VOLUME I

PRE-APPLICATION DOCUMENT

HACKETT MILLS HYDROELECTRIC PROJECT FERC PROJECT NO. 6398

Prepared for:

Hackett Mills Hydro Associates, LLC Minot, Maine A subsidiary of Eagle Creek Renewable Energy

Prepared by:

Pittsfield, Maine www.KleinschmidtGroup.com

August 2019

PRE-APPLICATION DOCUMENT

HACKETT MILLS HYDROELECTRIC PROJECT FERC PROJECT NO. 6398

Prepared for:

Hackett Mills Hydro Associates, LLC Minot, Maine

A subsidiary of Eagle Creek Renewable Energy

Prepared by:

Pittsfield, Maine www.KleinschmidtGroup.com

August 2019

PRE-APPLICATION DOCUMENT

HACKETT MILLS HYDROELECTRIC PROJECT FERC PROJECT NO. 6398

TABLE OF CONTENTS

1.0 INTRODUCTION ...... 1-1 1.1 AGENTS FOR HACKETT MILLS HYDRO ASSOCIATES, LLC ...... 1-4 1.2 PAD CONTENT ...... 1-4 1.3 REFERENCES ...... 1-5

2.0 PLANS, SCHEDULE, AND PROTOCOLS ...... 2-1 2.1 PROCESS PLAN AND SCHEDULE THROUGH FILLING OF LICENSE APPLICATION ...... 2-1 2.2 JOINT AGENCY MEETING AND SITE VISIT ...... 2-1 2.3 PROPOSED COMMUNICATIONS PROTOCOLS ...... 2-2 2.4 PARTIES TO THE RELICENSING ...... 2-2 2.4.1 GENERAL COMMUNICATIONS ...... 2-2 2.4.2 TELEPHONE ...... 2-3 2.4.3 ELECTRONIC COMMUNICATIONS ...... 2-3 2.4.4 MEETINGS ...... 2-3 2.4.5 DOCUMENTS AND DISTRIBUTION ...... 2-4 2.4.6 STUDY REQUESTS ...... 2-5

3.0 PROJECT LOCATION, FACILITIES, AND OPERATIONS ...... 3-1 3.1 EXISTING PROJECT FACILITIES ...... 3-1 3.1.1 PROJECT STRUCTURES ...... 3-1 3.1.2 PROJECT RESERVOIR ...... 3-3 3.1.3 DAM...... 3-4 3.1.4 POWERHOUSE ...... 3-6 3.1.5 CANAL ...... 3-6 3.1.6 FISH PASSAGE ...... 3-6 3.1.7 TRANSMISSION FACILITIES ...... 3-7 3.1.8 PROPOSED PROJECT FACILITIES ...... 3-7 3.1.9 PROJECT BOUNDARY ...... 3-7 3.1.10 EXISTING OPERATIONS ...... 3-9 3.1.11 NORMAL OPERATIONS ...... 3-9 3.1.12 LOW WATER OPERATIONS ...... 3-10 3.1.13 HIGH WATER OPERATIONS ...... 3-10 3.1.14 PROPOSED PROJECT OPERATIONS ...... 3-10 3.1.15 OTHER PROJECT INFORMATION...... 3-11 3.1.16 COMPLIANCE HISTORY OF THE PROJECT ...... 3-12 3.1.17 SAFETY PROCEDURES ...... 3-12 3.1.18 SUMMARY OF PROJECT GENERATION ...... 3-15 3.1.19 CURRENT NET INVESTMENT ...... 3-15 3.1.20 DEPENDABLE CAPACITY...... 3-15

AUGUST 2019 - i - TABLE OF CONTENTS (CONT’D) 4.0 DESCRIPTION OF EXISTING ENVIRONMENT AND RESOURCE IMPACTS ...... 4-1 4.1 GENERAL DESCRIPTION OF THE RIVER BASIN ...... 4-1 4.1.1 OVERVIEW ...... 4-1 4.1.2 MAJOR LAND USES ...... 4-2 4.1.3 MAJOR WATER USES ...... 4-3 4.1.4 PROJECT RESERVOIR AND STORAGE ...... 4-4 4.1.5 PROJECT DRAINAGE BASINS’ TRIBUTARY STREAMS...... 4-4 4.1.6 CLIMATE ...... 4-4 4.1.7 REFERENCES ...... 4-5 4.2 GEOLOGY AND SOILS ...... 4-7 4.2.1 EXISTING GEOLOGICAL FEATURES ...... 4-7 4.2.2 BEDROCK GEOLOGY ...... 4-9 4.2.3 SOILS ...... 4-11 4.2.4 (USDAD) ...... 4-14 4.2.5 RESERVOIR SHORELINE AND STREAMBANK CONDITIONS ...... 4-14 4.2.6 EROSION ...... 4-15 4.2.7 REFERENCES ...... 4-15 4.3 WATER RESOURCES ...... 4-17 4.3.1 DRAINAGE AREA ...... 4-17 4.3.2 STREAMFLOW, GAGE DATA, AND FLOW STATISTICS ...... 4-17 4.3.3 EXISTING AND PROPOSED USES OF WATER...... 4-18 4.3.4 EXISTING INSTREAM FLOW USES ...... 4-18 4.3.5 EXISTING WATER RIGHTS ...... 4-19 4.3.6 RESERVOIR CHARACTERISTICS ...... 4-19 4.3.7 GRADIENT OF DOWNSTREAM REACHES ...... 4-19 4.3.8 FEDERALLY-APPROVED WATER QUALITY STANDARDS ...... 4-19 4.3.9 BASELINE WATER QUALITY MONITORING ...... 4-20 4.3.10 REFERENCES ...... 4-22 4.4 FISH AND AQUATIC RESOURCES ...... 4-24 4.4.1 FISH SPECIES AND HABITATS ...... 4-24 4.4.2 EXISTING FISH PASSAGE MEASURES...... 4-26 4.4.3 RESIDENT FISH...... 4-26 4.4.4 AQUATIC HABITAT ...... 4-27 4.4.5 CRITICAL HABITAT ...... 4-29 4.4.6 ESSENTIAL FISH HABITAT ...... 4-29 4.4.7 BENTHIC MACROINVERTEBRATES ...... 4-29 4.4.8 AMPHIBIAN AND AQUATIC REPTILE SPECIES ...... 4-30 4.4.9 REFERENCES ...... 4-31 4.5 CULTURAL RESOURCES ...... 4-33 4.5.1 HISTORY OF THE PROJECT VICINITY ...... 4-33 4.5.2 IDENTIFICATION OF HISTORIC AND ARCHEOLOGICAL SITES IN THE PROJECT VICINITY ...... 4-34 4.5.3 PRIOR CULTURAL RESOURCE INVESTIGATIONS ...... 4-34 4.5.4 TRIBAL RESOURCES ...... 4-35 4.5.5 REFERENCES ...... 4-35 4.6 UPLAND WILDLIFE AND BOTANICAL RESOURCES ...... 4-36 4.6.1 WILDLIFE HABITATS IN THE PROJECT AREA AND VICINITY ...... 4-36 4.6.2 WILDLIFE RESOURCES IN THE PROJECT AREA AND VICINITY ...... 4-37

AUGUST 2019 - ii - TABLE OF CONTENTS (CONT’D)

4.6.3 TEMPORAL AND SPATIAL DISTRIBUTION OF WILDLIFE SPECIES...... 4-37 4.6.4 INVASIVE WILDLIFE SPECIES ...... 4-38 4.6.5 INVASIVE PLANTS AND WEEDS ...... 4-38 4.6.6 REFERENCES ...... 4-39 4.7 WETLAND, RIPARIAN, AND LITTORAL HABITAT ...... 4-41 4.7.1 FLOODPLAIN AND WETLAND SPECIES AND HABITATS OF THE PROJECT AREA AND VICINITY ...... 4-41 4.7.2 RIPARIAN AND LITTORAL SPECIES AND HABITATS OF THE PROJECT AREA AND VICINITY ...... 4-43 4.7.3 REFERENCES ...... 4-43 4.8 RARE, THREATENED, AND ENDANGERED SPECIES ...... 4-45 4.8.1 FEDERALLY LISTED SPECIES ...... 4-45 4.8.2 STATE LISTED SPECIES ...... 4-45 4.8.3 RARE SPECIES ...... 4-46 4.8.4 THREATENED AND ENDANGERED WILDLIFE SPECIES DISTRIBUTION AND LIFE HISTORY INFORMATION ...... 4-46 4.8.5 ESSENTIAL FISH HABITAT ...... 4-49 4.9 RARE, THREATENED, AND ENDANGERED BOTANICAL RESOURCES AND HABITATS ...... 4-49 4.9.1 REFERENCES ...... 4-50 4.10 RECREATION AND LAND USE ...... 4-52 4.10.1 REGIONAL RECREATION OPPORTUNITIES ...... 4-52 4.10.2 COUNTY AND MUNICIPAL RECREATION AREAS ...... 4-52 4.10.3 EXISTING PROJECT RECREATION OPPORTUNITIES AND USE ...... 4-53 4.10.4 RECREATION NEEDS IDENTIFIED IN MANAGEMENT PLANS ...... 4-53 4.10.5 LAND USES AND MANAGEMENT WITHIN THE PROJECT VICINITY ...... 4-55 4.10.6 LAND USE AND MANAGEMENT OF PROJECT LANDS ...... 4-57 4.10.7 REFERENCES ...... 4-57 4.11 AESTHETIC RESOURCES ...... 4-58 4.11.1 VISUAL CHARACTER OF THE PROJECT VICINITY ...... 4-58 4.11.2 NEARBY SCENIC ATTRACTIONS ...... 4-58 4.11.3 VISUAL CHARACTER OF PROJECT LANDS AND WATERS ...... 4-60 4.11.4 REFERENCES ...... 4-60 4.12 CULTURAL RESOURCES ...... 4-61 4.12.1 HISTORY OF THE PROJECT VICINITY ...... 4-61 4.12.2 IDENTIFICATION OF HISTORIC AND ARCHEOLOGICAL SITES IN THE PROJECT VICINITY ...... 4-62 4.12.3 PRIOR CULTURAL RESOURCE INVESTIGATIONS ...... 4-62 4.13 TRIBAL RESOURCES ...... 4-63 4.13.1 REFERENCES ...... 4-63 4.14 SOCIOECONOMIC RESOURCES ...... 4-64 4.14.1 GENERAL LAND USE PATTERNS ...... 4-64 4.14.2 POPULATION PATTERNS ...... 4-64 4.14.3 HOUSEHOLDS/FAMILY DISTRIBUTION AND INCOME ...... 4-65 4.14.4 PROJECT VICINITY EMPLOYMENT SOURCES ...... 4-66 4.14.5 REFERENCES ...... 4-67 4.15 TRIBAL RESOURCES ...... 4-69 4.15.1 TRIBAL LANDS AND INTERESTS ...... 4-69

AUGUST 2019 - iii - TABLE OF CONTENTS (CONT’D)

4.15.2 IDENTIFICATION AND CONSULTATION WITH TRIBES ...... 4-69

5.0 PRELIMINARY ISSUES AND STUDIES LIST ...... 5-1 5.1 KNOWN OR POTENTIAL PROJECT EFFECTS ...... 5-1 5.2 ANTICIPATED PROJECT EFFECTS ...... 5-1 5.3 PRELIMINARY ISSUES, STUDIES, AND MEASURES BY RESOURCE ...... 5-1 5.3.1 GEOLOGY AND SOILS ...... 5-3 5.3.2 WATER RESOURCES ...... 5-3 5.3.3 AQUATIC RESOURCES ...... 5-4 5.3.4 TERRESTRIAL WILDLIFE AND BOTANICAL RESOURCES ...... 5-5 5.3.5 WETLAND, RIPARIAN, AND LITTORAL HABITAT ...... 5-5 5.3.6 RARE, THREATENED, ENDANGERED AND SPECIAL STATUS SPECIES ...... 5-6 5.3.7 RECREATION AND LAND USE ...... 5-6 5.3.8 AESTHETIC RESOURCES ...... 5-7 5.3.9 CULTURAL RESOURCE ISSUES ...... 5-7 5.3.10 TRIBAL RESOURCES ...... 5-8 5.3.11 SOCIOECONOMIC RESOURCES ...... 5-8 5.3.12 REFERENCES ...... 5-9 5.4 POTENTIALLY RELEVANT QUALIFYING FEDERAL AND STATE OR TRIBAL COMPREHENSIVE WATERWAY PLANS ...... 5-10 5.5 POTENTIALLY RELEVANT RESOURCE MANAGEMENT PLANS ...... 5-11 5.5.1 REFERENCES ...... 5-12

6.0 LITERATURE AND EXISTING INFORMATION SOURCES CITED IN THE DESCRITPIONS AND SUMMARIES OF EXISTING RESOURCE DATA ...... 6-1

LIST OF TABLES

TABLE 3-1 PROJECT DESCRIPTION TABLE ...... 3-2 TABLE 3-2 MEAN, MEDIAN, MINIMUM, AND MAXIMUM RIVER FLOWS BY MONTH FOR THE HACKETT MILLS PROJECT (JANUARY 1989 TO DECEMBER 2018)...... 3-10 TABLE 3-3 SAFETY SIGNAGE INFORMATION ...... 3-13 TABLE 4-1 LITTLE ANDROSCOGGIN RIVER HYDRO PROJECTS ...... 4-3 TABLE 4-2 LIST OF SOILS BY TYPE, SIZE (ACRES), AND PERCENT IN THE VICINITY OF THE PROJECT ...... 4-14 TABLE 4-3 MEAN, MEDIAN, MINIMUM, AND MAXIMUM RIVER FLOWS BY MONTH FOR THE HACKETT MILLS PROJECT (JANUARY 1989 TO DECEMBER 2018)...... 4-17 TABLE 4-4 ESTABLISHED AND PROPOSED MAINE WATER QUALITY STANDARDS FOR SELECT PARAMETERSA ...... 4-20 TABLE 4-5 WATER QUALITY MONITORING RESULTS COLLECTED AUGUST 23 TO SEPTEMBER 30, 2016, AT THE HACKETT MILLS PROJECT...... 4-21 TABLE 4-6 MDEP WATER QUALITY MONITORING DATA COLLECTED NEAR THE HACKETT MILLS PROJECT ...... 4-22 TABLE 4-7 ANNUAL RIVER HERRING STOCKING RECORDS FOR THE LITTLE ANDROSCOGGIN RIVER ...... 4-25

AUGUST 2019 - iv - TABLE OF CONTENTS (CONT’D)

TABLE 4-8 STOCKING RECORDS FOR THE LITTLE ANDROSCOGGIN RIVER, MINOT, MECHANIC FALLS, POLAND, AND AUBURN, 2015-2018...... 4-26 TABLE 4-9 FRESHWATER MUSSELS KNOWN TO OCCUR IN THE LITTLE ANDROSCOGGIN RIVER...... 4-30 TABLE 4-10 AMPHIBIAN AND AQUATIC REPTILE SPECIES KNOWN TO OR WITH THE POTENTIAL TO OCCUR WITHIN THE PROJECT AREA OR PROJECT VICINITY...... 4-30 TABLE 4-11 INVASIVE PLANTS POTENTIALLY OCCURRING WITHIN THE PROJECT ...... 4-39 TABLE 4-12 POTENTIAL STATE AND FEDERALLY LISTED SPECIES THAT MAY OCCUR IN THE PROJECT AREA...... 4-46 TABLE 4-13 BIRDS OF CONSERVATION CONCERN THAT MAY OCCUR WITHIN OR IN THE PROJECT AREAS...... 4-49 TABLE 4-14 LAND USES IN ANDROSCOGGIN COUNTY ...... 4-55 TABLE 4-15 POPULATION STATISTICS FOR AUBURN, ANDROSCOGGIN COUNTY AND MAINE . 4-64 TABLE 4-16 EMPLOYMENT STATISTICS FOR AUBURN, ANDROSCOGGIN COUNTY AND MAINE ...... 4-66 TABLE 5-1 LIST OF QUALIFYING FEDERAL AND STATE COMPREHENSIVE WATERWAY PLANS POTENTIALLY RELEVANT TO THE HACKETT MILLS PROJECT ...... 5-10 TABLE 5-2 LIST OF RELEVANT RESOURCE MANAGEMENT PLANS POTENTIALLY RELEVANT TO THE HACKETT MILLS PROJECT...... 5-11

LIST OF FIGURES

FIGURE 1-1 HACKETT MILLS WATERSHED MAP ...... 1-2 FIGURE 1-2 HACKETT MILLS PROJECT LOCATION MAP ...... 1-3 FIGURE 3-1 PROJECT OVERVIEW ...... 3-1 FIGURE 3-2 PROJECT BOUNDARY ...... 3-8 FIGURE 3-3 SAFETY SIGNAGE MAP ...... 3-14 FIGURE 4-1 GEOGRAPHICAL PROVINCES OF MAINE ...... 4-8 FIGURE 4-2 GENERAL TOPOGRAPHY OF MAINE ...... 4-9 FIGURE 4-3 BEDROCK GEOLOGY OF MAINE ...... 4-10 FIGURE 4-4 SOILS MAP OF THE STATE OF MAINE ...... 4-12 FIGURE 4-5 SOILS SURROUNDING THE PROJECT ...... 4-13 FIGURE 4-6 WETLANDS IN THE VICINITY OF THE PROJECT ...... 4-42 FIGURE 4-7 LAND USE MAP OF VICINITY OF THE PROJECT ...... 4-56

LIST OF PHOTOS

PHOTO 3-1 PROJECT IMPOUNDMENT ...... 3-4 PHOTO 3-2 RIGHT SIDE OF THE SPILLWAY ...... 3-5 PHOTO 3-3 CENTER OF THE SPILLWAY ...... 3-5 PHOTO 3-4 LEFT SIDE OF THE SPILLWAY ...... 3-6

AUGUST 2019 - v - TABLE OF CONTENTS (CONT’D)

PHOTO 3-5 DOWNSTREAM FISH PASSAGE FLUME ...... 3-7 PHOTO 4-1 PROJECT IMPOUNDMENT ...... 4-28 PHOTO 4-2 PROJECT BYPASS ...... 4-28

LIST OF APPENDICES

APPENDIX A DISTRIBUTION LIST APPENDIX B PROCESS, PLAN, AND SCHEDULE APPENDIX C CURRENT LICENSE REQUIREMENTS APPENDIX D FLOW DURATION CURVES APPENDIX E RTE SPECIES CONSULTATION APPENDIX F EXHIBIT F DRAWINGS (CEII) APPENDIX G SUMMARY OF PROJECT GENERATION (PRIVILEGED) APPENDIX H CURRENT NET INVESTMENT (PRIVILEGED) APPENDIX I EAP EXEMPTION REQUIREMENTS (CEII)

J:\1871\134\DOCS\PAD\DRAFT PAD\HACKETT DRAFT PAD 2019 08 29.DOC

AUGUST 2019 - vi -

PRE-APPLICATION DOCUMENT

HACKETT MILLS HYDROELECTRIC PROJECT FERC PROJECT NO. 6398

1.0 INTRODUCTION

Hackett Mills Hydro Associates, LLC [Hackett Mills Hydro or Applicant], a subsidiary of Eagle Creek Renewable Energy, is filing with the Federal Energy Regulatory Commission (FERC or Commission) its notification of intent (NOI) to relicense and the required Pre-Application Document (PAD) for the 485 kW Hackett Mills Project (FERC No. 6398) (Project). The Project is located on the Little Androscoggin River in Androscoggin County, Maine. The Project is located at river mile (RM) 9.6 in the Towns of Minot and Poland Maine.

Hackett Mills Hydro provides this PAD as required by Title 18 § 5.6 and §16.8 of the U.S. Code of Federal Regulations (CFR). This PAD accompanies Hackett Mills Hydro Notice of Intent (NOI) to seek a new license for the Project. Hackett Mills Hydro distributed this PAD and NOI simultaneously to Federal and state resource agencies, local governments, Native American tribes, members of the public, and others interested in the relicensing proceeding. Appendix A provides the distribution list for the NOI and PAD. As specified in 18 CFR § 5.6 (c) and (d) the PAD provides FERC and the entities listed above with summaries of existing, relevant, and reasonably available information related to the Project that is in the Licensee’s possession or was obtained through due diligence.

The information presented in this PAD provides participants in this relicensing the information necessary to identify issues and related information needs; to develop study requests and study plans; and to prepare documents analyzing Hackett Mills Hydro’s Application for New License (License Application) that will be filed with FERC on or before August 31, 2022. The PAD is also a precursor to the environmental analysis section of the License Application and to FERC’s Scoping Documents and Environmental Impact Statement (EIS) or Environmental Assessment (EA) under the National Environmental Policy Act (NEPA). Filing the PAD concurrently with the NOI enables those who plan to participate in the relicensing to familiarize themselves with the Project at the start of the proceeding.

Hackett Mills Hydroelectric Project 1-1 Pre-application Document

FIGURE 1-1 HACKETT MILLS WATERSHED MAP

Hackett Mills Hydroelectric Project 1-2 Pre-application Document

FIGURE 1-2 HACKETT MILLS PROJECT LOCATION MAP

Hackett Mills Hydroelectric Project 1-3 Pre-application Document

1.1 AGENTS FOR HACKETT MILLS HYDRO ASSOCIATES, LLC

The following persons are authorized to act as agent for the applicant pursuant to 18 CFR § 5.6(d)(2)(i):

Michael Scarzello Regulatory Director Eagle Creek Renewable Energy 65 Madison Ave, Suite 500 Morristown, NJ 07960 Phone: (973) 998-8400 Fax: (973) 998-8401 Email: [email protected]

Kayla Easler Kleinschmidt P.O. Box 650 Pittsfield, Maine 04967 Phone: (207) 416-1271 Email: [email protected]

1.2 PAD CONTENT

This PAD follows the content and form requirements of 18 CFR § 5.6 (c) and (d), with minor changes in form for enhanced readability. This PAD is organized into three volumes. Volume 1 contains all of the information required by 18 CFR § 5.6 (c) and (d) for distribution to Federal and state resource agencies, local governments, Native American tribes, members of the public, and others likely to be interested in the relicensing proceeding. Appendix F contains drawings of Project works that meet the definition of Critical Energy Infrastructure Information (CEII) pursuant to FERC’s June 23, 2003 Order No. 630-A. Appendix G and H contain privileged information. Consistent with that order, Hackett Mills Hydro is distributing Volume 2 and Volume 3 only to FERC.

Volume 1 is organized as follows:

• Table of Contents; List of Tables; List of Figures; List of Appendices; List of Photographs; and Definitions of Terms, Acronyms, and Abbreviations. • Section 1.0 – Introduction and Background Information. • Section 2.0 – Process Plan and Schedule, Communications Protocol, and TLP Flow Chart, per 18 CFR § 5.6(d)(1).

Hackett Mills Hydroelectric Project 1-4 Pre-application Document

• Section 3.0 – General Description of the Little Androscoggin River basin, per 18 CFR § 5.6(d)(3)(xiii). • Section 4.0 – Description of Project Location, Facilities, and Operation, per 18 CFR § 5.6(d)(2). • Section 5.0 – Description of the Existing Environment by Resource Area, per 18 CFR § 5.6(d)(3)(ii)-(xii). • Section 6.0 – Description of Impacts, Issues, Study and Information Needs, Resource Measures, and Existing Plans, per 18 CFR § 5.6(d)(3) and (4). • Appendices: o Appendix A – Distribution List o Appendix B – Process Plan and Schedule, per 18 CFR § 5.6(d)(1) o Appendix C – Current License Requirements o Appendix D – Flow Duration Curves o Appendix E – RTE Species Consultation o Appendix F – Exhibit F Drawings (CEII) o Appendix G – Summary of Project Generation (Privileged) o Appendix H – Current Net Investment (Privileged) o Appendix I – EAP Exemption Requirements (CEII)

1.3 REFERENCES

Federal Energy Regulatory Commission (FERC). 1984. Order Issuing License (Minor) Hackett Mills Hydro Associates’ Hackett Mills Project No. 6398. 28 FERC § 62,359. September 12, 1984.

Hackett Mills Hydroelectric Project 1-5 Pre-application Document

2.0 PLANS, SCHEDULE, AND PROTOCOLS

In its NOI, Hackett Mills Hydro requests FERC’s approval to use the Traditional Licensing Process (TLP) for the Project. The TLP has three stages (18 CFR 4.38). The first stage involves coordination between the Applicant, resource agencies, affected Indian tribes, and the public and includes the sharing of project information, notification of interested parties, and study planning and implementation using the PAD. The second stage involves study implementation and additional data gathering as well as development of a Draft License Application (DLA) and review of the draft License Application by resource agencies and optionally, FERC. The third stage commences with the filing the Final License Application (FLA), whereby FERC initiates its own review and public comment process, ultimately issuing a license for the Project. Appendix B depicts the regulatory milestones of the TLP.

2.1 PROCESS PLAN AND SCHEDULE THROUGH FILLING OF LICENSE APPLICATION

The Process Plan and Schedule outlines actions by FERC, Hackett Mills Hydro, and other participants in the relicensing process through filing of the FLA. Appendix B provides a Process Plan and Schedule for the TLP based upon the License Application filing deadline of (August 31, 2022) for the Hackett Mills Project and all subsequent dates given derive from this date. The final License Application must be filed no later than two years before license expiration but could be filed earlier.

2.2 JOINT AGENCY MEETING AND SITE VISIT

As set forth in TLP regulations, Hackett Mills Hydro will schedule a joint agency and public meeting, including an opportunity for a site visit, with all pertinent resource agencies, NGO’s, Indian tribes, and members of the public. Subsequent to FERC granting authorization of the TLP, Hackett Mills Hydro will provide stakeholders with written notice of the time and place of the joint meeting and a written agenda at least 15 days in advance of the meeting. Pursuant to 18 CFR §16.8(b)(3), the joint meeting will be held no earlier than 30 days and no later than 60 days from the date of Commission approval of use of the TLP.

Hackett Mills Hydroelectric Project 2-1 Pre-application Document

2.3 PROPOSED COMMUNICATIONS PROTOCOLS

Effective communication is essential for a timely, cost-effective relicensing. Hackett Mills Hydro anticipates that the primary means of communication will be meetings, documents, email, and telephone.

2.4 PARTIES TO THE RELICENSING

Under FERC proceedings, participating individuals typically are identified as one of two groups: a) Interested Parties, which is the broad group of individuals and entities that may have an interest in a proceeding, including Native American tribes, agencies, groups and individuals that may wish to participate in the licensing process and are sometimes referred to as "stakeholders" and b) Relicensing Participants, which is a subset of Interested Parties and consists of individuals and entities that are actively participating in a proceeding, such as by participating on committees. Relicensing Participants may receive additional communications relative to the specific activity or function. Any Interested Party may elect to be a Relicensing Participant by request to Hackett Mills Hydro.

FERC also maintains a mailing list of Interested Parties, on which the applicant's mailing list is typically based. FERC generally integrates the licensee's Interested Parties mailing list with their own once the relicensing process has started. Once the FLA is filed with the FERC, FERC will establish an official Service List for parties who formally intervene in the proceeding. Typically, this is comprised of the Relicensing Participants who have been recognized by FERC as official parties.

2.4.1 GENERAL COMMUNICATIONS

Communications include written correspondence, emails, and notes from individual and conference telephone calls. Hackett Mills Hydro's goal is to keep the lines of communication open during the relicensing process and make it easy for Interested Parties, Relicensing Participants and the public to get information related to the relicensing and the interests of other stakeholders.

Hackett Mills Hydroelectric Project 2-2 Pre-application Document

2.4.2 TELEPHONE

Hackett Mills Hydro anticipates that telephone calls among Interested Parties and Licensing Participants will be treated informally, with no specific documentation unless specifically agreed upon in the discussion or as part of formal agency consultation proceedings.

Hackett Mills Hydro anticipates that FERC will distribute to the FERC Project No. 6398 Mailing List summaries of any informal decisional telephone calls in which it participates prior to acceptance of the FLA.

2.4.3 ELECTRONIC COMMUNICATIONS

Hackett Mills Hydro anticipates distribution of relevant documents and submittal of comments, correspondence, and study requests from agencies will be conducted primarily electronically (either by electronic filing of documents with the FERC and/or via email distribution). In addition, some formal agency consultation proceedings and correspondence may, as a matter of convenience and expediency, occur electronically or via email. Hackett Mills Hydro will maintain documentation of all correspondence as part of formal agency consultation proceedings.

The Commission makes information available to the public via the internet through eLibrary, a records information system that contains documents submitted to and issued by the FERC. Documents filed with the FERC as part of the Project's licensing process are available for viewing and printing via eLibrary, accessed through the Commission’s homepage or directly at http://www.ferc.gov/docsfilings/elibrary.asp (Docket P-6398). Interested Parties and Relicensing Participants can also subscribe to the docket for the Project under eSubscription and be sent notices of issuances and filings by email. Instructions for subscribing to the electronic FERC docket for the Hackett Mills Project is provided on FERC's website at http://www.ferc.gov/docs- filing/esubscription.asp.

2.4.4 MEETINGS

Hackett Mills Hydro will work with all Interested Parties to develop meeting schedules that include practical locations and times to accommodate the majority of participants. In general, Hackett Mills Hydro will schedule meetings between the hours of 9:00 a.m. and 4:00 p.m. Hackett Mills Hydro will make every effort to begin and end meetings on time.

Hackett Mills Hydroelectric Project 2-3 Pre-application Document

Hackett Mills Hydro will notify all Interested Parties at least two weeks in advance of the next planned public meeting. At that time, Hackett Mills Hydro will provide a meeting agenda via mail and by email. Hackett Mills Hydro will also distribute any documents or other information that will be the subject of meeting discussions.

2.4.5 DOCUMENTS AND DISTRIBUTION

Hackett Mills Hydro will maintain copies of all mailing lists, announcements, notices, communications, and other documents related to the relicensing of the Project at the Hackett Mills Hydro relicensing website (http://www.eaglecreekre.com/hackettmills-relicensing). Hackett Mills Hydro will regularly update the public files to ensure the public has the latest information related to the relicensing process available to them and that all public documents are available. Anyone may obtain documents by contacting:

Michael Scarzello Regulatory Director Eagle Creek Renewable Energy 65 Madison Ave Suite 500 Morristown, NJ 07960 Phone: (973) 998-8402 Fax: (973) 998-8401 Email: [email protected]

Kayla Easler Kleinschmidt P.O. Box 650 Pittsfield, Maine 04967 Phone: (207) 416-1271 Email: [email protected]

Documents submitted to and issued by the FERC for the Project are available through eLibrary under Docket P-6398 (http://www.ferc.gov/docsfilings/elibrary.asp). In addition, all materials filed with or issued by the FERC will be available for review and copying at the FERC offices in Washington, DC:

Federal Energy Regulatory Commission Public Reference Room, Room 2-A Attn: Secretary 888 First Street, N.E. Washington, D.C. 20426

Hackett Mills Hydroelectric Project 2-4 Pre-application Document

Distribution of primary licensing documents, submittal of comments, and correspondence will be largely conducted electronically, either by electronic filing of documents with the FERC or via e- mail distribution.

2.4.5.1 RESTRICTED DOCUMENTS

Certain Project-related documents are restricted from public viewing in accordance with FERC regulations. CEII (18 CFR 388.113) related to the design and safety of dams and appurtenant facilities, and that is necessary to protect national security and public safety are restricted. Anyone seeking CEII information from FERC must file a CEII request. FERC's website at www.ferc.gov/help/how-to/file-ceii.asp contains additional details related to CEII.

Information related to protecting sensitive archaeological or other culturally important information is also restricted under Section 106 of the National Historic Preservation Act (NHPA)1 as amended and its implementing regulations (36 CFR 800). In addition, information related to threatened and endangered species are protected under Section 7 of the Endangered Species Act (ESA). Anyone seeking this information from FERC must file a FOIA request. Instructions for FOIA are available on FERC's website at www.ferc.gov/legal/ceii-foia/foia.asp.

2.4.6 STUDY REQUESTS

Stakeholders may identify additional studies for consideration. As specified by CFR 18, § 5.9(b), any study request must:

• Describe the goals and objectives of each study proposal and the information to be obtained. • If applicable, explain the relevant resource management goals of the agencies or Indian tribes with jurisdiction over the resource to be studied. • If the requestor is a not resource agency, explain any relevant public interest considerations in regard to the proposed study. • Describe existing information concerning the subject of the study proposal, and the need for additional information. • Explain any nexus between Project operations and effects (direct, indirect, and/or cumulative) on the resource to be studied, and how the study results would inform the development of license requirements.

1 Section 106 of the NHPA of 1966, as amended, 54 U.S.C. § 306108, Pub. L. No. 113-287, 128 Stat. 3188 (2014). The NHPA was recodified in Title 54 in December 2014.

Hackett Mills Hydroelectric Project 2-5 Pre-application Document

• Explain how any proposed study methodology (including any preferred data collection and analysis techniques, or objectively quantified information, and a schedule including appropriate filed season(s) and the duration) is consistent with generally accepted practice in the scientific community or, as appropriate, considers relevant tribal values and knowledge. • Describe considerations of level of effort and cost, as applicable, and why any proposed alternative studies would not be sufficient to meet the stated information needs.

The requestor should also describe any available cost-share funds or in-kind services that the sponsor of the request may contribute towards the study effort.

Email or mail completed study requests in MS Word or PDF format to:

Michael Scarzello Regulatory Director Eagle Creek Renewable Energy 65 Madison Ave Suite 500 Morristown, NJ 07960 Phone: (973) 998-8402 Fax: (973) 998-8401 Email: [email protected]

Kayla Easler Kleinschmidt P.O. Box 650 Pittsfield, Maine 04967 Phone: (207) 416-1271 Email: [email protected]

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3.0 PROJECT LOCATION, FACILITIES, AND OPERATIONS

3.1 EXISTING PROJECT FACILITIES

3.1.1 PROJECT STRUCTURES

Project works consist of: (a) a 101-foot-long, 8-foot-high rock filled timber crib dam; (b) a 22- foot-long sluice gate section containing a single sluice gate; (c) an 8-foot-high, 85-foot-long concrete gravity dam with three uncontrolled bays at the north dam abutment; (d) a 60-acre reservoir with no usable storage capacity at elevation 235-feet msl.; (e) a canal intake gate structure containing 5 gates; (f) a 100-foot-long, 25-foot-wide, 7-foot-deep power canal at the south dam abutment; (g) a powerhouse located at the end of the canal containing one turbine generator with a total rated capacity of 485 kW; (h) a 0.480/12.5-kV transformer; (i) a 200-foot- long, 12.5-kV transmission lines; (j) a downstream fish passage facility; and (k) appurtenant facilities.

