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LEGALS
Notice: The Sylva Herald doesn't guarantee any information contained within the classifieds section. Some classifieds may contain inaccurate information that was provided to us by customer. You should independently verify any listing that might be of question. We are not held liable/responsible for any typographical errors.
NOTICE OF PUBLIC HEARING
The Village of Forest Hills Council will hold their regularly scheduled Council Meeting on Monday, November 8, 2004 at 7:00 p.m. at the Jackson County Recreation Center, Cullowhee.
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NOTICE TO CREDITORS
All persons, firms and corporations having claims against Francile Keith Waters, Deceased, of Columbia County, Arkansas are notified to present their claims to the below-named Ancillary Executrix on or before January 14, 2005, or this Notice will be pleaded in bar of their recovery. Debtors of the decedent are requested to make immediate payment to the undersigned. This the14th day of October, 2004.
Sandra H. Keith, Ancillary Executrix
c/o Thomas R. Crawford, Esquire
Coward Hicks & Siler, P.A.
705 West Main Street
Sylva, NC 28779
29-32
NOTICE
The Dillsboro Planning Board will meet November 9th at the Dillsboro Town Hall at 7 P.M. Interested parties are invited to attend.
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NOTICE TO CREDITORS
Having qualified as Executrix of the Estate of Amanda M. Crowe, deceased, late of Jackson County, North Carolina, this is to notify all persons having claims against the said estate to present such claims to the undersigned at 705 W. Main, Sylva, N/C 28779, on or before the 21st day of January, 2005, or this notice will be pleaded in bar of their recovery. All persons indebted to the said estate will please make immediate payment.
This the 21st day of October, 2004.
Doris M. Coulter, Executrix
c/o J.K. Coward, Jr., Attorney
705 West Main Street
Sylva, NC 28779
30-33
IN THE GENERAL COURT OF JUSTICE
OF NORTH CAROLINA
SUPERIOR COURT DIVISION
JACKSON COUNTY
04SP91
IN THE MATTER OF THE FORECLOSURE OF A DEED OF TRUST EXECUTED BY GARY L. BILLER AND ANNETTE BILLER DATED OCTOBER 17, 2003 AND RECORDED IN BOOK 1385 AT PAGE 366 IN THE JACKSON COUNTY PUBLIC REGISTRY, NORTH CAROLINA
NOTICE OF SALE
Pursuant to an order of the Clerk of Superior Court and under and by virtue of the power and authority contained in the above-referenced deed of trust and because of default in the payment of the indebtedness thereby secured and failure to carry out and perform the stipulation and agreements therein contained and, pursuant to demand of the owner and holder of the indebtedness secured by said deed of trust, the undersigned substitute trustee will expose for sale at public auction to the highest bidder for cash at the usual place of sale at the county courthouse of said county at 10:00 AM on November 18, 2004 the following described real estate and any other improvements which may be situated thereon, situated in Jackson County, North Carolina, and being more particularly described as follows:
BEING all of the same lands and other real property interests conveyed to Borrower by deed dated June 4, 1986, recorded in Book 634, Page 57, Jackson County Registry, and described therein as follows:
"BEGINNING at a new iron pipe located S. 9-10 W. 1169.2 feet from an 8 inch Hickory, the beginning corner of a 50 acre tract of land in Book 90, page 568, and runs S. 10-43 E. 233.33 feet to a new iron pipe; thence S. 63-21 E. 49.91 feet to a new iron pipe; thence S. 77-56 E. 206.33 feet to a new iron pipe; thence N. 12-44 W. 178.56 feet to a new iron pipe; thence N. 15-41 W. 196.77 feet to a 22 inch Northern Red Oak (Double); thence N. 70-44 W. 235.63 feet to a new iron pipe; thence S. 9-47 E. 148.75 feet to the BEGINNING, containing 1.91 'acres, more or less, as surveyed by L. Stephen Foster, R. L. S., on 25 July, 1977.
"Together with a 30 foot road right-of-way the center line of which runs as follows: Beginning at a point located S. 10-43 E. 15 feet from the beginning corner of said 1.91 acre tract of land, and runs N. 64-00 W. 50.00 feet, and S. 81-34 W. 191.54 feet to the center of State Road 1149, for ingress, egress and regress.
"Subject to the exception and reservation by Zeb Buchanan (widower) of the right to use the existing farm road crossing the above-conveyed lands, for ingress, egress and regress, set forth more particularly ain (sic) Book 474, Page 610, Jackson County Registry, to which reference is specifically made."
