THE VILLAGE OF CRAIG BEACH, OHIO Proceedings of the Craig Beach Village Council Regular Meeting of March 14,

2011

A regular meeting of the Council of the Village of Craig Beach, Ohio was called to order by M ayor Larry Ellis on M onday, M arch 14, 2011 at 7:02pm in the Council Chambers of the M unicipal Building, at 2538 Grandview Road. The meeting was recorded on video tape and simulcast on Time-W arner cable public access channel. M ayor Ellis requested a moment of silence, which was observed. M ayor Ellis led all assembled in the Pledge of Allegiance. The M ayor directed the Clerk/Fiscal Officer, M r.Verquer, to call the roll. The following members of Council responded as present: M r. Becker, M r. Contant, M rs. Davidson, M r. Gaia, M r. Garner, M rs. Sabol Also present was: Fire Chief M aynard of M ilton Township; Asst. Fire Chief Pelin of M ilton Township; Police Chief Borosky ; M s. Barb Neill of Lake M ilton State Park. __________________________________________________________________________________ M ayor Ellis recognized M r. Anthony M arra III, General M anager of M ahoning Hydropow er, LLC. who was invited by M r. Verquer to address Council. M ayor Ellis requested a motion to deviate from the prepared Agenda.

MOTION:
M r. Gaia M OTIONED Council to deviate from the prepared Agenda to allow M r. M arra to speak. M r. Contant second the motion. YES: M r. Becker, M r. Contant, M rs. Davidson, M r. Gaia, M r. Garner, M rs. Sabol. NO: None M OTION PASSED: 6-0 M r. M arra introduced himself, and his company which is pursuing to develop a hydroelectric turbine powerhouse at the Lake M ilton dam. M r. M arra distributed a five (5) page, color illustrated, presentation and information data document. NOTE: This information data document is attached to and made a part of these written minutes as EXHIBIT A. This document duplicates the verbal presentation given by M r. M arra M r. M arra indicated that they have been pursuing this project since 2008 and is currently negotiating with ODNR to lease the dam. Questions and dialog that could impact future discussions on this matter are recorded as follows: & M r. Gaia stated that the Village could pursue this same project on its own or possibly as a joint venture and go after grants for funding. By participating, we could relieve some of the tax pressures on the Village residents and homeowners. & M r. Verquer asked if they will receive financial assistance from the Government. M r. M arras reply: W e would pursue grants. & M r. Contant asked if this project would place stress on the dam. M r. M arras reply: There would be no modifications to the dam. & M ayor Ellis asked if they have current hydroelectric facilities. M r. M arras reply: They do not have any in operation at the present time and there are only three (3) or four (4) in operation in the State of Ohio at this time.

& M r. Verquer asked the source of financing. M r. M arras 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 guarantys. & Barb Neill, M anager of the Lake M ilton 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. M r. M arras does not need ODNRs blessings. She also stated that M r. M arra has spent a great amount of money for feasibility studies and has invested a great amount of time on this project. She added, that only one gate, known as gate#2, would be utilized. M s. Neill said that Im supporting it (this project) M ayor Ellis thanked M r. M arra for his presentation and time answering all the questions. __________________________________________________________________________________

MINUTES:
The written minutes of the Regular Council meeting of February 14, 2011 were presented.

MOTION:
M r. Gaia M OTIONED that the minutes be read by title only. M rs. Sabol second the motion. YES: M r. Becker, M r. Contant, M rs. Davidson, M r. Gaia, M r. Garner, M rs. Sabol NO: None M OTION PASSED: 6-0 M r. Gaia M OTIONED to accept the minutes as presented. M r. Contant second the motion. YES: M r. Becker, M r. Contant, M rs. Davidson, M r. Gaia, M r. Garner, M rs. Sabol. NO: None M OTION PASSED: 6-0 ___________________________________________________________________________________

