Up to Date Record of Consultation

8/6/2019 Up to Date Record of Consultation

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THE VILLAGE OF CRAIG BEACH, OHIOProceedings of the Craig Beach Village Council

Regular Meeting of March 14, 2011

A regular meeting of the Coun cil of the Village of Cra ig Beach, Ohio was called to order by

Mayor Larry Ellis on Monday, M arch 14, 2011 at 7:02pm in the Council Chambers of the

Municipal Building, at 2538 Grandview Road.

The meeting was recorded on v ideo tape and simulcast on Time-Warner cable public access

channel.

Ma yor Ellis requested a moment of silence, which was observed.

Ma yor Ellis led all assembled in the Pledge of A llegiance.

The Ma yor directed the Clerk/Fiscal Officer, Mr.Ve rquer, to call the roll. The following

members of Council responded as present:Mr . Becker, Mr. Contant, Mrs. Davidson, Mr. Gaia, Mr. Garner, Mrs. Sabol

Also present was: Fire Chief Maynard of Milton Township; Asst. Fire Chief Pelin of Milton

Township; Police Chief Borosky ; Ms. Barb Neill of Lake Milton State Park.

__________________________________________________________________________________

Mayor Ellis recognized Mr. Anthony M arra III, General Manager of M ahoning Hydropower,

LLC. who was invited by Mr. Verquer to address Council. Mayor Ellis requested a motion to

deviate from the prepared Agenda.

MOTION:Mr. Gaia M OTIONED C ouncil to deviate from the prepared Agenda to allow M r. Marra to

speak.

Mr. Contant second the motion.

YES: Mr. Becker, Mr. Contant, Mrs. Davidson, Mr. Gaia, Mr. Garner, Mrs. Sabol.

NO: None MOTION PASSED: 6-0

Mr. M arra introduced himself, and his company which is pursuing to develop a hydro electric

turbine powerhouse at the Lake Milton dam.

Mr. M arra distributed a five (5) page, color illustrated, presentation and information data

document.

NOT E: This information data document is attached to and ma de a part of these written minutes

as EXHIBIT A.

This document duplicates the verbal presentation given by Mr. Marra

Mr. M arra indicated that they have been pursuing this project since 2008 an d is currently

negotiating with ODNR to lease the dam.

Questions and dialog that could impact future discussions on this matter are recorded as follows:

&Mr. Gaia stated tha t the Village could pursue this same project on its own or possibly as a

joint venture and go after grants for funding. By p articipating, we could relieve some of the taxpressures on the Village residents and homeowners.

& Mr. Verquer asked if they w ill receive financial assistance from the Government. M r. Marras

reply: We would pursue grants.

& Mr. Cont ant asked if this project would place stress on the dam. Mr. Marra s reply: There

would be no modifications to the dam.

& Ma yor Ellis asked if they have current hydroe lectric facilities. Mr. Mar ras reply: They do not

have any in op eration at the present time and there are only three (3) or four (4) in operation in

the State of O hio at this time.


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& Mr. Verqu er asked the source of financing. Mr. Ma rras reply: That they could seek funding

by partnering with municipalities. They are open to discussion and conversation with the Village

that may make this project a reality. But this is a business risk with no gua rantys.

& Barb Neill, Manag er of the Lake Milton State Park, joined the dialog by saying that she

would like to clarify a few items. This project would have no effect on the Lake level. Mr.

Ma rras does not need ODNRs blessings. She also stated that Mr. Marra has spent a great

amount of mone y for feasibility studies and has invested a great amoun t of time on this project.She added, that only one g ate, known as ga te#2, would be utilized.

Ms. N eill said that Im suppo rting it (this project)

Ma yor Ellis thanked Mr. M arra for his presentation and time answering all the questions.

__________________________________________________________________________________

MINUTES:

The written minutes of the Regular Co uncil meeting of February 14, 2011 w ere presented.

MOTION:Mr. Gaia MO TIONED that the minutes be read by title only.

Mr s. Sabol second the motion.

YES: Mr. Becker, Mr. Contant, Mrs. Davidson, Mr. Gaia, Mr. Garner, Mrs. Sabol


Mr . Gaia MO TIONED to accept the minutes as presented.Mr . Contan t second the motion.



___________________________________________________________________________________

FINANCIAL/TREASURERS REPORTS:

The financial reports for February, 2011 were presented.

