Introduction

Page 1

LuigiResta,President rPlusHydro,LLLP 201SMainSt,Suite2100 SaltLakeCity,UT84111 (801)456-1575

KimberlyD.

FederalEnergyRegulatoryCommission 888FirstStreet,NE Washington,DC20426

UnitedStates

Via Electronic Filing

January18,2023

Re: Seminoe Pumped Storage Project (FERC Project No. 14787); Application for a License for Major Unconstructed Project

DearSecretaryBose:

rPlus Hydro, LLLP, on behalf of Black Canyon Hydro, LLC (“BCH”), is pleased to formallyfilewiththeFederalEnergyRegulatoryCommission(“FERC”)anapplication foraLicenseforMajorUnconstructedProject(“LicenseApplication”)fortheSeminoe PumpedStorageProject,FERCProjectNo.14787(the“Project”).BCHdevelopedthis License Application in accordance with 18 CFR Part 4, Subpart E of FERC’s regulations. It contains all required exhibits and studies as well as the Supporting DesignReport.

In accordance with FERC’s Traditional Licensing Process, BCH filed the Draft ApplicationonJune6,2022. Itsolicitedcommentsfromfederalandstateagenciesas wellasotherthird-partystakeholderswithaninterestintheProject. Asaresultof this effort, BCH received a number of comments that it has incorporated and respondedto intheLicenseApplication. BCHhas alsoupdatedtheexistingstudies by adding an additional key observation point, surveying additional Project lands, inventoryingadditionalrecreationlocations,modifyingtheupperreservoirdesignto accommodate the WesternAreaPowerAdministration(“WAPA”)transmissionline relocation, and providing up-to-date sage grouse monitoring. BCH has also added information as well as analysis relating to ice formation, water temperature modeling,andsedimenttransportandmetals.

BCHisalsoengagedwith(i)theU.S.BureauofReclamation(“Reclamation”)toobtain aLeaseofPowerPrivilege,(ii)theBureauofLandManagement(“BLM”)toobtainan appropriaterightofwayeasementaswellastoachieveadequateaccommodationto theRawlinsFieldOfficeResourceManagementPlan,and (iii)WAPAtorelocatethe existing transmission line. BCH has coordinated with each agency regarding these additionalprocessesandauthorizations.

In conjunction with the submission of the License Application, BCH will also be submittingaFAST-41InitiationNoticeundertitle41ofTheFixingAmerica’sSurface TransportationAct. Thepurposeofthisfilingistoassistcoordinationandoversight procedures for all federal agencies involved in the License Application review process.

TobeeligibleforFAST-41,theProjectmustmeetthedefinitionofa“coveredproject” underthestatute. AsrelevanttoFERC,acoveredprojectisonethat:(1)involvesthe constructionofanon-federalhydropowerfacility,interstatenaturalgaspipeline,or liquefiednaturalgasterminalthatissubjecttotheNationalEnvironmentalPolicyAct review;and(2)islikelytorequireatotalinvestmentofmorethan$200,000,000. The Projectmeetsbothrequirements.

The License Application will be accessible to you and to the public on the Project websiteatthefollowingwebaddress:

https://www.seminoepumpedstorage.com

In addition,acopyofthe LicenseApplicationisavailableforpublicreviewat rPlus Hydro, LLLP, corporate headquarters, the Carbon County Public Library, and the RawlinsBLMFieldOffice.

Project Overview

BCH is excited to advance the development of this important hydroelectric energy storage project. The Project represents a unique energy storage and dispatch opportunityfortheStateofWyomingaswellasthegreaterNorthwestregion.

Fewfeasiblemeansexisttodayforprovidingcommercialgradeenergystorageofthe scaleanddurationneededastheelectricgridevolvestowardmorerenewableenergy generationanduse. AsWyomingemergesintoaleaderinthegenerationandsaleof both wind and solar energy, the Project will add tremendous value to store that energyandreturnittothegridonareal-time,as-neededbasis.

Asaresult,theProjectisinstrongalignmentwiththeBidenAdministration’sstrategy to engage with the renewable energy industry to promote development of clean energy sources1 . Indeed, with the recent passage of the Inflation Reduction Act

1 https://www.blm.gov/blms-national-renewable-energy-strategy-0

(“IRA”), Congress has signaled both the need as well as the desire to expedite the developmentandconstructionofthesetypesofutility-scaleinfrastructureprojects.

