peabody trout creek reservoir project proposed study …€¦ · peabody trout creek reservoir...

Peabody Trout Creek Reservoir Project

Proposed Study Plan Meeting

February 12 and 13, 2013

David Merritt, URS Corporation

Project website:

http://peabodytroutcreekreservoir.com/

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http://www.peabodytroutcreekreservoir.co

m/

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http://www.peabodytroutcreekreservoir.com/



Brian Yansen, Peabody Trout Creek

Reservoir LLC (PTCR)

Trout Creek Reservoir Offers Long-Term Benefits Creates 390-acre lake with

enhanced wildlife habitat

Provides long-term supply of water for Peabody’s future Colorado mining activities

Includes micro hydroelectric power plant producing electricity to upload to GRI

Potential lakeside residential development with fishing and boating opportunities

5

FERC Pre-Application Document (PAD) submitted in August 2012

Public and Agency Scoping Meetings and Site Visit held in Steamboat Springs, CO on October 24 and 25, 2012

Application for Preliminary Permit filed on November 30, 2012

Proposed Study Plan submitted on January 18, 2013

8

Environmental studies and baseline analysis under way

Surveying and field assessments continuing

Engineering for preliminary dam classification and facility layout

Analysis of electrical transmission lines and relationship to proposed site layouts

9

Shana Murray, Federal Energy Regulatory

Commission

10

1 year 2-3 years

1.5 years

Pre

filing

Post

filing

Initial

Proposal &

Information

Document

Scoping

Meetings &

Public

Comment

Study Plan

Development

Conduct

Studies &

Prepare

Application

Application:

Proposal,

Effects &

Mitigation

Measures

FERC Review

& Public

Comment

FERC

Environmental

Document &

Public

Comment

FERC

Authorization

(License Order)

11

1 year 2-3 years

Pre

filing Initial

Proposal &

Information

Document

Scoping

Meetings &

Public

Comment

Study Plan

Development

Conduct

Studies &

Prepare

Application

12

Study Requests

Proposed Study Plan

Study Plan Meetings

Revised Study Plan

OEP Director’s Study Plan Determination

45 days

90 days

30 days

30 days

13

Lesley McWhirter and Steve Moore,

USACE’s Colorado West Regulatory Branch

14

Please define and clarify the basic or fundamental need for this Project.

Discuss the rationale for processing an Environmental Impact Statement (EIS).

Discuss the timeline and processing of a USACE Department of the Army permit application.

15

An Alternative Analysis will be critical to your Project and needs to be discussed early in the planning process. [Note: Our 404(b)(l) guidelines require that we examine other sites and methods for meeting Project need that may have less impact on the aquatic environment. An alternative analysis must be prepared for each separate Project need (if multiple needs are appropriate) and thoroughly evaluated to select the LEDPA.]

How will water from the proposed reservoir be delivered to various coal mining operations? The conveyance of this water (surface waterways, pipelines, etc.) should be included in the Project description and evaluation, and may increase the Project scope.

16

What is the proposed end-use for the electrical power generated by the hydropower station, and how and to where will that power be distributed?

It appears that both the State of Colorado and the Bureau of Land Management administer real estate which will be directly impacted by the proposed Project. Please describe the involvement of these agencies and their anticipated role in the licensing/permitting process.

17

We understand that a revised wetland delineation for the Project area will be submitted to us for verification in the summer of 2013, possibly in August. This delineation should incorporate a FACWet analysis as well as the previous recommendations made by Mr. Nathan Green of our office.

We request that your wetland consultant coordinate with us to

schedule a site visit once this new delineation report is finalized and the wetland boundaries flagged in accordance with the Minimum Standards and the Final Map and Drawing Standards for the South Pacific Division Regulatory Program. As discussed in the past, you also need to be aware that alternative Project sites may require jurisdictional delineations to fully analyze each alternative's potential aquatic impacts (again, for alternative analysis comparison).

