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Home My WebLink About1983-04-01-R 400 RESOLUTION # '23- A4 A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK OF THE CITY OF BATESVILLE, ARKANSAS TO EXECUTE AN AGREEMENT WITH HALLIWELL ASSOCIATES, INC. , AUTHORIZING SAID COMPAI:TY TO PREPARE AND SUBMIT TO THE FEDERAL ENERGY REGULATORY COD1MISSION (FERC) MAJOR LICENSE APPLICATIONS FOR A HYDROELECTRIC PROJECT AT LOCK AND DAM NO. 1 . BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BATESVILLE, ARKANSAS AS FOLLOWS: Section 1: That the City Council of the City of Batesville, Arkansas hereby authorizes the Mayor and City Clerk of the City of Batesville, Arkansas to execute an agreement with Halliwell Associates, Inc. , authorizing the said company to prepare and submit to the Federal Energy Regulatory Commission (FERC) major license applications for a city hydroelectric project to be located at Lock and Dam No. 1 in the City of Batesville, Arkansas. Section 2: That a copy of said contract is attached hereto, marked EXHIBIT "A" and made a part hereof as though fully set out herein word fo((r�� word. ADOPTED this b7F., day of 1983 . APPROVED: ',JIM SHIRRELL, MAY-OR i ATTEST: LARRY WIL IAMS , CITY CLERK FILE DO MAY 9 1983 Ce AfULE E E N T Tf\ 6THBY (W MAtRirdAl I K 4. y &.V rA cou --T*ffY�*AGR E Ell E N T is made by and between the County of Independence , Arkansas (the "County") , the City of Batesville, Arkansas ( the "City " ) and Halliwell Associates , Inc . , -Jjcjt P 1:,ovidence, Rho(le Island (the "Company ") o 7,t 1,4 WHEREAS) , the County and the City are preferonce holders of PrOlinillary permits i .,�.,-,ued by the Fe(.11(2ral Energy Regulatory C cmi,Tiiisf� ion (F',,;J'\C ) iluthorizing the County Find the City to detej:mine the f(?asjhility Of installing hydroelectric icwer facilities at certain Locks and Dams on the 1-1hite t)iver , located in Independence County ( the " Locks and Dams " ) s specifically the following: (1) Lock and Dam No. 1 (the "City Project " ) - the City ; and ( 2) Lock and Dam Nlos . 2 and 3 (the "County Projects") - the Cotinty, -,nd WHEREAS , the County and the City are interested in developing hydroelectric Power facilities at the Locks and Datas and in providing the benefits thereof to the -:itizens of the COuilt-Y aiid City, and the COMILY , ")Cling oy and I-hrough its Quorum Court 11,1s (,-',-�-Prossly decided to undertake the County Projects pursuant to the authority of Amun(Iment 55 Of the Constitution of the State of Arkansas and other applicable laws and has delegated the appropriate authority to the County Judge to execute any and all instrumlents and to take any End all other action necessary to prepare and submit Major License Applications to the FEJ,C for the County Projects and to enter into this Agreement on behalf of the County, and WHEREAS , the City has decided to undertake the City Project and i-�-, ke any and all other action necessary to prep are and suloiiiit a 11aJor License Application to ' lie FERC for the City Project, end t4flEREAS , the County and the City to11 e g 1 Ce e Coi..-ilpa ny to prepare a n d t to th e 1-1'RC Ma j or L i ce 11 ":e Applications for the County Projk-(,L--s ind the City Project, NOW , THEREFORE, KNOW ALL PEN BY THESE PRESENTS that in consideration for the above premises and for the mutual obligations created hereby and the benefits so derived, the parties agree as follows : L,.a 1 5,Q-Q P-_Q---Q-f F n 0 a Sj-a I n-Q n-t- In consideration of the benefits described in Section 1 . 02 hereof, the Company hereby agrees to prepare and submit , on 1)0-1-lalf of the County and the City , rlajor License Applications to 11--he FERC for the County 4W Projects ' and the City Project . The Company agrees to prepare the Major License Applications in accordance with all relevant regulations of the FERC, copies of which are attached hereto as Appendix "A'' and made a part hereof . The Company also agrees to consult with and attend any public hearings before the FFRC concerning the Major License Applications. The Company shall utilize all information contained] in the economic feasibility studies prepared for f-ach of the County Projects and the City Project , and obtain all other necussary information in order to prapare and submit the Major Lica nse Applications. The partics agree that thel C01,tif;1,,y illay -,I. Itrat jbco I i h w i. Ga t ver & Carver , Tnc T,ittl e Rock , Ar kailsas to complctoy th i engagement . T,-92 The County and the City agree to pay the Company a sum not to exceed $53 ,500 as compensation for the services described in Section 1 . 01 hereof. The Company shall be compensated according to the following payment schedule: April 1 , 1983 $17f000 June 1 , 1983 or date .when hiccnse Applications Suhmitted cr for Filing $22,000 Septenber 1 . 1983 or date when Licenses Accepted for Filing $ 9,000 June 1 , 1.984 or date when Licenses Issued AMU $53 ,500 The Company agrees that in the event chat (a) the applications are not filed , or (b) the applications are not accepted by the L"J."RC, or ( c ) the licenses are not incned to the County or the City , then the remaining balances identified in the above described paym(-nt schedule shall be cancelled and that the County and the City shall not be responsible for their respective payments. The County and the City agree to pay the Company within thirty (lays of each date in the above described payment schedule. The parties agree that the obligations of the County and the City, as described in Section 2 1 . 02 hereof, shall he considered separate obligations . The (W County shall be responsible for h,,,o-thirds of the total cost of preparing the Major License Applications ( the " County ' s Share " ) . The County ' s Share represents the cost of preparing and submitting Major License Applications to the FERC for the County Projects . The City shall be responsible for one-third of the total cost of preparing the Major License Applications ( the "City ' s Share " ) The City ' s Share represents the cost of preparing and submitting a Major License Application to the FERC for the City Project . P en t S. All designs, drawings , reports and Other dOcUments- associated with the prcparation of and included in the Major License Applications for submission to the FERC shall be the respective property of the County and the City. Upon the termination or completion of the services described in this Agreement,, the Coiiipany shall deliver to the County and the City all documents , plans, specifications, drawings and other inaterials prepared or procured by or for the Company in connection with the .services described in Section 1 .01 . 1, 05 T.n_K ri, This Agreci-iient shall terminate on the date V"hen the 1.`ERC issues licen,,.es for each of the Locks and Pja!,Lls, or if t-he Najor Applic'Itions are not suloiiiitted to t-he PFRC, or the Mlajor T, (cense Applications are not accepted for filing notification by the FEIZC. (W 3 IN VIII.PNESS HERE` Or the County , the City and the Company have executed this document by Officers duly elected and authorized to represent the County and the Company in assuming _ the rights and obligations set forth herein, this _,.7� day of 1983 . INDEPENDENCE COUNTY, ARKANSAS --- -County Judge ATTEST: CULT Clerk �- CITY OF BA`I'ESVTLLE, ARKANSAS BY Ilayor A`1"Tl,S r1': City Clerk -- -- --- - — 11A.T,L11,1HLL ASSOCIATES, INC. BY fl -'�''9 4 ,- �X A . ^ . �p�^ A#% ' 1l — RFGULATIONS GOVERNING APPLICATIONS FOR PRFLlMINARY PERMITS OR LICENSES: The Commission's regulations at § 4.30 through § 4,35 are yenernl provisions pertaining to preliminary permit and license applications Procedures, This subpart specifies: Who may file an application; accr-ptanco/rpjection of applications; uaps and drawings spocifica1ioos; filing and disposition of conflicting applications; hearings on applications; and amzndmeot of applicatiuns. ((W`— 83 5-18.82 Regulations 10, 71 Subpart D—Application for Prciiminzry Permit or License: General Provisions li 12,0301 §4.30 Wha may file, (a) Any citizen, association of citizens, domestic corpor—on, municipaiity, or state may apply for a prelirninary permit or a license for a water power project under Part 1 of the Federal Power Acta (b) The Cominission will not accept an appiication for a preliminary permit for project works that: (1) Are licensed at the time of the appiication or are authorized by law for Federal development;or (2) Would develop, conserve, a,� utilize, in who:e or :n part, the sa.zne ;pater resources that would be developed, conserved and utilized by a protect for which there is either an unexpired preliminary permit or an accepted application for license. (c) The Commission will not accept an appiication for a license for project works that: (1) Are licensed at the time of the application or are authorized by taw for Federal development;or (2) Would develop, conserve, ar.4 utii.Lc, in whose or In part, the same water resources that would be dev6)peu, comervec., an--' util':zed by a project for which there is an unexpired preliminary permit, ,rn'css the permittee has su Fritted an application for license or has notified the Commission that it has determined not to seek a license. (d) Any citizen, association o: citizens, domestic "corporation, municipality, or state which has or intends to obtain, a,d will maintain, any proprietary right necessary to construe:, operate, or maintain a water power protect for which an application for a preliminary permit or license is filed, should be identified as an applicar. sura doc, :. e:,,s. .01 Subsections (a)-(c), 44 F.R. 61328 (a/:8?54)and w:=_arzec rd in Order 53.4+4 (October 25, 1979); subsection (d), 46 P.R. F.R.61:21;;(10/29/79),effective 11/26/79. 55245(November 9,1981). Subsection (d) newly originated in 46 .05 Historical records.—Section 4.30 F.R.55245(11 J9 J8:),effective 10/29/81. originated in Order 175, 19 F.R. 5218 L ii 12,u411 §4.31 Acceptance for filing or rejection. (a)Each application for a preuminary permit or a license must: (1) [Reserved; (2) Contain the information and documents prescribed in the following sections of this chapter,according to the type of application: (i)Preliminary permit: §4.81; (ii) License for a minor water power project and major water power prc;ects 5 megawatts or less: §§4.60 and 4.61; ral Enaray 7teaulaw.