ATTACHMENT A QUESTION 3: PROJECT MAP AERIAL PHOTOS St. Lawrence County, New York ± Clinton Franklin St. Lawrence Jefferson ^ Essex Lewis Herkimer Hamilton PROJECT LOCATION Browns Falls MAP FERC Project No. 2713 Newton Falls d x !( Hydroelectric Project m . p a !( !( FERC No. 7000 M n o i t a c o L _ I Upper Newton Falls H I L \ FERC Project No. 7000 Legend s c o d !( Newton Falls Project (P-7000) _ Lower Newton Falls p a !( Other Oswegatchie River Dams m FERC Project No. 7000 \ e c n a i l p m o C t s e W 0 2,000 4,000 6,000 Y N Feet _ 1 0 3 3 3 1 \ d l e i f k o o r B \ s t c e j o r P \ : G : h t a P Data Source: USGS Quadragle 1:24,00; Newton Falls and Oswegatchie UPPER NEWTON FALLS DEVELOPMENT LOWER NEWTON FALLS DEVELOPMENT ATTACHMENT B QUESTION 6: JULY 15, 2002 NEWTON FALLS PROJECT SETTLEMENT OFFER AUGUST 13, 2003 ORDER ISSUING NEW LICENSE (P-7000) DECEMBER 20, 2002 WATER QUALITY CERTIFICATION Jnofflclal FERC-Generated PDF of 20030106-0375 Received by FERC OSEC 12/20/2002 in Docket#: P-7000-000 • New York State Department of Environmental Conservation Dlvlslon of Envlronmental Permits, Region 6 Dulles State Office Building, 317 Washington S~'eet, Watertown, New York 13601-3787 Phone: (315) 785-2245 • FAX: (315) 785-2242 Website: F-~ M. Crot~ ORIGINAL Commmio~r December 20, 2002 Samuel S. Hirschey, Manager Hydro Licensing and Regulatory Compliance Orion Power New York GP 11, Inc. 225 Greenfield Parkway, Suite 201 Liverpool, NY 13088 RE: Newton Falls Hydroelectric Project DEC #6-4026-00015/00003 FERC Project//7000 Clifton (T), St. Lawrence County Dear Mr. Hirschey: Enclosed is the Water Quality Certification for the Newton Falls Hydroelectric Project. The Certificate is being issued pursuant to Section 401 of the Federal Water Pollution Control Act (33 USC 1341) and section 608.9 of the New York State Department of Environmental Conservation regulations pertaining to the Us¢ and Protection of Waters (6NYCRR Part 608). If you have any questions regarding the Water Quality Certification, please contact me. Sincerely, Lawrence D. Gunn Environmental Analyst I Region 6 LDG:dli CO: Service List Settlement Offer Signatod~1 Magalie R. Salas, FERC Thomas DcWitt, FERC Janet Hut7~l, FERC J. Sabattis, Orion William Little, NYS DEC William Sarbello, NYS DEC Jnofflclal FERC-Generated PDF of 20030106-0375 Received by FERC OSEC 12/20/2002 in Docket#: P-7000-000 NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION DEC APPLICATION NUMBER EFFECTIVE DATE 8-4026-00018/00003 qD December 20, 2002 FACiLITY/PROGRAM NUMBER(8) WATER QUALITY EXPIRATIONOATE(8) Certltllcatl FERC Project • 70GO COINCIDENT VVITH EXPIRATION DATE OF THE NEW LICENSE ISSUED BY THE FEDERAL ENERGY REGULATORY COMMISSION (FERC) FOR FERC PROJECT #7O00 CERTIFICATE 18SUED TO TELEPHONE NUMBER Orion Power New Yo~ GP II, Inc. 315-413-2700 ADORES8 OF RECIPIENT 225 Gmenfletd Pwttway, Suite 201, Ll~, New Yo~ 13088 CONTACT PERSON FOR RECIPIENT TELEPHONE NUMBER 81m Htnlchey, Mlulag~, Hycbo Uoonlktg aml Regul~ ~lamce 315-413-27g0 NAMEAND ADDRESSOF PROJECT/FACILITY Newton Falls Hyd~ Project, Newton Felts. NY 13666 LOCATION OF PROJECTIFACILITY O~ the Oswegatchle River, aplxoximately 12 dyer miles ( per license) d~wlstream of Cr~ Lake, NY COUNTY TOWN WATERCOURSE NY'rM COORD|NATES Clifton St~ Ostgatch~ E: 801.1 N: 4895.7 DESCRIPTION: Operation and Maintenance of the Newton Falls Hydroelectric Project in accordance w Ith the attached Conditions end the provisions of the Newton Fells Hydroelectric Project Offer of Settlement dated M By, 2002. By acceptance of this certificate, the certificate holder agrees that it will act in stTict corn pliance with the applcable water quality sections of the Environmental Conservation Law (ECL), all water quality regulabons, the conditions included as part of this cert~icate and the provisions of the Newton Falls Hydroelectric Project 'Offer of Settlement' dated May, 2002 and filed with the Federal Energy RegulaioW Commission (FERC). REGIONAL PERMIT ADMBilSTRATOR ADDRESS Bden D. Fenlon 117 Washington Street, Wa~, NY 13601 AUTHORIZED SIGNATURE )ATE I o. F.,,A-. ~cem her 20, 2002 PAGE 1 OF 5 Jnofflclal FERC-Generated PDF of 20030106-0375 Received by FERC OSEC 12/20/2002 in Docket#: P-7000-000 NE3~ YORK ST A'n*'.DEPARTMENT OF ]/NVIRONMENTAI CONSE.R VATION NOTIFICATION OF OTHER PERM|TTEE OBLIGATIONS "' ltem'A: Permittee Accepts Legal Responsibility and Agrees to Indemnification The permittee expressly agrees to indemnify and hold harmless the Department of Environmental Conservation of the State of New York, its representatives, employees, and agents ("DEC") for all claims, suits, actions, and damages, to the extent attributable to the permittee's acts or omissions in connection with the permittee's undertaking of activities in connection with, or operation and maintenance of, the facility or facilities authorized by the permit whether in cunlplience or not in compliance with the terms and conditions of the permit. This indemnification does not extend to any