TheLicenseApplicationcontainsadetaileddescriptionoftheProject.Concisely,the Project will consist of two reservoirs at different elevations, three variable pumpturbine units with a total generating capacity of 972 megawatts (“MW”) in an underground powerhouse, a tunnel conveyance system (both above and below ground)betweenthetworeservoirs,groundwaterwellsforinitialfillandmake-up water, and an inter-tie to the existing electric transmission grid. The Project is designedasanopen-loopsystemthatwillutilizeReclamation’sexistingSeminoeDam asthelowerreservoir.

Utilizing fewer than two acres for each MW of capacity, the Project represents an efficient use of both public and private lands. The Project is located primarily on public lands administered by the BLM and Reclamation. Additionally, there are Projectfeaturesthatconceiveoftheuseofsomeprivatelands.

Process and Schedule

On June 16, 2016, BCH filed an application for a Preliminary Permit to initiate the FERCprocessfortheProject.FERCissuedthePreliminaryPermitonSeptember23, 2016andextendedthetermofthePreliminaryPermitbyorderdatedAugust8,2019. BCH then researched and prepared the Pre-Application Document, which was then filed and distributed on April 20, 2020, to present a description of the proposed Project,ascheduleforthelicensingandpermittingprocess,andaninitialassessment of potential Project effects on resources and the environment. Additionally, BCH requested that FERC utilize its Traditional Licensing Process, which FERC subsequentlyapproved.

Since the Pre-Application Document was circulated, other key highlights of consultation to-date include the Joint Agency Public Meeting and site visit with agenciesandstakeholdersonJuly21,2020.

On March 23, 2021, BCH distributed ten study plans for comment. The study plans wererevisedbasedoncommentsreceivedfromBLM,Reclamation,andtheWyoming Game and Fish Department. Studies were conducted in 2021. The results of the studiesarediscussedinExhibitEoftheDraftApplication,andthestudyreportsare providedasappendices.

BCHfiledtheDraftApplicationonJune6,2022. Itsolicitedcommentsfromfederal and state agencies as well as other third-party stakeholders with interest in the Project.Itreceivedanumberofcommentsandhasincorporatedthesecommentsin theLicenseApplication.

The consultation record reflecting the FERC process steps as well as BCH’s other agencyandstakeholderoutreachfromNovember8,2019,tothefilingoftheLicense

ApplicationisattachedasAppendixAtoExhibitEoftheDraftApplication. Appendix LisaresponsetoallcommentsreceivedontheDraftApplication.

BCH has also (i) engaged with the BLM’s field office in Rawlins, WY to discuss and planfortheProjectuseofBLM-administeredfederallands;(ii)metwithReclamation regarding a Lease of Power Privilege and the storage of water in the Seminoe Reservoir; and (iii) met with WAPA regarding the relocation of the existing transmissionline. BCHanticipatesthattheBLM,Reclamation,andWAPAreviewand approvalwillbecoordinatedwiththeFERClicensingprocess.

BCH is excited about this Project and anticipates the following outcomes: FERC’s issuance of an original license for construction and operation of the Project, BLM’s granting of (i) a special use authorization for the Project’s use and occupancy of federallandsand(ii)accommodationtoconstructandoperatetheProjectunderthe localresourcemanagement plan,UBR’sgranting ofaLeaseofPowerPrivilege,and WAPA’sapprovalofmovingitsexistingtransmissionline.

If you have any questions regarding the License Application or the review and commentprocess,pleasecontactLarsDorr,ProgramManagerforrPlusHydro,LLLP, at(858)925-3743.

