### From: Milligan, Lauren [Lauren.Milligan@dep.state.fl.us]

Sent: Friday, February 15, 2013 10:30 AM

To: Oquendo, Ana
Subject: FW: Shady Hills Generating Station Expansion Project in Pasco Co.



### Here it is. Thank you for calling about this!



## Lauren

Lauren P. Milligan, Environmental Manager Florida State Clearinghouse Florida Department of Environmental Protection
3900 Commonwealth Blvd, M.S. 47
Tallahassee, FL 32399

- 3000 ph. (850) 245

- 2170 fax (850) 245

- 2190 http://www.dep.state.fl.us/secretary/oip/

From: Milligan, Lauren

Sent: Wednesday, January 23, 2013 11:05 AM

To: 'Hartman, Kelly'

Cc: Larocca, David Subject: RE: Shady Hills Generating Station Expansion Project in Pasco Co.



### Hi Kelly:

Thank yo u for calling today. As Kelly Samek confirms below, Air permits issued in the State of Florida do not require a CZMA federal consistency review per the following statutory authority ( i.e. , those permits are not included in the § 380.23(3)(c), Florida Stat utes , list below): http://www.flsenate.gov/Laws/Statutes/2012/380.23

380.23 Federal consistency.

— (3) Consistency review shall be limited to review of the following activities, uses, and projects to ensure that such activities, uses, and projects are conducted in accordance with the state’s coastal
management program: (c) Federally licensed or permitted activities affecting land or water uses when such activ ities are in or seaward of the jurisdiction of local governments required to develop a coastal zone protection element as provided in s. 380.24 and when such activities involve:

1. Permits and licenses required under the Rivers and Harbors Act of 1899, 33 U.S.C. ss. 401 et seq., as amended.

2. Permits and licenses required under the Marine Protection, Research and Sanctuaries Act of 1972, 33 U.S.C. ss. 1401

- 1445 and 16 U.S.C. ss. 1431

- 1445, as amended.

3. Permits and licenses required under the Federal Water Pollution Control Act of 1972, 33 U.S.C. ss. 1251 et seq., as amended, unless such permitting activities have been delegated to the state pursuant to said act.

4. Permits and licenses rel ating to the transportation of hazardous substance materials or transportation and dumping which are issued pursuant to the Hazardous Materials Transportation Act, 49 U.S.C. ss. 1501 et seq., as amended, or 33 U.S.C. s. 1321, as amended.5. Permits and licenses required under 15 U.S.C. ss. 717

- 717w, 3301

- 3432, 42 U.S.C. ss. 7101

-

7352, and 43 U.S.C. ss. 1331

- 1356 for construction and operation of interstate gas pipelines and storage facilities.

6. Permits and licenses required for the siting a nd construction of any new electrical power plants

as defined in s. 403.503 (14), as amended, and the licensing and relicensing of hydroelectric power plants under the Federal Power Act, 16 U.S.C. ss. 791a et seq., as amended.

7. Permits and licenses required under the Mining Law of 1872, 30 U.S.C. ss. 21 et seq., as amended; the Mineral Lands Leasing Act, 30 U.S.C. ss. 181 et seq., as amended; the Mineral Leasing Act for Acquired Lands, 30 U .S.C. ss. 351 et seq., as amended; the Federal Land Policy and Management Act, 43 U.S.C. ss. 1701 et seq., as amended; the Mining in the Parks Act, 16 U.S.C. ss. 1901 et seq., as amended; and the OCS Lands Act, 43 U.S.C. ss. 1331 et seq., as amended, for

d rilling, mining, pipelines, geological and geophysical activities, or rights

- of

- way on public lands and permits and licenses required under the Indian Mineral Development Act, 25 U.S.C. ss. 2101 et seq., as amended.

8. Permits and licenses for areas leased under the OCS Lands Act, 43 U.S.C. ss. 1331 et seq., as amended, including leases and approvals of exploration, development, and production plans.

9. Permits and licenses required under the Deepwater Port Act of 1974, 33 U.S.C. ss. 1501 et seq.,

as amended.

10. Permits required for the taking of marine mammals under the Marine Mammal Protection Act of 1972, as amended, 16 U.S.C. s. 1374.



