akenergyinventory.orgakenergyinventory.org/hyd/fer-1999-0340.pdf · • --• • • • • •...

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BEFORE THE FEDERAL ENERGY

REGULATORY COMMISSION

ApPLICATION FOR LICENSE FOR A MINOR

WATER POWER PROJECT, VOLUME 2

OLD HARBOR PROJECT

FERC PROJECT No. 11690-000 AND No.

11561-000

April 26, 1999

Submitted by ALASKA VILLAGE ELECTRIC COOPERATIVE, INC.

4831 EAGLE STREET

ANCHORAGE AK 99503-7497

prepared by

polarconsult alaska, inc. 1503 West 33rd Avenue, Suite 310

Anchorage, Alaska 99503 Phone: (907) 2582420

License Application and Draft Environmental Assessment Old Harbor Project, FERC # 11690-000

VOLUME 2

Appendix C . List of Correspondence included with this EA Copies of Correspondence

Appendix D Comments from National Marine Fisheries Service, January 27 1999 Comments from United States Department of the Interior, March 11 1999

EXHIBITS F and G Cover/Project Map Figure G-l,

Figure G-2, Legal Description of Lands Occupied by the Project and the Required Access Routes

Figure F-l, Figure F-2, Figure F-3, Figure F-4, Figure F-5, Figure F-6, Figure F-7, Figure F-8, Figure F-9, Figure F -10,

April 26, 1999

Project Layout Pipeline Plan And Profile Pipeline Plan And Profile Pipeline Plan And Profile Pipeline Plan And Profile Pipeline Plan And Profile Pipeline Plan And Profile Intake, Truss Bridge, and Pipeline Details Powerhouse Site Plan, Bridge, and Access Trail Details Powerhouse Details

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Draft Environmental Assessment Old Harbor Project, PERC # 11690-000

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APPENDIXC

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Old Harbor Project

Project No. 11690000

Communications Log 4126/99

NOOF

TO TO ORGANIZAnON FROM ORGANIZATIONFROM DATE PAGES DESCRIPTION

preliminary permit application acceptance

Charles Walls Electric Coo""ralivt> Inc'_~..~t-- .~~__ Federal Commission 3/30/99 3 letterAlaska ~~'::::'=-'--~---No comments fax from Alaska Hydrologic

Daniel Hertrich Alaska Department ofNatural Resources 311 /99 isurveyPolarconsult ~____.______~_ Federal EllergyReguiaiorY-com~ission 12/31198 __ _ ~otice ofav

I I I I t I ,

Communications Log Old Harbor Project 4/26/99

Project No. 11690-000

TO

Daniel Hertrich

Earle Ausman

Charles Walls

Wayne Dolezal

Daniel Hertrich

Participants

Walter Ebell

ACMP reviewers

Participants

The Secretary

Michael Strzelecki A VEC Members

Charles Walls ACMP reviewers Arlene Murphy

The Secretary Earle Ausman

The Secretary

Mark Robinson

Earle Ausman

The Secretary

TO ORGANIZA nON FROM FROM ORGANIZA nONI -------,--~-

. Polarconsult Wayne Dolezal IAlaska{)ep.'lrt.ment ofFisha~d Game

I Polarconsult IWayne Dolezal I Alaska of Fish and Game .. _--------- ----

I Alaska Village Electric Cooperative, lilt: ILarry Brockman Environmental Protection_.A~ency

IAlaska Department ofFish and Game -~-

" Polarconsult

lJamin, Ebell, Bolger, and

Federal Energy Regulatory Commission Federal Energy Regulatory

Alaska Village Electric

Division of Govemmental Coordination

IFederal Energy Regulatory Commission Polarconsult

I Federal Energy Regulatory Commission

I Federal Energy Regulatory Commission

I Polarconsult

IFederal Energy Regulatory Commission

iDaniel Hertrich \POlarconsult-1

IRonald Morris IU.S. Department of Commerce, NOAA

__ [Daniel Hertrich IPolarconsult

iTillery._ i Department of Law

Division of Governmental Coordination

[Daniel Hcrtrich ' Polarconsult

IArlene Murphy

I

jDaniel J1ertric~... IpolarConSult

Om" ".";'"-1"""'"'""Charles Walls Alaska

US Department us Fish and [Wildlife Service

jArieneMurPhy -Division of Governmental Coordination iEarle Ausman ,Polarconsult

.~Ronald Morris . W-s Del'8rtment NOAA

Secretary Federal Energy

JSecretary

Management

Federal Energy Re_gulatory _ColTlmission '1 Secretary

Alaska Department of Fish and Game Iwayne Dolezal

Harbor Tribal Council

Page 20f3

DATE

9118/97

8113/97

712197

612/97

4/9/97

2/19/97

217197I

12/2/96

9/23/96

9/12/96

9/12/96 8/8/96

7/31/96

4115/96 3/29/96 3/20/96 3/14/96 3111/96

2/22/96

2/8/96

1119/96

1118/96

12/8/95

i 1217195

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DESCRIPTION comments regarding the comm protocol and waiver items

- -_.. comments regarding the comm protocol and

waiver items Response to notice

Icomments regarding the comm protocol and waiver Items

._.- --- Approval of Communications Protocol requested. comm protocol, approval fonn, an j"" of port;""''', ,""hod

_ land issues, changes re_quired in covenants correction to comm protocol, copy of notice 0 apea process to reviewers draft -com protocol, list of parties, -draft com

cover leiter for progress report I

of intent to do apea proces

(fiSh concerns

Iorder _ preliminary penn it ._. regarding land issures, other comments to preliminary permit acknowledge receipt of preliminary penn it,

Iland status

1';-""";0" '0' "m~". '" "",m" on",acknowledge receipt ofpreJiminary perm ii,

fish concerns & wildlife concerns

l!esolution supporting project

Iresolution supporting project

I a , , I I , , Communications Log Old Harbor Project 4/26199

Project No. I J690-000

TO Earle Ausman Earle Ausman The

TO ORGANIZATION Polarconsult'

FROM

Earle Ausman

! l' NOOF ____!.It~M ORGANIZATlONLDA~ . PAGES

Federal Energy Regulatory Commission I 1217195 Fede~ai Energy Regulatory CommisSlon-PolarconsUit--~---

DESCRIPTION of preliminary permitfilj-;,-gofreiimjn~i~ermii.filirlg---

permit application

Page 3 of3

FEDERAL ENERGY REGULATORY COMMISSION

WASHINGtON. D. C. 2o.&~6 " ' ... ~, .

MAR 3 0 1999 OfFICE OF HVDROPOWER LICENSING-

project No. 11690-000-Alaska Old Harbor Project Alaska Village Electric .Cooperative , Inc.

Mr. Charles Y. Walls - General Manager Alaska Electr:ic. Cooperative, Inc.

4831 Eagle Street- Anchorage, Alaska 99503-7497

Dear Mr. Walls:

Your preliminary permit application for the Klamath County

Water Power Project has been accepted by the Commission for filing as of March 1, 1999. Federal, state l and local agencies will be informed in the Commission's public notice that a copy of the complete application may be obtained from you.

Within 5 days after you receive this letter, send one copy - of the application to the following: the Commission1s Portland Regional Office; the Department of the :nterior. Office ot Environmental Affairs; the U.S. Army Corps of Engineers, Portland District; the Dir.ec::t:or, Bureau of Land Managrn:nem: i .:..nd 'i:.he Alaska -Director, Bureau of Land Management. A list of chair addresses is enclosed.

Since your project includes federal lands within its

boundaries, please complete the appropr~ate 9Lclosed land description form and prepare a microfilm copy of the permit application's Exhibit 4 mounted on apert~re cards (as referenced on the land description form). If the lands can be described in the Rectangular Survey System, complete the =orm for public land states; if not, complete the for.m for non-pUblic land states. Submit one copy of the land description form and aperture cards to the Secretary of the Commission (ATTN: DLe, ijL 11.1) and an additional copy of both to the Alaska Bureau of Land Management state office within 45 days of the date of this letter.-

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-If you have any questions, please contact Hector M. Perez on

(202) 219-2B43.-Sincerely,

- James M. Fargo Chief

Engineering West Section

cc: Public Files Enclosures;

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list of addresses land description forms

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LIST OF ADDRESSES

Federal Energy Regulatory Commission ~ortland Regional Office 101 S.W. Main Street, #905 - Portland, O~ 97204

Department of the Interior Office at Environmen.tal Affairs Room :2340 MB 1849 C Street, NW

Washington, DC 20240

.. u. S. Army Corps of Engilleers Portland District P.O. Box 2946 Portland, OR 97.208- 2946

State Director Alaska State Office Bureau of Land Management Division of Lands and

Renewable Resources (AK-930)

Attn: FHRC Withdrawal Recordation

222 West 7th Avenue, #J.3

Anchorage, AX 99513-7599

Director Bureau of Land Management

Branch of Lands

Attn: FERC Wi~hdrawal Recordation

7450 Boston Blvd.

Springfield, VA 22153

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.. Alaska Departmenr d NATURAL .. RESOURCES

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DIVISION OF MINING AND WATER MANAGEMENT ALASKA HYDROLOGIC SURVEY

3801 C Sl, Suite 800 Anchorage, Ak. 99803-5135

Phone: (I07}289-8600

FAX TRANSMITTAL MEMO

.. TO: Daniel Hertich DATEITIME: 0310119910:32 AM

COlDEPT: Polaroonsult Alaska. Inc. FAX ##: 258-2420 PHONE #: 2582419

FROM: Stan CarriC'X, Hydrologist PHONE t: (907)269-8637 DIVISION OF MINING AND WATER MANAGEMENT FAX If;: (901)562-1384

NUMBER OF PAGES INCLUDING THIS COVER SHEET: 1

IF YOU DO NOT RECEIVE AU PAGES. PLEASE CALL THE SENDER AS SOON AS POSSIBLE COMMENTS:

.. - lliave reviewed the Preliminary Draft Environmental Assessment for the Old Harbor Hydroelectric

Project dated December 15, 1998, and we have no comments at thIs time. Thank you for including us in the review process.

