FERC Order Issuing License For DEP's Cannonsville Hydropower Project

147 FERC 62,113
UNITED STATES OF AMERICA

FEDERAL ENERGY REGULATORY COMMISSION
City of New York Project No. 13287-004
ORDER ISSUING ORIGINAL LICENSE
(May 13, 2014)
INTRODUCTION
1. On February 29, 2012, the City of New York (City) filed, pursuant to Part 1 of the
Federal Power Act (FPA),
1
an application for an original license to construct, operate,
and maintain the proposed Cannonsville Hydroelectric Project No. 13287 (Cannonsville
Project or project). The 14.08-megawatt (MW) project will be located at the Citys
existing Cannonsville Reservoir, on the West Branch of the Delaware River, near the
Town of Deposit, Delaware County, New York. The project will not occupy any federal
lands.
2
2. As discussed below, this order issues an original license for the Cannonsville
Project.
BACKGROUND
3. On April 2, 2012, the Commission issued a public notice that was published in the
Federal Register accepting the application for filing, and soliciting motions to intervene
and protests.
3
The notice set June 1, 2012, as the deadline for filing motions to intervene
and protests. The New York Department of Environmental Conservation (New York
DEC) filed a timely motion to intervene on May 16, 2012,
4
and the U.S. Department of

1
16 U.S.C. 791(a) 825(r) (2012).
2
The West Branch Delaware River is a tributary of the Delaware River, a
navigable water of the United States. Because the project is located on a stream over
which Congress has jurisdiction under the Commerce Clause, affects interstate commerce
through its connection to an interstate power grid, and the project will be constructed
after 1935, it is required to be licensed by the Commission pursuant to section 23(b)(1) of
the FPA. See 16 U.S.C. 817(1)(2012); see also FPC v. Union Electric Co., 381 U.S. 90,
94-96 (1965) and Habersham Mills v. FERC, 976 F.2d 1381, 1384-85 (11th Cir. 1992).
3
77 Fed. Reg. 21551-21552 (April 10, 2012).
4
Timely, unopposed motions to intervene are granted by operation of Rule 214(c)
20140513-3042 FERC PDF (Unofficial) 05/13/2014
Project No. 13287-004 - 2 -
the Interior (Interior), on behalf of the U.S. Fish and Wildlife Service (FWS), the
National Park Service (NPS), and the U.S. Geological Survey (USGS), filed a timely
notice of intervention on May 23, 2012.
5
The Friends of the Upper Delaware River filed
a late motion to intervene on June 5, 2012, (amended on June 7, 2012) that was granted
by the Commission on July 18, 2012. The Coalition of Watershed Towns, New York
State Senator John Bonacic, and the U.S. Fish and Wildlife Service also filed comments.
None of the intervenors or commenters oppose the project.
4. On November 2, 2012, the Commission issued a public notice that was published
in the Federal Register indicating the application was ready for environmental analysis
and soliciting comments, recommendations, terms and conditions, and prescriptions.
6
Interior and the New York DEC filed comments and recommendations on December 18
and 21, 2012, respectively. The City filed reply comments on February 15, 2013.
5. A draft Environmental Assessment (draft EA) was prepared by Commission staff
and issued on October 31, 2013, analyzing the effects of the proposed project and
alternatives to it. Interior and the City filed comments on the draft EA on November 21,
2013, and December 2, 2013, respectively. On January 28, 2014, Commission staff
issued a final EA. References in this order to the EA are to the final EA unless otherwise
noted.
6. The interventions, comments, and recommendations have been fully considered in
determining whether, and under what conditions, to issue this license.
PROJECT DESCRIPTION AND OPERATION
A. Project Area
7. Cannonsville Reservoir is located on the West Branch of the Delaware River in
New Yorks Catskill Mountains. The West Branch of the Delaware River is the principal
drainage channel for the basin and delivers flows from northeast to southwest through a
relatively narrow, flat-floored valley. From Cannonsville Reservoir, the West Branch of
the Delaware River flows about 18 miles to its confluence with the East Branch of the
Delaware River, forming the Delaware River. From that point, the Delaware River flows
generally southward over 200 miles into Delaware Bay.

of the Commissions Rules of Practice and Procedure. 18 C.F.R. 385.214 (c) (2013).
5
Under Rule 214(a) of the Commissions Rules of Practice and Procedure, FWS,
NPS, and USGS became parties to the proceeding upon timely filing of the notice of
intervention. 18 C.F.R. 385.214(a) (2013).
6
77 Fed. Reg. 67352 (November 2, 2012).
Project No. 13287-004 - 3 -
B. Existing Facilities and Reservoir Operation
1. Cannonsville Dam and Reservoir
8. Cannonsville Dam was built and placed into service in the mid-1960s for the
purpose of supplying water to the City of New York. It is located on the West Branch of
the Delaware River near the Town of Deposit, Delaware County, New York. The dam is
a zoned earthen embankment with a 2,800-foot-long, 45-foot-wide crest rising 175 feet
above the valley floor to an elevation of 1,175.0 feet above mean sea level (msl). The
dam is orientated in a north-south direction and is formed by two embankment sections.
An un-gated spillway is located at the abutment on the north side of the dam. The
spillway discharges into a channel that was excavated from bedrock and runs parallel to
the spillway.
9. The dam impounds Cannonsville Reservoir, which is approximately 12 miles long,
with a surface area at the spillway crest elevation of 1,150.0 feet msl of about 4,670
acres. The usable storage capacity of the reservoir is reported to be about 296,840 acre-
feet. The mean depth of the impoundment, relative to the spillway crest elevation, is
about 61 feet.
10. The dams low-level outlet release works are operated to convey flow to the West
Branch of the Delaware River downstream of the dam and are located at the south end of
the dam. Discharges are made through a concrete intake structure at the upstream toe of
the dam and then through a 17.5-foot-diameter concrete diversion conduit that reduces
down to an 11.9-foot-diameter release conduit.
11. The Citys water supply withdrawals are made through an intake chamber located
on the south shore of the impoundment, roughly 5 miles upstream of the dam. Water
drawn from Cannonsville Reservoir enters the West Delaware Tunnel and travels
approximately 44 miles to the upper end of Rondout Reservoir. From there, it is carried
in the 85-mile-long Delaware Aqueduct and through other reservoirs before entering the
Citys water supply distribution system. The Citys water supply intake is not part of the
proposed hydroelectric project. Its water supply function would continue under any
licensing alternative.
2. Delaware River Basin
12. Diversions and releases from Cannonsville Reservoir are subject to a 1954 Decree
issued by the United States Supreme Court that established an equitable allocation of
Delaware River Basin waters (1954 Decree).
7
The parties to the decree are the City of

7
New Jersey v. New York, 347 U.S. 995 (1954). The Decree is reprinted at
http://water.usgs.gov/osw/odrm/decree.html
Project No. 13287-004 - 4 -
New York, the States of Delaware, New Jersey, and New York, and the Commonwealth
of Pennsylvania (Decree Parties). As pertinent here, the 1954 Decree established the
amount of water the City could withdraw from each of its three reservoirs and provided
for minimum average releases from the reservoirs that in the aggregate would meet a
flow requirement as measured downstream of the reservoirs at a location in New Jersey.
8

13. In 1961, the Decree Parties and the federal government enacted legislation known
as the Delaware River Basin Compact.
9
The Compact established the Delaware River
Basin Commission (DRBC) and gave it the authority to regulate and control withdrawals
and diversions from surface and ground waters throughout the basin for the conservation,
utilization, and development of basin water and related resources.
10
However, the
DRBCs allocation of basin waters under the Compact may not adversely affect the rights
and obligations of the Decree Parties under the 1954 Decree without their unanimous
consent.
11

14. In 2007, the DRBC and the Decree Parties implemented a Flexible Flow
Management Program (FFMP) to manage the Citys reservoirs for competing water
needs and to address other issues, such as conservation and habitat protection.
12
Since

8
347 U.S. 995 at 997-998. The Decree: (1) allocated to New York City the
equivalent of 800 million gallons per day from the Citys three Delaware Basin reservoirs
(effective when all three of those reservoirs were fully constructed); (2) required
compensating releases from the Citys reservoirs to maintain a flow of 1,750 cubic feet
per second at Montague, N.J.; (3) established an excess quantity to be released from the
reservoirs each year; and (4) granted certain diversion rights to New Jersey. The Decree
established the Delaware River Master to implement the terms of the Decree.
9
Delaware River Basin Compact Act of 1961, Pub. L. 87-328, 75 Stat. 688. The
Compact is available at: www.state.nj.us/drbc/library/documents/compact.pdf . See
18 C.F.R. Part 401 (2013) (DRBC regulations).
10
Compact, Section 13.1. The DRBC includes a representative of each of the
Decree Parties and a representative of the United States.
11
Compact, Sections 3.3, 3.5. The Compact also provides that certain projects,
including proposed hydropower projects, are subject to the DRBCs review and approval.
See Compact, Section 3.8; and 18 C.F.R. 401.31-401.41 (2013). Therefore, the City
must seek the DRBCs approval that its project is consistent with DRBCs
comprehensive plan for the basin. On March 24, 2014, the Citys Cannonsville Dam and
Reservoir hydropower project was included on the DRBCs list of the most recently
received applications for approval pursuant to Section 3.8 of the Compact, under docket
no. D-2014-002 CP-1.
12
The FFMP is available through the Office of the Delaware River Masters web
Project No. 13287-004 - 5 -
the initial implementation period (October 1, 2007 through May 31, 2011), the FFMP has
been modified several times and the current agreement makes clear that additional
analyses and studies are needed before Decree Parties can reach a longer term agreement.
The current operating protocol for the reservoir, referred to as the Flexible Flow
Management Program with Operations Support Tool (FFMP-OST), is currently slated to
remain in effect until May 31, 2014, with an option for the Decree Parties, by unanimous
consent, to extend it for an additional year (i.e., until May 31, 2015).
C. Proposed Project Facilities and Operation
15. The project will consist of the new or modified features described below.
16. The existing 12-foot-diameter conduit leading from the low-level inlet structure to
the existing low-level release works building will be tapped with a wye connection to a
12-foot-diameter steel pipe. The 12-foot-diameter pipe will run in a south-to-north
direction and will be tapped with four individual wye connections to convey the flow to
four individual steel penstocks leading to four turbines.
17. A new approximately 168-foot-long by 54-foot-wide powerhouse will be
constructed adjacent to the existing low-level release works building. The powerhouse
will contain four horizontal-shaft, Francis-type turbine-generator units with a total
hydraulic capacity of 1,500 cubic feet per second (cfs) and a total station capacity of
14.08 MW. The rated head, based on a headpond elevation at the spillway crest
elevation, is approximately 122 feet.
18. A tailrace will be excavated adjacent to the existing low-level outlet works
building to allow generation flows to connect with the West Branch of the Delaware
River immediately below the dam.
19. From the powerhouse, generated electricity will run through a 150-foot-long
12.47-kilovolt (kV) underground transmission line, then a 1,200-foot-long overhead
12.47-kV line to a proposed project step-up substation. The electrical interconnection
between the substation and the New York State Electric & Gas Corporation (NYSEG)
transmission system will be via a new 460-foot-long, 46-kV overhead transmission line.
20. A detailed project description is contained in Ordering Paragraph B.
21. The project will not alter the existing water supply withdrawals to the Citys
water supply system or its flow releases to the West Branch of the Delaware River, as