Sincerely, LuigiResta President

rPlusHydro,LLLP

Cc:DavidTurner,NorthwestBranchChief

Seminoe Pumped Storage Project (FERC No. 14787)

Federal Agencies

Bureau of Land Management, High Desert District Office District Manager

Jason Gay 280 Highway 191 North Rock Springs, WY 82901-3447

Bureau of Land Management, Rawlins Field Office Project Coordinator Annette Treat 1300 North Third Street Rawlins, WY 82301-2407

Bureau of Land Management, Rawlins Field Office

Acting Field Manager John Elliot 1300 North Third Street Rawlins, WY 82301-2407

Bureau of Reclamation, Wyoming Area Office Chief, Contracts and Compliance Branch Brad Cannon 705 Pendell Boulevard Mills, WY 82644

Bureau of Reclamation, Wyoming Area Office Area Manager Carlie Ronca 705 Pendell Boulevard Mills, WY 82644

Environmental Protection Agency, NEPA Region 8 Branch

NEPA Reviewer: Energy Lead Melissa McCoy NEPA Program, U.S. EPA Region 8 (8ORA-N) 1595 Wynkoop Street Denver, CO 80202-1129

National Park Service Hydropower Assistance Intermountain Region Susan Rosebrough

National Park Service Regional Office 12795 West Alameda Parkway Lakewood, CO 80228

National Park Service Intermountain Region, Program Manager Ericka Pilcher

National Park Service Regional Office 12795 West Alameda Parkway Lakewood, CO 80228

U.S. Army Corps of Engineers, Northwest Division

Technical Review Program Manager Stephen Bredthauer P O Box 2870 Portland, OR 97208-2870

U.S. Army Corps of Engineers, Northwest Division, Omaha Regulatory District USACE WY Regulatory Office Mike Happold 1616 Capitol Ave., Ste 900 Omaha, NE 68102-4901

U.S. Army Corps of Engineers, Northwest Division, Omaha Regulatory District Senior Project Manager

Page Wolken

2232 Dell Range Blvd Suite 210 Cheyenne, WY 82009

U.S. Bureau of Indian Affairs Rocky Mountain Regional Office 2021 4th Avenue North Billings, MT 59101

U.S. Bureau of Indian Affairs, Natural Resources Hydropower Program Manager Bob Dach 911 NE11th Avenue Portland, OR 97232-4169

U.S. Fish & Wildlife Service, Wyoming Field Office Field Supervisor, Ecological Services Tyler Abbott 334 Parsley Boulevard Cheyenne, WY 82007

U.S. Fish & Wildlife Service, Wyoming Field Office Deputy Field Supervisor Nathan Darnall 334 Parsley Boulevard Cheyenne, WY 82007

U.S. Forest Service Regional Hydropower Coordinator 324 25th Street Ogden, UT 84401

U.S. Geological Survey Region 7 Upper CO Basin Regional Director Peter Griffiths

Denver Federal Center, Bldg. 67 P.O. Box 25046, MS 911 Denver, CO 80225-0046

Distribution List
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Distribution List

Seminoe Pumped Storage Project (FERC No. 14787)

Western Area Power Administration Supervisory Facilities Engineer

Jason Groendyk

P O Box 3700 Loveland, CO 80539-3003

Western Area Power Administration Rocky Mountain Region Regional Manager Bart Barnhart P O Box 3700 Loveland, CO 80539-3003

WY - U.S. House of Representatives Congresswoman Harriet Hageman 1531 Longworth House Office Building Washington, DC 20515

WY - U.S. Senate Senator Cynthia Lummis 124 Russell Senate Office Building Washington, DC 20510

WY - U.S. Senate Senator John Barrasso 307 Dirksen Senate Office Building Washington, DC 20510

WY - U.S. Senate Senate Energy and Natural Resources Committee Advisor Jacob McCurdy 307 Dirksen Senate Office Building Washington, DC 20510

State Agencies

State Board of Control, Region 1 Superintendent, Cory Rinehart 510 W 27th Avenue Torrington, WY 82240

WY - House of Representatives District 15 Representative Donald Burkhart, Jr P.O. Box 852 Rawlins, WY 82301

WY - House of Representatives District 47 Representative Robert Davis P.O. Box 369 Baggs, WY 82321

WY - Senate - District 11 State Senator Senate VP Larry Hicks P.O. Box 413 Baggs, WY 82321

Wyoming Department of Transportation Environmental Service Manager

Scott Gamo 5300 Bishop Boulevard Cheyenne, WY 82001-3340

Wyoming Dept. of Environmental Quality Director

Todd Parfitt 200 West 17th Street, 4th Floor Cheyenne, WY 82002

Wyoming Dept. of Environmental Quality Industrial Siting Division Deputy Director Alan Edwards 200 West 17th Street Cheyenne, WY 82002

