Table of Contents
BEFNOI Tribal Gov Comment Burns Paiute Teeman 2020-09-29 2 BEFNOI Tribal Gov Comment CTWSRO Nauer 2020-10-20 6 BEFNOI Tribal Gov Comment Klamath Tribes Anderson 2020-10-14 8 BEFNOI State Legislature Comment Representative Reschke 2020-10-28 11 BEFNOI State Legislature Comment Senator Linthicum 2020-10-28 12 BEFNOI Agency Comment Aviation Thompson 2020-10-07 15 BEFNOI Agency Comment BLM Heatley 2020-10-21 20 BEFNOI Agency Comment Bureau of Reclamation Olsson 2020-11-12 22 BEFNOI Agency Comment DOGAMI McClaughry 2020-11-30 30 BEFNOI Agency Comment DSL State Lands McAllister 2020-10-05 31 BEFNOI Agency Comment Navy Peacher 2020-10-02 33 BEFNOI Agency Comment Navy Peacher 2020-10-07 38 BEFNOI Agency Comment ODFW Collom 2020-10-27 45 BEFNOI Agency Comment SHPO Olguin Case No._ 20-1524_2020-10-29 49 BEFNOI Agency Comment Special Advisory Group Klamath County 2020-11-24 50 BEFNOI Agency Comment U.S. Army Corps of Engineers Andazola 2020-10-22 53 BEFNOI Local Government Comment Town of Bonanza Mayor Tyree 2020-10-27 57 CLIFFORD Katie * ODOE
From: Diane Teeman
Follow Up Flag: Follow up Flag Status: Flagged
Greetings Katie, We defer to the Klamath Tribes on this issue. Perry Chocktoot, Cultural Director, should be contacted if he hasn’t been already. Thank you. Sincerely, Diane
On Tue, Sep 29, 2020 at 5:44 PM CLIFFORD Katie * ODOE
Dear Ms. Teeman:
On August 7, 2020, the Oregon Department of Energy (ODOE), staff to the Energy Facility Siting Council (EFSC or Council), received a Notice of Intent (NOI) from Hecate Energy to submit an application for site certificate for the Bonanza
Energy Facility. This proposed solar facility would have a generating capacity between 150 MW and 300 MW (depending on the solar module technology selected at final design) and would be located in Klamath County, approximately 1 mile southeast of the town
1 of Bonanza. The solar array would be constructed on approximately 1,851 acres (2.89 square miles) and, together with its related or supporting facilities, would have a boundary totaling approximately 2,733 acres.
The attached memo provides more information about the proposed facility and the EFSC process. It also announces a public informational meeting that we will hold remotely on Tuesday, October 13th at 5:30 pm.
We are seeking the Burns Paiute Tribe’s input and comments on the proposed facility. The memo mentions a requested date of October 29th for providing this input, but this is not a firm deadline and we are seeking an ongoing conversation.
I would be happy to schedule a call with you at your earliest convenience.
Thank you.
Katie
2
Katie Clifford
Senior Siting Analyst
550 Capitol St. NE | Salem, OR 97301
Phone: 503-302-0267
-- Tribal Council Secretary-Treasurer; Director, Culture & Heritage Department Burns Paiute Tribe 100 Pasigo St. Burns, Oregon. 97720 541-413-1190 [email protected]
Doctoral Candidate Dept. of Anthropology University of Nevada, Reno [email protected]
3 WARNING AND CONFIDENTIALITY NOTICE: The information contained in this e-mail message, including any attachments, is confidential, may be subject to the attorney-client privilege or other privileges, may constitute inside information, and is intended only for the use of the intended addressees. In the event this communication was received by you in error, please notify the sender immediately; return this communication to the sender; and permanently delete this communication from your computer storage systems. Any unauthorized review, use, disclosure or distribution of this communication is strictly prohibited and may be unlawful.
4 CLIFFORD Katie * ODOE
From: Christian Nauer
Follow Up Flag: Follow up Flag Status: Flagged
Hi Katie,
Thank you very much for the opportunity to provide comment on the Bonanza Energy Facility Notice of Intent.
General Comment:
As the technical reviewer for NHPA Section 106 and other cultural resource issues for the Confederated Tribes of the Warm Springs Reservation of Oregon (CTWSRO), the CTWSRO Tribal Historic Preservation Office (THPO) has concerns with the potential effects to historic properties or cultural resources within the Project Area of Potential Effects (APE). The Project APE is within the areas of concern for the CTWSRO.
Project-specific Comment(s):
This office would like to defer comment on cultural resource issues related to this Project to our neighbors to the east. Please contact the Klamath Tribes Cultural Resources Department for comment.
Thank you for your efforts to protect cultural resources.
Best Regards, and Stay Safe,
Christian
Christian Nauer, MS Archaeologist Confederated Tribes of the Warm Springs Reservation of Oregon Branch of Natural Resources [email protected] Office 541.553.2026 Cell 541.420.2758
Standard Disclaimers:
*The Confederated Tribes of the Warm Springs Reservation of Oregon have reserved treaty rights in Ceded Lands, as well as Usual and Accustomed and Aboriginal Areas, as set forth through the Treaty with the Middle Tribes of Oregon, June 25, 1855.
1 *Please know that review by the Tribal Historic Preservation Office does not constitute Government-to-Government consultation. Please ensure that appropriate Government-to-Government consultation is made with the Confederated Tribes of the Warm Springs Tribal Council.
*The opinions expressed by this author do not necessarily represent those of the Confederated Tribes of the Warm Springs Reservation of Oregon. Information, contents, and attachments in this email are Private and Confidential. On Sep 29, 2020, at 5:53 PM, CLIFFORD Katie * ODOE
Good evening Christian,
On August 7, 2020, the Oregon Department of Energy (ODOE), staff to the Energy Facility Siting Council (EFSC or Council), received a Notice of Intent (NOI) from Hecate Energy to submit an application for site certificate for the Bonanza Energy Facility. This proposed solar facility would have a generating capacity between 150 MW and 300 MW (depending on the solar module technology selected at final design) and would be located in Klamath County, approximately 1 mile southeast of the town of Bonanza. The solar array would be constructed on approximately 1,851 acres (2.89 square miles) and, together with its related or supporting facilities, would have a boundary totaling approximately 2,733 acres.
The attached memo provides more information about the proposed facility and the EFSC process. It also announces a public informational meeting that we will hold remotely on Tuesday, October 13th at 5:30 pm.
