    At the scoping meetings, staff will: (1) Present a proposed list of 
issues to be addressed in the EA; (2) review and discuss existing 
conditions and resource agency management objectives; (3) review and 
discuss existing information and identify preliminary information and 
study needs; (4) review and discuss the process plan and schedule for 
pre-filing activity that incorporates the time frames provided for in 
Part 5 of the Commission's regulations and, to the extent possible, 
maximizes coordination of Federal, State, and Tribal permitting and 
certification processes; and (5) discuss requests by any Federal or 
State agency or Indian tribe acting as a cooperating agency for 
development of an environmental document.
    Meeting participants should come prepared to discuss their issues 
and/or concerns. Please review the PAD in preparation for the scoping 
meetings. Directions on how to obtain a copy of the PAD and the scoping 
document are included in item n of this document.

Meeting Procedures

    The meetings will be recorded by a stenographer and will become 
part of the formal record of the Commission proceeding on the project.

Kimberly D. Bose,
Secretary.
[FR Doc. E9-4086 Filed 2-25-09; 8:45 am]

BILLING CODE 6717-01-P
