Federal Register / Vol. 83, No. 121 / Friday, June 22, 2018 / Notices 29111 

c. Date Filed: September 26, 2017. 

d. Applicant: Woodland Pulp, LLC 

(licensee). 

e. Name of Project: West Branch 

Hydroelectric Project. 

f. Location: The project is located on 

the West Branch of the St. Croix River 

in Washington County, Maine. 

g. Filed Pursuant to: Federal Power 

Act, 16 U.S.C. 791a–825r. 

h. Applicant Contact: C. Scott Beal, 

Woodland Pulp, LLC, 144 Main Street, 

Baileyville, ME 04619. 

i. FERC Contact: Michael Calloway at 

202–502–8041, or michael.calloway@

ferc.gov. 

j. Deadline for filing comments, 

motions to intervene, and protests is 45 

days from the issuance of this notice by 

the Commission. The Commission 

strongly encourages electronic filing. 

Please file motions to intervene, 

protests, and comments 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 

FERCOnlineSupport@ferc.gov, (866) 

208–3676 (toll free), or (202) 502–8659 

(TTY). In lieu of electronic filing, please 

send a paper copy to: Secretary, Federal 

Energy Regulatory Commission, 888 

First Street NE, Washington, DC 20426. 

The first page of any filing should 

include docket number P–2618–032. 

k. Description of Request: The 

licensee filed an American Eel 

Migration Study Plan and Proposed 

Design Plans for American Eel Passage 

pursuant to Article 401 of the project 

license and U.S. Fish and Wildlife and 

Service Fishway Prescription Nos. a(ii), 

b(ii), a(iii), and b(vii) contained in 

Appendix A of the license. Both 

proposals only address American eel 

passage and effectiveness evaluation at 

the project’s West Branch development; 

these proposals do not address passage 

and evaluation at the Sysladobsis 

development—because of the licensee’s 

pending amendment application (filed 

January 31, 2017) to remove the 

Sysladobsis development from the 

project license. The Proposed Design 

Plans for American Eel Passage provides 

a draft design for eel passage, but 

proposes to suspend passage until after 

the eel migration studies provide data to 

inform the design and siting of the eel 

passage measure. The American Eel 

Migration Study Plan provides a plan to 

evaluate eel abundance at various 

locations, inform design of eel passage 

facilities, and evaluate effectiveness of 

the facilities for up to 3 years. 

l. Locations of the Application: A 

copy of the application is available for 

inspection and reproduction at the 

Commission’s Public Reference Room, 

located at 888 First Street NE, Room 2A, 

Washington, DC 20426, or by calling 

202–502–8371. This filing may also 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 866–208–3676 or 

email FERCOnlineSupport@ferc.gov, for 

TTY, call 202–502–8659. A copy is also 

available for inspection and 

reproduction at the address in item (h) 

above. 

m. Individuals desiring to be included 

on the Commission’s mailing list should 

so indicate by writing to the Secretary 

of the Commission. 

n. 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. 

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. 

o. Filing and Service of Responsive 

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 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 and otherwise comply with the 

requirements of 18 CFR 4.34(b). All 

comments, motions to intervene, or 

protests should relate to the American 

Eel Migration Study Plan and the Final 

Design Plans for American Eel Passage. 

Agencies may obtain copies of plans 

directly from the applicant. A copy of 

any protest or motion to intervene must 

be served upon each representative of 

the applicant specified in the particular 

application. If an intervener 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. A copy of all 

other filings in reference to this 

application 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 4.34(b) and 

385.2010. 

Dated: June 15, 2018. 

Kimberly D. Bose, 

Secretary. 

