Western Minnesota Municipal Power Agency Project No. 12576 ...€¦ · B. Penstocks 8. As licensed,...

145 FERC ¶ 62,064UNITED STATES OF AMERICA

FEDERAL ENERGY REGULATORY COMMISSION

Western Minnesota Municipal Power Agency Project No. 12576-011

ORDER AMENDING LICENSE

(Issued October 25, 2013)

1. On June 4, 2013, Western Minnesota Municipal Power Agency, licensee, filed an application to amend the license for the Red Rock Project, FERC No. 12576.1 In its amendment application, the licensee proposes certain design changes to the unconstructed project. The project is located at the U.S. Army Corps of Engineers’ (Corps) Red Rock Dam on the Des Moines River in Marion County, Iowa.

Background

2. The Corps’ Red Rock Dam consists of a 110-foot-high, 6,260-foot-long earth-fill dam with a 241-foot-long gated ogee spillway. The spillway is equipped with five 45-foot-high tainter gates and fourteen 5-foot-wide, 9-foot-high sluice gates which discharge below minimum tailwater. The dam forms a 15,253-acre reservoir, Lake Red Rock, which the Corps operates at a normal conservation pool elevation of 742 feet National Geodetic Vertical Datum of 1929 (NGVD), which can be raised to 780 feet NGVD for flood control. The Corps operates the dam for flood control and recreation purposes, providing a daily discharge based on stream flow and reservoir conditions.

3. The project, as licensed, would consist of: (a) a 110-foot-long by 40-foot-wide intake structure located upstream of the existing U.S. Army Corps of Engineers’ (Corps) Red Rock Dam spillway; (b) two 20.5-foot-wide, 18.25-foot-high, 310-foot-long modified horseshoe penstocks passing through the left side of the existing spillway; (c) a 184-foot-long, 114-foot-wide powerhouse located directly downstream of the existing spillway that will house two 18.2-megawatt (MW) generators with vertical Kaplan turbines and have a total installed capacity of 36.4 MW; (d) a 125-foot-long tailrace; (e) trashracks with an associated cleaning system; (f) aeration systems installed on the project turbines; (g) air injection on the project turbines; (h) a 450-foot-long main access road connecting the powerhouse to County Road 216th Place; (i) a 150-foot-long secondary access road connecting the powerhouse’s crane pad to the main access road; (j) a 4.5-mile-long, 69-kilovolt transmission line, parts of which will be buried (a total of

1 CRD Hydroelectric, LLC, Iowa, 135 FERC ¶ 62,055 (2011).

20131025-3031 FERC PDF (Unofficial) 10/25/2013

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about 0.8 mile or 4,200 feet) and the remainder of which will be overhead; and (k)appurtenant facilities.

4. The project was amended in April 2012 to include a redesigned intake and powerhouse, and to install two units instead of three. 2 The licensee states that the reason for the current proposed amendment is to capture the changes in the project geometry as a result of the development of the detailed design of the project since the previous amendment.

Proposed Amendment

5. The licensee seeks to modify the intake structure, the penstock geometry, the penstock liner, the reinforced concrete diaphragm wall, the cutoff wall, the temporary construction laydown yard/future vehicle turnaround at the intake structure, the flow bypass conduit, the substation elevation, and eliminate the upstream submerged weir.

A. Intake and Approach Channel

6. As licensed, the Red Rock Project’s intake would consist of: a 110-foot-long by40-foot-wide, stand-alone structure founded directly on bedrock; and a stone 15.5-foot-tall weir upstream of the intake in order to prevent the ingestion of deeper water and reduce the likelihood of low dissolved oxygen (DO) concentrations in waters released below the project. The redesigned intake would be a 105-foot-long by 54-foot-widestructure. The intake would be rotated so that it (including the trashracks, stoplog slots and intake gates) is parallel to the axis of the dam, and the structure foundation would be founded on drilled shafts extending into bedrock rather than being founded directly on top of weathered rock. The top of the intake structure would be raised by one foot to an elevation of 781 feet NGVD to accommodate the gate hoist equipment, and the upstream weir would be eliminated.

7. The licensee proposes to construct a reinforced concrete diaphragm wall and mechanically stabilized earth (MSE) wall, which would form the left side of the approach channel with a top elevation ranging from 781 to 746 feet NGVD. Also, the licensee proposes to construct a seepage cutoff wall along the axis of the dam extending into the left embankment from the end of the concrete gravity structure immediately upstream of the dam crest. It would extend into the embankment for approximately 100 feet beyond the end of the concrete monoliths, and 10 feet beyond the north end of the 781 feet NGVD intake yard. An access road from County Road T-15 at the top of the dam will be connected to the intake structure yard.

