Soule Hydro LLC Hydroelectric Investigative Special Use Permit

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1 Soule Hydro LLC Hydroelectric Investigative Special Use Permit December 2013 SOULE RIVER NEAR HYDER, ALASKA Lead Agency: Responsible Official: For Further Information Contact: United States Forest Service Ketchikan-Misty Fiords Ranger District Jeffrey DeFreest Ketchikan-Misty Fiords District Ranger 3031 Tongass Avenue Ketchikan, AK Jeannie Blackmore 3031 Tongass Avenue Ketchikan, AK 99901

2 Summary Table What action is proposed? Why? What other action would meet the same need? What would it mean not to meet the need? The Proposed Action is to authorize Soule Hydro LLC to: Complete hydroelectric investigative studies Maintain existing trail Installation of two helipad platforms on existing wood structure and construction of a third helipad Continue using two stream gauges Continue using cable crossing system Conduct additional seismic refraction and core boring samples on potential North Fork dam site A preliminary permit application to investigate a hydroelectric project at this site was submitted to FERC on September 1, FERC issued a three year preliminary permit on May 20, A Forest Service special use permit is needed for Soule Hydro LLC to complete hydroelectric investigative studies on NFS lands and obtain information needed for the environmental analysis and hydroelectric project license application. None Three consecutive preliminary FERC permits have been issued to conduct investigative hydroelectric feasibility studies. Without finishing the investigative studies, the NEPA documentation for the proposed hydroelectric project would be incomplete. There are certain aspects of FERC projects which can proceed without Forest Service participation. The Forest Service chooses to participate to ensure compliance with the Forest Plan and to ensure that any needed resource protection measures are implemented. What factors will be used when making the decision between alternatives? Upon implementing all mitigation measures, the environmental assessment does not identify any significant environmental consequences of the Proposed Action. The project lies within the Hyder Inventoried Roadless Area (#530). The Chief was informed of minor amounts of tree and vegetation cutting and re-delegated the authority to the Forest Service to make the NEPA decision regarding the special use authorization which includes incidental tree/vegetation cutting. Are there any ways to mitigate adverse effects? Required resource protection measures are listed in the Description of Alternatives - Proposed Action Design Features and in resource sections in Environmental Impacts. Mitigation measures for scenery include seasonal removal of all aluminum helipad platforms and complete removal of the helipad frames, cable crossings, and AP&T s stream gauge at the expiration of the special use authorization. The removal of the U.S. Geologic Survey (USGS) stream gauge is also required at the expiration of the special use authorization. What monitoring is required? Monitoring of drilling and construction of a helipad will occur through the special use authorization. The Forest Service Handbook requires permits to meet standards through scheduled inspections. Soule Hydro LLC Hydroelectric Investigative Studies Special Use Authorization Page 1 of 10

3 Junction of West Fork (glacial fed), North Fork and main stem of Soule River Soule Hydro LLC Hydroelectric Investigative Studies Special Use Authorization Page 2 of 10

4 Location The Soule River watershed is located approximately 9 miles southwest of Hyder and approximately 90 miles east of Ketchikan. The drainage is classified as Remote Recreation Land Use Designation (LUD) and abuts the Misty Fiords National Monument Wilderness. It is located within the Hyder Inventoried Roadless Area (#530). FIGURE 1 PROJECT MAP Soule Hydro LLC Hydroelectric Investigative Studies Special Use Authorization Page 3 of 10