Wyoming Dept. of Environmental Quality Industrial Siting Division Economist

Christopher Toalson 200 West 17th Street Cheyenne, WY 82002

Wyoming Dept. of Environmental Quality Water Quality Division, Administrator Jennifer Zygmunt 200 West 17th Street Cheyenne, WY 82002

Wyoming Dept. of Environmental Quality Water & Wastewater Division Section Manager

Keenan Hendon 200 West 17th Street Cheyenne, WY 82002

Wyoming Energy Authority Executive Director

Glen Murrell

325 W 18th Street, #1 Cheyenne, WY 82001

Wyoming Game & Fish Department Habitat Protection Program Biologist Anika Mahoney 5400 Bishop Boulevard Cheyenne, WY 82004

2

Distribution List

Seminoe Pumped Storage Project (FERC No. 14787)

Wyoming Game & Fish Department Regional Fisheries Supervisor Matt Hahn 3030 Energy Lane Casper, WY 82604

Wyoming Game & Fish Department, District #2 Commissioner Ralph Brokaw 270 Brokaw Road Arlington WY 82083

Wyoming Game & Fish Dept. Headquarters 5400 Bishop Boulevard Cheyenne, WY 82004

Wyoming Office of the Governor Governor Mark Gordon State Capitol Building, Room 124 Cheyenne, WY 82002

Wyoming Office of the Governor Chief of Staff Buck McVeigh State Capitol Building Cheyenne, WY 82002

Wyoming Office of the Governor Chief Energy Advisor Randall Luthi State Capitol Building Cheyenne, WY 82002

Wyoming Office of the Governor Natural Resources Policy Advisor Nolan Rap 200 West 24th Street Cheyenne, WY 82002

Wyoming Office of the Governor Exe Dir. of WY Innovation Project (WHIP) Lauren Schoenfeld 201 West 24th Street Cheyenne, WY 82003

Wyoming Office of the Governor Major Projects Manager Jennifer Thompson 202 West 24th Street Cheyenne, WY 82004

Wyoming State Engineer's Office State Engineer

Brandon Gebhart

122 West 25th Street, Herschler Building, 2nd Floor West Cheyenne, WY 82002

Wyoming State Engineer's Office Surface Water Administrator Nathan Graves

122 West 25th Street, Herschler Building, 2nd Floor West Cheyenne, WY 82002

Wyoming State Engineer's Office Assistant Surface Water Administrator Jed Rockweiler

122 West 25th Street, Herschler Building, 2nd Floor West Cheyenne, WY 82002

Wyoming State Forestry Division State Forester Bill Crapser 5500 Bishop Boulevard Cheyenne, WY 82002-0001

Wyoming State Forestry Division District #2 Forester Bryan Anderson 2020 Fairgrounds Road, Suite 101 Casper, WY 82604

Wyoming State Historic Preservation Office Deputy Director Sara Needles 2301 Central Avenue Barrett Building, 3rd Floor Cheyenne, WY 82002

Wyoming State Historic Preservation Office Senior Archaeologist Richard Currit 2301 Central Avenue Barrett Building, 3rd Floor Cheyenne, WY 82002

Wyoming State Parks and Cultural Resources Director, Darin Westby 2301 Central Avenue Barrett Building, 4th Floor Cheyenne, WY 82002

Wyoming State Parks, Historic Sites, & Trails Superintendent, Seminoe State Park Lonnie Porter

2301 Central Avenue Barrett Building, 4th Floor Cheyenne, WY 82002

3

Distribution List

Seminoe Pumped Storage Project (FERC No. 14787)

Local Municipalities

Carbon County County Clerk Gwynn Bartlett 415 W Pine Street Rawlins WY 82301

Carbon County Board of Commissioners County Commissioner Byron Barkhurst P.O. Box 6 Rawlins, WY 82301

Carbon County Board of Commissioners County Commissioner, Vice Chair Sue Jones P.O. Box 131 Encampment, WY 82325

Carbon County Board of Commissioners County Commissioner John Espy 903 13th Street Rawlins, WY 82301

Carbon County Board of Commissioners County Commissioner Travis Moore 1918 Dunphail Street Rawlins, WY 82301

Carbon County Board of Commissioners County Commissioner John Johnson P.O. Box 28 Elk Mountain, WY 82324