2 Western Minnesota Municipal Power Agency, 139 FERC ¶ 62,039 (2012).


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B. Penstocks

8. As licensed, the project includes the construction of two 20.5-foot-wide, 18.25-foot-high, 310-foot-long modified horseshoe reinforced concrete penstocks. The licensee now proposes to construct a 21-foot-inside-diameter, 275-foot-long conduit, with a steel liner provided in the penstock sections from the downstream end of the existing gravity monolith to the upstream wall of the powerhouse. In addition, a flow bypass conduit would be routed from the penstocks through the powerhouse and discharge across the tailrace channel. The bypass conduit would allow for minimum reservoir releases of 300 cubic feet per second (cfs) should the units go off-line. It would also help mitigate dissolved oxygen concerns in the plant discharge.

C. Powerhouse and Tailrace

9. As licensed, the powerhouse would be 184-foot-long by 127-foot-wide structure,and the tailrace would be 125 feet long. The licensee now proposes to change the powerhouse to a 185-feet-long by 127-feet wide structure, and the tailrace length would change to 275 feet, extending downstream to connect with the river channel.

D. Transmission Line

10. As licensed, the transmission line would consist of a 4.5-mile-long, 69-kilovolt transmission line, parts of which would be buried (a total of approximately 0.8 mile or 4,200 feet) and the remainder of which would be overhead. The licensee now proposes to change the buried portion from 0.8 mile to 1.24 miles.

E. Lands of the United States

11. As licensed, the project would include within the project boundary approximately 28.3 acres. The proposed changes in the project design for the intake yard and access road would increase the amount of federal lands within the project boundary to 31.1 acres.

F. Construction Schedule

12. License Article 306 requires the licensee to file a schedule for submission of design documents and the plans and specifications to the Commission and Corps within 90 days of the issuance of the license. On April 22, 2013, we issued an order extending the deadline to commence construction to April 18, 2015 and to complete construction by April 18, 2018. The licensee provides in its amendment application a revisedconstruction schedule, which falls within the authorized construction period of license Article 306.


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G. Article 402

13. In addition to facility modifications, the licensee seeks to modify license Article 402. Article 402 requires the licensee to file with the Commission for approval a Water Quality Protection and Monitoring Plan. The purpose of the plan is to ensure that Des Moines River flows, as measured immediately downstream of the project’s tailrace, maintain a DO concentration of no less than 5.0 milligrams per liter (mg/l). The monitoring plan is to include the following:

(1) a provision for locating the project intake such that water withdrawals for project operations occur from the surface layer of the reservoir where higher DO concentrations are expected;

(2) a provision for installing, operating and maintaining aeration devices on the project’s turbines to increase DO concentrations in the project’s tailrace, when necessary, to maintain a DO concentration of no less than 5.0 mg/l;

(3) a description of the methods, gages and equipment, maintenance and calibration procedures, and specific locations that will be used to continuously monitor DO and water temperatures immediately downstream of the project’s tailrace;

(4) a description of the protocols for annually reporting monitoring data to the Corps, U.S. Fish and Wildlife Service (FWS), and Iowa Department of Natural Resources (Iowa DNR) and requesting comments;

(5) a provision for filing an annual report of the monitoring results with the Commission that includes any recommendations for discontinuing annual monitoring, and any comments or recommendations received from the Corps, FWS, and Iowa DNR in response to the reported monitoring results; and

(6) an implementation schedule.

14. The licensee requests that Article 402 be revised as follows: (1) revise the measurement of DO and temperature to within the project’s tailrace; (2) require continuous monitoring of DO and temperature from May 1 through October 31 of each year; and (3) strike all of Part 1 from Article 402. The licensee’s reasoning for these modifications are presented in the Environmental Review section below.

Pre-Filing Consultation

15. The licensee presented the revised design plans then followed up with meetings to discuss the proposed modifications with the Iowa DNR and the Corps on December 4, 2012, December 14, 2012, and January 16, 2013. In April 2013, the licensee provided a draft license amendment application to the FWS. Comments on the draft amendment


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application were received from the Iowa DNR, the FWS, and the Corps. The Iowa DNR and FWS accepted the changes proposed in the amendment. The licensee incorporated the Corps’ comments in the proposed amendment.

Public Notice

16. The Commission issued a public notice of the application soliciting comments, protests, and motions to intervene on August 5, 2013. No responses were filed.

Environmental Review

A. Water Quality and Flows

17. Water quality would not be impacted during construction of the project. Article 401 of the project license requires implementation of an erosion and sediment control plan during construction, and Article 310 requires, in part, the filing of a plan addressing the Corp’s requirements regarding reservoir flow diversion and regulation during project construction. 18. Approval of the licensee’s proposal would ensure that operation of the project maintains a tailrace DO concentration of no less than 5.0 milligrams per liter (mg/l). As stated in the Commission’s 2010 Environment Assessment prepared during licensing (2010 EA), the dissolved oxygen (DO) concentration of the reservoir varies considerablywith depth. During the summer low-flow period, the reservoir stratifies with DO concentrations at the surface being considerably higher than those at the bottom of the reservoir. Dissolved oxygen concentrations near the bottom of the reservoir often fall below the state standard of 5 mg/l. When the license was amended on April 13, 2012, the project included a 15.5-foot-tall submerged weir at the head of the intake area that would improve downstream water quality by preventing ingestion of deep reservoir water with low DO. However, subsequent detailed hydraulic modeling efforts revealed that the weir would not prevent the ingestion of deeper reservoir water, and therefore, would not have resulted in the anticipated downstream water quality benefits. Therefore the licensee proposes to eliminate the upstream weir.

