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HomeMy WebLinkAboutRES 1985-33 - Board RESOLUTION NO. 8533 r OF THE TRUCKEE DONNER PUBLIC UTILITY DISTRICT ACCEPTING THE LICENSE ISSUED BY THE FEDERAL ENERGY REGULATORY COMMISSION WITH RESPECT TO THE BOCA HYDROELECTRIC PROJECT NO. 2920-001 WHEREAS , the Federal Energy Regulatory Commission ordered the issuance of a major license to the Truckee Donner Public Utility District for Boca Hydroelectric Project No. 2920-001 on May 15 , 1985 ; and WHEREAS , District consultants R. W. Beck and Associates and Attorney Martin McDonough have reviewed the conditions of the license and found them to be in order ; NOW, THEREFORE , BE IT RESOLVED by the Board of Directors of the Truckee Donner Public Utility District as follows : 1 . That the Order issued regarding a major license for the Boca Hydroelectric Project No . 2920-001 by the Federal Energy Regulatory Commission be accepted. r^ 2 . That the President of the Board be authorized to sign such Order on behalf of the District. PASSED AND ADOPTED by the Board of Directors of the Truckee Donner Public Utility District at a meeting duly called and held within the District on the 19th day of August , 1985 by the following roll call vote : AYES : Cooley, Corbett, Hamilton, Maass & Duffy NOES : None ABSENT : None TRUCKEE DONNER PU C UTILITY DISTRICT By ATTEST : Susan Ford , Deputy District Clerk 31 FERC 162, 2 22 TINITFD STATFS OF AMERICA FFVFRAI F_NFR(:Y RFGC11 ATORY COMMISSION Truckee-Donner Public ►'tility ) Project No . 2P20-001 District ORDER ISSUING LICENSE (MAJOR ) ( Issued May 15, 1985 ) The Truckee-Donner Public Utility District (Applicant ) filed on March 28 , 1983 , an application for a license under Part I of the Federal Power Act (Act ) to construct , operate, and maintain the Boca Project No. 2920 . l/ The project would be located on the Little Truckee River, approximately 1 ,800 feet upstream from its confluence with the Truckee River, at the base of the U .S . Bureau of Reclamation ' s (USBR) existing Boca Dam, near the town of Truckee , in Nevada County, California , and would occupy lands of the United States within the Tahoe National Forest . 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 the issuance of the license and no protests or motions to intervene have been received . The significant concerns of the commenting agencies are discussed below. 2/ 1/ Authority to act on this matter is delegated to the Director , Office of Hydropower Licensing, under 5375. 314 of the Commission' s regulations , 49 Fed. Reg. 29 ,369 ( 1984 ) (Errata issued July 27 , 1984 ) ( to be codified at 18 C.F.R. 5375.314 ) . This order may be appealed to the Commission by any party within 30 days of the issuance date of this order pursuant to Rule 1902 , 18 C .F .R. 5385 .1902 ( 1983) . Filing an appeal and final Commission action on that appeal are prerequisites for filing an application ' for rehearing as provided in Section 313 (a) of the Act . Filing an appeal does not operate as a stay of the effective date of this order or of any other date specified in this order, except as specifically directed by the Commission. 2/ On April 18 , 1983 , the Applicant entered into an agreement with Sierra Pacific Power Company (Company) , whereby the Company quitclaimed its right , acquired in 1936 , to install hydroelectric generating facilities at the proposed site and whereby the Applicant agreed to certain conditions for releases of water from the dam and to abide by a certain 1915 Decree, an Orr Ditch Decree , a. Truckee River Agreement , and a /^ Tahoe-Prosser Exchange Agreement . DC-A-8 10" ,.�.� -2- Protect nescri�t ion The propose-1 run-of-the-river project would consist of a 7C-- inch-diameter , 90-foot-long penstock , a powerhouse with a rated capacity of 2 .4 MV7, a switchyard , and a 1 , 500-foot-lony transmission line. A more detailed project description is contained in ordering Paragraph (B) . The existing Boca Dam is a Federal dam of the USBR . The dam and reservoir are part of the Truckee Storage and Newlands Projects and are operated and maintained by the Washoe County Water Conservation District under contract with the USBR . All water releases from Boca Reservoir are determined by the Federal Court Water Master, Case in Equity, No. A-3 , U .S . District Court of Nevada , Reno, Nevada , according to agreements governing the Truckee River System and by Flood Control Regulations set by the Secretary of the Army. Adjacent lands are owned by the U .S . Forest Service . Safety and Adequacy If constructed in accordance with sound engineering practices , the proposed project structures, under the conditions of this �^ license , would be safe and adequate . Water Quality The operation and maintenance of construction equipment and the storage of building and maintenance materials in the project vicinity are potential sources of water contaminants that result from construction. In addition, the control of soil erosion and sedimentation and the proper disposal of sewage generated during project construction and operation are important for the protection of existing water quality. Further, the passage of releases through the powerhouse rather than through the existing outlet , could potentially decrease downstream dissolved oxygen concentrations, due to loss of aeration . California Department of Fish and Game (DFG) recommends that the Applicant be required to maintain in the project tailwaters a minimum dissolved oxygen concentration of 7 parts per million, which is the State standard for coldwater aquatic habitat . The Applicant has no objection to the DFG recommendation . Forest