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HomeMy WebLinkAboutBradley Lake Operational Minimum Flow Requirements 1992BRADLEY LAKE HYDROELECTRIC PROJECT OPERATIONAL MINIMUM FLOW REQUIREMENTS FERC Approved Requirement of ADF&G Minimum Flow Permit FG-86-II-0106 January 1-31 40 cfs 40 cfs February 1-28 |40 cfs 40 cfs March 1-31 40 cfs 40 cfs April 1-30 40 cfs 40 cfs May 1 100 cfs 45 cfs May 2 100 cfs 50 cfs May 3 100 cfs 55 cfs May 4 100 cfs 60 cfs May 5 100 cfs 65 cfs May 6 100 cfs 70 cfs May 7 100 cfs 75 cfs May 8 100 cfs 80 cfs May 9 100 cfs 85 cfs May 10 100 cfs 90 cfs May 11 100 cfs 95 cfs May 12-30 100 cfs 100 cfs June 1-30 100 cfs 100 cfs July 1-31 100 cfs 100 cfs August 1-31 100 cfs 100 cfs September 1-14 100 cfs 100 cfs September 15 100 cfs 95 cfs September 16 50 cfs 90 cfs September 17 50 cfs 85 cfs September 18 50 cfs 80 cfs September 19 50 cfs 75 cfs September 20 50 cfs 70 cfs September 21 50 cfs 65 cfs September 22 50 cfs 60 cfs September 23 50 cfs 55 cfs September 24-30 50 cfs 50 cfs October 1-31 50 cfs 50 cfs November 1 40 cfs 45 cfs November 2-30 40 cfs 40 cfs December 1-31 40 cfs 40 cfs Period Discharge (cfe) January -March 60 April 100 May -October 150 November 1-15 100 November 16-30 60 Necember 6 Tinkee narit1\ 57 FERC]18 g:REGEIVED UNITED STATES OF AMERICA 13h FEDERAL ENERGY REGULATORY COMMISSION °-2- Alaska Energy Authority Alaska ORDER AMENDING MINIMUM FLOW REGINE (Issued Necember 6,1991 ) By letter filed May 22,1991,the Alaska Energy Authority,licensee for the Bradley Lake Project,filed a proposal to asendtherequiredminimumflowregimefortheproject.Paragraph (D)of the December 31,1985 Order Issuing License requires thelicenseetoreleasethefollowingcubic-foot-per-second (cfs)flows as measured at the U.S.Geological Survey (USGS)streamflow gauge on the Lower Bradley River: May 1 through September 15 100 cfs September 16 through October 31 50 cfs November 1 through April 30 40 cfe The licensee proposes to implement the flow regime requiredbytheAlaskaDepartmentofFishandGame's (ADFG)December 26,1990,Fish Habitat Permit.This flow regime is almost identical to the existing regime and would be measured at the USGS streamflow gauge on the Lower Bradley River: May 12-September 14 100 cfs September 15-23:Decrease flows 5 cfs per day to 50 cfs September 24-October 31 50 cfs November 1:Decrease flows 5 cfs per day to 40 cfsNovember2-April 30 40 cfs May 1-11:Increase flows 5 cfs per day to 100 cfs The licensee subritted its proposed amendment to theNationalMarineFisheriesService(NMFS),U.S.Fish and WildlifeService(USFWS),and the ADFG by letters dated April 16,1991. The NMFS,USFWS,and ADFG approved the licensee's proposedamendmentbylettersdatedApril30,May 1,and May 3,1991,respectively. The licensee's proposed minimum flow amendment would adequately protect the fish resources in the Bradley River.Though several species are present in the river,pink salmon isthemajorspeciesofconcern.Ramping between the estab]ished flows should further increase spawning success in the river byreducingthepossibilityofstrandingfromtherapidchangesinflow'allowed under the previous flow regime.The licensee hasalsostatedthatthehigherSeptemberflowsshouldenhancecoho salmon spawning and migration.In addition,analysis of thereservoirmanagementstudiesfiledbythelicenseeindicates that JC-A-4 Project No.s22¥HoksiA fe'MITHORITY inflow and storage from Bradley Lake,in combination with naturalflowsfromtributariesoftheLowerBradleyRiver,will be adequate to maintain the proposed miniaum flows. The proposed amendment to the project's minimum flow reginewouldprovideadequateprotectionforaquaticresourcesinthe Lower Bradley River and should be approved.To ensure that the minipum flow is released at all times,the licensee should monitor flow releases and report any violations to the Commission. The Director orders: (A)The Lic "s prop d amendment to the project's minimum flow regine filed May 22,1991,as modified in paragraphsBandC,is approved. (B)The minimum flow regime approved by ordering paragraph (D)of the December 31,1985 Order Issuing License is amended to read: The licensee shall maintain the following siniaunm flowregimeintheLowerBradleyRiverasmeasuredattheU.8.Geological Survey streamflow gauge on the Lower Bradley River: May 12-September 14 100 cfs September 15-23:Decrease flows 5 cfs per day to 50 cfs September 24-October 31 50 cfs November 1:Decrease flows 5 cfs per day to 40 cfsNovember2-April 30 40 cfs May 1-11:Increase flows 5 cfs per day to 100 cfs The minimum flow may be temporarily modified if required byoperatingemergenciesbeyondthecontrolofthelicensee,and for short periods upon agreement between the licensee and the Alaska Department of Fish and Gane. (Cc)If a violation of the minimum flow occurs,the licensee shall file a report with the Coumission within 30 days from thedatethatthedatabeconeavailableindicatingtheviolation. The report should identify the violation's cause,duration,severity,environmental impacts,and the measures that were implemented to correct it.Based on the report and the Commission's investigation of the violation,the Commission reserves the right to require modifications to project facilities and operations.tON3114AdODAHOOSYhs /y XC.ARM ANSE ||AG 34 fae4-1*s|€ FEDERAL ENERGY REGULATORY COMMISSION Wasnincton.0.C.20626 Project No.8221-027 RECEIV ED august 24,1992AlaskaEnergyAuthorityaug278% David R.Eberle,Project Mana AuthorityAlaskaEnergyAuthorityonpack?Enery 701 East Tudor Road Post Office Box 190869 Anchorage,AK 99519-0869 Gentlenes: Enclosed is the order designated Instrument No.7 in the above-entitied matter. Fred E.Springer Director,Office of Hydropower Licensing xo Akaunsél Lv woLt Swec- UNITED STATES OF AMERICA FEDERAL ENERGY REGULATORY COMMISSION Alaska Energy Authority Project No.8221-027 Alaska - ORDER APPROVING AS-BUILT EXHIBIT F DRAWINGS (Issued August 24,1992) On February 21,1992,and supplemented on August 7,1992, Alaska Energy Authority,licensee for the Bradley Lake Hydroelectric Project,FERC No.8221,submitted revised exhibit Fdrawingsincompliancewitharticle47ofthelicense!'showing the project as-built. The as-built exhibit F drawings conform to the Commission's rules and regulations and confirm that the constructed project works do not differ significantly from the design approved in the license. The Director orders: (A)The following revised exhibit F drawings filed on August 7,1992,are approved and made a part of the license. Exhibit FERC _No.Title Superseding F-1 8221-73 General Plan 8221-44 F-2 8221-74 General Arrangement -8221-45 Dam,Spillway and Flow Structures F-3 8221-75 Concrete Faced Rockfill 8221-46 Dam Sections and Details F-4 8221-76 Spillway -Plan,8221-47 Elevations and Sections F-5 8221-77 Power Conduit -Profile 8221-48 and Details F-6 8221-78 Intake Channel and 8221-49 Power Tunnel Gate Shaft Sections and Details F-7 8221-79 Civil Construction 8221-50 Excavation at .Powerhouse -Plan F-8 8221-80 Civil Construction 8221-51 Excavation at Powerhouse -Elevations F-9 8221-81 Powerhouse 8221-52 33 FERC 962,495 (issued December 31,1985). 8221-82 8221-83 8221-84 8221-85 8221-86 8221-87 8221-88 8221-89 8221-90 8221-91 8221-92 8221-93 8221-94 8221-95 8221-96 8221-97 8221-98 8221-99 8221-100 2- Construction Diversion Sections and Details Middle Fork Diversion Intake Basin and Upper Channel -Plan,Profile and Sections Middle Fork Diversion Stilling Basin and Lower Channel -Plan,Profile and Sections Main Dam Diversion Channel Improvements General Arrangement Permanent Camp and Powerhouse Barge Dock Powerhouse Substation and Bradley Junction Main One Line Diagram Rehabilitated Martin River Bottom Area Waterfowl Nesting Area Powerhouse Access Roads "A"Line Road and "B" Line Road to Substation Nuka Diversion Nuka River Outlet Structure Plan Nuka Diversion Details Upper Bradley River Outlet Weir Plan,Sections and Details Powerhouse -General Arrangement Plan Elevation 15.00 feet Powerhouse -General Arrangement Plan Elevation 21.00 feet Powerhouse -General Arrangement Plans Elevation 42.00 feet and Elevation 60.00 feet Powerhouse -General 8221-53 8221-62 8221-63 8221-54 8221-55 8221-56 8221-57 8221-58 8221-59 8221-60 8221-61 8221-64 8221-65 8221-66 8221-67 8221-68 8221-69 8221-70 Arrangement -Longitudinal Section Upper Battle Creek Diversion -Plan, Profile and Section 8221-71 (B)The superseded exhibit F drawings are eliminated from the license. -3- (C)Within 90 days of the date of issuance of this order, the license shall file an original of the approved exhibit F drawings produced on silver or gelatin 35.mm microfilm mounted on Type D (3 1/4"x 7 3/8")aperture card for each drawing.In addition,the licensee shall file two Diazo-type of duplicate aperture cards.The original set and one duplicate set of aperture cards should be filed with the Secretary of the Commission.The remaining duplicate set of aperture cards should be filed with the Commission's Portland Regional Office.The FERC drawing number (8221-73 through 8221-100)shall be shown in the margin below the title block of the microfilmed drawing and also in the upper right corner of each aperture card.The top line of the aperture card shall show the FERC exhibit (i.e.,F-1 through F-28),Project Number,Drawing Title,and date of this order.-, (D)This order constitutes final agency action.Requests 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. J.Mark Robinson Director,Division of Project Compliance and Administration 60 FExc ,at UNITED STATES OF AMERICA VEDERAL BMERGY REGULATORY COMPISSION Alaska Energy Authority Project No.8221-027 Alaska ORDER APPROVING AS-BUILT EXHIBIT F DRAWINGS (Issued August 24,1992) On February 21,1992,and supplemented on August 7,1992,Alaska Energy Authority,licensee for the Bradley LakeHydroelectricProject,FERC No.8221,submitted revised exhibit Fdrawingsincompliancewitharticle47ofthelicense'showing the project as-built. The as-built exhibit F drawings conform to the Commission's rules and regulations and confirm that the constructed project vorks do not differ significantly from the design approved in thelicense. The Director orders: (A)The following revised exhibit F drawings filed on August 7,1992,are approved and made a part of the license. Exhibit =FERC No.fitle Superseding P-1 8221-73 General Plan 8221-44 F-2 8221-74 General Arrangement -6221-45 Dam,Spillway and Flow Structures F-3 8221-75 Concrete Faced Rockfill 8221-46 Dam Sections and Details Spillway -Plan,8221-47 Elevations and Sections Power Conduit -Profile 8221-48 and Details Intake Channel and 8221-49 Power Tunnel Gate Shaft Sections and Details Civil Construction 8221-50 Excavation at Powerhouse -Plan Civil Construction 8221-51 Excavation at Powerhouse -Elevations Powerhouse 8221-52 F-4 8221-76 F-5 8221-77 F-6 8221-78 F-7 8221-79 F-8 8221-80 F-9 8221-81 '33 FERC 462,495 (issued December 31,1985). DC A-7 F-27 F-28 8221-82 8221-83 8221-84 8221-85 8221-86 8221-87 8221-88 8221-89 8221-90 8221-91 8221-92 8221-93 8221-94 8221-95 8221-96 8221-97 8221-98 8221-99 8221-100 -2- Construction Diversion Sections and Details Middle Fork Diversion Intake Basin and Upper Channel -Plan,Profile and Sections Middle Fork Diversion Stilling Basin and Lower Channel -Plan,Profile and Sections Main Dam Diversion Channel Improvements General Arrangement Permanent Camp and Powerhouse Barge Dock Powerhouse Substation and Bradley Junction Main One Line Diagram Rehabilitated Martin River Bottom Area Waterfowl Nesting Area Powerhouse Access Roads "A"Line Road and "8" Line Road to Substation Nuka Diversion Nuka River Outlet Structure Plan Nuka Diversion Details Upper Bradley River Outlet Weir Plan,Sections and Details Powerhouse -General Arrangement Plan Elevation 15.00 feet Powerhouse -General Arrangement Plan Elevation 21.00 feet Powerhouse -General Arrangement Plans Elevation 42.00 feet and Elevation 60.00 feet Powerhouse <-General 8221-53 8221-62 8221-63 8221-54 8221-55 8221-56 8221-57 8221-58 8221-59 8221-60 8221-61 8221-64 8221-65 8221-66 8221-67 8221-68 8221-69 8221-70 Arrangement -LongitudinalSection-Upper Battle Creek Diversion -Plan, Profile and Section 8221-71 (B)The superseded exhibit F drawings are eliminated from the license. -3- (C)Within 90 days of the date of issuance of this order,the license shall file an originalof the approved exhibit Fdrawingsproducedonsilverorgelatin35mmmicrofilmmounted on Type D (3 1/4"x 7 3/8")aperture card for each drawing.Inaddition,the licensee shall file two Diazo-type of duplicate aperture cards.The original set and one duplicate set of aperture cards should be filed with the Secretary of the Commission.The remaining duplicate set of aperture cards shouldbefiledwiththeCommission's Portland Regional Office.The FERC drawing number (8221-73 through 8221-100)shall be shown in the margin below the title block of the microfilmed drawing and also in the upper right corner of each aperture card.The top line of the aperture card shall show the FEKC exhibit (i.e.,P-1throughP-28),Project Number,Drawing Title,and date of this order. (D)This order constitutes final agency action.RequestsforrehearingbytheCommissionmaybefiledwithin30daysofthedateofissuanceofthisorder,pursuant to 18 C.F.R.