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FERC Issues Order Issuing Original License Re Mahoning Hydropower, LLC's Milton Hydroelectric Project Under P-13953
[September 27, 2014]

FERC Issues Order Issuing Original License Re Mahoning Hydropower, LLC's Milton Hydroelectric Project Under P-13953


(Targeted News Service Via Acquire Media NewsEdge) WASHINGTON, Sept. 26 -- The U.S. Department of Energy's Federal Energy Regulatory Commission issued the text of the following delegated order: Mahoning Hydropower, LLC Project No. 13953-002 ORDER ISSUING ORIGINAL LICENSE (Issued September 26, 2014) INTRODUCTION 1. On November 22, 2011, Mahoning Hydropower LLC (Mahoning Hydro) filed, pursuant to Part I of the Federal Power Act (FPA), an application for an original license to construct, operate, and maintain its proposed Lake Milton Hydroelectric Project No. 13953 (Lake Milton Project or project). The 0.65-megawatt (MW) project will be located at the existing Lake Milton dam, which is owned by the Ohio Department of Natural Resources (Ohio DNR) on the Mahoning River, in Mahoning County, Ohio. The project will not occupy federal land. As discussed below, this order issues an original license for the Lake Milton Project.



BACKGROUND 2. On July 6, 2012, 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 deadline for filing motions to intervene, comments, recommendations, terms and conditions, and prescriptions was September 4, 2012. On August 28, 2012, the U.S. Department of Interior (Interior) filed a letter indicating it had no comment.

3. An environmental assessment (EA) was prepared by Commission staff and issued December 20, 2013, analyzing the impacts of the proposed project and alternatives to it. The U.S. Fish and Wildlife Service (FWS), the U.S. Army Corps of Engineers (Corps), the Ohio Environmental Protection Agency (Ohio EPA), and the Environmental Protection Agency (EPA) filed comments on the EA. The comments have been fully considered in determining whether, and under what conditions, to issue this license.


PROJECT DESCRIPTION A. Project Area 4. The Lake Milton Project is located on the Mahoning River, in Mahoning County, Ohio. The Mahoning River is approximately 113 miles long, with 97 miles running through eastern Ohio, and the remainder running through western Pennsylvania. It joins the Shenango River in Pennsylvania to form the Beaver River, which flows into the Ohio River. The Mahoning River watershed drains a total of 1,085 square miles in northeastern Ohio and is generally divided into upper and lower portions. The upper Mahoning River watershed, where the project area is located, is predominantly composed of a mix of agriculture and urban land uses. The lower portion of the watershed is located in northeastern Ohio on the Ohio-Pennsylvania border, and contains the major municipalities of Youngstown, Warren, and Lordstown. Lake Milton dam is one of 15 dams on the river, and is located 7 miles downstream from Berlin Lake Dam.

B. Existing Facilities and Operation 5. The project will use the existing Lake Milton dam, which is located within Lake Milton State Park. Lake Milton dam is a 760-foot-long, 54-foot-high concrete gravity dam that consists of a 650-foot-long, 58-foot-wide spillway, four 5-foot-wide by 7-foot-long sluice gates for controlling outflows, four 70-foot-long, 60-inch-diameter discharge pipes, trashracks, and earth-filled abutments at each end. The reservoir above the dam, Lake Milton, is 2 miles long and has a surface area of 1,685 acres at a normal maximum pool elevation of 948 feet mean sea level (msl).

6. Ohio DNR currently coordinates operation of Lake Milton dam with the U.S. Army Corps of Engineers' (Corps) Berlin Lake Dam in accordance with an operating agreement between Ohio DNR and the Corps, to provide flood control, low water regulation, and recreation in the Mahoning River. Lake Milton is currently maintained at 940 feet msl from January 1 through March 31 and at 948 feet msl from April 12 through October 15. Ohio DNR provides the Corps with real-time information on water surface elevation, outflow, and gate openings, and it releases flows as directed by the Corps. Currently, flow releases from Lake Milton dam are coordinated with releases from the Corps' Kirwan Dam, located on the West Branch of the Mahoning River, to provide combined target environmental flows at Leavittsburg, Ohio (USGS gage no. 03094000) of approximately 140 cfs in the winter and 230 cfs in the summer. Although the Corps has not specified a desired minimum environmental flow for the Mahoning River at Lake Milton dam, minimum flows of around 80 to 85 cfs are typically maintained in the winter, 130 to 140 cfs in the summer, and 25 cfs during upstream or downstream flood events.

C. Proposed Project Facilities and Operation 7. The Lake Milton Project will use the existing facilities described in Paragraph 5 above, along with the following new facilities: (1) trashracks with 1-inch clear bar spacing to be placed over the existing trashrack; (2) a 25-foot by 35-foot concrete powerhouse to be constructed at one of the existing discharge pipes at the dam containing a single 650-kilowatt (kW) tubular Kaplan S-Type propeller turbine-generating unit; (3) an automatic bypass gate to immediately route flow downstream past the turbine in the event the plant goes offline; (4) a turbine auto-restart feature that automatically closes the bypass gate and restarts the turbine when grid power is restored; (5) a remote operating system to allow for the remote adjustment of discharge flows; (6) an automatic lake leveling device that controls discharge flows at the project based on target water surface elevations in Lake Milton; (7) a 320-foot-long, 12.5-kilovolt, underground transmission line to connect project power with an existing Ohio Edison distribution line located west of the dam; (8) a 220-foot-long access road; and (9) appurtenant facilities.