Carbon County Economic Development Corp. Executive Director Yvonne Johnson 215 W. Buffalo, Suite 304 Rawlins, WY 82301

Carbon County, Dept. of Planning & Development Planning Director Sarah Brugger 215 West Buffalo Street, Suite 336 Rawlins, WY 82301

City of Casper Mayor Ray Pacheco 200 North David Street Casper, WY 82601

City of Hanna Mayor

Lois Buchanan P.O. Box 56 Hanna, WY 82327

City of Rawlins Mayor

Terry L. Weickum 908 Ash Ave Rawlins, WY 82301

Native American Tribes

Eastern Shoshone Tribe Tribal Historic Preservation Officer Josh Mann P.O. Box 538 Fort Washakie, WY, 82514

Eastern Shoshone Tribe Shoshone Business Council Chairman John St Clair P.O. Box 538 Fort Washakie, WY, 82514

Northern Arapaho Tribe Chairman Lloyd Goggles P.O. Box 396 Fort Washakie, WY, 82514

Northern Arapaho Tribe Tribal Historic Preservation Officer Ben Ridgley P.O. Box 67 St Stephens, WY 82524

Additional Parties

9V Ranch, LTD. Keith Libbey P.O. BOX 86 Afton, MN 55001

Aggie Grazing, LLC John Jordan 141 Union Blvd., Suite 310 Lakewood, CO 80228

Bill Ellis Ellis Ranch PO Box 330 Medicine Bow, WY 82329

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Distribution List

Seminoe Pumped Storage Project (FERC No. 14787)

Casper-Alcova Irrigation District Manager

Greg Rino 755 Connie Street Mills, WY 82644

Casper-Alcova Irrigation District Manager

Drew James 755 Connie Street Mills, WY 82644

Korkow Ranch Corp. Rick Jones PO Box 205 Hanna, WY 82327

Korkow Ranch Corp. Rick Jones 60 Sackett Street Brooklyn, NY 11231

T.E. Ranch Rick Jones PO Box 103, HC 61 Hanna, WY 82327

Kortes, Andrew and Sons, Inc. PO Box 112B, HC 61 Hanna, WY 82327

Rick & Marla McNees 3894 Rd. 37 Yoder, WY 82244

Miller Estate Company Sherrod W. France PO Box 466 Hanna, WY 82327

Phil and Laurie Schnabel PO Box 490 Hanna, WY 82327

Powed K. Boles PO Box 205 Hanna, WY 82327

Q Creek Grazing Assoc. LLC PO Box 656 Rawlins, WY 82301

Q Creek Land and Livestock Company, L.L.C. Attn: Wyatt Anthony PO Box 11350 Bozeman, MT 59719

Wyoming Cooperative Fish and Wildlife Research Unit Leader Matthew Kauffman University of Wyoming Dept 3166, 1000 E University Ave. Laramie, WY 82071-3166

Platte River Recovery Implementation Program Executive Director Jason Farnsworth 4111 4th Avenue, Suite 6 Kearney, NE 68845

5

Before the Federal Energy Regulatory Commission Application for Original License for Major Unconstructed Project Seminoe Pumped Storage Project

FERC No. 14787

The Initial Statement is presented herein and addresses the Federal Energy Regulatory Commission (FERC or Commission) regulation at 18 Code of Federal Regulations (CFR) §4.41(a)

1. Black Canyon Hydro, LLC (Black Canyon or Applicant) applies to the FERC for an original license for the proposed Seminoe Pumped Storage Project (FERC No. 14787) (Project), as described in the attached exhibits.

2. The location of the proposed Project is:

State or territory: Wyoming County: Carbon County Township or Nearby Towns: City of Rawlins Stream or Other Body of Water: Seminoe Reservoir on the North Platte River

3. The exact name, business address, and telephone number of the Applicant is:

Black Canyon Hydro, LLC c/o rPlus Hydro, LLLP 201 S. Main St. Suite 2100 Salt Lake City, UT 84111 Phone: (801) 456-1575

The exact name and business address of each person authorized to act as agent for the Applicant in this application are:

Luigi Resta

Black Canyon Hydro, LLC c/o rPlus Hydro, LLLP 201 S. Main St. Suite 2100 Salt Lake City, UT 84111

Matthew Shapiro

Black Canyon Hydro, LLC c/o rPlus Hydro, LLLP 800 W. Main St. Ste. 1220 Boise, ID 83702

4. The Applicant is a domestic corporation and is not claiming preference under section 7(a) of the Federal Power Act, 16 United States Code (U.S.C.) §796.