-i Cammluion 4.:,1 C 12,0ZI ooa-z3 10,972 Regulations 832 83 5-18-82 Regulations 73 " (ii;).:.icenw for a malur unconstructed project and'a major m rued Procedures for rejected applications are specified in subparagraph (2) of this project: §§4.40 and 4.41; paragraph. (iv)License for a malur protect-existing dam: §§4.30 and 4.51, (2) Patently deficient applications. (i) An application that, in the (v)License for a:ranS,nission fine vniy: §§4.70 and 4.71; Judgment of the Director of the Office of Electric Power Regulation, patent:y (vi) New license for a licensed project: §16.6;or fails to meet the substantive requireracnts of ;paragraphs (a) and (b) of this section will be resected as patently deficient,with a specification of deficiences (vii)Nonpower license for a licensed project: §16.7, that render the application patently deficient.Competing applications that do (b) Each applicant for a preliminary permit or a license must submit to net conform to the requirements of §4.33(d) will be considered patently the Secretary for filing an orig,nal and fourteen copies of the application.The deficient. application may also include reduced prints of maps and drawings conforming , to §4.32(d). The originals (mxrufilm) of maps and drawings included in a en the Any application that is he r ec may be resubmitted if the deficiencies are corrected. The date the application is resubmitted license apphcat;on under y 4.32(a) are not to be filed initially, but will be vitil be considered the new filing date for purposes of determining the requested pursuant to paragraph(c)of this section. disposition of competing app.rca€ions under §4.33. The cover page of the (c)Wher,an application for a preliminary permit or a license is found to resubmitted application must prominently display the FERC project number, conform to the requirements of paragraphs (a) and (b) of this section, the the word"REVISED",and the date of the revision. Commission or its delegate will: (e) Any application for a preliminary permit or a license wiii be (1)tiuti 10,974 Regulwions 83 5-21-82 92 9-21-82 Regulations by any initial or cci p,;ting applicant under §385.204(e)(2)of this chapter or drawings inc;uoed in a license api:;,cation will be taken in accordance with paragraph kc) the Commission specifically denies or stays action on the motion within 15 under§4.32(a)are not to be filed m;tiat,y,but of this section.If the application is found not will be requested pursuant to paragraph(c)of to conform,it will be rejected. days after the last date for riling motions to intervene prescrined in the public this section. Subsection (g), appearing in 44 F.R. notice issued under §4.31(c)(2) of this Chapter for the preliminary pemit Subsection (d), appearing in 44 F.R. 61128 (10/25/79), effective 11/26/79, was application, Intervention :n any preiiminary permit proceeding will not 61328 (10/25/79), effective ::/26/79, read amended in 47 F.R. 19014 (5/3/82), constitute intervention in any subsequent iicensing'proceeding. as follows until it was a.rnended in 46 F.R. effective 8/25/82,in the forth sentence b; ' 9027(1/28/81),effective 2/27/81: removing "§1.4(d)" and adding in lieu .01 Subsection (a), 47 FI.. 19.114 (Riay 3, iii) License for a major unconstructed (d) Any application for a preliminarythereof";385.2201". 1982);subsection (b) 46 F.R. 9027 (Janjarr project and a major modified project; §§4.44 permit or a license t:at patently fa:s to Subuction (h) newly originated i:: 46 28, 1981); subsection (c), 44 F.R. 61328 and 4.41; conform to the requirements of paragraphs(a) F.R. S5243 (11/9/81), effective 10/29/81, (October 25 1979); subsection gid), 46 F.R. (iv) License for a major project—exisung and(b)of this section may be rejcctec.,with a and read as follows until it was amended in 9627 January 28, 1981); su*clic1s ie) and dam: 4.50and4.51; f' (5/3/92), 8/26/82- if'), / / (f), 44 F.R. 61328 `Ociabe; 25, 1979); su'r §§ speciucauon of deficiencies. An applicant 47 F.R.190f4effective 8 26 E2: if'),Osections and h 1'47 F.R. 1,1 Ma 'l iv) License for 4 transmission line only: submrtfing an application that falls in any (h) Any timely petition for intervention. (g) O (May §§4.70 and 4,71; respect ,o conform to the requirements of submitted und'er§1.8 of this chapter relating 1962)' vi New ficenid for a licensed ( ) project: paragraphs(a) and(b)of this section may be to an application for preliminary permit for a .05 Historical rewrd.—Section 4,31 origi- §16.6;or afforded additional time to correct the water power project is deemed granted as of nand in 39 F.R. 2265 (1/18/74), and was (vii)Nonpower license for a licensed project: deficiencies, not to exceed 45 days from the the date of filing unless the petition is opposed amended in 44 F.R.61328(10/25/79),of e;- §16 7 date of the notification in the cat: of"an by any initial or competing applicant under tive 11/26/79. r a;iplication for a preliminary permit, or 90 §1.8(e) of this chapter or the Commission appearing n 4i F„Z, subsection (a), appearing 1 i1 81 re;,d Subse,:tion (a), ppa g SS944 (11/13/81), effective 12/14/81, ret.d days from the late of the notification in the specifically denies or stays action on the 61328 (10/25/79), effective 11/26/79, read as follows until it was amended in 47 F.R. case of an application for a :icense. The petition within 15 days after the last date for as follows until it was amended in 46 F.R. 19014(5/3/82),affective 8/26/82: deficiencies to be corrected will be specified. filing petitions to intervene prescribed ,n ;he 55926(11/13/81'},effective 12/14/81: Deficiencies mus:be corrected by submitting pub'uc aouce issued under §4.31(eX2) of this (a) Each a hcation'`'fdr a (a} Each applicaiipp ,for a preti-minary pp preliminary permit or a license must: an original and eleven copies of the specified chapter for the preliminary permit- permit or a license must: materials to the Secretary for filing w:%ia the application. Intervention in any preliminary (I) Conform to the requirements of y .,5, additional dine provided.If the dation is ermit g (1) Conform to the requirements of §§1.5, i ,4 1.15, 1.26, and 1.17 of thin chap,er, P application p proceeding will not constitute 1.14, 1.15, 1.16, and 1.17 of this chapter, except as otherwise prescribed in th s part;and then found to canform to the requirements of intervention in any subsequent licensing except as otherwise prescribed in;inns part;a uiparagraphs(a) and(b)of this section,action proceeding. (2)Contain the information and documents ( Contain the information and documents prescribed ribed in the following sections of ;his - s prescribed in the. fo;:owir,g sections of in's chapter,according to the type of application! [fit cliapter,according to u,e type of application: (i)Preiiminarypermit: §4,87; (,)Preliminary permit:§4.81;. §4.32 Specifications lar maps and drawings. GO License for a minor p�o eci:§4.60; d License for a minor water power project to the following 5 cifica- and major water power projects 5 megawatts A.l rewired maps and drawings must conform $ pe (iii) License for a proposed unconstructed or less:§§4.60 and 4.61; tions,except as otherwise prescribed in this chapter: major'projectr§§4.40 and 4.41; Qv License for a (iii) License for a major unconproject: rucu:d (a) Each original map or drawing must consist of a print on silver or majorproject--ezisung project and a major modified project: §§4.40 dam:§§4.50 and 4.,51; . and 4.41; gelatin 35mm microfilm mounted on Type D (33/4' by 77181) aperture cards. (v) License; fqr a transmission lite only: (;v) License for a major project es;sung 3 wo d::.i:cafes .,lust be made of each original. Full-sized prints of maps and §4.70 and 4.71; dam:§§4.50 and 4.51; drawings must be on sheets no smaller than 24 by 36 inches and no larger NO New license for a'licensed project: (v) License fop a transmission, line only: than 28 by 40 inches. A space five inches high by seven inches wide must be §16.6;or §§4.70 and 4.71; r provided in the lower right corner of each sheet. The upper half of this space (vu)Nonpower license for a licensed project: (vi) New !license for a licensed project: q)6,7,. §16.6;or must bear the title, numerical and graphical scale, and other pertinent Subsection (a), appearing is 46 F.R. (vii)Nonpower license for a licensed project: information concerning the map or drawing. The lower half of the space must 55926 (11/13/81), effective 12/14/81, read §16.7. be felt clear.If the drawing size specified in this paragraph limits the scale of as follows antil'it was amended fa 46 F.R. 944(11/13/x1),effective 12/14/sl: subsection (b), appearing in 44 F.A. drawings described in paragraph (c) of this section, a smaller scale may be 53944 application for preiim,nary 61328 (10/25/79), effective.;;/26/79, read used for those drawings. permit or a license must: as follows until it was amended 27/81: n 46 F.R. (b) Each map must have a scale in fuil-sized prints no smaller than one (1) Conform to file rc uirc.T.p:.s of 1.5 4027(1/28/x pleffective preliminary 1: q 3+ (bj Each applicant for a praiimtnnry pe:mu; inch equals 0.5 miles for transmission lines, roads, and similar linear ;entries 1:14, 1.15, 1.16, and 1.1? of tail c:apte., or a license must submit to;he Secretary for and no smaller than one loci, equals 1,(100 feet for other project features. except as otherwise prescribed`in.:is part;and filing an original and eleven copies of ,he where maps at these scales do not show sufficient detail, larger scale maps (2)Co.;a,n the infarmatior,and documents application, each accom;)an,ed Sy fu;:-s,t.d prescribed in the followin; Sect:;;,: of this may be required under§4.31(f).Each map must show: prints of all required maps and drawings.The chapter,according to the type cf application: application may also include reduced p:in�s of (1)True and magnetic meridians; ii)Preliminary permit: 54.81; ' ' chaps and drawings confo.min, to §4 32(d,. (it)License for a minor projeco§4.60; The originals (microfilm) of maps and (2)State,county,arid town lines;and § 14,O:i FGd*MLEaft*uQukkl'nr% Energy aoo-:►a 4z 21.32 12 9-21-32 R ulations 0 977 30,37�i Regu;ations IN-lisce °'�(3) Boundaries o:public lands and reservations of the United ess w.uch utilizes a natural water feature,as defined in §4.1 �(2}.Any Ifi U.S.C. 796(1) and (2)], if any. If a public land survey is available, the competing application for preliminary permit for a proposed major project— maps must show ail lines of that survey crossing the project area and all existing dam, minor water power project 5 MW or less which utilizes an official subdivisions of sections