8. Mahoning Hydro proposes to operate the hydropower project as a modified run-of-river facility whereby outflow from Lake Milton dam approximately equals flow releases from the Corps' Berlin Lake Dam and are modified to maintain a seasonal Lake Milton water surface elevation of 940 feet msl from January 1 through March 31 and 948 feet msl from April 12 through October 15. The project will utilize an existing 70-foot-long, 60-inch-diameter discharge pipe to route flows from sluice gate 2 to the proposed powerhouse. The project will generate power when inflow to Lake Milton is between 25 cfs and 250 cfs. When inflow is greater than 250 cfs, excess flows will be discharged through the three remaining 60-inch-diameter discharge pipes. When flows are less than 25 cfs, the project will go offline and all flow will pass through the three remaining discharge pipes. The estimated annual generation of the Lake Milton Project is 3,659 MWh.

D. Project Boundary 9. The project boundary encloses Lake Milton up to the 948-foot-msl contour elevation, Lake Milton dam, and all of the project facilities noted above.

E. Proposed Environmental Measures 10. Mahoning Hydro proposes to operate the project as directed by the Corps.

11. To minimize soil erosion and sedimentation associated with construction of the project, Mahoning Hydro proposes to use best management practices for reducing soil erosion.

12. To prevent contamination of the project site during construction and operation, Mahoning Hydro proposes to use environmentally safe lubricants, when possible, to maintain construction-related machinery, and report any spills of hazardous material or chemicals from broken hydraulics or other unanticipated events immediately.

13. To protect water quality below the Lake Milton dam during project operation, Mahoning Hydro proposes to implement a Water Quality Mitigation Plan that includes: (1) monitoring pre-construction water quality to establish baseline water quality conditions; (2) monitoring water quality for a minimum of two years following commencement of project operation; and (3) taking the project offline and bypassing flows around the turbine when monitoring results show water quality is being adversely affected when compared to baseline conditions.

14. To mitigate for fish losses attributed to turbine entrainment mortality during project operation, Mahoning Hydro proposes to monetarily compensate Ohio DNR.

15. To mitigate the loss of vegetation during project construction, Mahoning Hydro proposes to revegetate areas disturbed during construction.

16. To protect bald eagles during project construction, Mahoning Hydro proposes to consult with Ohio DNR regarding the status of bald eagle activity at the project prior to construction and implement appropriate mitigation measures if a nest is located within 0.5 mile of the project site.

17. To protect Indiana bats during project construction, Mahoning Hydro proposes to avoid cutting foraging or roosting trees in the project area between April 1 and September 30.

18. To deter illegal fishing activity below the dam, including poaching, Mahoning Hydro proposes to monitor and report illegal fishing to Lake Milton State Park.

19. To provide regular trash maintenance in the area downstream of the dam where fishing occurs, Mahoning Hydro proposes to remove trash from trash receptacles and litter left by anglers and park visitors in the fishing area below the dam.

20. To preserve the aesthetic quality of Lake Milton State Park, Mahoning Hydro proposes to construct the project features to be visually consistent with existing structures at Lake Milton dam.

SUMMARY OF LICENSE REQUIREMENTS 21. The license, which authorizes 0.65 MW of renewable energy, requires Mahoning Hydro to implement a number of measures to protect or enhance water quality, aquatic resources, and terrestrial resources at the project.

22. To protect geology and soils, aquatic, and terrestrial resources, the license includes Ohio EPA water quality certification conditions that require a number of protective measures.

23. The license requires Mahoning Hydro to operate the project in a modified run-of-river mode whereby flow releases are modified to maintain the seasonal Lake Milton water surface elevations of 940 feet msl from January 1 through March 31 and 948 feet msl from April 12 through October 15, as well as a minimum downstream flow release of 25 cfs during upstream and downstream flood events.

24. To clarify the licensee's responsibilities during construction and operation, the license requires Mahoning Hydro to develop plans for: (1) soil erosion and sedimentation control; and (2) hazardous substance control.

25. The license requires Mahoning Hydro to install its proposed zebra mussel-resistant trashracks.

26. To ensure that Mahoning Hydro complies with the operational requirements of this license, the license requires an operation compliance monitoring plan.

27. To protect aquatic resources and ensure public safety within the project reservoir and downstream of the project during transition between seasonal Lake Milton water surface elevations and unscheduled drawdowns, the license requires a reservoir drawdown and refill plan.

28. The license requires Mahoning Hydro's proposed revegetation of areas disturbed during project construction.

29. To protect cultural resources, the license requires Mahoning Hydro to stop all land-clearing and land-disturbing activities and consult with the Ohio State Historic Preservation Officer (Ohio SHPO) if a previously unidentified archaeological resource is discovered during project construction, operation, or maintenance, or other project-related activities.

WATER QUALITY CERTIFICATION 30. 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 (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 must become a condition of any federal license that authorizes construction or operation of the project.

31. On February 29, 2012, Mahoning Hydro applied to Ohio EPA for 401 water quality certification (certification) for the Lake Milton Project. Ohio EPA received this request on March 1, 2012, and issued the certification on September 14, 2012. The certification includes administrative requirements and a number of general conditions regarding the use of Best Management Practices in carrying out construction and maintenance activities. The certification also includes project-specific conditions that require Mahoning Hydro to: (1) release water downstream from the dam as directed by the Corps; (2) implement best management practices for storm water management, soil erosion control, and tree removal; (3) implement a mitigation monitoring plan that includes pre- and post-construction water quality monitoring, bypassing the project turbine when post-construction water quality is less than the established pre-construction baseline standards, hydrology monitoring, streambank monitoring, and Qualitative Habitat Evaluation Index assessments; (4) install a trashrack with 1-inch clear bar spacing; (5) restrict in-water work during the fish spawning period of April 15 through June 30; (6) provide monetary compensation to Ohio DNR for fish lost due to turbine entrainment and impingement at the project; (7) cease construction or dredging activities immediately and contact Ohio DNR if previously unidentified native mussels and/or mussel beds are encountered; (8) restrict removal of "bat habitat" trees between April 1 to September 30, unless specifically approved by FWS; (9) restrict construction work at the project site during the bald eagle nesting season of January 1 through July 15; and (10) post Ohio fishing laws on the powerhouse.