Mr. Verquer also included a Fund balance report as of March 2,2011. He stated that funds were

received on the last days of February and h e was unab le to deposit/book the funds until after

March 1, 2011. Those funds included, $14,000.00 plus from Time-Warner; the second tax advance

on the first half 2010 tax collections. He did say that the third and fourth advan ces have been

received this week. He also noted that we received a $500.00 donation/grant from Aarrons Rentals

that was secured by Chief Borosky for the welfare of the Neighborhood Crime Watch program.Mr. Verquer shared his concern on the lower tax advances that have been received, although he

will not know how short of budget th ey fall until the final tax settlement is made on the first half

2010 collections.

&Mr. Gaia asked how short we were and Mr. Verquer responded that we are at approximate

25% of budget and ho ped that we pick up the additional 25% in the settlement and roll-back

funds.

& Mr. Becker asked why the collections may be short. Mr. Verquer responded that probably due

to property tax delinquencies.

Mayor asked for a motion to send Mr. Verquer to the required AOS training session in Columbus

on April 6 . And April 7 . Registration fee of $175.00 and reimbursement to Mr. Verquer forth th

lodging, meals, parking and mileage.

MOTION:

Mr. Contant MOTIONED that the Village send Mr. Verquer to the training session and pay theregistration fee and reimburse him the cost of lodging, meals, parking and mileage.

Mr. Becker second the motion.



___________________________________________________________________________________

CORRESPONDENCE:

& A letter was received from Michael Sciortino, Mahoning County Auditor, announcing the


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Homestead Exemption Outreach Program in conjunction with the Mahoning County Library.

Their effort is to reach taxpayers who are turning 6 5 this year or who ma y have been eligible but

never applied for th exemption. M ayor Ellis noted that their schedule includes a session at the

Lake Milton Library on Wednesday, April 13, 2011 between 10:00am and 6pm. Also one to be

held in North Jackson on April 12 . Between 10:00am and 6:00pm.th

&Mr. Verquer copied and provided for Council the preliminary 2010 Census data. Mayor Ellis

noted that the Village population is now a t 1,180 wh ich is a decrease of 74 from the 2000 Census.Mr. Verquer also noted that the Occupancy Status reflects that the Village has 114 vacant homes

which is approximate 20% of total housing. He also stated that the Gov ernment will be releasing a

lot more details and statics in the coming year a nd will provide that to Council as it becomes

available.

_____________________________________________________________________

SPEAKERS:

Mr. Anthony M arra III, General Manager of M ahoning Hydropower, LLC. By M otion, this

segment of the prepared Agenda was moved forward.

___________________________________________________________________________________

COMMITTEE REPORTS:

FINANCE COM MITTEE:No meeting held. No reports presented by the Co mmittee.

JUDICIAL COMMITTEE:

No meeting held. No reports presented by the Co mmittee.

BUILDING & GROUNDS COM MITTEE:


HEALTH & WELFARE COMM ITTEE:


& Mrs. Dav idson stated that she will call for a meeting when Zoning Inspector Terry returns

after March 21 . to review and discuss zoning permit fees. She has already compiled fees fromst

other municipalities.

PUBLIC WORKS COM MITTEE:


& Ma yor Ellis stated that Market Street is in need of repairs and that, in light of the substantial

fund balance in the Street Levy, we need to consider paving ov er the few remaining gravel streets

we hav e in the Village. Mr. Becker said he w ill take a look at theses streets and start to compile

estimated cost. Mrs. Davidson noted that the sides of other streets need repair. Mayor Ellis and

Mr. Becker indicated those were do to water line repairs and that Mahoning County Water

Department w ill return to repair.

& Mr. Garner had given Mayor Ellis cost quotes for overhead doors, from Carter Lumber, to

replace the damage swing doors on the garage. One was for $592.00 and the other for $982.00.

Ma yor Ellis noted that this is not include installation/labor only the doors. M r. Garner also stated

that consideration should be given to pour con crete or blacktop on the garage floor. M ayor Ellisasked Council wha t they would like to do. After a long discussion, no decision was ma de and no

motion was tendered o n this matter.

& Mr. Verqu er mentioned that he will have to call in some one to check out a heating/cooling

unit that is zoned for the Council Chambers, that has not been opera ting properly

PUBLIC SAFETY COMMITTEE:



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___________________________________________________________________________________

DEPARTMENTAL REPORTS:

FIRE DEPARTMENT:

Fire Chief May nard presented the activity report for February, 201 1 for the Village that reflected

response to three (3) medical calls, two (2) carbo n monoxide and three (3) dispatched an d

cancelled.