We are seeking the Confederated Tribes of Warm Springs’ input and comments on the proposed facility. The memo mentions a requested date of October 29thfor providing this input, but this is not a firm deadline and we are seeking an ongoing conversation. I would be happy to schedule a call with you at your earliest convenience, to contact additional Tribal Government staff as appropriate, and/or to give a presentation on the project and process.
Hope you are doing okay with the wildfires.
Katie
2 CLIFFORD Katie * ODOE
From: Les Anderson
Follow Up Flag: Follow up Flag Status: Completed
Please consider this an official comment from the Klamath Tribes, Culture and Heritage Department.
Date: 10/14/2020
RE: Memorandum, Request for comment on the Notice of Intent (NOI) submitted by Hecate Energy Bonanza LLC for the Proposed Bonanza Energy Facility in, Bonanza, Klamath County, Oregon.
Dear Ms. Katie Clifford
Thank you for sending the notification memo and invite to the Klamath Tribes to participate in the Oregon Department of Energy (ODOE), on the Notice of Intent (NOI) to obtain a site certificate from Oregon Energy Facility Siting Council (EFSC). Regarding Hecate Energy NAF LLC for the Hecate Bonanza Energy Facility in Bonanza Oregon. Please note, Hecate Energy did meet with Klamath Tribes, Culture and Heritage Department (KTCHD) staff in September 2019. At that time the project design was for use of a natural gas-fired power plant and not photovoltaic solar facility, still a battery storage project. In which now, the footprint of the project facility has increased significantly for the solar facility. KTCHD will be requesting a new presentation from Hecate Energy to our Culture and Heritage Committee and Department staff before addressing the Klamath Tribes, Tribal Council regarding the project, as in moving forward with our Tribal Administration review process.
In reviewing the memo;
The Klamath Tribes are extremely interested in participating in the review process of NOI from EFSC. And will be giving/adding comments regarding concerns of the Klamath Tribes. The Section 106 review process of the National Historic Preservation Act (NHPA) 36 Part CFR 800 and its implementing regulations, will apply due to Cultural/Historic Resources findings regarding the project, with SHPO, EFSC and The Klamath Tribes in consultation. We do have a Natural Resource and Aquatic Departments and have included them on the response. In moving forward with comments on Wildlife and Fish habitat on the project area, those tribal departments may weigh in with their own responses. 1
Information Needed from Tribal Government;
As KTCHD moves forward in reviewing the NOI and commenting to EFSC. A complied list information requested from EFSC on Tribal Government information, will follow.
Evaluation of Study/Analysis Area; Per the discussion on project planning, location and design. I will be enclosing to you what KTCHD is requesting in way of Cultural/Archaeological protocol(s) regarding this project. As well as, requesting to have Tribal Cultural Monitor(s) present during all phases of Cultural/Archaeological work on the project; Pedestrian Survey, Archaeological Testing and Construction activities if and when needed for the project. In the planning phase of the project, there will needs to be a new cultural/archaeological pedestrian survey completed before any ground disturbing activities start. And the sharing of those results from the survey for review and consultation with both Oregon Heritage, State Historic Preservation Office (SHPO) and KTCHD. I am suggesting for Hecate Energy NAF LLC to not use the old COB Energy Facility Project Report 2005 as part of this process. As the facility site has been increased significantly and the old report and survey will need to be revisited and updated regarding the findings from the new report generated by the new project area. Also adding, there will be potentially eligible resources affected and lost by construction and operations of the new facility.
Any sensitive resources or known within the background research or new inadvertent discoveries during the pedestrian survey will need to be recorded, avoided and flagged out of the Area of Potential Effects (APE). As well as consultation on those resources and areas and known during the survey phase before implementation of the project with SHPO, EFSC and KTCHD
For the ground disturbing activities due to Archaeological/Construction needs, will need to be monitored for cultural resources and if within confluences of springs, streams and wet lands added measures may apply. Also protection activities may include significant botanicals areas and areas used for traditional use by the Klamath Tribes. During the recording of a significant cultural area(s) to the Tribes. Hecate Energy/consulting firm must take into count, recording of a negative impact(s) to the cultural landscape(s) and view shed. Also protection activities may include significant botanical(s) areas for traditional use by the Klamath Tribes.
The KTCHD will be adding comments as we continue to review and coordinate with EFSC staff with the Hecate Energy Bonanza Project.
Thank you again for the outreach and should you have question, please feel free to contact the Culture and Heritage Department for discussion.
Respectfully Les Anderson
From: CLIFFORD Katie * ODOE [mailto:[email protected]] Sent: Tuesday, September 29, 2020 5:38 PM To: Perry Chocktoot
2
Dear Perry and Les,
Thank you for taking the time to meet with us in August about the Energy Facility Siting Council review process. At that time I briefly mentioned that we would be reaching out again soon about the Bonanza Energy Facility.
Hecate Energy Bonanza LLC submitted a Notice of Intent (NOI) to file an application for site certificate for the proposed photovoltaic solar energy facility. The site boundary encompasses approximately 2,733 acres in Klamath County approximately 1 mile southeast of Bonanza. The applicant must obtain a site certificate from EFSC in order to construct and operate the proposed facility.
The attached memo provides more information about the proposed facility and the EFSC process. It also announces a public informational meeting that we will hold remotely on Tuesday, October 13th at 5:30 pm.
We are seeking the Klamath Tribes’ input and comments on the proposed facility. The memo mentions a requested date of October 29th for providing this input, but this is not a firm deadline and we are seeking an ongoing conversation. To that point, I do apologize that I was unable to attend the September meeting of the Culture and Heritage Committee. I ended up having to evacuate due to the Clackamas County wildfires (but am now home again).
I would be happy to discuss our review of this proposed facility when it is convenient for you, such as at a future Culture and Heritage Committee meeting or directly.
I hope you both have been safe and well this wildfire season.
Katie
Katie Clifford Senior Siting Analyst 550 Capitol St. NE | Salem, OR 97301 Phone: 503-302-0267
3 From: Rep Reschke Sent: Wednesday, October 28, 2020 10:30 AM To: CLIFFORD Ka e * ODOE Cc: SEN Linthicum Subject: Bonanza Energy Project
Ms. Clifford,
I have just learned about a massive solar/hybrid energy project that is being discussed for my district. My cons tuents strongly oppose it. Moreover, from what I’ve heard the comment period ends tomorrow?
Who can I formally write to make sure my comments are on the record? Also who can I talk with to learn more about this project? I have spoken with Senator Linthicum and he also just learned about this project. How can this be, that the people’s representa ves are not informed clearly and directly by EFSC concerning a project of this magnitude in their district? Was a message le at my office? Was an email sent, was a le er sent informing me that an energy company wished to build a power plant in my district and was going through the EFSC proceed?