32. The conditions of the certification, with the exception of special condition M.5 in Part II of the certification, which is discussed below, are set forth in Appendix A of this order and incorporated into the license by Ordering Paragraph (D).

33. Special condition M.5 provides: "Water releases from the [Lake Milton] dam can only be determined by the U.S. Army Corps of Engineers." For the reasons discussed below, this condition cannot be included as a condition of the license. Rather than denying the license application, this order issues the license without the requirement.

34. The Lake Milton dam was built in the early 1900s by the City of Youngstown, Ohio, and repaired in the late 1980s with state assistance. It is operated and maintained by the Ohio DNR. It is not a federal dam, and it does not appear that the Corps has any statutory role in the dam's operation and maintenance. Because the Lake Milton dam is a non-federal facility, the dam, reservoir, and powerhouse must be licensed project features under the Commission's jurisdiction; and their operation, maintenance, and safety is the responsibility, not of the Corps, but of the licensee, as required by the license. The Commission must be able to carry out its responsibilities under the FPA and ensure that the Lake Milton Project meets the FPA's comprehensive development standard at licensing and through the term of any license issued. A requirement that the Corps, and the Corps alone, determines the releases from the dam conflicts with the Commission's responsibilities and is contrary to the requirements of the FPA. For this reason, certification condition M.5 is not a lawful condition, and it cannot be included as a condition of this license. Condition M.5 from Part II of the certification is therefore removed from Appendix A.

35. However, the license, as conditioned herein, should allow the project to operate in a manner that is consistent with how the Corps has been managing water surface elevations in Lake Milton and downstream flow releases from Lake Milton dam. Article 402 of this license requires Mahoning Hydro to operate the project in a modified run-of-river mode, whereby outflow from Lake Milton dam approximately equals flow releases from the Corps' Berlin Lake Dam and are modified to maintain the seasonal Lake Milton water surface elevations of 940 feet msl from January 1 through March 31 and 948 feet msl from April 12 through October 15. Article 402 also requires Mahoning Hydro to maintain a minimum downstream flow release of 25 cfs from Lake Milton dam during upstream and downstream flood events. In addition, during the times when Mahoning Hydro is operating run-of-river, it must pass downstream all flows released by the Corps at Berlin Lake Dam. Thus, when Mahoning Hydro is operating run of river, the Corps, through its releases from Berlin Lake Dam, will determine (indirectly) the flow downstream of Lake Milton. Although Article 402 specifies that these operation requirements may be temporarily modified for short periods upon mutual agreement among the licensee, Ohio DNR, and the Corps, Mahoning Hydro will need to request that the Commission make a determination on the need to amend the license for any permanent modifications to them.

36. In the EA, staff concluded that the seasonal drawdown of Lake Milton could strand aquatic organisms that inhabit near shore areas of the reservoir and cause abrupt changes to downstream flows, while the seasonal refilling of Lake Milton may limit the quantity of flow being released downstream of the project. Article 403 of this license requires Mahoning Hydro to develop a reservoir drawdown and refill plan in consultation with the Corps and Ohio DNR that will specify ramping rates and downstream flow releases during the seasonal drawdown and refilling of Lake Milton to protect aquatic resources and ensure public safety. Although the Corps will not have the same indirect control of flow releases from Lake Milton dam during the seasonal drawdown and refill periods, the Corps will have the opportunity to inform Mahoning Hydro during the development of the plan on how the project can operate during these periods to be consistent with the Corps' management goals for flood control, downstream flow augmentation, and recreation.

37. In the EA, staff did not recommend Mahoning Hydro's proposal for providing compensatory mitigation for fish losses at the project, as specified in the certification, because it would not provide a direct, project-related benefit to aquatic resources. In addition, such compensation would constitute damages, and the Commission has no authority to adjudicate claims for or require payment of damages. However, providing monetary compensation to Ohio DNR is required by the certification and therefore is included in the license.

38. The certification includes conditions that require Mahoning Hydro to file reports with Ohio EPA, notify Ohio EPA of modifications to project operations, and implement unspecified long-term changes to project operations or facilities based on new information or results from studies or monitoring without Commission notification or approval. Therefore, Article 401 of this license requires the licensee to file, for Commission approval, reports required by the certification conditions, notify the Commission of planned and unplanned deviations from license requirements, and file amendment applications, as appropriate.

COASTAL ZONE MANAGEMENT ACT 39. 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. By memorandum filed April 23, 2012, Ohio DNR's Office of Coastal Management stated that the project would be outside of the designated coastal zone and does not require a consistency review.

SECTION 18 FISHWAY PRESCRIPTION 40. Section 18 of the FPA provides that the Commission must require the construction, maintenance, and operation by a licensee of such fishways as may be prescribed by the Secretary of the Interior or the Secretary of Commerce, as appropriate.

41. No fishway prescriptions or reservations of authority were filed under section 18 of the FPA.

THREATENED AND ENDANGERED SPECIES 42. Section 7(a)(2) of the Endangered Species Act of 1973 (ESA) 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.