site at http://water.usgs.gov/osw/odrm/documents/FFMP_2013_Agreement.pdf. This
operating regime is designed as an adaptive framework to allow flexibility for
modifications and adjustments.
Project No. 13287-004 - 6 -
established by the 1954 Decree and the FFMP-OST. As noted above, the Citys water
supply intake is located about 5 miles upstream of the existing dam and proposed
powerhouse. The intake is not proposed to be a project feature and will not serve any
project purpose. The project will use releases made to the West Branch of the Delaware
River, which will continue to be made in accordance with the applicable operating
protocol agreed to by the Decree Parties, as may be modified from time to time.
22. Flows that are currently released through the dams outlet works will instead be
released downstream through the proposed powerhouse and tailrace in approximately the
same location as the outlet works point of discharge. The water available for generation
at the project will be as stipulated by the DRBC and Decree Parties, currently the FFMP-
OST, or subsequent operating protocol agreed to by the Decree Parties.
23. The estimated annual generation for the project is 42,281 megawatt-hours (MWh)
and the annual plant factor is estimated to be about 34 percent.
C. Project Boundary
24. The Citys proposed project boundary follows the reservoir shoreline at the 1,150-
foot (msl) elevation contour (i.e., spillway elevation), with a 25-foot linear buffer on the
upland side. At the dam, the project boundary also extends from 1,450 linear feet (at the
south abutment) to 100 linear feet (at the north abutment) on the downstream side of the
dam to encompass the proposed project facilities, including the powerhouse, tailrace,
transmission lines, and spoils area. In all, the project boundary encompasses 4,954 acres,
all of which are owned by the City. No federal or tribal lands are present within the
project boundary.
D. Proposed Environmental Measures
25. The City proposes to implement the following environmental measures in
association with construction of the proposed project: (1) update the erosion and
sediment control plan in the license application to reflect final project design; (2) use
signage to identify vernal pool
13
areas to be avoided during construction, and implement
any wetlands mitigation that may be required by the U.S. Army Corps of Engineers
(Corps); (3) in accordance with its Revised Flow Management Plan filed on February 28,
2014,
14
deploy and operate flow management structures (i.e., siphons) to maintain flows

13
Vernal pools are small, shallow, and usually isolated depressions that are
temporarily flooded in spring or fall. They provide breeding habitat for reptiles,
amphibians, and other wildlife.
14
Letter from Adam T. Conway, counsel, on behalf of the City, filed February 28,
2014. The original plan was filed as appendix 11 to the license application, and revised
to be consistent with staffs recommendations in the EA.
Project No. 13287-004 - 7 -
of appropriate quantity and quality to the West Branch of the Delaware River during the
3-month period when construction renders the existing outlet works unusable; and (4)
include raptor protection measures in the design and construction of the proposed
transmission lines, to reduce the collision and electrocution risk for raptors, including
bald eagles.
26. The City proposes to continue to make reservoir releases in accordance with the
FFMP-OST, or any subsequent operational protocol agreed to by the Decree Parties.
SUMMARY OF LICENSE REQUIREMENTS
27. As summarized below, this license, which authorizes 14.08 MW of renewable
energy, requires a number of measures to protect water quality, fisheries, and terrestrial
and cultural resources at the project.
28. To minimize sediment transport to the West Branch of the Delaware River, thus
preserving water quality in the river and protecting fish and other aquatic life therein, this
license requires the City to implement an erosion and sediment control plan during
project construction.
29. To ensure that flows of appropriate quantity and quality to the West Branch of the
Delaware River are maintained during the 3-month period when construction renders the
existing outlet works unusable, this license requires the City to make downstream
releases via siphons, until the outlet works are again usable.
30. To ensure that downstream conservation and municipal water supply system
releases are maintained, and that the reservoir continues to provide flood control benefits,
this license requires the City to operate the project in accordance with the FFMP-OST, or
any subsequent operating protocol agreed to by the Decree Parties.
31. To minimize effects on wetlands due to project construction activities and to
protect wildlife habitat, this license requires the City to file a wetland avoidance and
mitigation plan.
32. To protect wildlife resources, this license requires the City to: develop an Avian
Protection Plan to include designing and constructing the transmission line to adhere to
the most current Avian Power Line Interaction Committee (APLIC)
15
standards; and

15
APLIC is a collaboration among numerous electrical utilities and research
groups and the FWS that was formed to identify the causes of, and develop methods and
designs to minimize, avian electrocutions and collisions at power lines. APLIC has
released guidelines to address avian electrocution and collision.
Project No. 13287-004 - 8 -
develop a bald eagle conservation plan in consultation with Interior and the New York
DEC.
33. To protect cultural resources in the event that they are inadvertently discovered
during project construction and operation, this license requires the City to discontinue
construction-related activities until the proper treatment of any potential archaeological or
cultural resources is determined.
WATER QUALITY CERTIFICATION
34. Under section 401(a)(1) of the Clean Water Act (CWA),
16
the Commission may
not issue a license authorizing the construction or operation of a hydroelectric project
unless the state water quality certifying agency either has issued water quality
certification for the project or has waived certification by failing to act on a request for
certification within a reasonable period of time, not to exceed one year. Section 401(d)
of the CWA provides that the water quality certification shall become a condition of any
federal license that authorizes construction or operation of the project.
17

35. On June 8, 2012, the City applied to the New York DEC for water quality
certification for the Cannonsville Project, which the New York DEC received on June 11,
2012. On June 10, 2013, the New York DEC issued certification for the Cannonsville
Project. On June 18, 2013, the New York DEC issued a revised certification that
corrected two of the conditions.
18

36. The certification includes 4 General Conditions, 8 Additional General Conditions
and 29 Special Conditions that are set forth in Appendix A of this order and incorporated
into the license (see ordering paragraph D). The General Conditions and Additional
General Conditions 1 3 and 8 are administrative in nature. Additional General
Conditions 4 7 address pollution prevention, removal of dredged material, interference
with navigation, and site restoration, but are not project-specific.
37. The Special Conditions include requirements addressing six subject areas:
(1) approved plans (AP1
19
AP3); (2) construction requirements (C1 C12);

16
33 U.S.C. 1341(a)(1) (2012).
17
33 U.S.C. 1341(d) (2012).
18
Letter from William J. Clarke, Regional Permit Administrator, New York DEC,
Stamford, NY, June 18, 2013; filed on June 27, 2013.
19
Condition AP1 states All work shall be done in strict conformance with 15
approved documents and plans that are then listed, including the certification
application and all attachments, as well as parts of the license application, including
Project No. 13287-004 - 9 -
(3) operational requirements siphons (CO1 CO3); (4) facility operation requirement
(FO1);
20
(5) fish studies and mitigation (FSM1 FSM3); and (6) state
threatened/endangered species requirements for the bald eagle (T/E1 T/E7).
38. Article 401 requires the licensee to file, for Commission approval, plans required
by the certification conditions, notify the Commission of modifications to project
operation for emergencies or other activities required by the certification, and file
amendment applications for unspecified long-term changes to project operations or
facilities contemplated by the certification.
COASTAL ZONE MANAGEMENT ACT
39. Under section 307(c)(3)(A) of the Coastal Zone Management Act (CZMA),
21
the
Commission cannot issue a license for a project within or affecting a states coastal zone
unless the state CZMA agency concurs with the license applicants certification of
consistency with the states CZMA program, or the agencys concurrence is conclusively
presumed by its failure to act within 6 months of its receipt of the applicants
certification.
40. The New York State Department of State manages New Yorks Coastal Zone
Management Program. The Cannonsville Project is not located within the state-
designated Coastal Management Zone, which includes coastal areas and extends inland

various plans and study reports. Condition AP1s statement that all work be in strict
conformance with what amounts to the entire record of this proceeding does not impose a
specific obligation or requirement on the City and is therefore not enforceable.
20
Condition FO1 requires:
Releases from the reservoir shall be governed by the document entitled
Agreement of the Parties to the 1954 U.S. Supreme Court Decree effective
June 1, 2013 (Flexible Flow Management Program-Operational Support
Tool). Each successor agreement as modified and approved by the Decree
Parties shall be submitted to the Department by the Permittee for
modification of this permit to incorporate by reference said successor
agreement.
This document can be found at
http://water.usgs.gov/osw/odrm/documents/FFMP_2013_Agreement.pdf.
21
16 U.S.C. 1456(c)(3)(A) (2012).
Project No. 13287-004 - 10 -
along the Hudson River to the east of the project, and the project would not affect New
Yorks coastal resources. Therefore, the project is not subject to New Yorks coastal
zone program review and no consistency certification is needed.
22
SECTION 18 FISHWAY PRESCRIPTION
41. Section 18 of the FPA
23
provides that the Commission shall require the
construction, maintenance, and operation by a licensee of such fishways as may be
prescribed by the Secretary of the Interior (Interior) or the Secretary of Commerce, as
appropriate.
42. By letter filed December 18, 2012, Interior requested that a reservation of
authority to prescribe fishways under section 18 be included in any license issued for the
Cannonsville Project. Article 402 of this license reserves the Commissions authority to
require fishways that may be prescribed by Interior for the Cannonsville Project.
THREATENED AND ENDANGERED SPECIES
43. Section 7(a)(2) of the Endangered Species Act of 1973
24
requires federal agencies
to ensure that their actions are not likely to jeopardize the continued existence of
federally listed threatened and endangered species, or result in the destruction or adverse
modification of their designated critical habitat.
44. In a letter filed December 18, 2012, Interior indicated that there are two federally
listed species, the endangered dwarf wedgemussel and the threatened northern wild
monkshood, with the potential to occur in the project vicinity. Interior stated that, based
on the Citys survey results showing that northern wild monkshood was not located in the
vicinity of the project, no further coordination or consultation would be required for that
species.
45. In the draft EA, staff determined that, with its recommended measures, issuing a
license for the Cannonsville Project would have no effect on the northern wild
monkshood and is not likely to adversely affect the dwarf wedgemussel,
25
which has been
found 22 miles downstream of Cannonsville Reservoir. Interior concurred with these

22
See New York State Department of State letter dated January 23, 2012, included
in the Citys license application.
23
16 U.S.C. 811 (2012).
24
16 U.S.C 1536(a)(2) (2012).
25
See draft EA at 6.
Project No. 13287-004 - 11 -
findings in a letter filed November 21, 2013, noting that the required erosion and
sediment control measures should minimize the potential for any construction-related
sediments moving downstream and causing adverse impacts to dwarf wedgemussel.
NATIONAL HISTORIC PRESERVATION ACT
46. Under section 106 of the National Historic Preservation Act (NHPA)
26
and its
implementing regulations,
27
federal agencies must take into account the effect of any
proposed undertaking on properties listed or eligible for listing on the National Register
of Historic Places (National Register) (defined as historic properties) and afford the
Advisory Council on Historic Preservation a reasonable opportunity to comment on the
undertaking. This generally requires the Commission to consult with the State Historic
Preservation Office (SHPO) to determine whether and how a proposed action may affect
historic properties, and to seek ways to avoid or minimize any adverse effects.
47. The proposed projects area of potential effects (APE) was inventoried for
cultural resources by the City. The City concluded that, because the project would be
constructed in an area that was previously heavily disturbed by the construction of the
dam, there is no likelihood of locating archaeological sites at the proposed locations for
the powerhouse, substation, transmission line, or other structures. Staff reviewed the
Citys study and the draft EA concluded that the proposed licensing of the project would
have no adverse effect on historic properties. By letter dated December 18, 2013, staff
requested concurrence from the New York SHPO on the no-adverse-effect determination.
By letter filed February 21, 2014, the New York SHPO concurred.
48. However, it is possible that archaeological or historic sites could be discovered
during construction and over the course of the license. Consequently, Article 406
requires the City to stop construction or other ground-disturbing activities and consult
with the New York SHPO if previously unidentified cultural resources are discovered
during project construction, operation, and maintenance.
RECOMMENDATIONS OF FEDERAL AND STATE FISH AND WILDLIFE
AGENCIES PURSUANT TO SECTION 10(j) OF THE FPA
49. Section 10(j)(1) of the FPA
28
requires the Commission, when issuing a license, to
include conditions based on recommendations submitted by federal and state fish and