[FR Doc. 2018–13365 Filed 6–21–18; 8:45 am] 

BILLING CODE 6717–01–P 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

[Project No. 2790–072] 

Boott Hydropower, LLC; Notice of 

Intent To File License Application, 

Filing of Pre-Application Document 

(PAD), Commencement of Pre-Filing 

Process, and Scoping; Request for 

Comments on the PAD and Scoping 

Document, and Identification of Issues 

and Associated Study Requests 

a. Type of Filing: Notice of Intent to 

File License Application for a New 

License and Commencing Pre-filing 

Process. 

b. Project No.: 2790–072. 

c. Dated Filed: April 30, 2018. 

d. Submitted By: Boott Hydropower, 

LLC (Boott). 

e. Name of Project: Lowell 

Hydroelectric Project. 

f. Location: On the Merrimack River, 

in Middlesex County, Massachusetts 

and Hillsborough County, New 

Hampshire. The project does not occupy 

any Federal land. 

g. Filed Pursuant to: 18 CFR part 5 of 

the Commission’s Regulations. 

h. Potential Applicant Contact: Kevin 

Webb, Hydro Licensing Manager, Enel 

Green Power North America, Inc., 100 

Brickstone Square, Suite 300, Andover, 

MA 01810, (978) 935–6039. 

i. FERC Contact: Steve Kartalia at 

(202) 502–6131 or email at 

stephen.kartalia@ferc.gov. 

j. Cooperating agencies: Federal, state, 

local, and tribal agencies with 

jurisdiction and/or special expertise 

with respect to environmental issues 


daltland on DSKBBV9HB2PROD with NOTICES
29112 Federal Register / Vol. 83, No. 121 / Friday, June 22, 2018 / Notices 

that wish to cooperate in the 

preparation of the environmental 

document should follow the 

instructions for filing such requests 

described in item 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 Massachusetts and 

New Hampshire State Historic 

Preservation Officers, as required by 

section 106 of the National Historic 

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 

Boott 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. Boott filed with the Commission a 

Pre-Application Document (PAD; 

including a proposed process plan and 

schedule), pursuant to 18 CFR 5.6 of the 

Commission’s regulations. 

n. A copy of the PAD is available for 

review at the Commission in the Public 

Reference Room or may be viewed on 

the Commission’s website (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, (866) 208–3676 (toll free), or 

(202) 502–8659 (TTY). A copy is also 

available for inspection and 

reproduction at the address in 

paragraph h. 

Register online at http://

www.ferc.gov/docs-filing/ 

esubscription.asp to be notified via 

email of new filing and issuances 

related to this or other pending projects. 

For assistance, contact FERC Online 

Support. 

o. With this notice, we are soliciting 

comments on the PAD and Commission 

staff’s Scoping Document 1 (SD1), as 

well as study requests. All comments on 

the PAD and SD1, and study requests 

should be sent to the address above in 

paragraph h. In addition, all comments 

on the PAD and SD1, study requests, 

requests for cooperating agency status, 

and all communications to and from 

Commission staff related to the merits of 

the potential application must be filed 

with the Commission. 

The Commission strongly encourages 

electronic filing. Please file all 

documents 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 

FERCOnlineSupport@ferc.gov. In lieu of 

electronic filing, please send a paper 

copy to: Secretary, Federal Energy 

Regulatory Commission, 888 First Street 

NE, Washington, DC 20426. The first 

page of any filing should include docket 

number P–2790–072. 

All filings with the Commission must 

bear the appropriate 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 SD1, and any agency 

requesting cooperating status must do so 

within 60 days of issuance. 

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 tribe, 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: 

Daytime Scoping Meeting 

Date: Tuesday, July 17, 2018. 

Time: 10:00 a.m. 

Location: UMass Lowell Inn and 

Conference Center, Grand Ballroom, 50 

Warren St., Lowell, MA 01852. 

Phone: (978) 934–6918. 

Evening Scoping Meeting 

Date: Tuesday, July 17, 2018. 

Time: 6:00 p.m. 

Location: UMass Lowell Inn and 

Conference Center, Grand Ballroom, 50 

Warren St., Lowell, MA 01852. 

Phone: (978) 934–6918. 

