FEDERAL ENERGY REGULATORY COMMISSION WASHINGTON, D. C November 27, 2013

Transcription

1 OFFICE OF ENERGY PROJECTS FEDERAL ENERGY REGULATORY COMMISSION WASHINGTON, D. C November 27, 2013 Mr. Kim D. Moore Public Utility District No. 1 of Snohomish County 2320 California Street P.O. Box 1107 Everett, WA Washington Hancock Creek Hydroelectric Project Public Utility District No. 1 of Snohomish County Reference: Deficiency of License Application and Additional Information Request Dear Mr. Moore: Your license application filed on August 1, 2013, does not fully conform to the Federal Energy Regulatory Commission s (Commission's) regulations. The deficiencies are identified in the enclosed Schedule A. Under section 4.32(e)(1) of the regulations, you have 90 days from the date of this letter to correct the deficiencies in your application. To support and assist our environmental review, in the near future we will initiate a public scoping process to solicit comments to ensure that all pertinent issues are identified and analyzed. In response to our tendering notice issued on August 16, 2013, we received requests for additional studies from the Washington Department of Fish and Wildlife. We are in the process of evaluating the additional study requests based on standards set forth in section 4.32(b)(7) of the Commission s regulations. However, our review of the license application has raised several questions for which we will need additional information from you to complete our review of the license application. A listing of the information needed is enclosed in. Under section 4.32(g) of the Commission s regulations, please file within 120 days from the date of this letter the information requested in the enclosed. If your response to the deficiencies and additional information requests causes any other part of your application to be inaccurate, that part must also be revised and refiled

2 by the due date. Also, please be aware that further requests for additional information may be sent to you at any time before final action on your application. Within 5 days of receipt, provide a copy of this letter to all agencies you will consult in response to this deficiency request. Then, when you file the requested information with the Commission, you must provide a complete copy of the information to each agency consulted under section 4.38 of the regulations. The Commission strongly encourages electronic filing. Please file the requested information using the Commission s efiling system at For assistance, please contact FERC Online Support at FERCOnlineSupport@ferc.gov, (866) (toll free), or (202) (TTY). In lieu of electronic filing, please send a paper copy to: Secretary, Federal Energy Regulatory Commission, 888 First Street NE, Washington, D.C The first page of any filing should include docket number P Please call Kelly Wolcott at (202) if you have any questions. Sincerely, Jennifer Hill, Chief Northwest Branch Division of Hydropower Licensing cc: Service list Public file 2

3 Schedule A DEFICIENCIES Please correct the following deficiencies within 90 days of the date of this letter. Initial Statement 1. Per section 4.32 (a)(4)(i) of the Commission s regulations, your application must be subscribed and verified under oath, and signed and stamped by a registered notary public. Exhibit A 2. Per section 4.41(b)(1) of the Commission s regulations, please provide the dimensions of the diversion structure wingwalls, the length of the diversion structure (i.e., spillway plus wingwalls), the dimensions of the diversion structure energy dissipaters, and the length of the diversion structure riprap apron. Exhibit B 3. Per section 4.41(c)(4)(i) of the Commission s regulations, please provide monthly flow duration curves for Hancock Creek and include the period of record and the gauging station that was used to generate the curves. 4. Per section 4.41(c)(4)(iii) of the Commission s regulations, please provide the estimated minimum and maximum hydraulic capacity of the project in terms of flow and efficiency (cubic feet per second at one half, full, and best gate), and corresponding generator output in kilowatts. Exhibit D 5. Per section 4.41(e)(4)(iii) of the Commission s regulations, please provide the estimated annualized cost for depreciation of the project. Please include this estimate as a line item in table D.4-1 for determination of project annual average costs. A-1

