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FERC Issues Order Issuing Original License re Antrim Treatment Trust's Antrim Micro-Hydropower Project Under P-14537(Targeted News Service Via Acquire Media NewsEdge) WASHINGTON, Sept. 3 -- The U.S. Department of Energy's Federal Energy Regulatory Commission issued the text of the following delegated order: Antrim Treatment Trust Project No. 14537-001 ORDER ISSUING ORIGINAL LICENSE (September 3, 2014) INTRODUCTION 1. On December 12, 2013, Antrim Treatment Trust (Antrim Trust) filed, pursuant to Part I of the Federal Power Act (FPA), an application for an original license to construct, operate, and maintain its proposed Antrim Micro-Hydropower Project No. 14537 (Antrim Project or project). The proposed 40-kilowatt (kW) project will be located on an unnamed tributary to Bridge Run in Duncan Township, Tioga County, Pennsylvania. The project will not occupy federal land. As discussed below, this order issues an original minor license for the project. BACKGROUND 2. On February 20, 2014, the Commission issued a public notice that was published in the Federal Register accepting the application for filing; soliciting motions to intervene and protests; indicating the application was ready for environmental analysis; and soliciting comments, recommendations, terms and conditions, and prescriptions. The notice set April 21, 2014, as the deadline for filing motions to intervene, protests, comments, recommendations, terms and conditions, and prescriptions. The notice indicated that Commission staff intended to waive scoping because the issues to be addressed in the Environmental Assessment had been adequately identified during pre-filing consultation on the application, and no new issues were likely to be identified through additional scoping. The U.S. Department of the Interior (Interior) filed a response to the notice on April 18, 2014 stating it had no comments on the application. No other comments or recommendations were received. 3. Commission staff prepared an environmental assessment (EA) on the application which is attached to this order. The EA's recommendations have been fully considered in determining whether, and under what conditions, to issue this license. PROJECT DESCRIPTION 4. The Antrim Micro-Hydropower Project will operate using mine drainage collected in a pond at the base of an abandoned mine. The mine drainage is treated at the Antrim Treatment Plant and discharged to an unnamed tributary to Bridge Run. Antrim Trust currently operates an unlicensed, non-jurisdictional, off-grid hydropower project at this site with a single turbine using a portion of the treated water. Antrim Trust proposes to bring a second identical turbine (currently in place but non-operational) online by installing additional indoor wiring with appurtenances within the existing powerhouse and Antrim Treatment Plant, and operate both turbines as a grid-connected project using the treated and/or untreated water. 5. The project consists of: (1) a 0.25-acre-foot collection pond; (2) a 12-inch-diameter, 435-foot-long polyvinyl chloride (PVC) pipe that conveys raw water from the collection pond to a 60-foot-diameter concrete clarifier with a capacity of 33,500 cubic feet in the Antrim Treatment Plant, (3) a 12-inch-diameter, 143-foot-long high-density polyethylene (HDPE) pipe that conveys treated water from the treatment plant to a forebay; (4) a 12-inch-diameter, 155-foot-long HDPE pipe connected to the 12-inch-diameter PVC pipe to bypass raw or untreated water to the forebay during high flow conditions or plant maintenance; (5) a forebay with a net storage capacity of 6,000 cubic feet; (6) an 18-inch-diameter, 972-foot-long penstock from the forebay to the powerhouse; (7) a powerhouse with two identical impulse turbine-generator units with a combined rated capacity of 40 kilowatts; (8) a 75-foot-long tailrace to convey flows from the powerhouse to an unnamed tributary to Bridge Run; (9) a 1,300-foot-long, 460-volt buried transmission line; and (10) appurtenant facilities. 6. The proposed project boundary encloses the above facilities and encompasses the lands necessary for the safe operation and maintenance of the project. 7. The applicant proposes to operate the project in a run-of-river mode (i.e., at any point in time, the combined outflow from the project would approximate inflows to the pond). SUMMARY OF LICENSE REQUIREMENTS 8. As summarized below, this license, which authorizes 40 kW of renewable energy, requires measures to protect aquatic and cultural resources at the project. 9. To protect aquatic resources downstream of the Antrim Treatment Plant, this license requires Antrim Trust to operate the project in a run-of-river mode. 10. To ensure compliance with run-of-river operation, this license requires Antrim Trust to develop an operation compliance monitoring plan. 11. If previously unidentified cultural resources are found during the course of operation and maintenance of project facilities, the license requires Antrim Trust to stop activities related to the discovery, and consult with the Pennsylvania State Historic Preservation Officer (SHPO) to determine appropriate measures for protecting cultural and historic resources. WATER QUALITY CERTIFICATION 12. Under section 401(a)(1) of the Clean Water Act (CWA), the Commission may not issue a license authorizing the construction or operation of a hydroelectric project unless the state water quality certifying agency either has issued water quality certification for the project or has waived certification by failing to act on a request for certification within a reasonable period of time, not to exceed one year. Section 401(d) of the CWA provides that the certification shall become a condition of any federal license that authorizes construction or operation of the project. 