19. In lieu of the weir, the licensee proposes to add a 48-inch bypass conduit that would be routed from the penstocks through the powerhouse and discharge across the tailrace channel via a manifold with approximately 22 spray nozzles mounted to the underside of the downstream access bridge. The manifold would span across the entire width of the tailrace channel. If water quality monitoring in the tailrace indicates that DO concentrations are approaching 5 mg/l, the licensee would manually open the control valve to provide additional aeration to the tailrace for DO augmentation. The bypass conduit would also provide for automatic minimum reservoir releases of 300 cfs in the event that the units go offline.


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20. Furthermore, in compliance with Article 402(2), the licensee would make a provision in the project design and construction for an aeration system. Article 402, in part, requires the licensee to install aeration devices on the project’s turbines to increase DO concentrations in the project’s tailrace, when necessary, to maintain DO concentrations of no less than 5.0 mg/l. Air injection ports and space for the futureaddition of air compressors would be provided so that a turbine air injection system couldbe implemented in the event that monitoring indicates that operation of the turbine bypass system is insufficient to mitigate downstream DO concentrations.

21. Based on the review above, approval of the proposed amendment would not result in any adverse impacts to water quality, and would improve the license’s ability to provide flows downstream of the project that meet the state standard of 5 mg/l.

B. Fisheries

22. The tailrace below the dam supports a sport fishery composed of white bass, walleye, channel catfish, black crappie, white crappie, freshwater drum, and carp. The fishery downstream of the dam is known to benefit from recruitment that occurs when fish are flushed from the reservoir thought the Corps’ spillway gates. As licensed, the approach velocity for the project intake is 2.2 feet per second (fps) or less with 3.75-inch bar spacing. With the current proposal, the trashrack would continue to have 3.75-inchbar spacing. The approach velocity immediately upstream of the trashrack will be 1.9 fps at a rated discharge of 8,900 cfs, and 2.2 fps at a maximum discharge of 10,235 cfs. Since the bar spacing will remain the same, and the approach velocity will remain the same or be reduced, there will be no impact to fisheries resulting from entrainment or impingement as a result of the licensee’s proposal.

23. Operation of the bypass conduit may increase turbulence in the tailrace immediately downstream of the project, which may temporarily degrade fish habitat. However, less turbulent habitat would be available in the Des Moines River immediately adjacent to the tailrace during bypass conduit operation. Operation of the bypass conduit would augment DO downstream of the project, which would benefit fisheries below the project.

24. Based on the review above, approval of the proposed amendment would not result in any significant impacts to fisheries beyond those identified for the project as licensed.

C. Terrestrial Resources

25. Approval of the proposed amendment would not result in any significant impacts to terrestrial or wetland resources. Construction of the proposed project would occur at the Corps’ Red Rock Dam and immediate vicinity, an area which is already disturbed, with little natural vegetation or wildlife habitat and no identified wetlands. Operation of


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the amended project would not cause any fluctuations in water levels or flows outside of those regulated by the Corps and reviewed in the 2010 EA.

D. Threatened and Endangered Species

26. Section 7(a)(2) of the Endangered Species Act (ESA) of 1973 requires federal agencies to ensure their action are not likely to jeopardize the continued existence of federally-listed threatened and endangered species, or result in the destruction or adverse modification of their designated critical habitat.

27. The 2010 EA reviewed three species that are federally-listed under the ESA and that occur in Marion County, Iowa: the threatened western prairie fringed orchid, the threatened prairie bush clover, and the endangered Indiana bat. The 2010 EA found that the licensed project would have no effect on the western prairie fringed orchid or the prairie bush clover, due to lack of suitable habitat. The 2010 EA determined that potential suboptimal Indiana bat habitat could be affected by transmission line construction and maintenance associated with the project, however, by following recommended habitat protection measures, the project would not be likely to adversely affect the bat or its habitat. The FWS concurred with that determination. Because the proposed amendment does not significantly alter the project’s transmission lines, and would therefore not alter the project’s likelihood of affecting Indiana bat habitat, we find that approval of the licensee’s amendment would not affect federally-listed species, and formal consultation under the ESA is not required.

E. Recreation and Land Use

28. Approval of the proposed amendment would not result in any additional impacts to recreation, land use or aesthetics during construction or operation of the project. Construction of the project would occur in the same location analyzed in the 2010 EA, and operation of the project would not result in any modifications to water levels or flows beyond those identified in the 2010 EA.