FIGURE 3-1 PROJECT OVERVIEW

Hackett Mills Hydroelectric Project 3-1 Pre-application Document

TABLE 3-1 PROJECT DESCRIPTION TABLE DESCRIPTION NUMBER OR FACT GENERAL INFORMATION FERC Project Number P-6398 Owner Hackett Mills Hydro Association Current License Term September 12, 1984 – September 31, 2024 Licensed Capacity 485 kW Nearest County Androscoggin County Nearest Town Poland and Minot River Little Androscoggin Drainage Area at the Dam 312 square miles River Mile 9.6 RESERVOIR Reservoir Elevation 235 msl Gross Head 26 Impoundment Length Approximately 5 miles. Normal Maximum Surface Area (ac) 60 Net Storage Run-of-river operations with no storage DAM Dam Type Rock Filled Timber Crib/ Concrete Gravity Year Dam was completed 1986 101-foot rock filled timber crib section Dam length (ft) 85-foot concrete gravity section Dam Height (ft) 8 Dam Crest Elevation 235 msl 3 uncontrolled bays at the north dam Uncontrolled Spillway Width (ft) abutment Gated Spillway (ft) 85 Non-gated spillway (ft) 101 3-inch spacing at a 45-degree angle (2.25- Trashracks inch clear spacing) POWER CANAL Dimensions 100-foot-long, 25-feet-wide, 7-feet-deep Elevation 231.5 msl POWERHOUSE At end of power canal on south west side of Location river Dimensions 33 ft by 38 ft substructure TURBINES One right angle drive bulb turbine and a Number of Turbine/ Generator units Kato Engineering generator Turbine Capacity 500 kW

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DESCRIPTION NUMBER OR FACT Generator Capacity 485kW Hydraulic Capacity 550 cfs with a minimum of 80 cfs TAILRACE Length ~260 feet Elevation 219 msl BYPASSED REACH Length 230 feet between dam and tailrace 60 cfs from March 31 through November 1, and 30 cfs at all other Minimum Flow times TRANSMISSION FACILITIES 200-foot-long, 12.5-kv transmission Transmission Line line FLOOD INFORMATION Hydrologic Data Hundred-year flood 17,500 cfs Flood of Record (cfs) 15,745 Date of Flood of Record 3/28/1953 SAFETY INFORMATION Hazard Potential Low Part 12D Report Required No Emergency Action Plan Status Submitted Feb 2019 Boat Restraining Barrier Required Yes Date in (typ.) Memorial Day Date out (typ.) Labor Day

3.1.2 PROJECT RESERVOIR

The dam creates an impoundment with a surface area of approximately 60 acres at a full-pond elevation of 235.0 feet msl with a maximum storage of 450 acre-feet.

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PHOTO 3-1 PROJECT IMPOUNDMENT

3.1.3 DAM

The Project dam was built on top of an existing facility in 1986. The Dam consists of a 101-foot- long, 8-foot-high dam, an 85-foot-long concrete spillway, and three uncontrolled bays at the north dam abutment. The dam has an elevation of 235 feet msl, with an approximate capacity of 17,500 cfs (100-year flood).

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PHOTO 3-2 RIGHT SIDE OF THE SPILLWAY

PHOTO 3-3 CENTER OF THE SPILLWAY

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PHOTO 3-4 LEFT SIDE OF THE SPILLWAY

3.1.4 POWERHOUSE

The Powerhouse contains one right angle drive bulb turbine with a total rated capacity of 500kW and a 485kW Kato Engineering generator. The Maximum hydraulic capacity is 550 cfs and the minimum is approximately 80 cfs (at 70% operating efficiency.) The Project first started generating power in the 1900’s and now has a total name-plate capacity of .485 MW.

3.1.5 CANAL

To the west of the project there is a 100-foot-long, by 25- foot-wide power canal.

3.1.6 FISH PASSAGE

There are currently no upstream fish passage facilities at this project. Upstream passage to the Little Androscoggin River is currently blocked by the downstream Lower Barker Dam (FERC No. 2808) located just upstream of the confluence of the Little Androscoggin River. License Article 23 and WQC Condition D reserves agency authority to prescribe upstream fish passage prior to the start of construction of an upstream fish passage facility at the downstream Upper Barker Project (FERC No. 3562), located just upstream of the Lower Barker Dam. In accordance with License Article 23 and WQC Condition C, Hackett Mills Hydro operates a downstream fish

Hackett Mills Hydroelectric Project 3-6 Pre-application Document

passage facility. The fishway consists of angled trash racks, a fishway entrance, and a sluiceway which discharges into a plunge pool in the bypassed reach.

PHOTO 3-5 DOWNSTREAM FISH PASSAGE FLUME

3.1.7 TRANSMISSION FACILITIES

This project has a 200-foot-long, 12.5-kv transmission line.

3.1.8 PROPOSED PROJECT FACILITIES

There are no changes to existing facilities proposed for the Hackett Mills project. However, in association with the Hackett Mills relicensing, discussion of future upstream fish passage facilities is ongoing with agencies. It is anticipated that additional detail on any fish passage proposal will be included in the license application.

3.1.9 PROJECT BOUNDARY

The area inside the FERC Project Boundary is approximately 75 acres. This is primarily the area of the impoundment, Figure 3-2 depicts.

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FIGURE 3-2 PROJECT BOUNDARY

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3.1.10 EXISTING OPERATIONS

The Project is operated in an instantaneous run-of-river mode for the protection of fish and wildlife resources in the Little Androscoggin River. In accordance with License Article 24 and WQC Condition B, Hackett Mills Hydro passes a minimum flow of 60 cfs from March 31 through November 1, and 30 cfs minimum flow at all other times, for the protection and enhancement of fish and wildlife resources in the bypassed reach. Flow of approximately 20 cfs is continuously passed through the downstream fish passage sluice with the remaining minimum flow spilled over the dam. The Licensee maintains an electronic head level measuring device at the upstream gatehouse and a staff gage in the intake canal at the sluiceway to provide verification of the reservoir level. The Licensee’s Supervisory Control and Data Acquisition (SCADA) system provides automatic control and remote operation of the Project. An on-site Programmable Logic Controller (PLC) monitors and adjusts the headpond level at 5-second intervals in a gradual ramping up or down mode by adjusting the runner blades. The PLC is programmed to monitor and maintain the headpond level to provide the required minimum flow.

3.1.11 NORMAL OPERATIONS

The maximum hydraulic capacity of the Hackett Mills Project is 550 cfs, and the minimum hydraulic capacity is 80 cfs. This project operates in instantaneous run-of-river mode, with seasonal flow requirements to pass a minimum of 60 cfs from March 31 through November 1, and 30 cfs at all other times. This flow may be temporarily modified if required by operation emergencies beyond the control of the licensee, and for short periods upon mutual agreement among licensee, Maine Department of Inland Fisheries and Wildlife, and Maine Department of Marine Resources. The table below shows mean, median, minimum, and maximum river flows by month for the Project.

Hackett Mills Hydroelectric Project 3-9 Pre-application Document

TABLE 3-2 MEAN, MEDIAN, MINIMUM, AND MAXIMUM RIVER FLOWS BY MONTH FOR THE HACKETT MILLS PROJECT (JANUARY 1989 TO DECEMBER 2018). MEAN FLOW MEDIAN FLOW MINIMUM MAXIMUM FLOW MONTH (CFS) (CFS) FLOW (CFS) (CFS) January 448 301 76 6,739 February 355 255 75 3,883 March 852 526 85 8,350 1,79 April 9 1,242 183 11,868 May 807 598 64 14,072 June 559 296 31 13,775 July 298 127 13 5,637 August 229 72 4 6,146 September 163 59 3 7,672 October 468 208 11 8,265 November 676 462 55 9,071 December 679 410 79 10,681 Annual 611 313 3 14,072 Source: USGS 2019b

3.1.12 LOW WATER OPERATIONS

The Project’s run-of-river operations create a stable impoundment environment. To protect wetlands and wildlife, operation may be temporarily modified if required by operating emergencies beyond the control of the Licensee, or for short periods of time upon mutual agreement among Licensee, the Maine Department of Marine Resources (MDMR), and the Maine Department of Inland Fisheries and Wildlife (MDIFW).

3.1.13 HIGH WATER OPERATIONS

The total discharge capacity of the dam is estimated to be 7,200 cfs with the reservoir surcharged to the top of the concrete abutments. Flows exceeding the discharge capacity of the Project may cause erosion at the dam abutments but would not result in a sudden release of water sufficient to increase the hazard to downstream life or property.

3.1.14 PROPOSED PROJECT OPERATIONS

The Licensee is not proposing any changes to current operations.

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3.1.15 OTHER PROJECT INFORMATION

Current License Requirements

Article 25. as revised, requires Hackett Mills Hydro to discharge from the project dam a continuous minimum flow of 60 cfs from March 31 to November 1 and 30 cfs at all other times in the bypassed reach.

Article 26. requires Hackett Mills Hydro to operate the project in an instantaneous run-of-river mode for the protection of fish and wildlife resources in the Little Androscoggin River while minimizing the fluctuation of the reservoir surface elevation.

Article 27. requires Hackett Mills Hydro to consult with FWS, MDIFW, and Maine department of Conservation to determine the location and type of recreational facilities and file a plan for recreational development.

Article 28. requires Hackett Mills Hydro to consult with the Maine State Historic Preservation Office about the need for any cultural resource survey and salvage work prior to the commencement of any future construction at the project.

Article 29. requires Hackett Mills Hydro to clear and dispose of unused timer, brush, refuse, or other materials in accordance with Federal, State, and local statues and regulations.

Article 30. requires Hackett Mills Hydro to pay an annual charge based on the authorized installed capacity of 630 horsepower.

Article 31. requires Hackett Mills Hydro to consult and cooperate with Federal, State and other natural resource agencies for the protection and development of the environmental resources and values of the project area.

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3.1.16 COMPLIANCE HISTORY OF THE PROJECT

Kleinschmidt has reviewed the compliance history for the Project and found one instance of recurring non-compliance.

FERC’s Regional Office conducted an environmental inspection at the Hackett Mills Project on September 29, 2010 (FERC 2010). This inspection found that the Licensee was in compliance with all requirements other than having failed to file the Form 80 report, or an exemption request. Hackett Mills Hydro failed to file its Form 80 that was due on April 1, 2009. In this instance FERC determined that “no further compliance action” would be taken in that instance but reminded the Licensee that they would be in violation of their license if they didn’t submit their 2015 Form 80 (FERC Letter 2014). In 2016 Eagle Creek Renewable Energy acquired the project and sent a letter in 2017 stating that they were unaware that the Form 80s had not been filed. FERC accepted that letter as satisfactory to the Form 80 requirement for the 2009 and 2015 filing cycle. FERC has since eliminated Form 80 reporting.

3.1.17 SAFETY PROCEDURES

The Project is currently classified as low hazard project and is exempt from FERC Emergency Action Plan requirements. Hackett Mills Hydro complied with FERC exemption requirements and filed a letter in December 2017, stating that there have been no changes to the upstream or downstream conditions, therefore showing that no reasonable foreseeable project emergency would endanger life, health, or property (Appendix I). The licensee’s Supervisory Control and Data Acquisition (SCADA) system provides automatic control and remote operation of the project. An on-site Programmable Logic Controller (PLC) monitors and adjusts the headpond level at 5-second intervals in a gradual ramping up or down mode by adjusting the runner blades. The PLC is programmed to monitor and maintain the required minimum flow. The project is visited daily by an operator, who manually enters the headpond readings into a logbook.

The licensee maintains fences, locked gates, handrails, perimeter fencing surrounding the power canal, and warning signs to protect the public from the hazards of project operations. The public safety devices appeared to be well maintained and in good condition. The licensee seasonally installs and removes (before the Memorial Day weekend and the weekend after Labor Day, respectively) a boat restraining barrier upstream of the dam. The licensee’s Public Safety Plan,

Hackett Mills Hydroelectric Project 3-12 Pre-application Document filed April 25, 2002, depicts the public safety devices installed at the project and their location. By Division of Dam Safety and Inspections-New York Regional Office letter dated May 10, 2002, the licensee’s Public Safety Plan was accepted as satisfying the submission requirements of Section 12.4 of the Commission’s regulations. The public safety measures appear to be adequate in providing protection for the public (FERC 2010).

Below is a table and photos describing safety signage from the 2019 Public Safety Report. In addition to signage there are chain link fences surrounding the head gate building and powerhouse, as well as escape devices. Hackett Mills Hydro also regularly performs grounds maintenance on the area to remove trash and excess vegetation.

TABLE 3-3 SAFETY SIGNAGE INFORMATION

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FIGURE 3-3 SAFETY SIGNAGE MAP (FERC 2019)

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3.1.18 SUMMARY OF PROJECT GENERATION

A summary of Project Generation for the period of 2014-2018 is being filed privileged information, under Appendix G.

3.1.19 CURRENT NET INVESTMENT

The current net investment in the Project is being filed as privileged information, under Appendix H.

3.1.20 DEPENDABLE CAPACITY.

The ISO New England Seasonal Claimed Capability ratings listed in the 2018-2027 Forecast Report of Capacity, Energy, Loads, and Transmission (CELT Report) are 0.000 MW for the summer period and 0.308 MW for the winter period (ISO New England 2019).

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4.0 DESCRIPTION OF EXISTING ENVIRONMENT AND RESOURCE IMPACTS

4.1 GENERAL DESCRIPTION OF THE RIVER BASIN

4.1.1 OVERVIEW

The Androscoggin River watershed extends from northeastern New Hampshire to the coast of Maine where it joins the Kennebec River to form Merrymeeting Bay. The watershed has a total drainage of 3,530 square miles (sq mi) (FERC 1996). At 164 miles long, the Androscoggin River is the third largest river in Maine. The Androscoggin River basin contains over 100 dams, 16 of which are used for hydropower generation (ENSR, 2007). Among the major streams and rivers in the basin are the Kennebago River, Rangeley River, Sabattus River, Sunday River, and the Little Androscoggin River (Maine Rivers, 2018).

The Little Androscoggin River basin, where the Project is located, is a sub-basin of the Androscoggin River watershed. The Little Androscoggin River basin originates in Bryant Pond in Woodstock, Maine approximately 25 miles northwest of the project area (Google Maps, 2019a). The Little Androscoggin River has a total drainage area of approximately 360 sq mi covering two counties (Androscoggin and Oxford) (USGS 2018a and 2018b). The river is approximately 52-miles-long from its headwaters to its confluence with the Androscoggin River (USGS, 2018c). Among the major lakes and tributaries in the basin are Bryant Pond, Thompson Lake, Andrews Brook, Black Brook, Cushman Stream, Meadow Brook, and Bog Brook (Maine Legislature, 1989). The Project is located approximately 9.7 river miles upstream from the confluence of the Little Androscoggin River with the Androscoggin River in Androscoggin County in Auburn, Maine (Google Maps 2019b).

Androscoggin County is located in southwestern Maine. The County encompasses 14 cities and towns including the second and fourth largest cities in the state, Lewiston and Auburn respectively. The Lewiston-Auburn metro area is a center for retail trade, services and manufacturing. The major topographic feature of Androscoggin County is the Androscoggin River which divides the "twin cities" of Lewiston and Auburn. The remainder of the topography is generally moderate, varying from forested hills to flat farmlands (AVCOG, 2011).

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River flow data for the Hackett Mills Project was generated from USGS gage No. 01057000 (Little Androscoggin River near South Paris, Maine) for the period January 1989 to December 2018 (USGS 2019b). The USGS gage is approximately 32 river miles upstream of the Hackett Mills Project. Data from the South Paris gage were pro-rated by a factor of 4.2 to account for the additional drainage area at the Hackett Mills Project.

The mean, median, minimum, and maximum annual river flows of the Little Androscoggin River at the Hackett Mills Project are estimated to be 611 cfs, 313 cfs, 3 cfs, and 14,072 cfs, respectively. The maximum monthly average flow (1,799 cfs) typically occurs in April, and the minimum monthly average flow (163 cfs) is typically in September. Annual and monthly flow duration curves for the Hackett Mills Project are presented in Appendix D.

4.1.2 MAJOR LAND USES

Until the late 19th century, agriculture was the primary land use of the Little Androscoggin River basin. The amount of lands used for agricultural purposes peaked in 1880 before steadily declining through the end of the 20th century. Following the decline in agriculture many lands (Appendix C) reverted to their original, forested state. Today, the majority of the basin remains forested (Irland, 1998).

The Project lies wholly within Androscoggin County, Maine, which has a land area of approximately 468 square miles (U.S. Census, 2017a). The project vicinity is dominated by forestland, approximately 61% of the total land cover, followed by agriculture at approximately 13% of the land cover. Overall, only a small percentage of the project vicinity is developed (6.4%) (NOAA C-CAP, 2006). As such, the major land uses in Androscoggin County are forestry, agriculture and urban development, contained within 14 cities and towns, the largest of which is the Lewiston-Auburn metropolitan area (FERC, 1996).

The Hackett Mills Project is located in the Towns of Minot and Poland. Poland Maine and Mechanic Falls are primarily composed of rural development, forests, and farmland (AVOCG 2005). Poland was incorporated in 1795, and Minot was incorporated in 1802. Minot was primarily a farming town in the 1800s and early 1900s. Minot also became known for its two canning factories, which processed beans and corn. Poland was and still is known for its water bottling facility “Poland Springs”, as well as its old dairy association (Town of Poland 2008,

Hackett Mills Hydroelectric Project 4-2 Pre-application Document

Town of Minot 2006). In both of these towns the mill sites today are mostly defunct, however Poland Spring water is still operational. The area closest to the Project has some residential properties but is primarily forested.

The shoreline of the project impoundment is predominantly wooded. Project operations and maintenance are the primary activities that occur on project lands. The licensee provides free access to project lands and waters for the public’s recreational use of the project facilities. The recreation facilities consist of unimproved parking along the access road to the project and informal access to the Androscoggin River upstream and downstream of the project for fishermen and car-top boaters. The licensee’s Recreation Report (Form 80), filed February 24, 2003, indicates extremely light public usage of the facilities (an annual 28 recreation days with a peak weekend usage of 4 recreation days).

4.1.3 MAJOR WATER USES

The Little Androscoggin River was historically home to many industrial sites that took advantage of the river as an energy source and water supply. The main types of industry developed on the Little Androscoggin River were textile and paper mills. As time progressed, large-scale factories began to leave the area and, as of today, only light industrial development and small businesses remain along the Little Androscoggin River (FERC, 1996).

There are six dams currently located on the mainstem Little Androscoggin River, listed in Table 4-1 in ascending order, and several tributary dams. The historical use of the river as an energy source is evident as a majority of the dams were constructed prior to 1945. Six of the dams are currently used for hydroelectric generation. Five of the dams are privately owned while the remaining three are owned by local municipalities (Table 4-1) (USACE 2016). The Little Androscoggin River is also utilized for recreational purposes; the majority of which are fishing and boating (FERC, 1996).

TABLE 4-1 LITTLE ANDROSCOGGIN RIVER HYDRO PROJECTS PROJECT OWNER RESERVOIR HEIGHT OF GENERATION AREA (AC) DAM (FT) CAPACITY (KW)1 Lower Barker KEI (Maine) Power 150 30 1,200 Management (III) LLC.

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PROJECT OWNER RESERVOIR HEIGHT OF GENERATION AREA (AC) DAM (FT) CAPACITY (KW)1 Upper Barker KEI (Maine) Power 255 24 1,000 Management (III) LLC. Hackett Mills Hackett Mills Hydro 480 8 485 Associates Mechanic Falls/ KEI (Maine) Power 103 15.4 1,310 Marcal Dam Management (IV) LLC Welchville Town of Oxford 5232 16 NA Biscoe Falls John Crouch Jr. & Sons 126 15 50 Source: USACE 2016; FERC, 1996

4.1.4 PROJECT RESERVOIR AND STORAGE

The project reservoir is approximately 60 acres with a maximum usable storage capacity of approximately 480 acre-feet at elevation 235 feet msl (FERC 1984). However, the Project operates in a run-of-river mode with no useable storage capacity.

4.1.5 PROJECT DRAINAGE BASINS’ TRIBUTARY STREAMS

The Little Androscoggin River is the largest tributary of the Androscoggin River. The Little Androscoggin River itself has several tributaries that feed into it including: Bryant Pond, Thompson Lake, Andrews Brook, Black Brook, Cushman Stream, Meadow Brook, and Bog Brook (Maine Legislature, 1989).

4.1.6 CLIMATE

The project region experiences moderately cool summers and cold winters with moderate to heavy snowfall (FERC 1996). The National Weather Service monitoring station (USC00174566) located in Lewiston, Maine shows the shows the July air temperatures ranging from an average maximum high of just over 79°F to an average minimum low of 60°F. Overall average temperatures in July are approximately 70°F. The average maximum air temperature for January is 27°F while the average minimum air temperature for January is 8°F. Overall, average temperatures in January are approximately 18°F. The average total snowfall is 65.6 inches. The average annual total precipitation including the water equivalent of snow is 45.07 inches (NOAA, 2018).

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4.1.7 REFERENCES

Androscoggin Valley Council of Governments (AVCOG). 2011. Androscoggin County Hazard Mitigation Plan. [Online] URL: http://www.androscogginema.org/HazMit.pdf. Accessed April 8, 2018. Androscoggin Valley Council of Governments (AVCOG). 2005. Economic Development Strategy. Poland Maine[Online] URL: https://www.polandtownoffice.org/sites/polandme/files/uploads/landusemap.pdf [Accessed 7/23/2019] ENSR Corporation (ENSR). 2007. "Chapter 5 Androscoggin River Basin." Historic Flooding in Major Drainage Basins, Maine. [Online] URL: https://www.maine.gov/dacf/flood/docs/maineriverbasin/maineriverbasinreport_chap5.pd f. October, 2007. Accessed April 8, 2018. Federal Energy Regulatory Commission (FERC). 1984. Order Issuing License for Hackett Mills Hydroelectric Project (FERC No. 6398). 28 FERC ¶62,359. Issued August 22. 1983. Federal Energy Regulatory Commission (FERC). 1996. Final Environmental Impact Statement Lower Androscoggin River Basin Hydroelectric Projects Maine. July, 1996. Accessed November 6, 2013. Google Maps. 2019a. "Bryant Pond." Available online: https://www.google.com/maps/@44.198826,-70.5742317,10z [Accessed 7/23/19] Google Maps. 2019b. “Little Androscoggin Confluence with Androscoggin.” Available online: https://www.google.com/maps/@44.0890604,-70.2001614,12.16z [Accessed 7/23/19] Irland, Lloyd C. 1998. Maine's Forest Area, 1600-1995: Review of Available Estimates. [Online] URL: https://digitalcommons.library.umaine.edu/cgi/viewcontent.cgi?article=1033&context=ae s_miscpubs. Accessed April 8, 2018. Maine Legislature. 1989. MRS Title 38 §467. Classification of major river basins, Maine Revised Statutes. [Online] URL: http://www.mainelegislature.org/legis/statutes/38/title38sec467.pdf. Accessed April 8, 2018. Maine Rivers. 2018. Androscoggin A Brief History. [Online] URL: http://mainerivers.org/watershed-profiles/androscoggin-watershed/. Accessed April 8, 2018. National Oceanic and Atmospheric Administration, Coastal Change Analysis Program (NOAA C-CAP). 2006. Land Cover Atlas Androscoggin County, Maine. [Online] URL: https://coast.noaa.gov/ccapatlas/. Accessed April 8, 2018. National Oceanic and Atmospheric Administration, National Climate Data Center (NOAA NCDC). 2018. Summary of Monthly Normals 1981-2010 Lewiston, ME. [Online] URL: https://www.ncdc.noaa.gov/cdo-web/datatools/findstation. Accessed April 8, 2018. Town of Poland. Comprehensive Plan. 2008. Available online: https://www.polandtownoffice.org/sites/polandme/files/uploads/cp042808.pdf [Accessed 7/23/19]

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Town of Minot. Comprehensive Plan. 2006. Available online: http://minotme.org/vertical/Sites/%7B1666B81B-370A-463B-B8FB- 32BAA0E22AAF%7D/uploads/2006_Comp_PLan.pdf [Accessed 8/7/2019] U.S. Army Corps of Engineers (USACE). 2016. National Inventory of Dams Interactive Map. [Online] URL: http://nid.usace.army.mil/cm_apex/f?p=838:7:0::NO. Accessed April 8, 2018. U.S. Census. 2017a. QuickFacts: Androscoggin County, Maine. [Online] URL: http://quickfacts.census.gov/qfd/states/23/23001.html. Accessed April 8, 2018. U.S. Geological Survey (USGS). 2018a. USGS 01057000 Little Androscoggin River near South Paris, Maine. [Online] URL: http://waterdata.usgs.gov/me/nwis/uv/?site_no=01057000&PARAmeter_cd=00065,0006 0. Accessed April 8, 2018. U.S. Geological Survey (USGS). 2018b. USGS 01057000 Little Androscoggin River near South Paris, Maine Little Androscoggin River Basin. [Online] URL: http://water.usgs.gov/nwc/NWC/sw/man/S01057000.html. Accessed April 8, 2018. U.S. Geological Survey (USGS). 2018c. Feature Detail Report for: Little Androscoggin River. [Online] URL: http://geonames.usgs.gov/pls/gnispublic/f?p=gnispq:3:798291530516154::NO::P3_FID:5 69659. Accessed April 8, 2018.

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4.2 GEOLOGY AND SOILS

4.2.1 EXISTING GEOLOGICAL FEATURES

The State of Maine has been delineated into 15 biophysical regions, which are based on climate variables, topography and soil characteristics (MDIFW, 2015) (Figure 4-1). The Project is located in the Central Interior biophysical region of Maine. This area is identified by its flat to gently low rolling hills and heavily forested land. While most of the region is underlain by sedimentary and metamorphic bedrock, a sizeable granitic pluton does exist southwest of Androscoggin Lake. The northwest border of the region roughly follows the inland extent of the glacial submergence that occurred in the state, and therefore the lowlands of the lower Androscoggin valley is filled with glaciomarine clays and silts (MDIFW, 2015).

The general topography of the state is presented in Figure 4-1. The highest mountains in Maine are Mount Katahdin, at an elevation of 5,267 feet, followed by Sugarloaf Mountain, at 4,237 feet (MDACF, 2018). The topography of the project vicinity, Androscoggin County, is heavily forested with low, rolling hills. Androscoggin County contains 860 lakes and ponds as well as approximately 750 miles of rivers and streams (USGS, 2007). The tallest peak in Androscoggin County is Shackley Hill in town of Livermore. Shackley Hill is 11,222 feet high and is located approximately 23 miles north of the Project (Peakbagger, 2018).

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Project Location

FIGURE 4-1 GEOGRAPHICAL PROVINCES OF MAINE Source: Balazs, 2009 modified

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FIGURE 4-2 GENERAL TOPOGRAPHY OF MAINE Source: Geology.com 2018

4.2.2 BEDROCK GEOLOGY

Bedrock near the Project is composed primarily of stratified sedimentary, volcanic and metamorphic rocks as well as intrusive igneous rocks. Specifically, the bedrock in the vicinity of the Project includes gneiss, schist, granite, granodiorite and gabbro (MDACF, 2018) (Figure 4-3 and Figure 4-4).

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FIGURE 4-3 BEDROCK GEOLOGY OF MAINE Source: MDACF 2018

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4.2.3 SOILS

Maine soils were formed when the last glacier in Maine melted approximately 12,500 years ago and moved across the state in a northwest to southeasterly direction. Rock fragments and soil material were deposited as till, or as water-sorted sediments in streams, rivers, lake and the ocean (Figure 4-4). Land, depressed by the glacier, rebounded slowly, creating a complex pattern of soils derived from till, sediments, sands, and gravel (Ferwerda et. al, 1997).

Androscoggin County is composed of mainly loamy and sandy soils, formed mostly from granite, gneiss, metasandstone, schist. Additionally, some areas of Androscoggin County contain soils more clayey and loamier in nature. These soils are labeled as Skerry-Hermon-Monadnock- Colonel; Adams-Croghan-Naumburg; and Scantic-Lamoine-Buxton-Lyman (Ferwerda et. al, 1997).

Specifically, within the project area and immediate vicinity there is primarily loam, and sandy loam, as depicted in Figure 4-4 and Table 4-2.

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FIGURE 4-4 SOILS MAP OF THE STATE OF MAINE Source: Ferwerda et al. 1997

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FIGURE 4-5 SOILS SURROUNDING THE PROJECT

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TABLE 4-2 LIST OF SOILS BY TYPE, SIZE (ACRES), AND PERCENT IN THE VICINITY OF THE PROJECT SOIL TYPE SQUARE FEET PERCENTAGE Aab 714,320 14.1 Aac 467,348 9.2 Aad 69,026 1.4 Ha 264,536 5.2 HkC 166,731 3.3 Lk 1,901,871 37.4 NgB 383,744 7.5 Py 255,830 5 So 35,833 .7 Wa 332,287 6.5 Wn 494,772 9.7

4.2.4 (USDAD)

Generally, the soil surrounding the Project consists of fine, and sandy loam. The most common soil around the project is Charles silt loam and is primarily found around the Project impoundment. This soil series is generally poorly drained and is typically found in flood plains in broad depressions. These soils were formed in recent alluvial deposits (USDAa). The areas directly surrounding the dam consist of Adams loamy sand, and Ninigret fine sandy loam. The Adams series consists of very deep, excessively and somewhat excessively drained soils formed in glacial-fluvial or glacio-lacustrine sand. They are on outwash plains, deltas, lake plains, moraines, terraces, and eskers (USDAb). The Ninigret series consists of very deep, moderately well drained soils formed in loamy over sandy and gravelly glacial outwash. They are nearly level to strongly sloping soils on glaciofluvial landforms, typically in slight depressions and broad drainage ways (USDAc). In conclusion this Project is surrounded by sandy and silty loam.

4.2.5 RESERVOIR SHORELINE AND STREAMBANK CONDITIONS

As discussed above, soils immediately surrounding the Project are primarily composed of sandy loam, and silty loam (USDAd). Slopes range from 0 to 30 percent but are primarily between 0 and 15 percent. Just upstream of the dam, soils along the shoreline are composed of Charles silt loam, with 0 to 2 percent slopes. These soils are poorly drained and typically found in flood plains. Various other, more well drained sandy and silty loams are also found in sections above the dam. Downstream of the dam, soils are predominantly Adams loamy sand varying between 0

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and 30 percent slope. These soils are somewhat excessively drained, with slow to medium runoff.

Shorelines immediately surrounding the project impoundment are heavily forested, with some residential and agricultural areas. Slopes are generally very gentle along the impoundment. Downstream of the dam, the streambank and riverbed are primarily composed of rock and sand. Shorelines are relatively steep in the immediate vicinity of the dam and continue to be steep along the bypass reach.

4.2.6 EROSION

According to the 2010 State Hazard Mitigation Plan, all areas in Maine are susceptible to erosion, due to farming and crop cultivation throughout the state. Erosion can also occur in the area because of hurricanes, flooding, and wildfires, among other reasons (MDDVEM, 2010).

The Natural Resources Conservation Survey has assessed the susceptibility of the soils surrounding the Project to erosion caused by water including rainfall and stormwater run-off. Factor K estimates are based primarily on percentage of silt, sand, and organic matter and on soil structure and saturated hydraulic conductivity with values ranging from 0.02 to 0.69; the larger value indicating greater susceptibility to sheet and rill erosion by water. The Factor K values for the soils surrounding the Project range from 0.1 (Hinckley gravelly sandy loam) to 0.43 (Charles silt loam, Winooski silt loam, and Hadley silt loam), indicating a moderate susceptibility to erosion from water. However, the majority of these soils are along the impoundment, which has relatively stable elevations from run-of-river operations. Downstream of the dam, the majority of soils are from the Adams series, which has a lesser K factor and the bypass reach is armored with bedrock (USDAd). The shoreline surrounding the Project is also heavily forested, which aids in stabilizing the banks.

4.2.7 REFERENCES

Maine Department of Agriculture, Conservation and Forestry (MDACF). 2018. Maine Geological Survey. [Online] URL: http://www.maine.gov/dacf/mgs/pubs/online/bedrock/state.htm Accessed April 8, 2018. Balazs, Emma E. 2009. Atlas of Maine. [Online] URL: https://digitalcommons.colby.edu/cgi/viewcontent.cgi?referer=https://www.google.com/ &httpsredir=1&article=1002&context=atlas_docs. Accessed April 8, 2018.