§385.713. )NtRK___-_ J.Mark Robinzon Director,Division of Project Compliance an¢Administration wtFEDERALENERGYREGULATORYCOMMISSIONWASHINGTON,D.C.20426OFFICIALBUSINESSPENALTYFORPRIVATEUSE.$300US.MAILPOSTAGEANOFEESPAIDFEDERALENERGYREGULATORYCOMMISSIONFERC-351101479J.GabeadabenndaQoars€/EsDaadesadsdeedidadaradsall, 55 FERC(065 UNITED STATES OF AMERICA FEDERAL ENERGY REGULATORY COMMISSION Alaska Energy Authority Project No.8221-021 Alaska ORDER APPROVING INTERIM MINIMUM FLOW REGIME (Issued April 25,1991 ) By letter filed January 16,1991,the Alaska EnergyAuthority,licensee for the Bradley Lake Project,filed aproposaltotemporarilychangetherequiredminimumflow regimefortheproject.Paragraph (D0)of the December 31,1985 OrderIssuingLicenserequiresthelicenseetoreleasethefollowing cubic-foot-per-second (cfs)flows as measured at theU.S.Geological Survey streamflow gauge on the lower Bradley River: May 1 through September 15 100 cfs September 16 through October 31 50 cfs November 1 through April 30 40 cfs The licensee proposes to alter the existing minimum flow regime from May 1 through July 15,1991 while filling the BradleyLakeReservoir.The reservoir stores water for power generation and minimum flow release.From May 1 through June 30,1991,the licensee proposes to maintain a minimum flow of 40 cfs instead oftherequired100cfs.Beginning on July 1,1991,the licensee proposes to increase the minimum flow by five cfs each day until reaching a flow of 100 cfs by July 15,1991.Thereafter,thelicenseewillmaintaintheminimumflowregimerequiredbythe project license. The licensee's proposal was approved by the National Marine Fisheries Service,U.S.Fish and Wildlife Service,and the Alaska Department of Fish and Game by letters dated December 20,1990, January 3,1991,and January 4,1991,respectively. The licensee's proposed interim flows would adequately protect the fish resources in the Bradley River.Though several species are present in the river,pink salmon are the major species of concern.Altering the minimum flow could potentially reduce the survival of pink salmon fry.These fry typically emerge from spawning gravels during the period covered by the proposed flow alteration and move almost immediately to the estuary approximately five miles downstream.The instream flow study results filed by the licensee indicate that the depth and velocity of the proposed 40 cfs flow will be less than that maintained at 100 cfs.However,these studies also indicate that depth and velocity at 40 cfs will still be adequate to move the pink salmon fry to the estuary.In addition,analysis of the De-A-2 reservoir management studies filed by the licensee indicates that inflow and storage from Bradley Lake,in combination with naturalflowsfromtributariesofthelowerBradleyRiver,will be adequate to maintain the proposed minimum flows. The proposed interim minimum flow regime would provideadequateprotectionforaquaticresourcesinthelowerBradleyRiverduringreservoirfillingandshouldbeapproved. The Director orders: (A)The licensee's proposal to temporarily change the required minimum flow regime filed January 16,1991,as modified in paragraph B,is approved. (B)The licensee shall maintain,from May 1 through July i, 1991,a continuous minimum flow of 40 cubic feet per second (cfs) for the protection of fish and wildlife resources,as measured at the U.S.Geological Survey streamflow gauge on the Lower Bradley River.Beginning on July 1,1991,the licensee shall increase the minimum flow by five cfs each day until reaching a flow of 100 cfs by July 15,1991.Thereafter,the licensee shall maintain the minimum flow regime approved in paragraph (0D)of the December 31,1985 Order Issuing License.The interim minimum 'flow may be temporarily modified if required by operating emergencies beyond the control of the licensee,and for short periods upon mutual agreement between the licensee and the Alaska Department of Fish and Game. (C)This order constitutes final agency action.Requests 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. {OA ia a Mus eeJ).Mark RobinsonDirector,Dividion of Project Qompliance and AdministrationaS CORRESPONDENCE DISTRIBUTION ACTION:COPIES: PRpairise) TRudser) PeECHIE L oda eC .is"jet.Le i DIer Z/DALIS : SIEC ZKQWS§K|ANGHOOYHOn''vadi.9% va tone)04100 UNITED STATES OF AMERICA ?FEDERAL ENERGY REGULATORY COMMISSION ATaska Energy Authority Project No.8221-030 Alaska ORDER APPROVING AS-BUILT EXHIBIT A AND REVISING ANNUAL CHARGES (Issued October 30,1992) On June 12,1992,and supplemented on August 19,1992,Alaska Energy Authority,licensee for the Bradley LakeHydroelectricProject,FERC No.8221,filed a revised exhibit Aincompliancewitharticle47ofthelicense'describing theprojectas-built. In the filing of August 19,1992,the licensee indicated that the powerhouse contains two vertical shaft,Pelton,90,170 horsepower turbines connected to two generators having a capacityof59,850 kW (79,800 hp)each.This is greater than theauthorizedinstalledcapacityof120,000 horsepower.Inaddition,the hydraulic capacity of the project increased from 1,300 cfs to 1,450 cfs (11.5%).The increases in capacity were approved by the Commission in a April 25,1989 letter to thelicenseeapprovingtheconstructionplansandspecifications. These increases were also approved by the Commission's OrderApprovingAs-Built Exhibit F Drawings.? Also in the August 19,1992 filing,the licensee indicated that the area of the U.S.lands occupied by the project changes from: -6,959.7 acres as indicated in the order'issued September 19,19923,to 5,412 acres of its lands excluding the transmission line right-of-way. -131 acres as indicated in the license,to 86 acres of its lands for the transmission line right-of-way. The difference between the acreage figures is due to the submerged lands in the Bradley Lake.These lands were mistakenly counted as U.S.Lands in the license application,when they really belonged to the state of Alaska. 33 FERC 462,495 (issued December 31,1985). ?60 FERC 462,143,(issued August 24,1992). 3 56 FERC 962,200. DC-A-9 =2e The as-built exhibit A conforms to the Commission's rules and regulations and confirms that the constructed project works do not differ siqnificantly from the design approved by the Commission, The changes in the tota)installed capacity,and the area of U.S.lands occupied by the Bradley Lake Hydroelectric Project will amend the annuzl charges effective the first day of the month in which the license was issued.Annual charges forinstalledcapacitywillbebaseduponthegeneratingunits capacity of 159,600 horsepower. The change in installed capacity does not materially affect the Commission's determination that the Bradley Lake Hydroelectric Project is best adapted to a comprehensive plan for the waterway. (A)The as-built exhibit A filed on August 19,1992,is approved and made a part of the license,superseding the exhibit A of the order issuing license dated December 31,1985. (B)Order paragraph (B)(2)of the license is revised in part,as follows: Project werks consisting of:(a)a low diversion dike at the outlet of the Nuka Glacier pool into the upper river Nuka River and a rock cut,diverting flow into the upper Bradley River;(b)a diversion intake on the Middle Fork Bradley River diverting flow through a 1,517-foot-long openchanneltoMarmotCreekatributaryofBradleyLake*;(c) a 125-foot-high and 600-foot-long concrete faced rockfill dam with crest elevation 1,190 feet and a 4-foot-high parapet wall on the crest;(d)an ungated ogee spillway located on a saddle feature 150 feet east of the dam with crest elevation 1,180 feet;(e)the existing Bradley Lake, which would be raised 100 feet to have a usable storage capacity of 280,000 acre-feet at maximum operating water surface elevation 1,180 feet;(f)a 408-foot-long,21-foot- nominal diameter horseshoe-shaped tunnel through the east abutment for construction diversion and then for instream flow releases;(g)a 360-foot-long intake channel;(h)an intake structure with removable trash racks;(i)a 13-foot- nominal,concrete lined power tunnel having a total length of 19,152 feet consisting with dual high-pressure gates;(j) a steel penstock having a 9-foot-diameter branches section é All elevations refer to Bradley Lake Project datum,at which zero is equal to 13.63 ft.above mean low level water at Bear Cove. |Due Date: 10h -Bae CORRESPONDENC=D »UN AGTION:COs:| |peeeen STA LS.6 _.af (Val file) -3- e with three 6.5-foot-diameter,one capped for future installation;(k)a 160-foot-long,80-foot-wide,92-foot- high reinforced concrete powerhouse at elevation 42 feet containing two vertical shaft Pelton,90,170 horsepower turbines connecting to two generators having a capacity of 59,850 kW each;(1)the 13.8-kV generator leads;(m)a 13.8/115-kV transformer;(n)a tailrace channel dischargingintoKachemekBay;(0)a 20-mile-long,115-kV,double circuit transmission line from the substatior adjacent to the powerhouse to a proposed Homer Electric Association line between Fritz Creek and Soldotna;(p)access facilitiesincludingabargebasinandramp,an airstrip and projectroadsconnectingtheairstrip,powerhouse,lower and upperconstructioncamps,and the dam;(q)recreation facilitiesconsistingofcampsitesnearthebargebasirdockandnear Bradley Lake;and (r)appurtenant facilities. (C)Article 49 of the license is revised to read as follows: Article 49.The licensee shall pay the United Statesthefollowingannualcharges,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 ]of the Act,a reasonable amount as determined in accordance the provisions of the Commission's regulations in effect from time to time.The authorized installed capacity for that purpose is 159,600 horsepower. (b)For the purpose of recompensing the United States for the use,occupancy,and enjoyment of 5,412 acres of its lands other than for transmission 1]:ne right-of- way,a reasonable amount as determined :n 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 86 acres ofitslandsfortransmissionlineright-of-way,a reasonable amount as determined in accordance with the provisions of the Commission's regulations in effect from time to time. (0)This order constitutes final agency action.Requests for rehearing by the Commission may be filed within 30 days ofthedateofissuanceofthisorder,St Matto 18 C.F.R.§385.713.poly{A MatDrector,Divisyon of Project mpliance and Administration 'EDERALENERGYREGULATORYCOMMISSIONWASHINGTON,D.C.20426OFFICIALBUSINESSPENALTYFORPRIVATEUSE.6300ULS.MAILPOSTAGEANDFEESPAIOFEDERALENERGYREGULATORYCOMMISSIONFERC-351TY190869KIDIRECTOR519-0869101479"yE€,SIECZKOUSERGYAUTHORITUDORROADEFICEBOXAK99STANLEP-8221ALASKAEN7OLEASTPOSTOFFIANCHORAGE. UNITED STATES OF AMERICA FEDERAL ENERGY REGULATORY COMMISSION Alaska Energy Authority Project No.8221-030 Alaska ERRATA NOTICE (Issued November 24,1992) ORDER APPROVING AS-BUILT EXHIBIT A AND REVISING ANNUAL CHARGES (issued October 30,1992) The issuance of this errata notice is necessary to correctminorerrorsinthetextofitems(a),(i),and (j);and includeitems(s),and (t)in ordering paragraph (B)of the OrderApprovingAs-Built Exhibit A and Revising Annual Charges issuedOctober30,1992,for the Bradley Lake Hydroelectric Project,FERC No.8221. Ordering paragraph (B)of the Order Approving As-BuiltExhibitAandRevisingAnnualChargesissuedOctober30,1992,isrevisedtoread: Ordering paragraph (B)(2)of the license is revised in part,as follows: Project works consisting of:(a)a low diversion dike at the outlet of the Nuka Glacier pool into the upperNukaRiverandarockcut,diverting flow into the upper Bradley River;(b)a diversion intake on the Middle Fork Bradley River diverting flow through a 1,517-foot-long open channel to Marmot Creek,a tributary of Bradley Lake ';(c)a 125-foot-high and 600-foot-long concrete-faced rockfill dam with crest elevation 1,190 feet and a 4-foot-high parapet wall on the crest;(d)an ungated ogee spillway located on a saddle feature 150 feet east of the dam with crest elevation 1,180 feet;(e)the existing Bradley Lake, which would be raised 100 feet to have a usable storage capacity of 280,000 acre-feet at maximum operating water surface elevation 1,180 feet;(f)a 408-foot- long,21-foot-nominal diameter horseshoe-shaped tunnel through the east abutment for construction diversion and then for instream flow releases;(g)a 360-foot- long intake channel;(h)an intake structure with removable trash racks;(i)a 13-foot-nominal diameter, 'All elevations refer to Bradley Lake Project datum,at which zero is equal to 13.63 ft.above mean low level water at Bear Cove. Dc-A-4 ou?sORTE -2- concrete lined power tunnel having a total length of19,152 feet with dual high-pressure gates;(j)a steelpenstockhavinga9-foot-diameter section with three6.5-foot-diameter branches,one capped for future installation;(k)a 