Service (USFS) Conditions (Articles 33 , 34 , 35, 36 , and 37 ) require the Licensee to protect water quality. Article 33 requires the Licensee to assess the impact of the project -3- on the water quality of the Little Truckee River , and to determine and irrnlpment changes in project structures or operations necesGary to maintain State water quality standards . Article 34' require the licensee to f i le a sr)i l erasion an-; stream se4imentation control plan . Article 35 requires the Licensee t, file a plan for disposal of solid waste and wastewater treatment and disposal during construction and operation of the project . Article 36 requires the Licensee to file a plan for oil and hazardous substances storage, spill prevention , and spill cleanup. Article 37 requires the Licensee to file a plan for the storage and disposal of construction spoil . Historical , Cultural and Archeological Resources The California State Historic Preservation Officer concurs with the Applicant that the proposed construction would not involve properties listed or eligible for inclusion in the National Register of Historic Places . The California Archeological Inventory concludes that an archeological survey would be inappropriate since the project would be of limited scope and would involve only modification of existing structures and areas that were heavily impacted when the existing facilities were built . Article 38 is included herein for the protection of any unidentified cultural resources discovered during construction or development at the project . Other Environmental Concerns The USFS recommends the inclusion of license articles pertaining to agency consultation on protecting and developing natural resource values and the use of pesticides and herbicides on National Forest System lands that are included herein as Articles 39 and 40 , respectively. The Applicant filed an application for a water quality certificate for the proposed project on March 17 , 1983 , with the California Regional Water Ouality Control Board . Because no action has been taken within 1 year from the date of the filing and the Board has indicated that it will take no action , certification is considered waived under Section 401 of the Clean Water Act . No Federally listed threatened or endangered species or critical habitat , or sites listed or eligible for listing on the National Register of Historic Places will be affected by the project . C'on=truction activities will result in min-r , short-term increases in noise , disturbance to wildlife , dust , and sedimentation and , erosion from disturbance of the riverbed and lane rt.-rfaces . In accordance with the National Environmental Policy Act of 1969 , an Fnvironmental Assessment was prepared for the Roca Hydroelectric Project ( FERC No. 2920-001 ) . 3/ On the basis sf the record and Staff ' s independent environmental analysis , issuance of a license for the project , as conditioned herein , will not constitute a major Federal action significantly affecting the quality of the human environment . Need for Power From the time the project goes on line until needed to serve load directly, the proposed project will be available to off-load existing fueled steam electric plants thereby conserving nonrenewable resources and reducing the emission of noxious by-products of combustion to the atmosphere . Economic Feasibility and Other Aspects of Comprehensive Development The estimated levelized annual cost of the project is $289 ,000 . The project will operate with a total installed capacity of ,,.►. 2 .4 MW and a hydraulic capacity of 450 cfs . An estimated 5 , 800 MWh of electricity will be generated annually at a plant factor of 28 percent . 4/ The proposed project would produce power at a cost of approximately 49 .8 mills/kWh and would be economically feasible based on the levelized cost of purchasing power from Sierra Pacific and Power Company. The proposed project is not in conflict with any existing or planned development of the Little Truckee River nor the Truckee River. The project would make good use of the available head and water releases at the Boca Dam for water power purposes and , therefore , subject to the terms and conditions in this order, would be best adapted to the comprehensive development of the Little Truckee and Truckee River basins for beneficial public purposes . 3/ Environmental Assessment , Boca Hydroelectric Project , FERC Project No. 2920-001-California, Division of Environmental Analysis , Office of Hydropower Licensing , Federal Energy Regulatory Commission , April 10 , 1985 . This document is available in the Division of Public Information and in the Commission' s public file associated with this . proceeding. 4/ Project energy generation is equivalent to the energy that could be produced by burning 9 ,500 barrels of oil or 2 ,700 tons of coal annually in a steam electric power plant . -S- ( P. 1 Tnl � I � CPn�P l � : Rrzued to the Truckee-nonner PuY utility r, i =' rict ( 1_ icensPP ? , under Fart I cf the FF ?eral Power Act ( Act l for a perie:JI of 50 yearF , of fPct ive the f ar=t day of the month in which this order is issued , for the construction , operation , and maintenance of the Boca Project No. 2920 , located near Truckee , California, on the Little Truckee River , at the base of the U .S . Bureau of Reclamation' s Boca Dam. This license is subject to the terms and conditions of the Act , which is incorporated by reference as part of this license, and subject to the regulations the Commission issues under the provisions of the Act . (B) The Boca Project No. 2920 consists of : ( 1 ) All lands , to the extent of the Licensee 