5 Need for the Proposal Soule Hydro LLC applied for a special use permit to investigate the potential for hydroelectric project at the Soule River. On May 20, 2013, the Federal Energy Regulatory Commission (FERC) issued a third preliminary permit to study the feasibility of this project (FERC P ) to Soule Hydro LLC and grant priority to file a license application. Soule Hydro LLC now plans to complete surveys begun in to determine the environmental effects, economic feasibility, and engineering feasibility. A Forest Service special use permit is needed for Soule Hydro LLC to conduct hydroelectric investigative studies on National Forest System (NFS) lands and obtain information needed for the environmental analysis and hydroelectric project license application. Description of Alternatives Two alternatives were considered for this analysis, No Action and the Proposed Action. No Action The No Action alternative would result in no hydroelectric investigative surveys being completed. Incomplete studies would affect the quality of the environmental analysis and the license application of the proposed hydroelectric project. No ground disturbing activities or vegetation clearing would occur. Proposed Action: The Proposed Action would authorize Soule Hydro LLC to continue hydroelectric investigative studies in the Soule River watershed, specifically including: Completion of sediment transport survey at the river delta; water quality sampling; tidal gage data recovery; delta resident fish survey; goshawk surveys part 2. Trail maintenance (i/e. brushing) to keep the trail open for survey teams. Installation of two helipad platforms on existing wood structure and construction of a third helipad (potential for vegetation cutting either brush or trees). Clearing of the third helipad would require 75 square feet. The location would be chosen, if possible, to avoid any clearing of vegetation; however several mature alpine trees were felled at the helipads previously cleared. Continued use of two stream gauges, AP&T s located on the North Fork and the United States Geologic Survey (USGS) located on the main stem of the Soule River. Continued use of cable crossing to get personnel across the main stem of the Soule River. Additional seismic refraction and core boring sampling surveys of a North Fork dam site. Blasting will take place on a newly proposed alternative dam site on the North Fork. Seismic Refractions Survey and Core Boring information is well described in the Geotechnical Plan of Operations submitted to the district. This plan would be included in the special use authorization. o Seismic Refraction Surveys Up to six seismic refraction survey lines (3,500 feet total) will be conducted. Each seismic line will consist of a string of geophones space 15 to 25 feet apart. Small explosive charges will be set off at various locations near the seismic survey lines. Land disturbance will be limited to: 1) clearing of brush along the line, 2) small hand excavations about 6-inches in diameter to securely bed the geophones, and 3) small craters up to 3 feet in diameter resulting from the explosive charges. No revegetation is planned. Soule Hydro LLC Hydroelectric Investigative Studies Special Use Authorization Page 4 of 10

6 o Core borings Two to four core borings will be drilled. The locations have been selected to evaluate the dam/spillway foundation and the tunnel portals. Land disturbances will be limited to: 1) clearing of brush and small trees in the boring area, 2) hand excavation of overburden for founding the drill platforms, 3) trampling of the ground in the immediate area of the drill platforms due to drilling activities, and 4) the drill holes themselves. A Hughes 500 helicopter based out of Hyder will be the primary support vehicle. An Astar B2 or B3 helicopter based out of Ketchikan will be used to move the larger pieces of the drill. A Longyear LF70 or similar diamond core drill mounted on a helicopter-portable skid will be the main piece of equipment for the core borings. Auxiliary drilling equipment includes a diesel generator, diesel or gas-powered pumps for providing water from nearby streams, water tanks, fuel tanks and core boxes for storing the retrieved rock cores. Ground disturbance and vegetative clearing would take place. The project is within the Hyder Inventoried Roadless Area (#530). Briefing documentation was shared with the Washington Office; the Chief re-delegated the decision making authority to the Forest Service appropriate level. Time and Duration of Activity If approved, the Forest Service special use authorization for hydroelectric investigative studies would expire May 30, 2016; this correlates with the FERC preliminary permit which expires May 20, Hydroelectric investigative studies would occur from April through November each year unless a federal or state agency requests a particular study during the winter. Design Features 1. All equipment and materials must be clean to reduce the potential for invasive plants. Clothing and boots should be inspected before transport into the project area. 2. If any heritage resources are discovered during construction, all construction must cease and a Forest Service archeologist must be notified. 3. An erosion/sediment control plan must be submitted and approved prior to drilling. (BMP 14.25) 4. Obtain any necessary water use permits from the Alaska Department of Natural Resources for drilling operations. 5. Pre and post drilling documentation shall be provided to district for monitoring purposes. 6. Access trail maintenance kept to a minimum. 7. Do not conduct blasting activities during periods of high soil moisture. 8. Blasting/drilling locations should be covered by brush debris sourced exclusively from clearing for these activities. 9. Aircraft restrictions relating to mountain goats, both timing during kidding season and distance (year-round). 10. Complete goshawk surveys per Tongass National Forest protocol. Surveyor s qualifications must be presented to the Forest Service for concurrence and completed surveys and documentation turned in by September 30 of the year taken. Mitigation Measures 1. Remove the aluminum helipads platforms and all other equipment/supplies at the end of each season of use. 2. Helipad frames, cable crossing and AP&T s stream gauges removed at expiration of the special use authorization. 3. Have USGS remove their stream gauge at the expiration of investigative special use authorization. Soule Hydro LLC Hydroelectric Investigative Studies Special Use Authorization Page 5 of 10