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Geology.com. 2018. Maine Map Collection. [Online] URL: https://geology.com/state- map/maine.shtml. Accessed April 8, 2018. Maine Department of Defense, Veterans, and Emergency Management (MDDVEM). 2010. 2010 State Hazard Mitigation Plan. [Online] URL: http://www.maine.gov/mema/mitigation/mema_mit_plans.shtml. Accessed April 8, 2018. Ferwerda, John A., Kenneth J. LaFlamme, Norman R. Kalloch, Jr. and Robert V. Rourke. (1997). The Soils of Maine. University of Maine, Agricultural and Forest Experiment Station. [Online] URL: http://www.umaine.edu/mafes/elec_pubs/miscrepts/mr402.pdf Accessed April 8, 2018. Maine Department of Inland Fisheries and Wildlife (MDIFW). 2015. Maine’s Wildlife Action Plan. [Online] URL: http://www.maine.gov/ifw/wildlife/reports/pdfs/2015%20ME%20WAP%20Front_DRAF T.pdf l. Accessed April 8, 2018. U.S. Geological Survey (USGS). 2007. Scoping of Flood Hazard Mapping Needs for Androscoggin County, Maine. [Online] URL: http://pubs.usgs.gov/of/2007/1131/ofr_2007_1131.pdf. Accessed April 8, 2018. Peakbagger.com (Peakbagger). 2018. Shackley Hill, Maine. [Online] URL: http://www.peakbagger.com/peak.aspx?pid=6715. Accessed April 8, 2018. United States Department of Agriculture (USDAa). 2019. Charles Series. Available online. https://soilseries.sc.egov.usda.gov/OSD_Docs/C/CHARLES.html . (Accessed August 5, 2019) United States Department of Agriculture (USDAb). 2019. Adams Series. Available online. https://soilseries.sc.egov.usda.gov/OSD_Docs/A/ADAMS.html . (Accessed August 5, 2019) United States Department of Agriculture (USDAc). 2019. Ninigret Series. Available online. https://soilseries.sc.egov.usda.gov/OSD_Docs/N/NINIGRET.html. (Accessed August 5, 2019) United States Department of Agriculture (USDAd). 2019. Web soil survey. Available online. https://websoilsurvey.sc.egov.usda.gov/App/WebSoilSurvey.aspx. (Accessed August 5, 2019)

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4.3 WATER RESOURCES

4.3.1 DRAINAGE AREA

The Hackett Mills Project is approximately 9.7 river miles upstream of the confluence of the Little Androscoggin River with the Androscoggin River. The Little Androscoggin River watershed (HUC10 0104000209) is a sub-watershed of the Androscoggin River watershed. The drainage area of the 52-mile-long Little Androscoggin River is approximately 360 square miles; the drainage area at the Hackett Mills Project is approximately 312 square miles (Synergics, Inc. 1983; USGS 2019a).

4.3.2 STREAMFLOW, GAGE DATA, AND FLOW STATISTICS

River flow data for the Hackett Mills Project was generated from USGS gage No. 01057000 (Little Androscoggin River near South Paris, Maine) for the period January 1989 to December 2018 (USGS 2019b). The USGS gage is approximately 32 river miles upstream of the Hackett Mills Project. Data from the South Paris gage were pro-rated by a factor of 4.2 to account for the additional drainage area at the Hackett Mills Project.

The mean, median, minimum, and maximum annual river flows of the Little Androscoggin River at the Hackett Mills Project are estimated to be 611 cfs, 313 cfs, 3 cfs, and 14,072 cfs, respectively (Table 4-3). The maximum monthly average flow (1,799 cfs) typically occurs in April, and the minimum monthly average flow (163 cfs) is typically in September. Annual and monthly flow duration curves for the Hackett Mills Project are presented in Appendix D.

TABLE 4-3 MEAN, MEDIAN, MINIMUM, AND MAXIMUM RIVER FLOWS BY MONTH FOR THE HACKETT MILLS PROJECT (JANUARY 1989 TO DECEMBER 2018). MEAN FLOW MEDIAN FLOW MINIMUM MAXIMUM FLOW MONTH (CFS) (CFS) FLOW (CFS) (CFS) January 448 301 76 6,739 February 355 255 75 3,883 March 852 526 85 8,350 1,79 April 9 1,242 183 11,868 May 807 598 64 14,072 June 559 296 31 13,775 July 298 127 13 5,637 August 229 72 4 6,146

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MEAN FLOW MEDIAN FLOW MINIMUM MAXIMUM FLOW MONTH (CFS) (CFS) FLOW (CFS) (CFS) September 163 59 3 7,672 October 468 208 11 8,265 November 676 462 55 9,071 December 679 410 79 10,681 Annual 611 313 3 14,072 Source: USGS 2019b

4.3.3 EXISTING AND PROPOSED USES OF WATER

The Little Androscoggin River is used for hydroelectric power generation, wastewater assimilation, recreation, and aquatic habitat. There are six dams on the mainstem Little Androscoggin River and several tributary dams. In addition to the Hackett Mills Project, there are four dams on the Little Androscoggin River that are used for are used for hydroelectric power generation (Lower Barker Project, Upper Barker Project, Mechanic Falls Project, Biscoe Falls Project) (USACE 2018).

There are five permitted discharges to the Little Androscoggin River; there are no discharges within the Hackett Mills project boundary (MDEP 2019a). The closest discharge is the Mechanic Falls Wastewater Treatment Facility (MEPDES Permit #ME0100391) approximately 4.6 river miles upstream of the Hackett Mills dam. The other four discharges are the Paris Utility District Wastewater Treatment Facility (MEPDES Permit #ME0100951), the Norway Wastewater Treatment Facility (MEPDES Permit #ME0100455), the Town of Oxford Wastewater Treatment Facility (MEPDES Permit #ME0102873), and Pioneer Plastics Corporation (MEPDES Permit #ME0000540)

4.3.4 EXISTING INSTREAM FLOW USES

Hackett Mills Hydro operates the Hackett Mills Project in run-of-river mode where outflow from the powerhouse is approximately equal to inflow. Run-of-river operations minimize water level fluctuations in the impoundment; protect water quality, fishery, wildlife, and visual resources; and provide stable river flows downstream. Hackett Mills Hydro is proposing no changes to operations that would affect other water users in the Project area.

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4.3.5 EXISTING WATER RIGHTS

Hackett Mills Hydro holds all the flowage easements necessary to operate the Project.

4.3.6 RESERVOIR CHARACTERISTICS

The Hackett Mills Project has a 60-acre reservoir with a gross storage capacity of approximately 480 acre-feet at elevation 235 feet msl (FERC 1984). The impoundment extends upstream approximately 5 river miles from the Hackett Mills dam. The shoreline length along the project boundary is approximately 8.7 miles. According to FEMA flood maps, the depth of the impoundment varies between approximately 10 to 18 feet (FEMA 2013).

4.3.7 GRADIENT OF DOWNSTREAM REACHES

The tailwater elevation of the Hackett Mills dam is 219 feet (Synergics, Inc. 1983). The stream bed elevation of the next downstream dam (the Upper Barker Project2) is approximately 176 feet (NAVD 1988) (FEMA 2013). Therefore, the Little Androscoggin River drops 43 feet, or approximately 0.1 percent, over the approximately 8.5 river miles (44,880 feet) between the two dams.

4.3.8 FEDERALLY-APPROVED WATER QUALITY STANDARDS

Maine statute 38 MRSA §464-470 establishes the state of Maine’s classification system for surface waters. The lower section of the Little Androscoggin River from South Paris, Maine, to the confluence with the Androscoggin River is a Class C waterway (Maine Legislature 1989). The quality of Class C waters must support the designated uses of drinking water supply after treatment, fishing, agriculture, recreation in and on the water, industrial process and cooling water supply, hydroelectric power generation, and habitat for fish and other aquatic life. Discharges in Class C waterways are permitted to cause some changes to aquatic life, provided that the receiving waters remain of sufficient quality to support all species of fish indigenous to the receiving waters and to maintain the structure and function of the resident biological community (Maine Legislature 1989). The state of Maine has established and proposed Class C water quality standards for several parameters (Table 4-4).

2 Another dam near Gardiner Brook is present between Hackett Mills and Upper Barker but it is partially breached.

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TABLE 4-4 ESTABLISHED AND PROPOSED MAINE WATER QUALITY STANDARDS FOR SELECT PARAMETERSA

WATER PARAMETER CRITERIA CLASSIFICATION >5 mg/L or 60% saturation; 30-day Dissolved Oxygen average of 6.5 mg/L in salmonid Class C spawning areas Ironb 1000 µg/L or 1 mg/L Statewide Chlorideb 230,000 µg/L or 230 mg/L Statewide Aluminumb 87 µg/L or 0.087 mg/L Statewide Total Phosphorusc ≤ 33 µg/L (0.033 mg/L) Class C Water Column Chlorophyll-ac ≤ 8 µg/L (0.008 mg/L) Class C Secchi Disk Depthc ≥ 2.0 m Class C pHc 6.0 – 8.5 Class C aMaine Legislature 1989 bMDEP 2012a values refer to the criterion continuous concentration which is an estimate of the highest concentration of the substance in surface water to which an aquatic community can be exposed indefinitely without resulting in an unacceptable effect. cMDEP 2012b

4.3.9 BASELINE WATER QUALITY MONITORING

Hackett Mills Hydro monitored dissolved oxygen (DO), water temperature, total phosphorus, and chlorophyll-a at two sites at the Hackett Mills Project from August 23 to September 30, 2016, in consultation with MDEP for LIHI certification (HMHA2017). Water temperature and DO were monitored hourly, and total phosphorus and chlorophyll-a were sampled once per week. One of the sampling sites was approximately 240 feet upstream of the dam, and the other site was approximately 750 feet downstream of the dam. The DO concentration and percent saturation were above the standard for Class C waters (5 mg/L or 60 percent saturation) most of the study period with the exception of 15 hours on September 10-11 at the upstream site and 9 hours on August 26-27 and one hour on August 29 at the downstream site (Table 4-5) (HMHA 2017). Chlorophyll-a was below the state standard in all samples. Total phosphorus was below the state standard except on August 11 (Table 4-5).

In addition, Hackett Mills Hydro installed rock bag samplers to collect benthic macroinvertebrates approximately 1,000 feet downstream of the Hackett Mills dam from July 27 to August 23, 2016 (HMHA 2017). The benthic macroinvertebrate monitoring demonstrated that the community downstream of the Hackett Mills dam attained Class B aquatic life standards

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which is one statutory class above Class C (HMHA 2017). At the time of benthic macroinvertebrate sampler deployment on July 27, 2016, the water temperature was 24.5ºC and DO was 7.1 mg/L. When the samplers were retrieved on August 23, 2016, the temperature was 21.9ºC and DO was 7.8 mg/L (MDEP 2019b). The DO concentration exceeded the 5 mg/L standard on both occasions.

TABLE 4-5 WATER QUALITY MONITORING RESULTS COLLECTED AUGUST 23 TO SEPTEMBER 30, 2016, AT THE HACKETT MILLS PROJECT. DATE PARAMETER UPSTREAM DOWNSTREAM Ranges measured DO (mg/L) 4.2-7.7 4.4-9.5 August 23 – DO Percent Saturation 46.5-89.4 49.8-93.9 September 30 Water Temperature (ºC) 15.3-23.1 14.4-21.5

Chlorophyll-a (mg/L) 0.0032 0.0022 July 21 Total phosphorus (µg/L) 23 22 Chlorophyll-a (mg/L) 0.0042 0.0048 August 11 Total phosphorus (µg/L) 34 57 Chlorophyll-a (mg/L) 0.0060 0.0038 August 25 Total phosphorus (µg/L) 31 26 Chlorophyll-a (mg/L) 0.0076 0.0031 September 9 Total phosphorus (µg/L) 33 24 Chlorophyll-a (mg/L) 0.0074 0.0022 September 21 Total phosphorus (µg/L) 25 23 Source: HMHA 2017

The MDEP Biological Monitoring Program (BMP) monitors benthic macroinvertebrate communities at multiple stations throughout the state to evaluate attainment with aquatic life standards. Several water quality parameters are measured at the time of installation and retrieval of the macroinvertebrate samplers. The BMP has monitored a site in the Little Androscoggin River 0.8 RM downstream of the Hackett Mills dam and two sites upstream (7.3 and 11.8 RM upstream of the dam); pertinent results from this monitoring are shown in Table 4-6 (MDEP 2019b). Dissolved oxygen ranged from 7.3 mg/L to 9.4 mg/L, and thus exceeded the Class C standard (5 mg/L) (Table 4-6). The pH was in attainment with the Class C standard (6.5 to 8.0) except at S-1001 on August 19, 2013. The total phosphorus results also demonstrated attainment with the state standard (0.033 mg/L). Furthermore, based on the benthic macroinvertebrate

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results, the monitoring sites attained Class C aquatic life standards or higher (i.e., Class A or Class B in 2008, 2014, 2015, and 2018) (Table 4-6) (MDEP 2019b). The site closest to the Project (S-1033) met Class B standards based on the benthic macroinvertebrate community composition (Table 4-6).

TABLE 4-6 MDEP WATER QUALITY MONITORING DATA COLLECTED NEAR THE HACKETT MILLS PROJECT

TOTAL TOTAL TEMPERATURE DO DO PERCENT CONDUCTIVITY ATTAINMENT DATE PH PHOSPHORUS ALKALINITY (⁰C) (MG/L) SATURATION (µS/CM) CLASS (MG/L) (MG/L) S-1001 11.8 RM upstream 7/16/2013 24.8 8.0 ‒ 6.32 ‒ ‒ 55 C 8/19/2013 22.2 7.5 ‒ 5.83 0.011 ‒ 47 7/19/2018 21.9 8.7 98.4 7.09 ‒ ‒ 128.2 A 8/16/2018 24.8 8.9 107.0 6.98 ‒ ‒ 113.1 S-122 7.3 RM upstream 7/14/2008 22.4 7.3 ‒ 6.28 ‒ ‒ 80 B 8/22/2008 18.7 9.4 ‒ 6.19 ‒ ‒ 86 S-1033 0.8 RM downstream 7/14/2014 25.0 7.9 ‒ 7.14 ‒ ‒ 83 7/22/2014 22.2 7.4 ‒ 6.06 0.020 15 97 B 8/12/2014 22.3 8.4 ‒ 6.9 0.017 ‒ 84 7/15/2015 23.6 7.8 93.5 7.13 0.019 17 98.5 Source: MDEP 2019b

4.3.10 REFERENCES Hackett Mills Hydro Associates, LLC (HMHA). 2017. Hackett Mills Hydroelectric Project Water Quality Report 2016, Little Androscoggin River, Minot, Maine. Prepared by TRC, January 2017. Federal Emergency Management Agency (FEMA). 2013. Flood Insurance Study Number 23001CV002A: Androscoggin County, Maine. Available online: https://msc.fema.gov/portal/availabilitySearch?addcommunity=230001&communityNam e=AUBURN, CITY OF#searchresultsanchor [Accessed August 6, 2019]. Federal Energy Regulatory Commission (FERC). 1984. Order Issuing License (Minor). Hackett Mills Project. Project No. 6398. Issued September 12, 1984. Maine Legislature. 1989. MRSA Title 38 §464-470. Classification of major river basins, Maine Revised Statutes. Available online: http://legislature.maine.gov/statutes/38/title38sec467.html [Accessed August 6, 2019]. Maine Department of Environmental Protection (MDEP). 2012a. Chapter 584 Surface Water Quality Criteria for Toxic Pollutants. July 29, 2012. Available online: http://www.maine.gov/dep/water/wqs/index.html [Accessed August 12, 2019].

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Maine Department of Environmental Protection (MDEP). 2012b. Draft Chapter 583 Nutrient Criteria for Surface Waters. June 12, 2012. Available online: https://www.maine.gov/dep/water/nutrient-criteria/index.html [Accessed August 12, 2019]. Maine Department of Environmental Protection (MDEP). 2019a. DEP Interactive Maps and Data. Wastewater Facilities, Outfalls, and CSO’s. Available online: http://www.maine.gov/dep/gis/datamaps/index.html [Accessed August 8, 2019]. Maine Department of Environmental Protection (MDEP). 2019b, Biological Monitoring Program Data and Maps. Available online: https://www.maine.gov/dep/water/monitoring/biomonitoring/data.html [Accessed 9, 2019]. Synergics, Inc (1983). Hackett Mills Project. Application for License. Minor Water Power Project. Project No. 6398. United States Army Core of Engineers (USACE). 2018. National Inventory of Dams. Available online: https://nid.sec.usace.army.mil/ords/f?p=105:22:3125324297968::NO::: [Accessed August 8, 2019]. United States Geological Survey (USGS). 2019a. StreamStats. Available online: https://streamstats.usgs.gov/ss/ [Accessed August 6, 2019]. United States Geological Survey (USGS). 2019b. USGS 01057000 Little Androscoggin River near South Paris, Maine. Available online: https://waterdata.usgs.gov/me/nwis/uv/?site_no=01057000&agency_cd=USGS [Accessed August 8, 2019].

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4.4 FISH AND AQUATIC RESOURCES

4.4.1 FISH SPECIES AND HABITATS

4.4.1.1 DIADROMOUS FISH SPECIES

Diadromous fish species within the Little Androscoggin River include American eel and sea-run alewives. The run of alewives in the Little Androscoggin River is heavily dependent on active trap and truck management program undertaken by the Maine Department of Marine Resources (MDMR). MDMR stocks river herring into eight lakes and ponds in the Little Androscoggin River watershed at a target rate of 14.8 fish per hectare (i.e., 6 fish per acre) (MDMR 2017). Two of the stocked ponds are upstream of the Hackett Mills Dam (i.e., Lower Range Pond and Marshall Pond,) (MDMR 2010; MDMR 2017). During recent years (i.e., 2007-2017), these habitats have typically attained or exceeded their target stocking density of 14.8 fish per hectare (Table 4-7). Other lakes and ponds historically stocked by MDMR in the Little Androscoggin River include Thompson Lake, Tripp Lake, Hogan Pond, and Whitney Pond (MDMR 2010). Hogan Pond, Whitney Pond, and Thompson Pond are no longer stocked with herring because of legislative restrictions or current fisheries management objectives do not support the effort. None of the 8 dams on the Little Androscoggin River have upstream passage facilities; downstream passage measures are in place at some of the dams, including the Hackett Mills Project, Upper Barker Project, Lower Barker Project, and Marcal Project. The provision of downstream passage by Hackett Mills Hydro allows for adult alewives that are stocked by MDMR and juvenile alewives to pass downstream in the summer and fall. In 1992 the licensee conducted a downstream fish passage monitoring study. During this study approximately 1100 alewives were removed from the bypass sluice nets and schools of alewives were observed at the base of the dam and power canal. There have been no fisheries surveys since then regarding the Hackett Mills Project. A FERC Environmental Inspection was conducted on September 29, 2010. Based on a file review and field observations by John Mark, Environmental Protection Specialist (FERC), the licensee was in compliance with downstream fish passage standard license requirements (FERC 2010).

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TABLE 4-7 ANNUAL RIVER HERRING STOCKING RECORDS FOR THE LITTLE ANDROSCOGGIN RIVER

STOCKING LOCATION

YEAR LOWER MARSHALL TAYLOR TOTAL RANGE POND POND POND RELEASE 1983 0 312 2,126 2,438 1984 217 499 2,626 3,342 1985 1,505 504 2,502 4,511 1986 1,364 514 3,846 5,724 1987 0 633 3,907 4,540 1988 1,768 522 3,672 5,962 1989^ 1,821 1,308 3,807 6,936 1990 2,085 595 2,261 4,941 1991 1,720 650 3,770 6,140 1992 1,718 600 3,207 5,525 1993 911 617 1,625 3,153 1994 1,745 593 4,068 6,406 1995^ 1,669 1,592 3,593 6,854 1996 1,793 689 3,779 6,261 1997 1,723 711 2,810 5,244 1998^ 1,852 930 4,336 7,118 1999 0 0 2,489 2,489 2000 1,748 612 3,801 6,161 2001^ 1,889 612 4,225 6,726 2002 1,595 609 1,477 3,681 2003 1,033 0 3,835 4,868 2004 1,654 612 3,731 5,997 2005 0 0 0 0 2006^ 3,999 1,629 3,875 9,503 2007^ 3,699 1,497 7,996 13,192 2008^ 2,499 1,499 4,500 8,498 2009^ 1,968 1,148 4,517 7,633 2010 1,327 1,272 3,232 5,831 2011^ 1,493 1,527 4,317 7,337 2012^ 1,616 1,453 4,318 7,387 2013 1,552 0 0 1,552 2014^ 1,506 1,117 4,080 6,703 2015^ 2,186 1,496 4,555 8,237 2016^ 2,481 1,499 4,496 8,476 Total 54,136 27,851 117,379 199,366 ^ total attains or exceeds stocking goal of 14.8 fish/ha (i.e., 6 fish/acre) for the Little Androscoggin River. Source: personal communication, Gail Wippelhauser and Mike Brown, MDMR.

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AMERICAN EEL

In general, few American eels have been documented recently in the Androscoggin River (MBI 2006; MDMR 2016; Miller Hydro Group 2013, 2014). Since 2011, the Licensee of the Worumbo Project has installed an upstream eel ladder annually to pass juvenile American eels. In 2012 and 2013, 17 and 131 eels were captured in the eel ladder at the Worumbo Project, respectively (Miller Hydro Group 2013, 2014); 403 75 mm to 175 mm (3-inch to 7-inch) eels were caught between June 16 and September 1, 2015 (MDMR 2016). There are no other upstream eel passage systems on the Androscoggin River or on any of the Little Androscoggin River dams (MDMR 2017).

4.4.2 EXISTING FISH PASSAGE MEASURES

The Hackett Mills project provides downstream passage of fish, consisting of angled trashracks (3 inches at a 45 degree angle, 2.25 inch clear spacing), a fishway entrance, and a sluiceway discharging into a plunge pool in the bypassed reach. According to the 2010 FERC Environmental Inspection the downstream fish passage facilities appeared to be in good condition. The Licensee is required to pass a minimum flow of 60 cfs from March 31 through November 1, and 30 cfs minimum flow at all other times, for the protection and enhancement of fish and wildlife resources in the bypass reach (FERC 2010).

4.4.3 RESIDENT FISH

Recreational fisheries for coldwater and warmwater fish species exist in the Little Androscoggin River watershed. MDIFW annually stocks approximately 4,000 brown trout and rainbow trout (7 to 11 inches) between the Auburn Maine and Minot Maine in the little Androscoggin River. (MDIFW 2019) (Table 4-8). In 2018 the MDIFW additionally stocked 10,000 rainbow trout smolts in the Poland section of river. Those same trout species, as well as landlocked salmon, are also stocked in Lower Range Pond, Middle Range Pond, Upper Range Pond, Thompson Lake, Tripp Pond, Worthley Pond, Pennesseewassee Lake, and Little Pennesseewassee Lake.

TABLE 4-8 STOCKING RECORDS FOR THE LITTLE ANDROSCOGGIN RIVER, MINOT, MECHANIC FALLS, POLAND, AND AUBURN, 2015-2018. YEAR BROWN RAINBOW GRAND TOTAL 2015 2050 2050 4100

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YEAR BROWN RAINBOW GRAND TOTAL 2016 2450 1804 4254 2017 2050 1740 3790 2018 2152 12050 14202 Source: MDIFW 2019

Within stocking areas, the main objectives according to the Draft Fisheries Management Plan for the Lower Androscoggin river, Little Androscoggin River, and Sabattus river are as follows; provide recreational angling opportunities for freshwater sports fisheries, and protect wild Brook Trout, maintain and enhance angling opportunities for freshwater salmonids, continue annual trout stocking programs on the Little Androscoggin, maintain or improve existing habitat quality and connectivity to support life stage history requirements of wild and stocked fisheries, and to limit the distribution and spread of northern pike (MDMR 2017). Anglers can access the Little Androscoggin River downstream the Hackett Mills area from a trail on the south west side of the project which runs parallel to the Little Androscoggin River beginning at the parking area on the west side of the dam.

4.4.4 AQUATIC HABITAT

The Hackett Mills impoundment has a surface area of approximately 60 acres and extends upstream approximately 5 river miles and ranges in width from approximately 115 to 250 feet with a maximum depth of approximately 20 to 23 feet near the dam (FEMA 2012). Hackett Mills Hydro operates the Hackett Mills Project in a run-of-river mode to minimize the effects of operational flow fluctuations on downstream aquatic resources and shoreline aquatic habitats. The impoundment is generally lacustrine in character (i.e., narrow and slow-moving channel). The area downstream of the Hackett mills Project is riverine with pools and riffles for approximately 1000 feet before it opens up into a more lacustrine section of river.

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PHOTO 4-1 PROJECT IMPOUNDMENT

PHOTO 4-2 PROJECT BYPASS

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4.4.5 CRITICAL HABITAT

Atlantic salmon are a federally endangered species protected under the Endangered Species Act (ESA) (NMFS 2009). Critical habitat includes areas occupied by ESA-listed species, areas that may require special management considerations or protection, or areas that have been determined to be essential for the conservation of the species. As described in Section 4.6.2, Atlantic salmon in the Androscoggin River are part of the Merrymeeting Bay Salmon Habitat Recovery Unit (SHRU); however, the Little Androscoggin River is not classified as critical habitat (i.e., critical to the recovery of the species) (NMFS 2009).

4.4.6 ESSENTIAL FISH HABITAT

NMFS identifies essential fish habitat (EFH) for fish species that are commercially-managed under the Magnuson-Stevens Fishery Conservation and Management Act. EFH is defined as the “habitat necessary for managed fish species to complete their life cycle such that the fishery can be harvested sustainably.” The Little Androscoggin River is considered EFH for Atlantic salmon (NMFS 1998, 2016).

4.4.7 BENTHIC MACROINVERTEBRATES

The MDEP sampled the macroinvertebrate communities one at two sites directly downstream of the Hackett Mills project at station 344, and 2-1104. Site 344 which is located directly in the Hackett Mills bypass reach was sampled in 1998 and was given a final determination of statutory class A, which is two classes higher than the designated statutory class for this section of river. Site S-1104 was sampled in 2016 and is approximately 1055 feet downstream of the Hackett Mills project and 8.3 river miles upstream of the Upper Barker dam (MDEP 2016). MDEP concluded that the macroinvertebrate communities at S-1104 met Class B aquatic life standards, which is one statutory class higher than the designated class (Class C) for this reach of the Little Androscoggin River.

Freshwater mussels play an important role in aquatic ecosystems by filtering water, cycling nutrients, providing structure to the benthic environment, and serving as a food source (Swartz and Nedeau 2007). There are ten native freshwater mussel species known to occur in Maine, of which six have been observed in the Little Androscoggin River (Nedeau et al., 2000; Table 4-9). The creeper is listed as a species of special concern in Maine (MDIFW 2018).

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TABLE 4-9 FRESHWATER MUSSELS KNOWN TO OCCUR IN THE LITTLE ANDROSCOGGIN RIVER. COMMON NAME SCIENTIFIC NAME Eastern elliptio Elliptio complanata Eastern floater Pyganodon cataracta Eastern lampmussel Lampsilis radiate radiata Eastern pearlshell Margaritifera Triangle floater Alasmidonta undulata Creeper Strophitus undulatus Source: Nedeau et al., 2000.

4.4.8 AMPHIBIAN AND AQUATIC REPTILE SPECIES

Nine common amphibian species and six common aquatic reptiles are known to occur in the region and have life history requirements that could result in their use of the riverine or lacustrine habitat found within the Hackett Mills Project area (Table 4-10). Three species of salamander (yellow-spotted salamander, eastern newt, and two-lined salamander) inhabit both aquatic and terrestrial habitat. Six species of frogs and toads may occur and require use of aquatic habitat. The primarily aquatic or semi-aquatic reptilian species include the snapping turtle and painted turtle. Four species of snake (redbelly, common garter, ringneck, and northern water snake) may make limited use of riparian areas for shelter and feeding, or in the case of the northern water snake, the impoundment itself (Hunter 1999).

TABLE 4-10 AMPHIBIAN AND AQUATIC REPTILE SPECIES KNOWN TO OR WITH THE POTENTIAL TO OCCUR WITHIN THE PROJECT AREA OR PROJECT VICINITY.

COMMON NAME SCIENTIFIC NAME Amphibians Yellow spotted salamander Ambystoma maculatum Eastern newt Notophthalmus viridescens Two-lined salamander Eurycea bislineata American toad Bufo americanus Spring peeper Pseudacris crucifer Bullfrog Rana catesbeiana Green frog Rana clamitans Pickerel frog Rana palustris Wood frog Rana sylvatica Reptiles Painted turtle Chrysemys picta

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COMMON NAME SCIENTIFIC NAME Snapping turtle Chelydra serpentine Ringneck snake Diadophis punctatus Northern water snake Nerodia sipedon Redbelly snake Storeria occipitomaculatum Common garter snake Thamnophis sirtalis Source: Hunter 1999; Degraaf 2001; MDIFW 2005

In summary, existing fisheries, aquatic, benthic macroinvertebrate, and water quality data (described in Section 4.3), along with run-of-river operations, the provision of downstream passage, and opportunities for anglers and recreationists, demonstrate that the Hackett Mills Project likely has minimal effects on existing fish and aquatic resources in the Hackett Mills Project area. Furthermore, there are no proposed changes to existing operations or project facilities; therefore, there will be no construction or changes to the project facilities that would affect aquatic resources.

4.4.9 REFERENCES

DeGraaf, R.M. and Yamasaki. 2001. New England Wildlife: Habitat, natural history and distribution. 2nd edition. Hanover, NH: University Press of New England. 482 pp. Federal Emergency Management Agency (FEMA). 2012. Flood Insurance Study: Androscoggin County. [Online] URL: http://www.starr- team.com/starr/RegionalWorkspaces/RegionI/AndroscogginMEriverine/Preliminary%20 Maps/Preliminary%20Flood%20Insurance%20Study%20(FIS)/23001CV002A.pdf. Accessed February 12, 2018. Federal Energy Regulatory Commission (FERC 2010). 2010. Environmental Inspection Report, Hackett Mills Project (FERC# p-6398). Available online. (https://elibrary.ferc.gov/idmws/common/opennat.asp?fileID=12745319). [Accessed 8/1/19] Maine Department of Marine Resources (MDMR). 2016. Anadromous Fish Restoration in the Androscoggin River Watershed. May 2016. Hunter, M. L., Aram J. K. Calhuon, and M. McCollough. 1999. Maine Amphibians and Reptiles. The University of Maine Press, Orono, Maine. 252 pp. Maine Department of Environmental Protection (MDEP). 2016. Biological Monitoring Program. Station S-1104 Little Androscoggin River Log Number 2520. Accessed August 1, 2019. [Online] http://www.maine.gov/dep/water/monitoring/biomonitoring/data.htm. Maine Department of Inland Fisheries and Wildlife (MDIFW). 2019. Current Stocking Information. [Online] URL: https://www.maine.gov/ifw/fishing-boating/fishing/fishing- resources/fish-stocking-report.html Accessed August 8,2019.

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Maine Department of Inland Fisheries and Wildlife (MDIFW). 2018. Species of Special Concern. [Online] URL: http://www.maine.gov/ifw/fish-wildlife/wildlife/endangered- threatened-species/special-concern.html. Accessed February 9, 2018 Maine Department of Inland Fisheries and Wildlife (MDIFW). 2005. Maine’s Comprehensive Wildlife Conservation Strategy. [Online] URL: http://www.maine.gov/ifw/wildlife/reports/wap.html. Accessed November 25, 2013. Maine Department of Marine Resources (MDMR). 2010. Androscoggin River Anadromous Fish Restoration Program Report - 2010. Maine Department of Marine Resources (MDMR). 2016. Androscoggin River Project. [Online] URL: http://www.maine.gov/dmr/science-research/searun/programs/androscoggin.html. Accessed July 8, 2016. Maine Department of Marine Resources (MDMR) and Maine Department of Inland Fisheries and Wildlife (MDIFW). 2017. Draft Fisheries Management Plan for the Lower Androscoggin River, Little Androscoggin River and Sabattus River. September 2017. Accessed February 9, 2018. [Online]http://www.auburnmaine.gov/CMSContent/Planning/Rivers_and_Hydropower/1 1_2017%20Docs/2017%20Draft%20Fisheries%20Management%20Plan%20for%20the %20Lower%20Andro,%20Little%20Andro%20and%20Sabattus%20Rivers.pdf Midwest Biodiversity Institute (MBI). 2006. The Spatial and Relative Abundance Characteristics of the Fish Assemblages in Three Maine Rivers: 2002 and 2003. Technical report MBI/12-05-1. September 1, 2006. Miller Hydro Group. 2013. Worumbo Project Annual Fish Passage Status Report. July 29, 2013. Miller Hydro Group. 2014. Worumbo Project Annual Fish Passage Status Report. July 11, 2014. National Marine Fisheries Service (NMFS). 1998. Essential Fish Habitat Description Atlantic salmon (Salmo salar). [Online] URL: http://www.nero.noaa.gov/hcd/salmon.pdf. Accessed July 8, 2016. National Marine Fisheries Service (NMFS). 2009. Endangered and Threatened Species; Designation of Critical Habitat for Atlantic Salmon (Salmo salar) Gulf of Maine Distinct Population Segment; Final Rule. Volume 74, No. 117 29300. National Marine Fisheries Service (NMFS). 2016. Essential Fish Habitat (EFH) Mapper. [Online] URL: http://www.habitat.noaa.gov/protection/efh/efhmapper/. Accessed July 22, 2016. Nedeau, J., McCollough, M.A., and Swartz, B. 2000. The Freshwater Mussels of Maine. Maine Department of Inland Fisheries and Wildlife, Augusta. 118 pp. Swartz, B. I., and E. Nedeau. 2007. Freshwater Mussel Assessment. Accessed November 2, 2017. [Online] http://www.maine.gov/ifw/docs/FWMussel_speciesassessment.pdf.

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4.5 CULTURAL RESOURCES

4.5.1 HISTORY OF THE PROJECT VICINITY

The State of Maine’s cultural history began during the Paleo-Indian Period around 11,500 years before present (YBP). As early as the 1490s, Native Americans, the ancestors of today’s Abenaki Indians, settled and travelled along the Androscoggin River (Bethel Historical Society, 2007). The Anasagunticooks or Androscoggin tribe of the Abenakis occupied the Merrymeeting Bay valley including the project vicinity with their chief stronghold located on Laurel Hill, Auburn, located east of the Project (Mower, 1938; Ne-Do-Ba, 1997). The Abenaki survived by hunting large game and fishing, siting fishing camps near the base of falls where fish collected as they made their way upstream. The Abenaki also used the Androscoggin River as a “great water road”, both in summer and winter when ice over facilitated easier travel than land routes (Bethel Historical Society, 2007).