for the public lands and reservations,including existing dain, or water power project 5 MW or less which utilizes a natural las and irregular tracts,as designated on the official plats of survey that may water feature must be submitted not later than 30 days after the last date for be obtained from the B'Lacau of Land Management, Washington, D.C., or `iling protests and petitions to intervene prescribed in the public notice issued examined in the local land ;survey office; to the extent that a public land under§4.31(cX2)of this chapter for the initial application. survey is not available for public lands and reservations of the United States, (3) For any single or mutually exclusive project or project site of the type the reaps must show the protractions of townships and section lines,which, if of project enumerated in paragraph (a)(2) of this section, an applicant may possible, must be those recognized by the Federal agency administering those file not more than one notice of intent to file an exemption application and not lards. more than one notice of intent to file a license application. (c) Drawings depicting details of project.structures must havea scale in (b) Any notice of intent to submit a competing application for a full-sized prints no smaller than: preliminary permit or license that is filed under paragraph(a) of this section (1)One inch equals 5D feet fox plans,elevations,and profiles;and or a notice of intent to file an application for exemption from li=sing that is (2)One inch equals 10 feet for sections. filed under§4.104,must include: (d) Each map or c,rawing must be drawn and lettered to be legible when (li :he exact name, business address, and telephone number of the it is reduced to a print that is 11 inches on its shorter side. Following prospective applicant;and notification to the applicant that the application has been accepted for;iiia,; (2) Aa unequivocal statement of intent to submit a specifted type of {see §4.31(c)),:prints reduced to that size ,r,ust be bound in each copy of tate application. application which is requires to be submitted to the Commission or provided (c) Any prospective applicant who nas 'filed a notice of intent which to any person,agency,or other entity. coa;orms to the regtiir ements of paragraphs (a) and (b) of this section may 01 44 F.R.61323(October 2.i,1479;. 42 F.R. 40190 (8/4/77), and in 44 F.R. ,ubmi, for filing a corr.peung application for a preliminary permit, not later .05 Historical record.--Secticn 4.32 orihti- Order 54, 61328 (1OJ25f79), effective than K) c ays, or a con p;x,Ling application fo. a /icenie, not later than 120 nated in Order 518, 39 F.R. 40942 11/26/79. yy (11/22/74),and was amended in Order 570, S da beyond the last date for.ti,e iiiing of protests or petitions to interve e prescribed in the public notice of the initial application. Lit 12,033 (d)Any competing application must: §4.33 Filing and disposition of conflicting applications. , (i) be ser`-contained and conform to the requirements of paragraphs (a) (a) Any citizen, association of citizens, domestic corporation, and ib)of 3.1.31; municiomay,or state may submit for fi;ing an application for a preliminary permit or license ("cornpeung application") 1or a proposed water power -`= inc'lude a detailed anis compiete statement of how the plans reflected pro)ect that would develop, conserve,and utilize,in whole or is part,the same in the compe.iag application are as well adapted or better adapted than are water resources that wouid be developed, conserved, and utilized by a the pans ro iected in the initial app:ication to develop, conserve, and utilize water ower ro ect for which a preliminary lit or license. in the public interest the water resources of the region.The statement may be proposed P P i P ry Per. application has already been accepted("initial application"),This section will supported by any technical analysis t..at the competing applicapt deems be administered consistent with the provisions of §4.11`i4. governing appropriate to support its proposed pian of development';ant! applications for exemoLion from licensing. (3) Include proof of service of a copy of the competing application on the (1) Zxcept as provid.:d in subparagraph(2), a competing application,or person designated in the public r.otice of the initial application for service of a notice of intent to submit such an application, must be submitted for filing pleadings,documents,or communications concerning the initial application. on or More the last fl;irg date for the filing of protests or petitions to (e) No later than 30 days from Lu date of service of a copy of a intervene prescribed in the public notice, issued under §1.31(c)(2) for the competing application, the applicant that filed the initial application for the initial application. site in question may file a response that: (2) A notice of intent w file a competing application for preliminary (1) Rebuffs the competing applicant's statement that it has equally well permit' may not be submitted for any proposed major project—existing dam, adapted or better adapted plans;and as defined in §4.5(XbX5) o: this chapie.,, any minor water power profect of 5 MW or 'less, as defiaec in y4.60(bx3) of this chapter, which utilizes an t2) Ptvv:ces a detailed and complete counter-statement of how the plans existing darn;or any water bower protect with an installed capacity of 5 MW re1;1ecIed in the initial appl cation are equally well adapted or better adapted 112,032 §4.32 Fo&rW Energy Guldelincs �* Ret� r, «y cositisgion �4.33 � 12,033 002-2a tt � � W� � :l 'j'• u J V•d A y I� 1 A A 0 � croA.. 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' •<' N a F r G �''`� `v tb N f 3 �•.�_ ca ci i o Y R � G N � N (Y ✓ +' N N 3 N Nu+ ''.3 N c� O � .✓ v,•,. �• � A G � �, d 3 ✓ca � � `„� �.� ✓ �'A ✓G � o � � o o � tab �cJ,�,"n •n co'� �>� g,s,�-•i•O•� �' P• 'Soo �-'` iib o G i6, tJ O J d ',.''1 G. (:.: G• ✓ J tb cS ' @ O JA U O N O 3 p' �ao �' +� G o p d 3 x� •Il 3 Y, J � �Vr Ge roe ✓ w 'AC� . �, N.�7 N �•r? N y r N Q .G r N tb ✓ •Q a ` :✓ A �, aiy3 1-. v� ' :'7�i �qq °' yFo Y�07✓NU � � 0 7en G3N � U 0-- 3G.n J r G G ce o G .o.. o ;•.; o^,••• G G N � A.c ✓ u e p a o J G o & G u 3 10,�}ui f208UiC5tions `82 92 9-21-82 Reguiations ,951 issued under §4.31(c)(2) for the initial corrected at 4S F.R.6377(1/23/80),read as adapted to develop,conserve,and utilize in the carry out its plans,the Commission will inform , application. follows until it was amerded in 46 F.iL public interest ttie water resources of the the municipality or state of the specific reawas (2) A nonce of intent to file a competing 9027(1/28/81),effective 2/27/81: region, taking into consideration the ability of why its plans are not as well adapted and application for prehmtna:y permit may not be (d)Any competing application must: each applicant to carry out its plans, the afford a reasonable ro project— period of time far the submitted for any proposed ma;or iroca— (1) Be self-contained and conform to the Commission Will favor the municipality or municipality or state to render its plans at existing dam,as defined in 4.50(bX5)of this requirements of paragraphs (a) and (b) of state;a least as well adapted as the other pians.If the chapter, or any proposed minor water power §4.31; (4)If one of two applicants is a municipality plans of the municipality or state are rendered project, as defined in §4,(,Qb}(4) of this (2) Include a detailed and complete or a state,and the other is not,and the plans at least as well adapted within the time chapter, which uulizes an existing dam. Any statement of how the plans refected in the of the applicant who is not a municipality ora allowed, the Commission will favor the campcung application for prebnlinary permit state are better adapted to develop,conserve, competing application are as well adapted as municipality or state. for o proposed major roject -existing dam or and utilize in the public interest the water minor water wet or better adapted than the pians reflected m Subsection i power protect which utilizes an resources o; the region, taking into O newly originated in 46 the initial application to develop, conserve, existing dam must be submitted not tater than consideration the ability of each applicant to F.R.55235(11/9/81},effective 10/29/81. 30 days after the last date for filing protests and utilize in the public interest the water i and petitions to intervene prescribed in the resources of the reg on;and public notice issued under §4.31(c)(2)of this (3)Include proof of service of a copy of the [71112,0341 chapter for the initial application, competing application on the person Subsection (b), appaa.-ins in 44 F.R. designated in the public notice of the initial §4.34 Bearings on applications. a ication for service of pleadings,61328 (10/25/79), effective 11/26/79 and pp' p g The Commission may order a hearing on an application for a preliminary corrected at 45 F.R.6377 125' 80),read as docur..ents,or communications concerning the ( / / permit or a license, upon either its own motion or the motion of any party in follows until it was nserded in 46 F.R. initis,application. 9027(1/28/81),effective 2/27/81: Subsection (g), appearing in 44 F.R. interest. Any hearings will be limited to the issues prescribed by order of the kb) Any notice of intent to submit a 61328 (10/25/79), effective 11/26/79, and Commission. cumpeting application for a preliminary corrected at 45 F.R.6377(1/28/811),read as permit or a license that is filed under fotIowa until it was amended in 46 F.R. .0144 F.R.61328(October 25,1979). Farag.aph ia)of this section must conform to 55245(11/9/81),effective 10/29/81: .05 Historical record.