TOGETHER WITH all appurtenances and SUBJECT TO all restrictions, reservations and exceptions contained in the above-referenced deed and the instruments referenced therein.
And Being more commonly known as: 407 Zeb Buchanan Road, Cullowhee, NC 28723
The record owner(s) of the property, as reflected on the records of the Register of Deeds, is/are Gary L. Biller and Annette Biller.
The property to be offered pursuant to this notice of sale is being offered for sale, transfer and conveyance "AS IS, WHERE IS" Neither the Trustee nor the holder of the note secured by the deed of trust/security agreement, or both, being foreclosed, nor the officers, directors, attorneys, employees, agents or authorized representative of either Trustee or the holder of the note make any representation or warranty relating to the title or any physical, environmental, health or safety conditions existing in, on, at or relating to the property being offered for sale, and any and all responsibilities or liabilities arising out of or in any way relating to any such condition expressly are disclaimed. This sale is made subject to all prior liens and encumbrances, and unpaid taxes and assessments including but not limited to any transfer tax associated with the foreclosure, for paying, if any. A deposit of five percent (5%) of the amount of the bid or seven hundred fifty dollars ($750.00), whichever is greater, is required and must be tendered in the form of certified funds at the time of the sale. This sale will be held open ten days for upset bids as required by law. Following the expiration of the statutory upset period, all remaining amounts are immediately due and owing.
The date of this Notice is October 28, 2004.
Elizabeth B. Ells or David W. Neill
Substitute Trustee
8520 Cliff Cameron Drive
Suite 300
Charlotte, NC 28269
(704) 333-8107
04-63167
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STATE OF NORTH CAROLINA
UTILITIES COMMISSION
RALEIGH
DOCKET NO. E-100, SUB 100
BEFORE THE NORTH CAROLINA
UTILITIES COMMISSION
In the Matter of Biennial Determination of Avoided Cost Rates for Electric Utility Purchases from Qualifying Facilities - 2004
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the North Carolina Utilities Commission has scheduled a public hearing in this docket which will commence on Tuesday, January 25, 2005, at 9:30 a.m., in Commission Hearing Room 2115, Dobbs Building, 430 North Salisbury Street, Raleigh, North Carolina, for the purpose of taking nonexpert public witness testimony as a part of its 2004 biennial determination of avoided cost rates for purchases of electricity by the electric utilities who are parties to this docket from qualifying cogeneration and small power production facilities. The electric utilities who are parties to this docket are Carolina Power & Light Company d/b/a Progress Energy Carolinas, Inc. (Progress), Duke Power, a Division of Duke Energy Corporation (Duke), Virginia Electric and Power Company d/b/a Dominion North Carolina Power (NC Power), and Western Carolina University (WCU).
The Public Utility Regulatory Policies Act of 1978 (PURPA) requires electric utilities to offer to purchase electric energy from cogeneration and small power production facilities which obtain qualifying status under PURPA. The rates for such purchases shall be set by the state regulatory authority, shall be just and reasonable to the rate payers of the electric utility and in the public interest, shall not discriminate against qualifying cogenerators or qualifying small power producers, and shall not exceed the incremental cost to the electric utility of acquiring alternative electric energy. As a part of its responsibility in these matters, the North Carolina Utilities Commission determines on a biennial basis the avoided cost rates and conditions for the purchase of electricity by electric utilities from qualifying cogeneration and small power production facilities in North Carolina.
In addition to the requirements of PURPA, North Carolina General Statute (G.S.) § 62-156 requires the North Carolina Utilities Commission to determine the rates and contract terms to be observed by electric utilities in purchasing power from small power producers as defined in G.S. § 62-3(27a). The rates established pursuant to G.S. § 62-156 shall not exceed, over the term of the purchase power contract, the incremental cost to the electric utility of the electric energy which, but for the purchase from a small power producer, the utility would generate or purchase from another source.
The purpose of the hearing cited in this Notice is to consider revision of the avoided cost rates and contract terms previously set by the Utilities Commission for the purchase of electricity by the electric utilities who are parties to this proceeding from qualifying cogeneration and small power production facilities in North Carolina.
The Public Staff is required by statute to represent the using and consuming public in proceedings before the Commission. Written statements to the Public Staff should include any information which the writer wishes to be considered by the Public Staff in its investigation of the matter, and such statements should be addressed to Mr. Robert P. Gruber, Executive Director, Public Staff - North Carolina Utilities Commission, 4326 Mail Service Center, Raleigh, North Carolina 27699-4326.