13. On March 3, 2014, Antrim Trust applied to the Pennsylvania Department of Environmental Protection (Pennsylvania DEP) for a 401 water quality certification waiver for the proposed Antrim Micro-Hydropower Project. Pennsylvania DEP responded in a letter that was filed with the Commission on March 4, 2014, stating that the project does not require certification, thereby, approving the waiver request. COASTAL ZONE MANAGEMENT ACT 14. Under section 307(c)(3)(A) of the Coastal Zone Management Act (CZMA), the Commission cannot issue a license for a project within or affecting a state's coastal zone unless the state CZMA agency concurs with the license applicant's certification of consistency with the state's CZMA program, or the agency's concurrence is conclusively presumed by its failure to act within six months of its receipt of the applicant's certification. 15. Because the Antrim Project is not located within Pennsylvania's coastal zone and would not affect coastal resources, the Pennsylvania Coastal Resources Management Program (CRM) found that a consistency certification is not required. SECTION 18 FISHWAY PRESCRIPTIONS 16. Section 18 of the FPA provides that the Commission shall require the construction, maintenance, and operation by a licensee of such fishways as may be prescribed by the Secretary of the Interior or Secretary of Commerce, as appropriate. No fishway prescriptions or reservations of authority were filed under section 18 of the FPA. THREATENED AND ENDANGERED SPECIES 17. Section 7(a)(2) of the Endangered Species Act of 1973 requires federal agencies to ensure that their actions are not likely to jeopardize the continued existence of federally listed threatened and endangered species, or result in the destruction or adverse modification of their designated critical habitat. 18. The EA does not identify any federally listed threatened or endangered species or critical habitat that would be affected by the proposed project. Therefore, no further action under the Endangered Species Act is required. NATIONAL HISTORIC PRESERVATION ACT 19. Under section 106 of the National Historic Preservation Act (NHPA) and its implementing regulations, federal agencies must take into account the effect of any proposed undertaking on properties listed or eligible for listing in the National Register of Historic Places (National Register), defined as historic properties, and afford the Advisory Council on Historic Preservation a reasonable opportunity to comment on the undertaking. This generally requires the Commission to consult with the State Historic Preservation Officer (SHPO) to determine whether and how a proposed action may affect historic properties, and to seek ways to avoid or minimize any adverse effects. 20. By letter dated April 19, 2013, and included in the application the Pennsylvania State Historic Preservation Office (Pennsylvania SHPO) states that although there may be historic buildings, structures, and/or archaeological resources located in or near the project area, the activities described in the proposal should have no effect on these resources. The EA finds that no historic properties will be affected by the proposed project, but recommends that Antrim Trust consult with the Pennsylvania SHPO if any new cultural resources are discovered. Article 404 requires this measure. RECOMENDATIONS OF FEDERAL AND STATE FISH AND WILDLIFE AGENCIES PURSUANT TO SECTION 10(j) OF THE FPA 21. Section 10(j)(1) of the FPA requires the Commission, when issuing a license, to include conditions based on recommendations submitted by federal and state fish and wildlife agencies pursuant to the Fish and Wildlife Coordination Act, to "adequately and equitably protect, mitigate damages to, and enhance fish and wildlife (including related spawning grounds and habitat)" affected by the project. Neither FWS nor the Pennsylvania Fish and Boat Commission filed section 10(j) recommendations for the project. SECTION 10(a)(1) OF THE FPA 22. Section (10)(a)(1) of the FPA requires that any project for which the Commission issues a license be best adapted to a comprehensive plan for improving or developing a waterway or waterways for the use or benefit of interstate or foreign commerce; for the improvement and utilization of waterpower development; for the adequate protection, mitigation, and enhancement of fish and wildlife; and for other beneficial public uses, including irrigation, flood control, water supply, recreation, and other purposes. No entity filed 10(a) recommendations with regard to the project. A. Run-of-River Operation 23. The additional hydraulic capacity of the proposed project could increase water level fluctuations in the collection pond or the forebay, and flow fluctuations in the unnamed tributary downstream of the tailrace, and Bridge Run. Antrim Trust proposes to operate the project in a run-of-river mode so that the total outflow from the project approximates the total inflow to the pond. In the EA, staff determines that run-of-river operation would help maintain aquatic habitat in the unnamed tributary and Bridge Run. Article 401 requires Antrim Trust to operate the project to minimize the water level fluctuation of the collection pond so that, at