F. Cultural Resources

29. As reviewed in the 2010 EA, there are no historic properties within the project construction Area of Potential Effect. License Article 408 identifies steps that the licensee must take to protect any previously unidentified archeological or historic properties that are found during project construction, operation or maintenance, or other project-related activities in order to protect such resources. In summary, these include, as appropriate, stopping all land-disturbing activities in the vicinity, consultation with the Iowa State Historic Preservation Officer and the Corps, determination of eligibility for inclusion in the National Register of Historic Places, filing of a Historic Properties Management Plan, and filing documentation of consultation with the Commission.


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G. Request for Amendment to License Article 402

30. As part of the amendment application, the licensee is also requesting to amend several aspects of Article 402 of the project license. Article 402 requires the licensee to file with the Commission for approval a Water Quality Protection and Monitoring Plan.

31. First, the licensee requests that Article 402 be revised to require measurement of DO and temperature within the project tailrace, rather than downstream of the project’s tailrace. The licensee states that measuring DO and temperature immediately downstream of the tailrace presents two major concerns. One, the area downstream of the tailrace is accessible by the public and monitoring equipment would be at risk to vandalism. Installing fencing to provide security would reduce public access to fishing areas. Secondly, additional structures capable of withstanding maximum river flows would be required for the proper mounting of monitoring equipment, which would also reduce the public fishing area.

32. The licensee’s reasons for this request are reasonable and should be approved. Placing the monitoring equipment within the tailrace will still allow the licensee to monitor DO and temperature as released from the project to ensure that the project is releasing water with a DO concentration of at least 5 mg/l.

33. Second, the licensee requests that the amendment be revised to require continuous monitoring of DO and temperature From May 1 through October 31 of each year, when low DO concentrations are most likely to occur and ice is not typically present, rather than year round. The licensee states that continuous monitoring year round would require the equipment to operate during the winter months when ice may be present and could damage monitoring equipment. Furthermore, low DO concentrations are typically due to lake stratification during the summer and early fall, and not during the winter.

34. The licensee’s justification for this request is reasonable and should be approved. As presented in the EA, low DO concentrations typically occur in the summer months when the reservoir stratifies.

35. Lastly, the licensee requests to strike all of Part (1) from Article 402, which requires the intake to withdraw water from the surface layer of the reservoir. The licensee proposed to address this provision with the installation of an upstream weir, which was thought would prevent the ingestion of deeper reservoir water with low DO. Subsequent hydraulic modeling revealed that the weir would not prevent the ingestion of deeper reservoir water, and therefore was eliminated from the project design. In the absence of the weir, the licensee has proposed a conduit bypass system, with spray nozzles that will augment DO concentrations, if needed. Under the proposed design, water withdrawal will occur from the surface layer, at least in part, but because the Corps generally operates the reservoir between 740 and 780 feet NGVD, and the location of the


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surface layer depends on the reservoir elevation, it is hard to pinpoint the demarcation point between the upper and lower stratification layer.

36. The licensee’s request is reasonable and should be approved. Rather than having a fixed intake point, the licensee proposes a bypass system to address potential low DO concentrations. The license’s proposal would allow the licensee to augment DO if needed, and in combination with implementation of a DO monitoring plan, will ensure that the project does not contribute to low DO downstream.

37. Based upon the discussion above, the licensee’s request to amend Article 402 is granted. In ordering paragraph (F) of this order we are revising Article 402.

Administrative Provisions

A. Project Description

38. The licensee submitted, with its July 27, 2011 amendment application, revised Sections 1, 5, and 6 of the Exhibit A that describes the project. The revised sections of the Exhibit A conform to the Commission’s rules and regulations and are approved in ordering paragraph (C).

B. Exhibit Drawings

39. The Commission requires licensees to file sets of approved project drawings on microfilm and in electronic file format. The licensee filed three revised Exhibit F drawings and one Exhibit G drawing with the application showing the modifications to the intake, penstocks, and powerhouse. The Exhibit G drawing shows an increase of 2.8 acres in the delineated federal lands administered by the Corps within the project boundary (revised total is 31.1 acres).3 We reviewed the revised drawings and found that they conform to the Commission’s rules and regulations and will be approved by this order.

40. In ordering paragraph (D) of this order we are approving the filed Exhibit F and Gdrawings and the licensee is required to file them in aperture card and electronic format as shown in ordering paragraph (E).

C. Construction Related Articles

3 The increase in federal land acres does change our findings in the license

regarding annual charges. In the license order we stated that the Commission does not assess a land use charge for a licensee’s use of federal lands adjoining or pertaining to federal dams or other structures, in accordance with 18 C.F.R. § 11.2(a) (2010).


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41. The obligations set forth under the license articles, including the requirements that the licensee consult with the Commission’s Division of Dam Safety and Inspections (D2SI) – Chicago Regional Engineer and the Corps, are applicable to this amendment. The licensee may not begin construction until the D2SI – Chicago Regional Engineer has reviewed and commented on the plans and specifications, determined that all preconstruction requirements have been satisfied, and authorizes start of construction.