The Attorney General is also authorized by statute to represent consumers in proceedings before the Commission. Statements to the Attorney General should be addressed to The Honorable Roy Cooper, Attorney General of North Carolina, do Utilities Section, Post Office Box 629, Raleigh, North Carolina 27602-0629.
Written statements are not evidence unless those persons appear at a public hearing and testify concerning the information contained in their written statements.
Any person desiring to intervene in the matter as a formal party of record should file a motion under Commission Rules RI-6, RI-7, and RI-19 no later than Tuesday, January 4, 2005. All such motions should be filed with the Chief Clerk of the North Carolina Utilities Commission, 4325 Mail Service Center, Raleigh, North Carolina 276994325. The comments and exhibits to be presented in this proceeding by formal parties other than Progress, Duke, NC Power, and WCU must be filed with the Commission no later than Tuesday, January 4, 2005.
ISSUED BY ORDER OF THE COMMISSION.
This the 9th day of June, 2004.
NORTH CAROLINA UTILITIES
COMMISSION
Gail L. Mount, Deputy Clerk
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UNITED STATES OF AMERICA
FEDERAL ENERGY REGULATORY COMMISSION
Duke Power P-2698-033, P-2686-032,
P-2602-007
NOTICE OF INTENT TO PREPARE AN ENVIRONMENTAL ASSESSMENT
AND NOTICE OF SCOPING MEETINGS AND SITE VISITS AND SOLICITING SCOPING COMMENTS
October 29, 2004
Take notice that the following hydroelectric applications have been filed with the Commission and are available for public inspection:
a. Type of Applications: 2 New Major Licenses and 1 Surrender of License
b. Project Nos.: 2698-033, 2686-032, and 2602-007
c. Dates filed: July 22, 2003 and June 1, 2004
d. Applicant: Duke Power
e. Names of Projects: East Fork Hydroelectric Project No. 2698-033;West Fork Hydroelectric Project No. 2686-032; and Dillsboro Hydroelectric Project No. 2602-007
f. Location: On the Tuckasegee River, in Jackson County, North Carolina. There are 23.15 acres of United States Forest Service land (Nantahala National Forest) within the East Fork Project boundary. Neither the West Fork Project nor the Dillsboro Project affects any federal lands.
g. Filed Pursuant to: Federal Power Act, 16 USC §§791(a) - 825(r).
h. Applicant Contact: John C. Wishon, Nantahala Area Relicensing Project Manager, Duke Power, 301 NP&L Loop, Franklin, NC 28734, (828) 369-4604, jcwishon@duke-energy.com
i. FERC Contact: Carolyn Holsopple, (202) 502-6407 or carolyn.holsopple@ ferc.gov
j. Deadline for filing scoping comments: January 10, 2005
All documents (original and eight copies) should be filed with: Magalie R. Salas, Secretary, Federal Energy Regulatory Commission, 888 First Street, NE, Washington, DC 20426.
The Commission's Rules of Practice and Procedure require all intervenors filing documents with the Commission to serve a copy of that document on each person on the official service list for the project. Further, if an intervenor files comments or documents with the Commission relating to the merits of an issue that may affect the responsibilities of a particular resource agency, they must also serve a copy of the document on that resource agency.
Scoping comments may be filed electronically via the Internet in lieu of paper. The Commission strongly encourages electronic filings. See 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's web site (http://www.ferc.gov) under the "e-Filing" link.
k. These applications are not ready for environmental analysis at this time.
l. The existing East Fork Project operates in a peaking mode and is comprised of three developments: Cedar Cliff, Bear Creek and Tennessee Creek. The Cedar Cliff development consists of the following features: (1) a 590-foot-long, 173-foot-high earth core and rockfill dam (Cedar Cliff Dam); (2) a service spillway excavated in rock at the right abutment; (3) a 221-foot-long emergency spillway located at the left abutment; (4) a 121-acre reservoir, with a normal reservoir elevation of 2,330 National Geodetic Vertical Datum (NGVD) and a storage capacity of 6,200 acre-feet; (5) a concrete powerhouse containing one generating unit having an installed capacity of 6.1 megawatts (MW); and (6) appurtenant facilities.
The Bear Creek development consists of the following features: (1) a 760-foot-long, 215-foot-high earth core and rockfill dam (Bear Creek Dam); (2) a spillway on the right abutment; (3) a 473-acre reservoir, with a normal reservoir elevation of 2,560 feet NGVD and a storage capacity of 34,650 acre-feet; (4) a concrete powerhouse containing one generating unit having an installed capacity of 8.2 MW; and (5) appurtenant facilities.
