FERC Issues Order Modifying and Approving Recreation Plan Pursuant To Article 405 Re Grand River Dam Authority Under P-2183
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Project No. 2183-079
ORDER MODIFYING AND APPROVING RECREATION PLAN PURSUANT TO ARTICLE 405
(
1. On
2. The 108-megawatt project consists of the
ARTICLE 405 REQUIREMENTS
3. Article 405 requires the licensee to file, within 12 months of license issuance, a recreation plan for the
(a) operation and maintenance by the licensee of the project facilities noted in the Commission's
(b) as-built drawings of the facilities in item (a), above, with the project boundary clearly indicated as enclosing the facilities;
(c) an inventory of existing recreation facilities and recreational use at the project including: (i) a description of all (public and private) formal and informal recreation facilities that provide access to project land and water; (ii) a map showing the recreation facilities identified in item (i) in relation to the project boundary; and (iii) a description of the number and type of recreational amenities at each site, the site capacity and identification of the owner and the entity responsible for operation and maintenance;
(d) an assessment of the current condition and capacity of public recreation facilities (state, city or GRDA-provided) at the project compared to current demand;
(e) an assessment of anticipated future recreation trends and needs and a description of any areas set aside at that project for potential future recreational access;
(f) an evaluation of any conflicts associated with recreational use at the project, such as crowding or competing uses;
(g) an implementation plan with specific measures the licensee will provide to improve recreational access and opportunities and reduce use conflicts based on identified needs consistent with the shoreline management plan (SMP) being developed pursuant to article 406;
(h) provisions for making information on project recreation facilities and opportunities available to the public; and
(i) provisions for reviewing and updating the recreation plan. 4. Article 405 requires that GRDA prepare the recreation plan after consultation with the
PROPOSED RECREATION PLAN
5. GRDA's proposed recreation plan states that GRDA's ability to manage recreation at the project is limited by the amount of land it owns and its regulatory authority. The proposed recreation plan states that GRDA's regulatory authority is limited in regards to development of recreation facilities and shoreline management. The proposed recreation plan lists the ODWC,
6. While the proposed recreation plan states that GRDA does not operate or manage any recreation facility, and that GRDA expects the OTRD or a public or private operator or a recreational facility to meet the Mode III levels of maintenance described in the
1. Directional and identification signs should be provided for recreation facilities;
2. Trash containers should be provided and policed for removal;
3. The grounds should be mowed during the spring and summer months, and activity use areas should be mowed weekly during the summer;
4. Restrooms should be clean and adequately stocked;
5. Warning signs should be posted for any hazards within the recreation facility;
6. If privately owned, liability insurance must be maintained, naming GRDA as an additional insured; and
7. Overnight camping areas should be lighted.
8. The proposed recreation plan lists existing recreation facilities and recreational use at the project. These sites include state and municipal parks (Snowdale and
9. GRDA's FERC Form 80 for the 2008 reporting year (filed with the Commission on
- develop appropriate access areas in various regions of the reservoir;
- preclude development of certain facility types;
- promote use of some regions of the reservoir for certain activities through education materials and outreach;
- monitor use of the reservoir;
- establish no-wake zones in some areas to discourage inappropriate uses; and
- promote more efficient patrolling of water-based recreation during the summer by targeting high use zones.