Thank you for your me. I look forward to your mely response.
Best regards, -Werner
E. WERNER RESCHKE State Representa ve, H ouse District 56 Southern Klamath & Lake Coun es State Capitol: H384 (503) 986-1456 - Offi ce (541) 891-0799 - Cell/M obile
From: Sen Linthicum Sent: Wednesday, October 28, 2020 1:26 PM To: CLIFFORD Ka e * ODOE Cc: Energy Si ng * ODOE; REP Reschke Subject: Bonanza Energy Facility A achments: 10.28.2020 Le er to EFSC - Bonanza Energy Si ng Comments.pdf
Hello Ms. Clifford,
A ached please find my comments for the public record with regard to the proposed Bonanza Energy Facility.
Regre ully, I was unaware of this proposal un l cons tuents in my area started asking ques ons and sending e-mail messages. I was surprised that a facility of this capacity and size could remain under wraps without, apparently, any no fica ons being sent to county commissioners, state house members or senate members.
I am concerned about this proposal given the Energy Facility Si ng Council's standards for new energy facili es, that must align with requirements to protect natural resources, ensure public health and safety, and protect against adverse environmental impacts.
I am anxious to see how EFSC determines the answers to the three fundamental ques ons for evalua ng new proposals: 1. Does the applicant have the appropriate abili es to build this energy facility? 2. Is the site suitable? 3. Would the facility have adverse impacts on the environment and the community?
In closing, I curious about next steps and staying informed on the proposed review meline. Is it possible to get my eMail address placed on a no fica on list for any changes, mee ngs, or review details for this project?
Thanks, in advance, for your help in keeping me informed about this proposal.
Best Regards,
Dennis Linthicum ______Oregon Senate District 28 (O) (503) 986-1728 900 Court Street, Office S-305 | Salem OR,97301 www.oregonlegislature.gov/Linthicum
Please note that all emails sent to and from this email address may be shared among Senator Dennis Linthicum and his staff and may be subject to disclosure under Oregon public records laws.
DENNIS LINTHICUM STATE SENATOR District - 28
OREGON STATE SENATE 900 COURT STREET NE, S-305 SALEM, OR 97301
Katie Clifford - Senior Siting Analyst Oregon Department of Energy 550 Capital Street NE Salem, OR 97301 Phone: 503-302-0267 Email: [email protected]
October 28, 2020
Dear Ms. Clifford,
As the current Senator for Oregon’s District 28, wherein the proposed Bonanza Energy Facility will be located, I am shocked at the poor notification methodologies employed by the Energy Facility Siting Council EFSC with regard to the size, scope and scale of this project and the number of lives that will be impacted.
I realize that this is one of the first steps in the siting process, yet, the lack of concrete details about the proposed facility and the technologies which might be employed is quite frightening and should require more information, further review and public engagement before proceeding to the next step.
As the online documentation suggests, the facility might:
• generate between 150 megawatts (MW) and 300 MW • need 1,100 MW storage system (without any technical details or specifications) • need several collector lines (without any technical details or specifications) • need several conversion stations (without any technical details or specifications) • require an onsite facility substation (without any technical details or specifications) • require another 500-kV generation-tie transmission line • need various points of system interconnects • need multiple roads, perimeter security, fencing, and access points • cover an area that is over 4.25 square miles in the heart of a rural agricultural community
900 Court St. NE, S-305, Salem, OR 97301 (503) 986-1728 ● [email protected] Page 1 of 2
The paucity of facts at this point, when the public comment period is set to terminate on October 28, 2020 means that no one in the community, let alone members of EFSC have enough valid details to make any sort of determination as to the appropriateness of this project.
In fact, the 2020-10-13 Webex Video Recording of the Bonanza Energy Facility NOI Informational Meeting apparently had no EFSC commission members present, had no public participation, and as of today only has been viewed 13 times.
In general, I would express the need for extreme caution as the proposal area encompasses a natural habitat that has significant features that could be adversely affected. The natural forestland setting alongside expansive areas of wetlands that provides a haven for fish and migratory waterfowl is extremely important. During these trying times of drought, the areas water resources need to be protected, for the preservation of the existing watershed and subterranean aquifers. Additionally, the clean air, quiet environment, and peaceful wilderness areas are all resources worth conserving.
Lastly, the EFSC protocol for informing adjacent property owners (within 500 feet of a boundary line) illustrates a shameful disregard for the greater community. After all, the total area encompassed in this project is the equivalent of 4.25 square miles, which is far larger than the entire municipal boundary of Bonanza. Yet, only those neighbors on a handful of adjacent fence lines received any notification.
Further, as details get disclosed, I hope that EFSC comes to understand that this is an entirely inappropriate site for a facility of this capacity and size. I urge the commission to enforce the land-use protections that are in place to preserve the natural habitat within this rural domain.
Respectfully submitted,
Senator Dennis Linthicum Oregon Senate District 28
900 Court St. NE, S-305, Salem, OR 97301 (503) 986-1728 ● [email protected] Page 2 of 2
Kate Brown, Governor
3040 25th Street, SE Salem, OR 97302-1125 October 7, 2020 Phone: (503) 378-4880 Toll Free: (800) 874-0102 FAX: (503) 373-1688
Katie Clifford, Senior Siting Analyst Oregon Department of Energy 550 Capital St. NE Salem, OR 97301
Re: Notice of Intent for Bonanza Energy Facility – ODA Comments
Dear Katie Clifford:
The Oregon Department of Aviation (ODA) appreciates the opportunity to review and comment on the Notice of Intent for Bonanza Energy Facility. The ODA has reviewed the site proposal and provides the following comments:
The Bonanza Energy Facility includes related or supporting facilities such as collector lines, power conversion stations, an onsite facility substation and a 500-kV generation- tie transmission line.
For these reasons, the Bonanza Energy Facility may require airspace review by the FAA and ODA subject to the standards in Code of Federal Regulations: Title 14. Aeronautics and Space: PART 77—Safe, Efficient Use, and Preservation of the Navigable Space.
All project elements are subject to compliance with FAA Part 77.9 Construction or alteration requiring notice (a-d), FAA Part 77.17 Obstruction standards (a-b) and Obstruction Standards of OAR 738-70-0100 if they exceed 200 feet in height or are: • within 20,000 ft of a public use or military airport which exceeds a 100:1 surface from any point on the runway of each airport with at least one runway more than 3,200 ft.