160-foot-long,80-foot-wide,92-foot-high reinforced concrete powerhouse at elevation 42 feet containing two vertical shaft Pelton,90,170horsepowerturbinesconnectingtotwogeneratorshaving a capacity of 59,850 kW each;(1)the 13.8-kV generatorleads;(m)a 13.8/115-kV transformer;(n)a tailracechanneldischargingintoKachemekBay;(0)a 20-mile-long,115-kV,double circuit transmission line from thesubstationadjacenttothepowerhousetoaproposed Homer Electric Association line between Fritz Creek and Soldotna;(p)access facilities including a barge basinandramp,an airstrip and project roads connecting theairstrip,powerhouse,lower and upper constructioncamps,and the dam;(q)recreation facilitiesconsistingofcampsitesnearthebargebasin dock andnearBradleyLake;(r)appurtenant facilities;(s)a diversion dike with a crest elevation of 1,342 feet located at the foot of an existing waterfall on Battle Creek;and (t)an about 300-foot-long diversion channeldivertingwaterfromtheBattleCreekdike,through three ponds,to Bradley Lake. nt J.Mark Robinson Director,Division of Project Compliance and Administration eee|| pends Zed { |BERLE _| °H 3 ad 5UNITED STATES OF AMERICA PECEIVFEDERALENERGYPEGULATORYCOMMISSIONft ED JAN 02 1936AlaskaPowerAuthority)Project No.8221-000 SWEC-ANCHORAGE ORPER ISSUING LICENSE (MAJOR) (Issued DECEMBER 31,1985) On April 4,1984,the Alaska Power Authority (Applicant) filed an application for a license under Part I of the Federal Power Act (Act)to construct,operate,and maintain the Bradley Lake Rydroelectric Project No.8221.The project would be located on the Bradley River in Kenai Peninsula Borough,Alaska,partially on lands of the United States administered by the Bureau of Land Management. Notice of the application has been published and comments: have been received from interested Federal,state,and local agencies.None of the agencies objected to issuance of the license.The National Marine Fisheries Service (NMFS)was granted intervention.The significant concerns of the intervenor and the commenting agencies are discussed below. The Commission staff has prepared a Final Supplemental Fnvironmental Impact Statement (FSFIS).This FSEIS supplements the Final Environmental Impact Statement prepared by the Department of the Army,Alaska District,Corps of Engineers (Corps),in August 1982,for a similar project proposed by the Corps at the same location,but was later de-authorized.The environmental impacts associated with construction,operation,and maintenance of the project have been fully considered,based upon the FSEIS and all other relevant materials in the record.The significant issues raised with respect to the FSEIS are discussed below. Taxing into account the anticipated environmental impacts of the project,the staff has concluded that issuance of this license is in the public interest. PROJECT NESCRIPTION The proposed project would consist of a 20-foot-high diversion dam on the Middle Fork Bradley River diverting flow through an undergound pipe to Marmot Creek,a tributary of Bradley Lake,a low diversion dike on the upper Nuka River immediately below the Nuka Glacier,diverting flow from the glacier pool into the upper Bradley River,a 125-foot-high dam that would raise by ]00 feet the existing Rradley Lake,an 18,61N-foot-lonqg power tunnel,a -2- powerhouse near Kachemak Bay containing two 45-MW generatingunits,a 20-mile-long double circuit transmission line,and access facilities,as more fully described in ordering paragraph (B) below.The estimated project cost as of July 1983 is $300,000,000. OPERATION The primary function of the Bradley Lake Reservoir would be to regulate streamflow to provide for carryover storage for producing energy,in a peaking mode,throughout the year.The project would have a hydraulic capacity of 1,300 cubic feet per second (cfs)at a net head of 1,120 feet and would generate anestimated369.2 GWh of energy annually.1l/As discussed in moredetailbelow,provision for minimum instream flow releases will be made. ENVIRONMENTAL CONSIDERATIONS Final Design Changes On November 4,1985,the Applicant filed with the Commission a description of modifications to the proposed Bradley Lake Project, made as a result of final design planning.These changes include: (1)elimination of the 1.5-mile-long barge access channel to the proposed docking facility;(2)realignment of the access road to the Martin River borrow site;(3)inclusion of an instream flow diversion pipe in the construction diversion tunnel for the Bradley Lake dam;and (4)conversion of the previously proposed,44-acre freshwater waterfowl mitigative area to a 33-acre,brackish-water mitigative area.All Federal and state agencies and other interested parties were notified of these proposed changes by letter dated November 13,1985,from the Acting Director of the Office of Hydropower Licensing,and were given 30 days in which to com -7. The Applicant proposes to eliminate the barge access channel, as a result of geotechnical investigations that revealed unstable sand formations along the route of the proposed channel.Theseunstable*sands would require continuous dredging of the channel, producing a much greater volume of spoil than anticipated.Thus the Applicant proposes to use smaller barges and to eliminate the access channel and the associated dredging of an estimated 475,000 cubic yards of material.An estimated 10,000 to 50,000 cubic yardsofmaterialwouldstillbedredgedintheimmediatevicinityofthe barge dock.Commenting agencies are in agreement with this proposal. Realignment of the access road and inclusion of a flow diversion Pipe in the Bradley Lake dam are design changes that the Applicant proposes in order to lessen the impacts of the proposed project. ly _The estimated generation is equivalent to the electric energythatcouldbeproducedfrom171,000 tons of coal or 606,000 barrels of oil annually. Oo7 _3- The road would be realigned to bypass a bald eagle nesting site, and the diversion pipe would be installed so that instream flows could be released to the Bradley River at the lowest operational levels of Bradley Lake.These changes were made in response to concerns of the consulted fish and wildlife agencies. The proposed reduction in the size of the waterfowl mitigative area from 44 to 33 acres is a direct result of the proposed reduc- tion in the amount of dredge spoil from the access facilities.The Applicant previously proposed to establish the waterfowl mitigative area on the spoil disposal site after completion of dredging. Since the impacts on tidal wetlands would be greatly reduced as a result of the elimination of the:barge channel,and less spoil would be'generated by the remaining access facilities,the size of the spoil disposal site and the size of the waterfowl mitigative area can be reduced.The change from a freshwater to a brackishwater nesting area is required because of a predicted lack of freshwater inflow to the mitigative area.Commenting agencies accept these changes in the mitigative plan. The proposed changes in project facilities and mitigative measures will reduce the overall impacts of the project.Eliminat- ing the barge access channel will significantly reduce impacts to over 40 acres of upper Kachemak Bay.Realigning the access road and including a flow bypass pipe in Bradley Lake dam will have obvious benefits to bald eagles and aquatic resources in the lower Bradley River.Reducing the size of the spoil disposal site and the size of the waterfowl mitigative area will reduce the impacts to the existing tidal wetlands,but will still provide significant benefits for nesting waterfowl and other area shorebirds. Project Mitigative Plan On November 22,1985,the Applicant filed a mitigative plan for the construction and operation of the proposed project.This plan updates the Applicant's draft mitigative plan filed in January 1985,and reflects resource agency comments on the draft plan,the license application,various other project documents,and the Commission staff's (Staff)Draft Supplemental EnvironmentalImpactStatement,issued March 1,1985.The Applicant has continued to consult with the resource agencies throughout the pendency of its license application,and these consultations are reflected in the mitigative plan.The plan includes proposed mitigative measures for all resources that would be impacted by the construc- tion and operation of the project and specific measures for each project feature.The plan also contains a project monitoring program,which details the monitoring studies and activities proposed by the Applicant for both the construction and operational periods. The proposed mitigative plan will generally provide for ade- quate mitigation of major project impacts,and is herein approved. Issues that require additional discussion or license conditions are discussed below. Subsistence Use of Project Area Upper Kachemak Bay and the surrounding area are used by local residents for subsistence hunting and fishing activities.In the project area,both the Martin River and Bradley River drainages support subsistence hunting for moose,bear,and waterfowl,and the tidal flats near the project support limited hunting for marine mammals. Construction and oneration of the project will result in both short-term adverse impacts and long-term beneficial impacts upon subsistence activities.Construction activities will disrupt normal wildlife and marine mammal use of the area,which,in turn,will interrupt subsistence hunting.When construction is finished, however,wildlife use of portions of the area will likely increase, because of mitigative measures provided by the Applicant (e.g., waterfowl mitigative area).In addition,the project access roads will provide easier access into the interior areas for subsistence hunters. The State of Alaska,in commenting on the Staff's FSEIS issued on September 27,1985S,agrees that the project will not significantly restrict subsistence use of the project area. Mitigative measures provided for fish and wildlife resources will provide sufficient protection for subsistence use of those resources. Water Quality Operation of the proposed project likely will result in water temperature changes in the lower Bradley River and in possible production of hydrogen sulfide and increased concentrations of heavy metals in Rradley Lake.Significant water temperature changes and high levels of hydrogen sulfide and heavy metals are not expected to occur,however,although these impacts can only.beverifiedduringoperationoftheproject.Thus,monitoring programs will be required,with a contingency to implement appropriate mitigative measures if significant impacts are identified. In its mitigative plan,the Applicant proposes to conduct monitoring programs,both before and after the start of project operation.Water temperature data for preproject conditions has already been collected,and additional temperature data will be collected during fisheries studies that will be conducted during the project construction period.A continuously recording tempera- ture monitor will also be installed in conjunction with a stream gage to be located on the lower Bradley River,with a telemetric link to the powerhouse.This monitor will provide a continuous oO-5- recordof both surface and intragravel water temperatures during the operation of the project. The Applicant proposes to collect water quality data in Bradley Lake one year before reservoir filling,during reservoir filling,and for one year during the operational period of the project.The Applicant further proposes in regard to water quality to "implement mitigation options,if possible by identifi- cation of appropriate methods through further sampling." The Applicant's proposal to monitor water tenperatures and water guality,with the option of later implementing mitigative measures,is an acceptable approach given the minor level of impacts expected.To ensure that appropriate measures are implemented if significant impacts are later detected,however, Article 33 requires the Licensee to conduct ais onitoring program, to file the results with the Commission,and tc file for Commission approval measures required to mitigate any impacts that may be detected by the monitoring studies. Fish Resources As previously stated,project operation will likely produce water temperature changes in the lower Bradley River.This,in turn, has the potential to alter the timing of egg incubation and hatching for species of salmon that spawn in the lower Bradley River.Pink salmon is the major species of concern,since it is numerically the dominant species of salmon in the river,and since it spawns in areas most likely to be affected by temperature changes.Significant changes in the timing of pink salmon egg incubation and hatching are not expected,but these predictions can only be verified after project operations begin. Another impact on salmon resources that probably will occur is the attraction of adult salmon,bound for the Rradley River,into the powerhouse tailrace.The