—Section 4.34 origi- the requirements of §§1.:4, 1.I5, 1.16, and (g) If two or more applications for nated in Order 54, 44 F.R. 61328 1.17 of this chapter,and must include: preliminary permits, or two or more (10/25/79),effective 11/26/79. (1)The exact name and business address of applications for licenses (not including f i li ^ appcatons or a new license under section 15 the prospective applicant;and t i{ 1G,ts:i � CO of the Federal Power Act)by applicants nolle (2) An unequivocal statement of intent to c submit an application for a preliminary permit of whom was a preliminary permittee whine §4.35 Arlendmerit Of application;date o.acceptance. or a license,as appropriate. application for license was accepted for filing within the permit period, are filed for proect (a) General rule. If an applicant amends its filed license or preliminary Subsection(b),appearini in 45 F.R.9027 works which would develop, conserve, and permit application in order to chan,N the status or identity of the applicant or (1/28/81),effective 2/27/31,read as follows utilize, in whole or in part, the same water materially amend the proposed pian of development, the Commission will until it was amendzd is 46 F.R. 55245 resources, the Commission will select between charge tie date of acceptance of the application under§4.31(e)to the date on (11/9/81),effective 10/29/81: or among the applicants on the following bases: (b) Any notice of intent to submit a which the amendment is filed with the Commission and consider the amended (I) If both of two applicants are either a competing application for a preliminary municipality or a state,or neither of them is a application as a new filing for the p ur poses of din�sin g of com�tin g permit or a license that is fired under applications under §4.33 and reissuing public notice of the application under municipality or a state, the Commission will paragraph(a)of this sectiar,trust conform to favor the applicant whose plans are Neuer §4.31(c)(2). This section does not apply to any corrections of deficiencies the requirements of §§1.14, :.15, 1.16, and adapted to develop,conserve,and utilize in Lhe made pursuant to§4.31(d)(1). 1.17 of this chapter,and must include: public interest the water resources of the (1)The exact name, business address, and region,taking into consideration the ability of (b) Definitions, (1) For the purposes of this section, a material telephone number of the prospective applicant; each applicant to carry out its pians; amendment to a pian of development proposed in an application for license and (2) If both of two applicants are either a means any fundamental and significant change,including: (2) An unequivocal statement of intent to municipality or a state,or neither of them is a submit an application for a preliminary permit municipality or a state, and the plans of the (i) A change in the total estimated average annual energy production or or a license,as appropriate, applicants are equally well adapted to develop, installed capacity of the proposed project; Subsection (b), appearing in 46 F.R. conserve,and utilize in the public interest the 55245 (11/9/81), effective :0/29/31, was water resources of the region, taking into (ii) A change to the location or size of the dam, the location of the amended in 47 F.R. 19614 (5/3/82), consideration the ability of each applicant to powerhouse, or the size and elevation of the reservoir, any of which changes effective 8/26/82,by rernovi.;% the words carry out its plans,the Commission will favor would enlarge, reduce, or relocate the area of the body of water between the "must conform to the -r uircmoru of the appl,cant whose application was first farthest reach of the proposed impoundment and the point of discharge from §§1.14, 1.15, 1.116,and i.17 of ais caapter, accepted for filing jsm§4.31(c)l; the powerhouse to be affected by the proposed project;or and"where they appears after"4.104,". (3)If one of two applicants is a municipality Subsection (d), an^.ezrirg in 44 F.R. or a state,and the other is not,and the plans (iii) A change in the number of discrete units of development to be 61328 (10/25/79), effective 11/26/79 and of the municipality or state are at least as well included within the project boundary. 112,033 §4.33 Federal Energy Guldc;s federal Energy Regulatory Commission §4.35 112,035 azz_29 r 1 10,982 Regulotions 92 9.21.82 (2) For purposes of this section, a material amendment to a pian of development proposed in an application for preliminary permit means a change in the location o: size of the dam, the location of the powerhouse, or the size and elevation of the reservoir, any of which changes would enlarge, reduce,or relocate the area of the body of water between the farthest reach of the proposed impoundment and the point of discharge from the powerhouse to be affected by the proposed proiect.(OMB control No. 1902-0073) .4146 F.R.55245(November 9,1981'. .05 Historical record.—Section 4.35 originated in 46 F.R. 55245 (lt/9181}, effective 10/29/91. iThe next page is 30,993.1 H 12 ,03:ti 4,35 FaGera:inarly Gutde.,n<•. uo--ab 41 Pd`U 3 f,'ATIONS U-MINING APPLICATIONS FOR LICENSE FOR MAJOR PRAJF( rS GRFA-rFR THAN 5 ME(3AWA`PFS AT EXISTING RNMS The Ccmiissions regulations at §4.50 and 4.51 apply to any application for either an initial license or new license for a major project at an existirij dam that is proposed to have a total installed capacity of more than 5 megawatts. Any application for repair, modification or recoi-istruct ion of the dam 1.,fiich would result in a significant change in the notinal, maximum surface area or nol�llal maximum surface elevation of an existiixg imlx_,undml�nf, or which would result in a significant enviroi-oontal impact Must he suta;iitted in accordance with the Commission's ruxjulations at §4.40 and 4.41. 7\pplications for any major project at an existing (!am that would have a total installed c,-,pacity of 5 ,(jawitt_ts or less must he sijInittod pur_:uant. to the Crcmi.ssion's rogiiLitJons at §4.40 aid 4.61. The Cci:nir.sion's r.,_,(jkjlat_iOf1S applicants Lo ccrisult with the apprq�riat.e local, state and Federal resource agencies in preparing their applications for license. With pre—application consultation, key technical and environmental issues may he identified and addressed at an earlier point in the process, -Ind the CCIITUnission's own coi-Lsultation with other agencies will he expedited. The applicant must allow at least 60 days for each agency (7011SUIted to 1__eSPOIYJ to the applicant's rcquost for docuu�ontati_on of the consultation process. Poth letters and other docuL,t�ntation of the con-ultation, suq-,Ynarizing the nature and extent of same, must be includr-d within the ;spplication when it is filed with the Co-aiiission. Lists of �goncies to he c)nsul.ted and descriptions of required and recm- iieiflod consultation to be �ccnnplished by on !pplicant in pieparing an application pursuant to the c( nnission's rogulations are pr(,r(,nte_d in Section A prospective applicant may also sink advice ficin the Director, Division of Hydropo4er Licensing (Office of Electric Power Rca(julation, FERC, 825 North Capitol N.F. , Washington, D.C. 20426) ucgai-ding the applicability of the Cc mission's regulations, haled on characteristics of the proposed project ai-d whether the prcp(.-.�ed action would constitute, a majpr modification. Advice concerning preparation of the environmental report to be inclu&-d in the application may be obtained iron the Director, Division of Environrental Analysis. AW t � N N C� �o AF I �, u � � � �r-C ° j G _ � v s � m l"' v.� '� � A � ✓r i^r?.'i — „ G r=C r � :+ A �� r N~a� �`G�.'�iJ,n'-- 7.. '�'�. 4.- A O �' ✓. v � Y �X-^J J N-'-�� 7 G X O �' � A J td J `� ..J Sa _� T� E V y �, � ut G �`� 6 G i 3 " A�b �s' Ll U ° G '✓� � A�� 3.p d S L. � h J O 6 � V .. 3 Gt � � G A u� c.,`-- o TA Jq�. • 3 �c�v �'� � � � G, O �' 6 O �i A J C ? U G � Oen a¢.'.'-. G .. Y y A ,A V l ._.n v J� G 4 n T� "A y G p ✓ V.p. � O'.1 � V �'` � -A.�� V. 4 GO �, N l G y N G V G✓.W U ... ,n O n w U �j ;>^�] A eiO n.7 1 G U p s ti O � N �3 - U .. G i A.7.ryn A.� .nG � p �•y y� RAp, y4'7 �sy > ✓' VM y J 0 A tom. 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J 7..O O .r o , .^o m •.-. �"' u E n v — L `0 0 o y t ..:--.�c j o P J�� 'v+ 7 J ✓ PG:P O" v ru A .O g pig•dOO`J A Yu o f ~„ J G A '6 A.-.O.J J O may'✓ o s Gsa.n� .rr,rnora=��d�Gm- oma " OC C- !2-'os , gr �o � � !� U 'Arm Q . ��'P' N O I tl 6'.' VJ� ✓ r S� cb ✓ � v � G S Q U O'�,�d ��cR�tP O O.fO t/1 �.' O N A O U n d r,.{ i � J �� o, o..� i N � ,� 3 ✓ J .G 3 � ✓ CA da J u 1 A ✓ J°' o✓ o u " Q o3 m c o u o a o y o V4? to Id 16 ei "-� ✓ J ;e ✓ Q N N e� 10 o 10m ✓ °rn wQ � 4 a o ✓ 3 � � x ✓ O Y ✓ A, i . Q � NJ o � ri ✓ N w O P+ � O � y o r d G� G G u U"3 G i d J id .-� c ,� � � J � � 6 J � „o cb G d wG ..; � o G f� J ✓ ;, �'o ^0� t'� O d7 'O O ^✓ ;,i � � W t-� ce 6 A '✓ ...+ J'O O cd i Ov �.G� °' � �� -' ° A � ✓ lz u o P G s ,.G 7+d G '^� o d o A a a o E Q. ee u n d p .,D- 0 a 3`donoi i^ Q. G co � ✓^PY 'A d 3o d.y eo C ea C?.Y G O G •-* N p• -O d, �' ✓ -e� d' on G G O 7" U ♦.. a A O O y G % tJ.31 A G O A ✓ O A �, '{'+ A .1'✓n U G 3 U J F A A 0 �.. N� •�✓ '� `' >'ci c 1 G E. .O v '✓ 3 6 ✓ �' O t: d G W v G r„r 70 i6 A o f w ,{. J A o1 6.[!� 6 J ✓J A A 55 .n O 6 ce GLr�1 Vy•Gp O mA,� i✓ f Ao> ,JO 0. �v� ce o oo ", OaO— A ¢ v y ati-✓ c LO V F ''�..�r•'y�7 A�A04 G A ei ., J a O am yO � � ✓ ✓ r Jrt � �'cd G � �' u v v y ✓ �� v, v G G •.n �� y F 6 O '� �'u, �G :O � � � � w 8 m �. OG .n .n o 'O�.,• v , Ln c s-O 'G � 4.,+ '-? 14 ia C3 O f. -. J v � cn � u ��o� '� � W o o �, �"., G .-i✓ � r, A A �v O' A � o y O, � �� G i o Q r- N 7 ✓ � 04y, c) '� v 0 v y � ✓ G n i �..