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David Merritt, URS Corporation Geotechnical Investigation

Existing Channel Conditions and Sediment Supply Study

Channel Morphology

Review and Analysis of the Results from Groundwater Monitoring

Wells

Hydrology and Stream Flow Assessment

Cumulative Hydrologic Effects Analysis of the Proposed Trout Creek

Reservoir and Related Diversions on Flows in the Yampa River

Ongoing Temperature and Dissolved Oxygen Monitoring of Trout

Creek

Hydrology Assessment and Reservoir Operations Model

19

Flow/Habitat Effects Evaluation on Existing Fishery Resources

in Trout Creek and the Yampa River

Fish Species and Longitudinal Habitat Utilization Study

Fish Entrainment Study

Whirling Disease Study

Migratory Bird and Raptor Survey

Downstream Riparian, Wetlands, and Littoral Habitat Study

Wetland Delineation for Entire Project

Noxious Weed Survey

Transportation System Assessment

Recreation Study

Class III (Intensive Pedestrian) Cultural Resources Survey

20

Brian Len/Hal Schlicht, Northwest

Colorado Consultants, Inc. (NWCC)

21

Geologic Literature Search Existing Geologic Mapping

Existing Geologic Studies

Seismic History

Subsurface Mining History

Field Investigation Field Reconnaissance – Identify

unstable (US) and potentially unstable (PUS) areas for subsurface investigation

Subsurface Investigation – Exploratory test holes (4-6” diameter) using standard geotechnical methodology (i.e. continuous flight augers, hollow stem augers, NX wireline coring and standard penetration testing [SPT])

Dam Site, Spillway, and Borrow Areas Evaluate need based on existing

data (NWCC 2012)

Provide additional test holes as needed based on final alignments and plans

Unstable and Potentially Unstable Areas – Drill in areas identified during field reconnaissance and literature search

Bedrock Coring at Dam Site Rock Quality Designation (RQD)

Evaluation to evaluate bedrock competency

Packer testing to evaluate bedrock permeability

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Surficial Geologic Map (USGS)

Geologic Hazard Map

Laboratory Investigation Standard Index Properties

• Natural Moisture Content

• Natural In-Situ Density

• Atterberg Limits

Strength Testing • Unconfined Compressive

Strength

• TriAxial Shear Strength

• Direct Shear Strength

Permeability Testing • Remolded Samples

• Undisturbed Samples

Corrosion Testing • pH Analysis

• Sulfate Analysis

• Chloride Analysis

• Resistivity

Compaction Testing • Standard Proctor

• Modified Proctor

• Relative Density

Consolidation Testing • Time Consolidation

• Swell/Consolidation

Pin Hole Dispersion Testing

24

Engineering Slope Stability Analysis – At

areas of concern in US and PUS Areas

Geotechnical Analysis – For Dam, Spillway, and Other Structures

• Settlement Evaluation of the dam embankment materials

• Seepage Evaluation of dam, reservoir and abutments

• Slope Stability Evaluation of dam embankment and spillway slopes

Mitigation Measures • Seismic

• Slope Stability – Rock Buttressing

– Soil Nails and Anchors

26

Troy Thompson, Ecological Resource

Consultants, Inc. (ERC)

27

Coarse Level

Stream

Classification

Historic Aerial

Photo

Interpretation

Sediment Sources

Published

Information on

Sediment Supply

Dam Impacts

28

Troy Thompson, Ecological Resource


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Cross-Section and Longitude Surveys

Provides channel geometry for modeling

Include channel, water surface, and flood

prone areas

Multiple sections downstream of dam; single

sections elsewhere

Flow Measurements

Calibrate hydraulic modeling

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Substrate Assessment (Pebble Counts)

Bulk Sediment Sampling

Bedload Sampling

Range of flows including peak runoff

Use limited field data to validate/verify

range of published information

31

Bedload Modeling

Change in Transport

Capacity

Supply vs. Transport

Limitations

Phase 2 Transport

Frequency

Effective Discharge

32

Time Integrated

Modeling

Stream response

below dam

Magnitude and

likely time frame

for downcutting

33

Clint Henke, ERO Resources Corporation

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Purpose of Study

To determine if supportive wetland hydrology

is present for previously irrigated wetlands

within the Peabody Trout Creek Reservoir

Study Area

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Background

Irrigation removed from site in 2010

Wetlands delineated in 2011

36 groundwater wells with automated

dataloggers installed in October 2011

Data downloaded in May and October

2012

36

Analysis and Interpretation

Currently, data from October 2011 to October 2012 is being analyzed

Analysis will show depth of groundwater from ground surface over time

Study follows the Corps’ Technical Standard for Water-Table Monitoring of Potential Wetland Sites