43. The endangered Indiana bat is the only federally listed species with the potential to occur in the project area. In the EA, staff determined that licensing the Lake Milton Project with its recommended measures and the mandatory conditions is not likely to adversely affect the Indiana bat. FWS concurred with these findings by letter filed January 17, 2014.

44. In its letter, FWS stated that the project also lies within the range of the northern long-eared bat, a species that is currently proposed for listing as federally endangered, and recommended that trees that are potential habitat for northern long-eared bats not be cut from April 1 through September 30. The restriction of tree cutting during this period is required by certification condition M.1 (Part II) and included in this license.

NATIONAL HISTORIC PRESERVATION ACT 45. Under section 106 of the National Historic Preservation Act 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 (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.

46. In a letter filed November 22, 2011, the Ohio SHPO determined that no historic properties would be affected by the construction and operation of the project. In the EA, staff concluded that while there are no known surface or sub-surface archaeological resources at the project site, such resources could be discovered as a result of project construction, operation, or maintenance. Therefore, if archaeological resources are discovered during the term of the license, Article 411 of this license requires Mahoning Hydro to stop all land-clearing and land-disturbing activities (if any) and consult with the Ohio SHPO. If a discovered resource is eligible for the National Register of Historic Places, Article 411 of this license requires Mahoning Hydro to develop a Historic Properties Management Plan for Commission approval.

RECOMMENDATION OF FEDERAL AND STATE FISH AND WILDLIFE AGENCIES PURSUANT TO SECTION 10(j) OF THE FPA 47. 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.

48. No agency filed section 10(j) recommendations for the Lake Milton Project.

SECTION 10(a)(1) OF THE FPA 49. 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.

A. Operation Compliance Monitoring 50. In the EA, staff concluded that developing an operation compliance monitoring plan in consultation with the Corps and Ohio DNR would provide the necessary details regarding the methodologies for collecting water level and flow data, as well as specific compliance and reporting criteria, to ensure that the project operation complies with the operational requirements of any license issued for the project. An operation compliance monitoring plan would also specify the procedures and protocols for maintaining any remote equipment needed to monitor water quantity parameters. Therefore, Article 404 of this license requires Mahoning Hydro to develop an operation compliance monitoring plan.

B. Soil Erosion Control 51. Mahoning Hydro proposes to implement erosion prevention measures and monitor erosion at the project during construction. In the EA, staff noted that Mahoning Hydro did not provide specific details as to what their proposed best management practices would entail. Staff recommended a soil erosion control plan that describes in more detail Mahoning Hydro's proposed erosion control measures. Staff concluded that developing specific measures to address construction-related erosion would augment the best management practices and streambank monitoring specified in the certification and protect water quality and aquatic habitat. Therefore, Article 405 of this license requires Mahoning Hydro to develop a soil erosion and sediment control plan.

C. Hazardous Substances Control 52. Mahoning Hydro proposes to use environmentally safe lubricants, when possible, to maintain construction-related machinery, and report any spills of hazardous material or chemicals from broken hydraulics or other unanticipated events immediately. In the EA, staff recommended a hazardous substances control plan that describes in detail Mahoning Hydro's proposed hazardous substances control measures and establishes protocols for hazardous substance and chemical storage and spill prevention and cleanup, to prevent hazardous materials from entering the Mahoning River. Therefore, Article 406 of this license requires Mahoning Hydro to develop a hazardous substances control plan.

D. Zebra Mussel Attachment 53. Mahoning Hydro proposes to install trashracks that are resistant to zebra mussel attachment. In the EA, staff concluded that installing zebra mussel resistant trashracks would help minimize the risk of colonization-related adverse effects, such as lost power production due to decreased flows and increases in fish impingement due to localized accelerated intake velocities. Therefore, Article 407 of this license requires Mahoning Hydro to install zebra mussel resistant trashracks.

E. Revegetation Management 54. Construction of the project will require the permanent removal of 0.32 acre of vegetation within the project's proposed access road area and transmission line corridor, and the temporary disturbance of an additional 0.1 acre of vegetation from the staging of materials and equipment. These disturbed areas consist mostly of manicured lawn. Mahoning Hydro proposes to revegetate the areas disturbed during the installation of the access road and transmission line, as well as the staging areas used for construction. In the EA, staff noted that the revegetation of these disturbed areas would reduce any long-term project effects on vegetation. Therefore, Article 408 of this license requires Mahoning Hydro to revegetate these areas with the grass species present in immediately adjacent areas.

F. Aesthetics 55. In the EA, staff recommended Mahoning Hydro's proposal to construct the new powerhouse with formed concrete to blend in with the existing dam and construct the new access road with stones to be visually consistent with the existing access road. Therefore, Article 409 of this license requires Mahoning Hydro to maintain the aesthetic value of the project with new structures or features, where feasible, that blend with the existing landscape.

G. Comments on the EA Mitigation Monitoring Plan 56. In comments on the EA, the Corps recommended that Mahoning Hydro conduct real-time, continuously-recorded, water quality monitoring for, at a minimum, water temperature, dissolved oxygen, total dissolved gas, barometric pressure, and turbidity at the Lake Milton dam outflow prior to, during, and after construction and continue the monitoring throughout the duration of the license. The Corps also noted that it has a 34-year period of water quality data, and recommended that this information be used in conjunction with the results of the certification's baseline study to assure maintenance of baseline conditions.