� `'� O 6 ou '�• �+ o A 6 a' 3 IrkG n a .n .m r l 71 124181 Regulations 11,015 11,016 Regulations 71 tz-1111 (1 S "I,am" means any structure for result In a significant change in the normal ( impuundmg or arverunq water; maximum surface arca or the normal 't)The applicant is a(Citizen of the til Wiled S'tatCs,association of citizens (2)"FxtsUng dam"means any dam that has maximum, surface elevation of an existing Of the United States, domestic corporation, municipality, or state, as been completely cons(ructed; Impoundment;and appropriate,see 16 U-S.C.796). {3) "Existing impoundment" means any (iv) Does not, include any proposed new (5)(i) The statutory or regulatory requirements of the state(s) in which tx>,ly of water that an existing dam impounds; w.velopmenl or change in project operation the project Would be located and thaL affect the project as proposed, with 44 "In;tia; orense" means the first!,cense t,sat would result in a significant issued for a water power project under either ervtronm vial impact, respect to bed and banks and to the appropriation,diversion,and use of water the Federai Wi.ter Power Act of 1920 or the for power purposes,and with respect to the right to engage in the business of (G) "flew development" means any Federal Power Act, developing, transmitting, and distributing power and in any other business cunstructiun, Installation, repair, (5)"Major pr,aect—exist nr;Ilan" means a reconstruction,or Other change in the existing necessary Lo accomplish the purposes of the license under the Federal Power licensed or unlicensed, existing or proposed Act, are: (Provide citation and brief identification of the nature of each water lower project that, as proposed to be sla,e,>:;.m,cct works or appurtenant facilities, license inci,.ding any dredging and filling in project requirement; if the applicant is a municipality, the applicant must submit (i) wou.d have a Iota; installed generating waters;and Copies of app:icabie state and local taws or a municipal charter, or, if such capacity of more than 2,(X11 hp t i.5 M\V), (7) "New license" means any license for a laws or documents are not clear,other appropriate legal authority,evidencing (nl would not use the water power po;cntial +ater ;rower project that ,s muco under the that the municipality is competent under such laws to engage in the business provided by any dam except an existing gam, redera: Prwe:Act atter the wuial license for of developing,lransmitting,utilizing,or distributing power.] (Ott Dors nut Include any proposea repair or that projc,:t, except ars annual license issued reconstruction of an existing dam that would under section 15 of the Federal Power Act. (it)The steps which the appkcant has taken or plans to take to comply with each of the laws cited above are: (provide brief description for each law). (� lzT ,0.rl5-1 (6;The applicant must provide the name and address of the owner of any L is existing project facilities. If the dam is federally owned or operated, provide §4.51 Contents of application. the name of the agency. An application for license unuer this s.ii;part must contain the following information in the form specified.As provided in paragraph(f)of this section, (h}Exhibit is a description of the project.This exhibit need not include the appropriate Federal, state, and local resource agencies must be given the information project works maintained and operated the U.S. Army opportunity to comment on the prodosed project, prior to filing of the Corps o; Engin pneers, the Bureau of Reclamation, or any othh er department o o application for license for major project—existing dam. Information from the agency of the United States,except for any protect works that are proposed to t ' consultation process must be included in this F,xhibit E,as appropriate. be altered or moclified. If the project includes more than one dam with associated facilities, each dam and Lhc associated component parts must be (it) Initial statement. described together as a discrete deveiopment. The description for each Before the Federal Energy Regulatory Commission development musL contain: Applica lion for License for Mijur Project—Existing Dam (i) The physical composition, dimensions, and general configuration of, any dams, spillways, penstocks, powerhouses, tailraces, or other structures, (1) (Name of appiicant) applies :o the Federal Energy Regulatory whether existing or proposed,to be included as part of the project; Commission for a (license ur new :(cense, as appropriate) for the (name of project) water power project, as described in the attached exhibits. (Specify (2) The normal maximum surface area and normal maximum surface any previous FERC project number designation.) elevation(mean,sea level),gross storage capacity,and usable storage capacity (2)The location of the project is: of any impoundments to be included as part of the project; (3)The number, type, and rated capacity of any turbines or generators, State or territory: ... ................................................... whether existing or proposed,to be included as part of the project; County: ....................................................•............ (4) The number, length, voltage, and interconnections of any primary Township or nearby town: ............................................... transmission lines, whether existing or proposed, to be included as part of the Stream or other body of water: .,....,.................................... project(see 16 U.S.C.796(1 I)); (3)The exact name and business address of the applicant are: (5) The specifications of any additional mechanical, electrical, and ............................................................ transmission equipment appurtenant to the project;and The exact name and business address of each person authorized to act as (6) Ali lands of the United States that are cr. osrd Wallin the project boundary described under daragraph(h)of this section(Exhibit G), identified agent for the applicant in this application are: and tabulated by lega: subdivisions of a public land survey of the affecter' ................................ area or, in the absence of a public land survey, by the best available legal Federal Energy Regulatory Commission §4.51 1f 12,051 T 12,051 § 4.5'51 Federal Energy Guidelines M3 V GAS :I 71 12-1.81 Regulations 1-1,017 11,018 Regulations 71 12-1,81 description_The tabulation must show the total acreage of the lands of the (i)Commencement and completion of construction or installation; United States within the project boundary. (ii)Commencement of commercial operation;and (c)Exhibit B is a statement of project operation and resource utilization. (iii)Any additions or modifications other tnan routine maintenance;and If the project includes morc than one dam with associated facilities, the information must be provided separately for each such discrete development. (2) If any new development is proposed,a ollowi g schedule describing The exhibit must contain: the necessary work and specifying the intervals Following issuance of a license when the work would be commenced and completed. (t) A statement whether operation of the powerpiant wi;l be manual or automatic,an estimate of the annual plant factor,and a statement of how the (e)Exhibit D is a statement of costs and financing.The statement must protect will be operated during adverse,mean,and high water years; contain: (2) An estimate of the dependable capacity and average annual energy (1) If the application is for an initial license, a tabulated statement production in kilowatt-hours(or a mechanical equivalent), supported by the providing the actual or approximate original cost(approximate costs must be following data: identifiect as such)of: (i)The minimum, mean, and maximum recorded flows in cubic feet per (i)Any land or water right necessary to the existing project;and second of the stream or other body of water at the powerpiant intake or point (ii) Each existing structure and facility described under paragraph(b)of of diversion, with a specification of any ad;ustments made for evaporation, this section(Exhibit A), leakage, minimum flow releases (including e uration of releases), or other o reductions in available flow; a flow du.ation curve indicating the period of {2) I, the applicant is a licensee applying far a new license,and is not a recon and the gauging stations used in deriving the curve;and a specification muunici,)ality or a state,an estimate of the amount which would be payable if of the period of critical streamflow used to determine the dependable the project were to be taken over pursuant to section 14 of the Federal Power capacity; Act upon expiration of the license in effect fsee iG U.S.C.807],including: (,i)An area-capacity curve showing the gross storage capac;ty and usable (i)Fair value; storage capacity of the impoundment,with a rule curve showing the proposed (ii)Net investment;and operation of the impoundment and how the usable storage capacity is to be {iii}Severance damages. utilized; (iii)The estimated hydraulic capacity of the powerpiant(maximum flow (3) If the application includes proposals for any new development, a through the powerpiant)in cubic feet per second; statement of estimated costs,including; (iv)A tailwater rating curve;and (i) The cost of any land or water rights necessary to the new development;and (v) A curve showing powerpiant capability versus head and specifying maximum,normal,and minimum heads, (ii)The cost of the new development work,with a specification of: (3) A statement, with load curves and tabular data, if necessary, of the (A)Total cost of each major item, manner in which the power generated at the project is to be utilized,including (13) indirect construction costs such as costs of construction equipment, the arnouni of power to be used onsite,if any,the amount of power to be sold, camps,and commissaries; and the identity of any proposed purchaser s;and (C)Interest during construction;and (4) A statement of the addlicant's pians, if any, for future development of the project or of any other existing or proposed water power project on the f ) Overhead, construction, legal expenses, taxes, administrative and general expenses,and contingencies. stream or other body of water, indicating the approximate location and estimated installed capacity of the proposed developments- (4)A statement of the estimated average annual cost of the total project (d) Exhibit C is a construction history and proposed construction as proposed,specifying any projected changes in the costs over the estimated schedule far the project.The construction history and schedules must contain: financing or licensing period if the applicant takes such changes into account, including: (I) If the application is for an imtisi license, a tabulated chronology of construction for the existing prysects structures and facilities described under (i)Cost of capital(equity and debt); paragraph (b) of this section {Exhibit A), specifying for each structure or (ii)Local,state,and Federai taxes; facility, to the extent possioie, the actual or approximate dates(approximate dates must be identified as such)of: (iii)Depreciation or amortization;and Federal Energy Regulatory Commission 4.51 1112,051 is 12+051 §4,51 Fedora)Energy fiutda3jnes oox 11 I 'I n 12.181 Regulations 11,019 11,020 Regulations 71 12.1-81 (iv) Operation and maintenance expenses, including interim GO A description of existing water quality in the project impoundment replacements, insurance, administrative and general expenses, and and downstream water affectrd by the project and the applicable water contingencies. quality standards and stream segment classifications; (5)A statement of the estimated annual value of project power,based on (iii) A description of any minimum flow releases specifying the rate of a showing of the contract price for sale of power or the estimated average flow in cubic feet per second (cfs) and duration, changes in the design of annual cost of obtaining an equivalent