PUBLIC NOTICE Publication Date: June 20, 2016 Expiration Date: 30 Days After Date of Publication TO WHOM IT MAY CONCERN: State Water Quality Certification, as required by Section 401 of the Clean Water Act, has been requested of the West Virginia Department of Environmental Protection (WVDEP) for: Hawks Nest Hydroelectric Project Hawks Nest Hydro, LLC – 399 Big Bay Road, Queensbury, NY 12804 SCOPE OF CERTIFICATION: Pursuant to Section 401 of the Federal Clean Water Act, the State may, either certify, certify with conditions, deny or waive certification that the proposed activity will comply with Sections 301, 302, 303, 306 and 307 of the Federal Clean Water Act and other appropriate requirements of State law. When issuing certification, the WVDEP may consider the proposed activity’s impact on water resources, fish and wildlife, recreation, critical habitats, wetlands and other natural resources under its jurisdiction. Procedural and interpretive regulations governing the scope of the Department’s certification, public comment, hearings and appeals are in Title 47, Series 5A. DESCRIPTION OF THE ACTIVITY: Hawks Nest Hydro, LLC (“Hawks Nest Hydro” or “Applicant”), a subsidiary of Brookfield Renewable, owns, operates, and maintains the Hawks Nest Hydroelectric Project (Hawks Nest) (FERC Project No. 2512) located in Fayette County, West Virginia. Hawks Nest is located along the New River and has a total installed capacity of 102 megawatts. Hawks Nest Hydro is pursuing a new license from the Federal Energy Regulatory Commission (“Commission” or “FERC”) for the continued operation and maintenance of the Project. Hawks Nest Hydro filed a final application for new licenses with the Commission on December 29, 2015. In the final license application, Hawks Nest Hydro proposed to continue to operate the Project in its existing manner, with additional protection, mitigation, and enhancement measures related to aquatic habitat, resident fish species, terrestrial resources, historic properties, and recreation associated with the Project. In particular, the final license application includes measures for increases in bypass flows, compensation for fish entrainment, the protection of endangered species, continued funding of recreation facilities, funding for recreation enhancements, the development of a flow notification package for whitewater boaters and other river users, recreational flow releases in the Hawks Nest bypass reach, and management measures for historic and archaeological resources. As required for the new license from FERC, on June 1, 2016, Hawks Nest Hydro filed an application for 401 Water Quality Certification from the West Virginia Department of Environmental Protection for the continued operation of the Hawks Nest Project. No construction activities are proposed with the continued operation of this project. No wetlands within the Hawks Nest project boundary will be affected by the issuance of a new license for the project. PROJECT LOCATION: Refer to the figure that follows for a general map showing the location of the Hawks Nest Hydroelectric Project. INFORMATION AVAILABLE: The Water Quality Certification application is available for inspection between the hours of 9:00 a.m. and 4:00 p.m., Monday through Friday, at the following location: WV Department of Environmental Protection Division of Water and Waste Management 401 Certification Program 601 57th Street SE Charleston, West Virginia 25304 COMMENTS: Comments and information relating to Section 401 Water Quality Certification for this activity are hereby solicited. Such information on the activity’s impact will be considered if postmarked prior to the expiration date of this notice. The need for a public hearing will be determined based on an evaluation of specific request for such hearing. All comments and information should be mailed to: WV Department of Environmental Protection Division of Water and Waste Management 401 Certification Program 601 57th Street SE Charleston, West Virginia 25304 Comments and information postmarked later than the expiration date may not be considered. 6-27-MON-2-Ft; LG 282