Around 1600, Europeans first ventured up into Merrymeeting Bay and then up the lower Androscoggin River, named “Pejepscot” (Bethel Historical Society, 2007). The Pejepscot settlement originated with land purchase and settlement by Thomas Purchase and George Way in about 1624 to 1625. By 1673, the English had established a commercial fishing operation at Pejepscot Falls in Brunswick. Fifteen years later, Governor Andross erected Fort Andross at Brunswick, the first fortification on the Androscoggin River. Upriver areas took longer to settle, and it was not until the defeat of French Canada by the British in 1763 that the region upriver of the lower Androscoggin was considered safe with new towns including Durham, Lewiston, Auburn, Livermore, Rumford, and Bethel developing just before and during the American Revolution (City of Auburn, 2010).

The Hackett Mills project is located in the Towns of Poland and Minot. The Town of Poland was incorporated in 1795. This area included the current day Towns of Minot and Mechanic Falls. Before Poland was incorporated, Moses Emery, Sr. built mills on the south side of the Little Androscoggin at Minot Corner, and established a ferry. His son built the first sawmill and grist mill in the town. Shortly after incorporation the Poland Spring Hotel opened and discovered spring water, which at the time was believed to have medicinal properties. In 1802 Minot became its own town. It 1859 Poland spring bottled and sold it spring water. Another important industry in this area was agriculture, and in 1883 the Poland Dairy Association built a butter

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factory where the Poland Community school now stands (Town of Poland 2008). Throughout the 1800s and early 1900s most of the people in the Town of Minot were self-sustaining farmers. Sheep were extremely popular for food and wool, and at one point the census showed that Minot had over six thousand sheep. Minot also developed multiple apple farms, grist mills, wool mills, bark mills, shake and shingle mills, and lumber mills (Town of Minot 2006).

4.5.2 IDENTIFICATION OF HISTORIC AND ARCHEOLOGICAL SITES IN THE PROJECT VICINITY

The Town of Minot includes a few older churches and residential structures; however, none are currently listed in the National Register of Historic Places. The Maine Historic Preservation Commission reports one known Prehistoric archaeological site on Indian Brook. Indian Brook flows generally north to south, crossing Woodman Hill road before it joins Morgan Brook. Morgan Brook’s confluence with the Little Androscoggin river is within the proposed project area, on the north side of the impoundment. In addition to this site the Commission has identified areas adjacent to the Little Androscoggin River, Bog, and Indian Brook as archaeologically sensitive areas (Town of Minot 2006).

In the Town of Poland there are three structures listed on the National Register of Historic Places, all of which are located in Poland Spring; the Maine State Building, the All Souls Chapel, and the Spring House. The Maine Historic Preservation Commission reports one prehistoric archaeological site located on the shoreline of Thompson Lake. The Commission reports that the shore of Thompson Lake and Tripp Lake should be considered sensitive areas (Town of Poland 2008),

None of the sites listed above are within the project vicinity or bounds

4.5.3 PRIOR CULTURAL RESOURCE INVESTIGATIONS

No pre‐historical archaeological surveys have been completed in accordance with the Hackett Mills project. In the order issuing the 1984 license there were no known historical, cultural, or archaeological resources that would be affected by the project. Again in 2011 Environmental inspection report, there were no known historic, cultural, or archaeological resources that would be affected by operations at the project.

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4.5.4 TRIBAL RESOURCES

The project boundary includes a limited reach of the Little Androscoggin River. While the project area has been documented as historically being inhabited by the Abenaki, none of Maine's five federally recognized Indian tribes have indicated religious or cultural significance to historic properties within the project boundary.

4.5.5 REFERENCES

Bethel Historical Society. 2007. A River's Journey: The Story of the Androscoggin. [Online] URL: http://www.bethelhistorical.org/A_River's_Journey.html. Accessed December 19, 2013. City of Auburn. 2010. Auburn Comprehensive Plan Update. [Online] URL: http://www.auburnmaine.gov/CMSContent/Planning/Comprehensive_Plan_FINAL_Appr oved_4_19_11.pdf. Accessed December 19, 2013. Ne-Do-Ba. 1997. Map of Laurel Hill (Auburn Maine). [Online] URL: http://www.nedoba.org/map_002.html. Accessed December 19, 2013. Walter L. Mower. 1938. Sesquicentennial History of the Town of Greene, Androscoggin County, Maine 1775 to 1900 With Some Matter Extending to a Later Date. [Online] URL: http://www.rootsweb.ancestry.com/~mecgrene/history/history.htm. Accessed December 19, 2013. Town of Poland. Comprehensive Plan. 2008. Available online: https://www.polandtownoffice.org/sites/polandme/files/uploads/cp042808.pdf [Accessed 7/23/19] Town of Minot. Comprehensive Plan. 2006. Available online: http://minotme.org/vertical/Sites/%7B1666B81B-370A-463B-B8FB- 32BAA0E22AAF%7D/uploads/2006_Comp_PLan.pdf [Accessed 8/7/2019] Federal Energy Regulatory Commission (FERC). 2010. Environmental Inspection Report. Hackett Mills Project. Hackett Mills Hydro Associates. Little Androscoggin River. Project Number 6398. Inspector: John Mark.

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4.6 UPLAND WILDLIFE AND BOTANICAL RESOURCES

4.6.1 WILDLIFE HABITATS IN THE PROJECT AREA AND VICINITY

As discussed above, the Project is located in the Central Interior biophysical region of Maine, characterized by flat to gently rolling terrain. The region is a transition zone as dominant vegetation changes from a northern Appalachian forest dominated by oak, pine, and mixed hardwoods in southern Maine to a spruce-fir-northern hardwood forest in northern and eastern Maine (MDIFW, 2015).

Upland habitats that occur most frequently in the Project vicinity include: deciduous and mixed forest; coniferous forest; grassland, agriculture and old fields; and residential areas (MDIFW, 2015). The Project itself is dominated by deciduous forest, and residential areas immediately surrounding the project.

4.6.1.1 DECIDUOUS

The shoreline is dominated by deciduous forest which is common to the Central Interior region. Overstory species may include white ash (Fraxinus americana), red maple (Acer rurbrun), and red oak (Quercus rubra). Other overstory species may include American elm, (Ulmus americana), American beech (Fagus grandifolia), or sugar maple (Acer saccharum). Shrub-layer vegetation is represented by species such as maple- leaved viburnum (Viburnum acerifolium) or saplings of American beech and maple. Herbaceous vegetation commonly found in this habitat includes bracken fern (Pteridium aquilinum), Canada mayflower (Maiabthemum canadense), wild sarsaparilla (Aralia nudicaulis) twinflower (Linnaea borealis) and trillium (Trillium sp.) (FERC, 1996).

4.6.1.2 URBAN/SUBURBAN

Urban and suburban areas are categorized as such when the percent cover by buildings, road and other impervious surfaces is greater than vegetative cover (MDIFW, 2015). There is very little urban or suburban area around the Hackett Mills project. The area surrounding this project is dominated by forest and residential areas, as well as some agricultural areas along the impoundment.

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The area immediately surrounding the Project consists of riparian forest downstream of the project with some residential areas. Upstream of the project there is forested land as well as some agricultural land use.

4.6.2 WILDLIFE RESOURCES IN THE PROJECT AREA AND VICINITY

A list of potential wildlife species that may occur within the Project along with latin names is included as Appendix E. There are 61 mammalian species found in Maine, not associated with the marine environment. Due to the forested nature of the project area large mammals such as moose, white tail deer and black bear have the potential to reside within the Project. There is a particular likelihood whitetail deer are in the Project area as there are multiple whitetail deer wintering areas nearby (MDIFW 2019). The deciduous forest, and riparian zone that surrounds the project area creates ample habitat for many smaller mammals that could potentially occur in the area are, opossum, cotton tail rabbits, squirrels, beavers, white footed mouse, racoon, gray fox, and mink. The area also has the potential to support, little brown myotis, big brown bat, and silver haired bat (Degraff 1986).

Maine provides habitat for 292 species of birds statewide. Based on habitat available within the Project common birds that may occur include. song sparrow, marsh wren, tufted titmouse, red bellied woodpecker, bellied kingfisher, eastern screech owl, and wild turkey. Raptor species that may occur within the Project are likely those that prefer hardwood dominated landscapes may include red shouldered hawk or broad winged hawk or species common to rivers and water bodies such as the osprey and bald eagle. Shorebirds may include the, solitary, upland and spotted sandpipers, wood duck, as well as wading birds such as the great blue heron (MDIFW, 2015, Degraaf 1986).

4.6.3 TEMPORAL AND SPATIAL DISTRIBUTION OF WILDLIFE SPECIES

Species considered important because of their commercial, recreational, or cultural value are somewhat likely to use the project area and immediate surrounding lands for permanent habitat. Spatial and temporal distribution of wildlife species within the project area can be inferred based on life-history of species and taxa groups. Most terrestrial species common to the area are habitat generalists, and therefore likely found in a variety of habitats throughout the project vicinity (MDIFW, 2015). However, some of the larger mammals that potentially occupy the project

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vicinity have recreational and cultural value. The recreational hunting value of these animals is very limited in the project vicinity due to nearby residential areas. With no changes being proposed to the operations of this project, the Project should have minimal effects on the species within the Project vicinity.

Migratory waterfowl species, such as the Canada goose, mallard and wood duck, would be expected to occupy the project area during breeding season and winter season from December through February. Similarly, neotropical avian species such as the ruby-throated hummingbird and various flycatchers and warblers, likely occupy the lands surrounding the Project during the spring, summer, and fall before returning to the tropics of Central and South America during the winter season (MDIFW, 2015). Many species of passerines found in Maine make their homes in the abundant conifer-dominated forests of the state. Passerine species also inhabit the shrubland habitats in the state, including regenerating forests, utility right-of-ways, roadsides, and railroads such as those in proximity of the Project. Additionally, as mentioned above, many other avian species make their homes in the littoral zones that spread throughout the state (MDIFW, 2015).

4.6.4 INVASIVE WILDLIFE SPECIES

A number of exotic wildlife species are known to occur in Maine. These include bird species such as the rock pigeon, European starling, and house sparrow, as well as mammal species such as the house mouse and Norway rat (MISN, 2013).

Based on the habitat found within and surrounding the Project, invasive insects with the potential to occur within the project area and immediate vicinity include the European fire ant, gypsy moth, and winter moth. The European fire ant has been identified in costal Kennebec County and is known to inhabit areas with urban development. Gypsy moth infestations are most prevalent in central and southern Maine and generally prefer hardwood trees (i.e., oak, aspen, and birch) for feeding. The winter moth occurs along the Maine coast, although may be more widespread and prefers to feed on hardwoods including oak, maple, ash, cherry, and apple trees (MISN, 2013).

4.6.5 INVASIVE PLANTS AND WEEDS

There are currently 19 invasive plant species that are known to occur in Maine (MDACF, 2013) (Table 4-11). Several of the invasive plants occurring in Maine may be found at or near the Project, including garlic mustard, honeysuckle, purple loosestrife, and wood blue grass. Aquatic

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plants such as hydrilla and curly pond weed are not likely to occur near the Project since they prefer to grow in still or slow-flowing water, such as in a lake or pond and have not been documented to date (MDACF, 2013).

TABLE 4-11 INVASIVE PLANTS POTENTIALLY OCCURRING WITHIN THE PROJECT SCIENTIFIC NAME COMMON NAME Alliaria petiolata Garlic mustard Berberis thunbergii Japanese barberry Celastrus orbiculata Asiatic bittersweet Cynanchum louiseae Black swallowwort Eleagnus umbellata Autumn olive Fallopia japonica Japanese knotweed Frangula alnus Glossy buckthorn Impatiens glandulifera Himalayan balsam Lonicera morrowii Morrow honeysuckle Lonicera tartarica Tartarian honeysuckle Lythrum salicaria Purple loosestrife Myriophyllum heterophyllum Variable-leaf milfoil Phragmites australis Common reed Poa nemoralis Wood blue grass Rhamnus cathartica Common buckthorn Rosa multiflora Multiflora or Rambler rose Source: MDACF, 2013

Variable leaf-milfoil is reported from the Little Androscoggin River watershed in Hogan Pond, well-above the Project (MDEP, 2013). Variable leaf-milfoil is a submerged aquatic plant with densely packed whorled leaves and is usually found along the shorelines of lakes and ponds. Individuals can grow in water depths of up to 10-12 feet, forming dense mats near the surface. The plant produces spike-like flowers that grow above the water’s surface from mid to late summer. The species reproduces primarily by fragmentation and it can break apart easily due to wave action produced by boats or other disturbances. The introduction of a fragment can result in the infestation of an entire lake. Once introduced, it is virtually impossible to eradicate (MDEP 2013).

4.6.6 REFERENCES

Federal Energy Regulatory Commission (FERC). 1996. Final Environmental Impact Statement: Lower Androscoggin River Basin Hydroelectric Projects, Maine. FERC 2283-005, 11482-000).

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Maine Department of Agriculture, Conservation and Forestry (MDACF). 2013. Maine Invasive Plant Fact Sheets. [Online] URL: http://www.maine.gov/dacf/mnap/features/invasive_plants/invsheets.htm#currinv Accessed April 8, 2018. Maine Department of Environmental Protection (MDEP). 2013. Wetland Life. [Online] URL: http://www.maine.gov/dep/water/wetlands/life.html. Accessed December 9, 2013. Maine Department of Inland Fisheries and Wildlife (MDIFW). 2015. Maine State Wildlife Action Plan. [Online] URL: http://www.maine.gov/ifw/wildlife/reports/wap.html. Accessed April 8, 2018. Maine Invasive Species Network (MISN). 2013. University of Maine: Maine Invasive Species Network. [Online] URL: http://umaine.edu/invasivespecies/ Accessed April 8, 2018. Maine Department of Inland Fisheries and Wildlife (MDIFW 2019). 2019. Habitat Data. Available online: https://hub.arcgis.com/app/maine::maine-department-of-inland- fisheries-and-wildlife-habitat-data . Accessed August 5,2019 DeGraaf, Richard M.; Rudis, Deborah D. 1986. New England wildlife: habitat, natural history, and distribution. Gen. Tech. Rep. NE-108. Broomall, PA: U.S. Department of Agriculture, Forest Service, Northeastern Forest Experimental Station. 491 p.

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4.7 WETLAND, RIPARIAN, AND LITTORAL HABITAT

4.7.1 FLOODPLAIN AND WETLAND SPECIES AND HABITATS OF THE PROJECT AREA AND VICINITY

The majority of the wetlands in the project area are classified by the National Wetlands Inventory (NWI) as R2UBH, or riverine, lower perennial, unconsolidated bottom, permanently flooded (USFWS, 2019a, 2019b) (Figure 4-6). Low, slow flowing water is characteristic in these areas and the substrate consists mainly of sand and mud (USGS 1996a). Unconsolidated bottoms include wetland habitats with at least 25 percent cover of particles smaller than stones and a vegetative cover less than 30 percent. They are also characterized by a lack of large stable surfaces for plant and animal attachment (USGS, 2006b). Riverine unconsolidated bottom wetlands provide habitat for a variety of species such as the northern leopard frog, green frog, bullfrog, American toad and snapping turtles (see Section 4.2).

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FIGURE 4-6 WETLANDS IN THE VICINITY OF THE PROJECT Source: USFWS, 2018

Additionally, forested wetlands (PFO1C) and (PFO4/1E) are located adjacent to the project boundary and in close proximity to the Project (USFWS, 2019a). Wetlands with this classification are defined as palustrine, dominated by trees, shrubs, and persistent emergents that are seasonally flooded (USFWS 2019b). The (PFO4/1E) wetlands are characterized by needle- leaved evergreen, such as black spruce or pond pine. While (PFO1C) is characterized by deciduous woody vegetation in the overstory with common species such as green ash (Fraxinus pennsylvanica), red maple (Acer rubrum), or silver maple (Acer saccharinum) among others. Shrub layer vegetation may include species such as speckled alder (Alnus incanna) or winterberry (Ilex verticillata). In general, herbaceous vegetation includes species tolerant of shade and seasonal inundation such as ostrich fern (Matteuccia struthiopteris) or sensitive fern (Onoclea sensibilis). These areas are seasonally flooded so that surface water is present for extended periods especially early in the growing season (USFWS 2019b).

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Some of the wildlife species that are commonly found in freshwater wetlands and may be found in the wetlands near the Project include: wood ducks; loons; snapping and painted turtles; dragonflies; damselflies and warblers and other songbirds (MDEP, 2013).

4.7.2 RIPARIAN AND LITTORAL SPECIES AND HABITATS OF THE PROJECT AREA AND VICINITY

Riparian habitat is the specialized zone of vegetation that serves as the interface between the upland vegetation community and the riverine environment. This zone provides numerous valuable functions such as maintaining streambank stability, sediment filtration, and floodplain processes. Littoral zone habitat is the shallow water area along the perimeter of the impoundment; typically consisting of the shoreline zone located between the high and low water levels.

The banks of the Little Androscoggin River in the vicinity of the Project provide riparian and littoral habitat to a variety of species. Common plant species found in riparian areas include species such as silver maple, green ash, red maple, alder and willow (FERC, 1996). The shoreline habitats of the Little Androscoggin River, including the Project, likely provides habitat for species such as muskrat and habitat generalists such as striped skunk, eastern painted turtle, kingfisher, and osprey. Waterfowl species that may be found in the littoral zone of the Little Androscoggin River include the common goldeneye and the common merganser, as well as the American black duck, the Canada goose, the mallard, and the wood duck (MDIFW, 2015).

Shoreline habitats of the Project are limited to the immediate riparian and littoral zones and a narrow band of upland mixed forest, as discussed in Section 4.6.1. As mentioned, the riparian habitat found along the Project impoundment and bypass reach is heavily forested, with a mix of coniferous and deciduous forests. The littoral zone is limited to a very narrow band given run-of- river operations.

4.7.3 REFERENCES

Maine Department of Environmental Protection (MDEP). 2013. Wetland Life. [Online] URL: http://www.maine.gov/dep/water/wetlands/life.html. Accessed December 9, 2013. Maine Department of Inland Fisheries and Wildlife (MDIFW). 2015. Maine State Wildlife Action Plan. [Online] URL: http://www.maine.gov/ifw/wildlife/reports/wap.html. Accessed November 25, 2013.

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Maine Volunteer Lake Monitoring Program (MVLMP). 2013. VLMP Center for Invasive Aquatic Plants. [Online] URL: http://www.mciap.org/ Accessed November 27, 2013. U.S. Geological Survey (USGS). 1996a. Classification of Wetlands and Deepwater Habitats of the United States: Riverine Systems. [Online] URL: http://www.npwrc.usgs.gov/resource/wetlands/classwet/riverine.htm. Accessed April 8, 2018. U.S. Geological Survey (USGS). 2006b. Classification of Wetlands and Deepwater Habitats of the United States: Unconsolidated Bottom. [Online] URL: http://www.npwrc.usgs.gov/resource/wetlands/classwet/unconsol.htm. Accessed November 26, 2013. U.S. Fish and Wildlife Service (USFWS). 2019a. National Wetlands Inventory [Online] URL: https://www.fws.gov/wetlands/data/Mapper.html Accessed August 15, 2019. U.S. Fish and Wildlife Service (USFWS). 2012. National Wetlands Inventory Mapper – Androscoggin County, Maine. [Online] URL: http://www.fws.gov/wetlands/Wetlands- Mapper.html Accessed on November 26, 2013. U.S. Fish and Wildlife Service (USFWS). 2019b. National Wetlands Inventory Wetland Decoder. [Online] URL: https://www.fws.gov/wetlands/Data/Wetland-Codes.html Accessed August 15, 2019. Federal Energy Regulatory Commission (FERC). 1996. Final Environmental Impact Statement: Lower Androscoggin River Basin Hydroelectric Projects, Maine. FERC 2283-005, 11482-000).

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4.8 RARE, THREATENED, AND ENDANGERED SPECIES

4.8.1 FEDERALLY LISTED SPECIES

There are several federal statutes that apply to the protection of plants and animals. The Endangered Species Act (ESA) was passed in 1973 to protect those animals and plants and associated habitats that are in danger of becoming extinct. The U.S. Fish and Wildlife Service (USFWS) classifies animals and plants into two categories: "endangered species" are in danger of extinction throughout the area in which they are usually found and "threatened species" are those that could become endangered in the near future. The Bald and Golden Eagle Protection Act of 1940 provides protection to those species while migratory birds are protected by the and the Migratory Bird Treaty Act. Additionally, while the bald eagle (Haliaeetus leucocephalus) was removed from the ESA list on June 28, 2007, the species remains federally protected.

The USFWS has identified one mammal and one plant species listed on the federally threatened species list, and one fish listed under the endangered species list (USFWS 2019); the July 1, 2019 USFWS Species Lists conducted under the Information for Planning and Consultation (IPaC) project planning tool shows that the northern long-eared bat (Myotis septentrionalis), small whorled pogonia (Isotria medeoloides), and the Atlantic salmon (Salmo salar) may occur in the Project Areas or may be affected by the Projects (USFWS 2019) (Appendix E).

4.8.2 STATE LISTED SPECIES

Wildlife species in Maine may also be protected under the Maine Endangered Species Act (MESA). Depending on their level of vulnerability to extinction, species may be listed as Endangered or Threatened. Under MESA, a species may also be identified as Special Concern if it does not meet the criteria of endangered or threatened but is particularly vulnerable and could easily become threatened or is suspected to be endangered or threatened but for which insufficient data exists (MDIFW, 2010a).

MESA includes the designation and protection of Essential Habitats, which are defined as “areas currently or historically providing physical or biological features essential to the conservation of endangered or threatened species in Maine and which may require species management considerations” (MDIFW, 2010a). The Natural Resources Protection Act (NRPA) provides

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protection to certain natural resources including Significant Wildlife Habitats and is administered by the MDEP.

A species review was requested on August 15, 2019, by the Maine Department of Inland Fisheries and Wildlife, for the Project, response have been received at this time.

4.8.3 RARE SPECIES

TABLE 4-12 POTENTIAL STATE AND FEDERALLY LISTED SPECIES THAT MAY OCCUR IN THE PROJECT AREA. COMMON NAME SCIENTIFIC NAME STATUS Northern long-eared bat Myotis septentrionalis SE, FT Small whorled pogonia Isotria medeoloides SE, FT Atlantic salmon Salmo salar FE Source: USFWS 2019 SE – state endangered FT – Federally threatened FE – Federally endangered Source: USFWS 2018

4.8.4 THREATENED AND ENDANGERED WILDLIFE SPECIES DISTRIBUTION AND LIFE HISTORY INFORMATION

4.8.4.1 NORTHERN LONG-EARED BAT

The northern long-eared bat (NLEB) is listed as a federally threatened species and is listed as Endangered at the state level. The NLEB was listed as threatened on April 2, 2015, with a final rule published in the Federal Register on January 14, 2016. On April 27, 2016, the USFWS determined that the designation of critical habitat for the species was not prudent; therefore, no critical habitat is established for the NLEB (USFWS, 2016).

The NLEB feeds on invertebrates and is known to glean prey from vegetation and water surfaces. The NLEB winters in underground caves and cave like structures, but summers singly or in small colonies in cavities, under bark, or in hollows of live and dead trees typically greater than 3 in. in diameter. Suitable roosting trees also include exfoliating bark, cavities, or cracks (USFWS, 2016).

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While the Project falls within the range of the NLEB it is unlikely that the overwintering or summer roosting occurs with the Project, although feeding may occur over the impoundment. Based on their known distribution, these bat species could occur in the Project Areas.

4.8.4.2 ATLANTIC SALMON

Atlantic salmon are an anadromous fish species with a complex life history. Individuals spend the majority of their adult life in marine environments but return to freshwater rivers and streams to spawn (Fay et al. 2006). Atlantic salmon are native to the North Atlantic Ocean and have been found worldwide as far south as Portugal in the eastern Atlantic and the Connecticut and Housatonic Rivers in the western Atlantic, and north to Ungava Bay in Quebec as well as the Nastapoka River in Hudson Bay (Morin 1991). Atlantic salmon were initially listed as endangered on November 17, 2000, on eight coastal Maine watersheds by the NMFS and the USFWS (65 FR 69459). NMFS and the USFWS expanded the listing to include Atlantic salmon that inhabit large Maine rivers (Androscoggin, Kennebec, and Penobscot) that were partially or wholly excluded in the initial listing (74 FR 29344; June 19, 2009). NMFS determined that Atlantic salmon that inhabit the Gulf of Maine watersheds from the Androscoggin River eastward to the Dennys River are a distinct population segment (i.e., GOM DPS) and thus should be listed as a “species.”

Currently, the GOM DPS includes Atlantic salmon that occupy freshwater from the Androscoggin River to the Dennys River, as well as anywhere Atlantic salmon occur in the estuarine and marine environments. The historical upstream limits of the species freshwater range are primarily determined by impassable falls in the Penobscot River watershed, including Big Niagara Falls on Nesowadnehunk Stream in Township 3 Range 10, Grand Pitch Falls on Webster Brook in Trout Brook Township, and Grand Falls on the Passadumkeag River (74 FR 9344; June 19, 2009). Additionally, conservation hatchery populations maintained by Green Lake National Fish Hatchery and Craig Brook National Fish Hatchery are included in the GOM DPS. Landlocked and commercially raised salmon are excluded from the listing (74 FR 29344; June 19, 2009).

Although ATS in the Androscoggin are part of the Merrymeeting Bay Salmon Habitat Recovery Unit (SHRU); the Little Androscoggin is not classified as critical habitat (i.e., critical to the

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recovery of the species) (NMFS 2009; personal communication, Jeff Murphy, NMFS, December 11, 2013). The Little Androscoggin River HUC 10 watershed does not actually include the Little Androscoggin River. This particular HUC 10 watershed includes only the Androscoggin River and its tributaries from the confluence with the Kennebec up to, but not including, the Little Androscoggin River.

A draft Recovery Plan for the Gulf of Maine DPS of Atlantic salmon was submitted for public review on March 29, 2016. The recovery plan represents a recovery strategy based on the biological and ecological needs of the species as well as current threat-term viability (USFWS and NOAA, 2016). This plan supersedes the approved 2005 plan for the DPS listed in 2000. This plan reflects a new recovery planning approach (termed the Recovery Enhancement Vision, or REV) being adopted by the USFWS. REV plans focus on the statutory elements of recovery criteria, recovery actions, and time and cost estimates (USFWS and NOAA, 2016).

MIGRATORY BIRDS

The protection of birds is regulated by the Migratory Bird Treaty Act and the Bald and Golden Eagle Protection Act. Any activity, intentional or unintentional, resulting in take of migratory birds, including eagles, is prohibited unless otherwise permitted by the U.S. Fish and Wildlife Service (50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a)).

Bald eagles are no longer listed under the ESA but maintain federal protection under the Bald and Golden Eagle Protection Act and legally protected in New Hampshire. Bald eagles typically nest near large bodies of open water, such as lakes and large rivers. Eagles nest in large, super- canopy trees or snags often in late-successional forest. They prefer a nest site at the edge of the forest, near foraging areas, unobstructed views, and with little human disturbance. Most eagles forage primarily on fish, with lesser quantities of waterfowl, carrion, and small mammals. The bald eagle often winters along large interior or coastal bodies of water that remain free of ice (NHFG 2018b).

Birds of conservation concern that may occur within or in the Project Area can be found in Table 4-13.

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TABLE 4-13 BIRDS OF CONSERVATION CONCERN THAT MAY OCCUR WITHIN OR IN THE PROJECT AREAS. COMMON NAME SCIENTIFIC NAME LEVEL OF CONCERN PROBABILITY OF PRESENCE Bald eagle Haliaeetus leucocephalus Non-BCC Breeds Dec 1 to Aug 31 Black-billed Coccyzus erythropthalmus BCC Rangewide Breeds Cuckoo May 15 to October 10 Bobolink Dolichonyx oryzivorus BCC Rangewide Breeds May 20 to July 31 Canada Warbler Cardellina canadensis BCC Rangewide Breeds May 20 to August 10 Evening Grosbeak Coccothraustes BCC Rangewide Breeds vespertinus May 15 to Aug 10 Olive-sided Contopus cooperi BCC Rangewide Breeds Flycatcher May 20 to August 31 Prairie Warbler Dendroica discolor BCC Rangewide Breeds May 1 to July 31 Wood thrush Hylocichla mustelina BCC Rangewide Breeds May 10 to August 31 Source: USFWS 2019

4.8.5 ESSENTIAL FISH HABITAT

Pursuant to the amended Magnuson-Stevens Fishery Conservation and Management Act (Act), Congress mandated that habitats essential to federally managed commercial fish species be identified, and that measures be taken to conserve and enhance habitat. In the amended Act, Congress defined essential fish habitat (EFH) for federally managed fish species as “those waters and substrate necessary to fish for spawning, breeding, feeding, or growth to maturity” (PFMC, 2010). Essential fish habitat is discussed in Section 4.3. There are no current records of federally managed essential fish habitat within the project area.

4.9 RARE, THREATENED, AND ENDANGERED BOTANICAL RESOURCES AND HABITATS

SMALL WHORLED POGONIA The MNAP maintains a list of rare, threatened, and endangered plants found within the state of Maine, which includes about 353 species (MDACF, 2013). One plant species, the Small whorled pogonia, is documented as occurring within Androscoggin County (USFWS, 2016b). The Small whorled pogonia (SWP), was federally listed as an endangered species in 1982, and reclassified as a threatened species in 1993 (USFWS, 2012).

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There is no critical habitat designated for this species at this time. The USFWS prepared a recovery plan and revised that plan in 1992. The Recovery Plan describes and prioritizes actions needed to help recover the species (USFWS, 2016b).

The small whorled pogonia produces a smooth, hollow stem from 2 to 14 inches tall and topped by 5 or 6 leaves in a circular arrangement (false whorl). One or two flowers stand in the center of the whorl of leaves. The leaves are milky-green or grayish-green, and the flower is yellowish green with a greenish-white lip. In the northern part of the species range, plants with flowering buds emerge from the leaf litter in May and bloom in June (USFWS, 2012). Characteristics of this species’ habitat include a sparse herb and shrub layer, a relatively open understory canopy, thick leaf litter on the forest floor, and gently sloping ground. Soils in which small whorled pogonia grows are generally acidic and dry during most of the growing season. Small whorled pogonia is almost always found in proximity to features that create long-persisting breaks in the forest canopy; light availability could be a limiting factor for this species (USFWS, 2012).

According to the information currently in the Biological and Conservation Data System files of the Maine Natural Areas Program (MDACF 2019), there are no rare botanical features documented specifically within the project area.

No other rare plant species or unique plant communities are known to occur within the Hackett Project area.

4.9.1 REFERENCES

Fay, C., M. Bartron, S. Craig, A. Hecht, J. Pruden, R. Saunders, T. Sheehan, and J. Trial. 2006. Status Review for Anadromous Atlantic Salmon (Salmo salar) in the United States. Report to the National Marine Fisheries Service and U.S. Fish and Wildlife Service. 294 pages. Maine Department of Agriculture, Conservation and Forestry (MDACF). 2013. Maine Natural Areas Program: Maine Rare Plant List and Rare Plant Fact Sheets. [Online] URL: http://www.maine.gov/dacf/mnap/features/rare_plants/plantlist.htm Accessed August 15, 2019. Maine Department of Agriculture, Conservation and Forestry (MDACF). 201. Maine Natural Areas Program: Rare and exemplary botanical features in proximity to: FERC No. 6398, Hackett Mills Hydroelectric Project, Minot and Poland, Maine. August 1, 2019. Maine Department of Inland Fisheries and Wildlife (MDIFW). 2010a. Maine Endangered Species Act. [Online] URL:

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http://www.mainelegislature.org/legis/statutes/12/title12ch925sec0.html. Accessed August 15, 2019. Morin, R. 1991. Atlantic salmon (Salmo salar) in the lower Nastapoka River, Quebec: distribution and origins of salmon in eastern Hudson Bay. Canadian Journal of Zoology 69:1674-1681 New Hampshire Fish and Game (NHFG). 2018b. Bald eagle (Haliaeetus leucocephalus). [Online] https://www.wildlife.state.nh.us/wildlife/profiles/bald-eagle.html. Accessed June 15, 2018. National Marine Fisheries Service (NMFS). 2009. Species of Concern: River herring (Alewife & Blueback herring) Alosa pseudoharengus and Alosa aestivalis. USFWS. 2012. Maine Field Office: Small whorled pogonia. [Online] URL: https://www.fws.gov/mainefieldoffice/Small_whorled_pogonia.html Accessed August 15, 2019. U.S. Department of Interior: U.S. Fish and Wildlife Service (USFWS). 2019. List of threatened and endangered species that may occur in your proposed project location, and/or may be affected by your project. Hackett Mills Hydroelectric Project (P-6398). August 1, 2019. U.S. Fish and Wildlife Service (USFWS). 2016. Species Profile: Northern Long-Eared Bat (Myotis septentrionalis). Available online at https://ecos.fws.gov/ecp0/profile/speciesProfile?spcode=A0JE Accessed July 1, 2019. USFWS. 2016b. Small Whorled Pogonia (isotria medeoloides). [Online] URL: https://www.fws.gov/Midwest/endangered/plants/swpo/index.html. Accessed August 15, 2019. U.S. Fish and Wildlife Service and NOAA-Fisheries. 2016. Draft recovery plan for the Gulf of Maine Distinct Population Segment of Atlantic salmon (Salmo salar). 61 pp.

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4.10 RECREATION AND LAND USE

4.10.1 REGIONAL RECREATION OPPORTUNITIES

The Hackett Mills Project is contained within the Maine Lakes and Mountains tourism region as defined by the Maine Office of Tourism (MOT). The Maine Lakes and Mountains area is home to hundreds of glacial lakes and mountains and is widely known for its outdoor recreation opportunities including skiing, hiking, boating, and fishing. Within this region, there are 14 state parks, trails, campgrounds, and reserved lands (MDACF 2018). In 2018, those visiting the Maine Lakes and Mountains region accounted for 11 percent of all over-night and day trips taken in Maine (MOT 2017).