FINANCIAL/TREASURERS REPORTS:
The financial reports for February, 2011 were presented. M r. Verquer also included a Fund balance report as of M arch 2,2011. He stated that funds were received on the last days of February and he was unable to deposit/book the funds until after M arch 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 advances 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 W atch program. M r. Verquer shared his concern on the lower tax advances that have been received, although he will not know how short of budget they fall until the final tax settlement is made on the first half 2010 collections. & M r. Gaia asked how short we were and M r. Verquer responded that we are at approximate 25% of budget and hoped that we pick up the additional 25% in the settlement and roll-back funds. & M r. Becker asked why the collections may be short. M r. Verquer responded that probably due to property tax delinquencies. M ayor asked for a motion to send M r. Verquer to the required AOS training session in Columbus on April 6 th. And April 7 th. Registration fee of $175.00 and reimbursement to M r. Verquer for lodging, meals, parking and mileage.

MOTION:
M r. Contant M OTIONED that the Village send M r. Verquer to the training session and pay the registration fee and reimburse him the cost of lodging, meals, parking and mileage. M r. Becker second the motion. YES: M r. Becker, M r. Contant, M rs. Davidson, M r. Gaia, M r. Garner, M rs. Sabol. NO: None M OTION PASSED: 6-0 ___________________________________________________________________________________

CORRESPONDENCE:
& A letter was received from M ichael Sciortino, M ahoning County Auditor, announcing the

Homestead Exemption Outreach Program in conjunction with the M ahoning County Library. Their effort is to reach taxpayers who are turning 65 this year or who may have been eligible but never applied for th exemption. M ayor Ellis noted that their schedule includes a session at the Lake M ilton Library on W ednesday, April 13, 2011 between 10:00am and 6pm. Also one to be held in North Jackson on April 12 th. Between 10:00am and 6:00pm. & M r. Verquer copied and provided for Council the preliminary 2010 Census data. M ayor Ellis noted that the Village population is now at 1,180 which is a decrease of 74 from the 2000 Census. M r. 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 Government will be releasing a lot more details and statics in the coming year and will provide that to Council as it becomes available.

_____________________________________________________________________ SPEAKERS:
M r. Anthony M arra III, General M anager of M ahoning Hydropower, LLC. By M otion, this segment of the prepared Agenda was moved forward. ___________________________________________________________________________________

COMMITTEE REPORTS:
FINANCE COM M ITTEE: No meeting held. No reports presented by the Committee. JUDICIAL COM M ITTEE: No meeting held. No reports presented by the Committee. BUILDING & GROUNDS COM M ITTEE: No meeting held. No reports presented by the Committee. HEALTH & W ELFARE COM M ITTEE: No meeting held. No reports presented by the Committee. & M rs. Davidson stated that she will call for a meeting when Zoning Inspector Terry returns after M arch 21 st. to review and discuss zoning permit fees. She has already compiled fees from other municipalities. PUBLIC W ORKS COM M ITTEE: No meeting held. No reports presented by the Committee. & M ayor Ellis stated that M arket Street is in need of repairs and that, in light of the substantial fund balance in the Street Levy, we need to consider paving over the few remaining gravel streets we have in the Village. M r. Becker said he will take a look at theses streets and start to compile estimated cost. M rs. Davidson noted that the sides of other streets need repair. M ayor Ellis and M r. Becker indicated those were do to water line repairs and that M ahoning County W ater Department will return to repair. & M r. Garner had given M ayor 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. M ayor Ellis noted that this is not include installation/labor only the doors. M r. Garner also stated that consideration should be given to pour concrete or blacktop on the garage floor. M ayor Ellis asked Council what they would like to do. After a long discussion, no decision was made and no motion was tendered on this matter. & M r. Verquer 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 operating properly PUBLIC SAFETY COM M ITTEE: No meeting held. No reports presented by the Committee.