~ /") r.->~~~:iIt:..- Stan Carrick

Hydrologist .. -..

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I I a I I I I I UNITED STATES OF AMERICA


NOTICE OF DRAFT LICENSE APPLICATION,

PRELIMINARY DRAFT ENVIRONMENTAL ASSESSM~NT (PDEA), AND

SOLICITING PRELIMINARY TERMS, CONDITIONS, ru~D RECOMMENDATIONS

(December 31, 1998)

Take notice that the following hydroelectric application has been filed with the Commission and is available for public inspection:

a. Type of Application: Minor Unconstruct~d Project

h. Project No.: 11561-000

c. Applicant Alaska Village Electric Cooperative, Inc. Anchorage, Alaska

d. Name of Project: Old Harbor Hydroelectric Project

e. Location: Partially within the Kodiak National Wildlife Refuge, on Mountain Creek, a tributary to the East Fork of Barling Creek, near Old Harbor, Alaska.

f. Applicant Contact: Mr. Dan Hertrich

polarconsult Alaska, Inc.

1503 West 33rd Avenue

Anchorage, AK 99503

(907) 258-2430

g. FERC Contact: Nan Allen (202) 219-2938

h. Polarconsult Alaska, Inc., mailed a copy of the PDEA and draft license application to interested parties on December 15, 1998. The Commission received a copy of the PDEA and Draft License Application on December 21, 1998.

i. As noted in the Commission's February 25, 1998, letter to all parties, with this notice we are soliciting preliminary terms, conditions, and recommendations for the PDEA and comments on the draft license application.

j. All comments on the PDEA and draft license application for the Old Harbor Project should be sent to the address noted above in item If) with one copy filed with the Commission at the following address:

OC-A-14

Project No. 11561-000 - 2

David P. Boergers, Secretary Federal Energy Regulatory Commission Dockets - Room IA BBB First Street Washington, DC 20426

All comments must (1) bear the heading "Preliminary Comments", 'Preliminary Recommendations", "Preliminary Terms and Conditions", or Preliminary Prescriptions"; and (2) set forth in the heading the name of the applicant and the project number of the ication. Any party interested in commenting must do so March IS, 1999.

k. With this notice, we are initiating consultation with the STATE HISTORIC PRESERVATION OFFICER (SHPO), as required by 106, National Historic Preservation Act, and the regulations of the Advisory Council on Historic Preservation, 36 CFR 800.4.

Linwood A. Watson, Jr.

Acting Secretary

polarconsult alaska, inc.

E:"JGINEERS SURVEYORS. ENERGY CONSULTANTS Project No. 11561-000 -

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Old Harbor Project

December 15, 1998

To: PARTICIPANTS

Subject: Preliminary Draft Environmental Assessment

Enclosed is a draft application for license and Preliminary Draft Environmental Assessment (PDEA) for the Old Harbor Hydroelectric Project, prepared by Polarconsult Alaska, Inc., on behalf of the Alaska Village Electric Cooperative, Inc. (A VEC). These documents are part of the stage II consultation required by the Federal Energy Regulatory Commission regulations (18 CFR 4.38).

Please review the draft application and provide Polarconsult with your written comments no later than March 15 1999. It is important that we receive your comments by this date so we can incorporate them into the draft application and PDEA before we file it with the Commission. In addition to comments on the draft application and PDEA, we are requesting preliminary terms, conditions, and recommendations from the resource agencies for the PDEA.

The draft application and PDEA have been distributed to the parties on the attached mailing list. If you need additional copies, please let us know.

Please call us as soon as possible if you have any questions concerning the documents. Thank you for your comments and interest in the Old Harbor Hydroelectric Project.

Sincerely,

y~;/~ Daniel Hertrich, PE

cc: Nan Allen Brian Anderson Tony Azuyak Jay Bellinger Rick Berns Walt Boyle John Bregar Lois Cashell, Secretary Emil Christiansen Wayne Dolezal

Walter Ebell Christopher Estes Linda Freed U. Gross Steven Hom Don Kohle Shirley Macke Brad Meiklejohn Eric Meyers Gary Prokosh Bennie Rinehart

Tim Rumfelt Tim Smith Brad Smith Rita Stevens Dan Vos Charles Walls Gary Wheeler John Williams Jennifer Wing

1503 WEST 33RD AVENUE. SUITE 310 ANCHORAGE. ALASKA 99503 PHONE (907) 258-2420 TELEFAX (907) 258-2419

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polarconsult alaska, inc. Project No. 11561-000 I=IIJGINEERS SURVEYORS ENERGY CONSULTANTS

Old Harbor Project

September 14, 1998

To: PARTICIPANTS

Subject: Scoping Document 1

The Alaska Village Electric Cooperative (AVEC) proposes to construct and operate the Old Harbor Hydroelectric Project. The project would be located on Kodiak Island, near Old Harbor, Alaska, partially within the boundaries of the Kodiak Island National Wildlife Refuge.

In accordance with the National Environmental Policy Act and Commission regulations, Polarconsult, as the agent for AVEC, will prepare an environmental assessment (EA) for the project and submit it to the Federal Energy Regulatory Commission.

Polarconsult solicited comments from appropriate federal, state, and local resource agencies, the public, and other interested parties through the scoping process. Scoping Document 1, which was issued on April 10, 1998, includes a brief description of the proposed action, potential alternatives, a list of preliminary environmental issues identified, a preliminary schedule for preparation of the EA, and the mailing list for the project.

Based on the review of the comments received, no changes to Scoping Document 1 are needed. We will prepare the EA based on the outline and issues identified in Scoping Document 1.

If you have any questions on this matter, please call Dan Hertrich at 907-258-2420.

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Daniel Hertrich, PE cc: Nan Allen Tony Azuyak Jay Bellinger Rick Berns Walt Boyle John Bregar Lois Cashell, Secretary Emil Christiansen Wayne Dolezal Walter Ebell

Christopher Estes Linda Freed U. Gross Steven Hom Don Kohle Shirley Macke Brad Meiklejohn Eric Meyers Gary Muehlenhardt Gary Prokosh Bennie Rinehart

Tim Rumfelt Tim Smith Brad Smith Rita Stevens Dan Vos Charles.Walls Gary Wheeler John Williams Jennifer Wing

1503 WEST 33RD AVENUE. SUITE 310 ANCHORAGE. ALASKA 99503 PHONE (907) 258-2420. TELEFAX (907) 258-2419

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JOHN WILLIAMS 12770 SW FOOTHILL DR. PORTLAND, ORE 97225 503-626-5736, FAX-503-641-2093 JUNE 1, 1998

Mr. Daniel Hertrich Polarconsult Alaska Suite 310 Anchorage, AK, 99593

SCOPING COMMENTS, OLD HARBOR HYDROELECTRIC PROJECT, No. 11561

Dear Mr. Hertrich:

I am a researcher for LASER, a labor-affiliated group, which has many members who work, live, hunt, fish and seek recreation with their families, in the vicinity of the proposed project.

Laser is concerned at this time about the project's causing wetlands losses, noise, impacts on the drainage basin and the aquatic species therein, and the socio-economic impacts from this project. LASER urges that a Habitat Evaluation Procedure (HEP) analysis be conducted under appropriate Fish & Wildlife criteria, to calculate the Habitat Units (HUs) at the project site, both before and after project constmction and operation. We urge no net loss of HUs.

Please send the EAlDEIS, and related correspondence, to my address above.

Yours, John Williams CC: FERC /l j //\./t~'-jiC/'. y .

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RECEIVED Dale: (9/;; fj?>

polarconsult alaska, inc . ENGINEERS SURVEYORS ENERGY CONSULTANTS specializing in energy conservation systems

CONVERSATION RECORD

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DATE: May 27,1998

PROJECT: Old Harbor Project

TIME: 2:00PM

CONTACT: Dan Voss

COMPANY: Nmfs

PHONE#: FAX#: Taken By: Daniel Hertrich

SUBJECT: Stream Gauge at Intake Site

SUMMARY: I mentioned to Dan Voss that the stream gauge that was at the intake site was damaged

and subsequently removed. I said that I didn't recall discussing that stream gauge during

the agency meeting. Dan Voss conferred with Wayne Dolezal and they agreed that a new gauge should be installed at the intake site. I agreed to install one at the same time we install the gauge at the canyon of the Barling Bay Creek Tributary.

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UNITED STATES DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration National Marine Fisheries Service 222 W. 7th Avenue. #43 Anchorage. Alaska 99513-7577

May 15. 1998 Daniel Henrich .. Polarconsult Alaska. Inc. 1503 W. 33,d Avenue #310 Anchorage, AK 99503 ..

.. RE: Old Harbor

FERC License Number 11561-000 Scoping Comments and Request for Additional Studies

Dear Mr. Henricb: ..

RE""~~~;:D

~~tc ~/ze/9?

National Marine Fisheries Service (NMFS) has thoroughly reviewed your scoping documents which included fisheries and hydrology studies. Additionally, NMFS panicipaled in a site visit on May 12. 1998 and a scoping meeting on May 14, 1998. The site visit and following meeting were well organized and very infonnative.

NMFS has several comments and recommendations.

In the NMFS letter dated March 14, 1996. we requested. " ... surveys to enumerate adult spawning populations. juvenile studies to describe rearing habitat use. and mapping of spawning habitat. Flow studies of these drainages must also be done to describe the relative changes of the project on naturally-occurring flow patterns."