• within 10,000 ft of a public use or military airport which exceeds a 50:1 surface from any point on the runway of each airport with its longest runway no more than 3,200 ft.
• within 5,000 ft of a public use heliport which exceeds a 25:1 surface To make this determination, any collector lines, transmission lines or structures more than 200 feet in height or within the distances provided above must undergo airspace analysis through submittal of a completed FAA Form 7460-1, attached for reference.
ODA appreciates the opportunity to comment on this proposal. The Department requests to be identified as a party of record for any future land use application.
If you have any questions or need clarification on these comments, please feel free to contact me at 503-378-2529 or [email protected].
Sincerely,
Seth Thompson Aviation Planner
CC: Heather Peck Planning & Projects Manager Oregon Department of Aviation
2
From: Olsson, Amber S Sent: Thursday, November 12, 2020 8:09 AM To: [email protected]; CLIFFORD Ka e * ODOE Cc: NEUMAN, MICHAEL J Subject: Bonanza Energy Facility A achments: SF 299-09f.pdf; KBAO Use Authoriza on Brochure 10282020.pdf
Follow Up Flag: Follow up Flag Status: Completed
Paul,
I am contac ng you, the Applicant / Cer ficate Holder for the proposed solar PV energy facility project located in Bonanza, Oregon. I a empted to contact you by phone, and le a message on October 26th, but have not heard from you.
The Bureau of Reclama on has just become aware of the project, and based on available informa on, it appears that its loca on intersects with and is within boundaries of the Klamath Project. Specifically, your project appears to intersect with Reclama on's Rights of Way along the Lost River, Hubbard Ditch, Dry Lake No. 2, and Langell Valley Irriga on District.
You will need to apply for a Use Authoriza on with Reclama on to use the lands and/or crossings men oned. Other areas within the Klamath Project that may be within your proposed project will also need to be included. I have a ached an SF 299-09f applica on for a Use Authoriza on (UA), and a brochure to help you understand the applica on process. Please fill it out in as much detail as possible, including maps, loca on, distances, materials, etc. If you can, we request that you send a GIS shapefile of the proposed project so we can more clearly see how the proposed energy project intersects the Klamath Project.
If you have any ques ons, please feel free to contact me.
Thank you, Amber
Amber Olsson Water and Lands Specialist Klamath Basin Area Office Interior Region 10- California-Great Basin Klamath Office:541-880-2575 Email: [email protected]
Tips for Success
Please understand every project is different. The more detail you can provide in your application, the faster and less expensive the process will be.
When applying, assume your project will require full environmental compliance and engineering review. Please don’t assume that because your The mission of the Bureau of Reclamation is to project is small or on pre-disturbed ground it will manage, develop, and protect water and only take the minimum 3 months or less. Plan to related resources in an environmentally and submit your application with plenty of lead time. economically sound manner in the interest of the American public. It will not be possible to dewater the irrigation system or interrupt water delivery operations for most applicant construction projects. Reclama- tion water delivery features are often in full op- eration during the irrigation season, and some facilities have water year-round.
Land, Facilities, and Waterbodies Use Authorizations
Klamath Basin Area Office 6600 Washburn Klamath Falls, Oregon 97603 Phone: 541-883-6935
Before You Apply How to Apply General Process
To use Reclamation lands, facilities, or waterbodies, you Determine the correct type of application form. All timelines provided here are tentative; your UA may take must obtain a Use Authorization (UA) pursuant to 43 CFR less or more time to process depending on the circum- Applications are available online: §429.10 (Subpart C). You will use one of three application stances. forms: https://www.usbr.gov/lands/ApplyingforUse.html or we can email you an application. Email is usually the best Reclamation will review your application to identify possi- SF-299 - For placement, construction, transportation, method so we can help make sure you get the right appli- ble concerns and to determine whether additional infor- or installation of non-Federal assets on Recla- cation for your project. mation is needed. If Reclamation finds your application to mation lands, such as bridges, culverts, commu- be acceptable, we will prepare an estimate of the cost to nication towers, fiber-optic cables, pipelines, Be as descriptive as possible and provide as many details process your UA and a Letter of Agreement (LOA) for you roads, etc. as you can. Fill out the application completely and include to review. The LOA acknowledges the cost estimate, Recla- map(s) of the project area (containing township, range, Form 7-2540 - For activities such as commercial film- mation’s agreement to process your application, and your ing and photography, commercial guiding and section, north arrow, proposed action boundaries, map legend, etc.), technical drawings, construction methodolo- agreement to provide additional funds upon request. The outfitting, commercial or organized sporting gies and proposed equipment use, measurements and LOA does not guarantee approval of your UA. This stage events, agricultural uses, etc. dimensions of the area(s) impacted, and material type and takes about 30 days. MP-620 - For alteration of Project facilities. Contact size. The more details provided, the fewer questions (and Note the cost estimate is just that, an estimate. You will be your local irrigation district. delays) we will have. For more information notified if additional funds are required to complete the https://www.usbr.gov/lands/AuthorizedUses.html Submit the appropriate application with $100 non- process, and work may be delayed until they are provided. refundable application fee to Reclamation’s Klamath Basin Any unused funds will be returned to you when the UA is Please contact us at 541-883-6935 early in your planning Area Office at 6600 Washburn Way, Klamath Falls, Oregon complete. 97603. You can mail in your application or drop it off, and stages so we can provide information on the application If you choose to proceed, you will sign the LOA and sub- you can make payment by cashier’s check, business check, process and tips to help you in your planning. Processing mit the requested funds to Reclamation Other forms may or money order. your application will take some time; we’ll do our best to be requested at this time. Reclamation will perform a final streamline your request as much as possible, but some review, approve your LOA, set up an account to hold your timelines are required by law and cannot be changed to funds, and charge the cost of processing your application expedite your project. Please plan ahead! to it. This stage can take about 2 weeks. Subsequent work In an emergency caused by a natural disaster or other on your UA will not commence until this step is complete. situation posing an immediate threat to life or property, An initial engineering and environmental review will then we will try to expedite the UA process within the require- take place. This process can take approximately 2-4 weeks. ments of the law; in such a case, please contact us imme- diately. If additional engineering reviews and plans are required, site visits and additional time will likely be needed. This