26
16 U.S.C. 470 et seq. (2012).
27
36 C.F.R. Part 800 (2013).
28
16 U.S.C. 803(j)(1) (2012).
Project No. 13287-004 - 12 -
wildlife agencies pursuant to the Fish and Wildlife Coordination Act
29
to adequately and
equitably protect, mitigate damages to, and enhance fish and wildlife (including related
spawning grounds and habitat) affected by the project.
50. In response to the November 2, 2012 public notice that the project was ready for
environmental analysis, Interior, in a letter filed December 18, 2012, recommended five
fish and wildlife measures under section 10(j). On November 21, 2013, in response to
the draft EA, Interior revised one of its recommendations. In the final EA, that
recommendation, as revised, was determined to be outside the scope of section 10(j), and
is discussed in the next section.
30
51. This license includes conditions consistent with all four of the recommendations
that are within the scope of section 10(j): (1) operate the project in compliance with the
FFMP-OST (Ordering Paragraph D, certification condition FO1); (2) bury the power
lines where feasible, and if not, follow APLIC guidelines for the transmission lines
(Article 404); (3) develop an avian protection plan in consultation with the New York
DEC and the FWS (Article 404); and (4) develop an eagle conservation plan in
consultation with the FWS and the New York DEC (Article 405).
SECTION 10(a)(1) OF THE FPA
52. Section 10(a)(1) of the FPA
31
requires that any project for which the Commission
issues a license be best adapted to a comprehensive plan for improving or developing a
waterway or waterways for the use or benefit of interstate or foreign commerce; for the
improvement and utilization of waterpower development; for the adequate protection,
mitigation, and enhancement of fish and wildlife; and for other beneficial public uses,
including irrigation, flood control, water supply, recreation, and other purposes.

29
16 U.S.C. 661 et seq. (2012).
30
The draft EA preliminarily determined that Interiors original 10(j)
recommendation for the protection and enhancement of migratory birds may be
inconsistent with the comprehensive planning standard of section 10(a) and the equal
consideration provision of section 4(e) of the FPA, because its proposed time-of-year
restrictions on vegetation clearing would not allow adequate maintenance of lands
adjacent to project facilities and within transmission line corridors (see draft EA at 96-97,
final EA at 97-98). Interior revised its recommendation to remove the time-of-year
restriction on activities.
31
16 U.S.C. 803(a)(1)(2006).
Project No. 13287-004 - 13 -
A. Interiors Recommendation
53. Interiors revised recommendation proposes that for the protection and
enhancement of migratory birds, the licensee shall take all practical measures to avoid
take and minimize disturbance during the construction and operation of the hydropower
project. Because this is not a specific measure to protect, mitigate damages to, or
enhance fish and wildlife, it is considered under the broad public-interest standard of
section 10(a)(1). The related measures required by this license, such as the restriction on
the Citys construction and maintenance activities in proximity to bald eagle nests during
certain times of the year and the required avian protection plan, are consistent with this
recommendation and will adequately protect migratory birds at the project.
B. Wetland Avoidance and Mitigation Plan
54. Construction of the project will occur adjacent to wetlands in several locations,
and will result in the removal of a 0.57-acre freshwater emergent marsh. Wetlands are
important habitat for wildlife, improve water quality, and perform other functions. In the
EA, staff recommended that the City develop and implement a wetland avoidance and
mitigation plan to formalize the Citys proposal for identifying and avoiding vernal pool
habitat and mitigating for the removal of emergent wetland within the tailrace.
32
With
such measures in place, construction-related impacts to wetlands, including vernal pool
habitat, will be minimized. Article 403 requires this plan.
C. Bald Eagle Conservation Plan
55. Construction of the project will occur in the vicinity of at least eight documented
bald eagle nests within the project boundary, including two nests within the proposed
construction area, and has the potential to affect bald eagles by disturbing nesting,
roosting, or foraging activity. The City has an established protocol for monitoring bald
eagles at Cannonsville Reservoir, and currently holds a FWS-issued Bald Eagle Take
Permit and a New York DEC-issued Incidental Take Permit for Threatened and
Endangered Species that authorize existing routine operation and maintenance activities
in the vicinity of bald eagle nests at Cannonsville Reservoir. The City proposes to
continue bald eagle monitoring, and consult with FWS and New York DEC to modify its
existing permits to include the proposed hydropower project. In the EA, staff
recommended that the City develop and implement a bald eagle conservation plan to
minimize impacts to bald eagles within the project boundary, to include specific
measures to monitor bald eagles and avoid bald eagle habitat during project construction,
operation, and maintenance. Additionally, Interiors 10(j) recommendation no. 5 directed
that the City develop an eagle conservation plan, and New York DECs WQC condition
T/E4 requires that the City follow the guidelines of such a plan. With such a plan in

32
See EA at 95 - 96.
Project No. 13287-004 - 14 -
place, construction, operation, and maintenance impacts to bald eagles will be minimized.
Article 405 requires this plan.
ADMINISTRATIVE PROVISIONS
A. Annual Charges
56. The Commission collects annual charges from licensees for administration of the
FPA. Article 201 provides for the collection of funds for administration of the FPA.
B. Exhibit F and G Drawings
57. The Commission requires licensees to file sets of approved project drawings on
microfilm and in electronic file format. Article 202 requires the filing of these drawings.
C. Amortization Reserve
58. The Commission requires that for original licenses for major projects, non-
municipal licensees must set up and maintain an amortization reserve account after the
first 20 years of operation of the project under license. Because the City is a
municipality, no amortization reserve is required.
D. Headwater Benefits
59. Some projects directly benefit from headwater improvements that were
constructed by other licensees, the United States, or permittees. Article 203 requires the
licensee to reimburse such entities for these benefits at such time as they are assessed.
E. Project Financing
60. To ensure that there are sufficient funds available for project construction,
operation, and maintenance, Article 204 requires the City to file for Commission
approval documentation of project financing for the construction, operation, and
maintenance of the project at least 90 days before starting any ground-disturbing
activities that are associated with the project.
F. Use and Occupancy of Project Lands and Waters
61. Requiring a licensee to obtain prior Commission approval for every use or
occupancy of project lands and waters would be unduly burdensome. Therefore,
Article 407 allows the City to grant permission, without prior Commission approval, for
the use and occupancy of project lands and waters for minor activities such as landscape
plantings and certain types of docking facilities. Such uses must be consistent with the
purposes of protecting and enhancing the scenic, recreational, and environmental values
of the project.
Project No. 13287-004 - 15 -
G. Start of Construction
62. Article 301 requires the City to commence construction of the project works
within two years from the issuance date of the license and complete construction of the
project within five years from the issuance date of the license.
H. Review of Final Plans and Specifications
63. Article 302 requires the City to provide the Commissions Division of Dam
Safety and Inspections New York Regional Office (D2SI-NYRO) with final contract
drawings and specifications, together with a supporting design report consistent with the
Commissions engineering guidelines, and the following plans: a Quality Control and
Inspection Program; a Temporary Construction Emergency Action Plan; and a Soil
Erosion and Sediment Control Plan.
64. Article 303 requires the City to retain a FERC-approved Board of Consultants
(BOC) to review and oversee the design and construction of the project, due to the project
construction in close proximity to the toe of the existing dam.
65. Article 304 requires the City to provide the Commissions D2SI-NYRO with
licensee-approved cofferdam construction drawings.
66. Article 305 requires the City to file revised exhibits A, F, G, as applicable, to
describe and show those project facilities as built, for approval.
67. Article 306 requires the City to file the initial independent consultants inspection
report within two years of the issuance date of the license.
68. Article 307 requires the City to file an Owners Dam Safety Program within 90
days of the issuance date of the license.
69. Article 308 requires the City to file a Public Safety Plan within 90 days of the
issuance date of the license.
70. Article 309 requires the City to coordinate with the Commissions D2SI-NYRO
on any permanent or temporary modification resulting from license environmental
requirements which may affect project works or operation.
STATE AND FEDERAL COMPREHENSIVE PLANS
71. Section 10(a)(2)(A) of the FPA
33
requires the Commission to consider the extent
to which a project is consistent with federal and state comprehensive plans for improving,

33
16 U.S.C. 803(a)(2)(A) (2012).
Project No. 13287-004 - 16 -
developing, or conserving a waterway or waterways affected by the project.
34
Under
section 10(a)(2)(A), federal and state agencies filed 41 comprehensive plans that address
various resources in New York. Of these, the staff identified and reviewed 15
comprehensive plans that are relevant to this project.
35
No conflicts were found.
CONSERVATION EFFORTS
72. Section 10(a)(2)(C) of the FPA
36
requires the Commission to consider the
electricity consumption improvement programs of the applicant, including its plans,
performance, and capabilities for encouraging or assisting its customers to conserve
electricity cost-effectively, taking into account the published policies, restrictions, and
requirements of state regulatory authorities. The City will use a small amount of power
produced by the Cannonsville Project to offset on-site electricity requirements; however,
the bulk of the power will be sold into wholesale markets administered by the New York
Independent System Operator, Inc. or disbursed through a power purchase agreement.
73. Staff concludes that, given the limits of the Citys ability to influence users of the
electricity generated by the project, the City will comply with section 10(a)(2)(C) of the
FPA.
SAFE MANAGEMENT, OPERATION, AND MAINTENANCE OF THE
PROJECT
74. Staff reviewed the Citys preliminary plans to build the project as described in the
license application. The project will be safe when constructed, operated, and maintained
in accordance with the Commissions standards and provisions of this license.
NEED FOR POWER
75. To assess the need for power for the Cannonsville Project, staff looked at the
needs in the operating region in which the project is located. The project is located in the
New York Independent System Operator region of the Northeast Power Coordinating
Council Region of the North American Electric Reliability Corporation (NERC).
37