any point in time, the combined outflow is approximately equal to the inflow to the pond. B. Project Operation Compliance Monitoring Plan 24. Antrim Trust proposes to operate the project in a run-of-river mode, but does not propose any method for monitoring compliance with the proposed operation. Monitoring project flows and generation would enable the Commission to verify how flows are being used at the project. To demonstrate compliance, Article 402 requires Antrim Trust to file a project operation compliance monitoring plan, for Commission approval, that specifies: how operating the project in a run-of-river mode will be monitored and verified; the types of monitoring gages to be used, and the methods of calibration and recording for each gage; and procedures for maintaining logs and reporting compliance. EXEMPTION OF THE FERC FORM 80 RECREATION REPORT 25. The FERC Form 80 Recreation Report (Form 80) collects recreation usage data on recreation facilities at projects through the term of their licenses. Since the ZZZZZAntrim Project has little or no potential for recreation facilities, the licensee is exempt from filing the Form 80 during the term of its license (Article 403). ADMINISTRATIVE PROVISIONS A. Annual Charges 26. The Commission collects annual charges from licensees for administration of the FPA. Article 201 provides for the collection of funds for administration of the FPA. Under the regulations currently in effect, projects with authorized installed capacity of less than or equal to 1,500 kW, like this project, would not be assessed an annual charge. B. Exhibit F and G Drawings 27. The Commission requires licensees to file sets of approved project drawings in electronic file format. Ordering Paragraph (C) approves the Exhibit F drawings filed on December 12, 2013. However, drawings F-1 through F-4 and F-6 need to be modified to be in black and white prior to filing them in electronic file format. Article 202 requires the filing of these drawings. 28. The Exhibit G is not approved because the text is illegible, and the drawing should be modified to be in black and white format. Article 203 requires the filing of a revised Exhibit G drawing. C. Use and Occupancy of Project Lands and Waters 29. Requiring a licensee to obtain prior Commission approval for every use or occupancy of project land or waters would be unduly burdensome. Therefore, Article 405 allows the licensee to grant permission, without prior Commission approval, for the use and occupancy of project lands and waters for such minor activities as landscape planting. Such uses must be consistent with the purposes of protecting and enhancing the scenic, recreational, and environmental values of the project. D. Start of Construction 30. Article 301 requires the licensee to commence construction of the project works within two years from the issuance date of the license and complete construction of the project within five years from the issuance date of the license. E. Review of Final Plans and Specifications 31. Article 302 requires the licensee to provide the Commission's Division of Dam Safety and Inspection (D2SI)- New York Regional Office with final contract drawings and specifications--together with a supporting design report consistent with the Commission's engineering guidelines. 32. Where new construction or modifications to the project are involved, the Commission requires licensees to file revised drawings of project features as-built. Article 303 provides for the filing of these drawings. 33. Article 304 requires the licensee to submit a Public Safety Plan for the project to the Commission's D2SI-New York Regional Engineer. 34. Article 305 requires the licensee to coordinate any modifications that would affect project construction or operation resulting from environmental requirements with the Commission's D2SI- New York Regional Office. STATE AND FEDERAL COMPREHENSIVE PLANS 35. Section 10(a)(2)(A) of the FPA requires the Commission to consider the extent to which a project is consistent with federal or state comprehensive plans for improving, developing, or conserving a waterway or waterways affected by the project. Under section (10)(a)(2)(A), federal and state agencies filed 33 comprehensive plans that address various resources in Pennsylvania. Of these, staff identified and reviewed two comprehensive plans that are relevant to this project. No conflicts were found. SAFE MANAGEMENT, OPERATION, AND MAINTENANCE OF THE PROJECT 36. Staff reviewed Antrim Trust's preliminary plans to build the project as described in the license application. The project will be safe when constructed, operated, and maintained in accordance with the Commission's standards and provisions of this license. NEED FOR POWER 37. The proposed project would provide hydroelectric generation to meet power requirements at the existing Antrim Treatment Plant and supply excess power to the regional grid. The project will be located in the Reliability First Corporation region of the North American Electric Reliability Council (NERC). According to NERC, summer peak demand in the region is expected to increase at an average rate of 1.26 percent per year over the 10-year planning period from 2014-2023. The project's power and contribution to the region's diversified generation mix will help meet a need for power in the region. PROJECT ECONOMICS 38. In determining whether to issue a license for a hydroelectric project, the Commission considers a number of public interest factors, including the economic benefits of project power. Under the Commission's approach to evaluating the economics of hydropower projects, as articulated in Mead Corp., the Commission uses current costs to compare the costs of the project and likely alternative power with no forecasts concerning potential future inflation, escalation, or deflation beyond the license issuance date. The basic purpose of the Commission's economic analysis is to provide a general estimate of the potential power benefits and the costs of a project, and of reasonable alternatives to project power. The estimate helps to support an informed decision concerning what is in the public interest with respect to a proposed license. 