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E-Mail: Snchamberso,Iacksonkellv.Com State Bar No 500 LEE STREET EAST SUITE 1600 PO BOX 553 CHARLESTON. WEST VIRGINIA 25322 0 TELEPHONE 304-340-1000 TELECOPIER 304-340-1 130 w.locksonkcl/y.com DIRECT TELEPHONE: (304) 340- 12 14 DIRECT TELECOPIER: (304) 340-1080 E-Mail: snchambersO,iacksonkellv.com State Bar No. 694 December 28,201 I VIA HAND DELIVERY Ms. Sandra Squire Executive Secretary Public Service Commission of West Virginia 201 Brooks Street Charleston, West Virginia 25301 Re: AES New Creek, LLC (Closed Entry) PSC Case No. 08-2 105-E-CS Dear Ms. Squire: On September 30, 2009, the Public Service Commission (“Commission”) entered an Order (“Order”) granting AES New Creek, LLC (“AES New Creek”) a Siting Certificate for the construction of a wind power project as described therein (the “Project”). The Order requires that prior to commencing construction of the Project, AES New Creek must file a verified statement indicating that all pre-construction conditions and requirements of the Siting Certificate have been met. In fulfillment of this requirement, AES New Creek submits the enclosed original and twelve (1 2) copies of the Verified Statement of Charles B. Falter, including fourteen (14) attachments (the “Verified Statement”). One of the attachments to the Verified Statement, Attachment 4, is being filed under seal. This attachment is a copy of correspondence dated June 23, 2008, from Barbara Sargent, Environmental Resources Specialist, Natural Heritage Program, West Virginia Division of Natural Resources, to Samantha Hard of TRC Solutions, an environmental consultant for AES New Creek. This correspondence contains highly sensitive information regarding the locations of unique habitat for various rare, threatened and endangered species. This information was provided by Ms. Sargent to AES New Creek on the express condition that it be used “for in-house planning purposes only and cannot be released to the public in any form.” Please accept this letter and the enclosed Verified Statement for filing as a closed entry in this matter and circulate the additional copies to the appropriate parties at the Commission. We also Charleston, WV Clarksburg, W Mamnsburg, WV Morgantown, WV *Wheeling, WV Denver, CO Lexington, KY Pittsburgh, PA Washington, Dc Ms. Sandra Squire Page 2 December 28,201 I ask that you date stamp the extra copy of the letter we have provided and return it with our messenger. Copies of this Verified Statement and attachments have been provided to the parties to this proceeding, As always, we appreciate your assistance in this matter. Sincerely, Enclosures c: Charles B. Falter (w/ encl.) Barry E. Sweizter (w/ encl.) Leslie Anderson, Esq. (w/ encl.) Vincent Trivelli, Esq. (w/ encl.) Bradley W. Stephens, Esq. (w/ encl.) { C222 108 1.11 PUBLIC SERVICE COMMISSION OF WEST VIRGINIA CHARLESTON “‘c“’ Lq CASE NO. 08-21 05-E-CS 22:46 kp4\ DEC 28 2Q’f’f PSC; c ,,,ll>~~ AES NEW CREEK, LLC Application for a Siting Certificate to Authorize the Construction and Operation of a Wholesale Electric Generating Facility in Grant County, West Virginia. VERIFIED STATEMENT OF CHARLES B. FALTER I, Charles B. Falter, after first having been duly sworn, state as follows: 1. I am an authorized representative of AES New Creek, LLC (“AES New Creek” or “New Creek”), and I am authorized to execute this Verified Statement on behalf of New Creek, 2. I am familiar with: a. New Creek’s efforts to construct a wholesale electric generating wind turbine facility and related interconnection facilities in Grant County (the “Project”) for which the Public Service Commission of West Virginia (“Commission”) granted a siting certificate subject to specified conditions in AES New Creek. LLC, Case No. 08-2105-E-CS (Commission Order dated September 30, 2009, as corrected by Commission Order dated November 4, 2009) (“Certificate Order”); and b. New Creek’s efforts to comply with the pre-construction conditions set forth in Section V (1)-( 10) of the Certificate Order (“Pre-Construction Conditions”). 3. New Creek has complied with each of the Pre-Construction Conditions with respect to Section V (1)-( 10) of the Certificate Order: Section V (1) Prior to commencing construction, AES New Creek must file a verified statement indicating that all pre-construction conditions and requirements of the certificate have been met. (Certificate Order at 48). New Creek Response: This Verified Statement of Charles B. Falter fulfills the requirements of Section V (1) of the Compliance Order. Section V (2) AES New Creek must not dispose of excavated rock and/or any bedding material during or following construction of the facility by spreading the material on agricultural land. (Certificate Order at 48). { C2215676.2) New Creek Resuonse: New Creek will not dispose of excavated rock and/or any