The following transaction was entered on 6/11/2024 at 11:33 AM PDT and filed on 6/11/2024
| Case Name: | White v. Coffman et al |
| Case Number: | 3:24-cv-00755-JR |
| Filer: | David White |
| Document Number: | 53 |
| ECF 53 |
Docket Text:
Motion PLAINTIFF RESPONSE TO JURISDICTION. Filed by David White. (White, David)
Email sent to clients attorneys.
I filed a complaint against defendants with the Army Corp of Engineers Regulatory section. They know your clients have no permit for what they are doing. They should have applied for the required section 404 permit two years ago. I applied for one to rebuild the dams. You client therefore can’t apply until after mine is decided.
Email sent to Defendants (Klamath River Renewal and RES) attorneys after I submitted this ECF 51.
Your clients have zero legal right to do anything with the Klamath river dams.
Also, the required section 404 permit (paragraph, page 15) was not applied
for or received in:
181 FERC ¶ 61,122
UNITED STATES OF AMERICA
FEDERAL ENERGY REGULATORY COMMISSION
Before Commissioners: Richard Glick, Chairman;
James P. Danly, Allison Clements,
Mark C. Christie, and Willie L. Phillips.
| PacifiCorp Klamath River Renewal Corporation State of Oregon State of California | Project Nos. | 2082-063 14803-001 |
Order MODIFYING AND APPROVING Surrender of License and
REMOVAL OF PROJECT FACILITIES
Page 15 Section 3. The Corps’ Section 404 Permit
Section 404 of the CWA requires authorization from the Secretary of the
Army, acting through the Corps, for the discharge of dredged or fill
material into all waters of the United States, including wetlands. The
Renewal Corporation has applied to the Corps for a permit that would
authorize the placement of approximately 212,000 cubic yards of
permanent or temporary fill material within 20 acres of jurisdictional waters
in the Klamath River. The Renewal Corporation’s section 404 permit
application remains under the Corps’ consideration. Pursuant to Ordering
Paragraph (K), land-disturbing activities subject to the Corps’ jurisdiction
under CWA section 404 may not begin until the Corps has issued a
permit authorizing such activities.
This “The Renewal Corporation’s section 404 permit application remains
under the Corps’ consideration) is 18 U.S.C. § 1001 False Statements,
Concealment.
No such section 404 permit application has been filed with the Army Corps
of Engineers. This is a well-documented case fact with proof below.
Email from CESPN-RG-Info <CESPN-RG-Info@usace.army.mil>
Dear Mr. White,
You may view Pending and Final Individual Permits issued by this Office
using our USACE Jurisdictional Determinations and Permit Decisions Web
viewer (https://permits.ops.usace.army.mil/orm-public). The project you’re
looking is likely the green dot northeast of Yreka. We recommend
reaching out to the Klamath River Renewal Corporation regarding any
permits issued to them.
If you would like to request copies of our records related to specific permit
actions, you are welcome to do so through our FOIA process. Unlike other
agencies, FOIA requests are made directly to the District and usually have
a quick turnaround. To access instructions, please visit the San Francisco
District’s FOIA webpage at
https://www.spn.usace.army.mil/Library/Freedom-of-Information-Act/. The
webpage provides instructions and examples to walk you through the FOIA
process. The three key items to include in your electronic FOIA request
would be:
1) a subject line reading “Freedom of Information Act Request;”
2) a description of the records providing sufficient detail to allow the FOIA
office to locate them with a reasonable amount of effort; and 3) a statement
that you are willing to pay the applicable fees. The request should be sent
to San Francisco District’s FOIA Coordinator, Cassidy Holmes.
USACE, San Francisco District
450 Golden Gate Ave., 4th Flr.
San Francisco, California 94102-3404
415-503-6813
Plaintiff, following Court protocol sent D23LC a Discovery email about an
Army Corps of Engineers section 404 permit! No response to date from
Defendants through D23LC about this.
In short, Defendants don’t have a Section 404 or 408 Permit from army
Corp of Engineers!
Even searching all Districts and all years there exists no Section 404
permit or pending application for Klamath River Dam Removal.
By contrast, Plaintiff has submitted a Section 404 application to put five
salmon protection devices on the Bonneville Dam’s fish ladders which will
restore the Columbia River salmon runs within seven years. Our funding
from OWEB and NOAA fisheries is under review.
This section 404 was applied for on 1/3/2024 and has not yet been
approved. Defendants haven’t even filed an application!
Our Injunction and complaint to stop the removal of Klamath River dams in Oregon and California was sent to Cindy Crane of PacifiCorp on 2/25/2024. Everyone please call 1-888-221-7070 and say no rate increases. Memorandum of points filed debunking the FERC document. Discovery and pretrial order signed by federal judge.