
[Federal Register Volume 88, Number 247 (Wednesday, December 27, 2023)]
[Notices]
[Pages 89440-89441]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-28535]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 7987-016]


Up Property 2, LLC; Notice of Application for Surrender of 
Exemption Accepted for Filing, Soliciting Comments, Motions To 
Intervene, and Protests

    Take notice that the following hydroelectric application has been 
filed with the Commission and is available for public inspection:
    a. Application Type: Application for surrender of exemption.
    b. Project No: P-7987-016.
    c. Date Filed: October 5, 2023, as supplemented on October 20, 
2023, November 3, 2023, and November 13, 2023.
    d. Applicant: UP Property 2, LLC.
    e. Name of Project: High Falls Hydroelectric Project.
    f. Location: The project is located on the Deep River, in Moore 
County, North Carolina. The project does not include federal lands.
    g. Filed Pursuant to: Public Utility Regulatory Policies Act of 
1978, 16 U.S.C. 2705, 2708.
    h. Applicant Contact: Christine Pickens, Ph.D., Science Director, 
Unique Places to Save, P.O. Box 1183, Chapel Hill, NC 27514-1183. Phone 
(225) 931-2073 or [email protected].
    i. FERC Contact: Shana High, (202) 502-8674, [email protected].
    j. Cooperating agencies: With this notice, the Commission is 
inviting federal, state, local, and Tribal agencies with jurisdiction 
and/or special expertise with respect to environmental issues affected 
by the proposal, that wish to cooperate in the preparation of any 
environmental document, if applicable, to follow the instructions for 
filing such requests described in item l below. Cooperating agencies 
should note the Commission's policy that agencies that cooperate in the 
preparation of any environmental document cannot also intervene. See 94 
FERC ] 61,076 (2001).
    k. Water Quality Certification: The applicant must file no later 
than 60 days following the date of issuance of this notice: (1) a copy 
of the water quality certification for the proceeding before the 
Commission; (2) a copy of the request for certification, including 
proof of the date on which the certifying agency received the request; 
or (3) evidence of waiver of water quality certification.
    l. Deadline for filing comments, motions to intervene, and 
protests: January 19, 2023.
    The Commission strongly encourages electronic filing. Please file 
comments, motions to intervene, and protests using the Commission's 
eFiling system at http://www.ferc.gov/docs-filing/efiling.asp. 
Commenters can submit brief comments up to 6,000 characters, without 
prior registration, using the eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. You must include your name and contact 
information at the end of your comments. For assistance, please contact 
FERC Online Support at [email protected], (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: Secretary, Federal Energy Regulatory Commission, 888 
First Street NE, Room 1A, Washington, DC 20426.

[[Page 89441]]

Submissions sent via any other carrier must be addressed to: Secretary, 
Federal Energy Regulatory Commission, 12225 Wilkins Avenue, Rockville, 
Maryland 20852. The first page of any filing should include the docket 
number P-7987-016. Comments emailed to Commission staff are not 
considered part of the Commission record.
    The Commission's Rules of Practice and Procedure require all 
intervenors filing documents with the Commission to serve a copy of 
that document on each person whose name appears 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.
    m. Description of Request: The applicant proposes to surrender its 
exemption for the project. In September 2018, flooding associated with 
Hurricane Florence affected the project and filled the turbines and 
generators with mud and debris and caused the project to become 
inoperable. The applicant proposes to remove High Falls Dam and the 
impounded reservoir behind the dam. The removal of the dam would 
restore habitat in the Deep River for a variety of aquatic species, 
including the federally endangered Cape Fear Shiner and federally 
threatened Atlantic Pigtoe and return the Deep River to its historic 
channel and bed conditions. The applicant has been consulting with 
federal and state agencies including the U.S. Fish and Wildlife 
Service, U.S. Army Corps of Engineers, National Oceanic and Atmospheric 
Administration, North Carolina Wildlife Resources Commission, North 
Carolina Department of Environmental Quality, and North Carolina 
Historic Preservation Office.
    n. Locations of the Application: This filing may be viewed on the 
Commission's website at 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. You may also register 
online at http://www.ferc.gov/docs-filing/esubscription.asp to be 
notified via email of new filings and issuances related to this or 
other pending projects. For assistance, call 1-866-208-3676 or email 
[email protected], for TTY, call (202) 502-8659. Agencies may 
obtain copies of the application directly from the applicant.
    o. Individuals desiring to be included on the Commission's mailing 
list should so indicate by writing to the Secretary of the Commission.
    p. Comments, Protests, or Motions to Intervene: Anyone may submit 
comments, a protest, or a motion to intervene in accordance with the 
requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211, 
.214, respectively. In determining the appropriate action to take, the 
Commission will consider all protests or other comments filed, but only 
those who file a motion to intervene in accordance with the 
Commission's Rules may become a party to the proceeding. Any comments, 
protests, or motions to intervene must be received on or before the 
specified comment date for the particular application.
    q. Filing and Service of Documents: Any filing must (1) bear in all 
capital letters the title ``COMMENTS'', ``PROTEST'', or ``MOTION TO 
INTERVENE'' as applicable; (2) set forth in the heading the name of the 
applicant and the project number of the application to which the filing 
responds; (3) furnish the name, address, and telephone number of the 
person commenting, protesting or intervening; and (4) otherwise comply 
with the requirements of 18 CFR 385.2001 through 385.2005. All 
comments, motions to intervene, or protests must set forth their 
evidentiary basis. Any filing made by an intervenor must be accompanied 
by proof of service on all persons listed in the service list prepared 
by the Commission in this proceeding, in accordance with 18 CFR 
385.2010.
    r. The Commission's Office of Public Participation (OPP) supports 
meaningful public engagement and participation in Commission 
proceedings. OPP can help members of the public, including landowners, 
environmental justice communities, Tribal members and others, access 
publicly available information and navigate Commission processes. For 
public inquiries and assistance with making filings such as 
interventions, comments, or requests for rehearing, the public is 
encouraged to contact OPP at (202) 502-6595 or [email protected].

    Dated: December 20, 2023.
Kimberly D. Bose,
Secretary.
[FR Doc. 2023-28535 Filed 12-26-23; 8:45 am]
BILLING CODE 6717-01-P