Engineering review and environmental and cultural re- process can take approximately 2-4 weeks. sources compliance are required in most cases. Because of this, UA’s may take anywhere from 3 months to a year If needed, the environmental compliance process will be to complete. initiated. In this case a more extensive review and site visit may take place. This process can take anywhere from 3-12 months, depending on the need for site visits, the cultural Applicants must cover the processing cost of the UA, as well as a $100 non-refundable application fee. sensitivity of the project area, project description, scope, and methods. Use of Reclamation facilities CANNOT commence until the UA is approved. After finalization and approval of environmental compli- ance, Use Authorization execution can be completed with- in 2 weeks. NCLOSURE
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rom: MCCLAUGHRY Jason * DGMI Sent: Monday, November 30, 2020 11:43 AM To: CLIFFORD Ka e * ODOE Subject: RE: No ce of Bonanza Energy Facility No ce of Intent to submit an applica on Comments on Bonanaza Energy Facility, No ce of Intent to Apply for Site Cer ficate Jason D. McClaughry, Oregon RG#2087, November 30, 2020 The no ce of intent does not specify any examina on or discussion of poten al seismic or other geologic hazards related to si ng the facility. Based on data sets used to build DOGAMI HazVu (h ps://gis.dogami.oregon.gov/maps/hazvu/ ), a number of geologic hazards should be considered in upcoming site plans. Seismic hazards -- The proposed project area lies within an area of possible moderate to strong to very strong shaking hazard related to Cascadia Earthquakes. The greater Klamath Falls area is also marked by a number of ac ve NW-striking faults and located earthquake epicenters. Other geologic hazards to consider include landslides occurring at the transi on of upland areas to flat basins. Moderate to high landslide hazards should be considered in upland areas. Flood hazards exist along major drainages. DOGAMI understands that the applicant will need to contact DOGAMI to request consulta on prior to submi al of the applica on for site cer ficate. Best Regards, Jason Jason D. McClaughry, RG Eastern Oregon Regional Geologist| Na onal Coopera ve Geologic Mapping Program (STATEMAP) Coordinator for Oregon Oregon Department of Geology and Mineral Industries|Baker City Field Office 1995 3rd Street, Suite 130 | Baker City, Oregon 97814 Cell: (541) 519-3419 [email protected]| h ps://www.oregongeology.org Unless otherwise indicated, all informa on in this correspondence is classified as Level 1, “Published” according to State of Oregon statute and administra ve policy. From: CLIFFORD Ka e * ODOE Ka e Clifford Senior Si ng Analyst Phone: 503-302-0267 CLIFFORD Katie * ODOE From: MCALLISTER Lynne Hi Katie, As you are probably aware, DSL will require an on-site wetland determination of the project area by a wetland professional to determine whether wetlands or waters that may be regulated are present. If wetlands or waters are identified, a wetland delineation would be needed, producing a map of the waters that may be impacted. The determination or delineation should be submitted to DSL for review and approval. This will determine whether a site plan may need revisions to avoid jurisdictional waters and whether a permit will be needed. A list of wetland consultants can be found on our website. Please contact me if you need further details. Thank you. Lynne Lynne McAllister Jurisdiction Coordinator, Southwest Region Oregon Department of State Lands Aquatic Resource Management Program 775 Summer Street NE, Ste. 100 Salem, OR 97301 503-986-5300 503-378-4844 (Fax) www.oregonstatelands.us From: CLIFFORD Katie * ODOE Good afternoon, 1 On August 7, 2020, the Oregon Department of Energy received a Notice of Intent (NOI) to file an application for site certificate for a proposed photovoltaic solar energy facility from Hecate Energy Bonanza LLC. The site boundary encompasses approximately 2,733 acres in Klamath County approximately 1 mile southeast of Bonanza. Hecate Energy Bonanza LLC must obtain a site certificate from the Oregon Energy Facility Siting Council (EFSC) in order to construct and operate the proposed facility. Under Oregon Administrative Rule (OAR) 345-001-0010(52), ODOE has identified your organization as a “reviewing agency.” ODOE requests that your agency provide comments on the NOI and submit any regulatory requirements administered by your agency that are applicable to this proposal. We request that comments be submitted by October 29, 2020; if you require additional time, please let me know. We will be hosting a public informational meeting on October 13, 2020 at 5:30 pm via WebEx. Additional information is available on the project website and in the attached memo. Feel free to contact me with any comments or questions. Katie Katie Clifford Senior Siting Analyst 550 Capitol St. NE | Salem, OR 97301 Phone: 503-302-0267 2 CLIFFORD Katie * ODOE From: Peacher, Kimberly N CIV USN NAVFAC NW SVD WA (USA) Follow Up Flag: Follow up Flag Status: Completed Morning Katie, I reviewed the solar project in relation to the military training/operating areas and the nearest MTR is the VR-1251 which is approx. 25nm from Bonanza, OR. The closest military equity is the Goose North MOA which is 7nm laterally and has a floor of 3000’AGL. I have included LtCol Gaudinski and Todd Farmer in case I missed anything from the operational perspective. Did ODOE do a review to see if this crossed military training areas? If not, I want to encourage the team to reach out and also encourage developers to reach out early on in the project development phase. Thank you. V/R, Kimberly Peacher Community Planning & Liaison Officer Northwest Training Range Complex (360) 930-4085 From: CLIFFORD Katie * ODOE Hi Kimberly, Just in case the .zip file didn’t make it through, I’ve attached the individual files themselves. Hopefully this works. Katie 1 Katie Clifford Senior Siting Analyst Phone: 503-302-0267 From: CLIFFORD Katie * ODOE Sent: Tuesday, September 29, 2020 1:56 PM To: 'Peacher, Kimberly N CIV USN NAVFAC NW SVD WA (USA)' Good afternoon Kimberly, Please find the shapefiles attached. Please confirm if this email and the attachment goes through. We sometimes have difficulty transmitting and receiving .zip files, so if I don’t hear from you I will try to transmit the files another way. Katie Katie Clifford Senior Siting Analyst Phone: 503-302-0267 From: Peacher, Kimberly N CIV USN NAVFAC NW SVD WA (USA) Good Afternoon Katie, Can you please forward the shapefiles for the Bonanza project? I would like to review and map the location in relation to military utilized airspace. In looking at the map it looks like it is close but it’s hard to say. Thank you. V/R, Kimberly Peacher Community Planning & Liaison Officer Northwest Training Range Complex (360) 930-4085 From: Oregon Department of Energy 2 Click here if you are having trouble viewing this message. To help protect you r priv acy, Microsoft Office prevented automatic download of this picture from the Internet. https://no-click .mil/?h ttps://file-us.clickdimensions.co