57. Although supplementing the results of the certification-required pre-construction water quality monitoring with the Corps' historical data would provide a more robust data set from which to establish baseline water quality conditions, the resulting baseline could be different from the baseline established using the protocols required by the certification. Moreover, the Corps recommended continuously monitoring water quality prior to, during, and following construction for the term of the license, but it did not provide any justification for why continuous monitoring is necessary for the protection of water quality in the Mahoning River downstream of the project. The sampling protocols required by the certification, which includes 8 to 10 pre-construction sampling events (i.e., grab samples) over the course of one to two months and 2 to 8 sampling events per month for up to five years (minimum of two years) following commencement of project operation, are sufficient to establish baseline conditions and ensure that any project effects on downstream water quality are identified.

58. The Corps' recommended monitoring also includes sampling for three water quality parameters not required by the certification: total dissolved gas, barometric pressure, and turbidity. Although the supersaturation of total dissolved gas below dams can, in some cases, lead to gas-bubble trauma in fish, there is no evidence that supersaturation of total dissolved gas is currently occurring below the Lake Milton dam and Mahoning Hydro's proposal to operate through one of the gates is expected to decrease turbulence in the spillway when compared to current conditions. Therefore, it is not necessary to monitor total dissolved gas and barometric pressure. As for the turbidity, in the EA, staff concluded that operation of the project would have little effect on sediment transport downstream of the dam because the existing flow release and reservoir elevation pattern would be maintained. In addition, the erosion and sediment control plan required by Article 405 of this license, along with the certification's requirement to restrict in-water work during the fish spawning period of April 15 through June 30, should adequately protect downstream aquatic resources from sediment-laden runoff during construction. Therefore, monitoring turbidity is unnecessary.

Cumulative Effects 59. In comments on the EA, the Corps and Ohio DNR both indicated that they disagree with staff's cumulative effects analysis of fish losses attributed to impingement and entrainment from the Lake Milton project in conjunction with the proposed Berlin Lake Project (FERC Project No. 13954), which would be located immediately upstream of Lake Milton dam.

60. As discussed in the EA, the results from entrainment studies conducted at similar hydropower projects indicate that entrainment and entrainment-related mortality at the proposed Lake Milton Project should be relatively low. Further, the rates of fish entrainment and mortality are expected to result in little impact to the populations relative to the fecundities of the fish species present at this site, even when considering the cumulative mortality effects associated with the potential operation of the proposed Berlin Lake Project. Additionally, neither agency provided information or data to support their position.

Climate Change 61. In comments on the EA, EPA requested that staff address the potential effects of climate change (e.g., increased precipitation events and severe drought conditions) on environmental resources and operation of the project. The potential for climate change to affect project operation or environmental resources was not raised during scoping, nor was it raised in any comments filed on the project prior to issuance of the EA. Given that the proposal under consideration is to add hydropower generation at an existing dam under a run-of-river operational scenario, it is unclear what effects EPA anticipates here. Staff is not aware of any climate predicting models that have the accuracy to predict resource-specific impacts and inform project-specific license conditions. If there is a need to modify project operations or facilities to accommodate changes because of climate change or related factors during the license term, and reliable data became available to justify such modifications, the conditions of this license reserve the Commission's authority to reopen the license to determine whether additional environmental measures are necessary.

Permanent Effects to Existing Resources 62. In comments on the EA, EPA requests that staff fully examine any permanent negative effects (e.g., wetland take, fish entrainment, fish mortality, wildlife impacts, and water-way and reservoir changes) that may occur as a result of project operation and how these negative effects will be avoided, minimized, or mitigated. In the EA, staff analyzed both temporary and permanent effects of the project proposal on water quality, fisheries, erosion and sedimentation, vegetation, and the existing recreation facilities at the project. Staff also analyzed proposed protection, enhancement, and mitigation measures in the EA and provided recommendations on measures to be included in the license. In the EA, staff concluded that fish mortality due to turbine entrainment will only have minor effects on the overall fish community and that the project is not expected to result in any negative effects to wetlands because it will be operated in a modified run of river mode where historical seasonal reservoir elevations will be maintained. In the EA, staff concluded that there will only be minor temporary effects to recreational resources at Lake Milton State Park due to construction traffic, noise and dust, and hazards from construction equipment. Staff also concluded that construction of the project will require the permanent removal of 0.32 acre of vegetation within the project's proposed access road area and transmission line corridor, and the temporary disturbance of an additional 0.1 acre of vegetation from the staging of materials and equipment, and recommended the revegetation of the disturbed areas following project construction, which is required by Article 408 of this license.

Human Health and Environmental Justice 63. In comments on the EA, EPA noted that the EA did not analyze human health and environmental justice related issues, and recommended that these subjects be further analyzed unless sufficient justification is supplied by the Commission. EPA further suggested that additional data on environmental and health indicators (e.g., air quality) be collected to help establish a baseline in order to determine changes over time.

64. As noted above, 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. Other than EPA's general comment on the EA's lack of a discussion on human health and environmental justice, no entity has alleged that the project poses a specific threat to human health or causes a specific environmental justice concern. As noted above, the project will involve very limited ground disturbing activities, as most of the principle project features have been in place for decades, and operation of the project will not change the flow regime at the project. Therefore, no analysis related to human health or environmental justice is needed in the EA, and there is no justification for requiring Mahoning Hydro to gather any data on environmental health indicators.

Concurrence Documents 65. In comments on the EA, EPA recommended attaching the concurrence document from the Ohio SHPO to the EA. The Ohio SHPO's letter determining that no historic properties would be affected by the construction and operation of the project was filed with the Commission on November 22, 2011 and is part of the record for the proceeding. The record for the project is accessible to the public. There is no need to attach the letter to the EA.