Some notable parks near the Hackett Mills Project include Androscoggin Riverlands State Park, Range Ponds State Park, and Bradbury Mountain State Park. Androscoggin Riverlands State Park is approximately 10 miles north of the Project and is the fifth largest park in the Maine parks system. The park includes over 10 miles of hiking and biking trails as well as extensive opportunities for boating, fishing, picnicking, snowmobiling, and snowshoeing (MDACF 2018). Range Ponds State Park, located approximately 4 miles southeast of the Hackett Mills Project in the town of Poland, provides opportunities for swimming, boating, hiking, fishing, hunting, snowmobiling, and snowshoeing (MDACF 2018). Bradbury Mountain State Park, located approximately 15 miles southeast of the Hackett Mills Project in the town of Pownal, is one of the first state parks established in Maine and offers various activities including camping, hiking, and cross-country skiing (MDACF 2018).

4.10.2 COUNTY AND MUNICIPAL RECREATION AREAS

Within Androscoggin County, there are a number of municipal recreation areas, particularly within the urban centers for Minot and Poland. Between these two towns, there are several trails all of which are located within an eight-mile radius of the Hackett Mills Project. These parks provide the following amenities: recreation fields, railroad, wooded trail network, vernal pools, boardwalk, handicap accessible trails, cross country skiing and snow shoeing, mountain biking, running, hiking, non-motorized trail users, and birding and wildlife watching opportunities.

Some parks in the vicinity of the Project are:

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• Railroad Trail – a 1.8 mile network in the town of Poland. The trail is pet friendly (Maine Trail Finder 2019). • Heart of Poland Conservation Area Trails – a 2.6 mile network from Tripp Lake Road to the public library and lead visitors to a vernal pool, a quarry, rare white oak trees, and caves in the town of Poland (Maine Trail Finder 2019). • Minot Community Trails – a 1.8 mile network in the town of Minot. The trail is pet friendly (Maine Trial Finder 2019). • Mount Apatite - a 325 acre park located in the city of Auburn. The park has several miles of trails and is a popular site for mineral collection (Maine Trail Finder 2019).

4.10.3 EXISTING PROJECT RECREATION OPPORTUNITIES AND USE

Hackett Mills Hydro provides free access to project lands and waters for public recreation use including unimproved parking along the access road to the project and informal access to the Androscoggin River upstream and downstream of the project for fishermen and car-top Boaters.

Based on the 2011 environmental inspection report by FERC, usage of the facilities is light, with an annual 28 recreation days with a peak weekend usage of 4 recreation days (FERC 2011).

4.10.4 RECREATION NEEDS IDENTIFIED IN MANAGEMENT PLANS

Management plans that cover recreation resources within the vicinity of the Hackett Mills Project are summarized below.

2014-2019 Maine State Comprehensive Outdoor Recreation Plan

The Maine State Comprehensive Outdoor Recreation Plan (MSCORP) provides information on the supply and demand for outdoor recreation opportunities in Maine, assesses recreation issues, provides an implementation plan, as well as serves to qualify Maine for funding from the federal Land and Water Conservation Fund (LWCF) to acquire or develop lands for public outdoor recreation. There are no recommendations specific to the Upper Barker Project, but the recreation goals outlined in the MSCORP may be applied by governments at the state, county, or municipal levels including Androscoggin County and the cities of Lewiston and Auburn. Recreation priorities outlined in the MSCORP that may bear relevance to the Project are (MDACF 2015):

• To connect Mainers with the health and wellness benefits of outdoor recreation;

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• To support regionally connected trail systems in less developed regions to increase access and enhance economic development; • To connect to future tourism markets through recreation interests; and • To increase access to and awareness of local and regional recreation opportunities through effective communication and collaboration between the public, municipal, and private landowners.

Town of Poland Comprehensive Plan Update: Enactment Version

The Town of Poland Comprehensive Plan presents information on community trends and characteristics over the past 10 years and what is expected to occur over the next 10 years (PCPU 2008).

The plan does not specifically address recreation activities at the Hackett Mills Project. Among the recreation goals of the Plan include:

• Protect the quality, and manage the quantity of the Town’s water resources, including lakes, aquifers, rivers and streams • Protect the Town’s other critical natural resources, (including, without limitation, wetlands, wildlife and fisheries habitat, shorelands, scenic vistas and unique natural areas).

Western Maine Regional Open Space Policy

The Western Maine Regional Open Space Policy (WMROSP) was published by the Androscoggin Valley Council of Governments (AVCOG), a resource sharing organization for all the municipalities in Androscoggin, Franklin, and Oxford Counties. The WMROSP does not identify any specific lands for conservation, but develops policies to be used by the AVCOG, member municipalities, and State and federal agencies and directs conservation opportunities in the future. Among the goals of the policy that may bear relevance to the Project are (AVCOG, 2009):

• To promote open spaces as a way to improve Western Maine's "Quality of Place"; • To promote economic development which protects and conserves open spaces; • To work with private land owners to continue the tradition of public access to private lands for outdoor recreation; and

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• To conserve energy and encourage the growth of alternative energy sources including wind and hydroelectric. 4.10.5 LAND USES AND MANAGEMENT WITHIN THE PROJECT VICINITY

The Hackett Mills Project lies wholly within Androscoggin County, Maine, which has a total area of approximately 497 square miles (MRLC 2011). The dominant land cover class in Androscoggin County is forestland (57.6 percent) followed by wetlands (11.1 percent) and agricultural (10.8 percent) (Table 4-14) (Figure 4-7). Overall, only a small percentage of Androscoggin County is developed (6.1 percent) (Table 4-14) (MRLC 2011). Open water constitutes 5.2 percent of the area of Androscoggin County.

TABLE 4-14 LAND USES IN ANDROSCOGGIN COUNTY LAND USE SQUARE MILES PERCENT Developed 30.5 6.1% Agricultural 53.9 10.8% Forestland 286.4 57.6% Wetlands 54.9 11.1% Grasslands 2.9 0.6% Scrub/Shrub 11.4 2.3% Barren Land 2.9 0.6% Open Space 28.5 5.7% Open Water 25.8 5.2% Total 497.2 Source: MRLC 2011.

The Hackett Mills Project is located completely within the towns of Minot and Poland. The towns have development and forested areas (Figure 4-7). The immediate shoreline of the project impoundment is predominantly wooded (Figure 4-7). Any development on private lands requires the appropriate permits and must adhere to the design and development standards of the towns.

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FIGURE 4-7 LAND USE MAP OF VICINITY OF THE PROJECT

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4.10.6 LAND USE AND MANAGEMENT OF PROJECT LANDS

Project operations and maintenance are the primary activities that occur on project lands. There are no formal public recreation facilities at the Project and access to the dam is blocked to unauthorized vehicles or pedestrians.

4.10.7 REFERENCES

Androscoggin Valley Council of Governments (AVCOG). 2009. Western Maine Regional Open Space Policy Draft. [Online] URL: http://www.avcog.org/DocumentCenter/Home/View/42. Accessed August 15, 2019. FERC. 2011. Environmental Inspection Report: Hackett Mills Project FERC No. 6398. Inspected September 2010. Maine Department of Agriculture, Conservation, and Forestry (MDACF) Bureau of Parks & Lands. 2015. Maine State Comprehensive Outdoor Recreation Plan, 2014-2019. [Online] URL: https://www1.maine.gov/dacf/parks/publications_maps/docs/final_SCORP_rev_10_15_p lan_only.pdf. Accessed August 15, 2019. Maine Department of Agriculture, Conservation, and Forestry (MDACF). 2018. Bureau of Parks & Lands. State Parks and Public Lands. [Online] URL: http://www.maine.gov/cgi- bin/online/doc/parksearch/index.pl. Accessed August 15, 2019. Maine Office of Tourism (MOT). 2017. Visitor Tracking Research 2016 Calendar Year Annual Report. [Online] URL: https://motpartners.com/wp-content/uploads/2019/06/2018- Annual-Report.pdf. Accessed August 15, 2019. Multi-Resolution Land Characteristics Consortium (MRLC). 2011. National Land Cover Database 2011. [Online] URL: https://www.mrlc.gov/. Accessed August 15, 2019. Maine Trail Finder. 2019. [Online] URL: http://www.mainetrailfinder.com/. Accessed August 15, 2019. Poland Comprehensive Plan Update (PCPU). 2008. Enactment Version May 2008. [Online] https://www.polandtownoffice.org/sites/polandme/files/uploads/cp042808.pdf. Access August 15, 2019.

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4.11 AESTHETIC RESOURCES

4.11.1 VISUAL CHARACTER OF THE PROJECT VICINITY

The Hackett Mills Project is located the towns of Poland and Minot, in Androscoggin County Maine. Androscoggin County is predominantly rural, consisting of rugged forests and agricultural lands with minimal development in 14 towns and cities across the County (FERC 1996). Over half (approximately 58 percent) of Androscoggin County is forested (MRLC 2011). The towns of Minot and Poland are mostly forested with areas of residential and agricultural development. Lands immediately surrounding the Hackett Mills Project are densely forested with steep banks below the dam and consists of relatively flat forested lands around the impoundment (Atlas of Maine 1983).

The Little Androscoggin River originates at Bryant Pond, approximately 24.5 miles northwest from the Project, in Oxford County. The Little Androscoggin River flows southeasterly through Oxford and Androscoggin counties to its confluence with the Androscoggin River in the city of Auburn.

4.11.2 NEARBY SCENIC ATTRACTIONS

The Hackett Mills Project is contained within the Maine Lakes and Mountains tourism region. Nearby the Hackett Mills project vicinity are numerous scenic attractions of local and regional importance. There are 14 state and 32 municipal parks in the area. These parks offer a variety of trails which offer views of the Androscoggin River and its tributaries, and other scenic lands. In Poland Maine there is the Range Pond State Park, and the Poland Spring Preservation Park.

There are numerous covered bridges in the Maine Lakes and Mountains region. Most covered bridges in Maine were built between the mid-1800s and early 1900s. At its peak, Maine had 120 covered bridges, today only nine remain. Six of those bridges are in the Maine Lakes and Mountain region, they include: Babb's Bridge, Bennett Bridge, Hemlock Bridge, Lovejoy Bridge, Parsonsfield-Porter Bridge, and Sunday River Bridge (Artist's Bridge) (MLMTC 2018). The Sunday River Bridge is often referred to as Artist's Bridge because it is the most painted and photographed covered bridge in Maine (MLMTC 2018).

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There are four scenic byways located within the Maine Lakes and Mountains Region. The Rangeley Lakes Scenic Byway is designated a National Scenic Byway by the U.S. Department of Transportation Federal Highway Administration (MLMTC 2018). The Byway extends approximately 52 miles through western Maine and offers magnificent views of several mountains, Rangeley Lake, Angel Falls, Mooselookmeguntic Lake, Sandy River, Beaver Pond, and Toothaker Island. The byway also provides opportunity for wildlife watching and outdoor recreation. Grafton Notch is a state scenic byway that extends approximately 21 miles through Grafton Notch State Park. The byway offers scenic views of Lake Umbagog, Screw Auger Falls, and Mother Walker Falls (MLMTC 2018). Pequawket Trail is a state scenic byway that extends approximately 60 miles and goes through a section of the White Mountains National Forest on the New Hampshire border. The byway offers scenic views of Mount Washington, Hemlock Covered Bridge, and Jockey Cap Rock. State Route 27 is a state scenic byway that extends approximately 47 miles from the Canadian border to central Maine. The byway offers scenic views of Mount Abraham, Carabassett River, Flagstaff Lake, and Cathedral Pines, the largest area of old growth forest in Maine (MLMTC 2018).

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4.11.3 VISUAL CHARACTER OF PROJECT LANDS AND WATERS

The proposed Hackett Mills impoundment extends upstream approximately one river mile and is bordered by forest, residential areas, and some agricultural areas near the northmost end of the impoundment. A short gravel road off state route 121 leads to the powerhouse and dam. The project includes a 101-foot-long rock filled timber crib dam, an 85-foot long concrete spillway and a powerhouse that is adjacent to the dam on river left (looking upstream). There is a bridge that crosses the little Androscoggin river directly upstream from the project, with a parking area to the west of the Project at the corner of Hackett Mills road and state route 121. The top of the dam is visible from the bridge, however there is no public viewing area downstream of the project. There is a small beaten down path from this parking area to the area downstream of the project. This path is not maintained by the licensee but is used frequently for recreational purposes. There are no aesthetic requirements associated with this project’s current license.

4.11.4 REFERENCES

Federal Energy Regulatory Commission (FERC). 1996. Final Environmental Impact Statement Lower Androscoggin River Basin Hydroelectric Projects Maine. July, 1996. Accessed November 6, 2013 Maine's Lakes and Mountains Tourism Council (MLMTC). 2018. Sightseeing. [Online] URL: https://mainelakesandmountains.com/theme/sightseeing/vtm03ABB02E693BE46C9. Accessed February 26, 2018. Multi-Resolution Land Characteristics Consortium (MRLC). 2011. National Land Cover Database 2011. [Online] URL: https://www.mrlc.gov/nlcd2011.php. Accessed February 26, 2018. U.S. Army Corps of Engineers (USACE). 2018. National Inventory of Dams. [Online] URL: http://geo.usace.army.mil/pgis/f?p=397:4:1473658987832501::NO. Accessed February 14, 2018. Atlas of Maine. 1983. North American Datum. Transverse Mercator Projection.

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4.12 CULTURAL RESOURCES

4.12.1 HISTORY OF THE PROJECT VICINITY

The State of Maine’s cultural history began during the Paleo-Indian Period around 11,500 years before present (YBP). As early as the 1490s, Native Americans, the ancestors of today’s Abenaki Indians, settled and travelled along the Androscoggin River (Bethel Historical Society, 2007). The Anasagunticooks or Androscoggin tribe of the Abenakis occupied the Merrymeeting Bay valley including the project vicinity with their chief stronghold located on Laurel Hill, Auburn, located east of the Project (Mower, 1938; Ne-Do-Ba, 1997). The Abenaki survived by hunting large game and fishing, siting fishing camps near the base of falls where fish collected as they made their way upstream. The Abenaki also used the Androscoggin River as a “great water road”, both in summer and winter when ice over facilitated easier travel than land routes (Bethel Historical Society, 2007).

Around 1600, Europeans first ventured up into Merrymeeting Bay and then up the lower Androscoggin River, named “Pejepscot” (Bethel Historical Society, 2007). The Pejepscot settlement originated with land purchase and settlement by Thomas Purchase and George Way in about 1624 to 1625. By 1673, the English had established a commercial fishing operation at Pejepscot Falls in Brunswick. Fifteen years later, Governor Andross erected Fort Andross at Brunswick, the first fortification on the Androscoggin River. Upriver areas took longer to settle, and it was not until the defeat of French Canada by the British in 1763 that the region upriver of the lower Androscoggin was considered safe with new towns including Durham, Lewiston, Auburn, Livermore, Rumford, and Bethel developing just before and during the American Revolution (City of Auburn, 2010).

The Hackett Mills project is located in the Towns of Poland and Minot. The Town of Poland was incorporated in 1795. This area included the current day Towns of Minot and Mechanic Falls. Before Poland was incorporated, Moses Emery, Sr. built mills on the south side of the Little Androscoggin at Minot Corner, and established a ferry. His son built the first sawmill and grist mill in the town. Shortly after incorporation the Poland Spring Hotel opened and discovered spring water, which at the time was believed to have medicinal properties. In 1802 Minot became its own town. It 1859 Poland spring bottled and sold it spring water. Another important industry in this area was agriculture, and in 1883 the Poland Dairy Association built a butter

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factory where the Poland Community school now stands (Town of Poland 2008). Throughout the 1800s and early 1900s most of the people in the Town of Minot were self-sustaining farmers. Sheep were extremely popular for food and wool, and at one point the census showed that Minot had over six thousand sheep. Minot also developed multiple apple farms, grist mills, wool mills, bark mills, shake and shingle mills, and lumber mills (Town of Minot 2006).

4.12.2 IDENTIFICATION OF HISTORIC AND ARCHEOLOGICAL SITES IN THE PROJECT VICINITY

The Town of Minot includes a few older churches and residential structures; however, none are currently listed in the National Register of Historic Places. The Maine Historic Preservation Commission reports one known Prehistoric archaeological site on Indian Brook. Indian Brook flows generally north to south, crossing Woodman Hill road before it joins Morgan Brook. Morgan Brook’s confluence with the Little Androscoggin river is within the proposed project area, on the north side of the impoundment. In addition to this site the Commission has identified areas adjacent to the Little Androscoggin River, Bog, and Indian Brook as archaeologically sensitive areas (Town of Minot 2006).

In the Town of Poland there are three structures listed on the National Register of Historic Places, all of which are located in Poland Spring; the Maine State Building, the All Souls Chapel, and the Spring House. The Maine Historic Preservation Commission reports one prehistoric archaeological site located on the shoreline of Thompson Lake. The Commission reports that the shore of Thompson Lake and Tripp Lake should be considered sensitive areas (Town of Poland 2008),

None of the sites listed above are within the project vicinity or bounds

4.12.3 PRIOR CULTURAL RESOURCE INVESTIGATIONS

No pre‐historical archaeological surveys have been completed in accordance with the Hackett Mills project. In the order issuing the 1984 license there were no known historical, cultural, or archaeological resources that would be affected by the project. Again in 2011 Environmental inspection report, there were no known historic, cultural, or archaeological resources that would be affected by operations at the project.

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4.13 TRIBAL RESOURCES

The project boundary includes a limited reach of the Little Androscoggin River. While the project area has been documented as historically being inhabited by the Abenaki, none of Maine's five federally recognized Indian tribes have indicated religious or cultural significance to historic properties within the project boundary.

4.13.1 REFERENCES

Bethel Historical Society. 2007. A River's Journey: The Story of the Androscoggin. [Online] URL: http://www.bethelhistorical.org/A_River's_Journey.html. Accessed December 19, 2013. City of Auburn. 2010. Auburn Comprehensive Plan Update. [Online] URL: http://www.auburnmaine.gov/CMSContent/Planning/Comprehensive_Plan_FINAL_Appr oved_4_19_11.pdf. Accessed December 19, 2013. Ne-Do-Ba. 1997. Map of Laurel Hill (Auburn Maine). [Online] URL: http://www.nedoba.org/map_002.html. Accessed December 19, 2013. Walter L. Mower. 1938. Sesquicentennial History of the Town of Greene, Androscoggin County, Maine 1775 to 1900 With Some Matter Extending to a Later Date. [Online] URL: http://www.rootsweb.ancestry.com/~mecgrene/history/history.htm. Accessed December 19, 2013. Town of Poland. Comprehensive Plan. 2008. Available online: https://www.polandtownoffice.org/sites/polandme/files/uploads/cp042808.pdf [Accessed 7/23/19] Town of Minot. Comprehensive Plan. 2006. Available online: http://minotme.org/vertical/Sites/%7B1666B81B-370A-463B-B8FB- 32BAA0E22AAF%7D/uploads/2006_Comp_PLan.pdf [Accessed 8/7/2019] Federal Energy Regulatory Commission (FERC). 2010. Environmental Inspection Report. Hackett Mills Project. Hackett Mills Hydro Associates. Little Androscoggin River. Project Number 6398. Inspector: John Mark.

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4.14 SOCIOECONOMIC RESOURCES

The following section provides a summary of selected socioeconomic variables for the project vicinity, Androscoggin County, as well as the town of Poland and Minot and the state of Maine.

4.14.1 GENERAL LAND USE PATTERNS

Approximately 61% of Androscoggin County, where the Project is located, is forested (NOAA C-CAP, 2006). Although forests account for approximately 90% of Maine's land use, a vast majority of those lands are privately owned and forest-related jobs account for only 2.4% of Maine's jobs and 1.1% of jobs in Androscoggin County. Education and health services is the largest employer in Androscoggin County, followed by retail trade and manufacturing (U.S. Census, 2016a).

4.14.2 POPULATION PATTERNS

In 2016 an estimated 107,319 people were living in Androscoggin County, making it the fifth most populated county in the state of Maine. Of those people living in Androscoggin County 5,612 were living in the town of Poland and 2,588 in the town of Minot (Table 4-15). Androscoggin County has a population density of 230 people/mi², compared to the towns of Minot and Poland which have a population density of 88, and 127.3 people/mi² respectively. (Table 4-15) (U.S. Census 2017b, 2017d).

TABLE 4-15 POPULATION STATISTICS FOR AUBURN, ANDROSCOGGIN COUNTY AND MAINE

TOWN OF TOWN OF MINOT ANDROSCOGGIN MAINE POLAND COUNTY Population Population (2016 5,612 2,588 107,319 1,331,479 estimate) Population (2010) 5,376 2,562 107,702 1,328,361 Population Growth 4.4% 1% -0.4% 0.2% (2000 to 2010) Geography (2010) Land area in square 42.23 29.75 467.93 30,842.92 miles Population Density 127.3 88 230.2 43.1 Gender (2010) Male 51.4% 49.1% 48.9% 48.9% Female 48.6% 50.2% 51.1% 51.1% Age (2010)

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TOWN OF TOWN OF MINOT ANDROSCOGGIN MAINE POLAND COUNTY Persons under 5 years 8.1% 5.4% 6.4% 5.2% old Persons under 18 years 19.9% 27% 22.6% 20.7% old Persons 65 years old and 15.8% 11.6% 14.1% 15.9% over Race (2010) Caucasian 95.4% 98.3% 91.8% 94.1% Black .3% 3.7% 1.3% American Indian and 0.4% 0.7% Alaska Native Asian 0.9% 0.7% 1.1% Native Hawaiian and 0.1% Z Other Pacific Islander Hispanic or Latino 0.3% 1.7% 1.4% Two or more races 4.1% 1.4% 2.0% 1.5% Source: U.S. Census, 2017b, 2017a 2017d, Town Charts.

4.14.3 HOUSEHOLDS/FAMILY DISTRIBUTION AND INCOME

From 2012-2016, the annual per capita personal income for Androscoggin County was $25,788 (in 2016 dollars), slightly below the state of Maine per capita personal income of $28,473. In 2012-2016, Androscoggin County had 44,747 households and an average household size of approximately 2.33 individuals. From 2012-2016, the County had same number of persons below poverty level as the state average, 12.7% respectively. (U.S. Census 2016a and 2016b).

Poland and Minot residents had an annual per capita income of $28,767, and $32,657 respectively based on 2013-2017 data, comparable to the overall average for the state of Maine (U.S Census 2017b, 2017d). The towns of Poland and Minot had 2,309 and 923 households respectively and an average household size of approximately 2.39 and 2.59 individuals for 2012- 2016 for the Town of Poland, and 2010 for the town of Minot. The percentage of persons below poverty level in the towns from 201-2016 was 8.9% in Poland and 5.8% in Minot compared to the poverty rate for Androscoggin County at 12.7% (U.S. Census 2017b and 2017d).

Approximately 89.4% of the population of Androscoggin County had an education attainment of high school graduate or higher, while 20.7% held bachelor’s degrees or higher (U.S. Census 2016a). Approximately 93% of the population of Poland had an education attainment of high

Hackett Mills Hydroelectric Project 4-65 Pre-application Document school graduate or higher, while 15.3% held bachelor’s degrees or higher (U.S. Census 2016b). In Minot 93.9% of the population had an education attainment of high school graduate or higher, while 22.9% held a bachelor’s degree or higher (U.S Census 2017d).

4.14.4 PROJECT VICINITY EMPLOYMENT SOURCES

Table 4-16 below provides 2011 data on employment sources in the towns of Poland and Minot and Androscoggin County. In Androscoggin County the education and health services sectors are the largest employers, employing 27% of the workforce. The retail trade and manufacturing sectors were also important, accounting for approximately 16% and 12% respectively (U.S. Census 2011a). In 2012, Androscoggin County was ranked 7th out of 16 counties for lowest unemployment rate at 7.4% This is comparable to the mean unemployment rate for the state of Maine which was 7.3% (MCWRI, 2012).

In 2017, there were 3,129 individuals in the labor force in the town of Poland and 1,356 in Minot. As with the county, the education and health services sector provide the greatest number of jobs employing 27% of the workforce. The retail trade and manufacturing sectors were the next largest employers’ accounting for approximately 14% and 12% respectively (U.S. Census 2011b). Androscoggin county had an unemployment rate of 5.2% in 2017, the towns of Poland and Minot had comparable unemployment rates of 5.6% and 6% respectively (U.S. Census 2017a, b, d).

TABLE 4-16 EMPLOYMENT STATISTICS FOR AUBURN, ANDROSCOGGIN COUNTY AND MAINE

TOWN OF TOWN OF ANDROSCOGGIN POLAND MINOT MAINE COUNTY

Civilian Labor Force Employment Status Number Employed 2,955 1,275 56,490 658,693 Non-Farm Employment by Industry Agricultural, Forestry, Fishing and 95 24 733 16,670 Hunting, and mining Construction 167 116 3,233 44,995 Manufacturing 282 153 6,179 60,167 Wholesale Trade 57 36 989 14,776 Retail Trade 337 129 7,327 86,841

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TOWN OF TOWN OF ANDROSCOGGIN POLAND MINOT MAINE COUNTY

Transportation and Utilities 179 52 2,021 24,306 Information 54 4 1,008 11,847 Financial Activities 181 128 3,777 40,099 Professional and Business Services 191 126 4,870 57,940 Education and Health Services 842 291 14,814 183,400 Leisure and Hospitality 8248 103 4,327 58,892 Other Services 181 84 2,487 30,488 Public administration 141 29 1,767 28,272

Source: U.S. Census, 2017a, 2017b, 2017c, 2017d

4.14.5 REFERENCES

Maine Center for Workforce Research and Information (MCWRI). 2012. Unemployment and Labor Force. [Online] URL: http://www.maine.gov/labor/cwri/laus.html. Accessed November 11, 2013. Federal Energy Regulatory Commission (FERC). 1996. Final Environmental Impact Statement Lower Androscoggin River Basin Hydroelectric Projects Maine. July, 1996. Accessed November 6, 2013. National Oceanic and Atmospheric Administration, Coastal Change Analysis Program (NOAA C-CAP). 2006. Land Cover Atlas Androscoggin County, Maine. [Online] URL: http://www.csc.noaa.gov/ccapatlas/. Accessed November 14, 2013. U.S. Census. 2011a. Selected Economic Characteristics 2007-2011 American Community Survey 5-Year Estimates Androscoggin County. [Online]. URL: http://factfinder2.census.gov/faces/tableservices/jsf/pages/productview.xhtml?src=bkmk. Accessed November 11, 2013. U.S. Census. 2016a. QuickFacts: Androscoggin County, Maine. [Online] URL: http://quickfacts.census.gov/qfd/states/23/23001.html. Accessed April 8, 2018. U.S. Census. 2016b. QuickFacts: Poland (town), Maine. [Online] URL: https://www.census.gov/quickfacts/fact/table/polandtownandroscoggincountymaine,US/P ST045218. Accessed 8/6/2019. U.S. Census. 2017a. Selected Economic Characteristics 2013-2017 American Communities survey 5-year estimates. Androscoggin County. [Online] https://factfinder.census.gov/faces/tableservices/jsf/pages/productview.xhtml?src=CF. Accessed 8/6/2019

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U.S. Census. 2017b. Selected Economic Characteristics 2013-2017 American Communities survey 5-year estimates. Poland. [Online] https://factfinder.census.gov/faces/tableservices/jsf/pages/productview.xhtml?src=CF . Accessed 8/6/2019 U.S. Census. 2017c. Selected Economic Characteristics 2013-2017 American Communities survey 5-year estimates. Maine. [Online] https://factfinder.census.gov/faces/tableservices/jsf/pages/productview.xhtml?src=CF . Accessed 8/6/2019 U.S. Census. 2017d. Selected Economic Characteristics 2013-2017 American Communities survey 5-year estimates. Minot. [Online] https://factfinder.census.gov/faces/tableservices/jsf/pages/productview.xhtml?src=CF . Accessed 8/6/2019 Town Charts. Minot Maine. [Online] http://www.towncharts.com/Maine/Demographics/Minot- town-ME-Demographics-data.html . Accessed 8/6/2019

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4.15 TRIBAL RESOURCES

4.15.1 TRIBAL LANDS AND INTERESTS

Hackett Mills Hydro is not aware of any Project effects on any Native American tribes. There are no Native American lands, known Native American traditional cultural properties or religious properties, or National Register-eligible or -listed sites associated with Native American Nations within the Project boundary.

The Project occupies a limited reach of the Little Androscoggin River and is operated in run-of- river mode, which more closely matches the natural hydrologic regime of the River. As such, project operations are not expected to affect any resources that may impact cultural or economic interests.

4.15.2 IDENTIFICATION AND CONSULTATION WITH TRIBES

Hackett Mills Hydro will be sending this PAD by mail to the five federally recognized tribes of the state.

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5.0 PRELIMINARY ISSUES AND STUDIES LIST

5.1 KNOWN OR POTENTIAL PROJECT EFFECTS

This section identifies any known or likely effects of licensing the continued operation of the existing Project. For the purposes of this PAD, Project effects are any new changes to the natural and human environment attributable to licensing the continued operation of the Project.

5.2 ANTICIPATED PROJECT EFFECTS

FERC issued a new license for the Hackett Mills Project on September 12, 1984. The Project has operated for more than 30-years under the current conditions, and no significant effects are anticipated from relicensing the continued run-of-river operations of the Project.

5.3 PRELIMINARY ISSUES, STUDIES, AND MEASURES BY RESOURCE

This section identifies issues associated with the potential effects of relicensing continued Project operations, initial study proposals based upon these issues, and current and proposed protection, mitigation, and enhancement (PM&E) measures by the Licensee to address these issues. This includes:

Potential Issues – Identification of issues is a key step in the relicensing process, because any specific concerns or questions arising from the proposed continued Project operations may need to be addressed in the context of the relicensing proceeding. BPHA attempted to identify all of the known issues that have a nexus to licensing continued Project operations.

Proposed Study Plans – Any information or study requests must comply with the requirements of 18 CFR § 16.8(b)(5). Licensing participants must provide BPHA with written comments:

• Identifying the determination of necessary studies to be performed or information to be provided by the applicant; • Identifying the basis for its determination; • Discussing its understanding of the resource issues and its goals and objectives for these resources; • Explaining why each study methodology recommended by it is more appropriate than any other available methodology alternatives, including those identified by the potential applicant;

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• Documenting that the use of each study methodology recommended by it is a generally accepted practice; • Explaining how the studies and information requested will be useful to the agency, Indian tribe, or member of the public in furthering its resource goals and objectives.

Nexus with project operations and effects is a particularly important criterion that is frequently overlooked. FERC’s 2012 Guide to Understanding and Applying the Integrated Licensing Process Study Criteria provides additional explanation:

This section of a study request should clearly explain the connection between the project and its potential effect on the applicable resource. A reasonable connection between project construction or operation and potential effects on the resource in question is a threshold requirement that must be demonstrated for the Commission to require that an applicant gather the requested information. Just as important, this section should also explain how the information would be used to develop license requirements (4).

In addition, it is important to note that in FERC licensing the environmental baseline used for National Environmental Policy Act (NEPA) analysis is considered existing conditions. As noted in FERC’s Guide, “Commission staff will not require an applicant to reconstruct pre-project conditions” (10). Specific to this Project, that means the current dam and hydropower facility operating under the current water management regime. As such, studies which examine pre- Project conditions or seek to compare current conditions to pre-Project conditions are not warranted.

Study requests must be filed with the FERC and may be electronically filed at www.ferc.gov citing the FERC Docket No. P-6398. Study requests must be filed no later than 30 days after the FERC Scoping Meeting (anticipated for October 2019). In addition, study requests should be sent to:

Michael Scarzello Regulatory Director Eagle Creek Renewable Energy 65 Madison Ave Suite 500 Morristown, NJ 07960 Phone: (973) 998-8402 Fax: (973) 998-8401 Email: [email protected]

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Continued or Proposed PM&E Measures – The issues identified for each resource area may or may not ultimately warrant specific PM&E measures or may already be addressed through PM&E measures required by the existing Project license or undertaken voluntarily by Hackett Mills Hydro. Existing relevant information and additional information obtained through studies will be used to determine if additional PM&E measures are needed.

5.3.1 GEOLOGY AND SOILS

5.3.1.1 POTENTIAL ISSUES AND PROJECT EFFECTS

As described in Section 4.2 the soils in the Project area include fine and sandy loam. The most common soil around the project is Charles silt loam and is primarily found around the Project impoundment (USDAa 2019).

The Hackett Mills Project is operated as run-of-river with limited impoundment fluctuations outside of flashboard operations. It is anticipated that continued run-of-river Project operations will not adversely affect geological resources or cause significant shoreline erosion.

5.3.1.2 PROPOSED STUDIES

Hackett Mills Hydro does not propose a study at this time.

5.3.1.3 CONTINUED OR PROPOSED PM&E MEASURES

The Project will continue to be operated as a run-of-river facility with very little fluctuation in the impoundment level. Continued run-of-river operations will limit the potential for erosion in the Project impoundment. Aside from run-of-river operations, no specific PM&E measures are currently in place or proposed relative to geologic or soil resources.

5.3.2 WATER RESOURCES

5.3.2.1 POTENTIAL ISSUES AND PROJECT EFFECTS

The lower section of the Little Androscoggin River from South Paris, Maine, to the confluence with the Androscoggin River is a Class C waterway (Maine Legislature 1989).

ECRE monitored dissolved oxygen (DO), water temperature, total phosphorus, and chlorophyll-a at two sites at the Hackett Mills Project from August 23 to September 30, 2016, in consultation

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with MDEP for LIHI certification (ECRE 2017). The DO concentration and percent saturation were above the standard for Class C waters (5 mg/L or 60 percent saturation) most of the study period with the exception of 15 hours on September 10-11 at the upstream site and 9 hours on August 26-27 and one hour on August 29 at the downstream site (ECRE 2017). Chlorophyll-a was below the state standard in all samples. Total phosphorus was below the state standard except on August 11.