Scoping Document 1 (SD1), which 

outlines the subject areas to be 

addressed in the environmental 

document, was mailed to the 

individuals and entities on the 

Commission’s mailing list. Copies of 

SD1 will be available at the scoping 

meetings, or may be viewed on the web 

at http://www.ferc.gov, using the 

‘‘eLibrary’’ link. Follow the directions 

for accessing information in paragraph 

n. Based on all oral and written 

comments, a Scoping Document 2 (SD2) 

may be issued. SD2 may include a 

revised process plan and schedule, as 

well as a list of issues, identified 

through the scoping process. 

Environmental Site Review 

The licensee and Commission staff 

will conduct an environmental site 

review of the project on Wednesday, 

July 18, 2018, starting at 9:00 a.m. All 

participants should meet at the Eldred 

L. Field Powerhouse, located at 145 

Pawtucket St., Lowell, MA 01854. 

If you plan to attend the 

environmental site review, please email 

Kevin Webb of Boott at kevin.webb@

enel.com on or before July 11, 2018, and 

indicate how many participants will be 

attending with you. Participants should 

park at the UMass Lowell East Campus 

Garage at 47 Pawtucket St., Lowell (no 

parking fee). After parking, exit the 

garage onto Pawtucket St. and follow 

the street to the right (west) about 500 

feet. The entrance to the E.L. Field 

Powerhouse is through the gate on the 

right, just before the bridge over the 

Northern Canal. Boott’s safety policies 

require that participants wear sturdy 

footwear; no sandals, open-toed shoes, 

or shorts. 

The Lowell Project’s facilities are 

spread out throughout the City of 

Lowell. Due to limited parking at many 

locations, Boott will transport 

participants between facilities by bus. 

The tour will last for 5 to 6 hours. For 

any questions concerning the 

environmental site visit please contact 

Kevin Webb at (978) 935–6039 or 

kevin.webb@enel.com. 

Meeting Objectives 

At the scoping meetings, staff will: (1) 

Initiate scoping of the issues; (2) review 

and discuss existing conditions and 

resource management objectives; (3) 


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Federal Register / Vol. 83, No. 121 / Friday, June 22, 2018 / Notices 29113 

review and discuss existing information 

and identify preliminary information 

and study needs; (4) review and discuss 

the process plan and schedule for prefiling 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 the appropriateness of 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 SD1 are included in item 

n. of this document. 

Meeting Procedures 

The meetings will be recorded by a 

stenographer and will be placed in the 

public records of the project. 

Dated: June 15, 2018. 

Kimberly D. Bose, 

Secretary. 

[FR Doc. 2018–13368 Filed 6–21–18; 8:45 am] 

BILLING CODE 6717–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OGC–2018–0378; FRL–9979–73– 

OGC] 

Proposed Stipulated Order of Partial 

Dismissal, Endangered Species Act 

Claims 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of proposed stipulated 

order of partial dismissal; request for 

public comment. 

SUMMARY: In accordance with the 

Environmental Protection Agency (EPA) 

Administrator’s October 16, 2017, 

Directive Promoting Transparency and 

Public Participation in Consent Decrees 

and Settlement Agreements, notice is 

hereby given of a proposed stipulated 

order of partial dismissal to address 

several claims in a lawsuit filed by the 

Northwest Environmental Advocates 

(‘‘Plaintiff’’) in the United States District 

Court for the Western District of 

Washington: Northwest Environmental 

Advocates v. United States 

Environmental Protection Agency, No. 

2:14–cv–0196. On September 1, 2015, 

Plaintiff filed an amended complaint 

alleging, inter alia, that the United 

States Environmental Protection Agency 

(‘‘EPA’’) failed to perform duties 

mandated by the Endangered Species 

Act (‘‘ESA’’) to consult with the Fish & 

Wildlife Service and the National 

Marine Fisheries Service (collectively 

‘‘the Services’’) regarding water quality 

standards adopted by Washington and 

approved by the EPA. The proposed 

stipulated order of partial dismissal 

would set a deadline for EPA to 

complete an ESA effects determination 

for its February 11, 2008, approval of 

Washington’s revisions to the State’s 

ammonia criteria and, as appropriate, 

request initiation of any necessary ESA 

consultation with the Services. 