's interests in those lands , consti- tuting the project area and enclosed by the project boundary. The project area and boundary are shown and described by an exhibit that forms part of the application for license and that is designated and described as : Exhibit FERC Number 2920- Title G 4 Project Map /^ ( 2 ) Project works consisting of : (a ) an expanded ( from 50- inch ) 70-inch-diameter , 12-foot-long, existing outlet conduit ; (b) a bifurcation in the expanded outlet conduit with a 70- inch-diameter branch leading to a 90-foot-long penstock ; (c) a 30x2OxlO feet powerhouse containing a single horizontal tube-type Kaplan turbine connected to a 4 .16-kV synchronous generator rated at 2 .4 Mw; (d) the 4 .16-kV generator leads; (e ) a switchyard containing a 4 .16/14 .47-kV 3 .0 MVA step-up transformer; ( f ) a 14 .4-kV, 1 ,500-foot-long transmission line interconnecting with a Sierra Pacific Power Company line; and (g) appurtenant facilities . The location , nature , and character of these project works are shown anc4 described by the exhibit cited above and by certain other exhibits that also form a part of the application for license and that are designated and described as: Exhibit A Sections 1 ( i ) and 1 ( ii ) - Project Description Exhibit F FERC Number 2920- Title F-1 2 Plan and Profile of Dam F-2 3 Powerhouse Plan and Section r^ -6- ( 3 ) All of the structures , fixtures , equipment , or facilities used or useful in the operation or maintenance of the project and lc-cate,� within t►-E• pro jrct bnLinc?ary, all portahlF property that may he 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 . (C ) Exhibit G . designated in Ordering Paragraph (B) above , is approved and made a part of the license. ( D) Exhibits A and F , designated in Ordering Paragraph (B) above , are approved and made a part of the license only to the extent that they generally show and describe the project works . (E) This license is also subject to the terms and conditions designated in Articles No. 1 through No. 32 set forth in Form L-2 ( revised October 1975) entitled 'Terms and Conditions of License for Unconstructed Major Project Affecting Lands of the United States , " attached to and made a part of this license . The license is also subject to the following additional articles: Article 33 . Within 1 year following the date of issuance of ,. this license and prior to the engaging of any construction or maintenance activity of a land-disturbing nature , the Licensee in cooperation with the California Regional Water Control Board and the Forest Service , shall complete a water quality study to assess the impact of the project on the water quality of the Little Truckee River and file the study with the Director, Office of Hydropower Licensing, along with comments from the above agencies . The Director may approve the study or require its modification. If the results of the approved study indicate that changes in project structures or operations are necessary to maintain Water quality standards of the State of California , Licensee shall file with the Commission a mitigative schedule for implementing the specific changes in project structures or operations. At the same time , the Licensee shall send copies of the schedule to the agencies consulted. After 60 days following the filing date , Licensee may commence activities consistent with the mitigative schedule , unless the Director, Office of Hydropower Licensing , instructs otherwise . Article 34 . Within 1 year following the date of issuance of this license, and before starting any construction or maintenance activity of a land-disturbing nature , the Licensee shall file with the Director , Office of Hydropower Licensing, a plan approved by the Forest Service for the control of erosion, stream sedimenta- tion , dust, and soil mass movement . f-► After 6,) rays following thf, filing date , may cDrnrnence act ivit ios consistent with the plan , unlpsr t',e Director , i,ff ice of Hy(?re,-wer Licensing instructs otherwise . Article 35 . Within l year following t�,e date of issuance of this license and hefore starting any construction or maintenance activity of a land-disturbing nature , the Licensee in consultation with the Forest Service and the California Regional Water Control Board shall file a plan for the treatment and disposal of solid waste and waste water generated during construction and operation of the project with the Director , Office of Hydropower Licensing , and the Commission' s Regional Fngineer in San Francisco, California , or their authorized representative . The plan shall address , at a minimum, the estimated quantity of solid waste and waste water generated each day ; the location of disposal sites and methods of treatment ; implementation schedule; areas available for disposal of wastes , design of facilities; comparisons between on- and off-site disposal ; and maintenance programs . The plan will contain evidence of agency concurrence. After 60 days following the filing date , the Licensee may commence activities consistent with the plan, unless the Director , Office of Hydropower Licensing , instructs otherwise . Article 36 . within 1 year following the date of issuance of this license and at least 60 days before starting any construction or maintenance activity of a land-disturbing nature, the Licensee shall file a plan for oil and hazardous substances storage and spill prevention and cleanup approved by the Forest Service with the Director, Office of Hydropower Licensing. The plan shall require , at a minimum, the Licensee to maintain in the project area a cache of spill cleanup equipment suitable to