___________________________________________________________________________________

DEPARTMENTAL REPORTS:
FIRE DEPARTM ENT: Fire Chief M aynard presented the activity report for February, 2011 for the Village that reflected response to three (3) medical calls, two (2) carbon monoxide and three (3) dispatched and cancelled. He also distributed a copy of the Ohios Outdoor Burning Restrictions that begin M arch 1 st. & Chief M aynard distributed a product flier for Knox 911 access lock box system that they are now installing in M ilton Township. They have passed a Zoning Ordinance that requires one to be installed on all new housing and commercial construction. He detailed how the system works 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 owner. He indicated that if any Village home owner was interested they should contact the M ilton Township Fire Department. & Chief M aynard, 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. & M r. Garner asked Chief M aynard where the 911 calls where received and dispatched. Chief M aynard replied that it was through Trumbull County Emergency Center located at Hillside Hospital. & Chief M aynard also mentioned that the recent polar Plunge for Cancer was well attended and very successful in raising money for cancer awareness. He also announced that they have received the additional, used, ambulance and will shortly have two (2) fully equipment ambulances in service to the Township and Village. & Chief M aynard stated that they were 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 would 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:
M rs. Becker M OTIONED that the Village authorize the purchase of the Lifepak Defibrillator simulator as quoted from Dixie M edical, Inc. For $844.00. M r. Contant second the motion. YES: M r. Becker, M r. Contant, M rs. Davidson, M r. Gaia, M r. Garner, M rs. Sabol. NO: None M OTION PASSED: 6-0 M r. Verquer stated that he will issue and provide the purchase order for Chief M aynard and the simulator will then be placed on record as property of Craig Beach Village. POLICE DEPARTM ENT: 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 Abbott as a noncompensated Reserve Officer. M r. Abbott is willing to give the Village 8 hours a week and up to 20 hours during the summer. He is willing to work only for his commission. He brings to the Department 13 years of full time experience. In addition he is a certified firearms instructor who would be able to qualify not only 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 has a friend that is a grant writer and would assist the Village in grant submissions, gratis.

MOTION:
M r. Contant M OTIONED that Council approve the hiring of Richard Abbott as Reserve Lieutenant conditioned upon his acceptance of the position at no pay. M r. Gaia second the motion.

YES: M r. Becker, M r. Contant, M rs. Davidson, M r. Gaia, M r. Garner, M rs. Sabol. NO: None M OTION PASSED: 6-0

& Chief Borosky announced that his Department, in conjunction with the M ilton Township Fire
Department, will be sponsoring an Easter egg hunt at the Lake M ilton State Park. Although he will seek donations from W al-M art, additional funds may be expended from the recent donation from Aarons Rentals. He further said, he is preparing fliers so that he and his Officers, when on patrol, can handout to residents encouraging them to participate in the Neighborhood Crime W atch program. Chief Borosky said his goal is to involve the public. He also announced that the Village Police Department now has a w all on FaceBook. & M r. Gaia asked if the Department has sufficient supplies, such as ammunition or if they need anything else. Chief Borosky replied that they have enough at this time. ZONING REPORT: M s. Terry provided a report for the first days in her new position. She expressed the need to create new zoning fees and will need additional guidance in the coming months. She will be returning from out of state on M arch 21 st. M rs. Davidson will schedule a Committee meeting for M s. Terry so Zoning can be better addressed. M ayor Ellis noted that M s. 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 M ondays between 5:30pm and 6:00pm. _________________________________________________________________________________

COMMISSION REPORTS:
RECORDS COM M 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:
M ayor Ellis had nothing to report. ___________________________________________________________________________________

SOLICITOR REPORT:
Solicitor Van Brocklin had nothing to report. ___________________________________________________________________________________

UNFINISHED BUSINESS:
& M r. Garner asked about a public nuisance ordinance. M r. Verquer stated that it needs to
originate from a committee and the one that he had prepared a few years ago was simply a draft he authored and given to Council, at that time, as reference only. M ayor Ellis said that this should be considered in the Health & welfare Committee and/or the Judicial Committee. & Solicitor Van Broklin asked what the status was with the update and revisions to the Codified Ordinances. M r. Gaia replied that he was working on them and will contact W alter Drane Co. To follow-up with them on previous correspondence. & M r. 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 summons but will continue to pursue that matter. __________________________________________________________________________________

ORDINANCES & RESOLUTIONS:

___________________________________________________________________________________

#11-09 AN ORDINANCE AM ENDING AND/OR SUPPLEM ENTING OF THE PERM ANENT APPROPRIATIONS ORDINANCE FOR THE YEAR 2011 IN ORDER TO RENDER PAYM ENT FOR SERVICES AND DECLARING AN EM ERGENCY. M rs. Sabol M OTIONED to read the Ordinance by title only. M r. Contant second the motion. YES: M r. Becker, M r. Contant, M rs. Davidson, M r. Gaia, M r. Garner, M rs. Sabol NO: None M OTION PASSED: 6-0 M rs. Sabol M OTIONED to waive the regular rules of Council. M r. Gaia second the motion. YES: M r. Becker, M r. Contant, M rs. Davidson, M r. Gaia, M r. Garner, M rs. Sabol NO: None M OTION PASSED: 6-0 Discussion: M r. 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 were credit/paid to the Village last year. M rs. Sabol M OTIONED to adopt the Ordinance as presented. M r. Garner second the motion. YES: M r. Becker, M r. Contant, M rs. Davidson, M r. Gaia, M r. Garner, M rs. Sabol NO: None M OTION PASSED: 6-0

______________________________________________________________________ NEW BUSINESS:

& M r. 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 th. and to make the presentation to the Commissioners on M ay 12 th. But expects the leg work to be performed by Council members-its your job. He assumes that it would be the Glenwood Street Extension project that Council wishes to submit. & M rs. Sabol asked what was happening with the water problem in the Dollar General Store parking lot. She says store manager(s) are always asking her about this issue. M ayor Ellis replied that he has spoken with and told management at Dollar General that the Village is not responsible for the tie in of their drain to our storm drain pipe, but their responsibility. He further stated that their initial design of that store and parking lot was bad and that created the water problem, also that 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 recognized to speak. ______________________________________________________________________ __________

ADJOURNMENT:
There being no further business, M rs. Sabol moved to adjourn, it was second by M r. Gaia YEAS: 6 NAYS: None Adjournment 8:40 pm

____________________________

______________________________

Clerk: Adrian F. Verquer

Mayor: Larry Ellis II

yHYDRO ENERGY TECHNOLOGIES, LLC

31300 Solon Road, Suite 12, Solon, Ohio 44139 phone: 440-498-1000 fax: 440-498-1101 info@hvdroetech.coni

November 30, 2010

To All Interested Parties RE: Announcement of Change of Business Name for the: Lake Milton Hydroelectric Project (FERC# 13402) Berlin Dam Hydroelectric Project (FERC#13342)

To Whom it May Concern: This letter is written to announce that due to a change in the ownership structure of Hydro Energy Technologies, LLC (current preliminary permit holder for the above referenced projects), these projects will be pursued under a new business entity. The name of the new entity will be Mahoning Hydropower, LLC. The personnel with whom you have participated in the consultation process will not change. Anthony J. Marra III and his staff have worked hard on these projects and will continue management duties for Mahoning Hydropower, LLC for the Lake Milton and Berlin Dam Hydroelectric Projects. You may receive notification from FERC of surrender of preliminary permits by Hydro Energy Technologies, LLC (HET). This was a necessary step in changing entities, however, Mahoning Hydropower, LLC plans to continue consultation for these projects where HET left off as soon as possible. HET endorses Mahoning Hydropower, LLC and their ability to see this process through. Overall this change will assist the projects in moving forward more efficiently. We sincerely appreciate all the support and feedback we have received during the process. Sincerely,

Tony Marra Jr. President Hydro Energy Technologies, LLC

DEPARTMENT

OF THE ARMY

PITTSBURGH DISTRICT, CORPS OF ENGINEERS WILLIAM S. MOORHEAD FEDERAL BUILDING 1000 LIBERTY AVENUE PITTSBURGH, PA 15222-4186
REPLY TO ATTENTION OF

June 7,2010 Operations Division Regulatory Branch 2009-2067

Anthony Marra III Hydro Energy Technologies, LLC 31300 Solon Road, Suite 12 Solon, 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 existing concrete stilling basin as the base of Lake Milton Dam. [Thepowerhouse will contain one 650 KW Kaplan Turbine placed on top of 150 cubic yards o~concrete. Also installed on the lake side of the Lake Milton Dam will be a 15.5' by 45' trashrack over the existing rack. This hydroelectric project is located in Craig Beach, Mahonirig County, Ohio.
I