bedding material during or following construction of the facility by spreading the material on agricultural land. As evidence of this fact, the NPDES permit application filed by New Creek has not indicated any plans to do so and has not sought permission from the Corps or WVDEP to do so. Section V (3) AES New Creek must dispose of all contaminated soil and construction debris in approved landfills in accordance with appropriate environmental regulations. (Certificate Order at 48). New Creek Resuonse: New Creek will dispose of all contaminated soil and construction debris in approved landfills in accordance with appropriate environmental regulations. Section V (4) AES New Creek must design and install any needed fire protection systems in accordance with the National Fire Protection Association or other accepted standards. (Certificate Order at 48). New Creek Resuonse: New Creek will design and install any needed fire protection systems in accordance with the National Fire Protection Association. Section V (5) AES New Creek must coordinate with appropriate fire, safety and emergency personnel during the pre-construction stage of the Project to promote efficient and timely emergency preparedness and response. (Certificate Order at 48). New Creek Resuonse: New Creek has been coordinating and will continue to coordinate with appropriate fire, safety and emergency personnel during the pre-construction stage of the Project to promote efficient and timely emergency preparedness and response. Attachment 1 hereto is a letter dated December 13, 201 1, from the Grant County Office of Emergency Services to the Commission confirming such coordination with Grant County personnel. Section V (6) The siting certificate shall become invalid if AES New Creek has not commenced a continuous course of construction within five years of the date the final certificate is granted without petitioning the Commission for approval to expand this time frame. (Certificate Order at 48). New Creek Resuonse: New Creek will commence a continuous course of construction within five years of the date the final certificate is granted without petitioning the Commission for approval to expand this time frame. (C2215676.2) 2 Section V (7) AES New Creek must file evidence that it has obtained any necessary environmental permits and/or certifications prior to commencing construction (including letters from United States Fish and Wildlife Service, West Virginia Division of Natural Resources, West Virginia Division of Cultural and History and West Virginia State Historic Preservation Office) indicating that either AES New Creek does not need to take further action or outlining what action AES New Creek needs to take to be in compliance with that agency’s rule or laws prior to any grading, soil excavation, and/or habitat removal or causing a similar action by others. (Certificate Order at 48-49). New Creek Response: New Creek has received all environmental permits and/or . certifications that are required for the Project. The responsive materials are as follows: a. United States Fish and Wildlife Service (“USFWS”) letter dated June 5, 2008, from Thomas R. Chapman, Field Supervisor for USFWS, attached as Attachment 2 hereto. b. USFWS letter dated September 30, 2009, from Deborah Carter, Field Supervisor for USFWS, attached as Attachment 3 hereto. c, West Virginia Division of Natural Resources (“WVDNR”) letter dated June 23,2008, from Barbara Sargent, Environmental Resources Specialist, designated as Attachment 4 hereto. NOTE: Attachment 4 is the response of WVDNR to a request on behalf of New Creek for information regarding unique habitats and rare, threatened and endangered species in the vicinity of the Project site. WVDNR states in Attachment 4 that cc[t]he location information provided with this response is highly sensitive and is to be used for in-house planning purposes only and cannot be released to the public in any form,” Consistent with WVDNR’s restriction on public disclosure, Attachment 4 is being filed as a confidential document under seal. d. Correspondence to Tony Colman dated August 11, 2010 from Scott G. Mandirola, Director, West Virginia Department of Environmental Protection (“WVDEP”), Division of Water & Waste Management, authorizing Project construction activity under WV/NPDES Permit No. WVO115924, issued on November 5, 2007, pursuant to General Permit Registration No. WVRlO4804. The aforementioned correspondence and WVMPDES Permit are attached as Attachment 5 hereto. e. West Virginia State Historical Preservation Office (“WVSHPO”) Letter dated December 2, 2008, from Susan M. Pierce, Deputy State Historic Preservation Officer, attached as Attachment 6 hereto. (C2215676.2) 3 f. WVSHPO Letter dated July 30,2009, from Susan M. Pierce, Deputy State Historic Preservation
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