He also distributed a copy of the Ohios Outdoor Burning Restrictions that begin March 1 .st

& Chief May nard distributed a product flier for Knox 911 access lock box system that they are

now installing in Milton Tow nship. They have passed a Zoning O rdinance that requires one to be

installed on all new housing and commercial construction. He detailed how the system wor ks and

the merits of the system when in operation. The cost for basic unit is $150 .00 but scaled higher

depending on the features selected by the home ow ner. He indicated that if any Village home

owner was interested they should contact the Milton Township Fire Department.

& Chief Maynard, presented to Council the LifePak 12 Defibrillator that they had approved and

was purchased from the Fire Apparatus & Equipment Levy Fund. He also explained how the unit

operated and used in an emergency situation.

& Mr. Garner asked Chief Maynard where the 911 calls where received and dispatched. Chief

Maynard replied that it was through Trumbull County Emergency Center located at Hillside

Hospital.

& Chief Maynard also mentioned that the recent polar Plunge for Cancer was well attended and

very successful in raising money for cancer a wareness. He also announ ced that they have received

the additional, used, ambulance and will shortly have two (2) fully equipment ambulances in

service to the Township and V illage.

& Chief Ma ynard stated that they w ere able to negotiate a lesser purchase price on the

defibrillator with a savings over $700.00 from the approved purchase order amount. He asked if

Council wou ld approve the purchase of a LifePak 12 simulator for training purposes. He

presented a quote from Dixie M edical, Inc. For $844 .00. This purchase would be from the Fire

Apparatus & Equipment Levy Fund.

MOTION:Mrs. Becker MOTIONED that the Village authorize the purchase of the Lifepak Defibrillator

simulator as quoted from Dixie Medical, Inc. For $844.00.




Mr. Verquer stated that he will issue and provide the purchase order for Chief Maynard and the

simulator will then be placed on record as property of Craig Beach V illage.

POLICE DEPARTMENT:

Chief Borosky distributed the police activity report for February.

He indicated that it appears that his department will have a very busy summer.

& Chief Borosky is requesting for Councils approval to hire Richard A bbott as a non-

compensated Reserve O fficer. Mr. Abbott is willing to give the Village 8 hours a w eek and up to

20 hours during the summer. He is willing to work only for his commission. He brings to the

Department 1 3 years of full time experience. In addition he is a certified firearms instructor who

would be able to qualify not o nly the Village officers but officers from other departments . He is

experienced and qualified to patrol immediately on his own. Chief Borosky said he would bring

Officer Abbott in as Reserve Lieutenant . Officer Abbott also ha s a friend that is a grant writer

and w ould assist the Village in grant submissions, gratis.

MOTION:Mr. Contant MOTIONED that Council approve the hiring of Richard Abbott as Reserve

Lieutenant conditioned upon h is acceptance of the position at no pay.

Mr. Gaia second the motion.


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& Chief Borosky announced that his Department, in conjunction with the Milton Township Fire

Department, will be sponsoring an Easter egg hu nt at the Lake Milton State Par k. Although he

will seek donations from Wal-M art, additional funds may be expended from the recent dona tion

from Aaro ns Rentals. He further said, he is preparing fliers so that he and his Officers, when on

patrol, can handou t to residents encouraging them to participate in the Neighborhood Cr ime

Watch p rogram. Chief Borosky said his goal is to involve the public. He also announced that the

Village Police Department now has a wall on FaceBook.

& Mr. Ga ia asked if the Department ha s sufficient supplies, such as ammunition or if they need

anything else. Chief Borosky replied that they have enoug h at this time.

ZONING REPORT:

Ms. Terry prov ided a report for the first days in her new position. She expressed the need to

create new zoning fees and w ill need additional guidance in the coming months. She will be

returning from out of state on M arch 21 . Mrs. Davidson will schedule a Committee meeting forst

Ms. Terry so Zoning can be better add ressed.

Ma yor Ellis noted that Ms. Terry will be using a zoning application form rather than issuing a

permit upon request. That will give her seven (7) days to review and research before she is

required to issue or deny the permit. She will be establishing walk-in office hours Monday sbetween 5:30pm and 6:00pm.