Activities 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 of the 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 be valid in addition to the following special conditions. 1. This permit will not be valid until the project is licensed by the Federal Energy Regulatory Commission (FERC) under the Federal Power Act of 1920, as amended or a licensing exemption is granted by the FERC pursfant to Section 408 of the Energy Security Act of 1980 and Section 30 of the Federal Power Act, as amended. Per this special condition and Nationwide Permit No. 17,Ithis FERC license or exemption must be received by this office to make this a valid Nationwide Permit authorization. Being as Ohio State Certification for this NationLide Permit has been denied in association with this Nationwide Permit, an Individual Water Quality Certification from the state is required. Therefore this Nationwide Permit is not valid until a copy of the Individual Water Quality Certification is received by this office.

2.

-2-

3. Dissolved oxygen monitoring from August to October is to be conducted to determine the existing condition of the Mahoning River directly downstream of the dam. This data will be utilized in mitigating dissolved oxygen levels if necessary. 4. If any tree cutting is necessary it should only be conducted between September 30 and April 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 Compliance Certification Form must be signed and returned to this office upon completion of the proposed work. 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 prior to March 18,2012. It is incumbent upon you to remain informed of changes to the Nationwide Permits. We will issue a public notice when the Nationwide Permits are reissued. Furthermore, if you commence or are under contract to commence this activity before the date that the relevant nationwide permit is modified or revoked, you will have twelve (12) months from the date of the modification or revocation of the Nationwide Permit to complete the activity under the present terms and conditions of this nationwide permit. The issuance of this Nationwide Permit will not relieve you of the responsibility to obtain any other required state, local, or Federal authorizations. If you have any questions, please contact Tyler Bintrim at 412-395-7115 or email at tvler.j.bintrim@usace.army.mil. Sincerely,

b~
Enclosures

Chief, Northern Section Regulatory Branch

MobileMe Mail - RE: Fish Study - Lake Milton Hydroelectric

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Print Message

RE: Fish Study - Lake Milton Hydroelectric

From: To: Cc: Date: "Navarro, John" <John.Navarro@dnr.state.oh.us> Anthony Marra <ajm86@mac.com> Hillman, Phil <Phil.Hillman@dnr.state.oh.us> 14 May 2010 1:36:52 PM

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) john.navarro@dnr.state.oh.us

-----Original Message----From: Anthony Marra [mailto:ajm86@mac.com] Sent: Monday, May 10, 2010 12:16 PM To: Bintrim, Tyler J LRP; Jeffrey.M.Benedict@usace.army.mil Cc: Ed Wilk; Mitch, Brian; Navarro, John; Hillman, Phil; Megan_Seymour@fws.gov; Robert.Y.Yue@usace.army.mil; AJMJR11204@aol.com; werner.c.loehlein@usace.army.mil; Neill, Barbara; rosemary.j.reilly@usace.army.mill; wolflma@embarqmail.com; 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

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7/16/2010 10:15 AM

MobileMe Mail - RE: Fish Study - Lake Milton Hydroelectric

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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" <tyler.j.bintrim@usace.army.mil> wrote: >

2 of 2

7/16/2010 10:15 AM

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

DEPARTMENT OF THE ARMY PITTSBURGH DISTRICT, CORPS OF ENGINEERS WILLIAM S. MOORHEAD FEDERAL BUILDING 1000 LIBERTY AVENUE PITTSBURGH, PA 15222-4186

Plan Formulation Section Kimberly D. Bose, Secretary Federal Energy Regulatory Commission 888 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. If you have any questions on this matter, please have your staff contact me by either telephone, (412) 395-7202, or by e-mail at: jeffrey.m.benedict@usace.army.mil.

