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 you 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 Statutes, 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 activities 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 relating 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 and 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 

drilling, 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, David; 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 Department 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 thoughts 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:Kelly_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 permits 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 Shady 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 consistency 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 

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

Sent: Thursday, November 29, 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 District 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

Hello 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 Prevention 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 pollutants 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 feel 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|

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