EXEMPTION OF THE FERC FORM 80 RECREATION REPORT 66. The Licensed Hydropower Development Recreation Report (Form 80) collects recreation usage data on recreation facilities at projects through the term of their licenses. Because Ohio DNR will continue to own and maintain its recreation facilities at the project and the project has little or no potential for additional recreation facilities, the licensee is exempt from filing the Form 80 during the term of its license (Article 410).

ADMINISTRATIVE PROVISIONS A. Annual Charges 67. The Commission collects annual charges from licensees for administration of the FPA. Article 201 provides for the collection of such funds. Under the regulations currently in effect, projects with authorized installed capacity of less than or equal to 1,500 kW, like this project, will not be assessed an annual charge.

B. Exhibit F and G Drawings 68. The Commission requires licensees to file sets of approved project drawings on microfilm and in electronic file format. Article 202 requires the filing of these drawings.

69. Commission regulations require that only lands necessary for the operation and maintenance of the project be included in the project boundary. The Exhibit G sheets G-1 and G-2 include lands that are labeled as Affected Properties or Properties Affected, some of which are outside the project boundary. These lands were lands identified for environmental studies, but the lands outside the project boundary are not needed for project operation and maintenance; therefore, they must not be included in the Exhibit G drawings. Also, the insert Powerhouse/Dam Site with Project Boundary, in Exhibit G sheet G-1, identifies a 15-foot buffer from property lines, but does not include a project boundary around all project works and facilities. Finally, the Exhibit G drawing must not include Exhibit G sheets G-3, G-4, and G-5 because the names and address of landowners within the project boundary are not required by the Commission's regulations. Because the Exhibit G drawings do not conform to the Commission's regulations, the Exhibit G drawings are not approved. Article 203 requires Mahoning Hydro to file revised Exhibit G drawings.

C. Project Land Rights 70. The project as licensed includes Lake Milton, Lake Milton dam, and permanent project features that will include the powerhouse, new access road, and the 320-foot-long, 12.5-kilovolt, underground transmission line. The Exhibits G-2 through G-5, filed as part of the application for license, identifies land ownership within the project boundary, which includes Lake Milton State Park.

71. Standard Article 5 set forth in Form L-15 requires the licensee to acquire title in fee or the right to use in perpetuity all lands, other than lands of the United States, necessary or appropriate for the construction, maintenance, and operation of the project, within five years. In order to monitor compliance with Article 5, Article 204 requires the licensee to file no later than four years after license issuance, a report detailing its progress on acquiring title in fee or the necessary rights to all lands within the project boundary. The report must include specific documentation on the status of the rights that have been acquired as of the filing date of the progress report, and a plan and schedule to acquire all remaining land prior to the five-year deadline.

72. Section 21 of the FPA prohibits licensees from using eminent domain to condemn parklands, like Lake Milton State Park, so the licensee must secure the necessary rights to Lake Milton State Park lands within the project boundary through negotiation. To ensure that Mahoning Hydro has obtained these rights prior to commencing project construction, Article 205 requires it to file documentation of its rights to the park lands before it can begin project construction.

D. Project Financing 73. To ensure that there are sufficient funds available for project construction, operation, and maintenance, Article 206 requires the licensee to file for Commission approval documentation of project financing for the construction, operation, and maintenance of the project at least 90 days before starting any construction associated with the project. Mahoning Hydro cannot begin project construction until the Commission has approved the plan.

E. Use and Occupancy of Project Lands and Waters 74. Requiring a licensee to obtain prior Commission approval for every use or occupancy of project land would be unduly burdensome. Therefore, Article 412 allows the licensee to grant permission, without prior Commission approval, for the use and occupancy of project lands 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.

F. Start of Construction 75. 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.

G. Review of Final Plans and Specifications 76. Article 302 requires the licensee to provide the Commission's Division of Dam Safety and Inspection (D2SI)-Chicago Regional Office with final contract drawings and specifications--together with a supporting design report consistent with the Commission's engineering guidelines.

77. Article 303 requires the licensee to provide the Commission's D2SI-Chicago Regional Engineer with approved cofferdam and deep excavation construction drawings.

78. Where new construction or modifications to the project are involved, the Commission requires licensees to file revised drawings of project features as-built. Article 304 provides for the filing of these drawings.

79. Article 305 requires the licensee to provide the Commission's D2SI-Chicago Regional Engineer with an independent consultant inspection report.

80. To demonstrate awareness of the roles and responsibilities of project owners and staff for the safety of the project, Article 306 requires the licensee to submit a Project Owner's Dam Safety Program to the Commission's D2SI-Chicago Regional Engineer.

81. Article 307 requires the licensee to submit a Public Safety Plan for the project to the Commission's D2SI-Chicago Regional Engineer.

82. Article 308 requires the licensee to notify and coordinate with the Commission's D2SI-Chicago Regional Engineer on any proposed modifications to the water retaining and/or conveyance features of the project resulting from the environmental requirements of the license to ensure that these modifications do not adversely affect the project works, dam safety, or project operation.

STATE AND FEDERAL COMPREHENSIVE PLANS 83. 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 twelve comprehensive plans that address various resources in Ohio. Staff reviewed the twelve comprehensive plans, all of which are relevant to this project. No conflicts were found.

SAFE MANAGEMENT, OPERATION, AND MAINTENANCE OF THE PROJECT 84. Staff reviewed Mahoning Hydro'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 85. The project will be located within the jurisdiction of the PJM Interconnection LLC (PJM) grid, a subregion of the Reliability First Corporation, a region of the North American Electric Reliability Corporation (NERC). PJM is a regional transmission organization (RTO) that coordinates the movement of wholesale electricity in all or parts of 13 states and the District of Columbia. According to NERC's 2013 forecast, summer peak load growth for the PJM-RTO is projected to average 1.36 percent per year over the next 10 years. NERC projects that the anticipated capacity reserve margin would fall below the PJM required reserve margin in 2020 due to significant coal-fired plant retirements. The project, with an installed capacity of 0.65 MW and an average annual energy generation of 32,291 MWh, will help meet part of the power needs of the region.