Groundwater monitoring could continue for an additional year, if needed

38

Wetland hydrology is considered to be

present if:

The site is inundated (flooded or ponded) or

the water table is ≤12 inches below the soil

surface for ≥14 consecutive days during the

growing season at a minimum frequency of 5

years in 10

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After multiple years of monitoring, wetland hydrology can be evaluated by applying the following procedures:

1. For each year, determine the maximum number of consecutive days that the site was either inundated or the water table was ≤12 inches from the ground surface during the growing season. Wetland hydrology occurs in a given year if the number of consecutive days of inundation or shallow water table was ≥14 days.

2. The Technical Standard for Wetland Hydrology is met if wetland hydrology occurs in at least 50 percent of years.

40

Heather Thompson, Ecological Resource


41

Due to the lack of published USGS stream gage

records for Trout Creek, an approach was

developed by TZA to estimate virgin flows in

Trout Creek based on the Elk River at Clark gage.

To verify this approach, flow measurements will

be collected at the proposed reservoir site for

one year.

Flow measurements will be used to verify the TZA

methodology accurately predicts flows in Trout

Creek.

42

The Colorado Decision Support System (CDSS) Yampa River

Model is a water allocation model used to simulate stream

flows, reservoir operations, and water supply availability.

The model extends downstream to the confluence with the

Yampa River and Green River.

The Yampa River Model incorporates the TZA methodology to

estimate virgin flows in Trout Creek.

The Yampa River Model will be revised if necessary to

incorporate changes to the TZA methodology based on the

evaluation of measured flows.

The Yampa River Model will be used to estimate the effects

on stream flows in Trout Creek and the Yampa River due to

operations of the proposed reservoir.

43

The Yampa River Model will be converted from

a monthly time step model to a daily time step.

The Yampa River Model will be used to simulate

operations of the proposed Project and

estimate daily stream flows downstream of the

Project in Trout Creek and the Yampa River.

Simulated pre- and post-Project stream flows

will be analyzed to determine Project-related

depletions.

44

Model output will be used to quantify flow

reductions at locations on Trout Creek and the

Yampa River.

Pre- and post-Project stream flow duration

curves and tables showing percentage flow

reductions will be generated for various

locations on Trout Creek and the Yampa River.

Pre- and post-Project simulated stream flows

will be used to inform other flow-dependent

studies and analyses.

45

0.0

2.0

4.0

6.0

8.0

10.0

12.0

14.0

0 10 20 30 40 50 60 70 80 90 100

Av

era

ge

Mo

nth

ly F

low

(C

FS

)

PERCENT EXCEEDANCE

EXAMPLE FIGURE JANUARY FLOW DURATION CURVE INFLOW TO TROUT CREEK RESERVOIR

YAMPA RIVER MODEL OUTPUT (1949 - 2005)

46

Heather Thompson, Ecological Resource


47

The Yampa River Model will be used to analyze the proposed Project and determine the effects on flows in the Yampa River and consistency with the Endangered Species Act recovery program.

Pre- and post-Project simulated stream flows will be evaluated in relation to targets that have been set for summer base flows and spring peak flows for fish species in the Yampa River.

The Yampa River model can be used to assess how the cumulative depletion of flows may impact aquatic habitat for the four federally listed endangered fish species.

48

The CWCB is responsible for conducting an

assessment of the cumulative depletions in the

Yampa River Basin every five years.

An assessment for the period 2005-2010 is

currently in process by CWCB.

The CDSS Model will be updated to include new

projects that have been identified and

consulted on.