DATES: Written comments on the 

proposed stipulated order of partial 

dismissal must be received by July 23, 

2018. 

ADDRESSES: Submit your comments, 

identified by Docket ID number EPA– 

HQ–OGC–2018–0378, online at 

www.regulations.gov (EPA’s preferred 

method). For comments submitted at 

www.regulations.gov, follow the online 

instructions for submitting comments. 

Once submitted, comments cannot be 

edited or removed from 

www.regulations.gov. The EPA may 

publish any comment received to its 

public docket. Do not submit 

electronically any information you 

consider to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Multimedia submissions (audio, video, 

etc.) must be accompanied by a written 

comment. The written comment is 

considered the official comment and 

should include discussion of all points 

you wish to make. The EPA generally 

will not consider comments or comment 

contents located outside of the primary 

submission (i.e. on the web, cloud, or 

other file sharing system). For 

additional submission methods, please 

contact the person identified in the FOR

FURTHER INFORMATION CONTACT section. 

For the full EPA public comment policy, 

information about CBI or multimedia 

submissions, and general guidance on 

making effective comments, please visit 

http://www2.epa.gov/dockets/ 

commenting-epa-dockets. 

FOR FURTHER INFORMATION CONTACT: 

Thomas Glazer, Water Law Office 

(7426N), Office of General Counsel, U.S. 

Environmental Protection Agency, 1200 

Pennsylvania Ave. NW, Washington, DC 

20460; telephone: (202) 564–0908; email 

address: Glazer.Thomas@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Additional Information About the 

Proposed Stipulated Dismissal 

On February 10, 2014, Plaintiff filed 

suit in the federal district court for the 

Western District of Washington. 

Plaintiff’s original Complaint brought 

five claims alleging violations of ESA 

section 7, CWA section 303(c), and the 

Administrative Procedures Act 

(‘‘APA’’). Following EPA’s motion to 

partially dismiss on statute of 

limitations grounds, NWEA filed an 

Amended Complaint on September 1, 

2015, which alleges four broad sets of 

claims. Plaintiff’s first claim alleges that, 

on February 11, 2008, EPA approved 

revised State of Washington Department 

of Ecology (Washington) water quality 

standards involving metals conversion 

factors and ammonia criteria without 

initiating consultation under ESA 

section 7(a)(2) in contravention of the 

ESA. Plaintiffs’ second claim alleges 

that the listing of new species, 

designation of new critical habit, and 

Washington’s completion of a 2009 

study regarding dissolved oxygen all 

triggered an obligation for EPA to 

reinitiate consultation on various 

natural conditions criteria provisions 

pertaining to temperature and dissolved 

oxygen that EPA approved on February 

11, 2008. 

The proposed stipulated order of 

partial dismissal would resolve these 

ESA claims. As described in paragraph 

three of the proposed stipulated order of 

dismissal, within three years, EPA will 

complete an ESA effects determination 

pursuant to 50 CFR 402.14(a) for its 

February 11, 2008 approval of 

Washington’s revisions to the State’s 

ammonia criteria and, as appropriate, 

request initiation of any necessary ESA 

consultation with the Services. If during 

that time, Washington submits revisions 

to the ammonia criteria and EPA 

intends to approve, EPA will complete 

an effects determination and, if 

appropriate, request initiation of any 

necessary ESA consultation with the 

Services within one year of submission 

or three years of the Court’s approval of 

the stipulated order of dismissal, 

whichever is later. Portions of claims 

three and four would also be dismissed 

in exchange for commitments by 

Washington, but EPA is not taking 

comment on those aspects of the 

proposed stipulated order of partial 

dismissal. See the proposed stipulated 

order of partial dismissal for specific 

details. 

For a period of thirty (30) days 

following the date of publication of this 

notice, the Agency will accept written 

comments relating to the resolution of 

the ESA claims contained in the 

proposed stipulated order of partial 

dismissal from persons who are not 

named as parties or intervenors to the 

litigation in question. If so requested, 

EPA will also consider holding a public 


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