_________________________________________________________________________________

COMMISSION REPORTS:

RECORDS COMM ISSION:

No meeting held and no report provided by the Commission.

PLANNING & ZONING:

No meeting held and no report provided by the Commission.

___________________________________________________________________________________

MAYORS REPORT:

Mayor Ellis had nothing to report.

___________________________________________________________________________________

SOLICITOR REPORT:

Solicitor Van Brocklin had nothing to report.

___________________________________________________________________________________

UNFINISHED BUSINESS:

& Mr. Garner a sked about a public nuisance ordinance. Mr. Verquer stated tha t it needs to

originate from a committee and the one that he had p repared a few yea rs ago was simply a draft he

authored and given to Council, at that time, as reference only. Mayor Ellis said that this should be

considered in the Health & welfare Committee and/or the Jud icial Committee.

&Solicitor Van Broklin asked what the status wa s with the update and revisions to the Codified

Ordinances. Mr. Gaia replied that he was working on them and will contact Walter Drane Co. To

follow-up with them on previous correspondence.

& Mr. Garner stated that the house next to his property was turned into a storage garage with a

number of vehicles. Chief Borosky indicated that he has had a difficult time making contact with

the owner to serve a summon s but will continue to pursue that matter.

__________________________________________________________________________________

ORDINANCES & RESOLUTIONS:___________________________________________________________________________________


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#11-09 AN ORDINANCE AMENDING AND/OR SUPPLEMENTING OF THE PERMANENT

APPROPRIATIONS ORDINANCE FOR THE YEAR 2011 IN ORDER TO RENDER PAYMENT

FOR SERVICES AND DECLARING AN EM ERGENCY.

Mr s. Sabol MO TIONED to read the Ordinance by title only.


YES: Mr. Becker, Mr. Contant, Mrs. Davidson, Mr. Gaia, Mr. Garner, Mrs. SabolNO: None MOTION PASSED: 6-0

Mrs. Sabol MO TIONED to waive the regular rules of Council.

Mr . Gaia second the motion.



Discussion: Mr. Verquer noted that the $500.00 donation from Aarons Rental had to be

appropriated and that he established a separate account for expenditures. Also the Portage County

Auditor billed the Village for $108.60 as a refund due the estate taxes that w ere credit/paid to the

Village last year.

Mrs. Sabol MO TIONED to a dopt the Ordinance as presented.

Mr . Garner second the motion.



______________________________________________________________________

NEW BUSINESS:

& Mr. Verquer announced that this years CDBG schedule has been established and he has the

initial application packet. As, he had stated in the past, he will be happy to submit the completed

application, due on April 29 . and to make the presentation to the Commissioners on May 12 .th th

But expects the leg work to b e performed by Coun cil members-its your job. He assumes that it

would be the Glenw ood Street Extension project that Coun cil wishes to submit.

& Mrs. Sabol asked what was happening with the water problem in the Dollar General Store

parking lot. She says store man ager(s) are alwa ys asking her abou t this issue. Mayor Ellis replied

that he has spoken w ith and told management at D ollar General that the Village is not responsible

for the tie in of their drain to our stor m drain pipe, but their responsibility. He further stated tha t

their initial design of that store and parking lot was bad and that created the wa ter problem, alsothat they used only 6" pipe and they illegally had drained over the years into the open storm drain

ditch maintained by the Village.

___________________________________________________________________________________

PUBLIC FORUM:No one asked to be recog nized to speak.

________________________________________________________________________________

ADJOURNMENT:

There being no further business, Mrs. Sabol moved to adjourn, it was second by Mr. Gaia

YEAS: 6

NAYS: None

Adjournment 8:40 pm

____________________________ ______________________________

Clerk: Adrian F. Verquer Mayor: Larry Ellis II


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yHYDRO E N E R G YT E C H N O L O G I E S , LLC31300 Solon Road, Suite 12, Solon, Ohio 44139 phone: 440-498-1000 fax: [email protected]

N ovember 30, 2010

To A ll Interested PartiesR E : Announcement of C hange of Business N ame for the:Lake Milton Hydroelectric Project (FERC# 13402)Berlin Dam H ydroelectric Project (FER C#13342)