39. As proposed by Antrim Trust and as licensed herein, the estimated annual cost to develop and maintain the proposed 40-kW project is $9,356 or $37.42/megawatt-hour (MWh). The proposed project will generate an estimated average of 250 MWh of energy annually. When Commission staff's estimate of average generation is multiplied by the alternative power cost of $56.93/MWh, staff gets a total value of the project's power of $14,233 in 2013 dollars. To determine whether the proposed project is currently economically beneficial, staff subtracts the project's cost from the value of the project's power. Therefore, in the first year of operation, the project would cost $4,877 or $19.51/MWh less than the likely alternative cost of power. COMPREHENSIVE DEVELOPMENT 40. Sections 4(e) and 10(a)(1) of the FPA require the Commission to give equal consideration to the power development purposes and to the purposes of energy conservation; the protection, mitigation of damage to, and enhancement of fish and wildlife; the protection of recreational opportunities; and the preservation of other aspects of environmental quality. Any license issued shall be such as in the Commission's judgment will be best adapted to a comprehensive plan for improving or developing a waterway or waterways for all beneficial public uses. The decision to license this project, and the terms and conditions included herein, reflect such consideration. 41. The EA for the Antrim Project contains background information, analysis of effects, and support for related license articles. Based on the record of this proceeding, including the EA, licensing the Antrim Project as described in this order would not constitute a major federal action significantly affecting the quality of the human environment. The project will be safe if operated and maintained in accordance with the requirements of this license. 42. Based on staff's independent review and evaluation of the project, and the no-action alternative, as documented in the EA, the proposed project, with staff-recommended measures, is best adapted to a comprehensive plan for improving or developing the unnamed tributary to Bridge Run. 43. This alternative was selected because: (1) issuance of an original license will serve to provide a beneficial, dependable, and inexpensive source of electric energy; (2) the required environmental measures will protect aquatic and cultural resources; and (3) the 40 kW of electric capacity comes from a renewable resource that does not contribute to atmospheric pollution. LICENSE TERM 44. Section 6 of the FPA provides that original licenses for hydropower projects shall be issued for a period not to exceed 50 years. The Commission's general policy is to establish 30-year terms for projects with little or no redevelopment, new construction, new capacity, or environmental mitigation and enhancement measures; 40-year terms for projects with a moderate amount of such activities; and 50-year terms for projects with extensive measures. This license requires a minor amount of new construction and environmental measures. Consequently, a 30-year license for the Antrim Micro-Hydropower Project is appropriate. The Director Orders: (A) This license is issued to Antrim Treatment Trust (licensee), for a period of 30 years, effective the first day of the month in which this order is issued, to construct, operate and maintain the Antrim Micro-Hydropower Project. This license is subject to the terms and conditions of the Federal Power Act (FPA), which is incorporated by reference as part of this license, and subject to the regulations the Commission issues under the provisions of the FPA. (B) The project consists of: (1) All lands, to the extent of the licensee's interests in those lands, described in the project description and the project boundary discussion of this order. (2) Project works consisting of: (1) a 0.25-acre-foot collection pond; (2) a 12-inch-diameter, 435-foot-long polyvinyl chloride (PVC) pipe that conveys raw water from the collection pond to a 60-foot-diameter concrete clarifier with a capacity of 33,500 cubic feet in the Antrim Treatment Plant, (3) a 12-inch-diameter, 143-foot-long high-density polyethylene (HDPE) pipe that conveys treated water from the treatment plant to a forebay; (4) a 12-inch-diameter, 155-foot-long HDPE pipe connected to the 12-inch-diameter PVC pipe to bypass raw or untreated water to the forebay during high flow conditions or plant maintenance; (5) a forebay with a net storage capacity of 6,000 cubic feet; (6) an 18-inch-diameter, 972-foot-long penstock from the forebay to the powerhouse; (7) a powerhouse with two identical impulse turbine-generator units with a combined rated capacity of 40 kilowatts; (8) a 75-foot-long tailrace to convey flows from the powerhouse to an unnamed tributary to Bridge Run; (9) a 1,300-foot-long, 460-volt