34
Comprehensive plans for this purpose are defined at 18 C.F.R. 2.19 (2013).
35
The list of applicable plans can be found in section 5.5 of the EA for the project.
36
16 U.S.C. 803(a)(2)(A) (2012).
37
The NERC is an international regulatory authority established to evaluate
reliability of the bulk power system in North America. NERC develops and enforces
Project No. 13287-004 - 17 -
According to NERC, summer peak demand in the region is expected to increase at an
average rate of 0.81 percent per year over the 10-year planning period from 2013-2022
(NERC 2012). Also, according to NERC, the winter peak demand in the region is
expected to increase at an average rate of 0.43 percent per year over the 10-year planning
period from 2013-2022 (NERC 2012). Therefore, project power will help meet summer
and winter peak demand. The project's power and contribution to the region's diversified
generation mix will help meet a need for power in the region.
PROJECT ECONOMICS
76. In determining whether to issue a license for a hydroelectric project, the
Commission considers a number of public interest factors, including the economic
benefits of project power. Under the Commissions approach to evaluating the
economics of hydropower projects, as articulated in Mead Corp.,
38
the Commission uses
current costs to compare the costs of the project and likely alternative power with no
forecasts concerning potential future inflation, escalation, or deflation beyond the license
issuance date. The basic purpose of the Commissions economic analysis is to provide a
general estimate of the potential power benefits and the costs of a project, and of
reasonable alternatives to project power. The estimate helps to support an informed
decision concerning what is in the public interest with respect to a proposed license.
77. In applying this analysis to the Cannonsville Hydroelectric Project, two
alternatives were considered: the Citys proposal, and the project as licensed herein.
Under the Citys proposal the project has an installed capacity of 14.08 MW, produces a
dependable capacity of 1.586 MW, and generates an average of 42,281 MWh of
electricity annually. The levelized annual cost of operating the project is $4,951,690, or
$117.11/MWh. When staff multiplies the projects average annual generation by the
alternative energy value of $57.85/MWh
39
and credits the dependable capacity at

reliability standards; assesses reliability annually via a 10year assessment and winter and
summer seasonal assessments; monitors the bulk power system; and educates, trains, and
certifies industry personnel. NERC is the Electric Reliability Organization for North
America, subject to oversight by the U.S. Federal Energy Regulatory Commission and
governmental authorities in Canada (NERC 2012).
38
72 FERC 61,027 (1995).
39
The alternative energy value was based on an average of the monthly average
values for the past year (January 2013 to December 2013) obtained from the New York
Independent System Operator Monthly Report dated December 2013. See:
Project No. 13287-004 - 18 -
$158/kW-year,
40
staff gets a total value of the projects power of $2,696,470 in 2014
dollars. To determine whether the proposed project is currently economically beneficial,
staff subtracts the projects cost from the value of the projects power.
41
Therefore, in the
first year of operation, project power would cost $2,255,220, or $53.34/MWh, more to
produce than the likely cost of alternative power.
78. As licensed herein with staff measures, the levelized annual cost of operating the
project would be about $4,963,320, or $117.39/MWh. Using the estimated average
generation of 42,281 MWh, and 1.586 MW of dependable capacity, the project would
produce power valued at $2,696,470, based on an alternative energy value of
$57.85/MWh and a dependable capacity value of $158/kW-year. Therefore, in the first
year of operation, project power would cost $2,266,850, or $53.61/MWh, more to
produce than the likely cost of alternative power.
79. In considering public interest factors, the Commission takes into account that
hydroelectric projects offer unique operational benefits to the electric utility system
(ancillary service benefits). These benefits include the ability to help maintain the
stability of a power system, such as by quickly adjusting power output to respond to rapid
changes in system load, and to respond rapidly to a major utility system or regional
blackout by providing a source of power to help restart fossil-fuel based generating
stations and put them back on line.
80. Although the analysis shows that the project as licensed herein would cost more to
operate than our estimated cost of alternative power, it is the applicant who must decide
whether to accept this license and any financial risk that entails.
81. Although staff does not explicitly account for the effects inflation may have on the
future cost of electricity, the fact that hydropower generation is relatively insensitive to
inflation compared to fossil-fueled generators is an important economic consideration for
power producers and the consumers they serve. This is one reason project economics is
only one of the many public interest factors the Commission considers in determining
whether or not, and under what conditions, to issue a license.

http://www.nyiso.com/public/webdocs/markets_operations/documents/Studies_and_Repo
rts/Reports/Monthly_Reports/2013/Board%20Monthly%20Report%20December%20201
3.pdf.
40
The dependable capacity was valued as the estimated current annual cost of
hydro-equivalent combined cycle combustion turbine capacity according to the Annual
Energy Outlook for 2013.
41
Details of staffs economic analysis for the project are included in section 4.0 of
the EA.
Project No. 13287-004 - 19 -
COMPREHENSIVE DEVELOPMENT
82. Sections 4(e) and 10(a)(1) of the FPA
42
require the Commission to give equal
consideration to power development purposes and to the purposes of energy
conservation; the protection, mitigation of damage to, and enhancement of fish and
wildlife; the protection of recreational opportunities; and the preservation of other aspects
of environmental quality. Any license issued shall be such as in the Commissions
judgment will be best adapted to a comprehensive plan for improving or developing a
waterway or waterways for all beneficial public uses. The decision to license this project,
and the terms and conditions included herein, reflect such consideration.
83. The EA for the project contains background information, analysis of effects, and
support for related license articles. Based on the record of this proceeding, including the
EA and the comments thereon, licensing the Cannonsville Project as described in this
order would not constitute a major federal action significantly affecting the quality of the
human environment. The project will be safe if operated and maintained in accordance
with the requirements of this license.
84. Based on an independent review and evaluation of the project, recommendations
from the resource agencies and other stakeholders, and the no-action alternative, as
documented in the EA, the proposed Cannonsville Project with staff-recommended
measures is selected and found to be best adapted to a comprehensive plan for improving
or developing the West Branch of the Delaware River.
85. This alternative was selected because: (1) issuing a license for the project will
serve to provide a beneficial and dependable source of electric energy; (2) the required
environmental measures will protect fish and wildlife resources, water quality, and
historic properties; and (3) the 14.08 MW of electric capacity comes from a renewable
resource that does not contribute to atmospheric pollution.
LICENSE TERM
86. Section 6 of the FPA
43
provides that original licenses for hydropower projects
shall be issued for a period not to exceed 50 years. The Commissions general policy is
to establish 30-year terms for projects with little or no redevelopment, new construction,
new capacity, or environmental mitigation and enhancement measures; 40-year terms for

42
16 U.S.C. 797(e) and 803(a)(1) (2012).
43
16 U.S.C. 799 (2012).
Project No. 13287-004 - 20 -
projects with a moderate amount of such activities; and 50-year terms for projects with
extensive measures.
44

87. This license requires an extensive amount of new construction, including: (1) a
12-foot-diameter steel pipe tapped with four individual wye connectors to convey flow to
individual steel penstocks; (2) a 168-foot-long by 54-foot-wide powerhouse with four
turbine-generator units; (3) an excavated tailrace; (4) a substation; and (5) approximately
1,800 feet of transmission lines. Consequently, a license term of 50 years for the
Cannonsville Project is appropriate.
The Director orders:
(A) This license is issued to the City of New York, for a period of 50 years,
effective the first day of the month in which this order is issued, to construct, operate and
maintain the Cannonsville Hydroelectric Project. This license is subject to the terms and
conditions of the Federal Power Act (FPA), which is incorporated by reference as part of
this license, and subject to the regulations the Commission issues under the provisions of
the FPA.
(B) The project consists of:
(1) All lands, to the extent of the licensee's interests in those lands, enclosed by the
project boundary shown by Exhibit G, filed February 29, 2012:
Exhibit G Drawing FERC No. 13287- Description
Sheet G-1 1 Project Boundary Map
(2) Project works consisting of: (a) an 175-foot-high zoned earthen embankment
dam with a 2,800-foot-long, 45-foot-wide crest with a crest elevation of 1,175.0 feet
mean sea level (msl); (b) the 4,670-acre Cannonsville Reservoir, with a usable storage
capacity of 296,840 acre-feet at an elevation of 1,150.0 feet msl; (c) an ungated
spillway
45
located on the north abutment, with a stone masonry side-channel spillway

44
See City of Danville, Virginia, 58 FERC 61,318 at 62,020 (1992).
45
The spillway consists of two sections. The section closest to the dam is 240 feet
Project No. 13287-004 - 21 -
having a total length of 800 feet; (d) a 1,280-foot-long, low-level steel outlet pipe
consisting of an intake structure that diverts water into a 17.5-foot-diameter concrete
conduit that reduces down to 11.9 feet in diameter that terminates at a stilling basin that
discharges into the river; (e) a wye connection from the outlet pipe to a 12-foot-diameter
steel pipe supplying the powerhouse; (f) a 168-foot-long by 54-foot-wide concrete
powerhouse housing four horizontal Francis turbine/generators; (g) two
turbine/generators rated at 1.185 megawatts (MW) and two turbine/generators rated 5.855
MW, for a total installed capacity of 14.08 MW; (h) a 1,350-foot-long, 12.47-kilovolt
(kV) line to a project step-up substation;
46
(i) a step-up transformer; (j) a new 460-foot-
long, 46-kV aerial line interconnecting with the New York State Electric & Gas
Corporation transmission system; and (k) appurtenant facilities.
The project works generally described above are more specifically shown
and described by those portions of Exhibits A and F shown below:
Exhibit A: The following sections of Exhibit A, filed on February 29, 2012, and
October 31, 2012:
Section 3, page 4, entitled "Description of Turbines/Generators," of the license
application filed February 29, 2012, and Additional Information Request No. 2: Results
of Analysis Regarding Transmission Line, filed October 31, 2012.
Exhibit F: The following Exhibit F drawings, filed May 1, 2012 (F-1 through F-13) in
response to Additional Information Request No. 1, and October 31, 2012 (Figure 2), in
response to Additional Information Request No. 2:
FERC No.
Exhibit F Drawing P-13287- Description
F-1 5 Existing Overview Plan
F-2 6 Existing Plan

F-3 7 Existing Embankment Sections
F-4 8 Existing Waste Channel Weir
F-5 9 Existing Waste Weir Typical