Hackett Mills Hydro operates the Project as run-of-river for the purpose of protecting and enhancing water resources.

5.3.2.2 PROPOSED STUDIES

Hackett Mills Hydro anticipates input from MDEP whether additional study is necessary to supplement data collected during 2016 in support of ECRE’s LIHI application efforts.

5.3.2.3 CONTINUED OR PROPOSED PM&E MEASURES

Hackett Mills Hydro proposes to continue to operate in run-of-river mode with limited impoundment fluctuations for the purpose of protecting and enhancing aquatic resources.

5.3.3 AQUATIC RESOURCES

5.3.3.1 POTENTIAL ISSUES AND PROJECT EFFECTS

Because the project does not have a bypass reach and will continue to be run-of-river it is not anticipated that the project will adversely affect aquatic habitat in the impoundment and tailwater.

5.3.3.2 PROPOSED STUDIES

Hackett Mills Hydro believes sufficient baseline fisheries resource information is available to assess project effects. While Hackett Mills Hydro is not currently identifying fish passage related studies, fish passage issues will be discussed with the fisheries agencies to identify what future steps may be evaluated during the relicensing process.

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5.3.3.3 CONTINUED OR PROPOSED PM&E MEASURES

As ongoing study results become available and/or modifications are identified and agreed upon between Hackett Mills Hydro and stakeholders during the relicensing process, such modifications will be implemented as appropriate.

5.3.4 TERRESTRIAL WILDLIFE AND BOTANICAL RESOURCES

5.3.4.1 POTENTIAL ISSUES AND PROJECT EFFECTS

The FWS and MDIFW do not identify any significant habitats for wildlife resources in the Project area. The plant communities that currently exist within the Project boundary have become established under the existing operating regime that has generally existed for over 30 years. Hackett Mills Hydro does not propose any changes to the Project area, and it is anticipated that continued run-of-river operations will not result in adverse effects on wildlife or botanical resources.

5.3.4.2 PROPOSED STUDIES

Hackett Mills Hydro does not propose a study at this time.

5.3.4.3 CONTINUED OR PROPOSED PM&E MEASURES

Hackett Mills Hydro proposes to continue to operate the Hackett Mills Project in a run-of-river mode. There are no existing PM&E measures in-place regarding wildlife or botanical resources, and none are proposed.

5.3.5 WETLAND, RIPARIAN, AND LITTORAL HABITAT

5.3.5.1 POTENTIAL ISSUES AND PROJECT EFFECTS

The wetland, riparian, and littoral habitats that currently exist within the Project boundary have become established under the existing operating regime that has generally existed for over 30 years. It is anticipated that continued run-of-river operations will not result in adverse effects on wetland, riparian, or littoral habitats.

5.3.5.2 PROPOSED STUDIES

Hackett Mills Hydro does not propose a study at this time.

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5.3.5.3 CONTINUED OR PROPOSED PM&E MEASURES

Hackett Mills Hydro proposes to continue to operate the Hackett Mills Project in a run-of-river mode. There are no existing PM&E measures in place regarding wetland, riparian, or littoral resources, and none are proposed.

5.3.6 RARE, THREATENED, ENDANGERED AND SPECIAL STATUS SPECIES

5.3.6.1 POTENTIAL ISSUES AND PROJECT EFFECTS

Hackett Mills Hydro believes adequate information exists to assess the effects of proposed project operations on wildlife and botanical resources and will continue to coordinate with the USFWS, NMFS, and MDIFW on any potential threatened or endangered species, given the limited availability of habitat.

5.3.6.2 PROPOSED STUDIES

Hackett Mills Hydro does not propose a study at this time.

5.3.6.3 CONTINUED OR PROPOSED PM&E MEASURES

Hackett Mills Hydro proposes to continue to operate the Hackett Mills Project in a run-of-river mode.

5.3.7 RECREATION AND LAND USE

5.3.7.1 POTENTIAL ISSUES AND PROJECT EFFECTS

There are no FERC-approved Project recreation facilities. Non-project recreation facilities providing access to project lands and waters and provides a portage area and informal access to fishermen.

5.3.7.2 PROPOSED STUDIES

Hackett Mills Hydro does not propose a study at this time.

5.3.7.3 CONTINUED OR PROPOSED PM&E MEASURES

Hackett Mills Hydro proposes to continue to operate the Hackett Mills Project in a run-of-river mode. There are no existing PM&E measures in place regarding recreation or land use, and none are currently proposed.

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5.3.8 AESTHETIC RESOURCES

5.3.8.1 POTENTIAL ISSUES AND PROJECT EFFECT

No issues have been identified relative to aesthetic resources.

5.3.8.2 PROPOSED STUDIES

Hackett Mills Hydro does not propose a study at this time.

5.3.8.3 CONTINUED OR PROPOSED PM&E MEASURES

Hackett Mills Hydro proposes to continue to operate the Hackett Mills Project in a run-of-river mode. There are no existing PM&E measures in-place regarding aesthetic resources, and none are proposed.

5.3.9 CULTURAL RESOURCE ISSUES

5.3.9.1 POTENTIAL ISSUES AND PROJECT EFFECTS

Project operations could potentially affect cultural resources if water levels result in significant erosion and the exposure of resources of significance. Ground disturbances associated with activities such as land-clearing or construction activities can also expose culturally significant resources, making them susceptible to alteration, damage, and theft/vandalism.

No Project construction activities are being proposed as part of this relicensing. Project operations and potential mitigation measures are not expected to extend beyond the current project boundary.

5.3.9.2 PROPOSED STUDIES

As the Project is operated in run-of-river mode with limited impoundment fluctuations, Hackett Mills Hydro does not anticipate the relicensing will affect archeological or architectural resources. Hackett Mills Hydro does not propose a study at this time.

5.3.9.3 CONTINUED OR PROPOSED PM&E MEASURES

Hackett Mills Hydro proposes to continue to operate the Hackett Mills Project in a run-of-river mode. The need for any further PM&E measures will be determined in consultation with the Maine SHPO during the relicensing process.

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If changes to the Project are found to be necessary during relicensing or after a license has been issued, Hackett Mills Hydro would consult with the Maine SHPO before beginning any land- clearing or land-disturbing activities within the Project boundaries. The consultation will determine the need to conduct archeological or historical survey(s) or implement further avoidance or mitigation measures before undertaking the action.

5.3.10 TRIBAL RESOURCES

5.3.10.1 POTENTIAL ISSUES AND PROJECT EFFECTS

Hackett Mills Hydro is not aware that the Project affects any Native American tribes. There are no Native American lands, known Native American traditional cultural properties or religious properties, or National Register-eligible or -listed sites associated with Native American Nations within the Project boundary.

5.3.10.2 PROPOSED STUDIES

Hackett Mills Hydro does not propose a study at this time

5.3.10.3 CONTINUED OR PROPOSED PM&E MEASURES

No measures have been identified and none are proposed.

5.3.11 SOCIOECONOMIC RESOURCES

5.3.11.1 POTENTIAL ISSUES AND PROJECT EFFECTS

There is no redevelopment potential identified for the Project, and Hackett Mills Hydro proposes continued run-of-river operations. No issues have been identified relative to socioeconomic resources.

5.3.11.2 PROPOSED STUDIES

Hackett Mills Hydro does not propose a study at this time.

5.3.11.3 CONTINUED OR PROPOSED PM&E MEASURES

Hackett Mills Hydro proposes to continue to operate the Hackett Mills Project in a run-of-river mode. There are no existing PM&E measures in place regarding socioeconomic resources, and none are proposed.

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5.3.12 REFERENCES

Eagle Creek Renewable Energy, LLC (ECRE). 2017. Hackett Mills Hydroelectric Project Water Quality Report 2016, Little Androscoggin River, Minot, Maine. Prepared by TRC, January 2017.

Maine Legislature. 1989. MRSA Title 38 §464-470. Classification of major river basins, Maine Revised Statutes. Available online: http://legislature.maine.gov/statutes/38/title38sec467.html [Accessed August 6, 2019].

United States Department of Agriculture (USDAa). 2019. Charles Series. Available online. https://soilseries.sc.egov.usda.gov/OSD_Docs/C/CHARLES.html . (Accessed August 5, 2019)

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5.4 POTENTIALLY RELEVANT QUALIFYING FEDERAL AND STATE OR TRIBAL COMPREHENSIVE WATERWAY PLANS

Section 10(a) of the Federal Power Act (FPA), 16 U.S.C. § 803(a)(2)(A), requires FERC to consider the extent to which a Project is consistent with Federal or state comprehensive plans for improving, developing, or conserving a waterway or waterways affected by the Project. On April 27, 1988, FERC issued Order No. 481—A revising Order No. 481, issued October 26, 1987, establishing that FERC will accord FPA Section 10(a)(2)(A) comprehensive plan status to any Federal or state plan that:

• Is a comprehensive study of one or more of the beneficial uses of a waterway or waterways. • Specifies the standards, the data, and the methodology used. • Is filed with the Secretary of the Commission.

FERC currently lists comprehensive plans for the State of New Hampshire and U.S. resources. Of these listed plans, 5 are potentially relevant to the Project, as listed below in Table 5-1. These plans may be useful in the relicensing proceeding for characterizing desired conditions.

TABLE 5-1 LIST OF QUALIFYING FEDERAL AND STATE COMPREHENSIVE WATERWAY PLANS POTENTIALLY RELEVANT TO THE HACKETT MILLS PROJECT RESOURCE COMPREHENSIVE PLAN National Oceanic and National Oceanic and Atmospheric Administration, Office of Atmospheric Ocean and Coastal Resource Management. New Hampshire Office Administration, Office of of State Planning. 1988. New Hampshire coastal program and final Ocean and Coastal environmental impact statement. Washington, D.C. July 1988. Resource Management National Park Service National Park Service. The Nationwide Rivers Inventory. Department of the Interior, Washington, D.C. 1993. New Hampshire Office of New Hampshire Office of State Planning. 1977. Wild, scenic, & State Planning recreational rivers for New Hampshire. Concord, New Hampshire. June 1977. U.S. Fish and Wildlife U.S. Fish and Wildlife Service. 1989. Atlantic salmon restoration Service in New England: Final environmental impact statement 1989- 2021. Department of the Interior, Newton Corner, Massachusetts. May 1989. U.S. Fish and Wildlife U.S. Fish and Wildlife Service. n.d. Fisheries USA: the Service recreational fisheries policy of the U.S. Fish and Wildlife Service. Washington, D.C.

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5.5 POTENTIALLY RELEVANT RESOURCE MANAGEMENT PLANS

In addition to the qualifying Federal, state, and Tribal comprehensive waterway plans listed in Section 5.0, some resource agencies have developed resource management plans to help guide their actions regarding specific resources of jurisdiction. The resource management plans listed in Table 5-2 may be relevant to the Project and may be useful in the relicensing proceeding for characterizing desired conditions.

TABLE 5-2 LIST OF RELEVANT RESOURCE MANAGEMENT PLANS POTENTIALLY RELEVANT TO THE HACKETT MILLS PROJECT. RESOURCE RESOURCE MANAGEMENT PLAN Atlantic States Marine Fisheries Commission Atlantic States Marine Fisheries Commission. 1998. Amendment 1 to the Interstate Fishery Management Plan for Atlantic sturgeon (Acipenser oxyrhynchus oxyrhynchus). (Report No. 31). July 1998 Atlantic States Marine Fisheries Commission Atlantic States Marine Fisheries Commission. 1998. Interstate fishery management plan for Atlantic striped bass. (Report No. 34). January 1998. Atlantic States Marine Fisheries Commission Atlantic States Marine Fisheries Commission. 1999. Amendment 1 to the Interstate Fishery Management Plan for shad and river herring. (Report No. 35). April 1999. Atlantic States Marine Fisheries Commission Atlantic States Marine Fisheries Commission. 2000. Interstate Fishery Management Plan for American eel (Anguilla rostrata). (Report No. 36). April 2000. Atlantic States Marine Fisheries Commission Atlantic States Marine Fisheries Commission. 2000. Technical Addendum 1 to Amendment 1 of the Interstate Fishery Management Plan for shad and river herring. February 9, 2000. Atlantic States Marine Fisheries Commission Atlantic States Marine Fisheries Commission. 2008. Amendment 2 to the Interstate Fishery Management Plan for American eel. Arlington, Virginia. October 2008. Atlantic States Marine Fisheries Commission Atlantic States Marine Fisheries Commission. 2009. Amendment 2 to the Interstate Fishery Management Plan for shad and river herring, Arlington, Virginia. May 2009. Atlantic States Marine Fisheries Commission Atlantic States Marine Fisheries Commission. 2010. Amendment 3 to the Interstate Fishery Management Plan for shad and river herring,

Hackett Mills Hydroelectric Project 5-11 Pre-application Document

RESOURCE RESOURCE MANAGEMENT PLAN Arlington, Virginia. February 2010 Atlantic States Marine Fisheries Commission Atlantic States Marine Fisheries Commission. 2013. Amendment 3 to the Interstate Fishery Management Plan for American eel. Arlington, Virginia. August 2013. Atlantic States Marine Fisheries Commission Atlantic States Marine Fisheries Commission. 2014. Amendment 4 to the Interstate Fishery Management Plan for American eel. Arlington, Virginia. October 2014 National Marine Fisheries Service National Marine Fisheries Service. 1998. Final Amendment #11 to the Northeast Multi-species Fishery Management Plan; Amendment #9 to the Atlantic sea scallop Fishery Management Plan; Amendment #1 to the monkfish Fishery Management Plan; Amendment #1 to the Atlantic salmon Fishery Management Plan; and Components of the proposed Atlantic herring Fishery Management Plan for Essential Fish Habitat. Volume 1. October 7, 1998 New Hampshire Office of State Planning New Hampshire Office of State Planning. 1989. New Hampshire wetlands priority conservation plan. Concord, New Hampshire. New Hampshire Office of Energy and Planning New Hampshire Office of Energy and Planning. New Hampshire Statewide Comprehensive Outdoor Recreation Plan (SCORP): 2008-2013. Concord, New Hampshire. December 2007. New Hampshire Office of State Planning New Hampshire Office of State Planning. 1991. Public access plan for New Hampshire's lakes, ponds, and rivers. Concord, New Hampshire. November 1991. State of New Hampshire State of New Hampshire. 1991. New Hampshire rivers management and protection program [as compiled from NH RSA Ch. 483, HB 1432-FN (1990) and HB 674-FN (1991)]. Concord, New Hampshire.

5.5.1 REFERENCES

Federal Energy Regulatory Commission. 2012. List of Comprehensive Plans. January 2018. [Online] URL: http://www.ferc.gov/industries/hydropower/geninfo/ licensing/complan.pdf. Accessed August 3, 2018.

Hackett Mills Hydroelectric Project 5-12 Pre-application Document

6.0 LITERATURE AND EXISTING INFORMATION SOURCES CITED IN THE DESCRITPIONS AND SUMMARIES OF EXISTING RESOURCE DATA

Atlas of Maine. 1983. North American Datum. Transverse Mercator Projection. Androscoggin Valley Council of Governments (AVCOG). 2005. Economic Development Strategy. Poland Maine[Online] URL: https://www.polandtownoffice.org/sites/polandme/files/uploads/landusemap.pdf [Accessed 7/23/2019] Androscoggin Valley Council of Governments (AVCOG). 2009. Western Maine Regional Open Space Policy Draft. [Online] URL: http://www.avcog.org/DocumentCenter/Home/View/42. Accessed August 15, 2019. Androscoggin Valley Council of Governments (AVCOG). 2011. Androscoggin County Hazard Mitigation Plan. [Online] URL: http://www.androscogginema.org/HazMit.pdf. Accessed April 8, 2018. Balazs, Emma E. 2009. Atlas of Maine. [Online] URL: https://digitalcommons.colby.edu/cgi/viewcontent.cgi?referer=https://www.google.com/ &httpsredir=1&article=1002&context=atlas_docs. Accessed April 8, 2018. Bethel Historical Society. 2007. A River's Journey: The Story of the Androscoggin. [Online] URL: http://www.bethelhistorical.org/A_River's_Journey.html. Accessed December 19, 2013. City of Auburn. 2010. Auburn Comprehensive Plan Update. [Online] URL: http://www.auburnmaine.gov/CMSContent/Planning/Comprehensive_Plan_FINAL_Appr oved_4_19_11.pdf. Accessed December 19, 2013. DeGraaf, Richard M.; Rudis, Deborah D. 1986. New England wildlife: habitat, natural history, and distribution. Gen. Tech. Rep. NE-108. Broomall, PA: U.S. Department of Agriculture, Forest Service, Northeastern Forest Experimental Station. 491 p. DeGraaf, R.M. and Yamasaki. 2001. New England Wildlife: Habitat, natural history and distribution. 2nd edition. Hanover, NH: University Press of New England. 482 pp. Eagle Creek Renewable Energy (ECRE). 2017. 2015 and 2016 Annual Fish Passage Status Reports for the Worumbo Project, FERC No. 3428. July 27, 2018. ENSR Corporation (ENSR). 2007. "Chapter 5 Androscoggin River Basin." Historic Flooding in Major Drainage Basins, Maine. [Online] URL: https://www.maine.gov/dacf/flood/docs/maineriverbasin/maineriverbasinreport_chap5.pd f. October, 2007. Accessed April 8, 2018. Fay, C., M. Bartron, S. Craig, A. Hecht, J. Pruden, R. Saunders, T. Sheehan, and J. Trial. 2006. Status Review for Anadromous Atlantic Salmon (Salmo salar) in the United States. Report to the National Marine Fisheries Service and U.S. Fish and Wildlife Service. 294 pages.

Hackett Mills Hydroelectric Project 6-1 Pre-application Document

Federal Energy Regulatory Commission (FERC). 1984. Order Issuing License (Minor) Hackett Mills Hydro Associates’ Hackett Mills Project No. 6398. 28 FERC § 62,359. September 12, 1984. Federal Energy Regulatory Commission (FERC). 1996. Final Environmental Impact Statement Lower Androscoggin River Basin Hydroelectric Projects Maine. July, 1996. Accessed November 6, 2013. Federal Energy Regulatory Commission (FERC 2010). 2010. Environmental Inspection Report, Hackett Mills Project (FERC# p-6398). Available online. (https://elibrary.ferc.gov/idmws/common/opennat.asp?fileID=12745319). [Accessed 8/1/19] FERC. 2011. Environmental Inspection Report: Hackett Mills Project FERC No. 6398. Inspected September 2010. Federal Emergency Management Agency (FEMA). 2012. Flood Insurance Study: Androscoggin County. [Online] URL: http://www.starr- team.com/starr/RegionalWorkspaces/RegionI/AndroscogginMEriverine/Preliminary%20 Maps/Preliminary%20Flood%20Insurance%20Study%20(FIS)/23001CV002A.pdf. Accessed February 12, 2018. Federal Energy Regulatory Commission. 2012. List of Comprehensive Plans. January 2018. [Online] URL: http://www.ferc.gov/industries/hydropower/geninfo/ licensing/complan.pdf. Accessed August 3, 2018. Federal Emergency Management Agency (FEMA). 2013. Flood Insurance Study Number 23001CV002A: Androscoggin County, Maine. Available online: https://msc.fema.gov/portal/availabilitySearch?addcommunity=230001&communityNam e=AUBURN, CITY OF#searchresultsanchor [Accessed August 6, 2019]. Ferwerda, John A., Kenneth J. LaFlamme, Norman R. Kalloch, Jr. and Robert V. Rourke. (1997). The Soils of Maine. University of Maine, Agricultural and Forest Experiment Station. [Online] URL: http://www.umaine.edu/mafes/elec_pubs/miscrepts/mr402.pdf Accessed April 8, 2018. Geology.com. 2018. Maine Map Collection. [Online] URL: https://geology.com/state- map/maine.shtml. Accessed April 8, 2018. Google Maps. 2019a. "Bryant Pond." Available online: https://www.google.com/maps/@44.198826,-70.5742317,10z [Accessed 7/23/19] Google Maps. 2019b. “Little Androscoggin Confluence with Androscoggin.” Available online: https://www.google.com/maps/@44.0890604,-70.2001614,12.16z [Accessed 7/23/19] Hackett Mills Hydro Associates, LLC (HMHA). 2017. Hackett Mills Hydroelectric Project Water Quality Report 2016, Little Androscoggin River, Minot, Maine. Prepared by TRC, January 2017. Hunter, M. L., Aram J. K. Calhuon, and M. McCollough. 1999. Maine Amphibians and Reptiles. The University of Maine Press, Orono, Maine. 252 pp. Irland, Lloyd C. 1998. Maine's Forest Area, 1600-1995: Review of Available Estimates. [Online] URL:

Hackett Mills Hydroelectric Project 6-2 Pre-application Document

https://digitalcommons.library.umaine.edu/cgi/viewcontent.cgi?article=1033&context=ae s_miscpubs. Accessed April 8, 2018. Maine Center for Workforce Research and Information (MCWRI). 2012. Unemployment and Labor Force. [Online] URL: http://www.maine.gov/labor/cwri/laus.html. Accessed November 11, 2013. Maine Department of Agriculture, Conservation and Forestry (MDACF). 2013. Maine Natural Areas Program: Maine Rare Plant List and Rare Plant Fact Sheets. [Online] URL: http://www.maine.gov/dacf/mnap/features/rare_plants/plantlist.htm Accessed August 15, 2019. Maine Department of Agriculture, Conservation and Forestry (MDACF). 2013. Maine Invasive Plant Fact Sheets. [Online] URL: http://www.maine.gov/dacf/mnap/features/invasive_plants/invsheets.htm#currinv Accessed April 8, 2018. Maine Department of Agriculture, Conservation, and Forestry (MDACF) Bureau of Parks & Lands. 2015. Maine State Comprehensive Outdoor Recreation Plan, 2014-2019. [Online] URL: https://www1.maine.gov/dacf/parks/publications_maps/docs/final_SCORP_rev_10_15_p lan_only.pdf. Accessed August 15, 2019. Maine Department of Agriculture, Conservation and Forestry (MDACF). 201. Maine Natural Areas Program: Rare and exemplary botanical features in proximity to: FERC No. 6398, Hackett Mills Hydroelectric Project, Minot and Poland, Maine. August 1, 2019. Maine Department of Agriculture, Conservation, and Forestry (MDACF). 2018. Bureau of Parks & Lands. State Parks and Public Lands. [Online] URL: http://www.maine.gov/cgi- bin/online/doc/parksearch/index.pl. Accessed August 15, 2019. Maine Department of Agriculture, Conservation and Forestry (MDACF). 2018. Maine Geological Survey. [Online] URL: http://www.maine.gov/dacf/mgs/pubs/online/bedrock/state.htm Accessed April 8, 2018. Maine Department of Defense, Veterans, and Emergency Management (MDDVEM). 2010. 2010 State Hazard Mitigation Plan. [Online] URL: http://www.maine.gov/mema/mitigation/mema_mit_plans.shtml. Accessed April 8, 2018. Maine Department of Environmental Protection (MDEP). 2012a. Chapter 584 Surface Water Quality Criteria for Toxic Pollutants. July 29, 2012. Available online: http://www.maine.gov/dep/water/wqs/index.html [Accessed August 12, 2019]. Maine Department of Environmental Protection (MDEP). 2012b. Draft Chapter 583 Nutrient Criteria for Surface Waters. June 12, 2012. Available online: https://www.maine.gov/dep/water/nutrient-criteria/index.html [Accessed August 12, 2019]. Maine Department of Environmental Protection (MDEP). 2013. Wetland Life. [Online] URL: http://www.maine.gov/dep/water/wetlands/life.html. Accessed December 9, 2013. Maine Department of Environmental Protection (MDEP). 2016. Biological Monitoring Program. Station S-1104 Little Androscoggin River Log Number 2520. Accessed August 1, 2019. [Online] http://www.maine.gov/dep/water/monitoring/biomonitoring/data.htm.

Hackett Mills Hydroelectric Project 6-3 Pre-application Document

Maine Department of Environmental Protection (MDEP). 2019a. DEP Interactive Maps and Data. Wastewater Facilities, Outfalls, and CSO’s. Available online: http://www.maine.gov/dep/gis/datamaps/index.html [Accessed August 8, 2019]. Maine Department of Environmental Protection (MDEP). 2019b, Biological Monitoring Program Data and Maps. Available online: https://www.maine.gov/dep/water/monitoring/biomonitoring/data.html [Accessed 9, 2019]. Maine Department of Inland Fisheries and Wildlife (MDIFW). 2005. Maine’s Comprehensive Wildlife Conservation Strategy. [Online] URL: http://www.maine.gov/ifw/wildlife/reports/wap.html. Accessed November 25, 2013. Maine Department of Inland Fisheries and Wildlife (MDIFW). 2010a. Maine Endangered Species Act. [Online] URL: http://www.mainelegislature.org/legis/statutes/12/title12ch925sec0.html. Accessed August 15, 2019. Maine Department of Inland Fisheries and Wildlife (MDIFW). 2015. Maine’s Wildlife Action Plan. [Online] URL: http://www.maine.gov/ifw/wildlife/reports/pdfs/2015%20ME%20WAP%20Front_DRAF T.pdf l. Accessed April 8, 2018. Maine Department of Inland Fisheries and Wildlife (MDIFW). 2018. Species of Special Concern. [Online] URL: http://www.maine.gov/ifw/fish-wildlife/wildlife/endangered- threatened-species/special-concern.html. Accessed February 9, 2018 Maine Department of Inland Fisheries and Wildlife (MDIFW). 2019. Current Stocking Information. [Online] URL: https://www.maine.gov/ifw/fishing-boating/fishing/fishing- resources/fish-stocking-report.html Accessed August 8,2019. Maine Department of Inland Fisheries and Wildlife (MDIFW 2019). 2019. Habitat Data. Available online: https://hub.arcgis.com/app/maine::maine-department-of-inland- fisheries-and-wildlife-habitat-data . Accessed August 5, 2019 Maine Department of Marine Resources (MDMR). 2010. Androscoggin River Anadromous Fish Restoration Program Report - 2010. Maine Department of Marine Resources (MDMR). 2016. Anadromous Fish Restoration in the Androscoggin River Watershed. May 2016. Maine Department of Marine Resources (MDMR). 2016. Androscoggin River Project. [Online] URL: http://www.maine.gov/dmr/science-research/searun/programs/androscoggin.html. Accessed July 8, 2016. Maine Department of Marine Resources (MDMR) and Maine Department of Inland Fisheries and Wildlife (MDIFW). 2017. Draft Fisheries Management Plan for the Lower Androscoggin River, Little Androscoggin River and Sabattus River. September 2017. Accessed February 9, 2018. [Online]http://www.auburnmaine.gov/CMSContent/Planning/Rivers_and_Hydropower/1 1_2017%20Docs/2017%20Draft%20Fisheries%20Management%20Plan%20for%20the %20Lower%20Andro,%20Little%20Andro%20and%20Sabattus%20Rivers.pdf

Hackett Mills Hydroelectric Project 6-4 Pre-application Document

Maine Invasive Species Network (MISN). 2013. University of Maine: Maine Invasive Species Network. [Online] URL: http://umaine.edu/invasivespecies/ Accessed April 8, 2018. Maine's Lakes and Mountains Tourism Council (MLMTC). 2018. Sightseeing. [Online] URL: https://mainelakesandmountains.com/theme/sightseeing/vtm03ABB02E693BE46C9. Accessed February 26, 2018. Maine Legislature. 1989. MRS Title 38 §467. Classification of major river basins, Maine Revised Statutes. [Online] URL: http://www.mainelegislature.org/legis/statutes/38/title38sec467.pdf. Accessed April 8, 2018. Maine Office of Tourism (MOT). 2017. Visitor Tracking Research 2016 Calendar Year Annual Report. [Online] URL: https://motpartners.com/wp-content/uploads/2019/06/2018- Annual-Report.pdf. Accessed August 15, 2019. Maine Rivers. 2018. Androscoggin A Brief History. [Online] URL: http://mainerivers.org/watershed-profiles/androscoggin-watershed/. Accessed April 8, 2018. Maine Trail Finder. 2019. [Online] URL: http://www.mainetrailfinder.com/. Accessed August 15, 2019. Maine Volunteer Lake Monitoring Program (MVLMP). 2013. VLMP Center for Invasive Aquatic Plants. [Online] URL: http://www.mciap.org/ Accessed November 27, 2013. Midwest Biodiversity Institute (MBI). 2006. The Spatial and Relative Abundance Characteristics of the Fish Assemblages in Three Maine Rivers: 2002 and 2003. Technical report MBI/12-05-1. September 1, 2006. Miller Hydro Group. 2013. Worumbo Project Annual Fish Passage Status Report. July 29, 2013. Miller Hydro Group. 2014. Worumbo Project Annual Fish Passage Status Report. July 11, 2014. Morin, R. 1991. Atlantic salmon (Salmo salar) in the lower Nastapoka River, Quebec: distribution and origins of salmon in eastern Hudson Bay. Canadian Journal of Zoology 69:1674-1681 Multi-Resolution Land Characteristics Consortium (MRLC). 2011. National Land Cover Database 2011. [Online] URL: https://www.mrlc.gov/. Accessed August 15, 2019. National Marine Fisheries Service (NMFS). 1998. Essential Fish Habitat Description Atlantic salmon (Salmo salar). [Online] URL: http://www.nero.noaa.gov/hcd/salmon.pdf. Accessed July 8, 2016. National Marine Fisheries Service (NMFS). 2009. Species of Concern: River herring (Alewife & Blueback herring) Alosa pseudoharengus and Alosa aestivalis. National Marine Fisheries Service (NMFS). 2009. Endangered and Threatened Species; Designation of Critical Habitat for Atlantic Salmon (Salmo salar) Gulf of Maine Distinct Population Segment; Final Rule. Volume 74, No. 117 29300. National Marine Fisheries Service (NMFS). 2016. Essential Fish Habitat (EFH) Mapper. [Online] URL: http://www.habitat.noaa.gov/protection/efh/efhmapper/. Accessed July 22, 2016.