In order to address this request. the fisheries and hydrology information presented in the document needs to be augmented. The primary questions that should be answered arc:

A. How much salmon production (migration. spawning. incubation and rearing habitats) will be lost in Barling Creek Tributary due to the diversion?

B. How much salmon production (migration, spawning. incubation and rearing habitats) will be gained in Lagoon Creek due to the diversion?

In order to answer these questions NMFS recollllllends:

-A stream gage be placed below the canyon in Barling Creek Tributal)'.

-Cross sections are done in Barling Creek Tributary. --Additional cross sections are done in Lagoon Creek down to salt water influence. - -Flows and dry sections are correlated for Barling and Lagoon Creeks. -Adequate spawning surveys are conducted during appropriate times for pinks. chum and coho salmon on both streams when there is adequate water ror passage. -

- -Juvenile sampling surveys should include the canyon section ofBarlillg Creek Tributary.

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dry sections at different flow regimes and juvenile sampling locations .

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-Analysis of Barling and Lagoon Creeks should include natural and predicted project conditions for:

Flows

Dry stream channel (migration impacts)

Spawning area Incubation area (based on fall and winter base flows)

Fish production The Environmental Assessment should also include:

-Detailed construction plans that include culverts, bridge plans, diversion structure, powerhouse tailrace, etc. Considerations should include adequate culverts, drainage on bridge approach, erosion prevention along pipeline, and a tailrace design that doesn't attract fish.

-A comprehensive erosion control and revegetation plan with specific procedures and metltods. Include scale drawings when appropriate . .. -Timing for in water construction.

-Maintenance timing .

-Analysis should include ATV access, restrictions and impacts.

-A detailed monitoring plan that includes adult salmon escapement, flow monitoring and cross section analysis.

Thank you for the opportunity to comment.

PMeanne L. Hanson ~ Acting Field Office upervisor Habitat Conservation Division -NMFS Contact: Daniel J. Vos

cc: FERC, USFWS, EPA. DGC. ADFG, ADEC - Anchorage - Applicant -

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Publisher's Affidavit

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UNITED STATES OF AMERICA

State of Alaska SS:

-4117

NOTICE OF INTENT'TO CONDUCT

ENVIRONMENTAL SCOPING MEETING

AND A SITE VISIT

(APRil 22. 1998)

Blling Code 671Nl1-M United Stat8$ of America Federal Energy Regulatory Commission Ala..VI. EkIcttic Cooperative ProjeCt No. 1156' AIaIIIa The Energy Policy Act of ll1e2 don appli

cants 10 prepare llleir own E~1l Aa__I (EA) lot hydroponr projects and file

it with the Federal EIMH"gY Regulatory Com

mission (Commission) IIong with their license

application as pan of tha applicant..prepared

EA (APEA) prOC8$S. The Alaska Village Elec

tric Cooperative (AVEC)lntands to prepare an

EA to Iile with the Comml$$ion lor the pro

poSed Old Harbor Hydroelac1ric Project. no.

11561. AVEC will hold two scoping meeting$,

pursuant to the National Environmental Policy

Act (NEPA) 01 '969, to identity the scope 01

.....vironmental issues thai should be analy~ed

in the EA.

Seeping Meetings The times and locations 01 the two seoping

meetings ara:

Public Meeting

Data: Tuesday, May 12. 1998

Piece: City Hall. Old Harbor. Alaska

Tima: 7:00 p.m.

Agency Meeting

Date: Thursday. May 1 ... 1998

Place: Division 01 SeniOrs Conlerance

Room. 380' C Sireet, Suha 3'OA (Fronlier Building) Anchoraga. AlaSka

Time: 9:00 a.m.

At Ihe $COping mealings. AVEC WIll: (1 )5um

marize Ille environmantal issuas lenlatively

identified lor analysiS in !he EA: (2) oulline any

resources they beliave would nOl require a de

tailed analysis; (3) identify r"$OOabie ahema

tivas to be addresSed in the EA; (") solicit Irom

tlla meating palliclpanls all available inlorma

tion. especially quantilative deta. on the re

sources all$$ue; and (5) ancourage stalements

! _,It lrom axperts and lhe public on ;SSU8$ that

should ba analyzad in the EA. .

Allinterasted individuals. OI'lIani~alions. and

agancies are Invhed and encouragad 10 attend

ailhe, or bOlh meatings 10 assisl in identifying

and claritying lhe seope 01 anvlronmental is

sues the I should be analyzed in the EA

To halp locus discussions al Ihe meellngs,

AVEC prepared and diSlribuled an Initial Slage

Consunation Documant (lSCD) on November

13. 1997. and a Scoping Documanl on April 10. 1998. Copies ollhe ISeD and the Scoping

Document can be obtained by calling Daniel

Hanrlch 01 Polerconsull Alaska. Inc. AVEC's

llganl. al (907) 25&-2420. Copies 01 belh doCu

manls will also be available al bOth seoping

meelings.

S~e Viii! For Ihose who inland 10 particlpata in

seoping. AVEC wHI alSo conducl a sita vis~ to

_ tha proposed Old Harbor Projecl on Tuesday.

May 12. 1998. Those attending must meal at

I, the undersigned, being first duly

sworn, depose and say: I am editor or

publisher of the Kodiak MIRROR, a

daily newspaper published at Kodiak,

TI'drd Judicial Division, State of Alaska,

and that the annexed printed notice was

published in said newspaper in issues

of the following dates:

x

State of Alaska.

My Commission expires C(.-s:.:X?....C /

tha Sitkalidek lodge in Old Harbor. Alaska al - 10:00 a.m. Wa will promptly leeve lor Iha , project slta, via halicoplar. Those baing Shunled by helicopter to the prOject sita may need 10 sign a waive, 01 liability 'egarding heli

coptar use. Because of Ihe ,emOlaness and R F r: r, PI T'f diffieultv nf """"---' __........... 6 .~ - Dc: _ iJ.flt '? Jq '5'

I I I I I I .. .. .. .. .. I I BILLING CODE 6717-01-M

UNITED STATES OF AMERICA FEDERAL ENERGY REGULATORY COMMISSION

Alaska village Electric cooperative ) Project No. 11561 ) Alaska

NOTICE OF INTENT TO CONDUCT ENVIRONMENTAL SCOPING MEETINGS AND A SITE VISIT

(April 14, 1998)

The Energy policy Act of 1992 allows applicants to preparetheir own Environmental Assessment (EA) for hydropower projects and file it with the Federal Energy Regulatory commission (Commission) along with their license application as part of the applicant-prepared EA (APEA) process. The Alaska VillageElectric cooperative (AVEC) intends to prepare an EA to file with the commission for the proposed Old Harbor Hydroelectric Project,No. 11561. AVEC will hold two seoping meetings, pursuant to the National Environmental Policy Act (NEPA) of 1969, to identify the scope of environmental issues that shOUld be analyzed in the EA.

seoping aeeting_

The times and locations of the two scoping meetings are:

hbUg aeetlDlJ Agenel' aeetiDq

Date: Place:

TUesday, May 12, 1998 City Hall Old Harbor, Alaska

Thursday, May 14, 1998 Divisi~n of Seniors Conference Room 3601 C Street, Suite 310A

Time: 7:00 P.M.

(Frontier Building) Anchorage, Alaska 9:00 A.M.

At the scoping meetings, AVEC will: (1) summarize the environmental issues tentatively identified for analysis in the EA; (2) outline any resources they believe would not require a detailed analysis; (3) identify reasonable alternatives to be addressed in the EAI (4) solicit from the meeting participantsall available information, especially quantitative data, on the resources at issue; and (5) encourage statements from experts and the public on issues that should be analyzed in the EA.

All interested individuals, organizations, and agencies are invited and encouraged to attend either or both meetings to assist in identifying and clarifying the scope of environmental issues that should be analyzed in the EA.

OC-I\-12

Project No. 11561 - 2

To help focu~ discussions at the meetings, AVEC prepared and distributed an InJtial Stage Consultation Document (ISCD) on November 13, 1997, and a Scoping Document on April 10, 1998. copies of the ISCD and the Scoping Document can be obtained by calling Daniel Hertrieh of Polarconsult Alaska, Inc., AVEC's agent, at (907) 258-2420. Copies of both documents will also be available at both scoping meetings.

till nI1.t

For those who intend to participate in seoping, AVEC will also conduct a site visit to the proposed Old Harbor Project on Tuesday, May 12, 1998. Those attending must meet at the Sitkalidak Lodge in Old Harbor, Alaska at 10:00 A.M. We will promptly leave for the project site, via helicopter. Those beingshuttled by helicopter to the project site may need to sign a waiver of liability regarding helicopter use. Because of the remoteness and difficulty of ground access at the project site, those attending the site visit should be physically fit and must wear appropriate clothing and footgear. The site visit should be completed by 4:30 P.M. Participants must provide their own sack lunches.

To plan on helicopter use in advance of the visit, AVEC must identify the number of individuals interested in the site visit. Therefore, if you intend on visiting the proposed project site, you must register ~ith Daniel Hertrich at (907) 258-2420, no later than April 24, 1998. If inclement weather prevents a site visit on May 12, the alternate date will be May 13 at the same time and location.

M.eting Procedur

The meetings will be conducted according to the proceduresused at Commission scoping meetings. Because this meeting will be a NEPA scoping meeting under the APEA process, the Commission will not conduct a NEPA scoping meeting after the application and draft EA are filed with the Commission.

Both scoping meetings will be recorded by a stenographer or tape recorder, and will become part of the formal record of the proceedings for this project.