long with a crest elevation of 1,150.0 feet msl and the other section is 560 feet long with
a crest elevation of 1,158.1 msl.
46
The first 150 feet would be an underground line, and the remaining 1,200 feet an
aerial line.
Project No. 13287-004 - 22 -
Sections and Granite Details
F-6 10 Existing Waste Weir and Weir
Channel, Low Weir Sections
F-7 11 Existing Release Water Chamber
Plan and Sections
F-8 12 Existing Emergency Gate Tower,
General Arrangement Plan and
Sections
F-9 13 Proposed Overview Plan
F-10 14 Proposed Site Plan
F-11 15 Proposed Powerhouse Plan
F-12 16 Proposed Powerhouse Sections
F-13 17 Proposed Toe Drain Filters
Section
Figure 2 18 Electrical Site Plan
(3) All of the structures, fixtures, equipment or facilities used to operate or
maintain the project, all portable property that may be employed in connection with the
project, and all riparian or other rights that are necessary or appropriate in the operation
or maintenance of the project.
(C) The Exhibits A, F, and G described above are approved and made part of the
license.
(D) This license is subject to the conditions submitted by the New York
Department of Environmental Conservation under section 401(a)(1) of the Clean Water
Act, 33 U.S.C. 1341(a)(1) (2012), as those conditions are set forth in Appendix A to
this order.
(E) This license is also subject to the articles set forth in Form L-11 (October,
1975), entitled Terms and Conditions of License for Unconstructed Major Project
Affecting the Interests of Interstate or Foreign Commerce, (see 54 F.P.C. 1799 et seq.),
as reproduced at the end of this order, and the following additional articles:
Project No. 13287-004 - 23 -
Article 201. Annual Charges. The licensee shall pay the United States annual
charges, as determined in accordance with the provisions of the Commissions
regulations in effect from time to time, effective as of the date of commencement of
project operation, to reimburse the United States for the cost of administration of Part I of
the Federal Power Act. The authorized installed capacity for that purpose is
14.08 megawatts.
Article 202. Exhibit Drawings. Within 45 days of the date of issuance of the
license, the licensee shall file the approved exhibit drawings in aperture card and
electronic file formats.
(a) Three sets of the approved exhibit drawings shall be reproduced on silver or
gelatin 35 mm microfilm. All microfilm shall be mounted on type D (3-1/4" X 7-3/8")
aperture cards. Prior to microfilming, the FERC Project-Drawing Number (i.e., P-13287-
5 through P-13287-18) shall be shown in the margin below the title block of the approved
drawing. After mounting, the FERC Drawing Number shall be typed on the upper right
corner of each aperture card. Additionally, the Project Number, FERC Exhibit (i.e., F-1,
etc.), Drawing Title, and date of this license shall be typed on the upper left corner of
each aperture card.
Two of the sets of aperture cards shall be filed with the Secretary of the
Commission, ATTN: OEP/DHAC. The third set shall be filed with the Commissions
Division of Dam Safety and Inspections (D2SI) New York Regional Office.
(b) The licensee shall file two separate sets of exhibit drawings in electronic raster
format with the Secretary of the Commission, ATTN: OEP/DHAC. A third set shall be
filed with the Commissions D2SI New York Regional Office. Exhibit F drawings must
be separated from other project exhibits and identified as Critical Energy Infrastructure
Information (CEII) material under 18 C.F.R. 388.113(c) (2013). Each drawing must be
a separate electronic file, and the file name shall include: FERC Project-Drawing
Number, FERC Exhibit, Drawing Title, date of this license, and file extension in the
following format [P-13287-5, F-1, Existing Overview Plan, MM-DD-YYYY.TIF].
Electronic drawings shall meet the following format specification:
IMAGERY - black & white raster file
FILE TYPE Tagged Image File Format (TIFF), CCITT Group 4
RESOLUTION 300 dpi desired (200 dpi min)
DRAWING SIZE FORMAT 24 X 36 (min), 28 X 40 (max)
FILE SIZE less than 1 MB desired
Each Exhibit G drawing that includes the project boundary must contain a
minimum of three known reference points (i.e., latitude and longitude coordinates, or
state plane coordinates). The points must be arranged in a triangular format for GIS geo-
Project No. 13287-004 - 24 -
referencing the project boundary drawing to the polygon data, and must be based on a
standard map coordinate system. The spatial reference for the drawing (i.e., map
projection, map datum, and units of measurement) must be identified on the drawing and
each reference point must be labeled. In addition, each project boundary drawing must
be stamped by a registered land surveyor.
(c) The licensee shall file two separate sets of the project boundary data in a geo-
referenced electronic file format (such as ArcView shape files, GeoMedia files, MapInfo
files, or a similar GIS format) with the Secretary of the Commission, ATTN:
OEP/DHAC. The filing shall include both polygon data and all reference points shown
on the individual project boundary drawings. An electronic boundary polygon data
file(s) is required for each project development. Depending on the electronic file format,
the polygon and point data can be included in a single file with multiple layers. The geo-
referenced electronic boundary data file must be positionally accurate to 40 feet in order
to comply with National Map Accuracy Standards for maps at a 1:24,000 scale. The file
name(s) shall include: FERC Project Number, data description, date of this license, and
file extension in the following format [P-13287, boundary polygon/or point data, MM-
DD-YYYY.SHP]. The data must be accompanied by a separate text file describing the
spatial reference for the geo-referenced data: map projection used (i.e., UTM, State
Plane, Decimal Degrees, etc.), the map datum (i.e., North American 27, North American
83, etc.), and the units of measurement (i.e., feet, meters, miles, etc.). The text file name
shall include: FERC Project Number, data description, date of this license, and file
extension in the following format [P-13287, project boundary metadata, MM-DD-
YYYY.TXT].
Article 203. Headwater Benefits. If the licensees project is directly benefited by
the construction work of another licensee, a permittee, or of the United States on a
storage reservoir or other headwater improvement, the licensee shall reimburse the owner
of the headwater improvement for those benefits, at such time as they are assessed. The
benefits will be assessed in accordance with Subpart B of the Commissions regulations.
Article 204. Documentation of Project Financing. At least 90 days before
starting construction, the licensee shall file with the Commission, for approval, the
licensees documentation for the project financing. The documentation must show that
the licensee has acquired the funds, or commitment for funds, necessary to construct the
project in accordance with this license. The documentation must include, at a minimum,
financial statements, including a balance sheet, income statement, and a statement of
actual or estimated cash flows over the license term which provide evidence that the
licensee has sufficient assets, credit, and projected revenues to cover project construction,
operation, and maintenance expenses, and any other estimated project liabilities and
expenses.
Project No. 13287-004 - 25 -
The financial statements must be prepared in accordance with generally accepted
accounting principles and signed by an independent certified public accountant. The
licensee shall not commence project construction associated with the project before the
filing is approved.
Article 301. Start of Construction. The licensee shall commence construction of
the project works within two years from the issuance date of the license and shall
complete construction of the project within five years from the issuance date of the
license.
Article 302. Contract Plans and Specifications. At least 60 days prior to the start
of any construction, the licensee shall submit one copy of its plans and specifications and
supporting design document to the Commissions Division of Dam Safety and
Inspections (D2SI)-New York Regional Engineer, and two copies to the Commission
(one of these shall be to the Director, D2SI). The submittal to the D2SI-New York
Regional Engineer must also include as part of preconstruction requirements: a Quality
Control and Inspection Program, Temporary Construction Emergency Action Plan, and
Soil Erosion and Sediment Control Plan. The licensee may not begin construction until
the D2SI-New York Regional Engineer has reviewed and commented on the plans and
specifications, determined that all preconstruction requirements have been satisfied, and
authorized start of construction.
Article 303. Board of Consultants. The licensee shall retain a Board of
Consultants (BOC) 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 BOC members shall be submitted to the Director,
Division of Dam Safety and Inspections (D2SI) for approval, with a copy to the
Commissions D2SI-New York Regional Engineer.
Among other things, the BOC shall assess: (1) the geology of the project site and
surroundings; (2) the design, specifications, and construction of the penstock,
powerhouse, and electrical and mechanical equipment; (3) instrumentation; (4) the
construction quality control and construction program; and (5) construction procedures
and progress.
Prior to each BOC meeting, allowing sufficient time for review, the licensee shall
furnish the following items to the BOC: (1) a statement indicating the specific level of
review to be performed by the BOC; (2) an agenda; (3) a list of items for discussion;
(4) significant events in design and construction that have occurred since the last BOC
meeting; and (5) documentation showing details and analyses of design and construction
features to be discussed. At the same time, the licensee shall submit one copy of these
items to the D2SI-New York Regional Engineer and two copies to the Commission (one
of these copies shall be to the Director, D2SI).
Project No. 13287-004 - 26 -
Within 30 days after each BOC meeting, the licensee shall submit to the
Commission copies of the BOCs report and a statement of intent to comply with the
BOCs recommendations, or a statement identifying a plan to resolve the issue(s). The
BOCs review comments for each portion of the project shall be submitted prior to or
simultaneously with the submission of the final contract drawings, specifications, and
supporting design report.
The licensee shall also submit a final report of the BOC within one year of
completing construction. The final report shall contain a statement indicating the BOCs
satisfaction with the construction, safety, and adequacy of the projects structures.
Article 304. Cofferdam and Deep Excavation Construction Drawings. Should
construction require cofferdams or deep excavations, the licensee shall: (1) review and
approve the design of contractor-designed cofferdams and deep excavations prior to the
start of construction; and (2) shall ensure that construction of cofferdams and deep
excavations is consistent with the approved design. At least 30 days before starting
construction of any cofferdams or deep excavations, the licensee shall submit one copy to
the Commissions Division of Dam Safety and Inspections (D2SI)-New York Regional
Engineer and two copies to the Commission (one of these copies shall be to the
Commission's Director, D2SI), of the approved cofferdam and deep excavation
construction drawings and specifications, and the letters of approval.
Article 305. As-built Drawings. Within 90 days of completion of construction of
the facilities authorized by this license, the licensee shall file for Commission approval,
revised exhibits A, F, and G, as applicable, to describe and show those project facilities
as built. A copy shall be submitted to the Commissions Division of Dam Safety and
Inspections (D2SI)-New York Regional Engineer, the Director, D2SI, and the Director,
Division of Hydropower Administration and Compliance.
Article 306. Inspection by Independent Consultant. In accordance with Part 12,
Safety of Water Power Projects and Project Works, of the Commissions Regulations, 18
C.F.R. Part 12 (2013), the initial independent consultants inspection of the project must
be completed and the report on the inspection filed within two years of the issuance date
of the license.
Article 307. Owners Dam Safety Program. Within 90 days of the issuance date
of the license, the licensee shall submit to the Commissions Division of Dam Safety and
InspectionsNew York Regional Engineer, an Owners Dam Safety Program which at a
minimum shall demonstrate a clear acknowledgement of the dam owners responsibility
for the safety of the project, an outline of the roles and responsibilities of the dam safety
staff, and access of the dam safety official to the Chief Executive Officer. For guidance
on preparing an Owners Dam Safety Program the licensee should reference the
Project No. 13287-004 - 27 -
information posted on the FERC website.
Article 308. Public Safety Plan. Within 60 days from the issuance of this order,
the licensee shall submit one copy to the Commissions Division of Dam Safety and
Inspections (D2SI)-New York Regional Engineer and two copies to the Commission (one
of these copies shall be a courtesy copy to the Commissions Director, D2SI) of a Public
Safety Plan. The plan shall include an evaluation of public safety concerns at the project
site, including designated recreation areas, and assess the need for the installation of
safety devices or other safety measures. The submitted plan should include a description
of all public safety devices and signage, as well as a map showing the location of all
public safety measures. For guidance on preparing public safety plans the licensee can
review the Guidelines for Public Safety at Hydropower Projects on the FERC website.
Article 309. Project Modification Resulting From Environmental Requirements.
Any permanent or temporary modification which may affect the project works or
operations shall be coordinated with the Commissions Division Dam Safety and
Inspections (D2SI)-New York Regional Engineer at the beginning of the planning and
design phase. This includes those modifications resulting from license environmental
requirements. This schedule is to allow sufficient review time for the Commission to
insure that the proposed work does not adversely affect the project works, dam safety or
project operation.
Article 401. Commission Approval, Notification, and Filing of Amendments.
a) Requirement to File Plans for Commission Approval
Various conditions of this license found in the New York State Department of
Environmental Conservations (New York DEC) water quality certification
(Appendix A) require the licensee to: (1) prepare plans for approval by the New York
DEC and implement specific measures without prior Commission approval, or
(2) prepare and file plans for Commission approval, but do not specify a due date for
filing. Each such plan shall be submitted to the Commission for approval. These plans
are listed below.
New York DEC
Certification
Condition No.
Plan Name Date Due to Commission
C1
Stormwater Pollution
Prevention Plan, Best
Management Practices Plan
No less than 90 days prior to the
start of construction
Project No. 13287-004 - 28 -
New York DEC