powerhouse will discharge flows ranging from 439 to 1,250 cubic feet per second (cfs),with an average discharge of 497 cfs.This compares to a flow of 100 cfs that willoccurinthelowerBradleyRiverduringthesalmonmigrationperiod. It is,therefore,highly probable that at least some salmon will be attracted into the tailrace,which will not contain suitable habitat for successful spawning.Such attraction will delay spawning migrations into the Bradley River. The Applicant's mitigative plan describes a program for monitor- ing fish resources.The program will include studies to determine the timing of salmon fry emergence and out-migration in the lower Bradley River,the enumeration of adult salmon escapement to theriver,and the extent and duration of adult salmon attraction to -6- the powerhouse tailrace.The Applicant also describes options thatcouldbetakentomitigateanysignificantimpactsthatarediscovered, but makes no commitment to any option.To ensure that appropriate mitiqative measures are implemented,if significant impacts are detected,Article 34 requires the Licensee to conduct fishery monitoring studies,to file the results with the Commission,and to file for Commission approval measures to mitigate any significant impacts. Intervenor NMFS requests that this license require implementation of the proposed monitoring and mitigation programs and creation of a monitoring team,and that it be a party to any determinations regarding fishery impact monitoring and mitigation.Approval herein of the Applicant's mitigative plan,along with Articles 33 through 35,which direct consultation with NMFS,among other agencies,will satisfy those requests. Frosion,Sedimentation,and Slope Stability Control Construction activities such as dredging,excavating soil and rock,and disposing of spoil will disturb soils and other consolidated deposits and will cause erosion and sedimentation.Minor,localized unstable conditions will occur on oversteepened excavated slopes, primarily along access roads in areas of steep terrain.Project operation will cause minor localized erosion and instability along the reservoir shoreline and some minor erosion and redistribution of sediment below the tailrace. The Applicant,in the project mitigative plan,proposes to follow the general techniques and practices in the erosion and sedimentation control section of its Best Management Practices Manuals (BMPM's)filed with the Commission on May 6,1985.The Applicant also proposes other mitigative measures for specific project features in its mitigative plan.The Department of the Interior recommends that the license require compliance with the provisions of the Applicant's mitigative plan and of the BMPM's. 'Approval of the mitigative plan as a condition of this license will require the Licensee to comply with the mitigative plan and with the BMPM's.Article 35 also requires the Applicant to consult with appropriate resource agencies during the preparation and implementation of a detailed erosion,sedimentation,and slope Stability plan for the project. Recreation and Land Use The Applicant's proposals for recreational development at the project,as refined by the mitigative plan approved herein,ade- quately address public use concerns at the project at this time.The public will be allowed to use the airfield and barge landing at its own risk,since the facilities will not be maintained for intensive recreational use.The project roads will be open to the public for pedestrian use only. The Applicant proposes to construct and maintain three campsites and a latrine near the barge dock,and similar facilitiesintheBradleyLakeBasin.The facilities will be located and developed in cooperation with the Alaska Nivision of Parks (ADP). The Applicant has not determined the exact location of the recreational facilities nor proposed a method for monitoring public use,which would determine the need for any future recreational development at the project.Article 36 is included to require the Licensee to consult with ADP concerning a monitoring program and to specify the location of the recreational facilities. The Alaska Department of Natural Resources (DNR)states that the proposed transmission line alignment may conflict with the use of state-managed public interest lands,but DNR agrees to resolve any potential conflicts during further discussions with the Licensee. Article 37 reguires the Licensee to file a report on its consulta- tions with DNR and an application for amendment of the license if the resolution of any potential conflicts require a significant change in the transmission line alignment. Cultural Resources Two historic sites (historic fox-fur farms)eligible for inclusion in the National Register of Historic Places have been inventoried in the vicinity of the project.No other sites are known in the area.The two historic sites would not be affected by project construction or operation,but could be affected by acts of vandalism,the potential for which would increase with the influx of construction personnel in the area. The Applicant,after consulting with the Alaska State Historic Preservation Office,prepared a cultural resources management plan that would avoid impacts to the historic sites and would also protect any archeological or historic sites that may be discovered during construction.Article 38 requires the Licensee to implement this plan. Visual Resources The Applicant says that the anticipated visual effects of the project will be insianificant,but includes the following measures in the mitigative plan:(1)rehabilitating the construction camp, the haul roads,the borrow pits,the dredge spoil-disposal area, and other areas affected by project construction;9(2)blending proposed permanent residences into the surrounding area and setting them back from the tidal flats;and (3)reducing the contrasts between project facilities and existing visual resources by using appropriate building materials and colors to make the bunkhouse, warehouse,and machine shops blend with the surrounding area.These mitigative measures are adequate for the proposed project facilitiesandareapprovedaspartofthemitigativeplan. ,The Applicant also states that the contrast between existing visual resources and most project features,including the powerhouse and related facilities,the airstrip,the barge basin,the dam and intake structure,and the reservoir drawdown zone,cannot be feasibly improved. Although mitigation of all visual impacts is not possible,the Licensee should consider modifications to the design and location of those project features that permit flexibility.For instance, the powerhouse and related facilities can be made architecturally attractive,even though these facilities will not blend completely with the visual character of the area.Using accepted landscape architectual design principals,to include the use of appropriate colors,materials,and site-engineering techniques,the Applicant can make project facilities aesthetically pleasing.Therefore Article 39 requires the Licensee to use up-to-date architectural and engineering techniques,colors,and building materials to ensure that the project facilities maintain the visual quality of the area as much as reasonably possible. Visual impacts of the transmission line corridor will be most visible from aircraft flying over the area.Article 40,there- fore,requires the Licensee to determine:(1)if there is enough air traffic in the area of the proposed transmission line corridor to warrant further analysis and mitigation;(2)if pipelines,transmission lines,roads and other linear corridors are present that could be viewed at the same time as the proposed Bradley Lake transmission line corridor;and (3)the degree to which views from the air of the project's impacts to visual quality should be mitigated along the transmission line corridor. Recommendations for any mitigation by the Licensee and by appropriate resource agencies shall be filed with the Commission within one year from issuance of this license.This analysis shall be coordinated with that done pursuant to Article 37. Waterfowl Nesting Area 'The Applicant's final mitigative plan,includes the creation of!a 33-acre,nontidal,brackishwater marsh (wetland)that will be connected to Kachemak Bay through a series of intake and overflow culverts.A key limiting factor to successful waterfowl and shore- bird nesting in the area is the scarcity of nontidal wetlands. Thus,the proposed development of a nontidal marsh is a significant measure to mitigate the wide variety of project-related environmental impacts to area wetlands and wetland wildlife. The Applicant says that DNR's Plant Materials Center has plant species available for successful marsh establishment,and that the Applicant will develop a detailed monitoring program to Getermine the success of revegetative efforts. .-9- .Because of the importance of the waterfowl nesting area for the mitigation of a wide variety of project-related wildlife impacts,the Licensee should monitor the development of this site and,in the event of failure to establish marsh vegetation, should consult with the resource agencies to develop alternative mitigative measures for Commission approval.Article 41 requires the Licensee to monitor the development of the waterfowl nesting area and to develop alternative mitigation if the nesting area cannot be successfully established. Other Wildlife Mitigation The Applicant's mitigative plan for wildlife would minimize or compensate for the adverse effects of the project on a wide range of wildlife species and wildlife-habitat cover types. Agency consultation is important to ensure that this plan is based on the best information available.Article 42 requires the Licensee to continue to consult with the resource agencies on all major aspects of the wildlife mitigative plan. Other Environmental Concerns Water quality certification,as required by Section 401 of the Clean Water Act,was waived for the proposed project by the Alaska Department of Environmental Conservation on November 18,1985. No Federally listed threatened or endangered species or critical habitat or sites listed on or eligible for listing on the National Register of Historic Places will be affected by the project. SUMMARY OF ENVIRONMENTAL IMPACTS Construction and operation of the proposed Bradley Lake Project will result in short-term and long-term impacts to the environmental resources in the project area.Short-term impacts will be those associated with project construction and will include: (1)disruption of a relatively pristine viewscape by large-scale construction activities;and (2)disturbance of mountain goat movement and moose migration in the vicinity of Bradley Lake and disturbance of the use by wildlife of the affected portions of the tidal wetlands,forested areas,and other upland areas. Long-term impacts will occur as a result of the presence and operation of the project,and will include: (1)transformation of the existing unspoiled area into one with obvious signs of man's activities; -10- (2)permanent removal of about 3,200 acres of existing vegetation,including inundation of 2,578 acres of terrestrial and wetland habitat by the enlarged Bradley Lake; (3)long-term alteration of the flow regime of the lower Bradley River by reducing peak summertime flows and stabilizing winter low flows; (4)alteration :f the pattern of freshwater inflow to the Bradley Rive<-Sheep Creek estuary and upper Kachemak Bay, with possible disruption o.salmon migration patterns within the estuary;and (5) enhancemert of public access to the Bradley River Basin, subjecting the fish and wildlife resources of the basin to long-term,increased harvesting pressures. A final environmental impact statement (FEIS)was prepared by the Department of the Army,Alaska District Corps of Engineers (Corps)in August 1982,for a proposed hydroelectric project at Bradley Lake,which was of similar design and almost identical location to that proposed by the Applicant.De-authorization of the Corps project by Congress allowed the Applicant to adopt the Corps' basic design and to apply for a license.The Staff,in turn,adopted the Corps'FEIS and prepared the draft and final supplemental environmental impact statements for the Applicant's proposed project. These supplemental statements update the assessment of impacts as a result of the Applicant's changes in project design from the Corps' proposed design and treat environmental issues where new information has come to light or where further resolution of issues is required. ENGINEERING CONSIDERATIONS Safety and Adequacy As presently designed,the Bradley Lake spillway will be capable of passing the Probable Maximum Flood (PMF).The Middle Fork Diversion spillway will be capable of passing fifty percent of the PMF.Preliminary analysis supplied by the Applicant for the Bradley Lake Dam and Spillway and the Middle Fork Diversion Dam shows that the project would be safe under normal,PMF, earthquake,and ice loadings. Economic Feasibility. The proposed project is economically feasible when compared with the cost of providing equivalent generation from a 200-MW combined-cycle (natural gas)generation project or a 200-MW coal-fired generation project,used in conjunction with a 70-MW gas turbine facility that would be brought on line to meet loads prior to the in-service date for a coal plant.The Bradley Lake Project is more economical than the least-cost,non-hydro- electric-generation alternative at real discount rates ranging from 2.9%to 6.2%. -ll- OTHER ASPECTS OF COMPREHENSIVE DEVELOPMENT The Applicant would use the energy developed by the proposed project to serve the needs of customers within the "Railbelt" region,the area of south-central Alaska served by the Alaska Railway.Load resource comparisons based on Railbelt load projections prepared by the Applicant and by the Commission staff show a need for the Bradley Lake Project or some other resource by 1988. The project will make good use of the flow and fall of the Bradley River,is not in conflict with any existing or planned development,and will be best adapted to the comprehensive develop- ment of the basin for beneficial public uses upon compliance with the terms and conditions of this license. The Director of the Office of Hydropower Licensing,or the Director's designee,under 18 C.F.R.