Those who choose not to speak during the scoping meetings may instead submit written comments on the project. written comments must be submitted by June 15, 1998, and should be mailed to: Mr. Daniel Hertrich, Polarconsult Alaska, Inc., 1503 West 33rd Avenue, Suite 310, Anchorage, Alaska 99503. All correspondence should show the following caption on the first page:

polarconsult alaska, inc. -. 'GINEERS SURVEYORS. ENERGY CONSULTANTS

-To: PARTICIPANTS- Subject: Scoping Document 1 and Scoping Meeting

Project No. 11561-000 Old Harbor Project

April 8, 1998

Attached is Scoping Docwnent 1 for the Old Harbor Project. Please note the following: Volwne 2 (Appendix D) is exactly the same as Volwne 2 (Appendix B) of the Initial

Stage Consultation Docwnent (see Scoping Docwnent table of contents). Volwne 2- is not included. Please contact me if you would like a copy. The site visit and public meeting are scheduled for May 12, 1998 in Old Harbor. The agency meeting is scheduled for May 14, 1998 in Anchorage. -Please refer to the scoping document for details. FERC representatives will be present at the site visit and both meetings.

Please feel free to contact me if you have any questions .

;;:J)&~- Daniel Hertrich, PE cc:

- Nan Allen

Tony Azuyak

Jay Bellinger

Rick Berns Walt Boyle John Bregar Lois Cashell, Secretary Emil Christiansen - Wayne Dolezal

----

1503 WEST 33RD AVENUE SUITE 310 ANCHORAGE. ALASKA 99503 PHONE (907) 258-2420 TELEFAX (907) 258-2419

Waiter Ebell Christopher Estes Linda Freed U. Gross Steven Hom Don Kohle Shirley Macke Brad Meiklejohn Eric Meyers Gary Muehlenhardt

Gary Prokosh Bennie Rinehart Tim Rwnfelt Diane Sheridan Tim Smith Brad Smith Rita Stevens Charles Walls Gary Wheeler

polarconsult alaska, inc. ENGINEERS SURVEYORS. ENERGY CONSULTANTS

.. Project No. 11561-000 Old Harbor Project

.. April 1, 1998

To: PARTICIPANTS .. Subject: Study Plans Based on [SCD Comments

- Dear Secretary, The following are the study plans in response to the comments received from the Alaska .. Department of Fish and Game and the U.S. Fish and Wildlife Service on the Initial Stage Consultation Document (ISCD).

The requests submitted can be summarized as follows:

1. Perform a breeding bird survey that is conducted in the spring/summer of 1998

with special emphasis on determining whether Klttlitz or marbled murrelets nest within the Project area.

2. Conduct fish surveys similar to the past surveys on an annual basis during the

period of the preliminary permit. Goals are to determine the frequency and extent

that the tributary to Barling Bay Creek is dry in its lower reaches, determine the relative value of this stream for salmon usage, and to determine the upper extent of fish presence in the stream.

3. Item 2 be done for Lagoon creek also. Specifically however, installation of a stream gauging station is recommended near the Projects outfall as soon as possible.

4. Outline and discuss expected daily, monthly, and yearly fluctuations induced by power/demand changes in Project's discharge to Lagoon creek with emphasis on

subsequent impacts to fish. S. Stream channel cross sections profiled with reference to their location along the

.. reach for Lagoon creek. Also, a map showing the locations of each stream reach and the surveyed cross sections . - To satisfy #1, AVEC proposes to have Rich Macintosh perform a breeding bird survey sometime in June. - To satisfy #2, Lonnie White of White Fisheries will conduct two fish surveys that will assess the type of fish, approximate number of fish, and extent of fish population. One

survey will be performed in August and the other in September. His survey will include .. both the Barling Bay Creek tributary and Lagoon Creek . .. To satisfy #3, a stream gauge will be installed by Polarconsult near the location of the powerhouse on Lagoon Creek sometime around the 1st of May. The stream gauge will be 1503 WEST 33RD AVENUE. SUITE 310 ANCHORAGE, ALASKA 99503

PHONE (907) 2582420 TELEFAX (907) 2582419

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.. left in place until late summer. Two flow measurements will be taken, one upon installation of the stream gauge, and another upon removal of the gauge.

To satisfy #4, an analysis will be performed on the fluctuations in the output of the project along with their corresponding impacts to the stream flow regimes and water depths. This analysis will be contained in the scoping document using estimated flows in Lagoon Creek and will be updated around late summer using flow data from the stream gauging in Lagoon Creek.

.. The approximate location of the existing stream cross section information gathered thus

far will be shown on a map. Additional stream cross sections will be taken of Lagoon Creek. These locations will also be put on the map. A drawing showing the profile information will be made. There will be approximately 20 new cross sections measured along Lagoon Creek from the powerhouse to the mouth at the salt lagoon. This will work will be done in the first week ofMay.

Sincerely,

P~/~Daniel Hertrich, PE

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cc: Nan Allen Tony Azuyak Jay Bellinger Rick Berns Walt Boyle John Bregar Lois CasheJ/. Secretary Emil Christiansen Wayne Dolezal

Walter Ebell Christopher Estes Linda Freed U. Gross Steven Hom Don Kohle Shirley Macke Brad Meiklejohn Eric Meyers Gary Muehlenhardt

Arlene Murphy Gary Prokosh Bennie Rinehart Tim Rumfelt Rita Stevens Tim Smith Brad Smith Charles Walls Gary Wheeler

I

.. polarconsult alaska, inc. ~NGINEERS SURVEYORS ENERGY CONSULTANTS Project No. 11561-000

Old Harbor Project

March 6, 1998 -To: PARTICIPANTS

Subject: Proposed Study Plans Based on ISCD Comments

Dear Secretary, The following outlines the proposed study plans in response to the comments received from the Alaska Department of Fish and Game and the U.S. Fish and Wildlife Service on - the Initial Stage Consultation Document (ISCD). The requests submitted can be summarized as follows:

1. Perform a breeding bird survey that is conducted in the spring/summer of 1998 with special emphasis on determining whether Kittlitz or marbled murrelets nest

within the Project area. 2. Conduct fish surveys similar to the past surveys on an annual basis during the

period of the preliminary permit. Goals are to determine the frequency and extent that the tributary to Barling Bay Creek is dry in its lower reaches, determine the relative value of this stream for salmon usage, and to determine the upper extent of fish presence in the stream.

3. Item 2 be done for Lagoon creek also. Specifically however, installation of a stream gauging station is recommended near the Projects outfall as soon as possible.

4. Outline and discuss expected daily, monthly, and yearly fluctuations induced by power/demand changes in Project's discharge to Lagoon creek with emphasis on subsequent impacts to fish .

.. 5. Stream channel cross sections profiled with reference to their location along the

reach for Lagoon creek. Also, a map showing the locations of each stream reach and the surveyed cross sections .

.. To satisfy #1, AVEC proposes to have Rich Macintosh perform a breeding bird survey sometime in May.

To satisfy #2, Lonnie White of White Fisheries will conduct two fish surveys that will assess the type of fish, approximate number of fish, and extent of fish population. One -

-survey will be performed in August and the other in September. His survey will include both the Barling Bay Creek tributary and Lagoon Creek.

To satisfy #3, a stream gauge will be installed by Polarconsult near the location of the powerhouse on Lagoon Creek sometime around the 15t of May. The stream gauge will be

1503 WEST 33RD AVENUE SUITE 310 ANCHORAGE, ALASKA 99503 PHONE (907) 2582420 TELEFAX (907) 2582419


left in place until late summer. Two flow measurements will be taken, one upon installation of the stream gauge, and another upon removal of the gauge.

To satisfY #4, an analysis will be performed on the fluctuations in the output of the project along with their corresponding impacts to the stream flow regimes and water depths. This analysis will be contained in the scoping document using estimated flows in .. Lagoon Creek and will be updated around late summer using flow data from the stream gauging in Lagoon Creek.

The approximate location of the existing stream cross section information gathered thus

far will be shown on a map. Additional stream cross sections will be taken of Lagoon Creek. These . locations will also be put on the map. A drawing showing the profile information will be made. There will be approximately 20 new cross sections measured along Lagoon Creek from the powerhouse to the mouth at the salt lagoon. This will work will be done in the first week of May . ..

p:t;~ Daniel Hertrich, PE

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cc: Nan Allen Tony Azuyak Jay Bellinger Rick Berns Walt Boyle John Bregar Lois Cashell, Secretary Emil Christiansen Wayne Dolezal


Arlene Murphy Gary Prokosh Tim Rumfelt Kelly Simeonoff, Jr. Tim Smith Brad Smith Charles Walls Gary Wheeler

..


WASHINGTON, D. C 20426

fEB 2 5 1998 ..

OFFICE OF HYDROPOWER LICENSING

Project No. 11561-Alaska -Alaska Village Electric Cooperative, Inc.-

To the Party Addressed:

-- On January 8, 1998, the Federal Energy Regulatory Commission

(Commission) issued a notice of Alaska Village Electric Cooperative, Inc.'s (AVEC) request to use alternative procedures in filing a license application for its Old Harbor Hydroelectric Project. In support of the use of alternative licensing procedures, AVEC demonstrated that they have made an effort to- contact all resource agencies, citizens' groups, and others affected by the AVEC's proposal; and that a consensus exists that the use of an alternative procedure is appropriate in this case. AVEC also submitted a Communications Protocol that is supported- by most interested entities. The notice requested any additional comments on AVEC's proposal to use alternative procedures . .. We received no comment letters in response to our notice;

In light of the support shown for using an alternative.. licensing process, I believe that the use of alternative licensing procedures would be appropriate in this case because it would foster improved communications, participation, and

- cooperation among the participants, and ultimately simplify and expedite the licensing process. Therefore, I am approving AVEC's request to follow alternative licensing procedures in accordance with the Commission's Regulations for Licensing Hydroelectric Projects ~I and the Communications Protocol submitted to the - Commission on October I, 1998.

.. Please call Nan Allen at (202) 219-2938 if you have any questions.