To Whom it May Concern:This letter is written to announce that due to a change in the ownership structure of H ydroEnergy Technologies, LL C (current preliminary permit holder for the above referencedprojects), these projects will be pursued under a new business entity. The name of thenew entity will be Mahoning Hydropower, LLC . The personnel with whom you haveparticipated in the consultation process will not change. Anthony J. Marra III and hisstaff have worked hard on these projects and will continue management duties forMahoning Hydropower, LLC for the Lake Milton and Berlin Dam HydroelectricProjects.Y ou may receive notification from FERC of surrender of preliminary permits by HydroEnergy Technologies, LLC (HET). This was a necessary step in changing entities,however, Mahoning Hydropower, LLC plans to continue consultation for these projectswhere HET left off as soon as possible. HE T endorses Mahoning H ydropower, LLC andtheir ability to see this process through. O verall this change will assist the projects inmoving forward more efficiently. W e sincerely appreciate all the support and feedbackwe have received during the process.

Sincerely,

Tony Marra Jr.PresidentHydro Energy Technologies, L LC


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DEPARTMENT OF THE ARMYPITTSBU RGH D ISTR IC T, C OR PS O F ENG IN EERS

WILLIAM S. MO OR HEAD FEDERAL BUI LD IN G10 00 L IBER TY AVENU E

PITTSBURGH, PA 15 22 2-4186REP LY TOAT TE NTI ON O F

June 7,2010Operations DivisionRegulatory Branch2009-2067

Anthony Marra IIIHydro Energy Technologies, LLC31300 Solon Road, Suite 12Solon, Ohio 44139

Dear Mr. Marra:I refer to your Department of Army Application, received in this office March 16,2010,

regarding your proposal to construct a 25' by 37' hydroelectric powerhouse over the existingconcrete stilling basin as the base of Lake Milton Dam. [Thepowerhouse will contain one 650KW Kaplan Turbine placed on top of 150 cubic yards o~concrete. Also installed on the lakeside of the Lake Milton Dam will be a 15.5' by 45' trashrack over the existing rack. Thishydroelectric project is located in Craig Beach, Mahonirig County, Ohio.

IActivities associated with projects of this type are authorized by Nationwide Permit No.17 (see enclosure), previously issued by the Corps of Enkineers, for purposes of Section 404 ofthe Clean Water Act as published in the March 12,2007 issue of the Federal Register.

Enclosed is a list of conditions which must be followed for the Nationwide Permit to bevalid in addition to the following special conditions.

1. This permit will not be valid until the project is licensed by the Federal EnergyRegulatory Commission (FERC) under the Federal Power Act of 1920, as amended or alicensing exemption is granted by the FERC pursfant to Section 408 of the EnergySecurity Act of 1980 and Section 30 of the Federal Power Act, as amended. Per thisspecial condition and Nationwide Permit No. 17,Ithis FERC license or exemption must bereceived by this office to make this a valid Nationwide Permit authorization.

2. Being as Ohio State Certification for this NationLide Permit has been denied inassociation with this Nationwide Permit, an Individual Water Quality Certification fromthe state is required. Therefore this Nationwide Permit is not valid until a copy of theIndividual Water Quality Certification is received by this office.


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-2-

3. Dissolved oxygen monitoring from August to October is to be conducted to determine theexisting condition of the Mahoning River directly downstream of the dam. This data willbe utilized in mitigating dissolved oxygen levels if necessary.

4. If any tree cutting is necessary it should only be conducted between September 30 andApril 1.Adherence to the conditions in the Nationwide Permit, and special conditions above, will

permit you to proceed with the proposed project. Please Note, the attached ComplianceCertification Form must be signed and returned to this office upon completion of the proposedwork.

This verification is valid until the Nationwide Permit is modified, reissued, or revoked.All of the existing Nationwide Permits are scheduled to be modified, reissued, or revoked priorto March 18,2012. It is incumbent upon you to remain informed of changes to the NationwidePermits. We will issue a public notice when the Nationwide Permits are reissued. Furthermore, ifyou commence or are under contract to commence this activity before the date that the relevantnationwide permit is modified or revoked, you will have twelve (12) months from the date of themodification or revocation of the Nationwide Permit to complete the activity under the presentterms and conditions of this nationwide permit.

The issuance of this Nationwide Permit will not relieve you of the responsibility to obtainany other required state, local, or Federal authorizations.

If you have any questions, please contact Tyler Bintrim at 412-395-7115 or email [email protected],b~Chief, Northern SectionRegulatory Branch

Enclosures


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Print Message

Anthony:

Phil has reviewed the Lake Milton fish study report and is satisfied

with the results. You can suspend any further studies.