buried transmission line; and (10) appurtenant facilities. The project works generally described above are more specifically shown and described by those portions of Exhibits A and F shown below: Exhibit A: The following section of Exhibit A filed on December 12, 2013: Section 3.0, pages 4 and 5, entitled "Description of Hydraulic Turbines." Exhibit F: The following Exhibit F drawings filed on December 12, 2013: Click here to view: http://elibrary.ferc.gov/idmws/common/opennat.asp?fileID=13627564 (3) All of the structures, fixtures, equipment or facilities used to operate or maintain the project, all portable property that may be employed in connection with the project, and all riparian or other rights that are necessary or appropriate in the operation or maintenance of the project. (C) Exhibit A and Exhibit F drawings described above are approved and made part of this license. The Exhibit G filed as part of the application for license does not conform to Commission regulations and is not approved. The Commission does not approve electrical schematics. Therefore, the Exhibit F Drawing F-7: Electrical Schematic is not approved. (D) The following sections of the FPA are waived and excluded from the license for this minor project: 4(b), except the second sentence; 4(e), insofar as it relates to approval of plans by the Chief of Engineers and the Secretary of the Army; 6, insofar as it relates to public notice and to the acceptance and expression in the license of terms and conditions of the Act that are waived here; 10(c), insofar as it relates to depreciation reserves; 10(d); 10(f); 14, except insofar as the power of condemnation is reserved; 15; 16; 19; 20; and 22. (E) This license is also subject to the articles set forth in Form L-15 (Oct. 1975), entitled "Terms and Conditions of License for Unconstructed Minor Project Affecting the Interests of Interstate or Foreign Commerce" (see 54 F.P.C. 1792 et seq.), as reproduced at the end of this order, and the following additional articles: Article 201. Administrative Annual Charges. The licensee must pay the United States the following annual charges, as determined in accordance with the provisions of the Commission's regulations in effect from time to time: (a) effective as of the date of commencement of project construction, to reimburse the United States for the cost of administration of Part 1 of the Federal Power Act. The authorized installed capacity for that purpose is 40 kilowatts. Under the regulations currently in effect, projects with authorized installed capacity of less than or equal to 1,500 kW will not be assessed an annual charge. Article 202. Exhibit F Drawings. Within 45 days of the date of issuance of this license/order, as directed below, the licensee must file two sets of the following information in electronic file format on compact disks with Secretary of the Commission, ATTN: OEP/DHAC. (a) Digital images of the approved exhibit drawings must be prepared in electronic format. Prior to preparing each digital image, the FERC Project-Drawing Number (i.e., P-14537-1 through P-14537-6) must be shown in the margin below the title block of the approved drawing. The licensee must file two separate sets of exhibit drawings in electronic format on CD disks with the Secretary of the Commission, ATTN: OEP/DHAC. Exhibit F drawings must be segregated from other project exhibits, and identified as Critical Energy Infrastructure Information (CEII) material under 18 CFR section388.113(c). Each drawing must be a separate electronic file, and the file name must include: FERC Project-Drawing Number, FERC Exhibit, Drawing Title, date of this License, and file extension in the following format [P-14537-1, F-1, Vicinity Map, MM-DD-YYYY.TIF]. All digital images of the exhibit drawings must meet the following format specification: IMAGERY - black & white raster file FILE TYPE - Tagged Image File Format, (TIFF) CCITT.6 (CCITT Group 4 fax encoding) RESOLUTION - 300 dpi desired, (all drawing fonts must be legible) DRAWING SIZE FORMAT - 22" x 34" (min), 24" x 36" (max) FILE SIZE - less than 1 MB desired Article 203. Exhibit G Drawings. Within 90 days of the effective date of the license, the licensee must file, for Commission approval, a revised Exhibit G drawing with legible text that is in black and white format. The Exhibit G drawings must comply with sections 4.39 and 4.41 of the Commission's regulations. Article 301. Start of Construction. The licensee must commence construction of the project works within two years from the issuance date of the license and must complete construction of the project within 5 years from the issuance date of the license. Article 302. Contract Plans and Specifications. At least 60 days prior to the start of any construction, the licensee must submit one copy of its plans and specifications and supporting design document to the Commission's Division of Dam Safety and Inspections (D2SI)-New York Regional Engineer, and two copies to the Commission (one of these must be a courtesy copy to the Director, D2SI). The submittal to the D2SI-New York Regional Engineer must also include as part of preconstruction requirements: a Quality Control and Inspection Program and a Temporary Construction Emergency Action Plan. The licensee may not begin construction until the D2SI-New York Regional Engineer has reviewed and commented on the plans and specifications, determined that all preconstruction requirements have been satisfied, and authorized start of construction. Article 303. As-built Drawings. Within 