Sincerely,

.., ~/'-1fr~~-,-- )A- i'h Carol L. Sampson Director - Office of Hydropower Licensing

cc: Public Files

~I 81 FERC ~61,103 (1997).

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TONYKNOWLE~GOVERNOR

333 RASPBERRY ROADDEPARTMENT OF FISH AND GAME ANCHORAGE. ALASKA 99518-1599 PHONE: (907) 344-0541

HABITAT AND RESTORATION DIVISION -February 17, 1998

- Mr. Daniel Hertrich

Polarconsult Alaska Inc.

1503 West 33rd Avenue, Suite 310

Anchorage, Alaska 99503

Dear Mr. Hertrich:

Re: Old Harbor Hydroelectric Project - Initial Stage Consultation

FERC N2 11561-000 The Alaska Department of Fish and Game (ADF&G) has reviewed the November 13, 1997 Initial

Stage Consultation Document. The report accurately describes what we understood the project

proposal to be. We wish to take this opportunity to identify additional information that will be

needed during the environmental assessment for this project.

Hydrologic information collected to date has centered on the East and West Forks of Hydro Creek (also referred to as Barling Creek), the Barling Bay tributary from which water will be withdrawn to ,. operate the hydroelectric facility. Although a limited amount of spawning area data have been collected for Lagoon Creek, the hydroelectric project's discharge receiving water body, almost no information is available concerning its stream flow. To be able to assess pre and post project affects ., on this system, adequate baseline data are needed. We recommend that a gauging station be established at or near the project's outfall as soon as possible to begin gathering this information. Stream channel cross section profiles and stream flow data for the Lagoon Creek stream reaches identified in Table 3 of the October 8, 1996 Fishery Report for those reaches, located downstream of -the project's outfall will also be needed. A map depicting the loc:::.tion of each strealIl reach should be included and the site of each channel profile station should documented. In addition, we request an

..

assessment be completed of whether the project's water discharge will follow a power demand cycle

resulting in multi-daily or seasonal fluctuations in stream flow and the predicted magnitude of those

fluctuations .

We appreciate the opportunity to comment and look forward to the upcoming site visit during May. Should you have any questions please do not hesitate to contact me at 267-2333.

Sincerely,- _ Ot~~ D. ~.'-"(>\ V C. Wayne Dolezal - Habitat Biologist Regionll

(907) 267-2285-- 11K107LH

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Mr. Daniel Hertrich -2- February 17, 1998

cc: N. Allen, FERC Contact C. Estes, ADF&G J. McCullough, ADF&G L. Schwarz, ADF&G T. Rumfelt, ADEC G. Wheeler, USFWS-WAES J. Bellinger, Kodiak NWR B. Smith, NMFS L. Freed, KIB E. Ausman, Polarconsult Alaska, Inc.

United States Department of the Interior

IN REPLY REFER TO:

WAES

Daniel Hertrich, PE ..

Polarconsult Alaska, Inc. 1503 W. 33rd Avenue #310 Anchorage, Alaska 99503

Dear Mr. Hertrich:

FISH AND WILDLIFE SERVICE

Ecological Services Anchorage

605 West 4th Avenue. Room 62

Anchorage. Alaska 99501

FEB 3 1998

Re: Old Harbor Project Project No. 11561-000

We have reviewed the Initial Stage Consultation Document for the Old Harbor Hydroelectric

Project and have the following comments.

Our comment letter on the preliminary permit for this project listed several bird species ofconcern that may nest within the project area. We are concerned that to date no breeding bird surveys

have occurred within the project area to determine ifany of these species are present. We request that a breeding bird survey of the project area be conducted during the spring/summer of 1998. A bird survey ofthe project area was conducted August 9, 1996; however, this survey was

conducted after most birds had dispersed from their nesting areas. We request that special emphasis for the survey be placed on attempting to determine ifKittlitz or marbled murrelets nest within the project area .

We have reviewed the fisheries surveys thus far conducted for the project. We request that similar surveys be conducted on an annual basis during the period of the preliminary permit to

determine the frequency and extent that the tributary to Barling Bay Creek is dry in its lower

reaches, to determine the relative value of this stream for salmon spawning and rearing, and to

determine the upper extent offish presence in the stream. We also request that the stream be

surveyed annually during its low water period (March/April) to determine the extent ofthe dry -stream section. We request that Lagoon Creek also be surveyed annually for the same purposes as the tributary to Barling Bay Creek. -We are also concerned about potential fluctuations in the project's discharge to Lagoon creek. .. Project information should include a discussion of the expected daily, monthly, and yearly fluctuations in discharge to Lagoon Creek. Our concern stems from the possibility of salmon spawning in shallow areas ofLagoon Creek under higher flows only to have the eggs perish when project flows are reduced. If it appears there will be substantial changes in flows on a daily or -

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seasonal basis, it may be advisable to discharge project flows into a reservoir where releases to Lagoon Creek can be regulated to avoid rapid fluctuations.

We appreciate the opportunity to comment on this document. Questions regarding these comments or further coordination should be directed to project biologist Gary Wheeler at (907) 271-2780 .

cc: Kodiak NWR Realty NMFS ADFG FERC

,~.-.. - - .- .... f._ ,-. r-" , ., /i -: ,J \ .; , , ..... " I , \ " .,,

_

.. ... ,r'" 1 , ~ ,

!!; ,i ,.., , TONY KNOWLES, GOVERNOR .' ..

iDEPT. OF ENVIRONMENTAL CONSERVATION l

Division of Air and Water Quality Phone: (907) 269-7567 555 Cordova Street Fax: (907) 269-7508 Anchorage, Alaska 99501 ITY: (907) 269-7511

January 16, 1998 -Mr. Daniel Hertrich, PE..

Polorconsult Alaska, Inc.


Anchorage, Alaska 99503

Re: Old Harbor Hydroelectric Project

FERC Project #11561000

Dear Mr. Hertrich:

I have been assigned to work on the Old Harbor Hydroelectric Project. rn be handling the 401 Water Quality Certification when your proposed project gets to that point in the review process.

In reviewing the PrQject Schedule in the "Initial Stage Consultation Document, Volume 1," I noticed that you have included 401-WQC and Coastal/Consistency Applications together. This is partly

correct in that they will be processed together. However, there isn't a 401-WQC application per se. To initiate the 401-WQC process, you will have to submit an application for a 404-Permit to the Army Corps of Engineers. The COE's application will serve as the 401-WQC application. The COE will then make a determination whether a 404 Permit is required. If a 404-Permit is required, ADEC - has to issue a 401-WQC before the 404-Permit will issued. If you have any questions, please give me a call at the above phone number.

Part of your proposal is to use some of the discharged water from the impulse turbine as a source for drinking water. You will need to have your plan reviewed by ADEC's Division of Environmental Health, Drinking Water Program. Please contact James Weise, Drinking Water Program Manager, at 269-7647 concerning your proposal to use discharge water as a source for drinking water. - You should also contact Bill Lamoreaux at 269-7523 of ADEC's Anchorage Office of Watershed Development Group, Industrial Discharges, on a plan review for controlling storm water runoff from construction related activities. -

-

(DAdeWQloldhr.ltt)

cc: James Weise, ADEC/Anchorage --

Sincerely,

~~. Gary L. Saupe Environmental Specialist Rf~F:.VED

t~ 1!.~/qg

I I , ,t I ~ a- I I

BILLING CODE 6717-01-M

UNITED STATES OF AMERICA FEDERAL ENERGY REGULATORY COMMISSION

Alaska Village Electric Corporation ) Project 11561-000, AK

NOTICE OF ALASKA VILLAGE ELECTRIC CORPORATION'S

REQUEST TO USE ALTERNATIVE PROCEDURES IN

FILING A LICENSE APPLICATION

(January 8, 1998)

The preliminary permit holder, Alaska Village Electric Corporation (AVEC), has asked to use an alternative procedure in filing an application for original license for the proposed Old Harbor Hydroelectric Project No. 11561. 1/ AVEC has demonstrated that they have made an effort to contact all resource agencies, Indian tribes, nongovernmental organizations (NGOs), and others affected by their proposal, and that a consensus exists that the use of an alternative procedure is appropriate in this case. AVEC has also submitted a communication protocol that is supported by most interested entities.

The purpose of this notice is to invite any additional comments on AVEC's request to use the alternative procedure, as required under the final rule for Regulations for the Licensing of Hydroelectric Projects. 2J Additional notices seeking comments on the specific project proposal, interventions and protests, and recommended terms and conditions will be issued at a later date.

The alternative procedure being requested here combines the prefiling consultation process with the environmental review process, allowing the applicant to complete and file an Environmental Assessment (EA) in lieu of Exhibit E of the license application. This differs from the traditional process, in which the applicant consults with agencies, Indian tribes, and NGOs during preparation of the application for the license and before filing it, but the Commission staff performs the environmental review after the application is filed. The alternative procedure is intended to simplify and expedite the licensing process by combining the prefiling consultation and environmental review processes into a single process, to facilitate greater

The 380-kilowatt project would be located on Kodiak Island,

near Old Harbor, Alaska, partially within the boundaries of

the Kodiak Island National Wildlife Refuge.

81 FERC ! 61,103 (1997).?J ":ae,("'ill _n

DC-I\-24

,,

Publisher's Affidavit

- UNITED STATES OF AMERICA State c f Alaska-

-.240

PUBlIC MEETING NOna: OlD HARBOR PROJECT

FEDeRAL ENERGY REGULATORY

COMMISSION PROJECT NO, 11561.000

NOnCE OF INTENT TO CONDuCT JOINT

MEETING AND SITE VISIT AND REOUEST FOR

SCIENTIFIC STUDIES

AIaak.a Village EIecIJ1c ~,Inc. (AVEC)

MllIIoId a ai'IgIe jOint pubIic:.Iagency IniIiII Stage ConlIuI!aIlon Meeting and site visit II) inbm intereSl~ pantel about the Old Harbor PrO/'1Ie1!PrniecI). . .