Certification
Condition No.
Plan Name Date Due to Commission
CO3
Stream Flow and
Temperature Monitoring
Plan
No less than 90 days prior to
operation of the siphons
The licensee shall include with each plan filed with the Commission
documentation that the licensee developed the plan in consultation with the New York
DEC and the U.S. Fish and Wildlife Service (FWS) and has received approval from the
New York DEC and FWS, as appropriate. The Commission reserves the right to make
changes to any plan submitted. Upon Commission approval, the plan becomes a
requirement of the license, and the licensee shall implement the plan or changes in
project operations or facilities, including any changes required by the Commission.
(b) Requirement to Notify the Commission of Emergencies and Other Activities.
Certain conditions of the New York DECs water quality certification in
Appendix A require the licensee to notify the New York DEC of modifications to project
operation for emergencies or other activities and, when possible, receive New York DEC
approval prior to modifying project operation for such activities. The Commission shall
be notified prior to implementing such modifications, if possible, or in the event of an
emergency, as soon as possible but no later than 10 days after each such incident. The
conditions requiring notification are listed below.
New York DEC Certification
Condition No.
License requirement
CO1
Use of siphons: time-of-year restrictions
CO2
Use of siphons: water temperature restrictions
(c) Requirement to File Amendment Applications
Certain conditions in Appendix A by New York DEC contemplate unspecified
long-term changes to project operations or facilities, such as modifications to the
projects operational protocol (condition FO1) or implementation of measures to reduce
fish mortality (condition FSM2). These changes may not be implemented without prior
Commission authorization granted after the filing of an application to amend the license.
Project No. 13287-004 - 29 -
Article 402. Reservation of Authority to Prescribe Fishways. Authority is
reserved to the Commission to require the licensee to construct, operate, and maintain, or
to provide for the construction, operation, and maintenance of such fishways as may be
prescribed by the Secretary of the Interior pursuant to section 18 of the Federal Power
Act.
Article 403. Wetland Avoidance and Mitigation Plan. Within six months of
license issuance, the licensee shall file for Commission approval, a wetland avoidance
and mitigation plan. The purpose of this plan is to minimize the effects of project
construction on freshwater wetlands, including vernal pool habitat, within the project
boundary.
The wetland avoidance and mitigation plan shall include: (1) mapping of wetland
areas to be protected during construction of project facilities, including the spoil pile and
staging areas; (2) details on the types of visual signage and other barriers to be used to
protect wetlands; and (3) investigation and mapping of on-site mitigation opportunities
(e.g., restoration or enhancement of existing emergent wetlands adjacent to the tailrace
channel) to mitigate the loss of the 0.57-acre emergent wetland within the tailrace.
The plan shall be prepared after consultation with the U.S. Army Corps of
Engineers, the U.S. Fish and Wildlife Service, and New York Department of
Environmental Conservation. The licensee shall include with the plan documentation of
consultation, copies of comments and recommendations on the completed plan after it
has been prepared and provided to the agencies, and specific descriptions of how the
agencies comments are accommodated by the plan. The licensee shall allow a minimum
of 30 days for the agencies to comment and to make recommendations before filing the
plan with the Commission. If the licensee does not adopt a recommendation, the filing
shall include the licensees reasons, based on project-specific information.
The Commission reserves the right to require changes to the plan. Implementation
of the plan shall not begin until the licensee is notified by the Commission that the plan is
approved. Upon Commission approval, the licensee shall implement the plan, including
any changes required by the Commission.
Article 404. Avian Protection Plan. Within six months of license issuance, the
licensee shall file for Commission approval, an avian protection plan. The purpose of
this plan is to minimize the potential for collision- or electrocution-related bird mortality
due to contact with transmission lines or related structures.
The avian protection plan shall include: (1) provisions for the development and
implementation of site-specific measures and practices to reduce bird mortality, including
design of structures or line arrangement in accordance with the following raptor
protection guidelines: (a) Avian Protection Plan Guidelines: A Joint Document prepared
by the Edison Electric Institutes Avian Power Line Interaction Committee (APLIC) and
Project No. 13287-004 - 30 -
U.S. Fish and Wildlife Service; (b) APLICs Suggested Practices for Raptor Protection
on Power Lines: The State of the Art in 2006; and (c) APLICs Mitigating Bird Collisions
with Power Lines: The State of the Art in 2012, or the most current editions of these
documents; (2) provisions for training of the licensees staff to adequately identify and
document instances of avian mortality due to electrocution by or collision with the
projects electrical facilities; and (3) a framework for reporting avian mortality to the
relevant resource agencies.
The plan shall be prepared after consultation with the U.S. Fish and Wildlife
Service and New York Department of Environmental Conservation. The licensee shall
include with the plan documentation of consultation, copies of comments and
recommendations on the completed plan after it has been prepared and provided to the
agencies, and specific descriptions of how the agencies comments are accommodated by
the plan. The licensee shall allow a minimum of 30 days for the agencies to comment
and to make recommendations before filing the plan with the Commission. If the
licensee does not adopt a recommendation, the filing shall include the licensees reasons,
based on project-specific information.
Article 405. Bald Eagle Conservation Plan. Within six months of license
issuance, the licensee shall file for Commission approval, a bald eagle conservation plan.
The purpose of this plan is to minimize impacts to bald eagles within the project
boundary.
The bald eagle conservation plan shall include provisions for implementing
specific practices to monitor bald eagles and avoid bald eagle habitat during project
construction, operation, and maintenance, in accordance with the current edition of the
U.S. Fish and Wildlife Services National Bald Eagle Management Guidelines, and
address any additional requirements specified in New York DECs certification.
The plan shall be prepared after consultation with the U.S. Fish and Wildlife
Service and New York Department of Environmental Conservation. The licensee shall
include with the plan documentation of consultation, copies of comments and
recommendations on the completed plan after it has been prepared and provided to the
agencies, and specific descriptions of how the agencies comments are accommodated by
the plan. The licensee shall allow a minimum of 30 days for the agencies to comment
and to make recommendations before filing the plan with the Commission. If the
licensee does not adopt a recommendation, the filing shall include the licensees reasons,
based on project-specific information.
Project No. 13287-004 - 31 -
Article 406. Protection of Undiscovered Cultural Resources. If the licensee
discovers previously unidentified cultural resources during the course of constructing,
maintaining, or developing project works or other facilities at the project, the licensee
shall stop all land-clearing and land-disturbing activities in the vicinity of the resource
and consult with the SHPO to determine the need for any cultural resource studies or
measures. If no studies or measures are needed, the licensee shall file with the
Commission documentation of its consultation with the SHPO immediately.
If a discovered cultural resource is determined to be eligible for the National
Register of Historic Places (National Register), the licensee shall file for Commission
approval a historic properties management plan (HPMP) prepared by a qualified cultural
resource specialist after consultation with the New York SHPO. In developing the
HPMP, the licensee shall use the Advisory Council on Historic Preservation and the
Federal Energy Regulatory Commissions Guidelines for the Development of Historic
Properties Management Plans for FERC Hydroelectric Projects, dated May 20, 2002.
The HPMP shall include the following items: (1) a description of each discovered
property, indicating whether it is listed in or eligible to be listed in the National Register;
(2) a description of the potential effect on each discovered property; (3) proposed
measures for avoiding or mitigating adverse effects; (4) documentation of consultation;
and (5) a schedule for implementing mitigation and conducting additional studies. The
Commission reserves the right to require changes to the HPMP.
The licensee shall not resume land-clearing or land-disturbing activities in the
vicinity of a cultural resource discovered during construction, until informed by the
Commission that the requirements of this article have been fulfilled.
Article 407. Use and Occupancy. (a) In accordance with the provisions of this
article, the licensee shall have the authority to grant permission for certain types of use
and occupancy of project lands and waters and to convey certain interests in project lands
and waters for certain types of use and occupancy, without prior Commission approval.
The licensee may exercise the authority only if the proposed use and occupancy is
consistent with the purposes of protecting and enhancing the scenic, recreational, and
other environmental values of the project. For those purposes, the licensee shall also
have continuing responsibility to supervise and control the use and occupancies for which
it grants permission, and to monitor the use of, and ensure compliance with the covenants
of the instrument of conveyance for, any interests that it has conveyed, under this article.
If a permitted use and occupancy violates any condition of this article or any other
Project No. 13287-004 - 32 -
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, canceling the permission to use and occupy the project lands and waters and
requiring the removal of any non-complying structures and facilities.
(b) The type 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) non-commercial piers, landings, boat docks, or similar structures and
facilities that can accommodate no more than 10 water craft at a time and where said
facility is intended to serve single-family type dwellings; (3) embankments, bulkheads,
retaining walls, or similar structures for erosion control to protect the existing shoreline;
and (4) food plots and other wildlife enhancement. 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 facilities for access to project lands
or waters. The licensee shall also ensure, to the satisfaction of the Commission's
authorized representative, that the use and occupancies for which it grants permission are
maintained in good repair and comply with applicable state and local health and safety
requirements. Before granting permission for construction of bulkheads or retaining
walls, the licensee shall: (1) inspect the site of the proposed construction, (2) consider
whether the planting of vegetation or the use of riprap would be adequate to control
erosion at the site, and (3) determine that the proposed construction is needed and would
not change the basic contour of the impoundment 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 or
roads where 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 impoundment. 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
Project No. 13287-004 - 33 -
paragraph (c) during the prior calendar year, the type of interest conveyed, the location of
the lands subject to the conveyance, and the nature of the use for which the interest was
conveyed.
(d) The licensee may convey fee title to, easements or rights-of-way across, or
leases of project lands for: (1) construction of new bridges or roads for which all
necessary state and federal approvals have been obtained; (2) sewer or effluent lines that
discharge into project waters, for which all necessary federal and state water quality
certification or permits have been obtained; (3) other pipelines that cross project lands or
waters but do not discharge into project waters; (4) 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
public marinas that can accommodate no more than 10 water craft at a time and are
located at least one-half mile (measured over project waters) from any other private or
public marina; (6) recreational development consistent with an 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 project waters at normal 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 60 days before
conveying any interest in project lands under this paragraph (d), the licensee must file a
letter with the Commission, 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 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 Commission's authorized representative, within 45 days from the filing date,
requires the licensee to file an application for prior approval, the licensee may convey the
intended interest at the end of that period.
(e) The following additional conditions apply to any intended conveyance under
paragraph (c) or (d) of this article:
(1) Before conveying the interest, the licensee shall consult with federal and state
fish and wildlife or recreation agencies, as appropriate, and the State Historic
Preservation Officer.
(2) Before conveying the interest, the licensee shall determine that the proposed
use of the lands to be conveyed is not inconsistent with any approved report on
recreational resources of an Exhibit E; or, if the project does not have an approved report
on recreational resources, that the lands to be conveyed do not have recreational value.
(3) The instrument of conveyance must include the following covenants running
with the land: (i) the use of the lands conveyed shall not endanger health, create a
Project No. 13287-004 - 34 -
nuisance, or otherwise be incompatible with overall project recreational use; (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 environmental values of the project; and
(iii) the grantee shall not unduly restrict public access to project waters.
(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 projects 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 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 drawings would be filed for approval for other purposes.
(g) The authority granted to the licensee under this article shall not apply to any
part of the public lands and reservations of the United States included within the project
boundary.
(F) The licensee shall serve copies of any Commission filing required by this
order on any entity specified in the order to be consulted on matters relating to that filing.
Proof of service on these entities must accompany the filing with the Commission.