90 days of completion of construction of the facilities authorized by this license, the licensee must file for Commission approval, revised Exhibits A, F, and G, as applicable, to describe and show those project facilities as built. A courtesy copy must be filed with the Commission's Division of Dam Safety and Inspections (D2SI)-New York Regional Engineer, the Director, D2SI, and the Director, Division of Hydropower Administration and Compliance. Article 304. Public Safety Plan. Within 60 days from the issuance of this order, the licensee must submit one copy to the Commission's Division of Dam Safety and Inspections (D2SI)-New York Regional Engineer and two copies to the Commission (one of these copies must be a courtesy copy to the Commission's Director, D2SI) of a Public Safety Plan. The plan must include an evaluation of public safety concerns at the project site, including designated recreation areas, and assess the need for the installation of safety devices or other safety measures. The submitted plan must include a description of all public safety devices and signage, as well as a map showing the location of all public safety measures. For guidance on preparing public safety plans the licensee can review the Guidelines for Public Safety at Hydropower Projects on the FERC website. Article 305. Project Modification Resulting From Environmental Requirements. Any permanent or temporary modification which may affect the project works or operations must be coordinated with the Commission's Division Dam Safety and Inspections (D2SI)-New York Regional Engineer at the beginning of the planning and design phase. This includes those modifications resulting from license environmental requirements. This schedule is to allow sufficient review time for the Commission to insure that the proposed work does not adversely affect the project works, dam safety or project operation. Article 401. Run-of-River Operation. The licensee must operate the project in a run-of-river mode to protect aquatic resources in the unnamed tributary to Bridge Run. The licensee must at all times act to minimize the water level fluctuation of the collection pond by maintaining a discharge from the project so that, at any point in time, flows, as measured immediately downstream of the project's tailrace, approximate the sum of inflows to the collection pond. Run-of-river operation may be temporarily modified if required by operating emergencies beyond the control of the licensee, and for short periods upon mutual agreement between the licensee and the Pennsylvania Department of Environmental Protection. If the flow is so modified, the licensee must notify the Commission as soon as possible, but no later than 10 days after each such incident. Article 402. Operation Compliance Monitoring Plan. At least 60 days prior to the start of project operation, the licensee must file with the Commission, for approval, an operation compliance monitoring plan that describes how the licensee will comply with the operational requirements of this license. The plan must include, but not necessarily be limited to, the following: (a) provisions to monitor compliance of operating the project in a run-of-river mode, including a description of the steps the licensee will take to ensure run-of-river operation continues during planned and emergency shutdowns; (b) a description of all gages and/or measuring devices that will be used to monitor operation compliance, including the method of calibration and frequency of recording of each gage and/or measuring device; (c) procedures for recording, maintaining, and reporting the monitoring data to the Commission; (d) a provision to maintain a log of project operation; and (e) a schedule of reporting project compliance/non-compliance for normal operation and in the event of an emergency. The Commission reserves the right to require changes to the plan. Project operation must not begin until the licensee is notified by the Commission that the plan is approved. Upon Commission approval, the licensee must implement the plan, including any changes required by the Commission. Article 403. FERC Form 80 Exemption. There is little or no potential for recreation facilities within the project boundary. Therefore, upon the effective date of the license, the licensee is exempt from 18 section C.F.R. 8.11, the filing of the FERC Form 80 recreation report, for the Antrim Micro-Hydropower Project. Article 404. Protection of Undiscovered Cultural Resources. If the licensee discovers previously unidentified cultural resources during the course of constructing, maintaining, or developing project works or other facilities at the project, the licensee must stop all land-clearing and land-disturbing activities in the vicinity of the resource and consult with the Pennsylvania State Historic Preservation Officer (SHPO) to determine the need for any cultural resource studies or measures. If no studies or measures are needed, the licensee must file with the Commission documentation of its consultation with the SHPO immediately. If a discovered cultural resource is determined to be eligible for the National Register of Historic Places (National Register), the licensee must file for Commission approval a historic properties management plan (HPMP) prepared by a qualified cultural resource specialist after consultation with the Pennsylvania SHPO. In developing the HPMP, the licensee must use the Advisory Council on Historic Preservation and the Federal Energy Regulatory Commission's Guidelines