contain any spill from the project; periodically inform the Forest Service of the location of the spill cleanup equipment on National Forest System lands and of the location , type and quantity of oil and hazardous substances stored in the project area; and to inform the Forest Service immediately of the nature, time , date, location, and action taken for any spill . After 60 days following the filing date, Licensee may commence activities consistent with the plan , unless the Director , Office of Hydropower Licensing , instructs otherwise. Article 37 . within 1 year following the date of issuance of this license and before starting any construction or maintenance activity of a land-disturbing nature , the Licensee shall file with the Director , Office of Hydropower Licensing , a plan approved by the Forest Service for the storage and/or disposal of excess ?"' construct ,ten/tjnne] sioi ] s and side material . At a r^inir^.jr- , the plan shalt address contniring of any storage piles tn conf,)rR, to adjacent :and forms and slopes ; stabilization and rehabilitation of all spzil sites and borrow pits ; and also prevention of water contamination by leachate and runoff . The plan also shall include an implementation schedule and maintenance program. After 60 days following the filing date for the final plan , the Licensee may commence activities consistent with the plan, unless the Director, Office of Hydropower Licensing , instructs otherwise . Article 38 . Licensee shall , 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 , halt construction activity in the vicinity, consult a qualified archeologist to determine the signi- ficance of the sites , and consult with the California State Historic Preservation Officer (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. Article 39 . Licensee shall , during the operation of the project , annually on or about the anniversary date of the license , consult with the Forest Service, the U .S . Fish and Wildlife Service , and other appropriate environmental agencies with regard to measures needed to insure continued protection and development of the natural resource values of the project area. The Commission reserves the right , after notice and opportunity for hearing, to require such changes in the project and its operation as may be necessary to accomplish such natural resource protection and development . Article 40 . Licensee shall not use pesticides or herbicides on National Forest System - (NFS) lands for any purpose without the prior written approval of the Forest Service. Each year on or about the anniversary date of the license, the Licensee shall file a pesticide and herbicide use plan approved by the Forest Service with the Director , Office of Hydropower Licensing . Exceptions to this schedule may be allowed only when unexpected outbreaks of pests require control measures that were not anticipated at the time the annual report was submitted . At that time the Forest Service may grant an emergency approval . The Licensee shall , within 1 month , file a copy of this approval with the Director, Office of Hydropower Licensing. Only those materials registered by the U.S. Environmental Protection Agency for the specific purpose planned will be 10'"1 -9- '^ corsidareO for use on National Forest System lands . Lahel instruc- tions will he strictly followed in the preparation and application of pestici ;jes anI disposal of excess materials and containers . . Article 41 . Licensee shall commence construction of project works within 2 years from the issuance date of the license and shall complete construction of the project within 4 years from the issuance date of the license . Article 42 . Licensee shall provide to the Commission ' s Regional Engineer, the Director, Office of Hydropower Licensing , and the U .S . Bureau of Reclamation , one copy each of the final contract drawings and specifications for pertinent features of the project , such as water retention structures , powerhouse , and water cc- veyance structures, at least 60 days prior to start of construction . The Director , Office of Hydropower Licensing , may require changes in the plans and specifications to assure a safe and adequate project . Article 43 . Licensee shall , within 90 days of completion of construction, file for approval by the Director, Office of Hydropower Licensing , revised Exhibits A and F to describe and show the project as-built . f.-. Article 44 . The design and construction of those facilities that would be an integral part of , or that could affect the structural integrity or operation of the Government project shall be done in consultation with and subject to the review and approval of the U .S. Bureau of Reclamation (USER) . The Commission reserves the right to resolve any disagreement between the Licensee and the USBR. Article 45 . Licensee shall review and approve the design of contractor-designed cofferdams and deep excavations prior to the start of construction and shall ensure that construction of cofferdams and deep excavations are consistent with the approved design . At least 30 days prior to start of construction of the cofferdam, the Licensee shall file with the Commission 's Regional Engineer and Director , Office of Hydropower Licensing , and the U .S . Bureau of Reclamation one copy each of the approved cofferdam construction drawings and specifications and a copy of the letter( s) of approval . Article 46 . Licensee shall enter into an agreement to coordinate their plans with the U .S . Bureau of Reclamation (USBR) for access to site activities on lands and property administered by the USBR so that the authorized