Joint PublicfAgency Meeting .' ~Monday, December IS, 1997

.""'" 1 p.m,

Place: Old HaIbor City Hall

Old HMIor AI( . .

AII.1nIerasted.indMduaIa. organizations,. and

alllWlCiM -.iwited II) attend the II1MIi'1g 10 /aamIIflout the Prc;acI and III8isI h ~ II1e ICq)aof~__ IhatShouldbe~

For nMew prior 10 the meeting AVEC diStIl). UIed 10 the Pllrticipanrs II1e "Initial Staoe Consultalion PacIcage" for this PIlllect Cop;aa of this '*-" menl can be IlCIaIned by C81ing Daniel Henrich of Polarconsul al (907) 258-2420 or they can be otuined diracIIy al!he mael"-.

~eVlsil ~ ...

Dare: Tuesday. DeCember 16. t997 Tme:9a.m. '.' Place: Old Hamor City Hall

. Old HaIbor. AK. AVEC will also conwct a Ue visit: Those at

lendrlg must 111M! by 9 am, and Ieawt tor !he PfOJ8CI .site via foot lravel. lhosa attending lhe site VIS4 IIhouId be physically iii and must _r W8mI c:/c:IIhi'!g and boots 5uilable for Slraam crnss-- I'lgS (-2' depth). '.'

The -rlg wiH be recorded and become a

part 01 !he tormal record lor this Proie

'if 1.1. 'JV I

2582420POL

$96.57

AFFIDAVIT OF PUBLICATION STATE OF ALASKA.

THI RD JUDICIAL DISTRICT.

Eva H. Kallfroann being first duly sworn on oath -deposes and says that he/she is an advertising representative of

the Anchorage Daily News. a

daily newspaper. That said newspaper has been approved by the Third Judicial Court. Anchorage. Alaska. and it now

and has been published in the English language continually as a daily newspaper in Anchorage. Alaska. and it is now and during all said time was printed in an office maintained at the aforesaid place of publication of said

newspaper. That the annexed is a copy of an advertisement as it was published in regular issues (and not in supplemental form) of said newspaper on

Nov. 23! 1997

and that such newspaper was regularly distributed to its subscribers during all of said period. That the full amount of the fee charged for the foregoing publication is nor in excess of the rate charged private individuals.

~_\ir\__~~~~~______ ...

--

!he State of Alas Third Division.

Anchorage. Alaska

MY COMMISSION EXPIRES

.. ............!?"..f. .. ,.....;'~

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a Single iolnt public/agencv Initial Stage Consultolian AVEC will also conduel a sile Meeting and site visit 10 visit. Those allendlng must inform interested parties meet by 9 a.m. and leove for about the Old HarbOr Prolect the proiect slle via fool Irovel. (PrOlect). Those ollending the sile visit

"Should be phvsically fit andJoint PubliCI Agellcy Meeting must weor worm clothing and Date: Mon. December 15.1997 bOots suitable for slream Time: I p.m. . crossings {appro'. 2' depth I. Place, Old HarbOr Cifv Holl Old Harbor, AK The meeting will be recorded

and became 0 po rt 01 the All interested Individuals. formal record for this Proiect.

'.orga!,llalions, and agencies Anvone may submit written are InVited to o!!end the meet comments an 'the Proiect. "09 fa I~rn. about the. Pralect Comments should be 1'I10iled ~~pe0~,s~n~7ra::'.:~:~:nrss:~ to:

thol should be analyzed.

Doniel Hartrich

, '---. For review prIOr to the meet Polorconsull

Public Meeting Notice ing. AVEC distribyted to the 1503 West llrd Avenue

partiCipants the "'nitiol Stage Suite 310Old Harbor Project Consultation Package" tor this Anchorage. Alaska 99503.

Federal Energy Re.ulalOlY Project, Copies of this

Commission .

Project No. 11561..000 ~~:~~nf~nH~ri~t~:ned bv All correspondence .should PolorCOnsult at (901) 258-2420, show Ihe tollowlng coptoon on

NOTICE OF INTENT TO or thev Can be obtained direct. the flrsl page: Old Harbor CONDUCT JOINT ME'ETING Iy at the meeting. Prolecf, Proiect No. IlS4HlOO.

AND A SITE VISIT MfD REQUEST FOR SCIENTIFIC Site ViSit For turther intormotion.

STUDIES \ Dille: Tues., December 16.1997 pleose contact Daniel Herlric~ , TIme: 9a.m. 01 {9071 2582420.

Alaska Village Electric. ClIOI" Ptace: Old HarbOr Citv Hall Pub.: November 23. 1997eroti.e. Inc. IAVEC! will hll!d Old HarbOr. AK

II


- "'NGINEERS SURVEYORS. ENERGY CONSULTANTS Project No. 11561-000 Old Harbor Project November 13, 1997 -

To: PARTICIPANTS

Subject: Initial Stage Consultation Document (ISCD) and Meeting Attached you will find the ISCD for the Old Harbor Project. This document contains all of the infonnation that we have gathered regarding the proposed Project and is being sent to you for review. Since I have previously distributed the environmental studies through progress reports I am not attaching Volume 2 of the ISCD (Appendix B). Please contact - me if you would like a copy ofVolume 2. If, after reviewing this document, you have any questions regarding the Project please

don't hesitate to contact me. If you want to submit comments that are included in the public record or wish to request studies then you will need to do so in writing (refer to communications protocol).

You will have 90 days (until 2116/98) to submit comments regarding the Project. Also,

this is the first of two chances to request studies. Study requests are also due 2/16/98.

The second chance to request studies will occur when Scoping Document 1 is issued

(approximately 4/1/98). The first Scoping Meeting will occur around 5/1/98. This

meeting also includes a site visit.

If you can only make one of the site visits I recommend attending the Scoping Meeting site visit instead of the 12116/97 one.

Daniel Hertrich, PE

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1503 WEST 33RD AVENUE. SUITE 310 ANCHORAGE. ALASKA 99503 PHONE (907) 2582420 TELEFAX (907) 2582419


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- '-"JGINEERS SURVEYORS' ENERGY CONSULTANTS Project No. 11561-000 Old Harbor Project October 1, 1997-

LOIS CASHELL, SECRETARY

FEDERAL ENERGY REGULATORY COMMISSION - 888 FIRST STREET NE

WASHINGTON DC 20426-Subject: Waiver Request

- Alaska Village Electric Corporation (AVEC) and various federal, state, local agencies and special interest groups have agreed to participate in the Applicant Prepared

- Environmental Assessment (APEA) process for the licensing the Old Harbor Project, Federal Energy Regulatory Commission (Commission) Project No. 11561-000 (Project). The intent of the agencies to participate is evidenced by the receipt of the agency

approval and support form's for the NEPA consolidated process. This communication

.. seeks the cooperation and participation of the Commission in the APEA process for the Old Harbor Project as well as the waiver of certain requirements of the traditional Commission licensing process.

A VEC and the federal, state. local agencies and special interest groups have signed a - Communications Protocol. This Communications Protocol is intended to satisfy the ex parte rules of the Commission and to provide a guideline for communications and coordination among the participants involved in preparation of the Environmental Assessment. A copy of the Communications Protocol is attached hereto. -Coordinating preparation of the application and environmental review processes will

.. require some modification to the Commission's regulations. Accordingly, AVEC

requests waiver of regulations that may be inconsistent with the coordinated process. As demonstrated below, AVEC submits that good cause exists for granting the requested waiver.

.. BACKGROUND

On March 11. 1996 the Commission issued to AVEC a preliminary permit for the Project, setting the License Application filing deadline no later than March 11, 1999. A VEC began it's compliance with the Commission's pre-filing consultation requirements -by contacting agencies and performing studies based on their comments on the Project.

Old harbor began it's compliance with it's communications protocol and pre-filing -consultation requirements by preparing the Initial Stage Consultation Package (ISCD)

1503 WEST 33RD AVENUE. SUITE 310 ANCHORAGE. ALASKA 99503 PHONE (907) 2582420 TELEFAX (907) 2582419

II

- Project No. 11561-000 Old Harbor Project which will be submitted following the response on the waiver request. Included in with -the ISCD will be Scoping Document 1 (SD 1).

AVEC will then; in consultation with the Commission, hold the Scoping Meeting with - the public and state and federal resource agencies. Comments, as well as any request for scientific studies, will be due no later than thirty (30) days after the scoping meeting. A VEC will file all review comments and additional study requests with the Commission -and integrate these comments into the NEP A Scoping Document 2 (SD2). AVEC will prepare and distribute SD2 and prepare workplans for completing any additional studies. -

-Pursuant to the workplans, A VEC will conduct the studies necessary to prepare a draft license application and begin preparing the draft EA. Once the studies have been completed and the results released, the agencies and public will have sixty (60) days in which to comment on the study results and request additional scientific studies. This opportunity to request additional scientific studies will replace the traditional opportunity to request studies after the license application is filed [see 18 CFR 4.32 (b) (7)]. In preparing the draft license application, AVEC will substitute the draft EA for an

Exhibit E to its License Application, see 18 CFR 4.38(f) & 4.41(f). When completed, A VEC will distribute the draft license application and the draft EA at the same time for review and comment. The documents will provide the information required in the - second-stage consultation package: a draft License Application, study and information gathering results, and a written request for review and commene. See 18 CFR

- 4.38(c)(4). The draft EA will incorporate the results of AVEC's studies, including any additional studies, together with any required measures to address environmental affects. Preliminary comments, including draft recommendations and mandatory license terms and conditions or prescriptions, will be due ninety (90) days after A VEC distributes the draft license application and draft EA for review. See 18 CFR 4.38(c)(5). AVEC will arrange additional public meetings and site visits as needed2 Based on the comments, recommendations, terms and conditions and prescriptions received, AVEC will finalize -the license application and revise the draft EA.