49


Peabody / Twentymile Mine

Stream flow monitoring gage will be installed

in Trout Creek at the County Road

Streamflow and Temperature Data will be

logged on a 15-minute basis and downloaded

weekly

Dissolved oxygen will be monitored weekly

50


Work will be conducted by Twenty Mile

Environmental Staff, as they have collected

data over the last 15 years

51

Parameters to be collected monthly

TEMPERATURE FIELD DEGREES C

CONDUCTIVITY FIELD UMHOS/CM

LAB UMHOS/CM

PH FIELD PH

LAB PH

SOLIDS SUSPENDED MG/L

TOTAL-DISS MG/L

CALCIUM DISSOLVED MG/L

MAGNESIUM DISSOLVED MG/L

SODIUM DISSOLVED MG/L

SAR NOT APPLICABLE UNDEFINED

BICARBONATE AS HCO3 MG/L

CARBONATE AS CO3 MG/L

SULFATE NOT APPLICABLE MG/L

CADMIUM TOTAL RECOV UG/L

MERCURY TOTAL RECOV UG/L

SELENIUM TOTAL RECOV UG/L

SILVER TOTAL RECOV UG/L

ZINC TOTAL RECOV UG/L

IRON TOTAL RECOV UG/L

MANGANESE TOTAL RECOV UG/L

MOLYBDENUM TOTAL RECOV UG/L

NITROGEN AMMIA-FREE MG/L

NITRATE MG/L

NITRITE MG/L

NO3+NO2 MG/L

PHOSPHATE ORTHO-DISS MG/L

52

(AKA Hydrology Assessment and Reservoir

Operations Model)

Jean Marie Boyer, PhD, PE and Taylor

Adams, Hydros Consulting Inc.

53

Impoundment of Water and Change to Seasonal Flow Patterns Change to seasonal flow patterns downstream

Reservoir likely to stratify • Water temperatures downstream

• Dissolved oxygen downstream

Relevant Management Variables Selective withdrawal

Release rates and timing

Proposed Approach 1. Collect additional data in 2013

2. Develop and apply models to simulate water quality response

54

WQ Parameters: • TOC, DOC, BOD

• TSS

• TKN, NO3, NH4

• TP and PO4

• Field Parameters

(pH, DO, Sp. Cond., Temp.)

Soil Samples

Flow Gages X

Proposed

Reservoir

Middle

Creek

Continuous

Temperature

Gages

WQ Monitoring

(Weekly Grabs)

Cross Sections

N

2D Dynamic Reservoir Model

1D Dynamic Stream Model

Hourly/Long./Vert.

• Stratification

• Dissolved Oxygen

• Temperature

• Selective

Withdrawal

Hourly/Long.

• Dissolved Oxygen

• Temperature

Heat Balance Calc. at

Confluence w/ Yampa

Hourly

• Temperature

PTCR

Trout Creek

56

57

Construct

Reservoir

Model

Construct

Trout

Creek

Model

6/2014 4/2014 2/2014 12/2013 10/2013 8/2013 6/2013 4/2013

Data Collection

Calibrate

Models to

2013 Data

Model

Runs

Final

Report

Data Analysis and Workup

Bathy

Data X-

Sections

WQ and

Flow Data Input on

Simulations

1. Nutrients - concern about effects on nutrient concentrations Propose Including Nutrients in Reservoir and Trout

Creek Models • External loading

• Internal loading

• Nutrient dynamics

Required Data Collection • Upstream nutrient sampling already proposed

• Add three WQ sites below reservoir site

• Add one WQ site on Yampa (u/s of Trout Creek)

Uncertainty • No observed data to match in-reservoir

Schedule and Budget Impacts

58

2. Water Quality Effects on Yampa to Green River – concern

about effects of reduced flow rates on temperature…

2006 M&E Listing on Yampa for Temperature (Oak Creek to

Elkhead Creek)

• Questionable data in this reach

59

Avg. % Change in Flow on

Yampa below Trout Creek

Avg. % Change in Flow on

Yampa below Sage Coal Diversion

Modeling Option

• Steady-state model of Yampa River from Trout

Creek to Elkhead Creek

• Additional temperature and flow gages in 2013

• Schedule and budget impacts

60

Don Conklin, GEI Consultants, Inc.