Conclusion

42. Based on the review above, we find that approval of the licensee’s amendment request would not result in any environmental impacts beyond those contemplated in the licensing of the Red Rock Project. Accordingly, we find that approval of the proposed amendment would not have a significant effect on the quality of the human environment.

The Director orders:

(A) Western Minnesota Municipal Power Agency’s application to amend the license for the Red Rock Project No. 12576, filed June 4, 2013, is approved as provided by this order, effective the day this order is issued.

(B) Ordering paragraph (B)(2) of the license is revised to read as follows:

“(2) Project works consisting of: (a) a 105-foot-long by 54-foot-wide intakestructure located upstream of the existing U.S. Army Corps of Engineers' (Corps)Red Rock Dam spillway; (b) two 21-foot-inside diameter, 275-foot-long circular penstocks passing through the left side of the existing spillway; (c) a 185-foot-long, 127-foot-wide powerhouse located directly downstream of the existing spillway that will house two 18.2-megawatt (MW) generators with vertical Kaplan turbines and have a total installed capacity of 36.4 MW; (d) a 275-foot-long tailrace; (e) trashracks with an associated cleaning system; (f) aeration systems, including a 300-cfs flow bypass conduit connecting the penstocks and the tailrace, discharging across the width of the tailrace; (g) provisions for air injection on the project turbines; (h) a 180- foot-long main access road connecting the powerhouse yard at an elevation of 722 feet NGVD to County Road 216th Place and a 245-foot-long secondary access road connecting the powerhouse substation to the 722 feet NGVD yard; (i) a 240- foot-long access road connecting County Road T-15 to the intake yard at an elevation of 781.0 feet NGVD; (j) a 4.5-mile-long, 69-kilovolt (kV) transmission line parts of which will be buried (a total of about 1.24 miles or 6,520 feet) and the remainder of which will be overhead; and (k)appurtenant facilities.”

(C) Sections 1, 5, and 6 of the Exhibit A filed with the amendment application


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on June 4, 2013, superseding the relevant sections of the previous Exhibit A, are approved and made part of the license.

(D) The following exhibit drawings, filed with the amendment application, conform to the Commission’s rules and regulations, and are approved and made part of the license, as labeled and numbered below. The superseded drawings are deleted from the license.

EXHIBITFERC

DRAWING No.

SUPERSEDED FERC

DRAWING No.FERC DRAWING TITLE

F-2 12576-11 12576-7 Site LayoutF-3 12576-12 12576-8 Project ProfileF-4 12576-13 12576-9 SectionsG-1 12576-14 12576-10 Project Boundary

(E) Within 45 days of the date of issuance of this order, the licensee shall file the approved exhibit drawings in aperture card and electronic file formats.

a) Four sets of the approved exhibit drawings shall be reproduced on silver or gelatin 35mm microfilm. All microfilm shall be mounted on type D (3-1/4" x 7-3/8") aperture cards. Prior to microfilming, the FERC Project-Drawing Number (i.e., P-12576-11) shall be shown in the margin below the title block of the approved drawing. After mounting, the FERC Drawing Number shall be typed on the upper right corner of each aperture card. Additionally, the Project Number, FERC Exhibit (i.e. F-2), Drawing Title, and date of this order shall be typed on the upper left corner of each aperture card.

Figure 1. Sample Aperture Card Format

Two of the sets of aperture cards along with form FERC-587 shall be filed with the


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Secretary of the Commission, ATTN: OEP/DHAC. The third set shall be filed with the Commission's Division of Dam Safety and Inspections Chicago Regional Office. The remaining set of aperture cards (Exhibit G only) and a copy of Form FERC-587 shall be filed with the Bureau of Land Management office at the following address:

Bureau of Land Management Branch of Lands (ES-930)7450 Boston Blvd.Springfield VA 22153

b) The licensee shall file two separate sets of exhibit drawings in electronic raster format with the Secretary of the Commission, ATTN: OEP/DHAC. A third set shall be filed with the Commission's Division of Dam Safety and Inspections Chicago Regional Office. Each drawing must be a separate electronic file, and the file name shall include: FERC Project-Drawing Number, FERC Exhibit, Drawing Title, date of this order, and file extension in the following format [P-12576-11, F-2, Site Layout, MM-DD-YYYY.TIF]. Electronic drawings shall meet the following format specification:

IMAGERY - black & white raster file FILE TYPE – Tagged Image File Format, (TIFF) CCITT Group 4 RESOLUTION – 300 dpi desired, (200 dpi min)DRAWING SIZE FORMAT – 24” x 36” (min), 28” x 40” (max)FILE SIZE – less than 1 MB desired