4 Schedule A Exhibit F 6. Per section 4.41(g)(1) of the Commission s regulations, please provide design drawings of the diversion structure energy dissipaters, the penstock buried at grade, access roads, and transmission lines. Exhibit G 7. Per section 4.39(a) of the Commission s regulations, your Exhibit G map must be stamped by a registered Professional Land Surveyor. Please provide this information. 8. Per section 4.39(b)(1) of the Commission s regulations, please provide on Exhibit G maps both true and magnetic meridians. 9. Per section 4.41(h) of the Commission s regulations, Exhibit G maps must include: (a) project boundary data in a geo-referenced electronic format (i.e., ArcView shape file or any similar format); (b) electronic boundary data that is positionally accurate to ±40 feet; (c) a project boundary that contains all project features, including the proposed powerhouse location, transmission lines, access roads, and appurtenant facilities, at a scale sufficient to detail each feature; (d) all non-federal lands identified that are within the project boundary; (e) a text file describing the map projection used for the Exhibit G data; and (f) three sets of the maps provided on a compact disk or other electronic media. Please provide this information. To ensure that the revised Exhibit G project boundary map conforms to section 4.41(h), refer to the following guidelines: A-2

5 ADDITIONAL INFORMATION Please file within 120 days from the date of this letter the following additional information. Exhibit A 1. Page A-5 of Exhibit A and Exhibit Plan F-3 indicate that the height of the proposed spillway will be 8 feet. Page 1 of Exhibit F.2, however, indicates the spillway height as 6 feet. Please correct this discrepancy. 2. Page A-7 of Exhibit A indicates that the diameter of the proposed penstock will be 40 inches. Page III-1 of Appendix F.2.A and Exhibit Plan F-4 indicate a penstock diameter of 45 inches for a higher pressure upstream portion, and 41 inches for a lower pressure downstream portion. Page 1 of Exhibit F.2 indicates a penstock diameter of 44 inches for the higher pressure upstream portion, and 39 inches for the lower pressure downstream portion. Please correct these discrepancies. 3. Page A-7 of Exhibit A indicates that the proposed penstock length will be 7,800 feet. Page III-1 of Appendix F.2.A indicates a length of 5,100 feet. Page 1 of Exhibit F.2, Exhibit Plan F-4, and Exhibit G-1 indicate a penstock length of 7,300 feet. Please correct these discrepancies. 4. Page A-16 of section A.3 explains that the project will impound approximately 0.85 acre-feet, will have no active storage volume and will have a gross total volume of the pool [of] approximately 0.63 acre-feet. Please clarify the gross impoundment volume, the net impoundment volume, and the total storage volume of the proposed project. 5. Page A-17 of section A.4.1 indicates the proposed project will produce 8,043 horsepower (approximately 6 MW) at a maximum flow of 88 cfs. Page 1 of Section F.2 of the submitted engineering design report, however, indicates the project will operate at 6 MW at a design flow of 77 cfs. Please correct this discrepancy. 6. Page A-18 of Exhibit A and Exhibit G-1 indicate that the proposed transmission line will be 0.3 miles (approximately 1,600 feet). Page 1 of Exhibit F.2 indicates a transmission line length of 400 feet (approximately 0.08 mi). Page VII-1 of Appendix B-1

6 F.2.A indicates a length of 0.15 miles (approximately 800 feet). Please correct these discrepancies. Exhibit B 7. Page B-8 of section B.3.4 describes your proposed ramping rate schedule for the bypassed reach and the tailrace downstream of the powerhouse. During the daylight hours between June 16 and October 31, the proposed ramping rates would be 1-inch-perhour when instream flow is less than the 40-cfs critical flow and 2-inches-per-hour when instream flow is greater than the 40-cfs critical flow. Please clarify which of the proposed streamflow gauges (i.e., the location of the gauge) would be used to determine if instream flows are greater or lesser than the 40-cfs critical flow. Additionally, pages II-6 and II-7 of Appendix F.2.A do not present this variable ramping rate schedule. Please correct this discrepancy. 8. Page B-10 of section B.4.1 explains that data from the North Fork Snoqualmie River and the North Fork Tolt River as well as on-site drainage area and elevation information were used in the trend analysis and calculation of long term flow estimates for the Hancock Creek Basin. Please clarify the data used for the hydrologic analysis, including: (a) the years of record utilized for each gauge; (b) an explanation of how gauged discharges were adjusted to estimate flows at the project site; and (c) a detailed explanation of the analyses performed to determine estimated project discharge rates for various recurrence intervals. In the alternative, please submit the Low Impact Hydro Fatal Flaw Analysis for the Hancock Creek Hydroelectric Project, prepared by EES Consultants and referenced on page II-3 of Appendix F.2.A. Exhibit D 9. Please itemize the capital and annual operations and maintenance costs for the proposed PM&E measures on pages D-1 to D-3 of tables D.1-1 and D.4-1. It is unclear if these costs have been included in table D.1-1. The total annual cost of PM&E measures outlined in Exhibit E is $25,000, and does not agree with the total of $69,512 in table D.4-1. Please correct this discrepancy. 10. Please clarify what items and/or activities are included in Owner Costs & Engineering included as a line item on page D-1 of table D.1-1. B-2

