Kristen Bonanno & Dean Grover

Transcription

1 Kristen Bonanno & Dean Grover Pacific Northwest Region Hydropower Assistance Team September 2010

2 Sullivan Dam Boundary Dam

3 When you plan to build a low impact hydro project on a National Forest... The Federal Energy Regulatory Commission (FERC) requires hydropower projects that occupy U.S. lands to have a license or an exemption to construct, operate, and maintain a nonfederal hydroelectric project.

4 FERC 5 MW Exemption Have a total installed capacity no greater than 5 MW. Use a non-federally-owned dam built before July 22, 2005, OR use a natural water feature that does not retain water behind any structure for head. Involve only federal lands OR if it involves non-federal lands, the applicant must own or have legal access to those lands.

5 FERC EXEMPTION PROCESS FERC Traditional Licensing Process Consultation Process Between license & parties Development of license application responsive to issues Licensing Process Between FERC, licensee & parties NEPA analysis to support license order 1 st Stage ICP response Study requests 2 nd Stage Draft License Application response 3 rd Stage Final License Application response Additional Information Request Application Accepted Motion to Intervene REA Notice FERC draft & final NEPA Scoping Doc # 1 & 2 Draft Environmental Assessment (EA) & Final EA response License requires Applicant to obtain special use permit from US Forest Service

6 FERC Exemption Any right to use or occupy any Federal lands for the construction and operation of a hydropower project must be obtained from the administering Federal agencies.

7 US Forest Service Special Use Authorization The right to use or occupy national forest is governed through the issuance of a US Forest Service special use authorization.

8 Special Use Authorization Steps (36 CFR 251) 1 Project Proponent Contact US Forest Service and other agency stakeholders to discuss Project 2 Proponent Files Project Application (SF 299 Energy Proposal) 3 USFS screen for Consistency with Policy and LRMP 4 Agency Acceptance or Denial of Proposal Proponent Deliberations Initial Agency Action 5 Cost Recovery Agreement 36 CFR NEPA info gathering (NOI, scoping, analyze existing information and need for more info). Interestbased discussions with stakeholders on issues and alternatives. 7 8 NEPA Analysis NEPA Determination (interest-based discussion with stakeholders on protection, mitigation and enhancement measures and the preferred alternative) 9 Draft Environmental Impact Statement or Environmental Assessment Environmental Review of Proposal 10 Final Environmental Impact Statement or Environmental Assessment 11 Draft Record of Decision (ROD) /Special Use Authorization (SUA) 12 Issue Final ROD/ SUA Permitting Decision and Appeals 13 ROD Appeal 14 Monitoring and Enforcement Monitoring and Enforcement

9 FERC License If your project does not qualify for an exemption, then you need get a FERC License to construct, operate and maintain your project on the national forest. You are also required to obtain a US Forest Service special use authorization.

10 How FERC and the US Forest Service Work Together in FERC License Process FERC Integrated Licensing Process NOI PAD SD1 Comment on Pre- Application Document & Scoping Document 1 Pre- Application Activity Between applicant, FERC & stakeholders Data gathering & development of licensing proposal responsive to issues Study Plans Comment on Proposed Study Plans / Request Studies Preliminary Licensing Proposal or DLA Comment on Applicant s Preliminary License Proposal or Draft License Application Post- Application Activity Relationship with FERC NEPA analysis to support license order Notice of Acceptance & REA Comments on Final License Application Notice of Intervention Preliminary 4(e)s Non-Draft EA or Draft EA or EIS Comments on EA or Draft EA or EIS Modified 4(e)s & Final EA or EIS Final 4(e)s License Order Request for Rehearing yrs < license expiration

11 Federal Power Act Section 4(e) Section 4(e) of the Federal Power Act requires that a license will not interfere or be inconsistent with the purposes for which such reservation was created or acquired and shall be subject to and contain such conditions as necessary for the adequate protection and utilization of such reservation as determined by the Secretary of Agriculture. National Forests are considered reservations.

12 Success is... contacting the Forest Service as early as possible in the development of your project proposal.

13 What we have to offer Advise you about the process and timelines Share expertise Discuss expectations, including, The kinds of studies generally required, Potential resource impacts, and Potential protection, mitigation and enhancement measures that are typically included in US Forest Service terms and conditions or special use permits.

14 Process Tips Provide complete information about your project. Good maps showing where you intend to construct your project, what the project facilities look like and where they will be placed. Reliable information about project impacts (hire respected consultants who have a proven track record with hydro projects). Provide the information we ask for in a timely fashion. Understand the process. Implement cost recovery agreement as soon as you can.

15 Who ya gonna call? Local Forest Service Contacts Forest Hydropower Coordinators District Rangers Regional Hydro/Energy Team Kristen Bonanno ( ) Mike Gerdes ( )

16 Hydropower Coordinators Columbia River Gorge National Scenic Area -Pam Campbell, Colville Glenn Koehn, Fremont/Winema Bonacker, Gifford Pinchot Mike Gerdes, Mt. Baker Snoqualmie Gretta Movassaghi, Ochocho/Deschutes Rod Bonacker, Olympic Sharon Yeh, Umpqua Pam Sictung, Rogue River/Siskiyou Ian Reid, Wallowa Whitman Mike Gerdes, Wenatchee Alex Martinez, Willamette Dave Kretzing

17 Evaluate Potential Impacts of: All Facilities: Dams Penstock, flumes etc. canals Access Roads Power Plants Transmission Lines

18 Restrictive Agency Land Allocations and Wilderness Roadless Areas Wild and Scenic Rivers Wild and Scenic Study Rivers Old Growth Riparian Areas Management Areas

19 Resource Issues to Be Aware of: Instream Flow It s not just about fish Habitat Connectivity Passage and screening? Erosion Control Noxious Weeds Vegetation and Habitat Access Cultural Resource Protection

20 Critical Wildlife, Fish and Plants Constraints Presence of: Ex: Bull trout Threatened and Endangered Species US Forest Service Sensitive Species Anadromous Fish

21 Sample Hydro Suitability Map

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