for the Development of Historic Properties Management Plans for FERC Hydroelectric Projects, dated May 20, 2002. The HPMP must include the following items: (1) a description of each discovered property, indicating whether it is listed in or eligible to be listed in the National Register; (2) a description of the potential effect on each discovered property; (3) proposed measures for avoiding or mitigating adverse effects; (4) documentation of consultation; and (5) a schedule for implementing mitigation and conducting additional studies. The Commission reserves the right to require changes to the HPMP. The licensee must not resume land-clearing or land-disturbing activities in the vicinity of a cultural resource discovered during construction, until informed by the Commission that the requirements of this article have been fulfilled. Article 405. Use and Occupancy. (a) In accordance with the provisions of this article, the licensee must have the authority to grant permission for certain types of use and occupancy of project lands and waters and to convey certain interests in project lands and waters for certain types of use and occupancy, without prior Commission approval. The licensee may exercise the authority only if the proposed use and occupancy is consistent with the purposes of protecting and enhancing the scenic, recreational, and other environmental values of the project. For those purposes, the licensee must also have continuing responsibility to supervise and control the use and occupancies for which it grants permission, and to monitor the use of, and ensure compliance with the covenants of the instrument of conveyance for, any interests that it has conveyed, under this article. If a permitted use and occupancy violates any condition of this article or any other condition imposed by the licensee for protection and enhancement of the project's scenic, recreational, or other environmental values, or if a covenant of a conveyance made under the authority of this article is violated, the licensee must take any lawful action necessary to correct the violation. For a permitted use or occupancy, that action includes, if necessary, canceling the permission to use and occupy the project lands and waters and requiring the removal of any non-complying structures and facilities. (b) The type of use and occupancy of project lands and waters for which the licensee may grant permission without prior Commission approval are: (1) landscape plantings; (2) non-commercial piers, landings, boat docks, or similar structures and facilities that can accommodate no more than 10 water craft at a time and where said facility is intended to serve single-family type dwellings; (3) embankments, bulkheads, retaining walls, or similar structures for erosion control to protect the existing shoreline; and (4) food plots and other wildlife enhancement. To the extent feasible and desirable to protect and enhance the project's scenic, recreational, and other environmental values, the licensee must require multiple use and occupancy of facilities for access to project lands or waters. The licensee must also ensure, to the satisfaction of the Commission's authorized representative, that the use and occupancies for which it grants permission are maintained in good repair and comply with applicable state and local health and safety requirements. Before granting permission for construction of bulkheads or retaining walls, the licensee must: (1) inspect the site of the proposed construction, (2) consider whether the planting of vegetation or the use of riprap would be adequate to control erosion at the site, and (3) determine that the proposed construction is needed and would not change the basic contour of the impoundment shoreline. To implement this paragraph (b), the licensee may, among other things, establish a program for issuing permits for the specified types of use and occupancy of project lands and waters, which may be subject to the payment of a reasonable fee to cover the licensee's costs of administering the permit program. The Commission reserves the right to require the licensee to file a description of its standards, guidelines, and procedures for implementing this paragraph (b) and to require modification of those standards, guidelines, or procedures. (c) The licensee may convey easements or rights-of-way across, or leases of project lands for: (1) replacement, expansion, realignment, or maintenance of bridges or roads where all necessary state and federal approvals have been obtained; (2) storm drains and water mains; (3) sewers that do not discharge into project waters; (4) minor access roads; (5) telephone, gas, and electric utility distribution lines; (6) non-project overhead electric transmission lines that do not require erection of support structures within the project boundary; (7) submarine, overhead, or underground major telephone distribution cables or major electric distribution lines (69-kV or less); and (8) water intake or pumping facilities that do not extract more than one million gallons per day from a project impoundment. No later than January 31 of each year, the licensee must file three copies of a report briefly describing for each conveyance made under this paragraph (c) during the prior calendar year, the type of interest conveyed, the location of the lands subject to the conveyance, and the nature of the use for which the interest was conveyed. (d) The licensee may convey fee title to, easements or rights-of-way across, or leases of project lands