7 Background The Soule River watershed is located in a Remote Recreation land use designation (LUD). Goals and objectives and management prescriptions for Remote Recreation can be found in the 2008 Tongass National Forest Land and Resource Management Plan (Forest Plan), pages 3-45 to The following is historical information pertaining to the FERC process for the proposed hydroelectric project. There are certain aspects of FERC projects which can proceed without Forest Service participation. The Forest Service normally chooses to participate to ensure compliance with the Forest Plan and to ensure that any needed resource protection measures are implemented. April Alaska Power and Telephone (AP&T) applied to FERC for a preliminary permit. FERC requested comments on the preliminary permit application from multiple state and federal agencies. Forest Service identified the Soule River watershed was in an Inventoried Roadless Area and in a Remote Recreation LUD, which includes a high emphasis on Visuals. The Forest Service also suggested the need for local gauges for hydrology. To conduct hydroelectric investigative studies on National Forest System lands, a special use permit is required. FERC issued a preliminary permit on July 13, March AP&T stated they plan to install a stream gauge and would like a special use permit for its installation and additional surveys. No Forest Service response. October 2007 AP&T states they had USGS install a stream gauge on the main stem and in November they installed a smaller one on the North Fork. They were conducting surveys. No Forest Service response. March 2008 AP&T requests Forest Service special use permit for helipads, cable crossings, trail construction, and studies. April 2008 Forest Service responds with special use processing. The USGS stream gauge is identified as an unauthorized improvement. August 2008 Forest Service authorizes special use permit to AP&T for hydroelectric studies, helipads, cable crossing and trail clearing Forest Service issues second special use permit to AP&T for hydroelectric investigative studies, helipads, cable crossing and trail clearing. Amended permit to include limited geotechnical exploratory surveys Forest Service issues special use permit to Soule Hydro LLC for continuing hydroelectric investigative studies, continued use of stream gauges, helipads, stream cable crossing and trail maintenance. This permit coincided with second preliminary permit from FERC issued September 22, Soule Hydro LLC requests additional special use permit to coincide with third preliminary permit from FERC issued on May 20, 2013 and expiring on May 20, Two stream gauges were installed without Forest Service input or environmental analysis and have been operating since The stream gauge is a critical tool for the proposed hydroelectric project; however, these stream gauges are unauthorized improvement on NFS land and are inconsistent with the Forest Plan. The proposed action continues the use of these stream gauges and mitigation measures require removal of both stream gauges at the expiration of the special use authorization. Environmental Impacts of the No Action and Proposed Action Alternative The environmental impacts of the No Action and Proposed Action are described below. The discussion focuses on resources most likely to be affected by the alternatives. Where needed, required resource protection measures are included in the individual resource section. Soule Hydro LLC Hydroelectric Investigative Studies Special Use Authorization Page 6 of 10