§375.314,orders: (A)This license is issued to the Alaska Power Authority (Licensee),of Anchorage,Alaska,under Part I of the Federal Power Act (Act),for a period of 50 years,effective the first day of the month in which this order is issued,for the construction, operation,and maintenance of the Bradley Lake Hydroelectric Project No.8221,located in Kenai Peninsula Borough,Alaska,on the Bradley River,utilizing flows of the Bradley River,the Middle Fork Bradley River,and the Nuka Glacier pool,and occupying lands of the United States adminstered by the Bureau of Land Management.This license is subject to the terms and conditions of the Act,which is incorporated by reference as part of this license,and subjectto the regulations the Commission issues under the provisions of the Act. (B)The Bradley Lake Project No.8221 consists of: (1)All lands,to the extent to the Licensee's interests in those lands,constituting the project area and enclosed by the project boundary.The project area and boundary are shown and Gescribed by a certain exhibit that forms part of the application for license and that is designated and described as: FERC DRAWING EXHIBIT G-NO.38221-SHOWING 1 20 Project Boundary Key Map 2 21 Transmission Line 3 22 Lower .Project Works 4 23 Access Roads 5 24 Access Roads 6 25 Lower Bradley Lake Area 7 26 Upper Bradley Lake Area oO -12- (2)Project works consisting of:(a)a low diversion dike at the outlet of the Nuka Glacier pool into the upper Nuka River and a rock cut,diverting flow into the upper Bradley River;(b)a 20-foot-high diversion dam with spillway crest elevation 2,204 feet on the Middle Fork Bradley PRiver diverting flow through a 1,900-foot-long,6-foot-diameter underground pipe to Marmot Creek,a tributary of Bradley Lake2/;(c)a 125-foot-high concrete-faced rockfill dam with crest elevation 1,190 feet and a 4-foot-high parapet wall on the crest;(d)an ungated ogee spillway located on a saddle feature 150 feet east of the dam with crest elevation 1,180 feet;(e)the existing Bradley Lake,which would be raised 100 feet to have a usable storage capacity of 315,500 acre-feet and a surface area of 3,820 acres at maximum operating water surface elevation 1,180 feet;(£)a 470-foot-long,18-foot-nominal diameter horseshoe-shaped tunnel through the east abutment for construction diversion and then for instream flow releases;(g)a 360-foot-long intake channel;(h)a 42-foot-long intake structure with removable trash racks;(i)an ll-foot-diameter,concrete lined power tunnel consisting of a 950-foot-long horizontal section with dual gates 800 feet downstream of the intake operated through a vertical gate shaft,an 810-foot-long inclined section, and a 16,850-foot-long main section with steel lining on the downstream 2,400 feet:(j)a steel penstock consisting of a 9- foot-diameter roll-out section and a manifold section with three 5-foot-diameter outlets,one capped and two with 30 to 40-foot-long branches;(k)a 138-foot-long,66-foot-wide,112-foot-high reinforced concrete powerhouse at elevation 40 feet containing two 45-MW generating units:(1)the ]3.8-kV generator leads;(m) a 13.2/115-kvV transformer;(n)a tailrace channel with a bottom width of 67 feet discharging into Kachemek Bay;(0)a 20-mile-long, 115-kV,double circuit transmission line from the substation adjacent to the powerhouse to a proposed Homer Electric Association line between Fritz Creek and Soldotna:(p)access facilities including a barge basin and ramp,an airstrip and project roads connecting the airstrip,powerhouse,lower and upper construction camps,and the dam;(q)recreation facilities consisting of camp sites near the barge basin dock and near Bradley Lake;and (r) appurtenant facilities. The location,nature,and character of these project works are generally shown and described by the exhibit cited above and more specifically shown and described by certain other exhibits that also form a part of the application for license and that are 'designated and described as: 2/All elevations refer to project datum.Project datum equals mean sea level minus 4.02 feet. -]3- Exhibit A Section 1.3.2,titled Basic Data Section 3.0,titled Turbines and Generators Section 4.0,titled Substation and Transmission Section 5.0,titled Miscellaneous Mechanical and Electrical Equipment .FERC Drawing Exhibit F-No.8221-Showing 1 1 General Plan 2 2 General Arrangement -Dam Spillway and Flow Structures 3 3 Concrete Faced Rockfill Dam Sections and Detail 4 4 Spillway Elevations and Sections 5 5 Power Conduit Profile and Details 6 6 Intake Channel and Gate Shaft Sections and Details 7 7 S0-MW Pelton Powerhouse Plans and Sections 8 8 90-MW Pelton Powerhouse Plans and Sections 9 9 90-MW Pelton Powerhouse Plans and Sections 10 10 Construction Diversion .Sections and Details 11 ll Middle Fork Diversion Plan and Profile 12 12 Middle Fork Diversion Elevation and Details -14- FERC Drawing Exhibit F-No.8221-Showing 13 13 Access Facilities 14 14 Access Channel and BargeBasin 15 15 Dock Structure Details 16 16 Powerhouse Substation and Bradley Junction (3)All of the structures,fixtures,equipment,or facilities used or useful in the operation or maintenance of the project and located within the project boundary,all portable property that may be employed in connection with the project,located within or outside the project boundary,as approved by the Commission,and all riparian or other rights that are necessary or appropriate in the operation or maintenance of the project. (Cc)Exhibits A,F,and G,designated in ordering paragraph (B)above,are approved and made part of this license only to the extent that they show the general location,description,and-nature of the project works. (D)The Applicant's mitigative plan for the proposed project, filed on November 22,1985,is approved and made a condition of this license. (E)This license is also subject to the terms and conditions set forth in FERC Form L-2 (revised October 1975)entitled "Terms and Conditions of License for Unconstructed Major Project Affecting Lands of the United States,"designated as Articles ]through 32 and subject to the following additional articles: Article 33.Licensee,after consultation with the Alaska Department of Fish and Game,Alaska Department of Environmental Conservation,the U.S.Fish and Wildlife Service,the National Marine Fisheries Service,and the Fnvironmental Protection Agency, shall prepare plans and implementation schedules for pre-and post- operational studies to monitor water temperatures in the lower Bradley River,and water quality in Bradley Lake.Within 6 months from the date of issuance of this license,Licensee shall file the study plan with the Commission,with copies to the agencies consulted. The Commission reserves the right to require modifications to the study plan.Licensee shall conduct the monitoring studies and submit progress reports annually to the Commission and agencies consulted. Within 6 months after completing the post-operational studies, Licensee shall file a final report on the studies,and for Commission approval,with copies to the agencies consulted,Licensee's recom- mendations for changes in project operations or facilities that are -15- necessary to enSure maintenance of the State of Alaska's water quality standards for temperature in the lower Bradley River,and for hydrogen sulfide and heavy metals concentrations in Bradley Lake.Documentation of agency consultation on the recommendations shall be included in the filing. Article 34.Licensee,after consultation with the Alaska Department of Fish and Game,the U.S.Fish and Wildlife Service, and the National Marine Fisheries Service,shall prepare plans and implementation schedules for pre-and post-operational studies to monitor fish populations in the lower Bradley River.Within 6 months fren the date of issuance of this license,Licensee shall file the study plan with the Commission,with copies to the agenciesconsulted.The Commission reserves the right to require modifications to the study plan.Licensee shall conduct the monitoring studies and submit progress reports annually to the Commission and agencies consulted.Within 6 months after completing the post-operational studies,Licensee shall file a final report on the studies,and shall file for Commission approval,with copies to the agencies consulted,Licensee's recommendations for changes in project opera- tions or facilities that are necessary to protect and maintain the fish resources of the lower Bradley River.Documentation of agency consultation on the recommendations shall be included in the filing. Article 35.Licensee,after consultation with the Depart-- ment of the Army,Alaska District Corps of Engineers,the U.S.Fish and Wildlife Service,the National Marine Fisheries Service,the Environmental Protection Agency,the Alaska Department of Environ- mental Conservation,and the Alaska Department of Fish and Game, shall prepare and shall file with the Commission,within 6 months from the date of issuance of this license,a plan to control erosion, sedimentation,and slope stability at the project and at any areas that would be directly or indirectly affected by the project, including any project-related pre-construction,construction,and post-construction activities. The plan shall include functional design drawings and maplocationsofcontrolmeasures;an implementation schedule;monitoring and maintenance programs for project construction and operation;and provisions for periodic review of the plan and for making any necessary revisions to the plan.Documentation of agency consultationontheplanandcopiesofanyagencycommentsorrecommendations shall be included in the filing. In the event that the Licensee does not concur with any agency recommendations,Licensee shall provide a discussion of the reasons for not concurring,based on actual site geological,soil,and groundwater conditions.The Commission reserves the right to require changes to the plan.Unless the Director,Office of Hydropower Licensing,directs otherwise,the Licensee may commence ground disturbing or spoil-producing activities at the project 90 days after filing the above plan. aos.