7 11. The expected sales tax rate provided on page D-1 of table D.1-1 is 8.1%. The State of Washington Department of Revenue website, however, indicates that the King County, Washington Unincorporated Areas Non-Regional Transit Authority sales tax rate for the current quarter is 8.6% (dor.wa.gov/content/getaformorpublication/ FormbySubject/forms_LSUAlpha.aspx). Please verify that the correct sales tax rate has been used for your project cost estimate. 12. Please explain the meaning of Debt Coverage Ratio provided on page D-3 of table D.4-1. Also, please provide a Bond to Debt Ratio if this differs from the Debt Coverage Ratio. Exhibit F 13. Appendix F.2.A of the Supporting Design Report includes a draft document titled PUD No. 1 of Snohomish County Hancock Creek Hydroelectric Project Design Criteria, prepared by EES Consultants and dated June 28, However, this draft document contains multiple omissions in data with placeholders that state to be determined based on geotechnical investigations. Because the geotechnical investigations appear to have been completed and the results submitted as Appendix F.2.B of the Supporting Design Report, please submit a final version of the Appendix F.2.A design criteria report that includes the omitted geotechnical data. Exhibit E 14. Land disturbing activities associated with the proposed construction and operation of the project would include construction of the powerhouse, tailrace, switchyard, access roads, buried transmission line, and buried penstock. These activities may involve coffer dam construction, blasting, and soil and vegetation removal, which may result in soil erosion in the project area. In Exhibit E, you provide an abbreviated discussion of potential best management practices that you would implement during construction to minimize soil erosion. You also propose to develop an Erosion and Sediment Control Plan (ESCP) and Storm Water Pollution Prevention Plan (SWPP) at least three months prior to commencing ground-disturbing activities We will need to analyze the effectiveness of any proposed sediment and erosion control and storm water pollution measures, including benefits and costs, as part of our environmental analysis. Therefore, please develop a conceptual ESCP and SWPP. The ESCP, at a minimum, shall include the following: B-3

8 a. a description of the type of cofferdam you would use and of the types, quantities, and sources of cofferdam materials; b. a description of the source of the cofferdam materials and the disposition of the cofferdam materials after removal; c. topographic maps showing all temporary and permanent project features (these should also include such features as laydown areas, cofferdams, access roads, borrow sites, disposal sites for toxic and non-toxic materials, and recreation facilities; d. descriptions of the site conditions (bedrock, soils, slopes, vegetation, and drainage); e. descriptions of the nature and extent of proposed land-disturbing activities at those features; f. a description of how you would minimize turbidity and sediment impacts during cofferdam placement and removal; g. detailed descriptions, design drawings, and specific topographic map locations of the control measures you would use at all temporary and permanent project sites (the maps must have a scale of 1 inch equal to no more than 50 feet), including erosion control measures, drainage control, measures to filter runoff from disturbed areas before it enters the river, facilities for treating water pumped from the cofferdams and the construction sites, riprap or other bank protection, temporary and permanent revegetation of disturbed land surfaces, measures to stabilize soil disposal areas, and measures for permanent restoration of the sites; h. an implementation schedule; i. documentation of consultation with Washington Department of Fish and Wildlife, Washington Department of Ecology, U.S. Army Corps of Engineers, Washington Department of Natural Resources, and King B-4