Each Exhibit G drawing that includes the project boundary must contain a minimum of three known reference points (i.e., latitude and longitude coordinates, or state plane coordinates). The points must be arranged in a triangular format for GIS georeferencing the project boundary drawing to the polygon data, and must be based on a standard map coordinate system. The spatial reference for the drawing (i.e., map projection, map datum, and units of measurement) must be identified on the drawing and each reference point must be labeled. In addition, each project boundary drawing must be stamped by a registered land surveyor.

c) The licensee shall file two separate sets of the project boundary data in a georeferenced electronic file format (such as ArcView shape files, GeoMedia files, MapInfo files, or a similar GIS format) with the Secretary of the Commission, ATTN: OEP/DHAC. The filing shall include both polygon data and all reference points shownon the individual project boundary drawings. An electronic boundary polygon data file(s) is required for each project development. Depending on the electronic file format, the polygon and point data can be included in single files with multiple layers. The georeferenced electronic boundary data file must be positionally accurate to ±40 feet in order to comply with National Map Accuracy Standards for maps at a 1:24,000 scale. The file name(s) shall include: FERC Project Number, data description, date of this order,


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and file extension in the following format [P-12576, boundary polygon/or point data, MM-DD-YYYY.SHP]. The filing must be accompanied by a separate text file describing the spatial reference for the georeferenced data: map projection used (i.e., UTM, State Plane, Decimal Degrees, etc), the map datum (i.e., North American 27, North American 83, etc.), and the units of measurement (i.e., feet, meters, miles, etc.). The text file name shall include: FERC Project Number, data description, date of this order, and file extension in the following format [P-12576, project boundary metadata, MM-DD-YYYY.TXT].

In addition, for those projects that occupy federal lands, a separate georeferenced polygon file(s) is required that identifies transmission line acreage and non-transmission line acreage affecting federal lands for the purpose of meeting the requirements of 18 CFR §11.2. The file(s) must also identify each federal owner (e.g., BLM, USFS, Corps of Engineers, etc.), land identification (e.g., forest name, Section 24 lands, national park name, etc.), and federal acreage affected by the project boundary. Depending on the georeferenced electronic file format, the polygon, point, and federal lands data can be included in a single file with multiple layers.

(F) Article 402 of the project license is revised to read as follows:

Article 402. Water Quality Protection and Monitoring Plan. At least 90 days before the start of any land-disturbing or land-clearing activities, the licensee shall file with the Commission, for approval, a Water Quality Protection and Monitoring Plan. The purpose of the plan is to ensure that Des Moines River flows, as measured within the project’s tailrace, maintain a DO concentration of no less than 5.0 milligrams per liter (mg/l).

The monitoring plan shall include, but not necessarily be limited to, the following:

(1) a provision for installing, operating and maintaining aeration devices on the project’s turbines to increase DO concentrations in the project’s tailrace, when necessary, to maintain a DO concentration of no less than 5.0 mg/l;

(2) a description of the methods, gages and equipment, maintenance and calibration procedures, and specific locations that will be used to continuously monitor DO and water temperatures from May 1 through October 31, within the project’s tailrace;

(3) a description of the protocols for annually reporting monitoring data to the U.S. Army Corps of Engineers (Corps), U.S. Fish and Wildlife Service (FWS), and Iowa Department of Natural Resources (Iowa DNR) and requesting comments;

(4) a provision for filing an annual report of the monitoring results with the


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Commission that includes any recommendations for discontinuing annual monitoring, and any comments or recommendations received from the Corps, FWS and Iowa DNR in response to the reported monitoring results; and

(5) an implementation schedule.

The licensee shall prepare the plan after consultation with the Corps, FWS, and Iowa DNR. The licensee shall include with the plan documentation of consultation, copies of comments and recommendations on the completed plan after it has been prepared and provided to the agencies, and specific descriptions of how the agencies’ comments are accommodated by the plan. The licensee shall allow a minimum of 30 days for the agencies to comment and to make recommendations before filing the plan with the Commission. If the licensee does not adopt a recommendation, the filing shall include the licensee’s reasons based on project-specific information.

The Commission reserves the right to require changes to the plan. Project operation shall not begin until the licensee is notified by the Commission that the plan and schedule are approved. Upon Commission approval, the licensee shall implement the plan and schedule, including any changes required by the Commission. The project intake and aeration devices, built in accordance with this plan, shall be shown on the as-built drawings filed pursuant to Article 303.

If the results of monitoring indicate that operational changes are necessary to protect water quality, the Commission may direct the licensee to modify project operations.

(G) This order constitutes final agency action. Any party may file a request for rehearing of this order within 30 days from the date of its issuance, as provided insection 313(a) of the Federal Power Act, 16 U.S.C. § 8251 (2012), and the Commission’s regulations at 18 C.F.R. § 385.713 (2013). The filing of a request for rehearing does not operate as a stay of the effective date of this order, or of any other date specified in this order. The licensee’s failure to file a request for rehearing shall constitute acceptance of this order.