John Navarro

Program Administrator

ODNR Division of Wildlife

2045 Morse Rd, G-3

Columbus, Ohio 43229

614-265-6346 (Phone)

614-262-1143 (Fax)

[email protected]

-----Original Message-----

From: Anthony Marra [mailto:[email protected]]

Sent: Monday, May 10, 2010 12:16 PM

To: Bintrim, Tyler J LRP; [email protected]

Cc: Ed Wilk; Mitch, Brian; Navarro, John; Hillman, Phil;

[email protected]; [email protected]; [email protected];

[email protected]; Neill, Barbara;

[email protected]; [email protected]; Anthony Marra

Subject: Fish Study - Lake Milton Hydroelectric

Hello All,

Many of you have inquired regarding fish safety for the proposed hydro

project. First we appreciate all the comments, support, guidance and

consideration HET has received from all of you regarding this project.

Attached is our draft fish study for the Lake Milton project. We will

be pulling the test rack for the spring season this week. To date one

8" sunfish has been impinged. This study as you will see in the report

represents much time, effort and money (not just to HET but to Barb

Neill and the Lake Milton Park staff as well who have been very

accommodating during the study). We believe the draft study provides

more than adequate documentation that fish mortality will be kept to a

minimum.

Studies using only desktop techniques such as those found in the report

have been widely accepted by FERC and USFWS - especially since the

development of the entrainment and turbine mortality database. The

added field study combined with the desktop analysis has provided an

additional layer of validity to this study. The study provides an

analysis of impingement, entrainment, turbine mortality, fish passage,

compensation to be paid, and existing risks to fish species.

Considering the results thus far and the information in the draft study

we propose to discontinue the field impingement study for the summer and

fall seasons. HET did agree to Phil Hillman and John Navarro from ODNR

RE: Fish Study - Lake Milton Hydroelectric

From: "Navarro, John"

To: Anthony Marra Cc: Hillman, Phil

Date: 14 May 2010 1:36:52 PM

leMe Mail - RE: Fish Study - Lake Milton Hydroelectric https://www.me.com/mail/message/en/#view?guid=message%3

7/16/2010 1


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DOW to conduct the field study for all three seasons and will continue

if necessary.

Please let us know your opinion regarding continuance of the field study

prior to June 2 if possible. If we hear no opinions by that time, we

will assume there are none opposed.

I will be available to answer any questions regarding the study.

Regards,

Anthony Marra

General Manager

Hydro Energy Technologies, LLC

440-804-6627

On Tuesday, April 13, 2010, at 09:17AM, "Bintrim, Tyler J LRP"

wrote:

>

leMe Mail - RE: Fish Study - Lake Milton Hydroelectric https://www.me.com/mail/message/en/#view?guid=message%3

7/16/2010 1


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Plan Formulation Section

Kimberly D. Bose, Secretary

Federal Energy Regulatory Commission888 First Street, NE

Washington, DC 20426

Dear Ms Bose:

The Pittsburgh District, Corps of Engineers is submitting the enclosed comments on the

Preliminary Permit Application for Project #13402 Ohio, Lake Milton Hydroelectric Project. Ifyou have any questions on this matter, please have your staff contact me by either telephone,

(412) 395-7202, or by e-mail at: [email protected].

Enclosure Sincerely

/s/

Jeffrey Benedict, P.E.Hydropower CoordinatorPittsburgh District Corps of Engineers

DEPARTMENT OF THE ARMY

PITTSBURGH DISTRICT, CORPS OF ENGINEERS

WILLIAM S. MOORHEAD FEDERAL BUILDING

1000 LIBERTY AVENUE

PITTSBURGH, PA 15222-4186

20100119-5094 FERC PDF (Unofficial) 1/19/2010 1:54:58 PM


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January 18, 2010

1

Corps of Engineers Comments on Lake Milton License Application

1. Page 5, Section 11.1. The application should include the elevation and location of all

proposed intake and outflow works.

2. Page 8, Section 11.2. The applicant should provide a map showing proposed transmissionlines and vegetation communities affected.

3. Page 8, Section 11.2. Locating the powerhouse in the river will impact shallow water habitat

(riffles and islands). The applicant needs to provide a mitigation plan.