61

Effects Evaluation for “Aquatic Resources” for Project Fish populations and habitat and migration

Macroinvertebrate populations and habitat

Invasive and non-native species

Threatened and Endangered species

Others?

Spatial Scope Trout Creek upstream and

downstream of reservoir

Middle Creek

Yampa River downstream to Green River?

62

Incorporate Other, Interrelated Team Resources

Hydrology and Stream Flow

Cumulative Hydrology Effects

Water Quality, especially Temperature and DO

Channel Morphology

Reservoir Operations Model

Fishery Management Plan

Downstream Riparian, Wetlands,

and Littoral Habitat

Recreation

63

Data Collection-New PHABSIM high flow data

Refine PHABSIM modeling

Other proposed aquatic studies (see subsequent slides)

• Species and Longitudinal Study

• Entrainment Study

• Whirling Disease

Existing Information Fish and Macroinvertebrates

• Contact agencies

64

Effects Evaluation

Incorporate information from other resources

Incorporate information from

other aquatic studies

PHABSIM fish habitat

modeling

Assessment of key hydrologic

variables

65


66

Refine Species Composition and Longitudinal Use

Downstream of the Reservoir Site

GEI data collection in 2011 and 2012 near reservoir site

May be seasonal use by other species downstream of reservoir

Any potential migration through reservoir site

Species in Yampa River may spawn in Trout Creek

67

Supplemental Data Collection

Sample fish at three sites between reservoir site and Yampa River

Qualitative electrofishing to maximize area and chance of finding

uncommon species

Seasonal sampling to capture fish

movements

• Sucker species and rainbow trout spawn in

spring

• Whitefish and brown trout spawn in fall

• Others?

Sample spring, summer, fall

Coordinate timing of sampling with agencies

Use information for effects evaluation and mitigation

68


69

Assess fish entrainment by reservoir intake

and outlet structures

Effects to reservoir fishery

Effects to downstream fishery • Source for non-native species to be maintained in Trout

Creek

• Recreationally important species

(trout?)

• Less desirable non-native

species (white suckers)

70

Identify fish that will be maintained in reservoir

Fishery Management Plan

Reservoir modeling (especially temperature)

Assess swimming speed

Literature search for target species

Compare to design specifications

for reservoir structures

Assess effects to reservoir and

stream fishery

71


72

Establish baseline conditions

Whirling disease is already present in Trout Creek

Document current level of infection near reservoir site

2-hosts for parasite, trout and Tubifex worms

Rainbow trout most sensitive to infection

Evaluate effects of reservoir

Reservoir and Trout Creek

may provide habitat for worms

Sedimentation could increase

habitat for worms

73

Data collection - sample fish and worms

Collect trout, preferably rainbow trout, for testing

Sample near reservoir site

• Few trout here in 2001, 2012

• May have to move upstream-

landowner access required

Test for current level of

infection

Sample worms

• Test for current level of infection

• Test for genetic lineage

74

Evaluation of Effects

Assess current infection conditions

Assess current habitat for worms (sedimentation)

Evaluate effects of Project

May have implications for

reservoir management

• Sediment in reservoir and

Trout Creek

• Fish species in reservoir

• Downstream effects to fishery in

Trout Creek

75

12:30 p.m. to 1:30 p.m.

76


77

Migratory Bird Treaty Act (MBTA) Protects migratory birds, eggs, and nests

Does not prohibit destruction of non-active nests (i.e., nests remaining after breeding and migration has ended for the season)

Nest destruction that results in the unpermitted take of migratory birds or their eggs is illegal and fully prosecutable

Take – defined as “to actively or attempt to pursue, hunt, shoot, wound, kill, trap, capture, or collect”

78

To determine location of existing active

raptor nests that could be affected by

reservoir construction or operation

To determine breeding migratory bird

activity

To assess potential effects on migratory

birds, including raptors

80

Sensitive bird species known to occur on

the Project site or with potential habitat: Greater sandhill crane (observed on site)

Bald eagle (observed on site)

Brewer’s sparrow (Project site contains suitable

nesting habitat)