Enclosure

Sincerely

/s/ Jeffrey Benedict, P.E. Hydropower Coordinator Pittsburgh District Corps of Engineers

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

January 18, 2010 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 transmission lines 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 dramatically increase 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 to meet 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 the turbine. 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 been addressed. 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 passage through 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 to reduce 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

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

January 18, 2010 degradation will compromise congressionally authorized WQ benefits provided by Berlin Reservoir. Generation will also concentrate flows on the west side of the river, possibly impacting instream habitat and increasing scour and erosion.

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

Document Content(s) Comments on Permit Application.DOC....................................1-3

yHYDRO
31300 Solon Road, Suite 12, Solon, Ohio 44139 phone: 440-498-1000 fax: 440-498-1101

November 30, 2009 Federal Energy Regulatory Commission Secretary, Kimberly D. Bose 888 First Street NE Room 1A Washington, D.C. 20426 Via: Reference: Electronic Filing Documentation of Initial Stage Consultation Efforts for the Lake Milton Hydroelectric Project (FERC # P-13402)

Dear Secretary Bose: Hydro Energy Technologies, LLC (HET) has scheduled a joint meeting with pertinent agencies and has informed and invited members 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 16465 East Milton Ave Lake Milton, Ohio 44429. The purpose of this meeting is to facilitate the consultation process with the interested agencies 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 in the 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 Marra General Manager Hydro Energy Technologies, LLC

yHYDRO
31300 Solon Road, Suite 12, Solon, Ohio 44139 phone: 440-498-1000 fax: 440-498-1101

November 23,2009 TO: RE: All Interested Agencies/Parties on the Attached List Lake Milton Hydroelectric Project FERC Project # P-13402 ANNOUNCEMENT OF PUBLIC MEETING

Ladies and Gentlemen: This is to announce that Hydro Energy Technologies, LLC (HET) will hold a public meeting in Lake Milton, Ohio on Wednesday, December 16, 2009. This meeting is scheduled to start at 1:00 p.m. at the American Legion Hall located at 16465 East Milton Ave Lake Milton, Ohio 44429. The purpose of this meeting is to facilitate the consultation process with the interested agencies 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 overseen by the Federal Energy Regulatory Commission (FERC). A draft agenda for the December 16, 2009 meeting is attached. Please let me know if your mailing address has changed, if there are any items you would like added to the agenda, or if you do not want to receive future notifications of the Lake Milton Hydroelectric Project. If you have any questions, I can be reached by phone at (440) 804-6627, or via email at amaiTafehydroEtech.com Best Regards,

Anthony Marra General Manager Hydro Energy Technologies, LLC

Attachments: (1) Draft Agenda for December 16, 2009 Meeting (2) Lake Milton Hydroelectric Project Mailing List

Lake Milton Hydroelectric Project Public Meeting

American Legion Hall 16465 East Milton Ave Lake Milton, Ohio 44429 1:00 p.m. December 16, 2009

AGENDA Purpose: To facilitate the consultation process with the interested agencies 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 overseen by the Federal Energy Regulatory Commission (FERC). Welcome and Introduction of Interested Parties Review of Agenda Introduction and Description of Proposed Project
PowerPoint Presentation

1:00 p.m. 1:05 p.m. 1:35 p.m.

Comments, Questions, Discussion of Potential Studies by Interested Agencies and Parties Local Lake Milton Association Milton Township Village of Craig Beach Mahoning County CityofYoungstown State ODNR Lake Milton State Park OEPA Ohio Historical Society Ohio Historic Preservation Office Federal USAGE US Fish & Wildlife Other Interested Parties

2:20 p.m. 3:00 p.m.