PROJECT ECONOMICS 86. 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.

87. In applying this analysis to the Lake Milton Project, Commission staff considered three options: Mahoning Hydro's proposal, staff's recommended alternative, and the project as licensed herein. As proposed by Mahoning Hydro, the levelized annual cost of constructing and operating the Lake Milton Project is $242,189, or $66.19/megawatt-hour (MWh) in 2013 dollars. The proposed project would generate an average of 3,659 MWh of energy annually. When the estimate of average generation is multiplied by the alternative power cost of $33.26/MWh, the total estimated value of the project's power is $121,698. To determine whether the proposed project is economically beneficial, the project's cost is subtracted from the value of the project's power. Therefore, in the first year of operation, the project would cost $120,491, or $32.93/MWh, more than the likely alternative cost of power. Under the staff alternative, the average annual cost of alternative power would be $121,698 or $33.26/MWh. The average annual project cost would be $247,458 or about $67.63/MWh, in 2013 dollars. Overall, the project would produce power at a cost which is $125,760, or $34.37/MWh, more than the likely cost of alternative power.

88. As licensed herein, Mahoning Hydro's proposal with mandatory agency conditions and measures recommended by Commission staff would produce about 3,659 MWh of electricity annually, at a levelized annual cost of about $247,495, or $67.64/MWh, in 2013 dollars. Based on the same amount of estimated average generation of 3,659 MWh as proposed, the project would produce power valued at $121,698 when multiplied by the $33.26/MWh value of the project's power. Therefore, in the first year of operation, project power would cost $125,797, or $34.38/MWh, more than the likely cost of alternative power.

89. In considering public interest factors, the Commission takes into account that hydroelectric projects offer unique operational benefits to the electric utility system (ancillary service benefits). These benefits include the ability to help maintain the stability of a power system, such as by quickly adjusting power output to respond to rapid changes in system load; and to respond rapidly to a major utility system or regional blackout by providing a source of power to help restart fossil-fuel based generating stations and put them back online.

90. Although our analysis shows that the project as licensed would cost more to operate than our estimated cost of alternative power, it is the applicant who must decide whether to accept this license and any financial risk that entails.

91. Although staff does not explicitly account for the effects inflation may have on the future cost of electricity, the fact that hydropower generation is relatively insensitive to inflation compared to fossil-fueled generators is an important economic consideration for power producers and the consumers they serve. This is one reason project economics is only one of the many public interest factors the Commission considers in determining whether or not, and under what conditions, to issue a license.

COMPREHENSIVE DEVELOPMENT 92. 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.

93. The EA for the project contains background information, analysis of effects, and support for related license articles. Based on the record of this proceeding, including the EA and the comments thereon, licensing the Lake Milton 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.

94. Based on an independent review and evaluation of the project, recommendations from the resource agencies and other stakeholders, and the no-action alternative, as documented in the EA, the project as license herein is selected and found to be best adapted to a comprehensive plan for improving or developing the Mahoning River.

95. This alternative is selected because: (1) issuance of an original license authorizes the construction and operation of a beneficial and dependable source of electric energy; (2) the required environmental measures will protect and enhance fish and wildlife resources and water quality; and (3) the 0.65 MW of authorized electric capacity will come from a renewable resource that does not contribute to atmospheric pollution.

LICENSE TERM 96. 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.

97. This license requires an extensive amount of new construction and environmental measures including a new powerhouse; new trashracks and other facilities and environmental measures. Consequently, a 50-year license for the Lake Milton Project is appropriate.

The Director orders: (A) This license is issued to Mahoning Hydropower LLC (licensee), for a period of 50 years, effective the first day of the month in which this order is issued, to construct, operate, and maintain the Lake Milton 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 these lands, described in the project description and the Exhibit F and G Drawings discussion of this order.

(2) Project works consisting of: (1) a 760-foot-long, 54-foot-high concrete gravity dam that consists of a 650-foot-long, 58-foot-wide spillway and four 5-foot-wide by 7-foot-long sluice gates; (2) a 1,685-acre impoundment with a maximum storage capacity of 27,120 acre-fee at a maximum pool elevation of 951 feet above mean sea level (msl); (3) four 70-foot-long, 60-inch-diameter discharge pipes; (4) trashracks with 1-inch clear bar spacing; (5) a 25-foot by 35-foot concrete powerhouse located below the crest of the dam; (6) one 650-kilowatt (kW) tubular Kaplan S-Type propeller turbine-generating unit equipped with an auto-restart feature and an automatic lake leveling device; (7) an automatic bypass gate for routing flows downstream in the event that the plant goes offline; (8) a remote operating system to allow for the remote adjustment of discharge flows; (9) a 320-foot-long, 12.5-kilovolt, underground transmission line connecting the powerhouse with an existing Ohio Edison distribution line located west of the dam; (10) a 220-foot-long by 10-foot-wide access road; and (11) 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 November 22, 2011: Section (1), pages 11 through 17, entitled "Project Description," describing the mechanical, electrical, and transmission equipment within the application for license and pages 18 and 19 of the licensee's May 28, 2012 filing in response to Commission staff's March 1, 2012, Additional Information Request.