The Tennessee development consists of the following features: (1) a 385-foot-long, 140-foot-high earth core and rockfill dam (Tanasee Creek Dam) with a 225-foot-long, 15-foot-high earth and rockfill saddle dam located 600 feet south of the Tanasee Creek Dam left abutment; (2) a spillway located in a channel excavated in the right abutment; (3) a 810-foot-long, 175-foot-high earth core and rockfill dam (Wolf Creek Dam); (4) a spillway located in a channel excavated in the right abutment; (5) a 40-acre reservoir (Tanasee Creek Lake), with a normal reservoir elevation of 3,080 feet NGVD and a storage capacity of 1,340 acre-feet; (6) a 176-acre reservoir (Wolf Creek Lake), with a normal reservoir elevation of 3,080 feet National Geodetic Vertical Datum and a storage capacity of 10,040-acre-feet; (7) a concrete powerhouse containing one generating unit having an installed capacity of 8.75 MW.
The existing West Fork Project operates in a peaking mode and is comprised of two developments: Thorpe and Tuckasegee. The Thorpe development consists of the following features: (1) a 900-foot-long, 150-foot-high rockfill dam (Glenville Dam), with a 410-foot-long, 122-foot-high earth and rockfill saddle dam located approximately 500 feet from the main dam left abutment; (2) a spillway for Glenville Dam located at the right abutment; (3) a 1,462-acre reservoir, with a normal reservoir elevation of 3,491.8 feet NGVD and a storage capacity of 72,000 acre-feet; (4) a concrete and brick powerhouse containing one generating unit having an installed capacity of 15.5 megawatts (MW); and (5) appurtenant facilities.
The Tuckasegee development consists of the following features: (1) a 254-foot-long, 61-foot-high concrete arch dam (Tuckasegee Dam), with 24 steel flashboards; (2) a 233.5-foot-long spillway; (3) a 7.9-acre reservoir, with a normal reservoir elevation of 2,778.75 feet NGVD and a storage capacity of 35 acre-feet; (4) a concrete powerhouse containing one generating unit having an installed capacity of 2.6 MW; and (5) appurtenant facilities.
The existing Dillsboro Project operates in a run-of-river mode, within a 6-inch tolerance band. Project operation is dependent on available flow in the Tuckasegee River, which is dependent on Duke Power's East Fork and West Fork Tuckasegee River projects. The Dillsboro Project consists of the following features: (1) a 310-foot-long, 12-foot-high concrete masonry dam, consisting of, from left to right facing downstream, (a) a concrete, non-overflow section, (b) a 14-foot-long uncontrolled spillway section, (c) a 20-foot-long spillway section with two 6-foot-wide spill gates, (d) a 197-foot-long uncontrolled spillway section, (e) a 64.5-foot-long powerhouse, (f) an 80-foot-long intake section, and (g) a concrete, non-overflow section; (2) a 0.8-mile-long, 15-acre impoundment at elevation 1972.00 msl; (3) two intake bays, each consisting of a reinforced concrete flume and grated trashracks having a clear bar spacing varying from 2.0 to 3.38 inches; (4) a powerhouse containing two turbine/generating units (vertical Francis and Leffel Type-Z turbines), having an installed capacity of 225 kW; (5) a switchyard, with three single-phased transformers; and (6) appurtenant facilities.
Duke Power filed an application to surrender its major license for the Dillsboro Hydroelectric Project. Duke requests that the Commission approve the following: (1) Continue operating the Dillsboro Project under the terms of the current license until dam removal begins; (2) Decommission the dam and powerhouse and complete dam removal and powerhouse closure/removal within three years following the final FERC approval order; (3) Prepare and obtain FERC approval of, and implement an environmental monitoring plan in association with the dam removal, including completion of the Duke implemented portions of any post-removal stream restoration and annual monitoring within two years following completion of the dam removal. Also included in the surrender application was the Tuckasegee/Nantahala Settlement Agreements which were filed on January 26, 2004 as part of the relicense applications for the East Fork (P-2698), West Fork (P-2686), and Nantahala (P-2692) Hydroelectric Projects. The settlement agreements provide various environmental enhancement measures, which include the removal of the Dillsboro Dam and Powerhouse.
m. Copies of the applications are available for review at the Commission in the Public Reference Room or may be viewed on the Commission's website at http://www.ferc.gov using the "eLibrary" link. Enter the docket number excluding the last three digits in the docket number field to access the document. For assistance, contact FERC Online Support at FERCOnlineSupport@ferc.gov or toll-free at 1-866-208-3676, or for TTY, 1-202-502-8659. Copies are also available for inspection and reproduction at the address in item h above.