4. Page 8, Section 11.2. Currently USACE operates higher intakes in the summer and lower

intakes in the winter. Since the lake is not stratified during the period when the bottom gates are

used, using the upper gate year-round should have little impact on water quality. However, not

using the bottom gates in the winter will increase lake sedimentation rates and dramaticallyincrease downstream turbidity and suspended solids (release of slugs of sediment) when the

bottom gates are eventually opened.

5. Page 8, Section 11.2. USACE agrees that if there is no change in the intake elevation, then

lake stratification patterns and lake and downstream water quality will not be impacted.

However, hydropower generation will reduce downstream dissolved oxygen levels, and efforts tomeet state DO criteria during operation could result in supersaturation of reservoir tailwaters.

6. Page 8, Section 11.2. The Corps recommends real time, continuously recorded water quantity

and quality monitoring, measuring stage, flow, dissolved oxygen, water temperature, and TDG,and that all monitoring be conducted by the USGS to assure compatibility with existing system.

7. Page 12, Section 11.4.1. Figure 8 shows that all flow less than 212 cfs will pass through theturbine. However, a bypass flow will be necessary to assure that the entire river bed remains

watered, especially during low flow periods.

8. Page 24, Section 11.4.5. The project is 20% complete, but by pass flows, documentation of

pre hydro conditions, real-time continuously recorded monitoring, and mitigation for water

quality degradation (dissolved oxygen reduction, instream habitat losses, etc) have not beenaddressed.

9. Page 32, Section v.2.3. While upstream fish migration is impeded by the existing dam, fish

now pass safely downstream. However, fish will not be able to survive downstream passagethrough the turbines. Installation of trash screens may stop passage of adult fish through the

turbines, but cannot reduce impingement and mortality or protect juvenile fish. We recommend

a fish passage study to: determine impacts on the fishery; to design an operational SOW toreduce impingement and mortality and to protect juvenile fish and the tailwater fishery, which is

dependent on passage of fish from the dam.

10. Page 32, Section v.2.3. Hydropower will reduce downstream dissolved oxygen

concentrations. Dam tailwaters are typically close to 100% DO saturated. Water quality



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January 18, 2010

2

degradation will compromise congressionally authorized WQ benefits provided by Berlin

Reservoir. Generation will also concentrate flows on the west side of the river, possiblyimpacting instream habitat and increasing scour and erosion.



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Document Content(s)

Comments on Permit Application.DOC....................................1-3



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yHYDRO31300 Solon Road, Suite 12, Solon, Ohio 44139 phone: 440-498-1000 fax: 440-498-1101

November 30, 2009Federal Energy Regulatory Com missionSecretary, Kim berly D. Bose888 First Street NERoom 1AWashington, D.C. 20426Via: Electronic FilingReference: Documentation of Initial Stage Consultation Efforts for the Lake M iltonHydroelectric Project (FERC # P-13402)Dear Secretary Bose:Hydro Energy Technologies, LLC (HET) has scheduled a joint meeting with pertinentagencies and has informed and invited m embers of the public to attend the jornt meeting.The meeting will be held in Milton Township, Ohio on Wednesday, December 16, 2009.This meeting is scheduled to start at 1:00 p.m. at the American Legion Hall located at 16465East Milton Ave Lake Milton, Ohio 44429.The purpose of this meeting is to facilitate the consultation process with the interestedagencies and parties regarding the proposed hydroelectric project on the Mahoning River,and to fulfill Stage 1 Consultation Requirements for the under 5 MW exemption process.Attached are the meeting agenda, mailing list and the public announcement published inthe legal notice section of the November 25, 2009 issue of the Youngstown Vindicator.Please do not hesitate to contact our office should you have any questions.Best Regards,

Anthony M arraGeneral ManagerHydro Energy Technologies, LLC


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yHYDRO31300 Solon Road, Suite 12, Solon, Ohio 44139 phone: 440-498-1000 fax: 440-498-1101

November 23,2009

TO: All Interested Agencies/Parties on the Attached ListRE : Lake Milton Hydroelectric Project FERC Project # P-13402ANNOU NCEMENT OF PUBLIC MEETINGLadies and Gentlemen:This is to announce that Hydro Energy Technologies, LLC (HET) will hold a publicmeeting in Lake Milton, Ohio on Wednesday, December 16, 2009. This meeting isscheduled to start at 1:00 p.m. at the American Legion Hall located at 16465 East MiltonAve Lake Milton, Ohio 44429.The purpose of this meeting is to facilitate the consultation process with the interestedagencies and parties regarding the proposed hydroelectric project on the Mahoning River,and to fulfill Stage 1 Consultation Requirements for the under 5 MW exemption processoverseen by the Federal Energy Regulatory Commission (FERC). A draft agenda for theDecember 16, 2009 meeting is attached.Please let me know if your mailing address has changed, if there are any items you wouldlike added to the agenda, or if you do not want to receive future notifications of the LakeMilton Hydroelectric Project. If you have any questions, I can be reached by phone at(440) 804-6627, or via email at amaiTafehydroEtech.comBest Regards,