AVEC will then file its License Application, including the revised draft EA, with the - Commission, completing second-stage consultation. See 18 CFR 4.38(c)(l0). Throughout the coordinated process and pursuant to the Communications Protocol,-I AVEC intends to submit its application to the Alaska Department of Environmental Conservation for water quality certification under Section 40 I of the Clean Water Act, 33 USC 1341, at the same time it - distributes the draft EA and draft License Application. See 18 CFR 4.38(f)(7)(i).

2 If the written comments demonstrate substantive disagreement, additional meetings will be held in

compliance with FERC's requirements for dispute resolution during second-stage consultation (18 C,FR

4.38(c)(6) - (8 .

..

.. Project No. 11561-000 Old Harbor Project ..

.. information, including summaries of all coordination meetings, transcripts of public meetings, conference call reports, periodic progress reports, and contact logs documenting verbal communication will be maintained on file with the Commission and will be available to the public at the offices of A VEC's consultant:

- Polarconsult Alaska, Inc. 1503 W 33rd Ave #310

Anchorage AK 99503

- After AVEC files its license application, the Commission will conduct an adequacy review. The Commission will also issue public notice of acceptance of the license application and the Applicant Prepared Draft EA The notice will solicit interventions and provide sixty (60) days for submitting comments and final recommendations and mandatory license terms and conditions or prescriptions. After receiving these comments

and mandatory conditions, the Commission will issue the staff's Draft EA The

Commission will provide thirty (30) (or forty five (45) ifFERC section 10 applies) days for submitting comments and recommendations on the staffs Draft EA At that time, the Commission will institute the Federal Power Act Section 100) process as necessary. See 18 CFR 4.34(b) & (e). The Commission will then complete and issue the final EA Complete the Section 100) process, and issue an order on AVEC's License Application. REQUEST FOR WAIVER

AVEC respectfully requests that the Commission waive Sections 4.32(b)(7), 4.34(b), 4.41 (f) and 4.38(f) of its regulations, to the extent that these requirements are inconsistent with the coordinated license application and environmental review process.

Section 4.32 (b)(7) should be waived to the extent it requires the Commission to issue public notice of tendering of the license application and permits interested parties to request additional scientific studies be performed after the License Application is filed.- Under the coordinated process, the substantive elements of this notice and comment procedure will be completed prior to filing the License Application. Interested parties will have the opportunity to comment on SD 1 and, at the same time, also request studies -in addition to those requested during the first stage consultation process. .. Section 4.34(b) should be waived to the extent that it requires the Commission to issue a Notice that the application is now ready for environmental analysis (NREA), which would usually initiate the environmental review process and provide sixty (60) days for agencies to submit initial comments, recommendations, and mandatory terms and -

.. conditions or prescriptions. Under the coordinated process, agencies will have submitted preliminary recommendations and mandatory terms and conditions or prescriptions upon

- Project No. 11561-000 Old Harbor Project - review of the Draft License Application and Applicant Prepared EA. Thus, when AVEC

files its License Application and revised Draft EA, the environmental analysis will be

almost complete. recommendations, AVEC will have already incorporated those preliminary comments, and mandatory terms and conditions or prescriptions in the

application. Rather than issuing a NREA, following its adequacy review, the

III Commission will notice the filing of the License Application and the Revised Draft EA. That notice will solicit interventions, final comments, recommendations, and mandatory license terms and conditions or prescriptions. After the Commission receives final

- recommendations, mandatory terms and conditions or prescriptions, staff will issue its Draft EA and the Commission will again receive comments before finalizing the EA. III Finally, as stated above, the EA will contain most of the environmental reports and other

information required in an Exhibit E as outlined in Section 4.41(f). While seeking waiver

.. of Section 4.41 (f), A VEC is aware that it must file with the Commission any information typically included in the application, but not typically included in an EA. Similarly AVEC seeks waiver of Section 4.38(f) to the extent it requires documentation of the three

stage consultation process and a discussion of consistency with comprehensive plans . Under the Communications Protocol, throughout the coordinated process, AVEC will document agency and public consultation in its monthly progress reports. Rather than

.. documenting the consultation process in the application, A VEC will include a summary of the three-stage consultation process in the License Application and make available the progress reports to entities upon request. Thus, in so much as Section 4.41(f) and 4.38(f) .. would impose unnecessary duplicative requirements on A VEC, they should be waived . AVEC maintains that good cause exists for granting the requested waivers. Coordinating the environmental review and application preparation processes will result in a more efficient and comprehensive review of the Project. Advancing requests for information that the public, federal and state resource agencies and the Commission make before the - application is filed will improve the quality of the environmental information developed about the Projecrl. Allowing the public and state and federal resources agencies to review and comment on application related material simultaneously with the EA will reduce the time and effort associated with Project review. Final recommendations and mandatory license terms and conditions and prescriptions will not be solicited until after the final

- License Application and Revised Draft EA are made available. Further, commission staff will issue a draft and final EA before completing the environmental review process for the Project. Integrating preparation of the EA and the License Application will change -

J AVEC recognizes that FERC retains authority under section 4.32(g) of its regulations to request

- additional infonnation from AVEC throughout the process. Prior to filing the License Application and formal invocation of Section 4.32(g), AVEC voluntarily agrees to submit to that authority.

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III

- Project No. 11561-000 Old Harbor Project the scheduling of some events, however, no major consultation requirement will be -omitted.

CONCLUSION -WHEREFORE, for the foregoing reasons, AVEC respectfully requests that you grant the waivers described herein pursuant to your authority under 18 CFR 375.314(c)(4) & - (c)(9).

-- Further AVEC, respectfully requests waiver of any other provisions of part 4 of the

regulations that might otherwise conflict with the coordinated application and environmental review process described herein.

Daniel Hertrich, CE

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r-"JGINEERS - SURVEYORS. ENERGY CONSULTANTS - Project No. 11561-000 Old Harbor Project

October 1, 1997-LOIS CASHELL, SECRETARY

FEDERAL ENERGY REGULATORY COMMISSION - 888 FIRST STREET NE

WASHINGTON DC 20426- Subject: Acceptance ofCommunications Protocol and NEP A Consolidated Process

- Dear Secretary, Alaska Village Electric Corporation (AVEC) expressed its intent to prepare an ,Applicant - Prepared Environmental Assessment (APEA) in place of an Exhibit E for the License Application it will prepare during the preliminary permit term for Project No. I 1561-000. The letter ofintent was filed with the Commission on September 12, 1996. Commission staff requested A VEC seek approval from the state and federal resource agencies regarding the APEA process and communications during this process. - With the following exceptions, all of the approval forms have been signed.

- ADEC Exxon Valdez Trustee Council This council is deferring to agencies. They have stated that they don't have a role in this area.- Department ofTrans po ration

Will not sign but say go ahead with the APEA process anyway .

Division of Governmental Coordination This agency doesn't have a role in decision making directly. They defer to the individual - agencies in this matter. U.S. Corps of Engineers- They state that their expected level of involvement in the project does not require signing the agreement form. - Alaska Department ofFish and Game Have not signed the form yet but agree with the reVISIons m the communications protocol. -

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1503 WEST 33RD AVENUE. SUITE 310 ANCHORAGE. ALASKA 99503 PHONE (907) 2582420 TELEFAX (907) 258-2419

- Project No. 11561-000 Old Harbor Project Department of Environmental Conservation - Have stated that they will sign the form but have not received it yet. Environmental Protection Agency -Have not received a response yet.

U.S. Department of the Interior -States that BLM doesn't have involvement in the land issue due to lack of ownership.

- If the Commission has any questions for these agencies you may wish to contact them directly. The attached list of interested parties includes numbers and addresses.

- A VEC herein files an original and eight (8) copies of the Agency Approval and Support Request for the APEA process and Communications Protocol approved by the resource management agencies. -Direct any questions to Polarconsult

Sincerely,

p~1i:z:;;X Daniel Hertrich, CE -Attached:

Revised Communications Protocol List of Interested Parties

Signed Agency Approval Forms (Lois Cashell, Secretary, only)

cc: Nan Allen - Tony Azuyak Jay Bellinger Rick Berns Walt Boyle -

-John Bregar Lois Cashell, Secretary Emil Christiansen Wayne Dolezal



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I I I I I I I List of I ntcrested Parties Old Harbor Project 10/1/97

Project No. 1\561-000

First Name I~ ~a~ ~ame ~rg~~iza!ion ~am: _ _ _ JlJep~rtlllentlI)~~ision Address I _________ . C~t __ ~~~ IP{)s~l.c:o~el~or~ ~lione -1'~~~/II~lllber Nan Allen Federal Energy Regulatory Commission 888 First Street NE Washingto D.C. I 20426202-219-2938 202-219-2732 Tony Azuyak Old Harbor fribal Council P-O.BoxTI- . OldHarbOr AI

TONY KNOWLES, GOVERNOR .. 333 RASPBERRY ROAD DEPARTMENT OF FISH AND GAME ANCHORAGE, ALASKA 99518-1599 PHONE: (907) 344-0541 .. HABITAT AND RESTORA TlON DIVISION

.. September 18, 1997

Mr. Earle Ausman

Polarconsult Alaska Inc.


Anchorage, AK 99503

Dear Mr. Ausman:

Re: Old Harbor Hydroelectric Project Communications Protocol FERC N 11561-000

..

The Alaska Department of Fish and Game (ADF&G) has reviewed the August 22, 1997 revised communications protocol for the Old Harbor Hydroelectric Project. We appreciate the changes made in response to our recommendations of August 13, 1997. In most aspects, the revised protocol clearly details what is to be done. However, as revised, the topic of ex parte communications within and between resource agencies

contained in newly added Section "I", did not adequately address our

concerns.