## Lauren

Lauren P. Milligan, Environmental Manager Florida State Clearinghouse

Florida Department of Environmental Protection
3900 Commonwealth Blvd, M.S. 47
Tallahassee, FL 32399

- 3000 ph. (850) 245

- 2170 fax (850) 245

- 2190

From: Samek, Kelly

Sent: Friday, November 30, 2012 11:30 AM

To: Milligan, Lauren; 'Hartman, Kelly'

Cc: Larocca, Dav id; Coons, Kristen; Mulkey, Cindy Subject: RE: Shady Hills Generating Station Expansion Project in Pasco Co.



### Lauren:

I haven’t completely peeled back the layers of this particular onion, but my quick reaction is that I believe you are on the right track. While it is a general principle of

CZMA that “ federal law requires that a federal agency’s actions be in compliance with the Coastal Zone Management Act,” this appears to be a federal licensing/permitting activity. In that case, the state’s consistency review is limited by state law to those permits and licenses granted under authorities listed at 380.23(3)(c), Fla. Stat. Air permitting is generally not included.



### Kelly Samek Coastal Program Administrator Florida Coastal Management Program

### Florida Depa rtment of Environmental Protection

From: Milligan, Lauren

Sent: Friday, November 30, 2012 11:20 AM

To: 'Hartman, Kelly'

Cc: Larocca, David; Samek, Kelly; Coons, Kristen; Mulkey, Cindy Subject: RE: Shady Hills Generating Station Expansion Project in Pasco Co.



### Hi Kelly:

Thanks for checking back with us. I am copying our Coastal Program Administrator, Ms. Kelly Samek, with the Florida Coastal Management Program to make sure, but I don’t believe the issuance of an EPA air/greenhouse gas (GHG) permit would require a federal consistency concurrence from the State of Florida, in accordance with Subsection 380.23(3)(c), Florida

Statutes

. The certification, licensing and permitting of the power plant itself does, however, require a federal consistency review in Florida under that statute

– that would occur during the Power Plant Siting Certification and concurrent ERP permitting process as far as I know. I’m also copying the Program Administrator, Ms. Cindy Mulkey, of our Siting Coordination Office

for her thou ghts on this proposal.

This is the first request to review an air or GHG permit that I’ve ever received, so we may need to confer internally and get back with you on this one.

Thanks!



## Lauren

Lauren P. Milligan, Environmental Manager Florida State Clearinghouse Florida Department of Environmental Protection
3900 Commonwealth Blvd, M.S. 47
Tallahassee, FL 32399

- 3000 ph. (850) 245

- 2170 fax (850) 245

- 2190

From: Hartman, Kelly [ mailto:Kell y_Hartman@golder.com ]

Sent: Friday, November 30, 2012 10:46 AM

To: Milligan, Lauren

Cc: Larocca, David Subject: RE: Shady Hills Generating Station Expansion Project



### Hello Lauren,

EFS Shady Hills, LLC is seeking to obtain the necessary air construction p ermits for the project prior to
applying for an Environmental Resource Permit (ERP) for the expansion of the Shady Hills Generating

Station. FDEP has issued EFS Shady Hills, LLC an Air Construction Permit PSD

- FL

- 402A for the project and

as described EFS S hady Hills, LLC has submitted an application to EPA for permitting of GHG emissions

### from the project. EPA Region IV is the permitting authority for the GHG

- portion of the expansion project

under a Federal Implementation Plan (FIP) that became effective on December 30, 2010. Federal law
requires that a federal agency’s actions be in compliance with the Coastal Zone Management Act. Since an
ERP has not been issued for the project, EFS Shady Hills, LLC, is requesting FDEP’s review of the project

for consisten cy with the Florida Coastal Management Program. It should be noted that EFS Shady Hills
LLC is the applicant and not Shady Hills Power Company, LLC as indicated in the email submittal on
11/29/12.

If you have any questions, please feel free to contact me

.