Anthony MarraGeneral ManagerHydro Energy Technologies, LLCAttachments: (1) Draft Agenda for December 16, 2009 Meeting(2) Lake Milton HydroelectricProject Mailing List


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Lake Milton Hydroelectric Project Public MeetingAm erican Legion Hall16465 East Milton A ve Lake M ilton, Ohio 444291:00 p.m. December 16, 2009

AGENDAPurpose: To facilitate the consultation process with the interested agencies andparties regarding the proposed hydroelectric project on the MahoningRiver, and to fulfill Stage 1 Consultation Requirements for the under 5MW exemption process overseen by the Federal Energy RegulatoryCommission (FERC).1:00 p.m. W elcome and Introduction of Interested Parties

Review ofAgenda1:05 p.m. Introduction and Description of Proposed Project

PowerPoint Presentation1:35 p.m. Comments, Questions, Discussion of Potential Studies by InterestedAgencies and Parties

Local Lake M ilton State Lake Milton ParkAssociation OEPA Milton Tow nship Ohio Historical Village of Craig SocietyBeach Ohio Historic Mahoning County Preservation Office CityofYoungstown Federal USAGEState U S Fish & Wildlife ODNR Other Interested Parties2:20 p.m. Site V isit

3:00 p.m. Adjourn Meeting


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LIST OF POTENTIALLY AFFECTED ENTITIES AND INTERESTED PARTIES

Paul Wolf, PresidentLake Milton Association16910 Overlook WayLake Milton OH 44429Lake Milton State Park16801 Mahoning Ave.Lake Milton, Oh 44429Milton Township15333 Palmyra RdDiamond, OH 44412Village of Craig Beach2538 Grandview Rd PO Box 99Lake Milton, Oh 4429Mahoning County21 West Boardman St., Suite 200Youngstown, OH 44503CountyOhio Environmental Protection Agency50 W. Town, Suite 700Columbus, Ohio 43215Ohio Department of Natural Resources2045 Morse Road, Bldg GColumbus, Ohio 43229Ohio Historical Society1982 Velma AvenueColumbus, OH 43211

Ohio Historic Preservation OfficeResource Protection & Review567 East Hudson StreetColumbus, Ohio 43211-1030USACE- Pittsburgh District2200 William S. Moorhead Federal Building1000 Liberty Avenue Pittsburgh, PA 15222-4186U.S. Fish and Wildlife Service4625 Morse Rd. Suit 104Columbus, Oh 43230-8355Department of the InteriorOffice of Environmental AffairsRoom 2340 MIB1849 C Street, NWWashington, DC 20240US Army Corps of EngineersGreat Lakes and Ohio River Division55 0 Main StreetCincinnati, OH 45202-7411Bureau of Land ManagementOffice of Lands7450 Boston Blvd.Springfield, VA 22153-3121City of Youngstown1st Floor City Hall26 South Phelps St.Youngstown, OH 44503


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? pressures.try not to real ly pound my~too hard about it, just becauseD W if I stay focused and con-nt . good things will happen,"icer said.

on the District facilities,, properties and contents.It ij expected these services would commence in June2010 and would be carried out through the District'snext fiscal year. Funding for mese services is to be

. NOTICEANNOUNCEMENT OF PUBLIC MEETINGHydro Energy Technologies, LLC w H I hoW a publicmeeting in Mifton Township, Ohio on Wednesday, De-cember 16, 2009 few the purpose of consulting withthe interested parties regarding the proposed LakeMilton Hydroelectric Project FERC Project # P-134Q2.This meeting is scheduled to start at 1:00 pm at theAmerican Legion Hall located at 16465 East MiJton AveLake Milton, Ohio 44429..

v given that sealed bids wifl be receivedby the Board of Park Commissioners, M iH Creek Metro-pofrtan Park District at the Park District Office, 7574Cofumbiana-Canfieid Road, CanfjeW, OH 4440


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