5. (i) The statutory or regulatory requirements of Wyoming, in which the Project is located, which would, assuming jurisdiction and applicability, affect the Project as proposed with respect to the appropriation, diversion, and use of water for power purposes, and with respect to the right to engage in the business of developing, transmitting, and distributing power, and in any other business necessary to accomplish the purpose of the license under the Federal Power Act are:

a. Black Canyon is a limited liability company organized under the laws of the State of Idaho, and, as such, can engage in the activities set forth in its organizational documents, which includes the generation, transmission, and distribution of electricity from the Project.

January 2023 | IS-1

b. Wyoming law recognizes that all free-flowing surface water and all groundwater belongs to the State (Wyo. Const. Art. 8, §1). The Wyoming State Engineer’s Office is responsible for the permitting and management of the state waters pursuant to Wyoming Statutes [W.S.], Title 41

The State Engineer will oversee the permitting of various temporary and permanent water rights to allow for: (1) the initial diversion from Seminoe Reservoir and fill of the upper reservoir and Project conveyance system; (2) water storage in the upper reservoir; and (3) augmentation and refill water due to seepage and evaporative losses. Water usage at the Project is intended to be permitted as a non-consumptive beneficial use for industrial power. Black Canyon anticipates sourcing water for the initial fill from Seminoe Reservoir through a dual contractual arrangement with the United States Bureau of Reclamation and a temporary water lease and change of use with an irrigation district. The State Engineer will oversee any temporary two (2) year change pursuant to W.S. §41-3-102. Long term augmentation to make up for seepage and evaporative loss will be sourced through a longterm contractual arrangement for annual make-up or the purchase of a water right that will be permitted for this purpose through a permanent change of use application with the Wyoming Board of Control.

Black Canyon anticipates working with the U.S. Bureau of Reclamation to secure an excess capacity storage agreement for use of Seminoe Reservoir. Final permitting for a temporary fill water right and, eventually a long-term augmentation water right, will be sought through coordination with the U.S. Bureau of Reclamation, the chosen third party(ies) source of water, and the State Engineer.

c. Section 401 of the Federal Clean Water Act, 33 U.S.C. §1341 (Section 401) requires that any applicant for a Federal license or permit to conduct an activity that will or may discharge into waters of the United States (as defined in the Clean Water Act) must present the Federal authority with a Water Quality Certification (WQC) or evidence of waiver thereof. The Wyoming Department of Environmental Quality-Water Quality Division (WDEQ-WQD) oversees the 401 WQC program.

(ii) The steps the Applicant has taken or plans to take to comply with each of the laws cited above are:

a. The Applicant has complied with the requirements of the laws of the State of Wyoming with respect to the right to engage in the business of developing and transmitting power.

b. The potential methods of obtaining water supplies for initial fill of the Project include:

• The transfer of water on a temporary basis by executing a Temporary Water Use Agreement with an existing water right holder (appropriator).

• Entering a contractual arrangement with the U.S. Bureau of Reclamation for a water service contract to be used for the initial fill.

• Purchase water from a water holder with an active existing water right and petitioning the Wyoming Board of Control for a change in use.

A potential method for obtaining long-term, make-up water for evaporation and other losses from the Project’s upper reservoir is the purchase of water from a private water right holder that is willing to permanently retire or abandon their water rights. Appropriators must petition the Wyoming Board of Control for a permanent change in use.

January 2023 | IS-2
Final License Application - Initial Statement Seminoe Pumped Storage Project

c. The Applicant will consult with the WDEQ-WQD regarding the applicability of a WQC pursuant to Section 401 of the Clean Water Act.

