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resources management plan to avoid or mitigate impacts to any significant archeological or historic sites identified during the survey. The survey and plan shall be based on the recommendations of the SHPO and shall be conducted and prepared by a qualified cultural resources specialist. If the licensee discovers any previously unidentified archeological or historic sites during the course of constructing or developing project works or other facilities at the project, the licensee shall stop all landclearing, land-disturbing, or spoil-producing activities in the vicinity of the sites, and shall also consult with the SHPO and file for Commission approval a cultural resources management plan to avoid or mitigate impacts to significant resources, prepared by a qualified cultural resources management specialist.

The survey and the plan shall be documented in a report which shall contain the following: (1) a description of each discovered site, indicating whether it is listed or eligible to be listed on the National Register of Historic Places; (2) a description of the potential effect on each discovered site; (3) proposed measures for avoiding or mitigating the effects; (4) documentation of the nature and extent of consultation; and (5) a schedule for mitigating effects and conducting additional studies. The Commission may require changes to the plan or the report.

The licensee shall not begin land-clearing, land-disturbing, or spoil-producing activities, other than those specifically authorized in this license, or resume such activities in the vicinity of a site discovered during construction, until informed by the Commission that the requirements of this article have been fulfilled.

Article 113. At least 90 days prior to starting any land-clearing, land-disturbing, or spoil-producing activities, the licensee shall file for Commission approval, a plan approved by the Forest Service for traffic management and public safety associated with construction in the roadbed. The plan must be consistent with the standards and guidelines for affected management areas in the Fishlake National Forest Plan. Upon Commission approval, the licensee shall implement the plan. The Commission may require changes to the plan to ensure adequate protection of the environmental, scenic, and cultural values of the project area.

The plan shall provide for (1) suspension of penstock construction during the winter ski season from November 15 to April 1; during the big-game rifle hunt in October of each year (including a short pre and post season period); during summer recreation season weekends and holidays from June 15 to October 15; and (2) safe passage of public traffic during permitted

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construction periods, with traffic delays not to exceed 1 hour.

(F) This license is subject to the articles set forth in Form L-17 [54 FPC 1896] (October 1975), entitled "Terms and Conditions of License for Unconstructed Minor Project Affecting Lands of the United States," except article 15, and the following additional articles:

Article 201. The licensee shall pay the United States the following annual charge, effective the first day of the month in which this license is issued.

a. For the purpose of reimbursing the United States for the cost of administration of Part I of the Act, a reasonable amount, as determined in accordance with the provisions of the Commission's regulations in effect from time to time. The authorized installed capacity for that purpose is 867 horsepower.

b. For the purpose of recompensing the United States for the use, occupancy, and enjoyment of 7.37 acres of its lands, other than for transmission line right-of-way, a reasonable amount, as determined in accordance with the provisions of the Commission's regulations in effect from time to time.

c. For the purpose of recompensing the United States for the use, occupancy, and enjoyment of 5.33 acres of its lands for transmission line right-of-way, a reasonable amount, as determined in accordance with the provisions of the Commission's regulations in effect from time to time.

Article 202. The licensee shall clear and keep clear to an adequate width all lands along open conduits and shall dispose of all temporary structures, unused timber, brush, refuse, or other material unnecessary for the purposes of the project which result from maintenance, operation, or alteration of the project works. All clearing of lands and disposal of unnecessary material shall be done with due diligence to the satisfaction of the authorized representative of the Commission and in accordance with appropriate federal, state, and local statutes and regulations.

Article 301. The licensee shall begin construction of the project works within 2 years after the issuance date of the license and shall complete construction of the project within 4 years after the issuance date of the license.

Article 302. At least 60 days before the start of construction, the licensee shall submit one copy to the Commission's Regional Director and two copies to the Director, Division of Dam Safety and Inspections, of the final contract drawings and specifications for pertinent features of the project, such as water-retention structures, all necessary transmission facilities, the powerhouse, and water conveyance struc

tures. The Director, Division of Dam Safety and Inspections, may require changes in the plans and specifications to assure a safe and adequate project.

Article 303. Within 90 days after completing construction, the licensee shall file for Commission approval revised exhibits A, F, and G to describe and show the project as built.

Article 304. At least 6 months before start of construction, the licensee shall file for Commission approval revised exhibit A and exhibit F drawings, showing the final design of project structures. The licensee shall not begin construction of any project structure until the corresponding revised exhibit A and exhibit F drawings have been approved.