8 Botany No Action The No Action Alternative would not affect botanical resources. No ground disturbance would occur and there would be no risk of introducing invasive species, or disturbing rare or sensitive species, if present. Proposed Action The proposed activities would not affect botanical resources. No rare or sensitive species were found in past surveys. Should a rare or sensitive species be found during implementation, information about the species and location are to be provided immediately to the district botanist, who will determine if mitigation measures are necessary. No known invasive plant infestations are currently known to occur in the project area. Known infestations of fifteen invasive plant species are located in or adjacent to the city of Hyder, Alaska. Due to relatively long distance of these in sites, the risk of direct infestation is unlikely. Measures to reduce indirect infestation include: Ensure equipment is cleaned prior to delivery to the site and precautions taken to inspect boots and clothing before transport to limit the risk of indirect infestation. Fisheries No Action The No Action Alternative would not affect the current condition of fisheries resources. Proposed Action The Proposed Action would not affect the current condition of fisheries resources. Heritage No Action The No Action Alternative would not affect heritage resources. Existing conditions would remain. Proposed Action The No Action would not affect heritage resources. Common to all projects: If any heritage resources are discovered during construction, all construction must cease and Forest Service archeologist must be notified. Hydrology No Action The No Action Alternative would not affect hydrological resources. Existing conditions would remain. Proposed Action The Proposed Action may result in short-term (1 month) adverse effects to water resources in the form of sedimentation from drilling. These effects would be minimized through the implementation of an erosion control plan. Prior to drilling, Soule Hydro LLC will submit for approval an erosion control plan which includes Best Management Practices to ensure that erosion and sediment transport is minimized. Soule Hydro must obtain any necessary water use permits, including Fish Habitat Permits, from the Alaska Department of Natural Resources for their drilling operations. Lands and Minerals No Action The No Action Alternative would not affect Minerals resources; however improvements remain on site which are inconsistent with the Remote Recreation LUDs special use management prescriptions for Lands, (LANDS2 - Permit only those new activities that are compatible with the Remote Recreation objectives (Apply High Scenic Integrity Objectives)). Soule Hydro LLC has improvements on the site which need to be removed. They include two helipads frames, a stream gauge, and a cable crossing. The current permit to Soule Hydro LLC, which expired July 31, 2012, requires removal of all structures and improvements. USGS has a stream gauge also needing removal. Soule Hydro LLC Hydroelectric Investigative Studies Special Use Authorization Page 7 of 10

9 Proposed Action The Proposed Action would not affect Lands or Minerals resources. Soule LLC would continue using the existing improvements. To be consistent with the Forest Plan Remote Recreation objectives, scenery mitigation measures must be included. In addition, the following documentation for drilling and blasting is needed. Prior and post drilling and blasting, documentation must be provided to the district pertaining to drill and blasting sites including a blasting plan, an erosion plan (sediment control) for drilling, dates of activity for both activities, and GPS and flagging of all sites. Notification to the district when drilling/blasting will take place must occur prior to drilling for monitoring purposes. Recreation No Action The No Action Alternative would not affect recreational resources. Existing low level use would continue. There are reports of people flying into No Name Lake for personal recreation trips and residents of Hyder/ and Stewart, B.C. using the bay and estuary/delta area. Occasional hunting may occur in the watershed. Proposed Action The Proposed Action may result in some disturbance to recreational activities, however the recreation use is low. If hydroelectric investigative studies are ongoing during hunting season, notice must be placed in Hyder and Stewart, B.C. to notify residents of workers using the area. To minimize long-lasting effects/evidence of human uses as called for in the Forest Plan, Remote Recreation Goals: Access trail clearing should be kept to the absolute minimum needed for safe travel. Foot travel is preferred and should be used whenever feasible. Aluminum helicopter platforms and all other equipment/supplies used must be removed at the end of each field season to minimize evidence of development. Helipad frames, cable crossing, stream gauges should be removed upon expiration of the investigative studies authorization. Scenery/Visual The Scenic Integrity Objective (SIO) for the project area is High. With High SIO, design activities should not be visually evident to the casual observer. Materials and colors should be selected that blend with the surrounding natural landscape elements to the extent a casual visitor to the site would probably not notice structures or activities associated with the permitted activity. Proposed activities which would disappear 6 months following the end of the investigative studies would meet the High SIO prescribed for this LUD. No Action The No Action Alternative would affect the Scenery/Visual resources. Soule Hydro LLC has improvements on site which are consistent (with mitigation measures) with the Forest Plan but need to be removed if the special use authorization is not approved. They include two helipads frames and a cable crossing. These improvements are permitted and have been in place since Current permit mitigation measures include removing the aluminum helipad platforms during the off-season. Since a special use application was submitted to continue using these improvements, they have not been removed. In addition, there are two stream gauges on site which are unauthorized and inconsistent with the Forest Plan. Proposed Action The Proposed Action would affect the Scenery/Visual resources. Proposed activities which would visually disappear 6 months following the end of the activity would meet the High Soule Hydro LLC Hydroelectric Investigative Studies Special Use Authorization Page 8 of 10