purposes , including operation -10- cif the Fe4eral faci l it i (-s� , are protecte,' . In general , the agreement shall not 'he redundant with the Commission ' s requirements contained in this l :ensc and shall identify the facility , and the study anc? crn.G_ r.:ct ion act ivi t iP as ar p) icable , and terms and Condit ions under w}- ic`: studies any, con--truction will be conducted . The I agreement shall be mainly composed of the following items : ( 1 ) 1 reasonable arrangements for access to the l)SBR site to conduct studies an; construction activities , such access rights to be conditioned by the USBR as may he necessary to protect the federally authorize' project purposes and operations ; ( 2 ) charges to be paid by Licensee to the USAR (a ) for technical studies by the USBR that relate solely to the structural integrity or operation of the USBR facility associated with power plant development , (h) for review of designs including plans and specifications , and for construction inspections based on personnel costs, where such review and inspections are directly related to the structural integrity or operation of the [ISBR dam, and (c) for construction costs that may be incurred by the USBR for the specific and sole purpose of accommodating the installation of power facilities at the existing USBR dam; and (3 ) charges to be paid by Licensee to the USBR for copies of reports, drawings and similar data based on printing and mailing costs , provided that charges shall not be assessed for information, services, or relationships that would normally be provided to the public. Should the Licensee and the USBR fail to reach an agreement , the Licensee shall refer the ,.. matter to the Commission for resolution . Article 47 . The construction, operation and maintenance of the project works that , in the judgment of the U.S . Bureau of Reclamation (USBR) may affect the structural integrity or operation of the USBR project shall be subject to periodic or continuous inspections by the USBR. Any construction, operation or maintenance deficiencies or difficulties detected by the USBR inspection will be immediately reported to the Regional Engineer. Upon review, the Regional Engineer will refer the matter to Licensee for appropriate action . The USBR inspector will report to the Regional Engineer the need to stop construction , operation or maintenance while awaiting resolution of construction, operation or maintenance deficiencies or difficulties if such deficiency or difficulty would affect the structural integrity of the USBR project . Article 48 . Licensee shall , prior to commencement of operation, enter into a memorandum of agreement with the U.S. Bureau of Reclamation (USBR) describing the mode of hydropower operation acceptable to the USBR . The Regional Engineer shall be invited to attend meetings regarding the agreement . The memorandum of agreement shall be subject to revision by mutual consent of the USBR and Licensee as experience is gained by actual project -11- operation . Should the Bureau fail to reach an agreement with the Licensee . the matter will he referred to the Director , Office of Py�ropowFr Licensing , for resolution . Co-lies of the signed memo randur between t :-e USPF and licensee and any revision thereof shall he furnishes to the Director , Office of Hydropower Licensing, and the Regional Engineer . Article 49 . The Licensee shall have no claim under this license a-lainst the United States arising from the effect of any changes made in the operation or reservoir levels of the U .S . Bureau of Reclamation ' s Boca Project . Article 50 . The Licensee shall provide the Regional Engineer two copies of all correspondence between the Licensee and the U .S . Bureau of Reclamation (USBR) . The Regional Engineer shall not authorize construction of any project work until the USBR' s written approval of construction plans and specifications has been received by the Regional Engineer. Article 51 . The Licensee shall pay the United States for the following annual charges: (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 to the provisions of the Commission's regulations in effect from time to time. The authorized installed capacity for that purpose is 3 ,200 horsepower. (b) For the purpose of recompensing the United States for utilization of surplus water or water power from the Government dam, a reasonable amount as determined by 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 one acre 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 . (d ) For the purpose of recompensing the United States for the use , occupancy , and enjoyment of one acre 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. (F) This order is final unless a petition appealing it to the Commission is filed within 30 days from the date of its issuance , as provided in Section 385 .1902 of the Commission's -12- regulatiorF , 18 CFR 385 . 