Ex parte communications (18 CFR 385.2201) pertain specifically to communications with the Federal Energy Regulatory Commission (FERC)

and do not apply to communications among resource agencies. Our

position is that inter/intra agency communications for purposes of

such things as identifying information requirements, reviewing project

documents for adequacy of the data presented, and formulating agency

recommendations and responses to project proposals are not subject to.. the formal. rlocumentation and notification requirements of the public communications protocol.

.. Therefore, proposed Section "I" should be deleted and changed to read

as shown in Section D of the attached September 18, 1997 mark-up of

the August 22, 1997 version to the communications protocol. By adding

- the new Section D, a few editorial changes are required in the following sections (i.e., renumbered Sections E, F, G, H, and I, and deletion of the reference to paragraph "I" in renumbered Sections E,

F, and G). Further, to clarify exactly what is required under FERC's

ex parte rules, and to have a copy readily available we recommend that- a copy of 18 CFR 385.2201 be attached to the protocol. Reference to the attachment can be made in renumbered Section H . ..

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11K107LH

Mr. Earle Ausman -2- September 18, 1997

Two other recommendations include; specifying in Section J of the protocol, that changes be made through written concurrence, and- modifying Section B to include that notices of meetings be published in at least one newspaper having statewide circulation (e.g., Anchorage Daily News) . We appreciate your commitment to working with us to refine the Old Harbor Hydroelectric communications protocol and thank you for the opportunity to comment. Should you have any questions please do not hesitate to contact me at either the letterhead address or call me at (907)267-2333.

- Sincerely, f.:~::e

Habitat Biologist Region II

Habitat Division

Enclosures-cc: N. Allen, FERC Contact

C. Estes, ADF&G T. Rumfelt, ADEC

G. Wheeler, USFWS-WAES J. Bellinger, Kodiak NWR B. Smith, NMFS-

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DEPARTMENT OF FISH AND GAME

HABITAT AND RESTORATlON DIVISION

August 13, 1997 .. Mr. Earle Ausman

- Polarconsult Alaska Inc. 1503 West 33rd Avenue, Suite 310 Anchorage, AK 99503 - Dear Mr. Ausman:

Re: Old Harbor Hydroelectric Project Communications Protocol

FERC Nil 11561-000

TONY KNOWLES, GOVERNOR

333 RASPBERRY ROAD ANCHORAGE, ALASKA 995181599 PHONE: (907) 3440541

The Alaska Department of Fish and Game (ADF&G) has reviewed the proposed communications protocol for the Old Harbor Hydroelectric Project. We appreciate the extensive effort you have

put into preparing a comprehensive process aimed at expediting the Federal Energy Regulatory Commission's (FERC) hydroelectric project licensing process including baseline documentation that should lead toward preparation of a meaningful environmental assessment.

We understand that the project sponsor, the Alaska Village Electric Cooperative, Inc. (AVEC), proposes to use the FERC applicant prepared environmental assessment process (APEAP) to

address National Environmental Policy Act (NEPA) requirements for this venture. Toward that end a proposed communications protocol dated February 7, 1997, was drafted and has since been discussed and amended by several pieces of correspondence.

As it now stands, the evolution of this communications protocol is detailed by the following

documents (copies enclosed):

1. Proposed COMMUNICA nONS PROTOCOL

Page 1, dated February 7, 1997

Page 2, dated April 9, 1997

Page 3, dated February 7, 1997 - Page 4, dated February 7, 1997

2. April 2, 1997 Meeting Minutes which under item 5 provides some clarification on Agency ex parte communications .

3. April 9, 1997 letter from Polarconsult Alaska, Inc. which (a) clarifies the intents and purposes for the waiver of 3 conditions of the FERC process, and (b) updates section D of the Communications Protocol.

4. A flow chart received in July 1997, which depicts the schedule for each part of the APEAP - and identifies the beginning and end dates of the associated milestones or steps in the process .

In most aspects of the current Old Harbor Hydroelectric project proposal, the ADF&G supports and will abide by the consolidation of the NEPA process and the Communications Protocol. ..

11K107LH

Mr. Earle Ausman -2- August 13, 1997

However, two topics remain unclear and must be resolved before we will formally commit to the procedure. These topics include ex parte communications, and a qualifier somewhere in the

procedure concerning potential future changes to the protocol. We also have a few editorial comments.

.. Ex Parte Communications: In addition to the information contained in the meeting minutes of April 2, 1997, the issue of ex parte communications must be further clarified and formally incorporated in the protocol. It was our understanding that except for Old Harbor specific

communications (as explained in Section G of this protocol) with FERC, AVEC, or AVEC's representative, communications within or among agencies whether as meetings, telephone communications, or written communications, are not subject to the ex parte rule and do not have to be recorded. However, this is not what Sections D, E, and F now state. Therefore Sections D, E, and F of the proposed protocol must be amended or a new section added which provides this clarification concerning agency communications.

..

In addition, because the ADF&G is involved in reviewing many hydroelectric projects and

because many of our communications with FERC are of a general, non-project specific nature,

Section G of this protocol should be amended to specify that the procedures contained therein

apply only when the Old Harbor project is specifically being discussed.

Potential Chanies to Protocol: To avoid future complications, the communications protocol

should allow for contingencies which might require a modification of the protocol. We

recommend a new section be added which states that any changes to the protocol must be made by prior written, mutual agreement of all signatory parties to the protocol.

Editorial Comments: (I) The last paragraph on page 4 should be rewritten to explain who the participants are that will receive copies of the monthly progress report. Are these only protocol signatories or do they include any interested parties? (2) The last sentence on the signature page should either be deleted or rewritten to become a goals statement. At present the consolidated process is an unproven methodology and the statement cannot yet be verified .

Please add Christopher Estes of ADF&G/SF-RTS, to the list of interested parties for receipt of

project related correspondence. He is located at 333 Raspberry Road, Anchorage, Alaska,

99518 . .. We appreciate your commitment to working with us to refine the Old Harbor APEAP protocol and thank you for the opportunity to comment. Should you have any questions, please do not .. hesitate to contact me at either the letterhead address or call me at (907) 267-2333 . Sincerely,]. /!d~ //'- t'. Ivo//GL ~~

By: C. Wayne Dolezal .. Habitat Biologist Region II

Enclosures

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Mr. Earle Ausman -3- August 13, 1997

cc: N. Allen, FERC Contact C. Estes, ADF&G T. Rumfelt, ADEC G. Wheeler, USFWS-WAES J. Bellinger, Kodiak NWR

B. Smith, NMFS

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

REGION 10

1200 Sixth Avenue - Seattle. Washington 98101 ,~' -.' - .- r::: \

- ..... ;.,.,. i ,/!':.""'\

-'-A 21&

REPLY TO

ATTN OF: WO-126

Charles Y. Walls, General Manager - Alaska Village Electric Cooperative

4831 Eagle Street

Anchorage, Alaska 99503-7497 -Re: Notice of Filing of a Preliminary Permit with the Federal Energy Regulatory

Commission (FERC), Project No. 11561-000 Dear Mr. Walls:

The Environmental Protection Agency (EPA) has received the above

referenced notice from FERC. The information included in the notice does not

provide the necessary level of detail to enable us to offer sUbstantive comments on

the environmental issues at this time .

However, we have enclosed a list of topics to consider while preparing your

environmental documents. EPA believes these topics are extremely important in

evaluating the environmental effects of small hydropower projects. This is a

- generalized list and all of the items may not be applicable for your proposed projects.

Therefore, we suggest that you review this list to determine the applicability of each

item to site specific conditions.

Please keep us informed of the status of this project. If you would like to

discuss any of the topics of concern EPA has raised in the enclosure. please call me - at (206) 553-1750.

- ;z~. ~-- Larry Br man

Hydro ower Coordinator - Enclosure cc: FERC-Cashell-

o Printed on Recycled Paps!

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ENVIRONMENTAL PROTECTION AGENCY

SMALL HYDROELECTRIC PROJECT IMPACT CONCERNS

GENERALIZED LIST

WATER QUALITY IMPACTS

Provide a discussion of water quality upstream and downstream of the project and in the by-pass reach location highlighting stream temperatures, dissolved oxygen, suspended sediment loads, turbidity levels, and extent of any changes in instream flow patterns. Address how the project may affect fisheries, aquatic life and potable water supplies with regard to these water quality concerns.

Water quality assessments based on chemical and physical parameters alone are often not sufficient to identify or address all surface water pollution problems. Biological assessments can measure the condition of the resource at risk. Therefore, EPA recommends that an analysis of the stream biota including studies of population dynamics, food-web organization, and taxonomic structure of communities be carried out.

Background hydrologic studies should be included so that the impacts (adverse or beneficial) are fully understood by the reviewing agencies. Indicate whether the construction and operation of the project would cause or contribute to any violations of applicable state water quality standards. Include the stream capability to assimilate point and non-point pollution from other sources. Waste materials allowed to reach navigable waters without proper permits are considered a violation of the Clean Water Act .

Monitoring

The environmental document should include a discussion of monitoring for each resource category determined to be significant through the scoping process, including fisheries and water quality. A properly designed monitoring plan will demonstrate how well the preferred alternative resolves the identified issues and concerns by measuring the effectiveness of the mitigation measures in controlling or minimizing adverse effects. The environmental document should include a discussion of how the three basic types of monitoring (implementation, effectiveness and validation monitoring) are being incorporated into this project .

..

The monitoring plan should include types of surveys,

location and frequency of sampling, parameters to be monitored, indicator species, budget, procedures for using data or results in plan implementation, and availability of results to interested and affected groups. A helpful resource for the development of.. water quality and biological monitoring plans is:

Ra

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