claims, suits, actions, or damages to the extent attributable to DEC's own negligent or intentional acts or omissions, or to any claims, suits, or actions naming the DEC and arising under article 78 of the New York Civil Practice Laws and Rules or any cit~n suit or civil rights provision under federal or state laws. Item B: Permlttee's Contractors to Comply with Permit The permittee is responsible for informing its independent contractors, employees, agents and assigns of their responsibility to comply with this permit, including all special conditions while acting as the permittee's agent with respect to the permitted activities, and such persons shall be subject to the same sanctions for violations of the Environmental Conservation Law as those prescribed for the permittec. Item C: Permittee Ruponsible for Obtaining Other Required Permits The permittee is respons~le for obtaining any other permits, approvals, lands, easements and rights-of-waythat may be required to carry out the activities that are authorized by this permit. Item D: No Right to Trespass or Interfere with Riparian Rights This permit does not conveyto the permittee any right to trespass upon the lands or interfere with the riparianrights of others in order to perform the permitted work nor does it authorize the impairment of any rights, title, or interest in real or personal propmW held or vested in a person not a party to the permit. GENERAL CONDITIONS General Condition l: Facility Inspection by the Department The permiRed site or facility, includingrelevant records, is subject to inspection at reasonable hours and intervals by an autlugized representative of the Department of Environmental Conservatiun (the Department) to determine whether the permittee is complying with this permit and the ECL. Such representative may order the work suspended pursuant to ECL 71-0301 and SAPA 401(3). The permittee shall provide a person to accompany the Depertmenfs representative during an inspection to the permit area when requested by the Department. A copy of this permit, including all referenced maps, drawings and special conditions, must be available for impectiou by the Depefanent at all times at the project site or facility. Faihn'e to produce a copy of the permit upon request by n Department representative is a violation of this permit. General Condition 2: Relationship of this Permit to Other Department Orders and Determinations Unless expressly provided for by the Department, issuance of this permit does not modify, supersede or rescind any order or determination previously issued by the Depar~ent or any of the terms, conditions or requirements contained in such order or determination. General Condition 3: Applications for Permit Renewnh or Meditkatlons The permittee must submit a separate written application to the DeparUnent for renewal, moditicatiun or transfer of this permit. Such application must include any forum or supplemental information the Department requires. Any renewal, modification or transfer granted by the Department must be in writing. The permittee must submit a renewal application at least: a) 180 days before expiration of permits for State Pollutant Discharge Elimination System (SPDES), Hazardous W~te Management Facilities (HWMF), major Air Pollution Control (APC) and Solid Waste Management Facilities (SWMF); and b) 30 days before expiration of nil other permit types. ~iun of applicaticm for permit renewal or modification are to be submitted to: NYSDEC Chief Permit Adminlm'ator, 625 Broadway, Albany NY 12233-1750, Telephone (518) 402-9167 General Condition 4: Permit Moditkations, Suspensions and Revocations by the Department The Department reserves the right to modify, suspend or revoke this permit in accordance @ith 6 NYCRR Part 621. The grounds fla"modification, suspension of revocation include: a) materially false or inaccurate statements in the permit application or supporting papers; b) failm'e by the permtRne to comply with any terms or conditions of the permit; c) exceeding the scope of the projectas described in the permit application; d) newly discovered material informationor a materialchange in environmental conditions,relevant technology of applicablelaw or regulationssince the issuanceof the existingpermit; e) noncompliance with previouslyissued permit conditions,orders ofthe commissioner, any provisionsof the Environmental Conservntinn Law or mgulatious of the Department relatedto the permitted activity. DF£ PERMFrNUMBER ~b402~0001B~OG~J l [ PAGE..20F._~_ Jnofflclal FERC-Generated PDF of 20030106-0375 Received by FERC OSEC 12/20/2002 in Docket#: P-7000-000 NEW YORK ~f ATE DEPARTMENT OF ENVIRONMENTALCONSERVATION '. SPECIAL CONDITIONS (l) a description of the action; (2) location map and plan of the proposed action; (3) reasons why the situation is an emergency All notifications, requests for emergency authorizations and information submitted to support such requests shall be sent to the Regional Permit Administrator at the address listed above.