Exhibit F: The following Exhibit F drawings filed on November 22, 2011: Exhibit F Drawing FERC No. 13953- Description Sheet F-1 1 Project Plan, Elevation, and Typical Dam Section Sheet F-2 2 Project Profile and Sections Sheet F-3 3 Turbine Detail (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) The Exhibits A and F described above are approved and made part of the license. The Exhibit G drawings filed on March 28, 2012, do not conform to Commission regulations and are 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 subject to the conditions submitted by the Ohio Department of Environmental Protection under section 401(a)(1) of the Clean Water Act, 33 U.S.C. section 1341(a)(1) (2012), as those conditions are modified by this order and set forth in Appendix A to this order.

(F) 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. 1799 et seq.), as reproduced at the end of this order, and the following additional articles: Article 201. Administrative Annual Charges. Effective as of the date of commencement of project construction, the licensee must pay the United States an annual charge, as determined in accordance with the provisions of the Commission's regulations in effect from time to time, 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 650 kilowatts (kW). Under the regulations currently in effect, projects with an 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, the licensee must file the approved Exhibit F drawings in electronic file format on compact disks (CD).

(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-13953-1001 through P-13953-1005) 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 with the Secretary of the Commission, ATTN: OEP/DHAC. Exhibit F drawings must be segregated from other project exhibits, and identified as (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-13953-1001, F-1, Drawing Title, 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 Group 4 RESOLUTION - 300 dpi desired, (200 dpi min) DRAWING SIZE FORMAT - 24" x 36" (min), 28" x 40" (max) FILE SIZE - less than 1 MB desired Article 203. Exhibit G Drawings. Within 90 days of the date of issuance of this license, the licensee shall file, for Commission approval, revised Exhibit G drawings that enclose within the project boundary all project works and facilities necessary for operation and maintenance of the project, and exclude the lands outside the project boundary that are labeled as Affected Properties or Properties Affected, in Exhibit G sheets G-1 and G-2, respectively. Also, the insert Powerhouse/Dam Site with Project Boundary, in Exhibit G sheet G-1, must include a project boundary around all project works and facilities, not a 15-foot buffer from property lines. Finally, the licensee's Exhibit G drawing must not include Exhibit G sheets G-3, G-4, and G-5 because the names and address of landowners within the project boundary are not required by the Commission's regulations at 18 C.F.R sections 4.39 and 4.41. The Exhibit G drawings must comply with the Commission's regulations at 18 C.F.R sections 4.39 and 4.41.

Article 204. Project Land Rights Progress Report. No later than four years after license issuance, the licensee must file a report with the Commission describing the status of acquiring title in fee or the rights for all non-park lands within the project boundary. The report must provide an overview map of each parcel and summary table identifying the licensee's rights over each parcel within the project boundary. The report must also include specific supporting documentation showing the status of the land rights on all parcels of land within the project boundary that: (1) have been acquired up to the date of filing of the report, including pertinent deeds, lease agreements, and/or bill of sale information that specifically verify the licensee's rights; and (2) the licensee's plan and schedule for acquiring all remaining project lands prior to the five-year deadline, including a history of actions taken, current owner information, the type of ownership to be acquired whether in fee or by easement, and the timeline for completing property acquisition.

Article 205. Documentation of Lake Milton State Park Land Rights. At least 90 days before starting construction, the licensee must file with the Commission, for approval, documentation that it has acquired the necessary rights for all parcels of Lake Milton State Park lands located within the project boundary. The documentation must include, at a minimum, pertinent deeds, lease agreements, and/or bill of sale information that specifically verify the licensee's rights. The licensee must not begin project construction until the Commission has approved the filing.

Article 206. Documentation of Project Financing. At least 90 days before starting construction, the licensee must file with the Commission, for approval, the licensee's documentation for the project financing. The documentation must show that the licensee has acquired the funds, or commitment for funds, necessary to construct the project in accordance with this license. The documentation must include at a minimum financial statements, including a balance sheet, income statement, and a statement of actual or estimated cash flows over the license term, which provide evidence that the licensee has sufficient assets, credit, and projected revenues to cover project construction, operation, and maintenance expenses, and any other estimated project liabilities and expenses.

The financial statements must be prepared in accordance with generally accepted accounting principles and signed by an independent certified public accountant. The licensee must not commence project construction before the filing is approved.

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 five 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)-Chicago 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-Chicago Regional Engineer must also include as part of preconstruction requirements: a Quality Control and Inspection Program, Temporary Construction Emergency Action Plan, and Soil Erosion and Sediment Control Plan. The licensee may not begin construction until the D2SI-Chicago 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. Cofferdam and Deep Excavation Construction Drawings. Should construction require cofferdams or deep excavations, the licensee must: (1) review and approve the design of contractor-designed cofferdams and deep excavations prior to the start of construction; and (2) must ensure that construction of cofferdams and deep excavations is consistent with the approved design. At least 30 days before starting construction of any cofferdams or deep excavations, the licensee must submit one copy to the Commission's Division of Dam Safety and Inspections (D2SI)-Chicago Regional Engineer and two copies to the Commission (one of these copies must be a courtesy copy to the Commission's Director, D2SI), of the approved cofferdam and deep excavation construction drawings and specifications, and the letters of approval.

Article 304. 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)-Chicago Regional Engineer; the Director, D2SI; and the Director, Division of Hydropower Administration and Compliance.

Article 305. Inspection by Independent Consultant. In accordance with Part 12, Safety of Water Power Projects and Project Works, of the Commission's Regulations, the initial in TNS 18EstebanLiz-140927-30FurigayJane-4876947 30FurigayJane (c) 2014 Targeted News Service

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