INFORMATION REQUIRED BY 18 CFR SECTION 4.32

(1) Identify every person, citizen, association of citizens, domestic corporation, municipality, or state that has or intends to obtain and will maintain any proprietary right necessary to construct, operate, or maintain the project:

Black Canyon Hydro, LLC c/o rPlus Energies

800 W. Main St. Ste. 1220 Boise, ID 83702

(2) Identify (providing names and mailing addresses):

(i) Every county in which any part of the project and any Federal facilities that would be used by the project would be located:

The Project, located in Carbon County, is a proposed new pumped storage development that will use the U.S. Bureau of Reclamation’s existing Seminoe Reservoir as the lower reservoir and will occupy Federal lands administered by the U.S. Bureau of Land Management and the U.S. Bureau of Reclamation

Carbon County County Clerk / Recorder 415 W. Pine St. Rawlins, WY 83201

U.S. Bureau of Reclamation Area Office 705 Pendell Blvd. Mills, WY 82644

U.S. Bureau of Land Management 1300 North Third Street Rawlins, WY 82301-2407

(ii) Every city, town, or similar local subdivision:

(A) In which any part of the project, and any Federal facilities that would be used by the project, would be located:

The Project and any Federal facilities that would be used by the Project are not located in any cities, towns, or similar subdivisions

(B) That has a population of 5,000 or more people and is located within 15 miles of the Project Dam:

There are no cities, towns, or similar subdivisions of a population of 5,000 people or more within a 15-mile radius of the Project Dam.

(iii) Every irrigation district, drainage district, or similar special purpose political subdivision:

January 2023 | IS-3
Final License Application - Initial Statement Seminoe Pumped Storage Project

(A) In which any part of the project, and any Federal facilities that would be used by the project, would be located:

Casper Alcova Irrigation District 755 Connie St. Mills, WY 82644

The Applicant is not aware of any additional drainage districts or other special purpose political subdivisions in the immediate vicinity of the Project.

(B) That owns, operates, maintains, or uses any project facilities or any Federal facilities that would be used by the project:

There are no known irrigation districts, drainage districts, or other special purpose political subdivisions that own, operate, maintain, or use any Project facilities or any Federal facilities that would be used by the Project.

(iv) Every other political subdivision in the general area of the project that there is reason to believe would likely be interested in, or affected by, the application:

State Parks, Historic Sites & Trails 2301 Central Avenue Cheyenne, WY 82002

Wyoming Game & Fish Department 5400 Bishop Boulevard Cheyenne, WY 82006

(v) All Indian tribes that may be affected by the project:

There are no tribal lands located within or adjacent to the proposed FERC Project Boundary. The listing below includes Tribes that may have an interest in the Project:

Arapahoe Business Committee

P.O. Box 396 Fort Washakie, WY 82514

Shoshone Business Committee

P.O. Box 217 Fort Washakie, WY 82514

(3) For a license (other than a license under section 15 of the Federal Power Act) state that the applicant has made, either at the time of or before filing the application, a good faith effort to give notification by certified mail of the application to:

(A) Every property owner of record of any interest in the property within the bounds of the project, in the case of the project without a specific boundary, each such owner of property which would underlie or be adjacent to any project works including any impoundments;

January 2023 | IS-4
Final License Application - Initial Statement Seminoe Pumped Storage Project

Final License Application - Initial Statement

Seminoe Pumped Storage Project

Concurrent with the filing of this Final License Application, Black Canyon is providing notice to every owner of any property interest in the land included in the FERC Project Boundary notification by certified mail of the availability of the application.

(B) The entities identified in paragraph (a)(2) of this section, as well as any other Federal, state, municipal or other local government agencies that there is reason to believe would likely be interested in or affected by such application.

With the filing of this Final License Application, Black Canyon is providing notice to all the entities identified in paragraph (a)(2) above of the availability of the application. Black Canyon is not aware of any additional Federal, state, municipal, or other local government agencies besides those listed above that would likely be interested in or affected by this application.

January 2023 | IS-5
Seminoe Pumped Storage Project (FERC Project No. 14787) Final License Application Black
Hydro, LLC January 2023
Canyon

Seminoe Pumped Storage Project (FERC Project No. 14787)

Final License Application

Contents

Initial Statement

Exhibit A – Description of the Project

Exhibit B – Statement of Project Operation and Resource Utilization

Exhibit C – Project Schedule

Exhibit D – Project Cost and Financing

Exhibit E – Environmental Report

Exhibit F – General Design Drawings and Supporting Information (Public and CUI//CEII versions)

Exhibit G – Project Maps

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