amount of power(capacity and energy) ;project works or in project operation, or other measures recommended by the from the lowest cost alternative source, specifying any projected changes in ,,.;encies consulted for the purposes of protecting-or improving water quality, the cost of power from that source over the estimated financing or licensing including measures to minimize the short-term impacts on water quality of period if the applicant takes such changes into account. any proposed new development of project works (for any dredging or filling, refer to 40 CFR Part 230 and 33 CFR §§320.3(f)and 323.3(e)); - (b) A statement specifying the sources and extent of financing and (iv) A statement of the existing measures to be continued and new ar.n:ial revenues available to the applicant to meet the costs identified in measures proposed by the applicant for the purpose of protecting or improving paragraphs(e)(3)and(4)of this section. water quality, including an explanation of why the applicant has rejected any (f) Exhibit E is an environmental report. Information provided in the measures recommended by an agency and described under paragraph report must be organized and referenced according to the provisions of this (f)(2)-.iii)of this section; paragraph. If a request for information is not applicable, the applicant must (v) A description of the continuing impact on water quality of continued bnefly explain why it does not apply. The Environmental Report is prepared operation of the project and the incremental impact of proposed new after consultation with appropriate Federal,state and local resource agencies. development of project works or changes in project operation;and If any agency that an applicant is required to consult fails to consult or fails (vi)As an appendix,either: to provide documentation of the consultation process within a reasonable time after the applicant informs the agency of the proposed project and requests to (A)A copy of a water quality certificate(or agency statement that such consult, the applicant may submit a summary of the consultation or attempts certification is waived) as described in section 401 of the Federal Water to consult, including any recommendations of the agency. An applicant must Pollution Control Act (also known as the Clean Water Act) (see 33 U.S.C. ai:ow at least 60 days for this consultation and documentation, unless the 1341);or agency Indicates within that period that it has no comment. A list of agencies (B)A copy of a dated letter from thea applicant to the a to be consulted can be obtained from the Director of the Commission's pp appropriate agency requesting that certification. Division of Hydropower Licensing. The Environmental Report must contain the following information, commensurate with the scope of the proposed (3) Report on fish, wildlife, and botanical resources. The report must discuss fish,wildlife,and botanical resources in the vicinity of the project and project: the impact of the project on those resources. The report must be prepared :n (1) General description of the Jocale. The applicant must provide a consultation with any state agency with responsibility for fish, wildlife, and general description of the environment of the project and its immediate botanical resources, tate U.S. Fish and Wildlife Service, the National Marine vicinity. The description must include general information. concerning Fisheries Service(i£the project may affect anadromous fish resources subject climate, topography, wetlands, vegetative cover, land development, to that agency's jurisdiction), and any other state or Federal agency with population size and density,the presence of any floodplain and the occurrence managerial authority over any part of the project lands.Consultation must be of flood events in the vicinity of the project,and any other factors important documented by appending to the report a letter from each agency consulted to an understanding of the setting. that indicates the nature, extent, and results of the consultation. The report AM must include: (2) Report on water use and quality. The report must discuss the consumptive use of project waters and the impact of the project on water (i) A description of the fish, wildlife, and botanical resources of the quality. The report must he prei,ared in cunsultation with the state anc! project and its vicinity, and of downstream areas affected by the project, Federal agencies with responsibi.:ty for management of'vrater quality in the including identification of any species listed as threatened or endangered by affected stream or other body of water. Consultation must be documented by the U.S.Fish and Wildlife Service(See 50 CFR 17.11 and 17.12); appending to the report a letter from each agency consulted that indicates the (ii) A description of any measures or facilities recommended by the nature,extent,and results of the consultation.The report must include: agencies consulted for the i,itigatiun of impacts on fish, wildlife, and (i) A description (including spce:fied volume over time) of existing and botanical resources,or for the protection or improvement of those resources; proposed uses of project waters for irrigation, domestic water supply, steam- (iii) A statement of any existing measures or facilities to be continued or electric plant,industrial,and other consumptive purposes; rtmaintained and any measures or faciiities proposed by the applicant for the Federal Energy Regulatory Commission 4.51 ¶ 12,051 ii 12,051 §4.31 Federal Energy Guidei{nes oTi-12 WS ]l 71 12-1-81 Regulations 11,021 11,022 Regulations 71 12.1-81 mitigation of impacts on fish, wilJ;ife, and botanical resources, or for the to implement anu an explanation of why the applicant rejects any measures protection or improvement of such resources, including an explanation of why recommended by an agency. the applicant has rejected any measures or facilities recommended by an (hi) The following agency and described under paragraph(f)(3)(ii)of this section. ) g materials anti information regarding the survey and salvage activities described under paragraph(f)(4)(ii)of this section: (iv) A description of any anticipated continuing impact on fish, wildlife, , and botanical resources of continued operation of the project, and the (A)A schedule for the activities,showing the intervals following issuance incremental impact of proposed new development of project works or changes of a license when the activities would be commenced and completed;and in project operation;and (B)An estimate of the costs of the activities,including a statement of the (v)The following materials and information regarding the measures and sources and extent of financing. facilities identified under paragraph(f)(3)(iii)of this section: (5) Report on recreational resources. The report must discuss existing (A) Funct;onal design drawings of any fish passage and collection and proposed recreational facilities and opportunities at the project. The facilities, indicating whether the facilities depicted are existing*or proposed report must be prepared in consultation with lora{, state, and regional (these drawings must conform to the specifications of §4.32 regarding recreation,agencies and;Manning commissions, the U.S.Heritage Conservation dimensions of full-sized prints,scale,and legibility); and Recreation Service, and any other state or federal agency with i ianagerial authority over any part of the project iands.Consultation must be (B) A description of operation and maintenance procedures for any documented by appending to the report a letter from each agency consulted existing or proposed measures or facilities; indicating the nature,extent,and results of the consultation.The report must (C) An implementation ar construction schedule for any proposed contain: measures or facilities, showing the intervaia following issuance of a license (i) A description of any existing recreational faeiilties at the project, when implementation of the measures or construction of the facilities would be indicating whether the facilities are available for public use; commenced and completed; (ii) An estimate of existing and potential recreational use of the project (D)An estimate of the costs of construction,operation,and maintenance, area,in daytime and overnight visits; of any proposed facilities, and of implementation of any proposed measures, including a statement of the sources and extent of financing;and (iii) A description of any measures or facilities recommended by the agencies consulted for the purpose of creating, preserving, or enhancing (Y.) A map or drawing that conforms to the size, scale, and legibility recreational opportunities at the project and in its vicinity (including recawrements of§4.32 showing by the use of shading,cross-hatching,or other opportunities for the handicapped),and for the purpose of ensuring the safety symbuis the identity and location of any n.easures or facilities,and indicating of the public in its use of project lands and waters, whether each measure or facility is existing or proposed(the map or drawings (iv) A statement of the existing measures or facilities to be continued or in this exhibit may be consolidated). maintained and the new measures or facilities proposed by the applicant for AM (4) Report on historical and archeological resources. The report must the purpose of creating,preserving,or enhancing recreational opportunities at discus., tt.e historical and archeologicai resources in the project area and the the project and in its vicinity,and for the purpose of ensuring the safety of the irnpact of the project on those resources. The report must be prepared in public in its use of project lands and waters, including an explanation of why consultation with the S;atc Historic Preservation Officer and the U.S. the applicant has rejected any measures or facilities recommended by an Heritage Conservation and Recreation Service. Consultation must be agency and described under paragraph(f)(5)(iii)of this section,and documented by appending to the report a letter from each agency consulted (v)The following materials and information regarding the measures and that indicates the nature, extent, and results of the consultation. The report facilities identified under paragraphs(f)(S)(i)and(iv)of this section: must contain: (i) ident£ication of any sites either listed or determined to be eligible for (A) identification of the entities responsible