m/oregon gov-a6n53/files/efsctemplate.png Email Summary of Public Notice of the Notice of Intent to Submit an Application for Site Certificate for the Bonanza Energy Facility Description: Hecate Energy Bonanza LLC (a wholly owned subsidiary of Hecate Energy NAF LLC) submitted to the Oregon Department of Energy a Notice of Intent to submit an application for site certificate to construct and operate the Bonanza Energy Facility. The proposed facility would be a photovoltaic (PV) solar power generation facility with a generating capacity ranging between 150 megawatts (MW) and 300 MW (depending on the solar module technology selected at final design) that would be located on approximately 2,733 acres of private and federal land in Klamath County, Oregon near the town of Bonanza. The Oregon Department of Energy is accepting public comments on the Notice of Intent. Public comments are due by October 29, 2020. The Department and applicant will host a public informational meeting on October 13, 2020 at 5:30 pm via WebEx. To participate, you may use one of the options below: WebEx Link: https://odoe.webex.com/odoe/onstage/g.php?MTID=ea1d74ea5185c111d90afdef86d73e131 By phone: 1-408-418-9388 Access Code: 173 675 5135 Additional Information: Public Notice of the Notice of Intent to Submit an Application for Site Certificate for the Bonanza Energy Facility is available at https://www.oregon.gov/energy/facilities- safety/facilities/Pages/BEF.aspx Please contact the lead siting analyst if you have questions: 3 Katie Clifford, Senior Siting Analyst Oregon Department of Energy 550 Capital Street NE Salem, OR 97301 Phone: 503-373-0076 Email: [email protected] Additional resources to help you participate in the state siting process can be found at: http://www.oregon.gov/energy/facilities-safety/facilities/pages/default.aspx You received this notice either because you previously signed up for email updates through GovDelivery/ClickDimensions related to specific siting projects, all Energy Facility Siting Council activities (the "General List") or Rulemaking activities. You may manage your subscriptions to updates on various ODOE and Energy Facility Siting Council projects by logging in to our ClickDimensions page at: https://tinyurl.com/ODOE-EFSC. If you have any questions or comments about ClickDimensions please feel free to contact [email protected] Oregon Department of Energy Leading Oregon to a safe, equitable, clean, and sustainable energy future. The Oregon Department of Energy helps Oregonians improve the energy efficiency of their homes, provides policy expertise to prepare for Oregon’s future energy needs, staffs the Energy Facility Siting Council, provides technical and financial assistance to encourage investments in energy efficiency and renewable energy resources, promotes the cleanup of the Hanford nuclear site, and ensures state preparedness to respond to emergencies at energy facilities. To help To help To help To help protect your protect your protect your protect your privacy, privacy, privacy, privacy, Micro soft Micro soft Micro soft Micro soft Office Office Office Office prevented prevented prevented prevented automatic automatic automatic automatic download of download of download of download of this picture this picture this picture this picture from the from the from the from the In ternet. In ternet. In ternet. In ternet. https://no- https://no- https://no- https://no- click.mil/? click.mil/? click.mil/? click.mil/? To help protect you r priv acy, Microsoft Office prevented automatic download of this picture from the Internet. To help protect you r priv acy, Microsoft Office prevented automatic download of this picture from the Internet. To help protect you r priv acy, Microsoft Office prevented automatic download of this picture from the Internet. https://no-click .mil/? https://no-click .mil/? https://no-click .mil/? https://az124611.vo.msecnd.net/web/SPA _resources/DndEditor_v2/social_share/circle/full/facebook.png https://az124611.vo.msecnd.net/web/SPA _resources/DndEditor_v2/social_share/circle/full/twitter.png https://az124611.vo.msecnd.net/web/SPA _resources/DndEditor_v2/social_share/circle/full/linkedin.png 4 [email protected] | 503-378-4040 | 550 Capitol St. NE in Salem Click here to unsubscribe or to change your Subscription Preferences. 5 CLIFFORD Katie * ODOE From: Peacher, Kimberly N CIV USN NAVFAC NW SVD WA (USA) Good Afternoon Emilio, Thank you for reaching out. I’m glad we were able to touch base re the proposed project and military training/operating areas in the region. Also, appreciate the updates as the project evolves. V/R, Kimberly Peacher Community Planning & Liaison Officer Northwest Training Range Complex (360) 930-4085 From: Candanoza, Emilio/CVO Hi Kim, Thank you for the discussion this morning. Per our conversation, the Hecate project team will follow-up with more detailed information as we get further along with the site development. This will include sharing the site development plans, transmission line tower shape files and solar array glare analysis. My contact information is provided below. Regards, Emilio Candanoza, P.E. Jacobs Project Manager 541.768.3509 direct 541.760.9416 mobile [email protected] 1 From: CLIFFORD Katie * ODOE Good morning, The Department of Defense encourages Hecate to reach out to discuss the Bonanza Energy Facility. Please see the email thread below. Kim Peacher, Community Planning & Liaison Officer with the Navy, provided the attached figure showing the proposed facility in relationship to military airspace. It probably makes the most sense to call her first. For email, she cc’d other military contacts that should be included in email discussions. Katie Katie Clifford Senior Siting Analyst Phone: 503-302-0267 From: Peacher, Kimberly N CIV USN NAVFAC NW SVD WA (USA) Katie, We encourage sharing the military contacts and the military overview with the developer. It would be great to loop in the developer. Appreciate your support. V/R, Kimberly Peacher Community Planning & Liaison Officer Northwest Training Range Complex (360) 930-4085 From: CLIFFORD Katie * ODOE Good morning Kim, 2 Thank you for your review and the helpful figure. Would it be okay if I forwarded this to the Bonanza Energy Facility applicant? Fortunately we are at the very first stage in the EFSC process (the Notice of Intent phase) so we are early on in the review, but we absolutely agree that the best practice is for ODOE to encourage developers to reach out early in the project development stage. At this point I’m working on gathering relevant GIS data to assist in ODOE’s review of the proposed facility. Once the ORESA tool is deployed that of course should contain helpful information for ODOE and developers. Katie Katie Clifford Senior Siting Analyst Phone: 503-302-0267 From: Peacher, Kimberly N CIV USN NAVFAC NW SVD WA (USA) Morning Katie, I reviewed the solar project in relation to the military training/operating areas and the nearest MTR is the VR-1251 which is approx. 