Colombia sharp-tailed grouse - According to CPW,

Project site is within overall range for Colombia

Sharp-tailed grouse and there are four known leks

(male mating display areas) in close proximity

81

Methods Raptor Surveys

Conduct initial site visit in early spring to locate any existing

raptor nests prior to trees leafing out

Conduct second survey in late spring to determine nest activity

in previously identified nests and identify any new nests

Surveys will be conducted using a combination of binoculars,

spotting scopes, mirror poles, and playback calls as needed

Active nests will be mapped on aerial photography

A survey report with recommendations will be prepared

82

Methods Migratory Bird Surveys

Conduct surveys in early June and mid-July to identify breeding

bird activity in all habitats in the study area

Surveys will be consistent with Colorado Bird Breeding Atlas

(COBBA) methods

Biologists will record the presence and activity of all birds

observed on the COBBA II field card using the COBBA II habitat,

activity, and abundance codes

A survey report will be prepared

83

Other sensitive species known to occur

on the Project site

Northern leopard frog (observed)

River otter (observed)

Effects will be assessed based on

habitat loss

84


85

Purpose of Study To map wetland and riparian habitat on Trout Creek

downstream of the proposed dam to qualitatively

assess indirect impacts from changes in hydrology

86

Methods

Map wetland and riparian vegetation on Trout Creek from the proposed dam to the confluence with the Yampa River using aerial photo interpretation

Ground-truth mapping from public roads and lands

Assess indirect impacts using changes in stream stage and flooding frequency from Project hydrology modeling

87


88

Wetland Definition

Those areas that are inundated or saturated by

surface or groundwater at a frequency and duration

sufficient to support, and that under normal

circumstances do support, a prevalence of

vegetation typically adapted for life in saturated

soil conditions. Wetlands generally include swamps,

marshes, bogs, and similar areas (33 CFR 328.3 (b)).

Wetlands must have indicators for hydrophytic

vegetation, hydric soils, and wetland hydrology to

meet the Corps’ definition of a wetland

89

Background

2011 - Wetlands delineated within 2011 study

area according to Corps guidelines; two areas

excluded because of lack of access

2013 – Wetland study area expanded to match

cultural resources area of potential effects

(APE) for direct effects

93

Methods

Delineate wetlands in expanded study area

following Corps’ guidelines

Review mapping with Corps’ representative

Assess Project impacts using revised mapping

and GIS analysis

95

Future Activities

Adjust wetland mapping based on results of

groundwater monitoring

Request approval of revised mapping from the

Corps

Assess impacts using revised mapping for final

Project wetland impacts

96

Peabody / Twentymile Mine

This survey will be conducted by the

Twentymile Mine Permitting and

Environmental Support Group according to

Routt County weed control standards

Twentymile Mine has been doing this for the

life of the mine and will continue to do

noxious weed control in the future

97

John Hausman, URS Corporation

98

County Roads (CRs)

27, 33 and 179

99

Assessment of Existing Roadway

Structures

CRs 27, 33, and 179

Identify any special design requirements

to support Project construction and

operation

Address spring/fall unpaved roadway

conditions

100

Existing Traffic

Counts/Volumes

CRs 27, 33, and 179

Construction Assessment

Operations Assessment

Master Plan and recreation

traffic forecast

Traffic control and

intersection improvements

101

Second Year Effort

Up to one mile of unpaved

roadway relocation

Identify roadways impacted

Determine necessary right-

of-way requirements

Design roadway alignments

102

Kevin Young, Young Energy Services (YES)

103

Document existing recreational uses and

opportunities in the region and Project

area

Present effects of Project existence and

operations on recreational activity in the

Project area

104

105

YAMPA RIVER STATE PARK DESIGNATED PUBLIC ACCESS SITES

FLAT TOPS WILDERNESS AREA

SARVIS CREEK WILDERNESS AREA

MT. ZIRKEL WILDERNESS AREA

Recreation Study: Map of Project Region

TROUT CREEK

PROJECT SITE

Existing information will be gathered about

important recreation areas near the Project

Steamboat State Park

Stagecoach State Park

Yampa River State Park

Medicine-Bow Routt National Forest

Information will include use and

opportunities for recreational activities such

as boating, fishing, camping, and hunting

106

Recreational Use/Opportunities

Downstream

Trout Creek

Along the Yampa River

Within Yampa River State Park

Steamboat Springs downriver to the

confluence with the Green River

107

There are three wilderness areas near the Project that provide recreational opportunities:

Sarvis Creek Wilderness Area (south of Steamboat Springs)

Mount Zirkel Wilderness Area (north of Steamboat Springs)

Flat Tops Wilderness Area (southwest of Steamboat Springs)

Available information will be gathered on the use of these areas for: backpacking, camping, horseback riding, fishing, cross-country skiing, and hunting opportunities for visitors

108

Within the Project area, current

recreational use is limited due to the

large amount of privately owned land

Current recreational use consists

primarily of fishing along Trout Creek and

Middle Creek, with other water

recreation as permitted by private

landowners in the local creeks (ERO 2012)

109

Information about the potential future

recreation use (e.g., demand) will be

estimated by summarizing current use

and applying national or regional

recreation trend information (e.g., the

National Survey on Recreation and the Environment;

The Outdoor Industry Association Survey On Human-

Powered Outdoor Activities; and SCORPs)

110

The Recreation Study will assess to what degree proposed development and operation of the Project will affect the availability and quality of the recreation activities on Trout Creek and in the surrounding area

Provide input to the recreational and shoreline management plans that will subsequently be developed

111

These plans will include a list of potential

management measures (actions) and a

description of how they might change

recreation opportunities and quality

Management plans will be included in the

draft license application addressing costs,

implementation constraints, and effects of

creating new opportunities, and discuss

trade-offs

112

Gordon Tucker, URS Corporation

113

National Historic Preservation Act (NHPA)of 1966, as amended 2006 (16 U.S.C. 470 et seq.)

Section 106 of NHPA: “The head of any Federal agency having direct or indirect jurisdiction over a proposed Federal or federally assisted undertaking in any State and the head of any Federal department or independent agency having authority to license any undertaking shall, prior to the approval of the expenditure of any Federal funds on the undertaking or prior to the issuance of any license, as the case may be, take into account the effect of the undertaking on any district, site, building, structure, or object that is included in or eligible for inclusion in the National Register [of Historic Places]. The head of any such Federal agency shall afford the Advisory Council on Historic Preservation established under Title II of this Act a reasonable opportunity to comment with regard to such undertaking.”

114

Key elements of the Section 106 process:

Identify the participants

Involve the public

Consult

Document

Implementing regulations found at 36 CFR

800

115

Step 1 – Initiate Section 106 Process Establish undertaking

Identify appropriate SHPO/THPO

Plan to involve the public

Identify other consulting parties

Step 2 - Identify Historic Properties Determine scope of efforts

• Determine and document the area of potential effects (APE)

• Review existing information about historic properties

• Seek information from parties likely to have knowledge of or concerns about the

area

• Gather information from Indian tribes about properties to which they attach

religious and cultural significance, while remaining sensitive to any concerns

they may have about the confidentiality of this information

Identify historic properties (“reasonable and good faith effort”)

Evaluate historic significance – apply NRHP criteria

116

Step 3 – Assess Adverse Effects Apply criteria of adverse effects

• Adverse effects occur when an undertaking may directly or indirectly

alter characteristics of a historic property that qualify it for inclusion

in the NRHP

• Reasonably foreseeable effects caused by the undertaking that may

occur later in time, be farther removed in distance, or be cumulative

also need to be considered

Possible outcomes: • “No historic properties adversely affected”

• “Historic properties adversely affected”

Step 4 – Resolve Adverse Effects Develop Memorandum of Agreement (MOA)

Execute MOA with agency, SHPO/THPO, and other consulting parties

Filing of MOA concludes the Section 106 process

117


121

Shana Murray, FERC

122

Thank you for your

participation in the

Integrated Licensing Process

Peabody Trout Creek

Reservoir Project!

123

peabody trout creek reservoir project proposed study …€¦ · peabody trout creek reservoir...

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