-16- Article 36.Licensee,after consultation with the Alaska Division of Parks (ADP),shall develop a program to ensure the ongoing monitoring of public use at the project,to include periodic review of the information to determine the need for future recrea- tional development at the project.Within 2 years from the date of issuance of this license,Licensee shall file with the Commission a report on the program and a drawing that indicates the location of the initial recreational facilities and the location of any lands designated for future recreational development.The drawing also shall indicate the location of the project boundary and the project features,including the airfield,barge facilities,androads.ADP's commentson the report and the drawing shall be included in the filing. Article 37.Licensee,after consultation with the Alaska Department of Natural Resources (DNR),shall determine the need, if any,to change the transmission line alignment to avoid conflicts with existing or proposed land use.Within one year from the date of issuance of this license,Licensee shall file with the Commission a report on the consultations and shall file for Commission approval,an application for amendment of the license that details any proposed changes in the transmission line alignment.The comments of DNR on the report shall be included in the filing. Article 38.Licensee shall implement its cultural resources management plan to avoid impacts to the historic Hilmer Olsen Fox Farm site and to the Jansen-Zanitowski Fox Farm site,as described in the Licensee's mitigation plan filed with the Commission on November 22,1985.Within 1 year of the date of issuance of this license,and prior to any construction in the vicinity of these historic sites,Licensee shall file with the Commission a copy of a letter from the Alaska State Historic Preservation Officer (SHPO) indicating that the procedures for implementation of the plan will protect the sites,or if such a letter is not provided,a copy of a letter to the SHPO indicating that the SHPO has been afforded 60 days to respond.The Commission reserves the right to direct changes.to the plan.Unless the Director,Office of HydropowerLicensinginstructsotherwise,Licensee may commence ground disturbing or spoil disposal activities in the vicinity 60 days after the filing date of the letter.Licensee shall make available funds in a reasonable amount for any such work as required.If any previously unrecorded archeological or historical sites are discovered during the course of construction or development of any project works or other facilities at the project,construction activity in the vicinity shall be halted,a qualified archeologist shall be consulted to determine the significance of the sites,and Licensee shall consult with the SHPO to develop a mitigative plan for the protection of significant archeological or historical resources.If Licensee and the SHPO cannot agree on the amount of money to be expended on archeological or historical work related to the project,the Commission reserves the right to require Licensee to Conduct,at its own expense,any such work found necessary. ,-17- Article 39.JIicensee,after consultation with the Department of the Interior and the Alaska Department of Natural Resources, shall develop a plan to:avoid or to minimize any disturbance to the quality of the existing visual resources of the project area caused by the construction and maintenance of project works;make the project works blend into the existing landscape character; and landscape any new construction areas and areas adjacent to the project site that were disturbed by the construction of staging areas,the temporary housing facilities,temporary access roads,and any area disturbed by erosion or slides.This rehabili- tation shall include,but not necessarily be limited to,grading and planting grasses,repairing slopes damaged by erosion,and preventing future erosion,in accordance with provisions of Article 35. The plan also shall include the treatment of those project facilities that,because of their size or function,will not readily blend into the visual character of the surrounding area and that must enhance or maintain the existing visual quality of the area,; by using up-to-date architectural design and materials,contemporary site-engineering and construction techniques,and colors compatible with the surrounding area. Licensee,within 6 months from the date of issuance of this license and before beginning any construction or maintenanceactivitiesofaland-disturbing nature,shall file this plan with the Commission.The Commission reserves the right to require modification to the plan.Unless the Director,Office of Hydropower Licensing,instructs otherwise,Licensee may commence land-disturbing activities 90 days after the filing date of the plan. Article 40.Licensee shall determine the impacts of the transmission line corridor on views from air traffic in the area, including:(1)an analysis of the existing air traffic,including the volume and the routes of air traffic in the vicinity of the project facilities;(2)a discussion of pipelines,transmission lines,roads,and other linear corridors,which,together with the Bradley Lake transmission line corridor,would affect visual resources when seen from the air;and (3)the deqree to which thetransmissionlinecorridorshouldbemitigated.The results of the analysis shall include any mitigative measures recommended by the Licensee,and the comments and recommendations on the analysis by the Department of the Interior and the Alaska Department of Natural Resources,and shall be coordinated with the analysis conducted under Article 37. The Licensee,within 1 year from the date of issuance of this license and before beginning any transmission line construction or maintenance activities of a land-disturbing nature,shall file the results of the analysis with the Commission.Unless the Director, Office of Hydropower Licensing,instructs otherwise,Licensee may commence Yand-disturbing activities 90 days after the filing date of the report. -}B- Article 41.Licensee shall monitor the development of the waterfowl nesting area in the Bradley Lake project area.In the event that Licensee cannot successfully establish wetland plant species and provide available nesting habitat for wetland avian species within 5 years from the beginning of project operation, Licensee shall consult with the Alaska Department of Natural Resources and the U.S.Fish and Wildlife Service and shall develop an alternative plan for the mitigation of project-related adverse impacts to wetland wildlife.Any alternative plan devel- oped shall be submitted to the Commission for approval,along with letters of comment from the consulted resource agencies, before implementation. Article 42.Licensee shall continue to consult with the Alaska Department of Fish and Game and the U.S.Fish and Wildlife Service on all major aspects of the approved wildlife mitigative plan, including but not limited to the:scheduling of aircraft flights, blasting,and other construction to minimize disturbance to wildlife;monitoring of harbor seals during construction,dredging, filling,and shipping activities;clearing of vegetation;revegeta- tion of areas disturbed during construction;and implementation of the environmental program for project field supervisors and construction personnel. Article 43.The Licensee shall commence construction of project works within two years from the issuance date of the license and shall complete construction of the project within four years from the issuance date of the license. Article 44.The Licensee shall file revised Exhibit F drawings showing the final design of project structures for approval of the Director,Office of Hydropower Licensing.The revised Exhibit F drawings shall be accompanied by a supporting design report and the Licensee shall not commence construction of any project structure until the corresponding revised Exhibit F drawing has been approved. Article 45.The Licensee shall submit to the Commission's Regional Director one copy and the Director,Division of Inspections two copies of the final contract drawings and specifications forpertinentfeaturesoftheproject,such as water retention structures, powerhouse,and water conveyance structures,at least 60 days prior to start of construction.The Director,Division of Inspections, may require changes in the plans and specifications to assure a safe and adequate project. Article 46.The Licensee shall review and approve the desigqn of contractor-designed cofferdams and deep excavations prior to the start of construction and shall ensure that construction of cofferdams and deep excavations is consistent with the approved design.At least 30 days prior to start of construction of the cofferdam,the Licensee shall submit to the Commission's Regional Director and the Director,Division of Inspections,one copy of the -]9- approved cofferdam construction drawings and specifications and a copy of the letter(s)of approval. Article 47.The Licensee shall within 90 days of completion of construction file with the Commission for approval by the Director,Division of Project Management revised Exhibits A,F, and G to describe and show the project as-built. Article 48.The Licensee shall retain a Board of three or more qualified,independent,engineering consultants to review the design,specifications,and construction of the project for safety and adequacy.The names and qualifications of the Board members shall be submitted to the Director,Office of Hydropower Licensing,for approval,with a copy to the Commission's Regional Director.Among other things,the Board shall assess the geology of the project site and surroundings;the design,specifications, and construction of the dikes,dams,spillways,powerhouse, electrical and mechanical equipment,and emergency power supply; instrumentation;the filling schedule for the reservoir and plans for surveillance during the initial filling;and construction procedures and progress.The Licensee shall furnish to the Board,with a copy to the Regional Director and two copies to the Director,Office of Hydropower Licensing,prior to each meeting, allowing sufficient time for review,documentation showing details and analyses of design and construction features to be discussed, significant events in design and construction that have occurred since the last Board of Consultants'meeting,drawings,questions to be asked,a list of items for discussion,an agenda,and a statement indicating the specific level of review to be performed by the Board.Within 30 days after each Board of Consultants' meeting,the Licensee shall file with the Commission copies of the Board's report and a statement of intent to comply with the Board's recommendations,or a statement identifying a plan to resolve the issue(s). In the event of noncompliance,the Licensee shall provide detailed reasons for not doing so.The Board's review comments for each portion of the project shall be submitted prior to or simultaneously with the submission of the corresponding Exhibit F final design drawings and design memoranda.The Licensee shall also submit a final report of the Board upon completion of the project.The final report shall contain a statement indicating the Board's opinion with respect to the construction,safety,and adequacy of the project structures. Article 49.The Licensee shall pay the United States the following annual charges,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 the provisions of the Commission's -20- regulations in effect from time to time.The authorized installed capacity for that purpose is 120,000 horsepower. (b)For the purpose of recompensing the United States for the use,occupancy,and enjoyment of 6,655 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 131 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 50.(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 other 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 uses 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 non-complying structures and facilities. (b)The types of use and occupancy of project lands and waters 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 project's scenic,recreational,and other environmental values,the Licensee shall require multiple use and occupancy of -2l- facilities for access to project lands or waters.The Licensee shall also ensure,to the satisfaction of the Commission's authorized representative,that the uses 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)non-project 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)con- struction of new bridges or roads for which all necessary State and Federal approvals have been obtained;(2)sewer or effluent lines that discharge into project waters,for which all necessary Federal and State water quality certificates or permits have been obtained;(3)other pipelines that cross project lands or waters but do not discharge into project waters;(4)non-project 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 -22- public marinas that can accommodate no more than 10 watercraft atatimeandarelocatedatleastone-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 file 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 paragraphs (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. (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 ensure 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 environ- mental values of the project. -23- (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. (F)This order is final unless appealed to the Commission by any party within 30 days from the issuance date of this order under 18 C.F.R.385.1902 (1985).In acknowlegment of acceptance of this license and its terms and conditions,it shall be signed for the Licensee and returned to the Commission within 60 days from the date of this order. KiPe Fa Kenneth M.Pusateri Acting Director,Office of Hydropower Licensing Project No.8221-000 Oo IN TESTIMONY of its acknowledgment of acceptance of all of the terms and conditions of this order,Alaska Power Authority this day of ,19 ,has caused its corporate name to be signed hereto by ' its President,and its corporate seal to be affixed hereto and attested by its Secretary,pursuant to a resolution of its Board of Directors duly adopted on the day of ,19 ,a certified copy of the record of which is attached hereto. By President Attest: Secretary (Executed in quadruplicate) a Form L-2oO.