for implementing, inclusion in the ,sFationai Register of iiisturic Places that are located in the constructing, operating, or maintaining any existing or proposed measures or project, area, or that would ue of fected b operation of the project or h new Facilities; ( }' Y t ' " p 1 Y development of project facilities(including facilities proposed in this exhibit); (B) A schedule showing the ictervais following issuance of a license at (ii) A description of any measures recommended by the agencies which implementation of the measures or construction of the facilities would consulted for the purpose of locat.ng, identifying, and salvaging historical or be commenced and completed; archaeological resources that would be affected t,v operation of the project,or (C) An estimate of the costs Of construction,operation,and maintenance by new development of procet facihties (including facilities proposed in this of any proposed facilities, including a statement of the sources and extent of exhibit), together with a statement of what measures the applicant proposes financing; Federal Energy Regulatory Commission §4.51 i` 12,051 12,051 §4.51 Federal Energy Guide;ined DOS :l ON 22 71 11-1-111 Regulations 1r3 11+024 Regulations (D) A map or drawing that conforms to the size, scale, and legibility (g) Exhibit F consists of general design drawings of the principal project requirements of§4.32 showing by the use of shading,cross-hatching,or other works described under paragraph (b) of this section (Exhibit A) and symbols the identity and location of any facilities, and indicating whether supporting information used to demonstrate that existing project structures each facility is existing or proposed(the maps or drawings in this exhibit may are safe and adequate to fulfill their stated functions. be consolidated);and (1) The drawings must show all major project structures in sufficient (vi) A description of any areas within or in the vicinity of the proposed detail to provide a full understanding of the project,including: project boundary that are included in, or have been designated for study for (i)Plans(overhead view); inclusion in, the \'..tiunal Wild and Scenic Rivers System, or that have been (ii)Elevations(front view);and designated as wilderness arca, recommended for such designation, or designated as a wilderness study area under the Wilderness Act. (iii)Sections(side view). (6) Report on land management and aesthetics, The report must discuss (2)Supporting design report.The applicant must furnish,at a minimum, the management of land within the proposed project boundary, including the following supporting information to demonstrate that existing structures wetlands and fiooclpiains, and the protection of the recreational and scenic are safe and adequate to fulfiil their stated functions, and must submit such values of the project.The report must be prepared following consultation with information in a separate report at tate time the application is filed. The local and state zoning and land management authorities and any Federal or report must include: state agency with managerial authority over any part of the project lands. (i) A description of the physical condition or state of maintenance and Consultation must be documented by appending to the report a letter from repair of any existing and proposed structures or equipment;and each agency consulted indicating the nature, extent, and results of the iii) Information relating to composition and competency of foundations consultation.The report must contain: and other structures, gradation of filter and riprap material, design strength (i) A description of existing development and use of project lands and ail and ultimate strength of concrete and steel, stress and stability analysis, other lands abutting the project impoundment; spillway rating curves,water levels,and Other appropriate data. (ii) A description ;f the measures proposed by the applicant to ensure (3)The applicant must submit five copies of the supporting design report that any proposed project works, rights-of-way, access roads, and other as described in subparagraph (2) of this paragraph (rather than the fourteen a topographic alterations blend, to the extent possible, with the surrounding copies required under §•1.31(b) of the Commission's regulations) at the time QO envirunrnerit;(see,e.g.,44 1:.P.C, 1496,et seq.); general design drawings are submitted to the Commission for review. (iii) A description of wetlands or floodplains within, or adjacent to, the (h) Exhibit G is a map of tie project. The map must conform to the prujcct boundary,any short-term or long-term impacts of the project on those specifications of §4.32. If more than one sheet is used, the sheets must he wetlands or flooiplains, and any mitigative measures in the construction or numbered consecutively and each sheet must bear a small inset sketch uperaLion of the project that minimize any adverse impacts on the wetlands or showing the entire project (or devciopment) and indicating the portion fiaxiplains; depicted on the sheet.The map must show: i,iv, A statement, including an analysis of costs and other constraints,of {1) Location of the project and principal features. The map must show the appi,cant's abiiay to provide a buffer zone around all or any part of the the location of the project as a whole with reference to the affected stream or Impoundment, for the h.rrpose of ensuring public access to project lands and other body of water and, if possible, to a nearby town or any permanent waters and protecting the recreational and aesthetic values of the monuments or objects, such as roads, transmission lines or other structures, impoundment and its shoreline; that can be noted on the map and recognized in the field, the map must also show the relative iocanom and phvsicai interrelationships of the principal (i°! A description of the applicant's policy, if any, with regard toproject works and other features described under paragraph(h)of this secii in permitting &%'dupment of piers, docks, boat landings, bulkheads, and other (Exhibit A). shoreline facilities on project lands and waters;and (2) Project huundanV. The map must show project boundar}�enchisutg (vii Maps or drawings that coliform to the size, scale and legibility all of the principal protect works anti other features dcsrrilwd under requirements of §432, or phutographs, sufficient to show the location and paragraph (b) of this scetion tExhibit At, The boundary must enclose only nature of the measures prUlwsed under paragraph (f)(6)(ii) of this section those; lands necessary for operatxm and maintenance of the protect and for (maps or drawings in this exhibit may be consolidated), odher project purposes, such as recreation, ,horcline control, or protection, of environmental resources (.see paragraph (f) of this section (Exhibit E.)).(7) List of literature. The report must include a list of all publications, reports, and other literature wloiri were cited or otherwise utilized in the i;x,isting residential, commercial, ur other structures may be included within preparation of any part of the environmental report tthe boundary only to the extent that underlying ;ands are ncedol for project Federal Energy Regulatory Commission §4.51 f 12,051 1, 12,051 § 4.51 Federal Energy Guidelines dw 71 1 t t 71 12.1-81 Regulations 11,025 11,026 Regulations 71 12,1-81 purposes(e.g.,for flowage,public recreatlon,shoreline control,or protection of (i) By legal subdivisions of a public lanai survey of the affected area (a environmental resources). If the boundary is on land covered by a public land protraction of identified township and section lines 45 Sufficient for this survey,ties must be shown on the map at sufficient points to permit accurate purpose); platting of the position of the boundary relative to the lines of the public land (ii)By the Federal agency,identified by symbol or legend if desired,that survey. If the lands are not covered by a public land survey the best available maintains or manages each identified subdivision of the public land survey legal description of the position of the boundary must be provided, including within the project boundary;and distances and directions from fixed monuments or physical features. The (iii) In the absence of a public land survey,by the location of the Federal boundary must be described as follows: lands according to the distances and directions from fixed monument~ or (i) Impoundments. (A) The boundary around a project impoundment physical features.When a federal survey monument or a Federal hunch mark may be described by any of the following: will be destroyed or rendered unusable by the construction of project works,iii least two permanent, marked, witness monuments or bench marks must he {1}Contour lines,including the contour elevation(preferred method); established at accessible points. Tire maps must show the location (and (2)Specified courses and distances(metes and bounds); elevation,for bench marks)of the survey monument or bench mark which wi 1 (J) If Cie project lands are covered by a public land survey,lines upon or be destroyed o, rendered unusable, as wei, as of the witness monuments or parallel to the lines of the survey;or bench marks. Connecting courses and distances from the witness monuments or bench marks to the original must also be shown. (4)Any combination of the above methods. (4) Nun-Federal hands. For those lanais within the project boundary not (B) The boundary must be located no more than 200 feet (horizontal identified under paragraph (h)(3) of this section, the map must identify by measurement) from ,he exterior margin of the reservoir, defined by the legal subdivision: normal maximum surface elevation, except where deviations may be (i) Lands owned in fee by the applicant and lands that the applicant necessary in describing t;e boundary according to the above methods, or where additional lands are necessary for project purposes, such as public pians to acquire in fee;and recreation,shoreline control,or protection of environmental resources. (it) Lands over which the applicant has acquired or plans to acquire (ii) Continuous features. The boundary around linear ("continuous") rights to occupancy and use other than fee title, inciuding rights acquired or to be acquired by easement or lease. project features such as access roads,transmission lines,and conduits may be described by specified distances from center lines or offset lines of survey.The .01 lntruductory paragraph,46 F.R 55926 an instrument in writing,ceruticd copy of such width of such corridors must not exceed 200 feet, unless good cause is shown (Novemfier 13, 1'361), subsection(a),40 F R instrument,or in lieu thereof,if such a cony is for a greater width.Several sections of a continuous feature may be shown on 55245(Novcrnlwr 9, 1=)231.),subsection(h)-(c), of record in airy. department of the United 44 F R 67644 tNo,embcr 27, 1979), States Government at Washmgton, a state AM - a single sheet.,with information Showing the sequence of contiguous sections, suiisectwn (f), Ori F R 55926(November 13, meni iii that effect and reference thereto (iii) Noncontinuous features. (A) The boundary around nonconttnuous hast), subsection (g),46 F.R W27(January Exhibit Q A siatement setting forth a brwf project works such as dams,spillways,and powerhouses may be described by: 2$,1981) history of clic project works already.05 ,tt;sroricat record.