002 ( 1983 ) . Licensee ' s failure to file a petition appealing this order to the Comriw ion shall constitute acceptance of trig order . In acknowleIgment of acceptance of this order and its terms and conditions , it shall he signeo by � the Licensee and returned to the Commission within 60 days from the date this order is issued . Quentin A. Edson Director, Office of Hydropower Licensing I Project No. 2920-001 11j,: TF:�TIW Y of its acknowledgment of acceptance of all the terms arc conditions of this order . Truckee-Donner Puhlic Utility District , on this day of 19____ , has caused its name to be signed hereto by _ _ , its President , and its municipal seal to be affixed hereto and attested by its Manager, 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 slj6ent Attest : Manager (Executed in quadruplicate) F o L-2 (Re; sed Oc=o�*-e. , FEDr_ %L ENERGY REGUIOA ORY CC)`"'.;,SIv:: � I TZILMS AND CONDITIONS OF LICENSE FOR t CNCONSTRUCTED MAJOR PROJECT AFFECTING LANDS OF THE UNITED STATES Article 1. The entire project, as described in phis order of the ssion, 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, Tans , specifications, and statements described and designated as exhibits and approved by the Commission in its order as a part of the license until such change shall have been approved by the Commission: Provided, however, That if the Licensee or the Commission do it 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 tha proposed changes which, ?0�11:pon approval by the Commission, shall become a part of the license and shall supersede, in whole or in part, such exhibit or exhibits theretofore made a part of the license as may be specified by the Commission. Article 3. The project works shall be constructed in sins aatX conformity with the approved exhibits 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, life, health, or property, there shall not be made without lrior approval of the Commission any substantial alteration o- addition not in conformity with the approved plans to any cam. 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 change as the Coamaission may direst. Minor changes in project works, or in uses of project lands and waters , or divergence ' from such approved exhibits may be made if such changes will not result in a decrease in efficiency, -in a material increase in in an adverse environmental impact, or in impairment of general scheme of development; but any of such minor changes ma_� without tha prior approval of the Commission, which in its �...`,3. tenant have produced or will produce any of such results, be subject to such alteration as the Commission may sect. 2 - he ccr%;Ietion of the pre-;ect , --r at S="'. Ot''e- time as t:.e Commission may direct, the Licensee shall suit to the Cxmission for approval revised exhibits insofar as necessa-n, to show any divergence from or variations is the project area and project boundary as finally located or in the project works as actually constructed when compared with the area and boundary shown and the works described in the license cr 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 LZ tEW project and any work incidental to addi- tions or alterations shall be subject to the inspection and supoxvision of the Regional Engineer, Federal Power Commissian, 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 him a detailed program of inspection by the Licensee that will provide for an adequate and qualified inspectioa force 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 furnish to said representative such further information as he may require concerning the construction, operation, and maintenance of the project, and of any alteration thereof, and shall notify him of the date upon which work will begin, as far in advance thereof as said representative may reasanably 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 applicability as the Commission may prescribe from time to time for the protection of life , health, or property. - 3 - A-t 4:__e c Tue _- :ce..see , w4 t.1" five years from t:.e fate .. Of issuance of the license , shall acquire title ir. fee o: the right to vse in perpetuity all lands , other than lands of -.he united States , necessary or appropriate for the construction, maintenance , and operation of the project. The Licensee or its successors and assigns shall, during the period of the license, retai.r the possession of all project property covered by .:e 6 license as issued or as later amended, including the project i area , the project works , and all franchises , easements, crater rights , and rights of occupancy and use; and none of such j properties shall be voluntarily sold, leased, transferred, abandoned, or otherwise disposed of without the prior written approval of the Commission, except that the Licensee may lease or otherwise dispose of interests in project lands or property without specific written approval of the Commission pursuant to the than 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 thereof when they become obsolete, inadequate, or inefficient for further service due to wear and tear; and mortgage or trust deeds or judicial sales made thereunder, or tax sales , shall not be deemed voluntary transfers within r^ the manning of this article. Article 6 . Zn the event the project is taken over by the Unit States upon the termination of the license as provided in Section ii of the rederal Power Act, 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 necessary or appropriate or valuable and serviceable i.n the maintenance and operation of the project, and shall pay and discharge, or shall assume responsibility for payment and discharge of, all liens or encumbrances upon the project or project property created by the Licensee or created or incurred after the issuance of the license: Provided, That the provisions of this article are not intandeZI to require the Licensee, for the purpose of transferring the project to the United States or 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. k - 4 - 7 . The actual legitimate original cost of the protect, and of any addition thereto or betterment thereof , shall ,be_ determined by the Commission in accordance with the Federal Power Act and the commission's Rules and Regulations thereunder. Article S . The Licensee shall install and thereafter maintain gages and stream-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 