(Revised October,1975) FEDERAL ENERGY REGULATORY COMMISSION TERMS AND CONDITIONS OF LICENSE FOR UNCONSTROCTED MAJOR PROJECT APFECTING LANDS OF THE UNITED STATES Article 1.The entire project,as described in thisorderoftheCommission,shall be subject to all of the provisions,terms,and conditions of the license. Article 2.No substantial change shall be made in.the maps,plans,specifications,and statements described and designated as exhibits and approved by the Commission in its order as a part of the license until such changeshallhavebeenapprovedbytheCommission:Provided,howaver,That if the Licensee or the Commission deems "20 necessary or desirable that said approved exhibits, 'or any of them,be changed,there shall be submitted to the Commission for approval a revised,or additional exhibit or exhibits covering the proposed changes which, -on approval by the Commission,shall become a part of e license and shall supersede,in whole or in part,such xhibit or exhibits theretofore made a part of the license as may be specified by the Commission. Article 3.The project works shall be constzuctedinsubstantialconformitywiththeapprovedexhibits referred to in Article 2 herein or as changed in accord-ance with the provisions of said article.Except when emergency shall require for the protection of navigation, ife,health,or property,there shall not be made without prior approval of the Commission any substantial alteration or addition not in conformity with the approved plans to anyGan,or other project works under the license or any sub- stantial use of project lands and waters not authorized herein;and any emergency alteration,addition,or use so made shall thereafter be subject to such modification and changeas the Commission may direct.Minor changes in projectworks,or in uses of project lands and waters,or divergence from such approved exhibits may be made if such changes willnotresultinacecreaseinefficiency,in a material increase in.t.c,in an adverse environmental impact,or in impairment ofwaegeneralschemeofdevelopment;but any of such minor changesmaewithoutthepriorapprovaloftheCommission,which in its"uc Taent have produced-or will produce any of such results,.be subject to such alteration as the Commission mayVemO-=. 'O Upon the completion of the project,or at such cther time as the Commission may direct,the Licensee shall submittotheCommissionforapprovalrevisedexhibitsinsofaras necessary to show any divergence from or variations in the project area and project boundary as finally located or intheprojectworksasactuallyconstructedwhencomparedwiththeareaandboundaryshownandtheworksdescribedinthe license or in the exhibits approved by the Commission,together with a statement in writing setting forth the reasons which in the opinion of the Licensee necessitated or justified variation in or divergence from the approved exhibits.Such revised exhibits shall,if and when approved by the Commission, be made a part of the license under the provisions of Article 2 hereof. Article 4.The construction,operation,and main-tenance of the project and any work incidental to addi- tions or alterations shall be subject to the inspectionandsupervisionoftheRegionalEngineer,Federal Power Commission,in the region wherein the project is located, or of such other officer or agent as the Commission may designate,who shall be the authorized representative of the Commission for such purposes.The Licensee shall cooperate fully with said representative and shall furnish hima Getailed program of inspection by the Licensee that willprovideforanadequateandqualifiedinspectionforce for construction of the project and for any subsequent alterations to the project.Construction of the project works or any feature or alteration thereof shall not be initiated until the program of inspection for the project works or any such feature thereof has been approved by Said representative.The Licensee shall also furnishtosaidrepresentativesuchfurtherinformationashe may require concerning the construction,operation,and maintenance of the project,and of any alteraticn thereof, and shall notify him of the date upon which work will begin,as far in advance thereof as said representative may reasonably specify,and shall notify him promptly in writing of any suspension of work for a period of more than one week,and of its resumption and completion. The Licensee shall allow said representative and other officers or employees of the United States,showing proper credentials,free and unrestricted access to,through,and across the project lands and project works in the performance of their official duties.The Licensee shall comply with such rules and regulations of general or special applicabili tyastheCormissionmayprescribefromtimetotimeforthe protection of life,health,or property. -3- Arzicle 5.The Licensee,within five years from tre cateofissuanceofthelicense,shall acquire title in fee or the right to use in perpetuity all lands,other than lands of theUnitedStates,necessary or appropriate for the construction,maintenance,and operation of the project.The Licensee or itssuccessorsandassignsshall,during the pericd of the license,retain the possession of all project srcperty covered Sy trelicenseasissuedoraslateramended,including the projece area,the project works,and all franchises,easements,waterrights,and rights of occupancy and use;and none of such properties shall be voluntarily sold,leased,transferred,abandoned,or otherwise disposed of without the prior writtenapprovaloftheCommission,except that the Licensee may lease or otherwise dispose of interests in project lands or preperty without specific written approval of the Commission pursuant to the then current regulations of the Commission.The provisions of this article are not intended to prevent the abandonment or the retirement from service of structures, equipment,or other project works in connection with replace- ments therecf when they become obsolete,inadequate,orinefficientforfurtherserviceduetowearandtear;and mortgage or trust deeds or judicial sales made thereunder,or tax sales,shall not be deemed voluntary transfers within the meaning of this article. Article 6.In the event the project is taken overbytheUnitedStatesupontheterminationofthelicenseasprovidedinSection14ofthaFederalPowerAct,or is transferred to a new licensee or to a non-power licensee under the provisions of Section 15 of said Act,the Licensee, its successors and assigns shall be responsible for,and shall make good any defect of title to,or of right of occupancy and use in,any of such project property that is necessaryorappropriateorvaluableandserviceableinthemaintenance and operation of the project,and shall pay and discharge,or shall assume responsibility for payment and discharge of,allliensorencumbrancesupontheprojectorprojectproperty created by the Licensee or created or incurred after the issuance of the license:Provided,That the provisions ofthisazsticlearenotintendedtorequiretheLicensee,for the purpose of transferring the project to the United States er to a new licensee,to acquire any different title to,or right of occupancy and use in,any of such project property than was necessary to acquire for its own purposes as the Licensee. Article 7.The actual legitimate original cost of the project,and of any addition thereto or bettermentthereof,shall be determined by the Commission in accordancewiththePederalPowerActandtheCommission's Rules and Regulations thereunder Article 8.The Licensee shall install and thereafter maintain gages and stzream-gaging stations for the purpose of determining the stage and flow of the stream or streams on which the project is located,the amount of water held in and withdrawn from storage,and the effective head on the turbines;shall provide for the required reading ofsuchgagesandfortheadequateratingofsuchstations;©and shall install and maintain standard meters adequate for the determination of the amount of electric energy generated by the project works.The number,character,and location of gages,meters,or other measuring devices,and themethodofoperationthereof,shall at all times be satis- factory to the Commission or its authorized representative.The Commission reserves the right,after notice and oppor- tunity for hearing,to require such alterations in the mumber,character,and location of gages,meters,or ether measuring devices,and the method of operation thereof, as are necessazy to secure adequate determinations.Theinstallationofgages,the rating of said stream or streams,'and the determination of the flow thereof,shall be under the supervision of,or in cooperation with,the District Engineer of the United States Geological Survey having charge of stream-gaging operations in the region of the project,and the Licensee shall advance to the United States Geclogical |Survey the amount of funds estimated to be necessary for such supervision,or cooperation for such periods as may be mutually agreed upon.The Licensee shall keep accurate and sufficient records of the foregoing daterminations to the satisfaction -of the Commission,and shall make return of such records annually at such time and in such form as the Commission may prescribe. Article 9.The Licensee shall,after notice and opportunity for hearing,install additional capacity or make other changes in the project as directed by the Commission, to the extent that it is economically sound and in the public interest to do so. Article 10.The Licensee shall,after notice andopportunityforhearing,coordinate the operation of theproject,electrically and hydraulically,with such otherprojectsorpowersystemsandinsuchmannerastheCommissionmaydirectintheinterestofpowerandother beneficial public uses of water resources,and on such conditions concerning the equitable sharing of benefits by the Licensee as the Commission may orde-. Article ll.Whenever the Licensee is ilizvectly benefited by the construction work of another licensee,@ permittee,or the United States on a storage reservoirorotherheadwaterimprovement,the Licensee shall reimburse the owner of the heacwater improvement £:<2 such part of the annual charges for interest,maintenance,and dapreciation thereof as the Commission shall determine to be equitable, and shall pay to the United States the cost of making such determination as fixed by the Commission.For benefits provided by a storage reservoir or other headwater improve- ment of the United States,the Licensee shall pay to the Commission the amounts for which it is billed from time to time for such headwater benefits and for.the cost of making the determinations pursuant to the then current regulations of the Commission under the Federal Power Act. Article 12.The operations of the Licensee,so far as they altect tne use,storage and discharge from storage of waters affected by the license,shall at all times be controlled by such reasonable rules and regulations astheCommissionmayprescribefortheprotectionoflife, health,and property,and in the interest of the fullest practicable conservation and utilization of such waters for power purposes and for other beneficial public uses, including recreational purposes,and the Licensee shall release water from the project reservoir at such rate in -cuble feet per second,or such volume in acre-feet per 'specified period of time,as the Commission may prescribe for the purposes hereinbefore mentioned. Article 13.On the application of any person, asgzociation,corporation,Federal agency,State or municipality,the Licensee shall permit such reasonable use of its reservoir or other project properties,including works,lands and water rights,or parts thereof,as may be ordered by the Commission,after notice and opportunity for hearing,in the interests of comprehensive cevelopment of the waterway or waterways involved and the conservationandutilizationofthewaterresourcesoftheregionfor water supply or for the purposes of steam-electeric, irrigation,industrial,municipal or similar uses.The Licensee shall receive reasonable ccmpensation for use of its reservoir or other project properties or partsthereofforsuchpurposes,to include at least full reimbursement for any damages or expenses which che joint use causes the Licensee to incur.Any such compensation shall be fixed by the Commission either by approval of an agreement between the Licensee andthepartyorpartiesbenefitingorafternoticeandopportunityforhearing.Applications shall contain information in sufficient detail to afford a full understanding of the proposed use,including satisfactory evidence that the applicant possesses necessary waterrightspursuanttoapplicableStatelaw,or a showing of cause why such evidence cannot concurrently be submitted, and a statement as to the relationship of the proposed use to any State or municipal plans or orders which mayhavebeenadoptedwithrespecttotheuseofsuchwatacs. Article 14.In the construction or maintenance of the project worxs,the Licensee shall