—Section 4.51 constrt;ctea, giving time of commencemeni (I)Contour lines; originated in 12 F.R.8485(12/19/47),and and of completion of construction of the was amended in 44 F.R.61328(10/25/79), several parts thereof, [late of commencement (2)Specified courses and distances; effective 11/26/79, of operation,anu method of financing. Section 4.51,appearing in 44 F.R.61328 CRon itr:rttxr.ut t:: Fur specifications for (3) If the project lands are covered by a public land survey,lines upon or (10/25/79), effective 11/26/79, read as ,frau cgs,see§4.32 parallel to the lines of the survey;or follows until its amendment in 44 F,R. The introductory paragraph to Section 67644(11/27/79),effective l/1/80: 4.51,appearing in 44 F.R.67644(11/27/79), (4)Any combination of the above methods, Sec.4,51 Additional exhibits. effective i/l/80,read as follows until it was (B) The boundary must enclose only those Lands that are necessary for The failawixig additional exhibits shalt be amended in 46 F.R. 55926 (11/13/81), r safe and efficient operation and maintenance of the project, or for other furnished. effective 12/14/81: Exhibit P. A statement of the nature and Each appticatsur, for a License for a major specified project purposes, such as public recreation or protection of character of the permit,nght-of•way,or other product--existing dam must be prepared after environmental resources. authority,if any isee sec.23(a),49 Stat_846, consultation with the appropriate state public (3)Federal lands.Any public lands and reservations of the United States 16 U S.C. 816;, claimed to be held by.the service commission or board and the other applicant. This statement shall be Federal,State,and local agencies specified in (see 16 U.S.C. 796(1) and (2)/ ("federal lands") that are within the project accompanied by copses of or ap;iropriate this section.The applicant may obtain a fist of boundary,e.g_,lands administered by the U.S. Forest Service,Bureau of Land references to the tegis:ative authority, if any, agencies to be consulted from the Director of Management, National Park Service, or Indian tribal lands, and the by or under which such permit, right-of-way, the Commission's Division of License," boundaries 01 those Federal lands,must be identified on the map: or authority was acquired,and if granted by Projects Each application must include an Federal ao rt. Energy Regulatory Commisslon �4.51 -1112,051 112,051 §4.51 Federal Energy Guide3net oto iv 71 12-1-81 Regulations 11,027 11,028 Regulations 71 12-1-81 initial statement and lettered exhibits Before the Federal Energy Regulatory as follows until it was amended in 46 F.R. whether each structure depicted is existing or Containing the following information and Commission 55926(11/13/81),effective 12/14/81: proposed. _ - documents Application for License for Major Projecl— (f) Exhibit E is an environmental report. (2)Detailed working drawings that chow the Subsection (a), appearing in 44 F.R. Existing Dam The report must be prepared in consultation precise plans and specifications 67644 (11/27/79),effective 1 1 80, read as (1) (Name of applicant.) applies to the with local, stale, and Federal agencies with s Pnttl for proposed / / 11 PV structures should not be filed with the follows until it was amended in 46 F.R. Federal Energy Regt.:atnry Commission fora expertise in environmental matters.The names application, but must be prepared for clic 9027(1/28/81),effective 2/27/81: (license or new license,as appropriate)for the and, addresses of these agencies may be (a)Initial statement. (name of project) water power project, as obtained from the Director, Division of purjwses of construction and, if a license is Before the Federal Ener Regulatory described in the attached exhibits. (Specify Licensed projects I( any agency that an issued and construction ensues, retained as Energy g rY a permanent project records. Commission any previous FERC project number applicant is required to consult falls to provide 1 j designation.) to the applicant timely documentation of the (3) The general design drawings required Application for License for Major Project— consultation process as set forth in this under thisparagraph must show plans ExistingDam (2)The location of the project is: paragraph, the applicant may submit a (overhead view), elevations ((root view), (1) (Name of applicant) applies to the State or territory: .......................... summaryof the consultation and the profiles Federal Energy Regulatory Commission for a County. ....... V (side view), and sections for each """"""""""� "� recommendations of the agency. Information principal project work.The drawings must be (license or new license•as appropriate) for the Township or nearby town:................... provided in the report must be organized and accompanied by a description of the physical (name of project) water power project. as Stream or other body of water. ..... ....... referenced according to the provisions of this condition or state of maintenance and repair of described in the attached exhibits. (Specify (3)The exact name and business address of paragraph.If a request for information is not any structures or equipment and by sufficient any previous FERC project number the applicant are: applicable, the application must explain information relating to composition and designation.) ....................I........ ...., .... briefly why it does not apply. The (2)The vocation of the project is: The exact name and business address of each environmental report must contain the competency of foundations and other State orterritory. .......... .. ...... .. person authorized to act as agent for the following elements structures, gradation of filler and nprap Subsection material, design strength and ultimate County ...... .............. applicant m this application are. (g), appearing m 44 F.R. p nearby town........... 67644 (11/27/79),effective I/l/80, read as strength of concrete and steel, stress and Townshi ......... ......�P......... ...... Stream or other body of water ..... ....... (4)Thea applicant is a(citizen of the united follows until it was amended : 46 F.R. Standarity analyses,the project design flood(and States, association of citizens of the United 9027(1/28/81),effective 2/27/81: Standard Project Float or Probable Maximum at Ttie exact name and business address of States, domestic corporation, municipality, or (g) Exhibit F consists of general design Flood, if different, from the design flood) used the applicant are: for stabiirt analysis, spillway ratio curves, state,as appropriate,see 16 U S.0 7cX�). drawings of the principal project works 1' Y� P Y R described under paragraph(b) of this section water levels, and other controlling factors to Tncexact name and business address oteach (5)(i) The statutory or regulatory (Exhibit A) demonstrate that the structures are safe and requirements of the statc(s) in which the en person authorized to act as agent for the project would be located and that affect the (1) The drawings must conform to the adequate to fulfill their staled(unctions. CD applicant in this application are. specifications of 4.32 and must indicate project as proposed with respect to tied and � . .• banks and to the appropriation,diversion,and (4)The applicant is a tatizen of the United use of water for power purposes, and with States, association of citizens of the United respect to the right to engage in the business of Stales, domestic corporation, municipality,or developing, transmitting, and distributing state,as appropriate,see 16 U S C 746) power and in any other business necessary to (5)li) The statutory or regulatory accomplish the purposes of the license under requirements of the state(s) In which the the Federal Power Act are. (provide citation project would be located and that affect the and brie(identification of the nature of each project as proposed with respect to bed and requirement). banks and to the appropriation,diversion,and (u)The steps which the applicant has taken [The next page is 11,031.] use of water for power pur,ores, and with or plans to take to comply with each of the respect to the right to engage in the business of laws cited above are:(provide brief description developing, transmitting, and distributing for each law) power and in any other business necessary to (6) The applicant must provide the name accomplish the purposes of the license under. and address of the owner of any existing the Federal Power Act are (provide citation project facilities.If the dam is federally owned and brief identification of the nature of each or operated,provide the name of the agency requirement) Subsection (f), appearing in 44 F.R. (i;)The steps which the applicant has taken 67644 (11/27/79), effective 1/1/80, was or plans to take to comply with each of the amended in clause (6Xii) in 46 F.R. 9027 laws cited above are:(provide brief description (1/28/81), effective 2/27/81, by removing for each law) the term "(see, e.g.,44 CFR Part 1491,et Subsection(a),appearing in 46 F.R.9027 sept",and by inserting in lieu thereof the effective 2/27/81,read as follows term"(see,e.g.,44 F.P.C.1496,et seq.)". until it was amended in 46 F.R. 55245 Subsection(f),appearing in 46 F.R.9027 (11/9/81),effective 10/29/81: (1/28/81), effective 2/27/81, was amended (a)Initial statement. in its introductory paragraph, which read Federal Energy Regulatory Commission §4.51 ¶ 12,051 ¶ 12,051 §4.51 Federal Energy Guidellnes 009 51 52, 3o