10 SIO prescribed for this LUD. The aluminum helipads, cable crossing, and both the AP&T and the USGS gauge do not currently meet this guideline, however, the proposed mitigation measures which include the following, would make the proposed action consistent with the Forest Plan: Remove the aluminum helipads platforms at the end of each season of use. Remove helipad frames, cable crossing and AP&T s stream gauge at the expiration of the investigative studies authorization. Have USGS remove its stream gauge at the expiration of the investigative studies authorization. Soils, Wetlands, Floodplains No Action The No Action Alternative would not affect soil, wetland, or floodplain resources because no ground disturbance would occur. Proposed Action The Proposed Action would have minimal effect on soils, wetlands and floodplains due to the seismic refraction blasting and core drilling activities. Due to the nature of SE Alaska soils, prevention measures should be taken: Do not conduct blasting activities during periods of high soil moisture. Blasting/drilling locations should be covered by brush debris sourced exclusively from clearing for these activities. Timber No Action The No Action Alternative would not affect timber resources because no vegetation management would occur. Proposed Action The Proposed Action would not directly affect timber resources. The project is in a Remote Recreation LUD; therefore it is classified as unsuitable for timber production. Minor vegetation clearing for trail maintenance, construction of a third helipad, and drilling platforms would likely occur. Wildlife No Action The No Action Alternative would maintain existing levels and use of wildlife habitat. Proposed Action It is understood that although the surveys cover several years, actual work would occur within one week to one month timeframe per year. Therefore, the Proposed Action may result in some short-term (1 month) adverse effects to wildlife species but they would be temporary and limited in scope. Include the following resource protection measures: Mountain goats occur on the ridges above the project area. Aircraft are restricted during kidding season to avoid disturbance to goats. All aircraft flights, including helicopters, should avoid known mountain goat kidding areas from May 15 through June 15. Helicopters should maintain a 1,500 meter vertical and horizontal clearance from traditional summer and kidding habitant and animals whenever feasible. Goshawk surveys are required. Surveys must be completed according to current Tongass National Forest protocol and done by qualified surveyors. Before beginning surveys, a list of surveyors and their goshawk survey qualification and experience must be provided to the KMRD biologist for concurrence. Completed survey data sheets and GPS points will be submitted to KMRD by September 30 in the year surveys are completed. Soule Hydro LLC Hydroelectric Investigative Studies Special Use Authorization Page 9 of 10

11 Agencies and Persons Contacted Scoping letters were mailed to 71 individuals, agencies, organizations and Tribal Governments. Five comment responses were received. An interdisciplinary team of Forest Service of resource specialists was also consulted in the development of this environmental analysis. The Forest Service posted a notice in the Ketchikan Daily News requesting scoping comments on August 1, A legal notice offering a 30 day comment period on the proposed action was posted in the Ketchikan Daily News, the newspaper of record, on December 10, Soule Hydro LLC Hydroelectric Investigative Studies Special Use Authorization Page 10 of 10

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