You may also register online at http://www.ferc.gov/esuscribenow.htm to be notified via e-mail of new filings and issuances related to these or other pending projects. For assistance, contact FERC Online Support.
n. Scoping Process: The Commission intends to prepare a single, combined Environmental Assessment (EA) for the proposed projects in accordance with the National Environmental Policy Act. The EA will consider both site-specific and cumulative environmental impacts and reasonable alternatives to the proposed action.
Site Visits: Duke Power and the Commission staff will conduct project site visits on December 8 (East Fork) and December 9 (West Fork), 2004. We will meet at the Jackson County Justice and Administration Building and will then proceed to the Power Plants. Site visitors will be responsible for their own transportation. We will not be conducting a Dillsboro Hydroelectric Project site visit as one was held in February 2004. Anyone with questions regarding the site visits should contact Mr. John C. Wishon of Duke Power at (828) 369-4604. The times and locations of these site visits are as follows:
East Fork Site Visit
Date: Wednesday, December 8, 2004
Time: 9:00 AM – 12:00 PM
Place: Jackson County Justice and Administration Building
Address: 401 Grindstaff Cove Road; Sylva, NC 28779
West Fork Site Visit
Date: Thursday, December 9, 2004
Time: 9:00 AM – 12:00 PM
Place: Jackson County Justice and Administration Building
Address: 401 Grindstaff Cove Road; Sylva, NC 28779
Scoping Meetings: Commission staff will conduct four public scoping meetings in the project area to solicit comments and viewpoints the public may wish to offer concerning project effects associated with the East Fork and West Fork Hydroelectric Projects and the Dillsboro Surrender. Two afternoon meetings (one for East Fork/Dillsboro and one for West Fork/Dillsboro) will focus on resource agency concerns and two evening meetings (one for East Fork/Dillsboro and one for West Fork/Dillsboro) will focus on input from the public. All interested individuals, organizations, Indian tribes, and agencies are invited to attend any or all of the meetings, and to assist the staff in identifying the scope of the environmental issues that should be analyzed in the EA. The times and locations of these meetings are as follows:
East Fork/Dillsboro Agency Scoping Meeting
Date: Wednesday December 8, 2004
Time: 2:00 PM – 4:00 PM
Place: Jackson County Justice and Administration Building Courtroom # 2, 2nd Floor
Address: 401 Grindstaff Cove Road; Sylva, NC 28779
East Fork/Dillsboro Public Scoping Meeting
Date: Wednesday December 8, 2004
Time: 6:00 PM – 9:00 PM
Place: Jackson County Justice and Administration Building Courtroom # 2, 2nd Floor
Address: 401 Grindstaff Cove Road; Sylva, NC 28779
West Fork/Dillsboro Agency Scoping Meeting
Date:Thursday December 9, 2004
Time:2:00 PM – 4:00 PM
Place: Jackson County Justice and Administration Building
Courtroom # 2, 2nd Floor
Address: 401 Grindstaff Cove Road; Sylva, NC 28779
West Fork/Dillsboro Public Scoping Meeting
Date: Thursday December 9, 2004
Time: 6:00 PM – 9:00 PM
Place: Jackson County Justice and Administration Building
Courtroom # 2, 2nd Floor
Address: 401 Grindstaff Cove Road; Sylva, NC 28779
Copies of the Scoping Document (SD1) outlining the subject areas to be addressed in the EA are being distributed to the parties on the Commission's mailing list. Copies of the SD1 will be available at the scoping meetings or may be viewed on the web at http://www.ferc.gov using the "eLibrary" link [see item (m) above]. These meetings are posted on the Commission's calendar located on the internet at http://www.ferc.gov/ EventCalendar/ EventsList.aspx along with other related information.
Objectives:
At the scoping meetings, staff will: (1) summarize the environmental issues tentatively identified for analysis in the EA; (2) solicit from the meeting participants all available information, especially empirical data, on the resources at issue; (3) encourage statements from experts and participants on issues that should be analyzed in the EA, including viewpoints in opposition to, or in support of, the staff's preliminary views; (4) determine the resource issues to be addressed in the EA; and (5) identify those issues that do not require a detailed analysis.
Procedures:
The meetings will be recorded by a stenographer and become part of the formal record of the Commission proceeding on the project.
Individuals, organizations, agencies, and Indian tribes with environmental expertise and concerns are encouraged to attend the meetings and to assist Commission staff in defining and clarifying the issues to be addressed in the EA.
Magalie R. Salas, Secretary
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