9 County Department of Natural Resources prior to preparing the plan and copies of agency comments or recommendations on the completed plan; and j. specific descriptions of how all of the agency comments and recommendations are accommodated by the plan and, if you do not adopt a recommendation, explain why using project-specific information. Allow the agencies at least 30 days to comment on the plan before filing it with the Commission. 15. On pages E-37 and E-38 of the Exhibit E, you propose to file within one year of license issuance, an Instream Flow Adaptive Management Plan. The plan would include provisions for a program to adaptively manage instream flow releases in the project bypassed reach based upon the results of a resident trout monitoring program that would be implemented during initial project operations. We will need to assess the proposed monitoring and adaptive management measures, including the benefits and costs, as part of our environmental analysis. Therefore, please develop and file the proposed Instream Flow Adaptive Management Plan. At a minimum, the plan shall include the following: a. a thorough description of the resident trout monitoring program, including monitoring locations, equipment to be used, sampling frequency and duration; b. the specific criteria (i.e., triggers) that would be used, based on the monitoring results, to adjust minimum instream flows or to implement additional mitigation measures and the justification for why those criteria were chosen; c. a specific description of how the proposed instream flow release schedule set forth in section E of the Exhibit E would be modified (i.e., what specific flows or range of flows would be implemented) or what additional mitigation measures would be implemented, if the criteria are met; d. a description of the methods that would be used to document compliance with the requirements of the plan, including any proposed monitoring reports; B-5

10 e. an implementation schedule; f. the anticipated incremental capital and annual costs for implementing any modifications to the proposed instream flow schedule or implementing any additional mitigation measures, if the criteria are met; g. documentation of consultation with the Washington Department of Fish and Wildlife, Washington Department of Ecology, U.S. Fish and Wildlife Service, National Marine Fisheries Service, Snoqualmie Tribe, and Tulalip Tribes of Washington prior to preparing the plan and copies of comments or recommendations from the consulted entities on the completed plan; and h. a specific description of how all of the comments and recommendations are accommodated by the plan and, if you do not adopt a consulted entities recommendation, explain why using project-specific information. Allow the consulted entities at least 30 days to comment on the completed plan before filing it with the Commission. 16. On pages E-99 and E-100, you state that blasting may be used for project construction if large boulders and bedrock are encountered during excavation. Please develop and file a Blasting Plan for this project. At a minimum, the plan shall include the following: a. a description of the type of blasting that you anticipate being necessary and for which project features, b. the type and quantity of explosive material that would be used for blasting, and c. personnel (safety equipment to be used, procedures to be followed during blasting to ensure safety, etc.) and environmental safety precautions that would be implemented during blasting. 17. On page E-149, you briefly describe the recreation permit system that exists for public use of Hancock Timber Resource Group forest lands surrounding your project and you refer to the company s website as a source of information. The information on the website, however, differs from your description, which appears to be outdated. Please B-6

11 update this information as needed to ensure its accuracy. 18. On page E-169, you explain that the Snoqualmie Forest Conservation Easement is intended to protect certain resources and values, including recreation, and that a range of land uses and activities are accommodated by the easement, including hydropower development. You also state on page E-14 that the Project is specifically authorized by the Conservation Easement. However, on page E-169, you indicate that the properties associated with a previously licensed project at the site were excluded from the easement. While much of your proposed project would utilize those properties, it appears that some portions of the project would be located within the easement. It is unclear how the resources and values protected by the Conservation Easement may be affected by the project. In order for us to evaluate these effects and other potential effects on recreation and land use in the project area, please provide a copy of the Conservation Easement or those portions of the easement that address recreational use and the development of your proposed project. Also, please clarify whether the project, as proposed, could require modifications to the current boundaries of the Conservation Easement. 19. Please add the King County Department of Natural Resources and Parks to your distribution list. 20. The potential effect of turbine noise on recreational users is not discussed in Exhibit E of your application. Please describe any potential noise effects on recreational use in the vicinity of the project and propose measures, if necessary, to reduce turbine noise at the powerhouse. This information may be added to section E.9, Aesthetic Resources. B-7

12 Document Content(s) P Letter.DOC