Hackett Mills Hydroelectric Project 6-5 Pre-application Document

National Oceanic and Atmospheric Administration, Coastal Change Analysis Program (NOAA C-CAP). 2006. Land Cover Atlas Androscoggin County, Maine. [Online] URL: https://coast.noaa.gov/ccapatlas/. Accessed April 8, 2018. National Oceanic and Atmospheric Administration, National Climate Data Center (NOAA NCDC). 2018. Summary of Monthly Normals 1981-2010 Lewiston, ME. [Online] URL: https://www.ncdc.noaa.gov/cdo-web/datatools/findstation. Accessed April 8, 2018. Nedeau, J., McCollough, M.A., and Swartz, B. 2000. The Freshwater Mussels of Maine. Maine Department of Inland Fisheries and Wildlife, Augusta. 118 pp. New Hampshire Fish and Game (NHFG). 2018. Bald eagle (Haliaeetus leucocephalus). [Online] https://www.wildlife.state.nh.us/wildlife/profiles/bald-eagle.html. Accessed June 15, 2018. Ne-Do-Ba. 1997. Map of Laurel Hill (Auburn Maine). [Online] URL: http://www.nedoba.org/map_002.html. Accessed December 19, 2013. Peakbagger.com (Peakbagger). 2018. Shackley Hill, Maine. [Online] URL: http://www.peakbagger.com/peak.aspx?pid=6715. Accessed April 8, 2018.Town of Poland. Comprehensive Plan. 2008. Available online: https://www.polandtownoffice.org/sites/polandme/files/uploads/cp042808.pdf [Accessed 7/23/19] Poland Comprehensive Plan Update (PCPU). 2008. Enactment Version May 2008. [Online] https://www.polandtownoffice.org/sites/polandme/files/uploads/cp042808.pdf. Access August 15, 2019. Swartz, B. I., and E. Nedeau. 2007. Freshwater Mussel Assessment. Accessed November 2, 2017. [Online] http://www.maine.gov/ifw/docs/FWMussel_speciesassessment.pdf. Synergics, Inc (1983). Hackett Mills Project. Application for License. Minor Water Power Project. Project No. 6398. Town Charts. Minot Maine. [Online] http://www.towncharts.com/Maine/Demographics/Minot- town-ME-Demographics-data.html . Accessed 8/6/2019 Town of Minot. Comprehensive Plan. 2006. Available online: http://minotme.org/vertical/Sites/%7B1666B81B-370A-463B-B8FB- 32BAA0E22AAF%7D/uploads/2006_Comp_PLan.pdf [Accessed 8/7/2019] Town of Poland. Comprehensive Plan. 2008. Available online: https://www.polandtownoffice.org/sites/polandme/files/uploads/cp042808.pdf [Accessed 7/23/19] U.S. Army Corps of Engineers (USACE). 2016. National Inventory of Dams Interactive Map. [Online] URL: http://nid.usace.army.mil/cm_apex/f?p=838:7:0::NO. Accessed April 8, 2018. U.S. Army Corps of Engineers (USACE). 2018. National Inventory of Dams. [Online] URL: http://geo.usace.army.mil/pgis/f?p=397:4:1473658987832501::NO. Accessed February 14, 2018. U.S. Census. 2011a. Selected Economic Characteristics 2007-2011 American Community Survey 5-Year Estimates Androscoggin County. [Online]. URL:

Hackett Mills Hydroelectric Project 6-6 Pre-application Document

http://factfinder2.census.gov/faces/tableservices/jsf/pages/productview.xhtml?src=bkmk. Accessed November 11, 2013. U.S. Census. 2016a. QuickFacts: Androscoggin County, Maine. [Online] URL: http://quickfacts.census.gov/qfd/states/23/23001.html. Accessed April 8, 2018. U.S. Census. 2016b. QuickFacts: Poland (town), Maine. [Online] URL: https://www.census.gov/quickfacts/fact/table/polandtownandroscoggincountymaine,US/P ST045218. Accessed 8/6/2019. U.S. Census. 2017a. Selected Economic Characteristics 2013-2017 American Communities survey 5-year estimates. Androscoggin County. [Online] https://factfinder.census.gov/faces/tableservices/jsf/pages/productview.xhtml?src=CF. Accessed 8/6/2019 U.S. Census. 2017b. Selected Economic Characteristics 2013-2017 American Communities survey 5-year estimates. Poland. [Online] https://factfinder.census.gov/faces/tableservices/jsf/pages/productview.xhtml?src=CF . Accessed 8/6/2019 U.S. Census. 2017c. Selected Economic Characteristics 2013-2017 American Communities survey 5-year estimates. Maine. [Online] https://factfinder.census.gov/faces/tableservices/jsf/pages/productview.xhtml?src=CF . Accessed 8/6/2019 U.S. Census. 2017d. Selected Economic Characteristics 2013-2017 American Communities survey 5-year estimates. Minot. [Online] https://factfinder.census.gov/faces/tableservices/jsf/pages/productview.xhtml?src=CF . Accessed 8/6/2019 U.S. Census. 2017. QuickFacts: Androscoggin County, Maine. [Online] URL: http://quickfacts.census.gov/qfd/states/23/23001.html. Accessed April 8, 2018. United States Department of Agriculture (USDAa). 2019. Charles Series. Available online. https://soilseries.sc.egov.usda.gov/OSD_Docs/C/CHARLES.html . (Accessed August 5, 2019) United States Department of Agriculture (USDAa). 2019. Charles Series. Available online. https://soilseries.sc.egov.usda.gov/OSD_Docs/C/CHARLES.html . (Accessed August 5, 2019) United States Department of Agriculture (USDAb). 2019. Adams Series. Available online. https://soilseries.sc.egov.usda.gov/OSD_Docs/A/ADAMS.html . (Accessed August 5, 2019) United States Department of Agriculture (USDAc). 2019. Ninigret Series. Available online. https://soilseries.sc.egov.usda.gov/OSD_Docs/N/NINIGRET.html. (Accessed August 5, 2019) United States Department of Agriculture (USDAd). 2019. Web soil survey. Available online. https://websoilsurvey.sc.egov.usda.gov/App/WebSoilSurvey.aspx. (Accessed August 5, 2019)

Hackett Mills Hydroelectric Project 6-7 Pre-application Document

U.S. Department of Interior: U.S. Fish and Wildlife Service (USFWS). 2019. List of threatened and endangered species that may occur in your proposed project location, and/or may be affected by your project. Hackett Mills Hydroelectric Project (P-6398). August 1, 2019. U.S. Geological Survey (USGS). 1996. Classification of Wetlands and Deepwater Habitats of the United States: Riverine Systems. [Online] URL: http://www.npwrc.usgs.gov/resource/wetlands/classwet/riverine.htm. Accessed April 8, 2018. U.S. Geological Survey (USGS). 2006b. Classification of Wetlands and Deepwater Habitats of the United States: Unconsolidated Bottom. [Online] URL: http://www.npwrc.usgs.gov/resource/wetlands/classwet/unconsol.htm. Accessed November 26, 2013. U.S. Geological Survey (USGS). 2007. Scoping of Flood Hazard Mapping Needs for Androscoggin County, Maine. [Online] URL: http://pubs.usgs.gov/of/2007/1131/ofr_2007_1131.pdf. Accessed April 8, 2018. U.S. Geological Survey (USGS). 2018a. USGS 01057000 Little Androscoggin River near South Paris, Maine. [Online] URL: http://waterdata.usgs.gov/me/nwis/uv/?site_no=01057000&PARAmeter_cd=00065,0006 0. Accessed April 8, 2018. U.S. Geological Survey (USGS). 2018b. USGS 01057000 Little Androscoggin River near South Paris, Maine Little Androscoggin River Basin. [Online] URL: http://water.usgs.gov/nwc/NWC/sw/man/S01057000.html. Accessed April 8, 2018. U.S. Geological Survey (USGS). 2018c. Feature Detail Report for: Little Androscoggin River. [Online] URL: http://geonames.usgs.gov/pls/gnispublic/f?p=gnispq:3:798291530516154::NO::P3_FID:5 69659. Accessed April 8, 2018. United States Geological Survey (USGS). 2019a. StreamStats. Available online: https://streamstats.usgs.gov/ss/ [Accessed August 6, 2019]. United States Geological Survey (USGS). 2019b. USGS 01057000 Little Androscoggin River near South Paris, Maine. Available online: https://waterdata.usgs.gov/me/nwis/uv/?site_no=01057000&agency_cd=USGS [Accessed August 8, 2019]. U.S. Fish and Wildlife Service (USFWS). 2012. National Wetlands Inventory Mapper – Androscoggin County, Maine. [Online] URL: http://www.fws.gov/wetlands/Wetlands- Mapper.html Accessed on November 26, 2013. USFWS. 2012. Maine Field Office: Small whorled pogonia. [Online] URL: https://www.fws.gov/mainefieldoffice/Small_whorled_pogonia.html Accessed August 15, 2019. U.S. Fish and Wildlife Service (USFWS). 2016. Species Profile: Northern Long-Eared Bat (Myotis septentrionalis). Available online at https://ecos.fws.gov/ecp0/profile/speciesProfile?spcode=A0JE Accessed July 1, 2019.

Hackett Mills Hydroelectric Project 6-8 Pre-application Document

USFWS. 2016b. Small Whorled Pogonia (isotria medeoloides). [Online] URL: https://www.fws.gov/Midwest/endangered/plants/swpo/index.html. Accessed August 15, 2019. U.S. Fish and Wildlife Service and NOAA-Fisheries. 2016. Draft recovery plan for the Gulf of Maine Distinct Population Segment of Atlantic salmon (Salmo salar). 61 pp. U.S. Fish and Wildlife Service (USFWS). 2019a. National Wetlands Inventory [Online] URL: https://www.fws.gov/wetlands/data/Mapper.html Accessed August 15, 2019. U.S. Fish and Wildlife Service (USFWS). 2019b. National Wetlands Inventory Wetland Decoder. [Online] URL: https://www.fws.gov/wetlands/Data/Wetland-Codes.html Accessed August 15, 2019. Walter L. Mower. 1938. Sesquicentennial History of the Town of Greene, Androscoggin County, Maine 1775 to 1900 With Some Matter Extending to a Later Date. [Online] URL: http://www.rootsweb.ancestry.com/~mecgrene/history/history.htm. Accessed December 19, 2013.

Hackett Mills Hydroelectric Project 6-9 Pre-application Document

APPENDIX A

DISTRIBUTION LIST

Hackett Mills Distribution List August 2019

Federal Agencies Mr. Sean McDermott Fisheries Biologist Mr. Dustin Wilson National Oceanic & Atmospheric Administration, Federal Energy Regulatory Commission National Marine Fishieries Service 888 First Street, NE 55 Great Republic Drive Washington, DC 20426 Gloucester, MA 01930 [email protected] [email protected]

Mr. John Spain Mr. Jay Clement Regional Engineer U.S. Army Corps of Engineers Federal Energy Regulatory Commission 675 Western Avenue Office of Energy Projects #3 Division of Dam Safetyand Inspections Manchester, ME 04351 New York Regional Office [email protected] 19 West 34th Street Suite 400 Mr. Ralph Abele New York, NY 10001-3006 U.S. Environmental Protection Agency john,[email protected] 5 Post Office Square Suite 100 John T. Eddins Boston, MA 02109 Office of Project Review [email protected] Advisory Council on Historic Preservation 401 F Street, NW, Suite 308 Mr. Nick Stasulis Washington, DC, 20001-2637 Data Section Chief [email protected] United States Geological Survey 196 Whitten Rd Mr. Harold Peterson Augusta, ME 04333 Bureau of Indian Affairs [email protected] 545 Marriott Drive Suite 700 Mr. Antonio Bentivoglio Nashville, TN 37214 U.S. Fish and Wildlife Service [email protected] 4 Fundy Road #R Falmouth, ME 04105 Mr. Jeff Murphy [email protected] Maine Field Office National Oceanic & Atmospheric Administration, Mr. Andrew Raddant National Marine Fishieries Service Regional Environmental Officer 17 Godfrey Drive U.S. Department of the Interior Office of Suite 1 Environmental Policy & Compliance Orono, ME 04473 15 State Street [email protected] Suite 400 Boston, MA 02109 Mr. Matt Buhyoff [email protected] Merrymeeting Bay Recovery Coordinator National Marine Fisheries Service Mr. Steve Shepard Maine Field Office Maine Field Office 17 Godfrey Drive - Suite 1 U.S Fish and Wildlife Service Orono, ME 04473 P.O. Box A [email protected] East Orland, ME 04431 [email protected]

Hackett Mills Distribution List August 2019

Mr. Kevin Mendik Mr. John Perry NPS Hydro Program Manager Environmental Coordinator National Park Service Maine Department of Inland Fisheries and Wildlife 15 State Street 284 State Street 10th floor 41 SHS Boston, MA 02109 Augusta, ME 04333 [email protected] [email protected]

Regional Director Ms. Gail Wippelhauser U.S. Fish and Wildlife Service Maine Field Office Maine Department of Marine Resources 300 Westgate Center Dr. 21 State House Station Hadley, MA 02109-3572 Augusta, ME 04333 [email protected] U.S. Army Corps of Engineers Divisional Office, Regulatory Ms. Megan Hopkin 696 Virginia Road Review & Compliance / CLG Coordinator Concord, MA 01742-2718 Maine Historic Preservation Commission 55 Capitol Street U.S. Army Corps of Engineers 65 State House Station Commander Augusta, ME 04333 North Atlantic Division [email protected] 26 Federal Plaza, #2109 New York, NY 10278-0090 Mr. Greg Stewart Data Section Chief United States Geology Survey State Agencies 196 Whitten Road Augusta, ME 04333 Mr. James Vogel [email protected] Senior Planner Bureau of Parks and Lands Mr. Michael Kuhns 22 State House Station Director Augusta, ME 04333 Bureau of Land and Water Quality [email protected] 17 State House Station Augusta, ME 04333 Ms. Kathleen Leyden [email protected] Director Maine Department of Marine Resources Mr. Don Witherill 21 State House Station Director Augusta, ME 04333 Division of Environmental Assessment kathleen,[email protected] 17 State House Station Augusta, ME 04333 Mr. Mark Bergeron [email protected] Director Division of Land Resource Regulation Mr. James Pellerin 17 State House Station Regional Fisheries Biologist Augusta, ME 04333 Maine Department of Inland Fisheries & Wildlife [email protected] RR1, 358 Shaker Road Gray, ME 04039 Ms. Kathy Howatt [email protected] Hydropower Coordinator Maine Department of Environmental Protection Ms. Megan Rideout 17 State House Station Maine Department of Environmental Protection Augusta, ME 04333 17 State House Station [email protected] Augusta, ME 04333 [email protected] Hackett Mills Distribution List August 2019

NGOS Mr. Don Cameron Botanist/Ecologist Ms. Lisa. St. Hilaire Maine Natural Areas Program Maine Natural Areas Program 93 State House Station Division of Geology, Natural Areas, and Coastal Augusta, ME 04333 Resources [email protected] 93 State House Station Augusta, ME 04333 [email protected] Tribal

Mr. Todd Burrowes Edward Peter Paul Coastal Program Chief Bureau of Geology, Natural Areas, and Coastal Aroostook Band of Micmacs Resources 7 Northern Road 93 State House Station Presque Isle, ME 04769 Augusta, ME 04333 [email protected] [email protected] Mr. Kirk Francis Mr. Nick Bennett Chief Natural Resources Council of Maine Penobscot Indian Nation 3 Wade Street 12 Wabanaki Way Augusta, ME 04330 Indian Island, ME 04468 [email protected] [email protected]

Mr. Brian Graber Mr. Chris Sockalexis Director, Northeast Region THPO, Cultural and Historic Preservation Program American Rivers Penobscot Indians Nations Natural Resources 136 West St. Department Suite 5 12 Wabanaki Way Northampton, MA 01060 Indian Island, ME 04468 [email protected] [email protected]

Mr. John R. J. Burrows Susan Young Director of New England Programs Houlton Band of Maliseet Indians Atlantic Salmon Federation 88 Bell Road 14 Main Street Littleton, ME 04730 Suite 406 [email protected] Brunswick, ME 04011 [email protected] William Nicolas, Sr. Chief Ms. Landis Hudson Passamaquoddy Tribe of Indians Indian Twsp Executive Director P.O. Box 301 Maine Rivers Princeton, ME 04668 P.O. Box 782 [email protected] Yarmouth, ME 04096 [email protected] Upper Barker Contacts Mr. Thomas Rumpf The Nature Conservancy Mr. John Maloney 14 Main Street Senior Planner Suite 401 Androscoggin Valley Council of Governments Brunswick, ME 04011 125 Manley Road [email protected] Auburn, ME 04210 [email protected]

Hackett Mills Distribution List August 2019

Ms. Barbara Fortier Mr. Neil Ward Environmental Planner Program Director Androscoggin Valley Council of Governments Androscoggin River Alliance 125 Manley Road 14 Ambrose Way Auburn, ME 04210 Leeds, ME 04263 [email protected] [email protected]

Mr. Beth C. Bell Mr.Jim Johnson District #2 NRCS District Conservationist Androscoggin County Commissioner Natural Resources Conservation Service 2 Turner Street 254 Goddard Road Auburn, ME 04210 Lewiston, ME 04240 [email protected] [email protected]

Mr. Dan Goyette Mr. Richard S. Whiting City Engineer Executive Director City of Auburn Auburn Housing Authority 60 Court Street 20 Great Falls Plaza Auburn, ME 04210 P.O. Box 3037 [email protected] Auburn, ME 4212 [email protected] Mr. Eric Cousens Director of Planning and Permitting Mr. John Storer City of Auburn Auburn Water District 60 Court Street P.O. Box 414 Suite 104 Auburn, ME 04212 Auburn, ME 04210 [email protected] [email protected] Mr. Sid Hazelton Mr. Lee Margolin Auburn Water District Mollyockett Chapter P.O. Box 414 Trout Unlimited Auburn, ME 04212 5 Bow Street [email protected] Otisfield, ME 04270 [email protected] Mr. Jason Levesque City of Auburn Ms. Susan Gammon 60 Court Street Androscoggin Valley Soil & Water Conservation Auburn, ME 04210 District [email protected] 254 Goddard Road Lewiston, ME 04240 Mr. Bob Nasdor [email protected] American Whitewater 65 Blueberry Hill Lane Mr. Michael Auger Sudbury, MA 01776 Executive Director [email protected] Androscoggin Land Trust P.O. Box 3145 Town of Poland Auburn, ME 04212 1231 Main street [email protected] Poland, ME 04274

Town of Minot 329 Woodman Hill Rd Mino, ME 045258

APPENDIX B

PROCESS, PLAN, AND SCHEDULE

TLP SCHEDULE DURATION START FINISH File NOI/PAD and Request TLP 8/30/2019 8/30/2019 FERC Issues Notice NOI and Comments on TLP 60 8/30/2019 10/29/2019 STAGE 1 TLP Approved 30 10/29/2019 11/28/2019 Joint Agency Meeting (JAM) 30 11/28/2019 12/28/2019 Comments on PAD/Study Request 60 12/28/2019 2/26/2020 Issue Draft Study Plan 60 12/28/2019 2/26/2020 Comments on Draft Study Plan 30 2/26/2020 3/27/2020 Finalize Study Plan 30 2/26/2020 3/27/2020 STAGE 2 Conduct Studies 300 3/27/2020 1/21/2021 Issue Draft Study Report 30 1/21/2021 2/20/2021 2nd Year Studies 75 5/21/2021 8/4/2021 Develop Draft License Application 365 2/20/2021 2/20/2022 Issue Draft Application, Study Results and Proposal 5 2/20/2022 2/25/2022 Comments on Draft Application 90 2/25/2022 5/26/2022 STAGE 3 Final Application Due 5 8/30/2022 8/30/2022 License Expiration 8/31/2024 8/31/2024

APPENDIX C

CURRENT LICENSE REQUIREMENTS

19840914-0121 FERC PDF (Unofficial) 09/12/1984

UNITED STATES OP ANERICA )) epEsc\Sa,359 PEDERAL ENERGY REGULATORY CONN ISSION

Hackett Hills Hydro Associates Project No. 6398-001

ORDER ISSUING LICENSE (NINOR) ( Issued septesber l2, l984 ) Hackett Hills Hydro Associates (Applicant) has f lied an application for a license under Part I of the Pederal Power Act (Act) to construct. operate ~ and maintain the Hackett Hills project No. 6398. 1/ The project would be located near the Towns of Ninot and poland on the Little Androscoggin River ~ and would affect the interests of interstate or foreign commerce. Notice of the application has been published and comments have been received from interested Pederal. State, and local agencies. No protests or motions to intervene have been received . and none of the agencies objected to issuance of the license. The significant concerns of the commenting agencies are discussed below. Project Description The proposed project would consist of: (1) an existing 101-foot- long. 8-foot-high dam: (2) an S-foot-high, 85-foot-long concrete spillway r ( 3) a 60-acre reservoirs (4) an existing 100-foot-long, 25-foot-wide power canal: (5) a new powerhouse containing two turbine-generators with a total rated capacity of 470 kW: (6) an existing 200-foot-long. 12.5-kV transmission line: and (7) appurtenant facilities . A more detailed project description is contained in ordering para'graph (8). Safety and Adecuacy The Hackett Nills project will utilixe an existing timber crib dam at the site of a former hydropcwer plant built in the early 1900's. The Applicant proposes to construct a new powerhouse with an installed capacity of 470 km.

1/ Authority to act on this matter is delegated to the Director, Office of Hydropower Licensingi under 9375.314 of the Commssion's regulations, 49 Ped. Reg. 29,369 (1984)(Errata issued July 27, 1984)(to be codified at 18 C.P,R. 9375.314). This order may be appealed tn the Commission by any party within 30 days of its issuance pursuant to Rule 1902. 18 C.F.R. %385.1902 ( 1983). Piling an appeal and final Commssion action on that appeal are prerequisites for filing an application for rehearing as provided in Section 313(a) of the Act. Piling an appeal does not operate as a stay of the effective date of this order or of any other date specified in this order, except as specifically directed hy the Commission.- 19840914-0121 FERC PDF (Unofficial) 09/12/1984

The Commission's New York Regional C7f f ice has inspected the site. Due to the presence of private hence situated in low-lying areas in the Town of Winot located one mile c9ownstream of the project. the the dam is classified as signif leant hasard. Existing facilities at the site are reported to he in a general state of disrepair. The timber crib spillway has been parti a 1ly breached and substantial concrete spalling was noted at the l.ag sluice gatehouse and at several locations along the power canal. Rehabilitation of the dam, log sluice gatehouse. power canal and canal headgstes ie proposed under this license. The dam will bm restored to its original design with a crest elevation of 23S feet m.s.l. The dam, as proposed to be restored, is designed to be safe against overturning and sliding under loads due to floods anc5 normal headwater plus earth- quake. The project impoundment has a surfac:e area of 60 acres and a gross storage volume of 480 acre-feet. P1.nw records since 1940 indicate that a maximum discharge of 15,745 c.fs occurred at the site on Narch 28. 1953. The total discharge capacity at the dam is estimated to he 7.200 cfs with the reservoir aurcharged to the top of the concrete abutments. Plows exceeding the discharge capacity of the project may cause erosion at the dam abutments but would not result in a sudden release of water suffici ant to increase the haxard to downstream life or property. The spi 1lway is considered adequate. Resource Utilixation The Hackett Wills powerplant will ha ue an installed capacity of 470 kW and generate an estimated average 2.150.000 kWh annually. 2/ The rate of stream flow at the plant site will exceed the hydraulic capacity of the project 328 of the t 2 me. The project would make good use of the flow and fall of the X.ittle Androscoggin River. would not be in conflict with any pl~nned or existing development, and would be hest adapted to the com~rehensive development of the Androscoqgin River Basin under present conditions upon compliance with the terms and conditions of the 1icense. Economic Passibility Power generated by the project would &e sold to the Central Raine Power Company. The project is economi cally feasible based on the sale of power at the set rate of 94 mi 11s per kWh over a 15-year co~tract period as established hy the. 84aine Public Utilities Commi ss ion.

g2 The proposed project, with its a+aerage annual generation of 2.15 million kWh, will uti lire a r enewable resource that will save the equivalent of approximate1y 3 ~ 500 barrels of oil or 1,000 tons of coal per year. 19840914-0121 FERC PDF (Unofficial) 09/12/1984

Envi ronmental Considerations A. Fish Pass~ac The State of Naine is currently '.nvolved in reestablishing anadromous fish (American shad and alewife) runs in the Little Androscoggin River. Fish are now collected at the srunswick project, FERc No. 2284, located on the Androscoggin River. and transported to upstream areas ~ including tributaries of the Little Androscoggin River upstream of Hackett Ni lls. Although there are no f I eh passage facilities at the srunswick project. long range plans call for these facilities at each dam on the Androscoggin and Little Androscoggin Rivers downstream and upstream of the project area. The National Narine Fisheries Service (NNFs), U.s. Department of the Interior (Interior), and Naine Department of Narine Resources (DNR) commented that facilities to allow downstream migration of anadromous fish species should be provided concurrently »ith development of the project, and that facilities for upstream passage should be provided when the fish achieve passage at the next downstream dam. Interior recommended that conceptual designs for the upstream passage facilities be developed at the time designs are prepared for the downstream passage facilities. The Applicant has agreed to incorporate downstream passage facilities, concurrent with the development of the project, and to provide upstream passage facilities at the appropriate time. The Applicant indicated that -.e appropriate time would be when the immediate downstream passage facilities have been in operation for a period of at least 5 years and have passed a sufficient number of fish upstrea~. The Applicant believes that conceptual plans for future facilities would best be prepared at some time after experience in effective design is gained at the downstream facilities. Article 23 requires the Licensee to consult with the appropriate agencies to develop functional design drawings for downstream fish passage facilities for Commission approval, and to develop a schedule for providing upstream fish facilities. S. minimum Flows

The project would operate in an instantaneous run-of-river mode ~ and would divert flows from a 280-foot-long section of the river between the dam and the tailrace. The section is cha=acterised by rapids caused by the ledge and boulder stream bed.'he Applicant has proposed to release a minimum flow of 40 cubic feet per second (cfs) at the dam. or the inflow to the reservoir if less. for the protection of the aquatic habitat in the bypassed reach. The Applicant states that the 40-cfs minimum flow ccirresponds to the 7010 flow (the lowest average flow occurring over 7 continuous days with a recurrence of once in 10-years). 19840914-0121 FERC PDF (Unofficial) 09/12/1984

Interior and the DNR agree that a minimum flow is required in the by-passed reach. whereas the DNR accepted the 40 cfs minisum flow proposed by the Applicant, the U.S ~ Pish and Wildlife Service (pws) recommended the release of at least 156 cfs or the inflow. whichever is less. This flow represents the PWS estimate of historical (unregulated) median August flow at the site. The PWS based its recommenoation on the assertion that the Applicant did not provide sufficient information to assess the adequacy of the proposed 40-cfs minimum flow. and further recommended that additional studies should be undertaken by the Applicant regarding instream flow releases. The Applicant objects to the pwS recommendation as excessive, based on requirements for other hydroelectric projects with similar riverine resources. Neither the Applicant nor the PWS has provided a biological basis for its proposal or recommendation, respectively, nor has either entity discussed the need for flow adjustments to enhance fish passage. Rased on the DHR's comments. it appears that the release of 40 cfs on an interim basis while studies are being conducted would provide adequate short-term protection for the aquatic resources in the 280-foot-long section of the river between the dam and tailrace outlet. Article 24, therefore. requires the Licensee to release an interim minimum flow at the dam of 40 cfs, and Article 25 requires the Licensee, after consultation with the appropriate agencies. to undertake studies necessaiy to determine minimum flows required for the protection of aquatic resources at the project. Article 26 will ensure that the project is operated in an instantaneous run-of-river mode as proposed by the Applicant. C. Public Use Interior and the Naine Department of Conservation are concerned about public access to the impoundment and tailwaters at the project dam, and portage for canoes and small boats around the dam. The Applicant has proposed to install a walkway to allow fishermen to cross the power canal to the right abutment of the das ~ but indicated that provision for portage around the dam would depend on post-license land acquisition. Article 13 requires that the public be allowed safe and reasonable access to project lands and waters for recreational purposes. Article 27 requires the Licensee. in consultation with the appropriate agenciesi to conduct a study of the need for portage facilities at the project. The results of the study and plans, if any. for providing such facilities shall be filed, for approval. with the Commission. 19840914-0121 FERC PDF (Unofficial) 09/12/1984

D. Cultural Resources There are no known historic, cultural, or archeolcgical resources that will be affected by the proposed project. Article 28 will protect any cultural resources that may be discovered during the proposed construction or during any future construction at the project. E. Water Qualitv Certification The Applicant filed an application for a water quality certificate for the proposed project on November 1, 1983, with the Naine Department of Environmental Protection (DEP). DEP issued a water quality certificate for the project on dune 13, 1984. Findinc of No Sicnificant Imoact Approval of the application will result in the restoration of the existing Hackett Nills Dam and related facilities to hydroelectric generation. Repairs to the dam will stabilize the impoundment, and operation of the project in a run-of-river mode will ensure the protection of downstream fesources. An interim minimum flow in the by-passed reach will minimize impacts on aquatic resources while studies are performed to establish long-tenn minimum flow requirements. Provisions for fish passage facilities will mitigate adverse impacts on the anadromous fish restoration program in the Androscoggin River basin. The proposed project will not affect any Federally listed threatened or endangered species or critical habitat, or any sites eligible for or listed on the National Register of Historic Places. on the basis of the record and Staff's independent environmental analysis, it is concluded that issuance of a license for the project, as conditioned herein, will not constitute a major Federal action significantly affecting the quality of the human environment. t.icense Term The proposed development of this project, using an existing dam, is similar to the relicensing of an existing licensed project at which a moderate amount of new development is proposed) therefore, consistent with the Commission's policy, a 40-year term is reasonable. ~3

3/ Nontana Power Comoany, 56 FPC 2008 ( 1976)) Village of Lyndonville, 7 FERC ~ 61e324 (1979) ~ 19840914-0121 FERC PDF (Unofficial) 09/12/1984

It i s ordered that s (A) This license is issued to Hackett Mills Hydro Associates (Licensee) of Annapolis. Maryland.'under Part I of the Federal Power Act (Act), for a period of 40 years, effective the first day of the month in which this order is issued, for the construction, operation. and maintenance of the Hackett Mills project Ho. 6398. located on the Little Androscoggin River in Androscoggin County. Maine, and affecting the interests of interstate or foreign commerce. This license is subject to the terms and conditions of the Act. which is incorporated by reference as part of this license & and subject to the regulations the Commission issues under the provisions of the Act. (h) The Hackett Mills Project No. 6398 consists of: (I) All lands. to the extent of the Licensee's interests in those lands, constituting the project area. The project area is shown and described by a certain exhibit that forms part of the application for license and that is dfbignated and described as: Fxhibit G FERC No. 6398- Title Sheet 1 Project Nap (2) Project works consisting of: (a) a 101-foot-high, rock filled timber crib dam: (b) a 22-foot-long sluice gate section containing a single sluice gates (c) an 8-foot-high , 85"foot- long concrete spillway with three uncontrolled bays at the north dam abutment: (d! a 60-aci.e reservoir with no 'usable storage capacity at elevation 235-feet m.s.l.: (e) a canal intake gate structure containing 5 gates; (f) a 100-foot-long, 25-foot~ide. 7-foot-deep power canal at the south dam abutment) fg) a power- house located at the end of the canal containing two turbine- generators with a total rated capacity of 470 kW: (h) a 0.480/12.5-kV transformer: (i ) a 200-foot-long. 12.5-kV transmission lines (j l a downstream fish passage facility: and (k) appurtenant facilities. The location. nature, and character of these project works are generally shown and described by the exhibit cited above and more specifically shown and described by certain other exhibits that also form a part of the application for license and that are designated and described as: Exhibit A: Paragraphs 1(i) and l(ii). Exhibit F PERC Ho. 6398- Title Sheet 1 Site Plan

Sheet 2 Dam and Canal sections and Elevations Sheet 3 Powerhouse 19840914-0121 FERC PDF (Unofficial) 09/12/1984

(3) All of the structures ~ fixtures. equipment ~ or facilities used oi useful in the operation or maintenance of the project and located within the project aria, all portable property that may be employed in connection with the project, located within or outside the project area. and all riparian or other rights that are necessary or appropriate in the operation or maintenance of the project. (Cl Exhibits A. P, and G. designated in ordering paragraph (Hl above, are approved and made a part of the license. (D) Pursuant to Section 10(i) of the Act, it is in the public interest to waive the following Sections of Part I of the Act, and they are excluded from the license: Section 4(b). except the second sentence: 4 (e), insofar as it relates to approval of plans by the Chief of Engineers and the Secretary of the Army: 6. insofar as it relates to public notice and to the acceptance and expression in the license of terms and conditions of the Act that are waived here: 10(c), insofar as it relates to depreciaticn reservesi 10(d)s 10(f)i exc'ept 14, insofar as the power of condemnation is reserved'5: 16: 19s 20: and 22. (E) This license is also subject to Articles 1 through 18, except Article 15, set forth in Porm L-15i (October. 1975). entitled "Terms and Conditions of License for Unconstructed Hinor project Affecting the Interests of Interstate or Poreign Commerce," attached to and made a part of this license. This license is also subject to the following additional articles: Article 19. The Licensee shall commence construction of project works within two years from the issuance date of the license and shall complete construction of the project within four years from the issuance date of the license. Article 20. The Licensee shall provide the Commission's Regional Engineer and the Director. Office of Hydropower Licensing one copy each of the final contract drawings and specifications for pertinent features of the project, such as water retention structures, powerhouse, and water conveyance structures. at least 60 days prior to start of construction. The Director, Office of Hydropcwer Licensing, may require changes in the plans and specifications to assure a safe and adequate project. Article 21. The Licensee shall revie~ and approve the design of contractor-designed cofferdams and deep excavations prior to the start of construction and shall ensure that construction of coffer- dams and deep excavations are consistent with the approved design. At least 30 days prior to start of construction of the cofferdam, the Lice &see shall provide the Coaxnission's Regional Engineer and Director, Office of Hydropower Licensing, one copy of the approved cofferdam construction drawings and specifications and a copy of the letter(s) of approval. 19840914-0121 FERC PDF (Unofficial) 09/12/1984

Article 22. The Licensee shall within 90 days of completion of construction file for approval by the Director, office of Hydropower I.icensinq revised Exhibits A, P. and 0 to describe and show the project as-bu i 1 t . Article 23. The Licensee shall consult with the U.S. Pish and Wildlife Service (USPWS); National marine Fisheries Service (NNPS), and Heine Department of Narine Resources (NDNR), on the final design of downstream fish passage facilities at the Hackett Nills Dam. No less than 60 days prior to the start of project construction. I.icensee shall file for Commission approval functional design drawings and documentation of the agency consultations on the designs. The filing shall be served on the consulted agencies at the time it is filed with the Commission. Licensee shall file as-built drawings with the Commission within 6 months after completion of construction. Licensee shall continue to consult with the USPWS, NNPS, and NDNR, and, at least 6 months prior to breaching or the start of construction of fish passage facilities at the downstream Barker Nill Upper Dam, file for Commission approval: ll) functional design drawings of upetream fieh paaeage faCilitiea at HaCkett Nille Dam: (2) any recommendations for change in project design or operation needed to ensure successful upstream fish passage: and (3) a schedule for construction of the recommended facilities. Comments from the consulted agencies on the drawings and recommendations shall be included in the filing which shall be submitted to the consulted agencies at the same time it is filed with the Commission. The facilities shall be constructed according to the approved schedule. Purther. within 6 months after construction of the fish passage facilities, K.icensee shall file as-built drawings with the Commission. Article 24. The Licensee shall discharge from the Hackett Nills Project an interim continuous minimum flow of 40 cubic feet per second, as measured immediately downstream from the project dam, or the inflow to the reservo(r, whichever is less, for'he protection of fish and wildlife resources. Interim minimum flows may be temporarily inodif(ed if required by operating emergencies beyond the control of Licensee, as required for an instream flow study, and for short periods upon mutual agreement between Licensee, and the U.S. Pish and Wildlife Service, the Naine Department of Narine Resources, and the Naine Department of Inland Pisheries and Wildlife. Article 25. The Licensee shall. in consultation with the U.S . Pish and Wildlife Service, the Heine Department of Narine Resources. and the Heine Department of Inland Pisheries and Wildlife, develop a plan of study to determine the minimum flow releases needed to protect and enhance aquatic resources in the project reach of the Little Androscoggin River subject to diversion of flows for hydroelectric generation. Within 6 months from the date of issuance of this license. Licensee shall file the study plan and a schedule for its completion with the Commission for approval. The comments of the consulted agencies on the adequacy of the plan shall be included in the filing. 19840914-0121 FERC PDF (Unofficial) 09/12/1984

Licensee shall conduct the work in accordance with the approved study plan and schedule. Within 2 months of the completion of the study, Licensee shall file, with copies to the agencies consulted, a report ori the results of the study, documentation of agency consultations and recommendations, and for Commission approval, recommendations for minimum flow releases from the project. Article 26. The Licensee shall operate the Hackett Nills project in an instantaneous run-of-river mode for the protection of fish and wildlife resources in the Little Androscoggin River. Licensee, in operating the project in an instantaneous run-of-river mode, shall, at all times, act to minimixe the fluctuation of the reservoir surface elevation, i.e., maintain discharge from the project so that flow in the Little Androscoggin River, as measured immediately downstream from the ptoject tailrace, approximates the instantaneous sum of inflow to the project reservoir. Instantaneous run-of-river operation may be temporarily modified if fequired by operating emergencies beyond the control of the Licensee, and for short periods upon mutual agreement among Licensee, the Naine Department of Na'rine Resources, and the Maine Department of Inland Fisheries and Wildlife. Article 27. The I.icensee shall, in consultation with the U.ST Fish and Wildlife Service, Maine Department of Inland Fisheries and Wildlife, and Maine Department of Conservation, determine the location and type of recreational facilities, including portage facilities, that are needed at the project. Licensee shall, within 1 year from date of issuance of this license, file with the Commission the results of the consultations, and for appioval, its plan for recreational development at the project. Any plan filed shall include a construction schedule, a drawing showing the type and location of proposed recreational facilities, and documentation of consultation with the above agencies. Article 28. The Licensee shall, within 6 months from the date of issuance of this license and at least 60 days prior to commencement of any future construction at the project, consult with the Maine State Historic Preservation Officer (SHPO) about the need for any cultural resource survey and salvage work. Licensee shall make available funds in a reasonable amount for any such work as required. If any previously unrecorded archeological or historical sites are discovered during the course of construction or development of any project works or other facilities at the project, construction activity in the vicinity shall be halted, a qualified archeologist shall be consulted to determine the significance of the sites, and Licensee shall consult with the SNPO to develop a mitigative plan for the protection of significant archeological or historical resources. If Licensee and the sHpo cannot agree on the amount of money to be expended on the archeological or historical work related to the project, the Commission reserves the right to require Licensee to conduct, at its own expense, any such work found necessary. 19840914-0121 FERC PDF (Unofficial) 09/12/1984

10

Article 29. 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 the project reservoirs which may die during operation of the project shall be removed. All clearing of the lands and disposal of the unnecessary material shall be done with due diligence and to the satisfaction of the authorised representative of the Commission and in accordance with appropriate Pederal, State, and local statutes and regulations. Article 30. The Licensee shall pay the United States the following annual charge. effective the first day of the month in which this license is issued: Por the purpose of reimbursing the United States for the cost of administration of Part I of the Act, a reasonable amount as determined in accordance with the provisions of the Commission's regulations in effect from time to time. The authorised installed capacity for that purpose is 630 horsepower. Article 31. The Licensee shall continue to consult and cooperate with appropriate Pederal, State. and other natural resource agencies for the protection and development of the environmental resources and values of the project area. The Commission 'reserves the right to require changes in the project works or operations that may be necessary to protect and enhance those resources and values. Article 32. ia) In accordance with the provisions of this article. the licensee shall have the authority to grant permission for certain types of use and occupancy of project lands and waters and to convey certain interests in project lands and waters for certain other types of use and occupancy. without prior Commission approval. The Licensee may exercise the authority only if the proposed use and occupancy is consistent with the purposes of protecting and enhancing the scenic, recreational, and other environmental values of the project. por those purposes, the Licensee shall also have continuing responsibility to supervise and control the uses and occupancies for which it grants permission. and to monitor the use of, and ensure compliance with the covenants of the instrument of conveyance for, any interests that it has conveyed. under this article. If a permitted use and occupancy violates any condition of this article or any other condition 19840914-0121 FERC PDF (Unofficial) 09/12/1984

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. Por a permitted use or occupancy, that action includes, if necessary. cancelling the permission to use and occupy the project lands and waters and requiring the removal of any non-complying structures and facilities. (b) The types of use and occupancy of project lands and waters for which the Licensee may grant permission without prior Commission approval are: (1) landscape plantingss (2) non-commercial piers, landings, boat docks, or similar structures and facilities that can accommodate no more than 10 watercraft at a time where said facility is intended to serve single-family type dwellings; and (3) embankments, bulkheads, retaining walls, or similar structures for erosion control to protect the existing shoreline. To the extent feasible and desirable to protect and enhance the project's scenic, recreational, and other environmental values, the Licensee shall require multiple use and occupancy of facilities for access to project lands or waters. The Licensee shall also ensure, to the satisfaction of the Commission's authorised representative, that the uses and occupancies for which it grants permission are maintained in good repair and comply with applicable State and local health and safety requiiements. Befofe granting permission for construction of bulkheads or retaining walls, the Licensee shall: (1) inspect the site of the proposed construction, (2) consider whether the planting of vegetation or the use of riprap would be adequate to control erosion at the site, and (3) determine that the proposed construction .is needed and would not change the basic contour of the reservoir shoreline. To implement this paragraph (b), the Licensee may, among other things, establish a program for issuing permits for the specified types of use and occupancy of project lands and waters, which may be subject to the payment of a reasonable fee to cover the Licensee 's costs of administering the permit program. The Commission reserves the right to require the Licensee to file a description of its standards, guidelines, and procedures for implementing this paragraph (b) and to require modification of those standards, guidelines, or procedures.