Article 401. (a) In accordance with the provisions of this article, the licensee shall have the authority to grant permission for certain types of use and occupancy of project lands and waters and to convey certain interests in project lands and waters for certain types of use and occupancy, without prior Commission approval. The licensee may exercise the authority only if the proposed use and occupancy is consistent with the purposes of protecting and enhancing the scenic, recreational, and other environmental values of the project. For those purposes, the licensee shall also have continuing responsibility to supervise and control the use and occupancies for which it grants permission, and to monitor the use of, and ensure compliance with the covenants of the instrument of conveyance for, any interests that it has conveyed, under this article. If a permitted use and occupancy violates any condition of this article or any other condition imposed by the licensee for protection and enhancement of the project's scenic, recreational, or other environmental values, or if a covenant of a conveyance made under the authority of this article is violated, the licensee shall take any lawful action necessary to correct the violation. For a permitted use or occupancy, that action includes, if necessary, cancelling the permission to use and occupy the project lands and waters and requiring the removal of any noncomplying structures and facilities.

(b) The type of use and occupancy of project lands and water for which the licensee may grant permission without prior Commission approval are: (1) landscape plantings; (2) noncommercial piers, landings, boat docks, or similar structures and facilities that can accommodate no more than 10 watercraft at a time and where said facility is intended to serve single-family type dwellings; and (3) embankments, bulkheads, retaining walls, or similar structures for erosion control to protect the existing shoreline. To the extent feasible and desirable to protect and enhance the pro

ject's scenic, recreational, and other environmental values, the licensee shall require multiple use and occupancy of facilities for access to project lands or waters. The licensee shall also ensure, to the satisfaction of the Commission's authorized representative, that the use and occupancies for which it grants permission are maintained in good repair and comply with applicable state and local health and safety requirements. Before granting permission for construction of bulkheads or retaining walls, the licensee shall: (1) inspect the site of the proposed construction, (2) consider whether the planting of vegetation or the use of riprap would be adequate to control erosion at the site, and (3) determine that the proposed construction is needed and would not change the basic contour of the reservoir shoreline. To implement this paragraph (b), the licensee may, among other things, establish a program for issuing permits for the specified types of use and occupancy of project lands and waters, which may be subject to the payment of a reasonable fee to cover the licensee's costs of administering the permit program. The Commission reserves the right to require the licensee to file a description of its standards, guidelines, and procedures for implementing this paragraph (b) and to require modification of those standards, guidelines, or procedures.

(c) The licensee may convey easements or rights-of-way across, or leases of, project lands for: (1) replacement, expansion, realignment, or maintenance of bridges and roads for which all necessary state and federal approvals have been obtained; (2) storm drains and water mains; (3) sewers that do not discharge into project waters; (4) minor access roads; (5) telephone, gas, and electric utility distribution lines; (6) nonproject overhead electric transmission lines that do not require erection of support structures within the project boundary; (7) submarine, overhead, or underground major telephone distribution cables or major electric distribution lines (69 kV or less); and (8) water intake or pumping facilities that do not extract more than one million gallons per day from a project reservoir. No later than January 31 of each year, the licensee shall file three copies of a report briefly describing for each conveyance made under this paragraph (c) during the prior calendar year, the type of interest conveyed, the location of the lands subject to the conveyance, and the nature of the use for which the interest was conveyed.

(d) The licensee may convey fee title to, easements or rights-of-way across, or leases of project lands for: (1) construction of new bridges or roads for which all necessary state and federal approvals have been obtained; (2) sewer or effluent lines that discharge into pro

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ject waters, for which all necessary federal and state water quality certification or permits have been obtained; (3) other pipelines that cross project lands or waters but do not discharge into project waters; (4) nonproject overhead electric transmission lines that require erection of support structures within the project boundary, for which all necessary federal and state approvals have been obtained; (5) private or public marinas that can accommodate no more than 10 watercraft at a time and are located at least one-half mile from any other private or public marina; (6) recreational development consistent with an approved exhibit R or approved report on recreational resources of an exhibit E; and (7) other uses, if: (i) the amount of land conveyed for a particular use is five acres or less; (ii) all of the land conveyed is located at least 75 feet, measured horizontally, from the edge of the project reservoir at normal maximum surface elevation; and (iii) no more than 50 total acres of project lands for each project development are conveyed under this clause (d)(7) in any calendar year. At least 45 days before conveying any interest in project lands under this paragraph (d), the licensee must submit a letter to the Director, Office of Hydropower Licensing, stating its intent to convey the interest and briefly describing the type of interest and location of the lands to be conveyed (a marked exhibit G or K map may be used), the nature of the proposed use, the identity of any federal or state agency official consulted, and any federal or state approvals required for the proposed use. Unless the Director, within 45 days from the filing date, requires the licensee to file an application for prior approval, the licensee may convey the intended interest at the end of that period.

