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NOTICE: ANNOUNCEMENT OF AVAILABILITY OF DRAFT PERMIT

| May 12, 2010 9:00 PM

PERMIT NO.: ST-8121

APPLICANT: REC Solar Grade Silicon, LLC.

3322 Road "N" NE

Moses Lake, WA 98837

FACILITY: REC Solar Grade Silicon

Moses Lake Facility

REC Solar Grade Silicon, LLC (REC) has applied for a State Waste Discharge Permit (SWDP) in accordance with the provisions of Chapter 90.48 Revised Code of Washington (RCW), Chapter 173-220 Washington Administrative Code (WAC), and the Federal Clean Water Act.

REC owns and operates a high purity polysilicon production plant in Moses Lake, Washington. The facility currently discharges process wastewater from the operations to the City of Moses Lake, Sand Dunes Treatment Plant (low chloride process wastewater); and other process wastewaters to lined evaporation ponds (high chloride and high sodium, high silicate wastestreams).

REC previously discharged non-contact cooling water to irrigation return drain DE-226. REC submitted an application to discharge the non-contact cooling water to a 125 acre land application site, with seasonal storage using a 60 million gallon lined pond. REC no longer discharges to the irrigation return drain. REC has also submitted an application for a proposed increase in the low chloride wastewater discharged to the City of Moses Lake, Sand Dunes Treatment Plant from the Plant 4.0 expansion.

Following evaluation of the applications and other available information, a draft permit has been developed which would allow the facility to discharge process wastewater to the City of Moses Lake, Sand Dunes Treatment Plant; and non-contact cooling water to the land application site.

A tentative determination has been made on the effluent limitations and special permit conditions that will prevent and control pollution. A final determination will not be made until all timely comments received in response to this notice have been evaluated.

PUBLIC COMMENT AND INFORMATION

The draft permit and fact sheet may be viewed at the Department of Ecology (Department) website at http://www.ecy.wa.gov/programs/wq/permits/eastern_permits.html. The application, fact sheet, proposed permit, and other related documents are also available at the Department's Eastern Regional Office for inspection and copying between the hours of 8:00 a.m. and 5:00 p.m., weekdays. To obtain a copy or to arrange to view copies please contact the Permit Coordinator at (509) 329-3455, by e-mail at stra461@ecy.wa.gov or by writing to the address below.

Interested persons are invited to submit written comments regarding the proposed permit. All comments must be submitted within 30 days after publication of this notice to be considered for the final determination. Comments should be received by our office no later than June 11, 2010 to:

Permit Coordinator

Department of Ecology

4601 N. Monroe Street

Spokane, WA 99205

Any interested party may request a public hearing on the proposed permit within 30 days of the publication date of this notice. The request for a hearing shall state the interest of the party and the reasons why a hearing is necessary. The request should be sent to the above address. The Department will hold a hearing if it determines that there is significant public interest. If a hearing is to be held, public notice will be published at least 30 days in advance of the hearing date. Any party responding to this notice with comments will be mailed a copy of a hearing public notice.

Please bring this public notice to the attention of persons who you know would be interested in this matter. Ecology is an equal opportunity agency. If you need this publication in an alternate format, please contact us at (509) 329-3455 or TTY (for the speech and hearing impaired) at 711 or 1-800-833-6388.

#05031/995462

Pub.: May 12, 2010

DETERMINATION OF NONSIGNIFICANCE

RCW 197-11-970

DESCRIPTION OF PROPOSAL:

Desert Aire Vehicle Barrier - The proposed project is intended to prohibit unauthorized vehicle use on Grant PUD owned lands by installing approximately 120 large rock boulders weighing 700 to 2000 pounds each placed 5 to 6 feet apart. Grant PUD will also install three removable locking bollards along the proposed Desert Aire/Mattawa Trail alignment (to be constructed in 2012).

PROPONENT: Public Utility District No. 2 of Grant County

LOCATION OF PROPOSAL, INCLUDING STREET ADDRESS, IF ANY:

Desert Aire, Grant County, Washington - From the intersection of State Highway 243 and Orchard Drive, head west on Orchard Drive for 0.4 miles where the road turns northwest. From the bend in the road, the project location is due south of Orchard Drive in the desert sagebrush steppe habitat in Sections 26 & 35, Township 14 North, and Range 23 E, W.M., Grant County, Washington.

LEAD AGENCY: Public Utility District No. 2 of Grant County

o There is no comment period for this DNS.

X This DNS is issued under 197-11-340(2); the lead agency will not act on this proposal for 14 days from the date below. Comments must be submitted by May 25, 2010.

Responsible official: Mr. Brad Harshman

Position/title: Lands/Recreation Technician

Phone: (509)754-5088, Ext. 3188

Address: PO Box 878

30 C St. SW

Ephrata, WA 98823

Date:_____________________Signature:_______________________________

J. Darrell Pock, Project Specialist III

X You may appeal this determination to (name):

Brad Harshman or J. Darrell Pock

at (location): Ephrata, WA 98823

phone: (509)754-5088 Ext. 3188 or 2151

no later than (date): May 25, 2010

by (method): In Writing

You should be prepared to make specific factual objections.

Contact the Grant County PUD, Fish and Wildlife Department, 509-754-5098 to read or ask about the procedures for SEPA appeals.

_There is no agency appeal.

#05033/995481

Pub.: May 12 & 19, 2010