25nm from Bonanza, OR. The closest military equity is the Goose North MOA which is 7nm laterally and has a floor of 3000’AGL. I have included LtCol Gaudinski and Todd Farmer in case I missed anything from the operational perspective. Did ODOE do a review to see if this crossed military training areas? If not, I want to encourage the team to reach out and also encourage developers to reach out early on in the project development phase. Thank you. V/R, Kimberly Peacher Community Planning & Liaison Officer Northwest Training Range Complex (360) 930-4085 From: CLIFFORD Katie * ODOE Hi Kimberly, 3 Just in case the .zip file didn’t make it through, I’ve attached the individual files themselves. Hopefully this works. Katie Katie Clifford Senior Siting Analyst Phone: 503-302-0267 From: CLIFFORD Katie * ODOE Sent: Tuesday, September 29, 2020 1:56 PM To: 'Peacher, Kimberly N CIV USN NAVFAC NW SVD WA (USA)' Good afternoon Kimberly, Please find the shapefiles attached. Please confirm if this email and the attachment goes through. We sometimes have difficulty transmitting and receiving .zip files, so if I don’t hear from you I will try to transmit the files another way. Katie Katie Clifford Senior Siting Analyst Phone: 503-302-0267 From: Peacher, Kimberly N CIV USN NAVFAC NW SVD WA (USA) Good Afternoon Katie, Can you please forward the shapefiles for the Bonanza project? I would like to review and map the location in relation to military utilized airspace. In looking at the map it looks like it is close but it’s hard to say. Thank you. V/R, Kimberly Peacher Community Planning & Liaison Officer Northwest Training Range Complex (360) 930-4085 From: Oregon Department of Energy 4 Click here if you are having trouble viewing this message. To help protect you r priv acy, Microsoft Office prevented automatic download of this picture from the Internet. Email Summary of Public Notice of the Notice of Intent to Submit an Application for Site Certificate for the Bonanza Energy Facility Description: Hecate Energy Bonanza LLC (a wholly owned subsidiary of Hecate Energy NAF LLC) submitted to the Oregon Department of Energy a Notice of Intent to submit an application for site certificate to construct and operate the Bonanza Energy Facility. The proposed facility would be a photovoltaic (PV) solar power generation facility with a generating capacity ranging between 150 megawatts (MW) and 300 MW (depending on the solar module technology selected at final design) that would be located on approximately 2,733 acres of private and federal land in Klamath County, Oregon near the town of Bonanza. The Oregon Department of Energy is accepting public comments on the Notice of Intent. Public comments are due by October 29, 2020. The Department and applicant will host a public informational meeting on October 13, 2020 at 5:30 pm via WebEx. To participate, you may use one of the options below: WebEx Link: https://odoe.webex.com/odoe/onstage/g.php?MTID=ea1d74ea5185c111d90afdef86d73e131 By phone: 1-408-418-9388 Access Code: 173 675 5135 Additional Information: Public Notice of the Notice of Intent to Submit an Application for Site Certificate for the Bonanza Energy Facility is available at https://www.oregon.gov/energy/facilities- safety/facilities/Pages/BEF.aspx 5 Please contact the lead siting analyst if you have questions: Katie Clifford, Senior Siting Analyst Oregon Department of Energy 550 Capital Street NE Salem, OR 97301 Phone: 503-373-0076 Email: [email protected] Additional resources to help you participate in the state siting process can be found at: http://www.oregon.gov/energy/facilities-safety/facilities/pages/default.aspx You received this notice either because you previously signed up for email updates through GovDelivery/ClickDimensions related to specific siting projects, all Energy Facility Siting Council activities (the "General List") or Rulemaking activities. You may manage your subscriptions to updates on various ODOE and Energy Facility Siting Council projects by logging in to our ClickDimensions page at: https://tinyurl.com/ODOE-EFSC. If you have any questions or comments about ClickDimensions please feel free to contact [email protected] Oregon Department of Energy Leading Oregon to a safe, equitable, clean, and sustainable energy future. The Oregon Department of Energy helps Oregonians improve the energy efficiency of their homes, provides policy expertise to prepare for Oregon’s future energy needs, staffs the Energy Facility Siting Council, provides technical and financial assistance to encourage investments in energy efficiency and renewable energy resources, promotes the cleanup of the Hanford nuclear site, and ensures state preparedness to respond to emergencies at energy facilities. To help To help To help To help protect your protect your protect your protect your privacy, privacy, privacy, privacy, Micro soft Micro soft Micro soft Micro soft Office Office Office Office prevented prevented prevented prevented automatic automatic automatic automatic download of download of download of download of this picture this picture this picture this picture from the from the from the from the In ternet. In ternet. In ternet. In ternet. 6 To help protect you r priv acy, Microsoft Office prevented automatic download of this picture from the Internet. To help protect you r priv acy, Microsoft Office prevented automatic download of this picture from the Internet. To help protect you r priv acy, Microsoft Office prevented automatic download of this picture from the Internet. [email protected] | 503-378-4040 | 550 Capitol St. NE in Salem Click here to unsubscribe or to change your Subscription Preferences. NOTICE - This communication may contain confidential and privileged information that is for the sole use of the intended recipient. Any viewing, copying or distribution of, or reliance on this message by unintended recipients is strictly prohibited. If you have received this message in error, please notify us immediately by replying to the message and deleting it from your computer. 7 October 29, 2020 Ms. Katie Clifford Oregon Dept of Energy 550 Cappitol St NE Salem, OR 97301 RE: SHPO Case No. 20-1524 ODOE EFSC Project 87066, Bonanza Energy Facility Solar facility with transmission line, battery storage and supporting facilities None provided see shapefiles, Bonanza, Klamath County Dear Ms. Clifford: We have reviewed the Notice of Intent (NOI) for the above solar project and provide the following with regard to historic, built resources. A review of the project area itself indicates what may be standing structures within the project area. We request that all standing structures within the project area be identified, and those that are over 50-years old evaluated for eligibility for listing in the National Register of Historic Places, as a first step to avoiding adversely affecting historic built resources. If you have any questions regarding the contents of this letter regarding the historic, built environment, please feel free to contact our office. Review for archaeological resource identification is underway, and you will receive response from our office regarding that aspect of the cultural resources review by separate letter. Sincerely, Robert Olguin National Register Program Coordinator (503) 986-0668 [email protected] From: Faville, Susan E CIV USARMY CENWP (USA) Sent: Thursday, October 22, 2020 1:49 PM To: CLIFFORD Ka e * ODOE Cc: Andazola, Anita M CIV USARMY CENWP (USA) Subject: NOI Response Le er for NWP-2020-393 A achments: 20201022 ODOE NOI RESPONSE LETTER NWP-2020-393.pdf Please view the a ached document pertaining to NWP-2020-393. Direct all inquiries and comments to the Project Manager listed below. Anita Andazola, Project Manager U.S. Army Corps of Engineers Portland District, Eugene Regulatory Branch