(e) The following additional conditions apply to any intended conveyance under paragraph (c) or (d) of this article:

(1) Before conveying the interest, the licensee shall consult with federal and state fish and wildlife or recreation agencies, as appropriate, and the State Historic Preservation Officer.

(2) Before conveying the interest, the licensee shall determine that the proposed use of the lands to be conveyed is not inconsistent with any approved exhibit R or approved report on recreational resources of an exhibit E; or, if the project does not have an approved exhibit R or approved report on recreational resources, that the lands to be conveyed do not have recreational value.

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(3) The instrument of conveyance must include covenants running with the land adequate to ensure that: (i) the use of the lands conveyed shall not endanger health, create a nuisance, or otherwise be incompatible with overall project recreational use; and (ii) the grantee shall take all reasonable precautions to insure that the construction, operation, and maintenance of structures or facilities on the conveyed lands will occur in a manner that will protect the scenic, recreational, and environmental values of the project.

(4) The Commission reserves the right to require the licensee to take reasonable remedial action to correct any violation of the terms and conditions of this article, for the protection and enhancement of the project's scenic, recreational, and other environmental values.

(f) The conveyance of an interest in project lands under this article does not in itself change the project boundaries. The project boundaries may be changed to exclude land conveyed under this article only upon approval of revised exhibit G or K drawings (project boundary maps) reflecting exclusion of that land. Lands conveyed under this article will be excluded from the project only upon a determination that the lands are not necessary for project purposes, such as operation and maintenance, flowage, recreation, public access, protection of environmental resources, and shoreline control, including shoreline aesthetic values. Absent extraordinary circumstances, proposals to exclude lands conveyed under this article from the project shall be consolidated for consideration when revised exhibit G or K drawings would be filed for approval for other purposes.

(g) The authority granted to the licensee under this article shall not apply to any part of the public lands and reservations of the United States included within the project boundary.

(G) The licensee shall serve copies of any Commission filing required by this order on any entity specified in this order to be consulted on matters related to that filing. Proof of service on these entities must accompany the filing with the Commission.

(H) This order is issued under authority delegated to the Director and constitutes final agency action. Request for rehearing by the Commission may be filed within 30 days of the date of issuance of this order, pursuant to 18 C.F.R. § 385.713.

Environmental Assessment Federal Energy Regulatory Commission Office of Hydropower Licensing Division of Project Review

U.S.D.A. Forest Service

Fishlake National Forest

Beaver Ranger District

Date: October 04, 1990

Project Name: Beaver City Canyon Upper Hydroelectric Project

FERC Project No. 10021 - 001

A. Application

1. Application type: Minor, unconstructed 2. Date filed with the Commission: 11/29/89 3. Applicant: Beaver City

4. Water body: Beaver River; basin: Beaver 5. Nearest city or town: Beaver (See figure 1.)

6. County: Beaver; State: Utah

B. Purpose and Need for Action

1. Purpose.

Beaver City's proposed project would provide an estimated average of 3.82 gigawatthours (GWh) of electrical energy per year, which the city would use to serve its customers.

2. Need for power.

In 1988, Beaver City's summer and winter loads exceeded the city's generating capability, which comes from two resources: part of the Colorado River Storage Project and the Hunter Unit No. II steam-electric plant.

Beaver City would use generation from the proposed project to reduce the city's need to buy power to offset generating deficits. By building the project, Beaver City would also reduce both the cost the city's power customers must pay for electrical energy and the city's dependence on outside power suppliers.

The Commission staff estimates Beaver City's 50-year levelized alternative energy cost would be 100 mills per kilowatt hour (kWh). Because the levelized cost of energy from the project would be 49 mills per kWh, the project would be economically beneficial.

If Beaver City produces more power with the project than it needs, the power would be useful in meeting part of the need for power PacifiCorp and other power systems project in the Western Systems Coordinating Council region.