10. In general, the hydrologic features of
11. The proposed recreation plan provides for monitoring the effects of recreation use every six years in conjunction with planned updates to the SMP. Monitoring would include: water quality in coves where recreational boating use is heavy, boat density by activity over time to identify changing use patterns, available facilities and public access, the location and cause of boat accidents, the number of annual fishing tournaments and the number of boats participating, the number of annual regattas and the number of boats participating, and boater opinions and preferences. Results of the monitoring would be tracked and evaluated against the established standards determined by the SMP. Current management strategies would be modified to address changing resource conditions or discrepancies between desired and existing conditions. Strategies identified by the
AGENCY CONSULTATION
12. Article 405 requires that the recreation plan be prepared after consultation with the USFWS, Corps, ODWC, and OTRD. On
13. On
DISCUSSION
14. Recreation at licensed hydropower projects may include both Commission approved (project) recreation facilities and other publically available recreation. Project recreation facilities are specified in and/or required by the project license, an approved recreation plan or recreation plan amendment, or any other requirements that address the provision of recreation at the project. Project recreation facilities are in the project boundary, and the licensee is ultimately responsible for their operation and maintenance. Other recreation facilities may be provided by federal, state, and municipal and/or county agencies, and/or non-project uses at the project. This distinction is important since the licensee is ultimately responsible for the operation and maintenance of all project recreation facilities. GRDA's project recreation facilities include the boating access sites at the dam and in the tailwater area, the tailrace fishing area, the boating access area just south of the
Operation and Maintenance (project recreation facilities)
15. Commission staff noted numerous inconsistencies between the recreation plan, the SMP, the
As-built Drawings
16. The as-built drawings do not show sufficient detail, nor do the drawings in the proposed recreation plan include the boating access at
17. GRDA should file as-built site plan drawings of the boat access sites at the dam, in the tailwater, just south of the
18. The plan includes a map that shows the location of existing public and private non-project recreation facilities and boating access sites relative to
19. It is the Commission's policy with respect to recreational development at licensed projects to "seek, within its authority, the ultimate development of [recreational] resources, consistent with the needs of the area to the extent that such development is not inconsistent with the primary purpose of the project." To this end, the Commission requires licensees to make reasonable expenditures to develop and maintain suitable recreation facilities and to provide for adequate public access to project facilities and waters. While governmental agencies and private interests may operate recreation facilities, should additional recreational access be warranted at the project in the future, the licensee is ultimately responsible for providing, and operating and maintaining, project recreational facilities at the project.
20. GRDA assessed the carrying capacity of the lake to determine the recreational experience, and if the facilities at
21. The proposed recreation plan states that monitoring activities are scheduled to occur every six years to coincide with planned updates to the SMP. Monitoring would include: water quality in coves where recreational boating use is heavy, boat density by activity over time to identify changing use patterns, available facilities and public access, the location and cause of boat accidents, the number of annual fishing tournaments and the number of boats participating, the number of annual regattas and the number of boats participating, and boater opinions and preferences.
22. Commission staff recommends that GRDA monitor project recreation facilities to determine whether public recreational needs are being accommodated by the facilities, and where additional efforts could be made to meet future needs, but believes Form 80 data collection and GRDA's carrying capacity assessment are adequate at this time. The FERC Form 80, explained below, includes capacity information.
Review and Updates
23. The proposed recreation plan states that it discusses opportunities for improving public access to the lake, and provides a means by which to acknowledge, address, manage, and plan for changing management techniques and social characteristics of the lake. Commission staff review of the proposed plan did not identify any discussion of opportunities to improve public access, nor did it identify a discussion of responding to changing management techniques and social characteristics. The recreation plan supplemental report should address opportunities for improving public access to the lake, and the process for responding to changing management techniques and social characteristics.
24. Consistent with the requirements of article 405, GRDA should file a recreation plan update in conjunction with the FERC Form 80 every six years. The recreation plan update should address, minimally, current use of the existing recreation facilities, projected future needs, and proposed new recreation facilities or improvements. The update should be prepared in consultation with the resource agencies. The licensee should include with the recreation plan update documentation of consultation, copies of comments and recommendations on the completed update after it has been prepared and provided to the agencies, and specific descriptions of how the agencies' comments are accommodated in the update. The licensee should allow a minimum of 30 days for the agencies to comment and to make recommendations prior to filing the update with the Commission. If the licensee does not adopt a recommendation, the filing should include the licensee's reasons based on project-specific information. The Commission reserves the right to require changes to the recreation plan update.
Public Notification of Recreation Opportunities
25. The plan does not include provisions for making information on project recreation facilities and opportunities available to the public. The recreation plan supplemental report should detail how GRDA will make information on project recreation facilities and opportunities available to the public.
Geographic Location Point Data
26. In order to accurately include permanent project recreation facilities in the Commission's geographic database for the project, the licensee will be required to complete a "Commission Approved Recreation Amenities" table (found in Appendix A of this order).