Kelly HouffChief, Engineering Resource BranchDivision of Hydropower Administration

and Compliance


Form FERC-587OMB No. 1902-0145(Expires 07/30/2012)

INSTRUCTIONS FOR COMPLETING FORMS FERC-587

Form FERC-587 is issued to identify those project boundary maps associated with federal lands. There are two versions of the form to account for the two different ways land is surveyed in the United States, the Public Land States and the Non-Public Land States. The Public Land States version is used for projects located on the western side of the United States, and is based on the Federal Township and range system. The Non-Public Land States version is to be used for most of the projects located on the eastern side of United States, including Texas, and is based just on county information.

To complete either form you must:

1. Identify the boundary maps in the license, preliminary permit, or in the application for license, amendment of license, or preliminary permit.

2. Provide the project number assigned by FERC. Type or print legibly when entering information on the form. Include your signature, and date completing the form.

3. Microfilm copies of the project boundary maps must be submitted with the land description forms as directed by FERC. Each map must be reproduced on silver or gelatin 35 mm microfilm mounted on type D (3-1/4" X 7-3/8”) aperture cards. The project number followed by a hyphen and sheet number or letter must be typed on the front of each card in the upper right corner.

4. Mail a copy of the completed land description forms and aperture cards to:

SecretaryRouting Code PJ-12Federal Energy Regulatory Commission888 First Street NEWashington, DC 20426

Another copy of the form FERC-587 must be filed with the Bureau of Land Management state office(s) involved using the format below. Go to the following internet address to get mailing address for a particular State Office ( http://www.blm.gov/nhp/directory/index.htm).

State DirectorBureau of Land ManagementCity, State ZipATTN: FERC Withdrawal Recordation

5. Keep the land description forms and project boundary drawings up-to-date. If the project boundary changes, revised land description forms and drawings must be provided to the Commission immediately. The revised land description forms must be fully completed so as to supersede (not supplement) earlier forms. Mail updates in accordance with instruction 4.

If there are any questions, please contact the FERC at (202) 502-8836.

6. Where to send comments on the Public Reporting Burden. The public reporting burden for this collection of information is estimated to average 1 hour per response, including the time for reviewing the instruction, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding this burden estimate or any aspect of this collection of information, including suggestions for reducing this burden, to the Federal Energy Regulatory Commission, 888 First Street., Washington, DC 20426 (Attention: Mr. Michael Miller, ED-30); and to the Office of Information and Regulatory Affairs, Office of Management and Budget, Washington, DC 20503 (Attention: Desk Officer for the Federal Energy Regulatory Commission). This is a mandatory information collection requirement.)


To complete the Public Land States (Rectangular Survey System Lands) you need to:

1. Identify the state in which the project is located. If the project lies within multiple states, then provide the state for the township which the form refers.

2. Provide the FERC Project Number assigned by FERC (i.e., P-12576). Only one project number should appear on the form.

3. Identify the Township, Range and Meridian where the project lands and federal lands overlap. Each township is depicted in a map by an identifying number according to where it falls (i.e. T9SR22E). The east/west numbers are identified by the term "Range" and the north/south numbers are identified by the term "Township". The completed land description form will identify the sections of the township affected by the project (both federal and non-federal lands) and provide references to the maps that show the project boundary in those sections. Complete a separate form for each township identified, regardless of the ownership status of the lands.

4. Identify whether you are completing the form for a licensed project or a preliminary permit. Identify whether the license is pending or issued. Provide an expiration date in case of a preliminary permit.

5. Using the township grid provided on the form, identify the section (s), in which the federal land is located on the map. Every Section is numbered, from 1 to 36, depending upon its position within the township. Specify the exhibit sheet (drawing) number, or letter within the appropriate township section. If the FERC sheet numbers have been assigned, they must be used on the land description forms. In those cases where FERC has not assigned sheet numbers, assign letter designations A, B, C, etc., in lieu of FERC sheet numbers. Permittees and permit applicants must assign letter designations since FERC does not assign sheet numbers for permits. The sheet numbers or letters are to be entered in the appropriate place on the land description forms to provide references to the maps. (i.e., if sheets 74 and 75 show the project boundary in sections 13 and 24 of a township, the numbers 74 and 75 would be inserted in the box on the land description form representing sections 13 and 24).

6. Provide the name and telephone number of the person completing the form, and the date the form is submitted.



LAND DESCRIPTION

Public Land States(Rectangular Survey System Lands)

1. STATE 2. FERC PROJECT NO. __________________

3. TOWNSHIP RANGE MERIDIAN _____________

4. Check one: Check one:

License Pending Preliminary Permit Issued

If preliminary permit is issued, give expiration date: __________________________

5. EXHIBIT SHEET NUMBERS OR LETTERSSection 6 5 4 3 2 1

7 8 9 10 11 12

18 17 16 15 14 13

19 20 21 22 23 24

30 29 28 27 26 25

31 32 33 34 35 36

6. contact's name _

telephone no. ( )

Date submitted _

This information is necessary for the Federal Energy Regulatory Commission to discharge its responsibilities under Section 24 of the Federal Power Act.