of such gages and for the adequate rating of such stations; and shall install and maintain standard meters adequate for the detazmination of the amount of electric energy generated by the project works. The number, character, and location of gages, mrtars, or other measuring devices, and the method of operation thereof, 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 number, character, and location of gages, meters, or other measuring devices , and the method of operation thereof, as are necessary to secure adequate determinations. The installation of gages , 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 oistrict Lngineer 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 Geological 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 determinations to the satisfaction of the Ccamsission, 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 opport a ty�or 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 is the public intarest to do so. I - 5 - Article 10 . The Licensee shall , after notice and oppo: ty . or hea::nq , coordinate vhe operation of VL e project, electrically and hydraulically, with such other projects or power systems and in such manner as the Commiss:on may direct in the interest of power and other beneficial public uses of water resources , and on such conditions concerning the equitable sharing of benefits by the Licensee as the Commission may order. Article 11. Whenever the Licensee is directly benefited by tSe construction work of another licensee, a permittes, or the United States on a storage reservoir or other headwater improvement, the Licensee shall reimburse the owner of the headwater improvement for such part of the annual charges for interest,. maintenance, and depreciation 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 determirnations 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 affect use, storage and discharge from storage of waters affected by the license, shall at all times be controlled by such reasonable rules and regulations as the Comission may prescribe for the protection of life, 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 cubic 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, association, 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 o" - 6 - for hearing , in the interests of comprehensive development of the waterway or waterways involved and the conservation and utilization of the water resources of the region for water surrly� or for the purposes of steam-electric, irrigation, industrial, municipal or similar uses . The Licensee shall receive reasonable compensation for use of its reservoir or other project properties or parts thereof for such purposes, to include at least full reimbursement for any damages or expenses which the 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 and the party or parties benefiting or after notice and opportunity for hearing. Applications shall contain information in sufficient detail to afford a full understanding of the proposed use, including satisfactory evidence that the applicant possesses necessary water rights pursuant to applicable State law, 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 may have been adopted with respect. to the use of such waters. Article 14 . In the construction or maintanance of the project wor =# the Licensee shall place and maintain suitable structures and devices to reduce to a reasonable degree the liability -of contact betweisn its transmission lines and telegraph, 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 deqree the liability of any structures or wires falling or obstructing traffic or endangering life. None of the provisions of this article are intended to relieve the Licensee from any responsibility or requirement which may be imposed by any other lawful authority for avoiding or eliminating inductive interference. Article 15 . The Licensee shall, for the conservation and deTpment of fish and wildlife resources, construct, 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 tha Secretary of the Znterior or the fish and wildlife agency or agencies of any State in which the project or !^ a tart thereof is located, after notice and opportunity cor hearing. A--ticle l5 . Whenever the United States shall des_re , in connection wl t.h the project, to ccns t::zc t fish ar.d wildlife facilities or to improve the existing fish and wildlifo, facili ties 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 the Commission in order to permit the maintenance and operation of the fish and wildlife facilities constructed or improved by the United States under the provisions of this article. This article shall not be .interpreted to place any obligation on the United States to construct or improve fish and wild- life facilities or to relieve the Licensee of any obligation under 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 physically handicapped, 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 license upon its own motion or upon the recommendation of the Secretary of the Interior or other interested Federal or State agencies, after notice and opportunity for hearing. Article 19 . So far as is consistent with proper operation of project, the 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 from 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. 8 - A-..cle 19 . In the construction, :raintera.^ce , o: ocerat.cn o t. e protect, the Licensee shall be respors:'Z.e !or , 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 Comm.