Thank you,

Kelly Hartman | Environmental Land Use Planner | Golder Associates Inc. 5100 West Lemon Street, Suite 208, Tampa, Florida, USA 33609

T: +1 (813) 287

- 1717 | D: +1 (813) 287

- 1717 | F: +1 (813) 287

- 1716 | C: +1 (352) 514

- 4760 | E: Kelly_Hartman@golder.com | www.golder.com

Work Safe, Home Safe

This email transmission is confidential and may contain proprietary information for the exclusive use of the intended recipient. Any use, distribution or copying of this transmission, other than by the intended recipient, is strictly prohibited. If you are not th e intended recipient, please notify the sender and delete all copies. Electronic media is susceptible to unauthorized modification, deterioration, and incompatibility. Accordingly, the electronic media version of any work product may not be relied upon.

Golder, Golder Associates and the GA globe design are trad emarks of Golder Associates Corporation.



##  Please consider the environment before printing this email

From: Milligan, Lauren [ mailto:Lauren.Milligan@dep.state.fl.us ]

Sent: Thursday, November 2 9, 2012 9:56 AM

To: Hartman, Kelly

Cc: Larocca, David Subject: RE: Shady Hills Generating Station Expansion Project



### Hi Kelly

– did the power plant expansion require the issuance or modification of an Environmental Resource Permit by the DEP Southwest Dist rict Office in Temple Terrace? It appears that it would have, given the footprint expansion. If the ERP was issued, it constitutes the state’s final concurrence of the project’s consistency with the Florida Coastal Management Program, in accordance with Section 373.428, Florida Statutes

.

Thanks!



## Lauren

Lauren P. Milligan, Environmental Manager Florida State Clearinghouse Florida Department of Environmental Protection

### 3900 Commonwealth Blvd, M.S. 47

Tallahassee, FL 32399

- 3000 ph. (850) 245

- 2170 fax (850) 245

- 2190

Please take a few minutes to share your comments on the service you received from the department by clicking on this link DEP Customer Survey

. From: Hartman, Kelly [ mailto:Kelly_Hartman@golder.com ]

Sent: Thursday, November 29, 2012 9:19 AM

To: Milligan, Lauren

Cc: Larocca, David Subject: Shady Hills Generating Station Expansion Project



### He llo Lauren,
A subsidiary of Shady Hills, the Shady Hills Power Company, LLC, owns and operates the Shady Hills
Generating Station located at 14240 Merchant Energy Way, Shady Hills, Pasco County, Florida. Shady
Hills is proposing to expand the Shady Hills Generating Station with the addition of two nominal 218

- megawatt (MW) simple cycle combustion turbine

- electric generators and associated ancillary
equipment (Project.) The proposed expansion is a major modification to the existing facility and subject

to P revention of Significant Deterioration (PSD) for specific air emissions. The Florida Department of
Environmental Protection has issued a final air construction permit (Air Permit No. 1010373

- 012

- AC

PSD

- FL

- 402A) for the project for all applicable air pollut ants except greenhouse gas (GHG). The Shady
Hills Generating Station and Project are located in unincorporated Pasco County, Florida within Section
25, Township 24S, and Range 17E (Figures 1 and 2). The Shady Hills property is approximately 30 acres.

EPA Region IV is the permitting authority for the GHG

- portion of the expansion project under a Federal Implementation Plan (FIP) that became effective on December 30, 2010. Federal law requires that a federal agency’s actions be in compliance with the Coastal Zone Management Act.

Golder respectfully requests that you review the project and confirm that, based on the characteristics and location of the Project, the Project is consistent with the Coastal Zone Management Act.



### If you have any questions, please f eel free to contact me.

Thank you,

Kelly L. Hartman | Environmental/Land Use Planner | Golder Associates Inc. 5100 W. Lemon Street, Suite 208 , Tampa, Florida, USA 33609

T: ( 813) 287

- 1717 | D: (813) 769

- 5311 | C: (352) 514

- 4760 | F: (813) 287

- 1716| E: khartman@golder.com |

Work Safe, Home Safe

This e

- mail transmission is confidential and may contain proprietary information for the express use of the intended recipient. Any use, distribution or copy ing of this transmission, other than by the intended recipient, is strictly prohibited. If you are not the intended recipient, please notify the sender and delete all copies. Electronic media aresusceptible to unauthorized modification, deterioration, and incompatibility. Accordingly, the electronic media

version of any work product may not be relied upon.



##  Please consider the environment before printing this email

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