place and maintain suitable structures and devices to reduce to a reasonable degree theliabilityofcontactbetweenitstransmissionlinesandtelegraph,telephone and other signal wires or power trans- mission lines constructed prior to its transmission lines and not owned by the Licensee,and shall also place and maintain suitable structures and devices to reduce to a reasonable degree the liability of any structures or wires falling or obstructing traffic or endangering life.Noneoftheprovisionsofthisarticleareintendedtorelieve the Licensee from any responsibility or requirement whichmaybeimposedbyanyotherlawfulauthorityforavoiding or eliminating inductive interference. Article 15.The Licensee shall,for the conservation and development of fish and wildlife resources,constrict, maintain,and operate,or arrange for the construction, maintenance,and operation of such reasonable facilities, and comply with such reasonable modifications of the project structures and operation,as may be ordered by the Commission upon its own motion or upon the recommendation of the Secretary of the Interior or the fish and wildlife agency or agencies of any State in which the project or a part thereof is located,after notice and cpportunity sor hearing. ae Articla 15,Whenever the United States shall cesire, in connection with the project,to construct fish and wildlife facilities or to improve the existing fish and wildlife facilities at its own expense,the Licensee shall permit the United States or its designated agency to use, free of cost,such of the Licensee's lands and interests in lands,reservoirs,waterways and project works as may be reasonably required to complete such facilities or such improvements thereof.In addition,after notice and opportunity for hearing,the Licensee shall modify the project operation as may be reasonably prescribed by theCommissioninordertopermitthemaintenanceandoperation of the fish and wildlife facilities constructed cr improved by the United Statas under the provisions of this article.This article shall not be interpreted to place any obligation on the United States to constzuct or improve fish and wild-life facilities or to relieve the Licensee of any obligation undar this license. Article 17.The Licensee shall construct,maintain, and operate,or shall arrange for the construction,main- tenance,and operation of such reasonable recreational facilities,including modifications thereto,such as access roads,wharves,launching ramps,beaches,picnic and camping areas,sanitary facilities,and utilities, giving consideration to the needs of the physicallyhandicapped,and shall comply with such reasonable modi- fications of the project,as may be prescribed here- after by the Commission during the term of this licenseuponitsownmotionorupontherecommendationoftheSecretaryoftheInteriororotherinterestedFederal or State agencies,after notice and opportunity for hearing. Article 18.So far as is consistant with proper Operation of the project,she Licensee shall allow the public free access,to a reasonable extent,to project-.waters and adjacent project lands owned by the Licensee for the purpose of full public utilization of such lands and waters for navigation and for outdoor recreational purposes,including fishing and hunting: Provided,That the Licensee may reserve "rom public access such portions of the project waters,adjacent lands,and project facilities as may be necessary for the protection of life,health,and property. Article 19.In che construction,maintenance,or operation o2 the project,the Licensee shall be responsiblefor,and shall take reasonable measures to prevent,soil erosion on lands adjacent to streams or other waters,;stream sedimentation,and any form of water or air pollution. The Commission,upon request or upon its own motion,mayordertheLicenseetotakesuchmeasuresastheCommission finds to be necessary for these purposes,after notice and cpportunity for hearing. Article 20.The Licensee shall consult with the appropriate State and Federal agencies and,within oneyearofthedateofissuanceofthislicense,shall sub- mit for Commission approval a plan for clearing the reser-voir area.Further,the Licensee shall clear and keep clear to an adequate width lands along open conduits and shall dispose of all temporary structures,unused timber,brush, refuse,or other material unnecessary for the purposes of ths project which results from the clearing of lands or from the maintenance or alteration of the -project works.In addition, all trees along the periphery of project reservoirs which may @ie during operations of the project shall be removed.Upon approval of the clearing plan all clearing of the lands and @isposal of the unnecessary material shall be done with due diligence and to the satisfaction of the authorized represen- tative of the Commission and in accordance with appropriate Federal,State,and local statutes and regulations. Article 21.Timber on lands of the United States cut, used,or cestroyed in the construction and maintenance of the project works,or in the clearing of said lands,shall be paid for,and the resulting slash and debris disposed of,in accordance with the requirements of the agency of the United States having jurisdiction over said lanes. Payment for merchantable timber shall be at current stump-age crates,and payment for young growth timber belowrschantablesizeshallbeatcurrentdamageappraisal values.However,the agency of the United States havingjurisdictionmaysellordisposeofthemerchantable timber to others than the Licensee:Provided,That timber so sold or disposed of shall be cut and removed from the area prior to,or without undue interference with,clearing-operations of the Licensee and in coordination with theLicensee's project construction schedules.Such sale or aisposal to others shall not relieve the Licensee of responsibility for the clearing and disposal of all slasa and debris from project lands. Article 22.The Licensee shall do everything rea-sonably within its power,and shall require its employees, contractors,and employees of contractors to do every-.thing reasonably within their power,both independentlyandupontherequestofofficersoftheagencyconcerned,to prevent,to make advance preparations for suppression of,and to suppress fires on the lands to be occupied or usedunderthelicense.The Licensee shall be liable for and shallpaythecostsincurredbythaUnitedStatesinsuppressing fires caused from the construction,operation,or main- tenance of the project works or of the works appurtenant or accessory thereto under the license. Article 23.The Licensee shall interpose no ob=- jection to,and shall in no way prevent,the use by theagencyoftheUnitedStateshavingjurisdictionoverthelandsoftheUnitedStatesaffected,or by persons or corporations occupying lands of the United States under permit,of water for fire suppression from any strean, conduit,or bedy of water,natural or artificial,used by the Licensee in the operation of the project workscoveredbythelicense,or the use by said parties of water for sanitary and domestic purposes from any stream,conduit,or body of water,natural or artificial,used by the Licensea in the operation of the project works covered by the license. Article 24,The Licensee shall be liable for injury to,or destruction of,any buildings,bridges,roads,trails, lands,or other property of the United States,occasioned by the construction,maintenance,or operation of the project works or of the works appurtenant or accessory thereto under the license.Arrangements to meet such liability,either by compensation for such injury ordestruction,or by reconstruction or repair of camaged "property,or otherwise,shall be made with the appropriate department or agency of the United States. Article 25.The Licensee shall allow any agency of the United States,without charge,to construct or permit to be constructed on,through,and across those project lands which are lands of the United States such conduits, chutes,ditches,railroads,roads,trails,telephone and power lines,and other routes or means of transportation and communication as are not inconsistent with the enjoyment - 10- of said lands by the Licensee for the purposes of the license. This license shall not be construed as conferring upon the Licensee any right of use,occupancy,or enjoyment of the lands of the United States other than for tne construction,cperation,and maintenance of the project as stated in the license. Article 26..In the construction and maintenance of the project,the location and standards of roads and rails on lands of the United Stites and cther uses of lands of the United States,including the location and condition of quarries,borrow pits,and spoil dis- posal areas,shall be subject to the approval of thedepartmentoracincyoftheUnitedStateshavingsupervisionoverthelandsiivolved. Article 27.The Licensee shall make provision,or shall bear tne reasonable cost,as determined by the agency of the United States affected,of making provision for avoiding inductive interference between any project transmission line or other project facility constructed, operated,or maintained under the license,and any radio installation,telephone line,or other communication facility installed or constructed before or after con- struction of such project transmission line or other project facility and owned,operated,or used by such agency of the United States in administering the lands .under its jurisdiction. icle 28.The Licensee shall make use of the Commissior'”s guidelines and other recognized guidelines for treatment of transmission line rights-of-way,and shall clear such portions of transmission line rights-of-way across lands of the United States as are designated by the officer of the United States in charge of the lands;shall keep the areas so designated Clear of new growth,all refuse,and inflammable material to the satisfaction of such officer;shall trim all branches of trees in contact with or liable to contact the trans- mission lines;shall cut and remove all dead or leaning trees which might fall in contact with the transmission lines;and shall take such other precautions against fire as may be required by such officer.No fires for the burning of waste material shall be set except with the prior written consent of the officer of the United States in charge of the lands as to time and place. -ll - Article 29.The Licensee shall cooperate witn theOUniteastatesinthedisposalbytheUnitedStates,undertheActofJuly31,1947,61 Stat.681,as amended (30 U.S.C. sec.601,et seq.),of mineral and vegetative materials fron,lands of tha United States occupied by the project or any part thereof:Provided,That such ¢cisposal has beenauthorizedbyheCommissionandthatitdoesnot unreasonably interfere with the occupancy of such lands by the Licensee for the purposes of the license:Provided further,That in the event of disagreement,any questicn of. unreasonable interference shall be cetermined by tne Commission after notice and opportunity for hearing. Article 30.If the Licensee shall cause or suffer essential project property to be removed or destroyed er to become unfit for use,without adequate replacement, or shall abandon or discontinue good faith operation of the project or refuse or neglect to comply with thetermsofthelicenseandthelawfulordersofthe Commission mailed to the record address of the Licensee or its agent,the Commission will deem it to be the intent of the Licensee to surrender the license.The Commission,after notice and opportunity for hearing, may require the Licensee to remove any or all structures, equipment anc power lines within the project boundary and to take any such other action necessary to restore the project waters,lands,and facilities remaining within the project boundary to a condition satisfactory to the United States agency having jurisdiction over. its lands or the Commission's authorized representative, as appropriate,or to provide for the continued operationandmaintenanceofnonpowerfacilitiesandfulfillsuchotherobligationsunderthelicenseastheCormission may prescribe.In addition,the Commission in its Giscretion,after notice and opportunity for hearing, may also agree to the surrender of the license when the Commission,for the reasons recited herein,deems it to be the intent of the Licensee to surrender the license. Article 31.The right of the Licensee and of its successors and assigns to use or occupy waters over which the United States has jurisdiction,or lands of the United States under the license,for the purpose of maintaining the project works or otherwise,shall absolutely cease at the end of the license period, unless the Licensee has obtained a new license pursuant so the then existing laws and regulations,or an annuallicenseunderthetermsandconditionsofthislicense. oO - -12<- Article 32.The terms and conditions expressly set forth in the license shall not be construed as impairing any terms and conditions of the Federal PowerActwhicharenotexpresslysetforthherein.