Contact me at: 211 East Seventh Avenue, Suite 105 Eugene, Oregon 97401-2722 541-465-6894 [email protected] Portland District Regulatory Program: h p://www.nwp.usace.army.mil/Missions/Regulatory.aspx DEPARTMENT OF THE ARMY U.S. ARMY CORPS OF ENGINEERS, PORTLAND DISTRICT P.O. BOX 2946 PORTLAND, OR 97208-2946 October 22, 2020 Ms. Katie Clifford Oregon Department of Energy 550 Capitol Street NE Salem, Oregon 97301 [email protected] Dear Ms. Clifford: The U.S. Army Corps of Engineers (Corps) has received your request to provide comments and identify regulatory requirements administered by the Corps regarding a Notice of Intent (NOI) submitted to your office by Hecate Energy Bonanza LLC (Hecate). The proposed project is the Bonanza Energy Facility near Bonanza, Klamath County, Oregon. The 1,851 acre solar facility would include collector lines, power conversion stations, a facility substation, 500 kilovolt (kV) generation tie transmission line, point of interconnection, operation and maintenance building, service roads and access roads, construction areas, and a maximum 1,100 megawatt (MW) 91 acre battery storage system. Your letter identifies five information requests: 1. The point of contact for any application from Hecate Energy Bonanza LLC in Klamath County is Anita Andazola. Ms. Andazola can be reached at 541-465-6894 or via email at [email protected]. The office address is 211 East 7th Avenue, Suite 105, Eugene, Oregon 97401-2763. The Regulatory Branch has been accepting electronic applications since 2016. 2. We have reviewed the Notice of Intent pursuant to Section 404 of the Clean Water Act (CWA) and Section 10 of the Rivers and Harbors Act (RHA). Under Section 404 of the CWA, the Corps regulates the discharge of dredge or fill material into waters of the United States. Under Section 10 of the RHA, the Corps regulates work in or affecting navigable or historically navigable waters of the United States. The Lost River and its tributaries are not regulated under Section 10 of the RHA therefore, based on the maps included in the Draft Plan-EA, it appears a Section 10 Department of the Army (DA) permit would not be required for the Project. Section 404 of the CWA, 33 U.S.C. § 1344, prohibits discharges of dredged or fill material into waters of the United States, including adjacent wetlands, unless the work has been authorized by a DA permit or has been determined by the Corps to - 2 - be exempt from regulation under Section 404. The Navigable Waters Protection Rule (NWPR), which became final on June 22, 2020, defines the limits of jurisdictional waters. The following three paragraphs discuss Corps jurisdiction and NWPR elements that may apply to the Project and which are provided to assist in project planning and to assist in minimization of impacts to jurisdictional waters. The NWPR defines a “tributary” as a naturally occurring surface water channel that contributes surface water flow to the territorial sea or to waters which currently are used, were used, or may be susceptible to use in interstate or foreign commerce (including waters subject to the ebb and flow of the tide). A tributary would not lose its jurisdictional status if it contributes surface water flow to downstream jurisdictional waters in a typical year through a channelized, non-jurisdictional surface water feature, a culvert, dam, tunnel or similar artificial feature, a debris pile or boulder field or through any other excluded feature under paragraph b of the NWPR (33 CFR 328.3(b)). The term “tributary” would also apply to any ditch that is either a relocated tributary, is constructed in a tributary, or is constructed in an adjacent wetland as long as the ditch is perennial or intermittent and contributes surface water flow to a Traditional Navigable Water (TNW) or territorial seas in a typical year. A ditch may also be considered an adjacent wetland where a ditch was constructed in an adjacent wetland that contributes less than perennial or intermittent flow to a territorial sea or traditional navigable water in a typical year and meets the definition of wetlands and adjacent wetlands of the NWPR. Prior to or concurrent with an application to the Corps, we encourage you to submit a wetland and other waters delineation. The delineation must be prepared in accordance with the Corps of Engineers Wetland Delineation Manual (1987) and the Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Arid West Region, Version 2.0 (2008). The wetland delineation report must include a map of the delineated wetlands, data sheets, description of vegetation, hydrology, and soils in wetland and upland areas, and a rationale on how the wetland boundaries were determined. The NOI states that coordination with the Corps would occur prior to implementation of each site-specific project to ensure the proposed action either meets exemption criteria or that proper authorizations are obtained. 3. The applicant should be aware of 33 CFR 325 in its entirety as it provides what is required in all applications, alternatives evaluation criteria, treatment of related activities - 3 - and the scope of analysis for individual projects. In addition, you can find additional information on applications and our program at the website listed below. 4. The project would require review by the Oregon Department of Environmental Quality (DEQ). Review would also likely be required under Section 106 of the National Historic Preservation Act (NHPA) and may require field surveys. If an application is submitted, the Corps would also notify several Native American tribes for their comments on any proposed activity. The project would require consultation with the U.S. Fish and Wildlife Service for Endangered Species Act (ESA) compliance. There are no fish species regulated by the National Marine Fisheries Service in the areas above Iron Gate Dam at this time. The Corps will consider the need for compensatory mitigation based on the 2008 Mitigation Rule (33 CRF part 322), depending on the extent of impacts to aquatic habitat and function. Should the applicant need to provide compensatory mitigation for unavoidable impacts, the applicant is encouraged to reach out to the Corps for details on development of a plan. 5. As outlined above, the Corps administers Section 404 of the Clean Water Act. This would be applicable to the construction of the facility. The Corps does not directly regulate the operation of energy generation facilities. A description of our program and information on obtaining authorization, please visit: https://www.nwp.usace.army.mil/Missions/Regulatory/. I encourage coordination with my staff regarding the applicability of the Corps jurisdiction and authority over non-exempt activities associated with your Project. If you have any questions, please contact Ms. Anita Andazola at the letterhead address, by telephone at (541) 465-6894, or email [email protected]. Sincerely, William D. Abadie Chief, Regulatory Branch From: Town of Bonanza Sent: Tuesday, October 27, 2020 3:04 PM To: CLIFFORD Ka e * ODOE Subject: Hecate Bonanza Energy Project A achments: Hecate Le er of Support from Be y.pdf Follow Up Flag: Follow up Flag Status: Flagged A ached is a le er to be submi ed as public comment. Thank you, Cheri -- Town of Bonanza Phone: 541.545.6566 Fax: 732.453.7252 `bQ@b^;Y?T b?b?_IXYIPGbPQIX?bN?]?NX b;P>b@bYH?bX[TC;=?bQ@bYH?bN;P>b IP=N[>IPGb]?G?Y;YIQPbR?TO;@TQXYbXQIMb;P>bXQIMbXY;