(G) This order constitutes final agency action. Any party may file a request for
rehearing of this order within 30 days from the date of its issuance, as provided in section
313(a) of the FPA, 16 U.S.C. 825l (2012), and section 385.713 of the Commissions
regulations, 18 C.F.R. 385.713 (2013). The filing of a request for rehearing does not
operate as a stay of the effective date of this license or of any other date specified in this
order. The licensees failure to file a request for rehearing shall constitute acceptance of
this order.
Jeff C. Wright
Director
Office of Energy Projects
Project No. 13287-004 35
APPENDIX A: CONDITIONS IMPOSED PURSUANT TO SECTION 401(A)(1)
OF THE CLEAN WATER ACT
New York State Department of Environmental Conservation
Water Quality Certification Conditions
DEC Permit Number: 4-1230-0089/00010
Effective Date: June 11, 2013
Modified: June 18, 2013
DESCRIPTION OF AUTHORIZED ACTIVITY:
The permittee is authorized to modify existing facilities and construct additional facilities
for operation which will generate electricity from current flow releases from the
Cannonsville Dam to the West Branch of the Delaware River. The facility will have four
turbines (two 5.850 MW, two 1.170 MW) for a total hydropower generation capacity of
14.04 megawatts. The current reservoir release operation through the Delaware River
Decree Party process Flexible Flow Management Plan-Operational Support (FFMPOST)
tool will be maintained. No changes to the flow releases are proposed following facility
construction or during project operation. A powerhouse is proposed to be constructed
adjacent to the existing low-level release works building to contain four turbine-generator
units. The electrical interconnection between the project and the New York State Electric
and Gas Corporation transmission system will be via a new aerial line. The existing Part
182 Threatened and Endangered Species Incidental Take permit is modified and
incorporated into this approval for protective measures for Bald Eagles. Additional
protective measures and plans will incorporated into this permit as the final facility plans
are completed.
Modification #1 to original permits issued 6/10/13: Changes to Special Condition FMS 1
and FMS 3 to reflect references to Special Conditions AP1. AP1An, and AP1B.
GENERAL CONDITIONS
1. Facility Inspection by the Department
The permitted site or facility, including relevant records, is subject to inspection at
reasonable hours and intervals by an authorized representative of the Department of
Environmental Conservation (the Department) to determine whether the permittee is
Project No. 13287-004 36
complying with this permit and the ECL. Such representative may order the work
suspended pursuant to ECL 71-0301 and SAPA 401(3).
The permittee shall provide a person to accompany the Department's
representative during an inspection to the permit area when requested by the Department.
A copy of this permit, including all referenced maps, drawings and special
conditions, must be available for inspection by the Department at all times at the project
site or facility. Failure to produce a copy of the permit upon request by a Department
representative is a violation of this permit.
2. Relationship of this Permit to Other Department Orders and Determinations
Unless expressly provided for by the Department, issuance of this permit does not
modify, supersede or rescind any order or determination previously issued by the
Department or any of the terms, conditions or requirements contained in such order or
determination.
3. Applications for Permit Renewals or Modifications
The permittee must submit a separate written application to the Department for
renewal, modification or transfer of this permit. Such application must include any forms
or supplemental information the Department requires. Any renewal, modification or
transfer granted by the Department must be in writing.
The permittee must submit a renewal application at least:
a) 180 days before expiration of permits for State Pollutant Discharge
Elimination System (SPDES), Hazardous Waste Management Facilities (HWMF), major
Air Pollution Control (APC) and Solid Waste Management Facilities (SWMF); and
b) 30 days before expiration of all other permit types.
Submission of applications for permit renewal or modification are to be submitted to:
NYSDEC Deputy Regional Permit Administrator, Region 4, Rte. 10, Stamford, NY
12167
4. Permit Modifications, Suspensions and Revocations by the Department
The Department reserves the right to modify, suspend or revoke this permit in
accordance with 6 NYCRR Part 621. The grounds for modification, suspension or
revocation include:
Project No. 13287-004 37
a) materially false or inaccurate statements in the permit application or
supporting papers;
b) failure by the permittee to comply with any terms or conditions of the
permit;
c) exceeding the scope of the project as described in the permit application;
d) newly discovered material information or a material change in
environmental conditions, relevant technology or applicable law or regulations
since the issuance of the existing permit;
e) noncompliance with previously issued permit conditions, orders of the
commissioner, any provisions of the Environmental Conservation Law or
regulations of the Department related to the permitted activity.
Additional General Conditions
FOR ARTICLES 15 (Title 5), 24, 25, 34, 36 and 6 NYCRR Part 608
1. If future operations by the State of New York require an alteration in the position
of the structure or work herein authorized, or if, in the opinion of the Department of
Environmental Conservation it shall cause unreasonable obstruction to the free navigation
of said waters or flood flows or endanger the health, safety or welfare of the people of the
State, or cause loss or destruction of the natural resources of the State, the owner may be
ordered by the Department to remove or alter the structural work, obstructions, or hazards
caused thereby without expense to the State, and if, upon the expiration or revocation of
this permit, the structure, fill, excavation, or other modification of the watercourse hereby
authorized shall not be completed, the owners, shall, without expense to the State, and to
such extent and in such time and manner as the Department of Environmental
Conservation may require, remove all or any portion of the uncompleted structure or fill
and restore to its former condition the navigable and flood capacity of the watercourse.
No claim shall be made against the State of New York on account of any such removal or
alteration.
2. The State of New York shall in no case be liable for any damage or injury to the
structure or work herein authorized which may be caused by or result from future
operations undertaken by the State for the conservation or improvement of navigation, or
for other purposes, and no claim or right to compensation shall accrue from any such
damage.
Project No. 13287-004 38
3. Granting of this permit does not relieve the applicant of the responsibility of
obtaining any other permission, consent or approval from the U.S. Army Corps of
Engineers, U.S. Coast Guard, New York State Office of General Services or local
government which may be required.
4. All necessary precautions shall be taken to preclude contamination of any wetland
or waterway by suspended solids, sediments, fuels, solvents, lubricants, epoxy coatings,
paints, wet or fresh concrete, leachate or any other environmentally deleterious materials
associated with the project.
5. Any material dredged in the conduct of the work herein permitted shall be
removed evenly, without leaving large refuse piles, ridges across the bed of a waterway
or floodplain or deep holes that may have a tendency to cause damage to navigable
channels or to the banks of a waterway.
6. There shall be no unreasonable interference with navigation by the work herein
authorized.
7. If upon the expiration or revocation of this permit, the project hereby authorized
has not been completed, the applicant shall, without expense to the State, and to such
extent and in such time and manner as the Department of Environmental Conservation
may require, remove all or any portion of the uncompleted structure or fill and restore the
site to its former condition. No claim shall be made against the State of New York on
account of any such removal or alteration.
8. If granted under 6NYCRR Part 608, the NYS Department of Environmental
Conservation hereby certifies that the subject project will not contravene effluent
limitations or other limitations or standards under Sections 301, 302, 303, 306 and 307 of
the Clean Water Act of 1977 (PL 95-217) provided that all of the conditions listed herein
are met.
Special Conditions
6NYCRR 608:
WATER QUALITY CERTIFICATION
APPROVED PLANS
AP1. Conformance With Plans. All work shall be done in strict conformance with the
approved documents and plans listed below in AP1.A and B and referenced in the Special
Permit Conditions. In the event of inconsistencies: 1) more recently dated documents
Project No. 13287-004 39
supersede earlier documents, 2) conditions in this permit supersede referenced
documents.
A. Application documents:
a. Cannonsville Hydroelectric Development Application for Section 401
Water Quality Certification received 6/11/2012 and all
attachments.
b. VOLUME 6 Appendix E-4: Impact of Hydropower Development
Construction Related Activities on Wildlife and Botanical
Resources, including Wetlands, Riparian, and Littoral Habitat,
and Rare, Threatened and Endangered Species.
c. Joint Application Form 6/4/2013 and cover letter dated 6/8/2012, stamped
received 6/11/2012, Attachment 1: Location Map of
Cannonsville Development and Attachment 2: Tax Map
Information.
d. VOLUME 2 Exhibits F-G PUBLIC VERSION.
e. VOLUME 1 Verification Statement Initial Statement Exhibits A E.
f. VOLUME 5 Appendix E-3: Fish Entrainment Report, Literature Based
Characterization of Resident Fish Entrainment and Mortality.
g. VOLUME 4 Appendix E-2: Impact of Construction-Related Activities on
Erosion.
h. VOLUME 7 Appendix E-5: Phase IA Archeological Literature Review and
Sensitivity Assessment.
i. Supplemental FERC Filing Letter May 1, 2012.
j. VOLUME 8 Appendix E-6: Impact of Construction-Related Activities and
New Construction on Aesthetics.
k. VOLUME 9 Appendix E-7: Socioeconomic Study Report.
l. VOLUME 10 Appendix E-8: USGS Report: A Decision Support
Framework for Water Management in the Upper Delaware
River.
Project No. 13287-004 40
m. VOLUME 11 Appendix E-9: Flow Management Plan during Construction.
n. Study Plan, Field Sampling to Evaluate Potential Fish Entrainment at
Cannonsville Reservoir Revision 1, dated May 2013.
o. VOLUME 2 Appendix F: Cannonsville Final License Application List of
Project Drawings
B. Agreement of the Parties to the 1954 U.S. Supreme Court Decree effective
June 1, 2013 (Flexible Flow Management Program-Operational Support Tool)
AP2. Final plans including but not limited to the Stormwater Pollution Prevention Plan
shall be submitted to the Department for prior review and approval no less than 90 days
prior to the scheduled start of work. Such review and approval may result in modification
of this permit and/or plans.
AP3. Any modification to these plans that will affect the indicated waterbody must be
approved by the Department prior to being undertaken. Work and ground or waterway
disturbance is strictly limited to the areas approved by this permit and shown on the
approved plans.
CONSTRUCTION REQUIREMENTS
C1. As described in Special Condition 1 above no less than 90 days prior to the start of
construction, the permittee must provide to the Department the plans and specifications
for the facilities, including a Stormwater Pollution Prevention Plan and Best
Management Practices for maintaining water quality during construction. All site work
including but not limited to constructing and maintaining all settling ponds/retention
basins, drainage ways, drainage and water control and erosion control shall be carried out
in strict accordance with the approved NYCDEP Stormwater Pollution Prevention Plan.
C2. The work area shall be isolated from the flowing stream by use of sandbags,
cofferdam, or piping or pumping around the work area. Waters accumulated in the
isolated work area shall be discharged to an upland settling basin, field or wooded area to
provide for settling and filtering of solids and sediments before water is returned to the
stream. Return waters must be as clear as the flowing water upstream from the work
area.
C3. No discharge of sediment or turbid waters to wetlands or water bodies is permitted.
In the case of stream work, the water below the work area shall remain as clear as the
flowing water above the work site.
Project No. 13287-004 41
C4. No wet or fresh concrete or leachate shall be allowed to escape into the waters of
New York State, nor shall washings from Redi-Mix trucks, mixers or other devices be
allowed to enter any wetland or waters.
C5. Equipment operation, other than for the construction of the cofferdam, in the water is
prohibited.
C6. Disturbance to the bed and banks of the stream shall be kept to the minimum
necessary to complete the project.
C7. Filter fabric barriers, silt fencing, or other methods to control erosion are to be used
on the downslope edge of any disturbed areas. These erosion/sediment controls are to be
put in place before any disturbance of the ground occurs and are to be maintained in good
working order until all disturbed land is heavily vegetated. Said structures must remain
"in place" in good working order throughout construction and shall remain until final
grading has been completed and final seeding has been established.
C8. Any excavated soil shall be suitably retained and covered so that there is no turbid
runoff discharged either directly or indirectly into any waterway or wetland.
C9. All unused, excavated materials and/or construction debris, shall be immediately
removed, upon completion of construction, a minimum of 100 feet from the waterbody or
wetland or flood plain.
C10. All areas of soil disturbance resulting from this project shall be shaped/graded, and
seeded with an appropriate perennial grass seed (free of other invasive species such as
purple loosestrife) and mulched within one week of final grading. Mulch shall be
maintained until a suitable vegetative cover is established.
C11. If seeding is impracticable due to the time of year, a temporary mulch (free of other
invasive species such as purple loosestrife) shall be applied and final seeding shall be
performed at the earliest opportunity when weather conditions favor germination and
growth after project completion.
C12. Notice of Intent to Commence Work. The Permittee shall notify the Department 3
to 5 days prior to the commencement of work on the project, either by e-mail to the
Regional Permit Administrator at r4stamforddep@gw.dec.state.ny.us , or by letter to the:
NYSDEC, Deputy Regional Permit Administrator, 65561 State Highway 10, Stamford,
NY 12167. The notification shall contain the following information: 1) Permittee Name;
2) DEC Permit #; 3) Town and County; 4) Permit Effective Date; 5) Permit Expiration
Date and 6) Work Commencement Date.
Project No. 13287-004 42
OPERATIONAL REQUIREMENTS-SIPHONS
CO1. Use of siphons will be limited to October 1 to May 15 of any year this permit is in
effect and a water discharge temperature of 60 degrees or colder shall be maintained