C. Proposed Project and Alternatives

1. Description of the proposed action. (See figure 2.)

Beaver City proposes to build the project in the Fishlake National Forest, at the site of an abandoned Utah Power and Light (UPL) hydropower project. (The UPL transmission line remains.) The project would be between the upstream existing UPL exemption (FERC Project No. 814-004) and the downstream existing Beaver City project (FERC Project No. 1858).

The project would consist of: (1) a 30-footlong, 8-foot-high diversion dam; (2) a 30-inch to 24-inch diameter, 12,200-foot-long ductile-iron, buried penstock; (3) a powerhouse, 15 feet by 26 feet, containing one generating unit with an installed capacity of 650 kilowatts, operating under a gross head of 474 feet, and producing an estimated average annual energy output of 3.82 GWh; (4) a tailrace, 3 feet in diameter and about 30 feet long; (5) a 12.47-kilovolt, 12,500-foot-long transmission line (may use the abandoned UPL transmission line); and (6) related facilities. (See exhibits F & G of the application for license.) The project would operate in an instantaneous run-of-river mode, where outflow equals inflow.

2. Applicant's proposed mitigative measures. a. Construction.

Beaver City would bury all but about 50 feet of the penstock in the road; revegetate any penstock area outside of the roadway disturbed by construction; do work on the penstock during the nonskiing season to avoid conflict with ski resort traffic; and design and build all transmission lines and poles to protect raptors. b. Operation.

Beaver City would provide year-round bypass flows to protect the fishery.

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Note: see section G1 for definition of wet and dry years.

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Utah Bureau of Water Quality, Division of Health;

Utah Division of Outdoor Recreation;

Utah Division of Wildlife Resources;

U.S. Fish and Wildlife Service;

National Park Service;

Utah State Historical Society;

Utah State Planning Coordinator;

Utah State Division of State History;
Utah Department of Natural Resources;
Beaver City Corporation;

Utah Department of Transportation;
Utah Division of Water Rights;

USDI Office of Environmental Project
Review.

From these agencies, the FS determined the major issues of developing the site are:

a. What effects would reduced water flow in this stretch of the Beaver River have on the population of resident brown trout and conditions of favorable flow?

b. What effects would the project have on recreational use in the canyon and on the travelers on Utah State Road 153 (SR 153), a designated Scenic Byway?

c. What is the potential for erosion and sedimentation?

d. Would there be a need for fish screens on the intake structure?

e. Would there be a need to protect raptors from electrocution?

These issues are addressed in section G, "Issues, Environmental Impacts, and Resolutions."

5. Alternatives, including Beaver City's proposal.

a. Alternatives considered but eliminated from detailed study.

1. Beaver City's proposal, with the pipeline relocated to the hillside along the route of the old UPL pipeline. (We dismissed this alternative because of its severe adverse visual impact and the expected 10 year or longer recovery period needed for revegetation.)

2. Building the transmission line in a new corridor. (We also dismissed this alternative because of its severe adverse visual impact, and the expected 10 year or longer recovery period needed for revegetation.)

3. Placing the transmission line underground in or along Utah State Road 153 (SR 153). (This alternative would eliminate any adverse visual impacts, but was dismissed because of conflicts with existing utilities buried in the highway. These utilities included an existing penstock for the City of Beaver Project No. 1858 and a Forest Service water line serving developed recreation sites in the Beaver River drainage. It would also have been difficult to bury the powerline because of several bridges across the river.)

b. Beaver City's license application: (See description in sections C1 and C2.)

c. Alternative of no action.

No action, denial of the license, would preclude Beaver City from constructing the proposed project. No action would involve no alterations to the existing environment and would prevent Beaver City from producing electrical power at the site.

d. Beaver City's license application, with additional mitigation.

We discuss the need for this additional mitigation in section G, and we describe the proposed license conditions for carrying out the mitigation in the appendix. This alternative would require Beaver City to do the following:

1. Do no penstock construction during (a) the winter ski season of November 15 to April 1, (b) the October rifle deer hunt and the associated pre- and postseason traffic period, and (c) the weekends and holidays of the summer recreation season from June 15 to October 15.

2. Allow no traffic delays longer than 1 hour. 3. Install 19 fish habitat improvement struc

tures.

4. Monitor project operation to determine if habitat improvement succeeds in providing desired fish populations. Beaver City may be

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