To complete the Non-Public Land States ( Non-Rectangular Survey System Lands in Public Land States) form you need to:

1. Identify the state in which the project is located. If the project lies within multiple states, then provide the state for the counties which the form refers.

2. Provide the FERC Project Number assigned by FERC (i.e., P-12576). Only one project number should appear on the form

3. Identify the federal reservation that is located within the project boundary as shown on the maps.

4. Identify the federal land holding agency responsible for the federal land within the project boundary as shown on the maps

5. Identify the county or counties the federal land lies in.

6. Identify whether you are completing the form for a licensed project or a preliminary permit. Identify whether the license is pending or issued. Provide an expiration date in case of a preliminary permit.

7. Complete a land description form for each federal tract with lands inside project boundaries. If more than one land description form is required to list the Federal tracts, page numbers must be shown in the upper right corner of the form, e.g., page 1 of 2. Do not list more than one project or state on each form.

8. Provide sheet numbers or letters that should be entered on the lines provided under "Exhibit Sheet Numbers) or Letter(s)" opposite to the corresponding Federal tract identification designated by the Federal land holding agency. Specify the exhibit sheet (drawing) number, or letter within the appropriate township section. If the FERC sheet numbers have been assigned, they must be used on the land description forms. In those cases where FERC has not assigned sheet numbers, assign letter designations A, B, C, etc., in lieu of FERC sheet numbers. Permittees and permit applicants must assign letter designations since FERC does not assign sheet numbers for permits.

9. Provide the name, telephone number of the person completing the form, and the date the form is submitted.



LAND DESCRIPTION

Non-Public Land States (and Non-Rectangular Survey System Lands in Public Land States)

1. STATE 2. FERC PROJECT NO. ____________________

3. FEDERAL RESERVATION: ___________________________________________

4. FEDERAL LAND HOLDING AGENCY: __________________________________

5. Counties: _________________________________________________________

6. Check one: Check one: License Pending ______Preliminary Permit Issued

If preliminary permit is issued, give expiration date:

7. Federal Tract(s) 8. Exhibit Sheet Number(s) Identification or Letter(s)

9. contact's name _

telephone no. ( )

date submitted _

This information is necessary for the Federal Energy Regulatory Commission to discharge its responsibilities under Section 24 of the Federal Power Act.


BUREAU OF LAND MANAGEMENT STATE OFFICES

Last Updated September 21, 2009

ALASKA Bureau of Land ManagementDivision of Alaska Lands (AK-963)222 W 7TH AVE STOP 13ANCHORAGE AK 99513-7504

ARIZONA Bureau of Land ManagementDivision of Lands and Renewable Resources (AZ-930)1 N CENTRAL AVE STE 800 PHOENIX AZ 85004-4427

CALIFORNIA Bureau of Land ManagementBranch of Adjudication and Records (CA-943.5)2800 COTTAGE WAY SUITE W1623SACRAMENTO CA 95825-1886

COLORADO Bureau of Land ManagementBranch of Realty Programs (CO-935)2850 YOUNGFIELD STLAKEWOOD CO 80215-7210

IDAHO Bureau of Land ManagementLand Services Section (ID-943A)1387 S VINNELL WAYBOISE ID 83709-1657

MONTANA Bureau of Land ManagementNORTH DAKOTA Branch of Land Resources (MT-932)SOUTH DAKOTA 5001 SOUTHGATE DR

BILLINGS MT 59101-4669

NEVADA Bureau of Land ManagementBranch of Lands and Minerals Operations (NV-943.2)PO BOX 12000RENO NV 89520-0006

NEW MEXICO Bureau of Land ManagementOKLAHOMA Branch of Lands and Minerals Operations (NM-943C-2)KANSAS PO BOX 27115TEXAS SANTA FE NM 87502-0115OREGON Bureau of Land ManagementWASHINGTON Lands and Minerals Adjudication Section (OR 936.1)

PO BOX 2965PORTLAND OR 97208-2965


UTAH Bureau of Land ManagementBranch of Lands and Minerals Operations (UT-942)PO BOX 45155SALT LAKE CITY UT 84145-0155

WYOMING Bureau of Land ManagementNEBRASKA Branch of Land Resources (WY-931)

PO BOX 1828CHEYENNE WY 82003-1828

ARKANSAS Bureau of Land Management IOWA Branch of Lands (ES-930)LOUISIANA 7450 BOSTON BLVDMINNESOTA SPRINGFIELD VA 22153MISSOURIDISTRICT OFCOLUMBIAPUERTO RICOand all states eastof the MississippiRiver


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P-12576-011.DOC.......................................................1-21


Western Minnesota Municipal Power Agency Project No. 12576 ...€¦ · B. Penstocks 8. As licensed,...

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Transcript of Western Minnesota Municipal Power Agency Project No. 12576 ...€¦ · B. Penstocks 8. As licensed,...