�ssion, upon re quest or upon its own motion, may order the L.Icersee to take such measures as the Commission finds to be necessary for these purposes , after notice and opportunity for hearing. Article 20 . The Licensee shall consult with the appropriate 5tate and Federal agencies and, within one year of the date of issuance of this license, 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 the project which results from the clearing of lands or from the maintenance or alteration of the project works. Zn addition, all trees along the periphery of project reservoirs which may die during operations of the project shall be removed. Upon approval of the clearing plan all clearing of the lands and �- disposal 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�troyed 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 lands. Payment for merchantable timber shall be at current stwnp- _ age rates, and payment for young growth timber below merchantable size shall be at current damage appraisal values. However, the agency of the United States having jurisdiction may sell or dispose of the merchantable timber to others than the Licensee: Provided, That timber - so sold or disposed of shall be cut and ved from the area prior to, or without undue interference with, clearing operations of the Licensee and in coordination with the Licensee's project construction schedules. Such sale or disposal to others shall not relieve the Licensee of responsibility for the clearing and disposal of all slash and debris from project lands. 9 - Article 22 . The Licensee shall do eve: 4. ing -ea- scnably withi -its power, and shall regrire its employees, contractors , and employees of contractors to do every- thing reasonably within their power, both independently and upon the request of officers of the agency conce:r.ed , to prevent, to make advance preparations for suppression of, and to suppress fires on the lands to be occupied or used under the license. The Licensee shall be liable for and shall pay the costs incurred by the United States in suppressing fires caused from the construction, operation, or main- ! tenance of the project works or of the works appurtenant I 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 the agency of the United States having jurisdiction over the lands of the United States affected, or by persons or corporations occupying lands of the United States under permit, of water for fire suppression from any stream, conduit, or body of water, natural or artificial, used by the Licensee in the operation of the project works covered by the license, 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 Licensee 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 or destruction, or by reconstruction or repair of damaged 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 Stites , 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 of said lands by the Licensee for the pu_-poses o: t,%e :: terse . -s license shall not be corstrsed as conferring upon the Licensee any right of use, occupancy, or enjoyment of the lands of the United States other than for the construction, operation, and maintanance of the project as stated iz the license . Article 26 . In the construction and maintenance of the project, the location and standards of roads and trails on lands of the United States and other 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 the . department or agency of the United States having supervision over the lands involved. Article 27. The Licensee shall make provision, or shall BMW the 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- structton 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. AgSIcle 28. The Licensee shall make uss of. the Commiss":es guidelines an other recognised guidelines for treatment of transmission line rights-of-way, and shall clear such portions of transmiAsion 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. - 11 - art=o.0 . Z9:,r The :,icensee shall cooperate wi:h toe united StaZes ,rn t a disposal by the United States , under the Act of July 31 , 1947 , 61 Stat. 681 , as amended (30 U.S .C. sec. 601 , et sec.. ) , of mineral. and vegetative materials from. Lands- of tET united States occupied by the project or any part thereof : Provided , That such disposal has been authorized by t..e ommisaion and that it does not 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 ques—t o of unreasonable interference shall be determined by the Commission after notice and opportunity for hearing. Article 30. If the Licensee shall cause or suffer essential pro eo property to be removed or destroyed or 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 the terms of the license and the lawful orders of the Commission nailed 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 and power lines within the project boundary and to take any such other action necessary to restore th• .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 operation and maintenance of noapowsr facilities and fulfill such other obligations under the license as the Commission may prescribe. In addition, the Commission in its discretion, 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 iateat of the Licensee to surrender the license. Article 31. The right of the License* and of its successors and--assigas 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 and of the license period, unless the Licensee has obtained a new license pursuant to the then existing laws and regulations, or an annual '._cense '.:ode= the .terms and conditions of this license. 12 - Article 32 . The terms and conditions ex;:resa:y set forth is t.�e license shall not be construed as iatpairing any terms and conditions of the Federal Power Act which are not exIpressly set forth herein. i i F I