CONCLUSION
27. GRDA's proposed recreation plan includes sufficient information to be approved, but does not fulfill the requirements of article 405. As discussed above, GRDA should file a recreation plan supplemental report, for Commission approval, that provides the following information:
- the formal name, and any colloquial names, of the boat access sites at the dam, in the tailwater, just south of the
- any areas set aside for future recreation access;
- opportunities for improving public access to the lake, and the process for responding to changing management techniques and social characteristics; and
- how GRDA will make information on project recreation facilities and opportunities available to the public.
28. The resource agencies should be allowed a minimum of 30 days to review and comment on the recreation plan supplemental report before filing the report with the Commission for approval. The recreation plan supplemental report should be filed with the Commission no later than six months from the issuance of this order. The final recreation plan supplemental report should include copies of the resource agencies' comments, if any, and the licensee's response to those comments. If the licensee does not adopt a recommendation from the resource agencies, the filing should include the licensee's reasons based on project specific information.
29. The proposed recreation plan, with the above described information, would comply with the requirements of article 405, and provide a resource to manage and plan for future recreation needs.
30. The following table lists Commission approved project recreation facilities at the project: Table 1: Commission Approved Project Recreation Facilities at the
Click here to view table: http://elibrary.ferc.gov/idmws/common/opennat.asp?fileID=13640361
31. A table is provided in Appendix A which identifies all Commission approved recreation amenities for the project. The licensee should accurately reflect these approved amenities in future filings of the Form 80. The location of the Commission approved recreation amenities will be monitored as part of our oversight of the project. Therefore, ordering paragraph (D) requires the licensee to review the Commission approved recreation amenities table, enter any missing information, and file an electronic version of the completed table. Should the licensee determine that any of the information contained in the table requires clarification and/or the licensee needs to add additional information to the table, the licensee must revise the table and file it with the Commission. The Director orders:
(A)
(B) No later than six months from the issuance date of this order,
(C) No later than six months from the issuance date of this order,
(1) Individual details of operation and maintenance responsibilities for the sites listed above, and clarification of the inconsistencies between the recreation plan and the SMP regarding which public boat ramps GRDA provides. These details should include the formal name, and any colloquial names, of the sites, as well as the condition and capacity of the sites.
(2) A description of any areas within the project boundary set aside for potential future recreational access.
(3) Details of
(4) Copies of agencies' comments on the report, and licensee responses to the comments.
(D) Within 45 days of the issuance of this order, the licensee must review the attribute table in Appendix A of this order, and file a revised table filling in any information (i.e., location point data, date of this order, etc.). The table must be filed electronically in one of the following file formats: .xls, .csv, or .dbf. The licensee may also include any revisions to the table, if necessary.
(E)
(F) 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. section 825l (2012), and the Commission's regulations at 18 C.F.R. section 385.713 (2014). The filing of a request for rehearing does not operate as a stay of the effective date of this order, or of any other date specified in this order. The licensee's failure to file a request for rehearing shall constitute acceptance of this order.
Chief, Land Resources Branch
Instructions for completing the Recreation Amenities Table:
1. Within 45 days of the issuance of this order, you must file location point data and a completed attribute table that is representative of the specific Commission approved recreation amenities described in the recreation plan. The location point must be positionally accurate to comply with National Map Accuracy Standards for maps at a 1:24,000 scale. The location points must include latitude/longitude, in decimal degrees, based on the horizontal reference datum of the North American Datum of 1983 (NAD 83). The below attribute table must be completed and filed with the Commission.
2. Provide latitude and longitude points for both portage put-in and take-out locations and all required interpretive displays (including signage). A separate line item, including location point data and FERC Citation, for each interpretive display is required.
3. Fill in the order citation and date approving the amenity where needed. The citation and order date will refer to the license order, an order approving the recreation plan, or an order amending or updating the recreation plan.
Commission Approved Recreation Amenities at
(FERC No. 2183)
Click here to view table: http://elibrary.ferc.gov/idmws/common/opennat.asp?fileID=13640361
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