Site Visit Adjourn Meeting

LIST OF POTENTIALLY AFFECTED ENTITIES AND INTERESTED PARTIES Paul Wolf, President Lake Milton Association 16910 Overlook Way Lake Milton OH 44429 Lake Milton State Park 16801 Mahoning Ave. Lake Milton, Oh 44429 Milton Township 15333 Palmyra Rd Diamond, OH 44412 Village of Craig Beach 2538 Grandview Rd PO Box 99 Lake Milton, Oh 4429 Mahoning County 21 West Boardman St., Suite 200 Youngstown, OH 44503County Ohio Environmental Protection Agency 50 W. Town, Suite 700 Columbus, Ohio 43215 Ohio Department of Natural Resources 2045 Morse Road, Bldg G Columbus, Ohio 43229 Ohio Historical Society 1982 Velma Avenue Columbus, OH 43211 Ohio Historic Preservation Office Resource Protection & Review 567 East Hudson Street Columbus, Ohio 43211-1030 USACE- Pittsburgh District 2200 William S. Moorhead Federal Building 1000 Liberty Avenue Pittsburgh, PA 15222-4186 U.S. Fish and Wildlife Service 4625 Morse Rd. Suit 104 Columbus, Oh 43230-8355 Department of the Interior Office of Environmental Affairs Room 2340 MIB 1849 C Street, NW Washington, DC 20240 US Army Corps of Engineers Great Lakes and Ohio River Division 550 Main Street Cincinnati, OH 45202-7411 Bureau of Land Management Office of Lands 7450 Boston Blvd. Springfield, VA 22153-3121 City of Youngstown 1st Floor City Hall 26 South Phelps St. Youngstown, OH 44503

N o v . 2 5 . 2009 3:48PM

THE VINDICATOR

No.5192

P.

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on the District facilities,, properties and contents. It ij expected these services would commence in June 2010 and would be carried out through the District's next fiscal year. Funding for mese services is to be . NOTICE ANNOUNCEMENT OF PUBLIC MEETING Hydro Energy Technologies, LLC wHI hoW a public meeting in Mifton Township, Ohio on Wednesday, December 16, 2009 few the purpose of consulting with the interested parties regarding the proposed Lake Milton Hydroelectric Project FERC Project # P-134Q2. This meeting is scheduled to start at 1:00 pm at the American Legion Hall located at 16465 East MiJton Ave Lake Milton, Ohio 44429..

a public hearing on these n ducted on Wednesday, Deo PM in conference room B at emment Center, 50 W. Tovs lumbus, Ohio. AH visitors to ( the Security desk in the lol bring photo identification (s< cense). For security reasons, wear their badge at all time t Please arrive early to complete pursuant to Titte V of the Ctei __*shed an approved Title apter 3745-77) for "major ources" (as defined in 40 CFR /are located in Ohio. The abov part of Onions approved Titte posed amendments wifl be si modification of the approve* mentioned hearing shall be hearing for the approved progi Ail interested persons are entitl resented at the bearina and gi ments on these rule changes, sented at the hearing, and all < mitted 3t the hearing or by tt December 30, 2009, will be o prior to final action on this n. submitted after December 30, ered as time and circumstances part of the ofK&a.! record of the These rutes are available on' the lations Web page for electronic ': http://ep8.ohiQ.gov/dapc m'rffiules. Questions regarding < should be directed to Arunee 1342; other questions or comm should be directed to Mike Ahe 644-3631, mike.ahern@epa.stat Mike Ahem, Ohio EPA, Division Lazarus Government Center, P.I bus, Ohio 43216-1049. Persons electronically are encouraged to copy via regular nail.

v given that sealed bids wifl be received by the Board of Park Commissioners, MiH Creek Metropofrtan Park District at the Park District Office, 7574 Cofumbiana-Canfieid Road, CanfjeW, OH 4440<S until 12 o'clock noon (Youngstown time) on December 2, 2009, for furnishing the following: Gasoline & Fuel Oil Specifications, Bidding Documents, and Bidding Terms & Conditions may be obtained at the above office. Bids wHI be opened and read immediately after 12 o'clock noon {Voungstown time) on Wednesday, December 2,2009, at the Park District Office, Each bid must be addressed to the Board of Park Commissfoners, Mill Creek Metropolitan Park District, P.O. Box 596, Canffefd, OH 44406, and must be enclosed in a seated envelope with the name of the bidder and the article bid upon clearly marked on the outside of the envelope. The Board of Park Commissioners reserves the right to reject arty, part of any, or all bids, to waive any informalities tn the bidding process and to accept any bid they feel to be in the best interest of the Park District. BOARD OF PARK COMMISSIONERS MILL CREEK METROPOLITAN PARK DISTRICT Thomas Bresko Secretary

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