during use. If use of siphons is required after May 15 or prior to October 1, the permittee
shall notify NYSDEC no less than 30 days prior to use. Notification shall contain a
detailed description of the methods that will be used to insure a discharge temperature of
60 degrees is maintained. Warmer temperature is allowed but only up to the ambient
temperature at the intake for the Cannonsville Reservoir outlet and only if NYSDEC after
review of the proposed methods notifies NYCDEP of their acceptance prior to use.
CO2. The discharge temperature of the siphons shall be 60 degrees Fahrenheit or colder.
If conditions cause the permittee to operate the siphons when the water column
temperature is above 60 degrees Fahrenheit, the permittee shall provide written
notification to NYSDEC at least 30 days prior to siphon operation. Notification shall
include a detailed description of methods proposed to be employed to insure the
discharge water from the siphons is as close to 60 degrees as the reservoir allows.
Warmer temperature is allowed but only up to the ambient temperature at the intake for
the Cannonsville Reservoir outlet and only if NYSDEC, after review of the proposed
methods, notifies the permittee of their acceptance prior to use.
CO3. The permittee must meet all flow and water quality requirements set forth in this
permit, the approved plans, applicable orders and regulations. The permittee shall
develop and submit a stream flow and temperature monitoring plan for Department
review and approval no less than 90 days prior to operation of the siphons.
FACILITY OPERATION REQUIREMENTS
FO1. Releases from the reservoir shall be governed by the document entitled
Agreement of the Parties to the 1954 U.S. Supreme Court Decree effective June 1,
2013 (Flexible Flow Management Program-Operational Support Tool). Each successor
agreement as modified and approved by the Decree Parties shall be submitted to the
Department by the Permittee for modification of this permit to incorporate by reference
said successor agreement.
FISH STUDIES AND MITIGATION:
FSM1. Any changes proposed to the WQC application as listed in Special Condition
AP1 in operating parameters and or the FFMP-OST in Special Condition AP1.B shall be
submitted to the Department and as applicable to the other Decree Party members, no less
Project No. 13287-004 43
than 90 days prior to proposed implementation. At minimum the permittee will need to
provide documentation to address any potential impacts such as fish mortality
unanticipated by the studies in Special Condition AP1An and the need for mitigation to
reduce or compensate for such unanticipated fish mortality.
FSM2. If the results of the City of New York Cannonsville Hydroelectric Project study
entitled Study Plan, Field Sampling to Evaluate Potential Fish Entrainment at
Cannonsville Reservoir Revision 1, dated May 2013, reveals fish congregation at
the intake and concurrent observation of fish mortality downstream of the dam during the
sampling period not anticipated in the study, then NYCDEP will consult with NYSDEC
on the design of a study to determine incremental turbine entrainment over and above
existing non-turbine conditions. The Department reserves the right to require mitigation
measures to reduce and/or compensate for such fish mortality incrementally due to the
turbine operation, if necessary.
FSM3. Once construction is complete and under operating conditions of the hydro
facility, if fish mortality which is unanticipated based upon the studies in Special
Condition AP1.A.n, is observed downstream of the outlet, the Department reserves the
right to require additional studies and if necessary mitigation measures to reduce such
fish mortality.
THREATENED/ENDANGERED SPECIES REQUIREMENTS
T/E1. The permittee shall follow the conditions contained in the NYCDEP Cannonsville
Part 182 Threatened and Endangered Species taking permit 4-1230-00089/00011.
T/E2. Prior to construction, the permittee is required to submit for Department review
and approval, the final plans for electrical facilities incorporating any necessary avian
protection measures as part of a Part 182 permit modification.
T/E3. No construction activity is permitted within 330 feet of a Bald Eagle Nest site
between January 1 and July 31
st
unless the Department determines in writing that
breeding activity for the year has ceased.
T/E4. The project shall be carried out in strict accordance with the plans and documents
prepared by the permittee as fully described above in the Species Conservation and
Implementation Plans prepared by the permittee.
T/E5. Work within 660 feet of a nest tree shall be limited as follows unless the
Department determines in writing that breeding activity for the year has ceased:
Project No. 13287-004 44
a. No work prior to June 1 of any calendar year or at least 3 weeks after hatching
whichever is later.
b. All other work within 660 feet of the nest is limited to August 1
st
to December
31
st
.
T/E6. During the term of this permit, if any dead, injured or damaged NYS listed
threatened or endangered species are discovered by the permittee, or their designated
agents, the permittee shall immediately contact the regional NYSDEC Wildlife Manager
to arrange for recovery and transfer of the specimen(s). The permittee shall record:
species, the date the animal was discovered, the location of discovery, the name(s) of any
person(s) involved with the mortality/injury, and, if known, an explanation of how the
mortality/injury occurred. This record shall be kept with the container holding the
specimen and given to the Department at the time of transfer.
T/E7. This permit is required as the Department has determined that the project proposed
by NYCDEP may result in an incidental "take" or "taking" of the Bald Eagle, which is
listed as a threatened species pursuant to Environmental Conservation Law Section 11-
0535 and 6 NYCRR Part 182. The Department has determined that operations authorized
under this permit may result in the loss of productivity of pair of nesting bald eagles
through temporary disturbance and nearby habitat modification if the breeding activity at
the nest is successful. This loss will be offset through compliance with all minimization
and avoidance measures identified in the conditions of this permit and the mitigation
provided through the implementation of the eagle habitat protection, research and
monitoring outlined in the Eagle Conservation and Implementation Plans identified in
conditions resulting in a net conservation benefit to the threatened species. These
conditions can be waived on an annual basis if the Department determines each year that
breeding activity at the nests have ceased.
FORM L-11
(October 1975)
FEDERAL ENERGY REGULATORY COMMISSION
TERMS AND CONDITIONS OF LICENSE FOR UNCONSTRUCTED
MAJOR PROJECT AFFECTING THE INTERESTS
OF INTERSTATE OR FOREIGN COMMERCE
Article 1. The entire project, as described in this order of the Commission, 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 change shall have been approved by the
Commission: Provided, however, That if the Licensee or the Commission deems 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 the proposed changes which, upon approval by the Commission, shall become a
part of the license and shall supersede, in whole or in part, such exhibit or exhibit
theretofore made a part of the license as may be specified by the Commission.
Article 3. The project works shall be constructed in substantial conformity with
the approved exhibits referred to in Article 2 herein or as changed in accordance 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 prior approval of the
Commission any substantial alteration or addition not in conformity with the approved
plans to any dam or other project works under the license or any substantial 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 Commission may
direct. 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 cost, in an adverse environmental impact,
or in impairment of the general scheme of development; but any of such minor changes
made without the prior approval of the Commission, which in its judgment have
produced or will produce any of such results, shall be subject to such alteration as the
Commission may direct.
Upon the completion of the project, or at such other time as the Commission may
direct, the Licensee shall submit to the Commission for approval revised exhibits insofar
as necessary to show any divergence from or variations in 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 or in
Docket No. - 2 -
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 maintenance of the project and any
work incidental to additions or alterations shall be subject to the inspection and
supervision of the Regional Engineer, Federal Energy Regulatory 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
him a detailed program of inspection by the Licensee that will provide for an adequate
and qualified inspection force for construction of the project and for any subsequent
alterations to the project. Construction of the project works or any features 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 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
applicability as the Commission may prescribe from time to time for the protection of
life, health, or property.
Article 5. The Licensee, within five years from the date of issuance of the license,
shall acquire title in fee or the right to use in perpetuity all lands, other than lands of the
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, retain the possession of all project property covered by the license as issued or as
later amended, including the project area, the project works, and all franchises,
easements, water rights, 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 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 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 replacements thereof when they become obsolete, inadequate, or inefficient for
Docket No. - 3 -
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 the meaning of
this article.
Article 6. In the event the project is taken over by the United States upon the
termination of the license as provided in Section 14 of the Federal Power Act, or is
transferred to a new licensee or to a nonpower 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 in 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 intended 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.
Article 7. The actual legitimate original cost of the project, 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 8. The Licensee shall install and thereafter maintain gages and
streamgaging stations for the purpose of determining the state 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 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 the method of operation thereof, shall at all times be satisfactory
to the Commission or its authorized representative. The Commission reserves the right,
after notice and opportunity for hearing, to require such alterations in the number,
character and locations 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 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 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 Commission, and shall
make return of such records annually at such time and in such form as the Commission
may prescribe.
Docket No. - 4 -
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 and opportunity for hearing,
coordinate the operation of the project, electrically and hydraulically, with such other
projects or power systems and in such manner as the Commission 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 the construction work
of another licensee, a permittee, 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 improvement 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 affect the 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 Commission 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 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 supply
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
Docket No. - 5 -
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 maintenance of the project works, the Licensee
shall place and maintain suitable structures and devices to reduce to a reasonable degree
the liability of contact between its transmission lines and telegraph, telephone and other
signal wires or power transmission 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 and devices to
reduce to a reasonable degree 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 development 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 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 opportunity for hearing.
Article 16. Whenever the United States shall desire, 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 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 wildlife 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, maintenance, and operation of such reasonable recreational facilities,
including modifications thereto, such as access roads, wharves, launching ramps,
Docket No. - 6 -
beaches, picnic and camping areas, sanitary facilities, and utilities, giving consideration
to the needs of the physically handicapped, and shall comply with such reasonable
modifications of the project, as may be prescribed hereafter 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 18. So far as is consistent with proper operation of the 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.
Article 19. In the construction, maintenance, or operation of the project, the
Licensee shall be responsible for, 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, may
order the Licensee 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 State and Federal
agencies and, within one year of the date of issuance of this license, shall submit for
Commission approval a plan for clearing the reservoir 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. In 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 representative of the Commission and in accordance with appropriate Federal,
State, and local statues and regulations.
Article 21. If the Licensee shall cause or suffer essential project 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 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 and
power lines within the project boundary and to take any such other action necessary to
Docket No. - 7 -
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
operation and maintenance of nonpower 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 intent of
the Licensee to surrender the license.
Article 22. 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 to the then existing laws and regulations, or an annual license under the
terms and conditions of this license.
Article 23. The terms and conditions expressly set forth in the license shall not be
construed as impairing any terms and conditions of the Federal Power Act which are not
expressly set forth herein.
Document Content(s)
P-13287-004Order.DOC..................................................1-51

FERC Order Issuing License For DEP's Cannonsville Hydropower Project

Uploaded by

Document Information

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

FERC Order Issuing License For DEP's Cannonsville Hydropower Project

Uploaded by

Copyright:

Available Formats

147 FERC 62,113

UNITED STATES OF AMERICA

You might also like