for: (1) construction of new bridges or roads for which all necessary state and federal approvals have been obtained; (2) sewer or effluent lines that discharge into project waters, for which all necessary federal and state water quality certification or permits have been obtained; (3) other pipelines that cross project lands or waters but do not discharge into project waters; (4) non-project overhead electric transmission lines that require erection of support structures within the project boundary, for which all necessary federal and state approvals have been obtained; (5) private or public marinas that can accommodate no more than 10 water craft at a time and are located at least one-half mile (measured over project waters) from any other private or public marina; (6) recreational development consistent with an approved report on recreational resources of an Exhibit E; and (7) other uses, if: (i) the amount of land conveyed for a particular use is five acres or less; (ii) all of the land conveyed is located at least 75 feet, measured horizontally, from project waters at normal surface elevation; and (iii) no more than 50 total acres of project lands for each project development are conveyed under this clause (d)(7) in any calendar year. At least 60 days before conveying any interest in project lands under this paragraph (d), the licensee must file a letter with the Commission, stating its intent to convey the interest and briefly describing the type of interest and location of the lands to be conveyed (a marked Exhibit G map may be used), the nature of the proposed use, the identity of any federal or state agency official consulted, and any federal or state approvals required for the proposed use. Unless the Commission's authorized representative, within 45 days from the filing date, requires the licensee to file an application for prior approval, the licensee may convey the intended interest at the end of that period. (e) The following additional conditions apply to any intended conveyance under paragraph (c) or (d) of this article: (1) Before conveying the interest, the licensee must consult with federal and state fish and wildlife or recreation agencies, as appropriate, and the State Historic Preservation Officer. (2) Before conveying the interest, the licensee must determine that the proposed use of the lands to be conveyed is not inconsistent with any approved report on recreational resources of an Exhibit E; or, if the project does not have an approved report on recreational resources, that the lands to be conveyed do not have recreational value. (3) The instrument of conveyance must include the following covenants running with the land: (i) the use of the lands conveyed must not endanger health, create a nuisance, or otherwise be incompatible with overall project recreational use; (ii) the grantee must take all reasonable precautions to ensure that the construction, operation, and maintenance of structures or facilities on the conveyed lands will occur in a manner that will protect the scenic, recreational, and environmental values of the project; and (iii) the grantee must not unduly restrict public access to project waters. (4) The Commission reserves the right to require the licensee to take reasonable remedial action to correct any violation of the terms and conditions of this article, for the protection and enhancement of the project's scenic, recreational, and other environmental values. (f) The conveyance of an interest in project lands under this article does not in itself change the project boundaries. The project boundaries may be changed to exclude land conveyed under this article only upon approval of revised Exhibit G drawings (project boundary maps) reflecting exclusion of that land. Lands conveyed under this article will be excluded from the project only upon a determination that the lands are not necessary for project purposes, such as operation and maintenance, flowage, recreation, public access, protection of environmental resources, and shoreline control, including shoreline aesthetic values. Absent extraordinary circumstances, proposals to exclude lands conveyed under this article from the project must be consolidated for consideration when revised Exhibit G drawings would be filed for approval for other purposes. (g) The authority granted to the licensee under this article must not apply to any part of the public lands and reservations of the United States included within the project boundary. (F) The licensee must serve copies of any Commission filing required by this order on any entity specified in the order to be consulted on manners relating to that filing. Proof of service on these entities must accompany the filing with the Commission. (G) This order constitutes final agency action. Any party may file a request for rehearing of this order within 30 days from the date of its issuance, as provided in section 313(a) of the FPA, 16 U.S.C. section 825l (2012), and section 385.713 of the Commission's regulations, 18 C.F.R. section 385.713 (2014). The filing of a request for rehearing does not operate as a stay of the effective date of this license or of any other date specified in this order. The licensee's failure to file a request for rehearing must constitute acceptance of this order. Jeff C. Wright Director Office of Energy Projects Click here to view Form L-15: http://elibrary.ferc.gov/idmws/common/opennat.asp?fileID=13627564 TNS 18EstebanLiz-140904-30FurigayJane-4845840 30FurigayJane (c) 2014 Targeted News Service |