(c) The Licensee may convey easements or rightswf-way across, or leases of, project lands for: (1) replacement, expansion, realignment, or maintenance of bridges and roads for which all necessary State and Pederal approvals have been obtaineds ( 2) storm drains and water mains) (3) sewers that do not discharge into project waters) (4) minor access roads) (5) telephone, gasi 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 19840914-0121 FERC PDF (Unofficial) 09/12/1984

12

distribution lines (69-kv or less); and (8) water intake or pumping facilities that do not extract more than one million gallons per day from a project reservoir. No later than January 31 of each year, the Licensee shall file three copies of a report briefly describing for each conveyance made under this paragraph (c) during the prior calendar y'ear& 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 titles to, easements or rights- of-way across, or leases of project lands fora (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 certificates or permits have been obtaineds (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 Pederal and State approvals have been obtained; (5) private or public marinas that can accommodate no more than 10 watercraft at a time and are located at least one-half mile from any other private or public marina& (6) recreational development consistent with an approved Exhibit R or approved report on recreational resources of ari Exhibit E; and (7) other uses, if'i) the amount of land conveyed foi a particular use .is five acres or less: (ii) all of the land conveyed is located at least 75 feet, measured horisohtally, from the edge of the project reservoir at normal maximum surface elevation) and ( iii) no more than 50 total acres of project lands for each project development are conveyed under this clause (d)(7) in any calendar year. At least 45 days before conveying any interest in project lands under this paragraph (d), the Licensee must file a letter to the Director, Office of Hydropower Licensing, stating its intent to convey the interest and briefly describing the type of interest and location of the lands to be conveyed (a marked Exhibit G or K map may be used ), the nature of the proposed use, the identity of any Pederal or State agency official consulted, and any Federal or State approvals required for the proposed use. (lnless the Director, within 45 days from the filing date, requires the LiCeneee tO file an application for prior approval, the Licensee may convey the intended interest at the end of that period. (e) The following additional conditions apply to any intended conveyance under paragraphs (c) or (d) of this article: ( 1) Before conveying the interest, the Licensee shall consult with Federal and State fish and wildlife or recreation agencies, as appropriate, and the State Historic Preservation Officer. 19840914-0121 FERC PDF (Unofficial) 09/12/1984

13

(2) Before conveying the interest, the Licensee shall |etermine that the proposed use of the lands to be conveyed is not inconsistent with any approved Exhibit R or approved report on recreational resources of an Exhibit E) ori if the project does not have an approved Exhibit R or approved report on recreational resources, that the lands to be conveyed do not have recreational value. (3) The instrument of conveyance must include covenants running with the land adequate to ensure thats ( i) the use of the lands conveyed shall not endanger health, create a nuisance. or otherwise be incompatible with ogerall project recreational use; and (ii) the grantee shall take all reasonable precautions to ensure that the construction, operation, and maintenance of structures or facilities on the conveyed lands will occur in a manner that will protect the scenic, recreational, and environmental values of the project. (4) The Commission reserves the right to require the Licensee to take reasonable remedial action to correct any violation of the terms and conditions of this article& for the protection and enhancement of the project's scenic, recreational, and other environmental values. (f) The conveyance of an interest in project lands under this article does not in itself change the project boundaries. The project boundaries may be changed to exclude land conveyed under this article only upon approval of revised Exhibit G or K drawings (project boundary maps) reflecting exclusion of that land. Lands conveyed under this article will be excluded from the project only upon a determination that'he lands are not necessary for project purposes, such as operation and maintenance, flowage, recreationJ public access, protection of environmental resources, and shoreline control, including shoreline aesthetic values. Absent extraordinary circumstances, proposals to exclude lands conveyed under thislicensees article from the project shall be consolidated for consideration when revised Exhibit G or K drawings would be filed for approval for other purposes. (F) The Licensee's failure to file a petition appealing this order to the Commission shall constitute acceptance of this In acknowledgment of acceptance of this order and its terms and conditions, it shall be signed by the Licensee and returned to the Commission within 60 days from the date this order is issued.

Quentin A. Edson Director, Office of Bydropower Licensing 19840914-0121 FERC PDF (Unofficial) 09/12/1984

Project No. 6398-001

IN TEETINoNY of its acknowledgement of acceptance of all the terms and conditions of this order, Hackett mills Hydro Associates, this day of 19 , has caused its corporate name to be signed hereto by its President, and its corporate meal to be affixed hereto and attested by itm Secretary, pursuant to a resolution of its Board of Directors duly adopted on the day of 19,a certified copy of the record of which is attached hereto.

President

Attest:

secretary (Executed in quadruplicate)

(Executed in quadrulicate) 19840914-0121 FERC PDF (Unofficial) 09/12/1984

orn L l5 (October. -975)

FEDERAL ENERGY REGULATORY CONNISSZON

TERNA AVD CONDZTZONS OF LZCENSE FOR UHCONSTRUCTED NZNOR PROJECT AFFECTZNG THE ZVTERESTS OF ZNTERSTATE OR FOREZG:1 CONYSRCE

Article 1. The entire project,. as described in this order of tne Commission. shall he subject to all o the provisions, terms, and conditions of the license. Article 2. No substantial chanqe shall he made in the napa, plans, specifications, and statements described and designated as exhibits and approved by ths Commission in its order as a part oS the license until such chanse shall have been ayprovsd by th ~ Commissions Provided, however. That i.f the Licensee or the commission deems it necessary or desirable that said ayyrove4 exhibits, or any of them, be chansed, there shall be submitted to the Commission for approval a revised, or additional exhibit or exhibits cove@in% ths proposed changes which, upon approval by the Commission. shall become a oart of the license and shall suyersede, id whole o in part, such exhibit or exhibits theretofore made e part of the license aa may be specified by the Commission. Article 3. The project works shall bs constructed in substantial conformity with the apyroved exhibits referred to in Article 2 herein or aa chased in accord- ance with the provisions of said article. Excsyt when emergency shall regufrs fox'he protection o! nevi%ation, -ite. health, or property, there shall not bs made without = or ayyroval of the Commission any substantial alteration or: addition not in conformity with the ayyroved plans to any dam or other yroject works under the license or any sub- stantial uss.of project lands and waters not authorised hereinI and any «nexqsncy alteration, addition, or use so made shall thereafter be subject to such modification and chan%a as ths Commission may direct. Ninor chanyss in pxoject works. or in uses of project lands and waters, ox dfveegencs from such ayyroved exhibits may be ma4e it such chanqea will not result in a decxease in efficiency, in a material increase in cost, in an adverse environmental impact, or in imyairment of t:.e cyensral scheme of development; but any of such minor chances 19840914-0121 FERC PDF (Unofficial) 09/12/1984

2

made without "hs prior apyroval o =hs Commission, which '.. its judgmentrect. have yroduced or vill produce any ot suc".. ssul be subject to such alteration as the Comm'ssion may s,'hall di Upon ths comyletian of the project, or at such other time as the Commission may direct, the Licensee shall submi to the Commission toz approval revised exhibits:nsotar as necessary to show any divergence from oz variations in the pr'ojsct area and project boundary as finally located or in tha project wozks as actually constructed when comyazed vit:". the area and boun4ary shown and the works dsscr'bed in the license or in the exhibits approved by the Commission, together with a statement. in writing setting forth ths reasons.. which in the opinion of tha Licensee necessitated or justified variation in or divergence trom ths approved exhibits. Such rsviisd exhibits shall, if an4 when approved by the Commission, be made a part of the license under the provisions ot Article 2 hereof. Article 4. The constzuction, operation, and main- tenance of ths project an4 any. work incidental to addi- tions or alterations shall be subject to the inspection and supezvision of the Regional Engineer, Federal Powe Commission, in the region wherein the project is located, or of such other officer or. agapt as the Commi'salon may designate, who shall be ths authorised representative ot the Commission for such yuryoses. The .Licenses shall cooyszate tully with said representative and shall turnish him a details4 program of inspection by tha Licenses that will provide for an adequate and qualified inspection force for construction of the project anct for anv subsequent alterations to the project. Construction ot the project works or any feature oz alteration thsreot shall not be initiate4 until the program of insyection for the project works or any such feature thereot has bean aporovad by said representative. Tha Licensee shall. also furnish to said representative such further infozmation as he may require concerning the construction, operation, .and maintenance of the project, and of any ales a fon thersot, an4 shall notify him ot the data upon which work will begin, as far in advance thereof as said representative may reasonably specify. and shall notify him promptly 'n writing ot any suspension ot work foz a period ot. mora than one week, and of its rasumytion and completion. Tha Licensee shall allow said representative and other 19840914-0121 FERC PDF (Unofficial) 09/12/1984

3

officers oz employees of the Uni ed States, showing yroyez credentials, ree an4 unrestricted access o, through, and across the project lands and pzojec- works in the performance o. their cf icial dut'es. The icensee shal'omply w' such rules and zeyulations of general oz special apylicabilitr as the Commission may prescribe f om time to time for the yrotection of life, healthy oz'ropert/. Article S. The Licensee, within five years from the date of issuance oz the license, shall acquire title in fee or the right to use in yezyetuicy all lands, other than lands of the Onited States, necessary oz aypzoyriate for the construction, maintenance, and oyeration of the project. The Licensee or 'ts successors and assigns shall, duriny the yerio4 of the license, retain the possession of all project yzoyezty covered by the license as issue4 or as later amended, includinq the project area, the project works, and all franchises, easements, wats rights, and riyhts of occupancy and use; and none of such proyerties shall be voluntarily sold, leased, transferred, abandoned, or otherwise disposed of without the prior written approval of the Commission, except that the License ~ may leas-. or otherwise dispose of interests in project lands or property without specific wzitten approval of the Coamission pursuant to the then current reyalations of the Commission. The provisions of this article are not intended to prevent the abandonment or the retirement from service of structures, equipment, oz other project works in connection with zeplace- ments thereof when they become obsolete, inadequate, oz inefficient for further service due to wear and tea s and morbgage or trust deeds oz judicial sales made thereunder, or tax sales, shall not be deemed voluntazy transfers within the meaning. of this a~icle. Article 6. The Licensee shall insta3.1 and thereafter maintain Sayes and stream-Saqinq stations for the purpose of detezmininy the stacre and flow of the stream or streams n which the project is located, the amount of water held in an4 withdrawn from store%a, an4 the effective hea4 on the turbines; shall provide for the required readine of .-uch clakes and for the adequate ratinq of such stationer and shall install and maintain stan4ard meters adepmte for Ne detezmination of the amount of electric energy qenerated by the project works. The number, chazacter, an4 location of yeats, meters, or other measurinq devices, an4 the method of operation thereof, shall at all times be satis- factory to the Commission or its authorized representative. 19840914-0121 FERC PDF (Unofficial) 09/12/1984

The Commission reserves ehe right, afeer notice and oppor- tuniey for hearing, to require such al stations in he number, chaiaceez, and location of gages, meters, or other measuring devices, and the method of operas'on thereof, as are necessary to secure adequate 4eeerminaeions. The installation of gages. the racing of said stream ot screams, and the 4etermination of the flow thereof, shall be under the suyervision of, or in cooperation with, th ~ District Engineer of the Unita4 States Geological Survey having charge of stream-gaging operations in the region of the project, and id'icensee shall advance to the United States Geological Survey ehe amount of fun4s estimated to be necessary fot such supervision, or cooperation for such periods as may be mutually agreed uPon. The Licensee shall keen accurate and sufficient records of the foregoing determinations to the satisfaction of the Commission, and shall make return of such tecords annually at such time and in such form as the Commission may prescribe. Article 7. The Licensee shall, after notice and opportunity ror hearing, install ad4itionaI capaciey or make other changes in the yroject as directed by the Commission& to the entent that it is economically sound and in the yublic interest eo do so. Article 8. The Licensee shall, after notice and opportunity i'or hearing, coordinate the operation of ehe project, electrically an4 hydraulically, with such other projects or power systems and in such manner as ehe commission may direct in the interest of yower and other beneficial yublic uses of water resources, and on such condieions concerning ehe equitable sharing of benefits by the Licensee as the Commission may order. Article 9. The operations of the Licensee, so far as they affect the use, storage and 4ischarge from storage of waters affected by the license. shall at all eimes be controlled by such reasonable rules and regulations as he Commission may prescribe for the protection of life, healthy an4 property i an4 in the interest of the fullest practicable conservation and utilisation of such waters for power purposes an4 for other beneficial yublic uses, including recreational purposes, an4 the Licensee shall release water from the project reservoir at such rate in chic feet per second. or such volume in acre-feet yer specified period of time, as the Commission may prescribe for the p.srgeses hereinbefore mentioned' 19840914-0121 FERC PDF (Unofficial) 09/12/1984

Article 10. On the application o! any person, association, corporation, Federal agency, Stats or municipality, the Licen'see shall permit such reasonable use of ita reservoir or othe~ project proper.ies, incliding works. lands and water rights, or parts thereof, as nay be ordered by ths Commission, after notice and oppor unity for hearing, in the inter'eats ot comprehensive development of the waterway or waterwaya involved and the qonseivation and utiliaation of the water resources of the region fo" water supply or for the purposes of steam-electric, irrigation,- in4udtrial, municipal or similar uses. The Licenses shall receive reasonable comps'nsation for use of its reservoir or other project yropsrtiea or parts thereof tor such purposes, to include at least full reimbursement for any 4amages or expenses which the joint use causes ths Licensee to incur. Any such compensation shall be fixed by the Commission either by ayproval of an agreement between ths Licenses and the yarty or parties benefiting or after notice and opportunity tor hearing. Applications shall contain information in sufficient detail to afford a full underatan4ing of the proposed use, including satisfactory evidence that the applicant poaaesaea necessary wats" rights yurauant to applicable Stats law, or a showing of cause why such evidence cannot concurrently be submitted. and a statement as to the relationship o! ths proposed use to any Stats or municipal plans or orders which may have been adoyted with respect to the uas of shch waters. Article 11. The Licensee shall, for the conservation and dave opaent of fish and wild'fa resources. c=.=a-. —.

and comp'y with such reasonable modifications cf ".-.e. project structures and operation, as may be ordered by ths Commission upon its own motion or uycn hs recoeendation o! the Secreta~ of the Interior or the tish a..d wildli s agency or agencies o! any Stats in which the project or a part thereof is located, after notice and opportunity for hearing. Article 12. Whenever ths United States shall desire, in connection with ths project to construct fish an4 wildlife tacilitiss or to improve ths existing tish and wildlife tacilitisa at ita own emcyenae, the Licensee shall 19840914-0121 FERC PDF (Unofficial) 09/12/1984

6

permit the United States or its deaiqnated agency to use, free of coat, such o the Licensee's lan4s and interests in lands, reservoirs, watezways and project works as may be reasonably required to complete such facilities or such improvements thozeof. Zn addition, after notice and opportunity tor hoarinq, tho Licensee shall modify the project operation as may bo reasonably prescribed by the Comaission in order to permit the maintenance and operation ot the fish anC wildlife facilities constructed or improved by the United States under the provisions ot this article. This article shall not bs intszpzeted to place any obliqation on the United States to construct or improve fish and wi14- lite facilitioa or to relieve ths Z,icensee ot any cbliqation under this license. hrticle 13. So Car as ia consistent with proper operation of tno project. ths Iiesnsee shall allow the public fras access, to a reasonable extent, to project waters an4 a4jaesnt project lands owned by the Licensee for the purpose of Cull public utilization ot such lands and waters foz naviqation an4 tor outdoor recreational purposes, includinq fishing and huntinq3 Provided, That tho Zicenaoe may reserve Czom public access such portions of the project waters, adjacent lands, and project tacilitios aa may be necessary for tha protection of lite. health, and property. article 14. Zn ths construction, maintenance. or operation of the project, the Licensee shall be responsible for. and shall take reasonable moaauzos to prevent& soil ~zoaion on lands adjacent to streams or other waters, stream sedimentation, and any form oi'atez or air pollution. T:;e Commiaaion, upon request or upon its own motion, may order the Licensee to take such measures as the Commission f.nCs to be necessary for these purposes, after notice ard opportunity tor hs':xinq. Article lf. Tho Ziconaee shall consult with the aporopriato Stats and Federal aqoneiea and, within one year ot tho date of issuance of this license, shall sub- mit Cor Commission approval a plan foz clearinS the reasz- voiz area. Puzthsr, the Licenses shall clear and keep clear tc a- adequate wiCth lan4s along open conduits and shall Siaposa ot all temporary structures, unused timber, brush, .'u e, 0 other material unnecessary Cor the Purposes of the :eject which results from the clearing ot lands or i'rom the aintenanee or alteration ot the project works. Zn addition, . 19840914-0121 FERC PDF (Unofficial) 09/12/1984

7

all trees along the periphery ot project eservoirs which ...ay di ~ during operations of the project shall be removed. Upon approval ot the clearing plan all clearing of the lands snd disposal of the unnecessary material shall be done wi h due diligence and to the satisfaction of the autusrised represen- tative of the Commiision and in accordance with State, and local statutea and regulations.approoriate'ederal, Article 16. Zf the Licensee shall cause or autfer easentsax. project yroperty to be removed or destroyed or to become unfit for uae, 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 a4dress of the Licensee or its agent, the Commission will deem it to be the intent of the Licensee to surrender the license. The Commission, atter notice an4 opportunity for hearing, may repairs the Licensee to remove any or all structurea, equiymont an4 power lines within the project boundary and to take any such other action ndceaaary to restore the project waters, lands, and facilities remaining within the project boundary to a condition satisfactory to the United States agency having jurisdiction over ita lands or the Commission's authorised representative, as appropriate, or te yrovide tor the continued operation and maintenance of nonpower facflitiea and tuifill such other obligations under the license aa the Commission may prescribe. Zn addit5.on, the Cosssission in its discretion, after notice and oyportunity for hearing, may also agree to the surrender of the license when the Commission, for tho reasons recited herein, deems it to bo the intent ot the Licensee to aurren4er the license. Article. 17. The right of the Licensee and of its successors and assigns to uae or occupy waters over which the United States haa jurisdiction, or lan4a ot the United States un4or the license, for tho purpose of maint c«g the project works or othoswiae, shall absolutely cease at the end of the license yorio4, unleaa the Licensee haa obtained a new license yusauant .o the thon emiating laws and regulationa, or an annual license under the terms an4 con4itione of this license. 19840914-0121 FERC PDF (Unofficial) 09/12/1984

Article 18. The tersLs and conditions expressly ~et forth in the license shall not be construed as isLpairincr any terms and conditions of the Federal Power Act which are not expressly set forth herein. 19840914-0121 FERC PDF (Unofficial) 09/12/1984 Document Content(s) 13593881.tif...... 1-22

APPENDIX D

FLOW DURATION CURVES

Hackett Mills Project Annual Flow Duration Curve Pro-rated from USGS Gage No. 01057000 Little Androscoggin River near South Paris, ME Period of Record 01/01/1989 to 12/31/1989 15,000

13,500

12,000

10,500

9,000

7,500

6,000 Mean Daily Mean Daily RiverFlow (cfs) 4,500

3,000

1,500

0 0 10 20 30 40 50 60 70 80 90 100 Percent of Time Flow Equaled or Exceeded Hackett Mills Project January Flow Duration Curve Pro-rated from USGS Gage No. 01057000 Little Androscoggin River near South Paris, ME Period of Record 01/01/1989 to 12/31/1989 15,000

13,500

12,000

10,500

9,000

7,500

6,000 Mean Daily Mean Daily RiverFlow (cfs) 4,500

3,000

1,500

0 0 10 20 30 40 50 60 70 80 90 100 Percent of Time Flow Equaled or Exceeded Hackett Mills Project February Flow Duration Curve Pro-rated from USGS Gage No. 01057000 Little Androscoggin River near South Paris, ME Period of Record 01/01/1989 to 12/31/1989 15,000

13,500

12,000

10,500

9,000

7,500

6,000 Mean Daily Mean Daily RiverFlow (cfs) 4,500

3,000

1,500

0 0 10 20 30 40 50 60 70 80 90 100 Percent of Time Flow Equaled or Exceeded Hackett Mills Project March Flow Duration Curve Pro-rated from USGS Gage No. 01057000 Little Androscoggin River near South Paris, ME Period of Record 01/01/1989 to 12/31/1989 15,000

13,500

12,000

10,500

9,000

7,500

6,000 Mean Daily Mean Daily RiverFlow (cfs) 4,500

3,000

1,500

0 0 10 20 30 40 50 60 70 80 90 100 Percent of Time Flow Equaled or Exceeded Hackett Mills Project April Flow Duration Curve Pro-rated from USGS Gage No. 01057000 Little Androscoggin River near South Paris, ME Period of Record 01/01/1989 to 12/31/1989 15,000

13,500

12,000

10,500

9,000

7,500

6,000 Mean Daily Mean Daily RiverFlow (cfs) 4,500

3,000

1,500

0 0 10 20 30 40 50 60 70 80 90 100 Percent of Time Flow Equaled or Exceeded Hackett Mills Project May Flow Duration Curve Pro-rated from USGS Gage No. 01057000 Little Androscoggin River near South Paris, ME Period of Record 01/01/1989 to 12/31/1989 15,000

13,500

12,000

10,500

9,000

7,500

6,000 Mean Daily Mean Daily RiverFlow (cfs) 4,500

3,000

1,500

0 0 10 20 30 40 50 60 70 80 90 100 Percent of Time Flow Equaled or Exceeded Hackett Mills Project June Flow Duration Curve Pro-rated from USGS Gage No. 01057000 Little Androscoggin River near South Paris, ME Period of Record 01/01/1989 to 12/31/1989 15,000

13,500

12,000

10,500

9,000

7,500

6,000 Mean Daily Mean Daily RiverFlow (cfs) 4,500

3,000

1,500

0 0 10 20 30 40 50 60 70 80 90 100 Percent of Time Flow Equaled or Exceeded Hackett Mills Project July Flow Duration Curve Pro-rated from USGS Gage No. 01057000 Little Androscoggin River near South Paris, ME Period of Record 01/01/1989 to 12/31/1989 15,000

13,500

12,000

10,500

9,000

7,500

6,000 Mean Daily Mean Daily RiverFlow (cfs) 4,500

3,000

1,500

0 0 10 20 30 40 50 60 70 80 90 100 Percent of Time Flow Equaled or Exceeded Hackett Mills Project August Flow Duration Curve Pro-rated from USGS Gage No. 01057000 Little Androscoggin River near South Paris, ME Period of Record 01/01/1989 to 12/31/1989 15,000

13,500

12,000

10,500

9,000

7,500

6,000 Mean Daily Mean Daily RiverFlow (cfs) 4,500

3,000

1,500

0 0 10 20 30 40 50 60 70 80 90 100 Percent of Time Flow Equaled or Exceeded Hackett Mills Project September Flow Duration Curve Pro-rated from USGS Gage No. 01057000 Little Androscoggin River near South Paris, ME Period of Record 01/01/1989 to 12/31/1989 15,000

13,500

12,000

10,500

9,000

7,500

6,000 Mean Daily Mean Daily RiverFlow (cfs) 4,500

3,000

1,500

0 0 10 20 30 40 50 60 70 80 90 100 Percent of Time Flow Equaled or Exceeded Hackett Mills Project October Flow Duration Curve Pro-rated from USGS Gage No. 01057000 Little Androscoggin River near South Paris, ME Period of Record 01/01/1989 to 12/31/1989 15,000

13,500

12,000

10,500

9,000

7,500

6,000 Mean Daily Mean Daily RiverFlow (cfs) 4,500

3,000

1,500

0 0 10 20 30 40 50 60 70 80 90 100 Percent of Time Flow Equaled or Exceeded Hackett Mills Project November Flow Duration Curve Pro-rated from USGS Gage No. 01057000 Little Androscoggin River near South Paris, ME Period of Record 01/01/1989 to 12/31/1989 15,000

13,500

12,000

10,500

9,000

7,500

6,000 Mean Daily Mean Daily RiverFlow (cfs) 4,500

3,000

1,500

0 0 10 20 30 40 50 60 70 80 90 100 Percent of Time Flow Equaled or Exceeded Hackett Mills Project December Flow Duration Curve Pro-rated from USGS Gage No. 01057000 Little Androscoggin River near South Paris, ME Period of Record 01/01/1989 to 12/31/1989 15,000

13,500

12,000

10,500

9,000

7,500

6,000 Mean Daily Mean Daily RiverFlow (cfs) 4,500

3,000

1,500

0 0 10 20 30 40 50 60 70 80 90 100 Percent of Time Flow Equaled or Exceeded

APPENDIX E

RTE SPECIES CONSULTATION

United States Department of the Interior FISH AND WILDLIFE SERVICE Maine Ecological Services Field Office P. O. Box A East Orland, ME 04431 Phone: (207) 469-7300 Fax: (207) 902-1588 http://www.fws.gov/mainefieldoffice/index.html

In Reply Refer To: August 01, 2019 Consultation Code: 05E1ME00-2017-SLI-0363 Event Code: 05E1ME00-2019-E-02708 Project Name: Hackett Mills Hydroelectric porject (FERC No. 6398)

Subject: Updated list of threatened and endangered species that may occur in your proposed project location, and/or may be affected by your proposed project

To Whom It May Concern:

The enclosed species list identifies the threatened, endangered, candidate, and proposed species and designated or proposed critical habitat that may occur within the boundary of your proposed project or may be affected by your proposed project. This species list fulfills the requirements of the U.S. Fish and Wildlife Service (Service) under section 7(c) of the Endangered Species Act (Act) of 1973, as amended (16 U.S.C. 1531 et seq.).

New information based on updated surveys, changes in the abundance and distribution of species, changed habitat conditions, or other factors could change this list. Please feel free to contact us if you need more current information or assistance regarding the potential impacts to federally proposed, listed, and candidate species and federally designated and proposed critical habitat. Please note that under 50 CFR 402.12(e) of the regulations implementing section 7 of the Act, the accuracy of this species list should be verified after 90 days. This verification can be completed formally or informally as desired. The Service recommends that verification be completed by visiting the ECOS-IPaC Web site at regular intervals during project planning and implementation for updates to species lists and information. An updated list may be requested through the ECOS-IPaC system by completing the same process used to receive the enclosed list.

The purpose of the Act is to provide a means whereby threatened and endangered species and the ecosystems upon which they depend may be conserved. Under sections 7(a)(1) and 7(a)(2) of the Act and its implementing regulations (50 CFR 402 et seq.), Federal agencies are required to utilize their authorities to carry out programs for the conservation of threatened and endangered species and to determine whether projects may affect threatened and endangered species and/or designated critical habitat. 08/01/2019 Event Code: 05E1ME00-2019-E-02708 2

A Biological Assessment is required for construction projects (or other undertakings having similar physical impacts) that are major Federal actions significantly affecting the quality of the human environment as defined in the National Environmental Policy Act (42 U.S.C. 4332(2) (c)). For projects other than major construction activities, the Service suggests that a biological evaluation similar to a Biological Assessment be prepared to determine whether the project may affect listed or proposed species and designated or proposed critical habitat. Recommended contents of a Biological Assessment are described at 50 CFR 402.12.

If a Federal agency determines, based on the Biological Assessment or biological evaluation, that listed species or designated critical habitat may be affected by the proposed project, the agency is required to consult with the Service pursuant to 50 CFR 402. In addition, the Service recommends that candidate species, proposed species and proposed critical habitat be addressed within the consultation. More information on the regulations and procedures for section 7 consultation, including the role of permit or license applicants, can be found in the Endangered Species Consultation Handbook at: http://www.fws.gov/endangered/esa-library/pdf/TOC- GLOS.PDF

This species list also identifies candidate species under review for listing and those species that the Service considers species of concern. Candidate species have no protection under the Act but are included for consideration because they could be listed prior to completion of your project. Species of concern are those taxa whose conservation status is of concern to the Service (i.e., species previously known as Category 2 candidates), but for which further information is needed.

If a proposed project may affect only candidate species or species of concern, you are not required to prepare a Biological Assessment or biological evaluation or to consult with the Service. However, the Service recommends minimizing effects to these species to prevent future conflicts. Therefore, if early evaluation indicates that a project will affect a candidate species or species of concern, you may wish to request technical assistance from this office to identify appropriate minimization measures.

Please be aware that bald and golden eagles are not protected under the Endangered Species Act but are protected under the Bald and Golden Eagle Protection Act (16 U.S.C. 668 et seq.). Projects affecting these species may require development of an eagle conservation plan: http://www.fws.gov/windenergy/eagle_guidance.html Information on the location of bald eagle nests in Maine can be found on the Maine Field Office Web site: http://www.fws.gov/mainefieldoffice/Project%20review4.html

Additionally, wind energy projects should follow the wind energy guidelines: http://www.fws.gov/windenergy/ for minimizing impacts to migratory birds and bats. Projects may require development of an avian and bat protection plan.

Migratory birds are also a Service trust resource. Under the Migratory Bird Treaty Act, construction activities in grassland, wetland, stream, woodland, and other habitats that would result in the take of migratory birds, eggs, young, or active nests should be avoided. Guidance for minimizing impacts to migratory birds for projects including communications towers (e.g.,

08/01/2019 Event Code: 05E1ME00-2019-E-02708 3 cellular, digital television, radio, and emergency broadcast) can be found at: http://www.fws.gov/migratorybirds/CurrentBirdIssues/Hazards/towers/towers.htm and at: http://www.towerkill.com; and at: http://www.fws.gov/migratorybirds/CurrentBirdIssues/Hazards/towers/comtow.html

We appreciate your concern for threatened and endangered species. The Service encourages Federal agencies to include conservation of threatened and endangered species into their project planning to further the purposes of the Act. Please include the Consultation Tracking Number in the header of this letter with any request for consultation or correspondence about your project that you submit to our office.

Attachment(s):

▪ Official Species List

08/01/2019 Event Code: 05E1ME00-2019-E-02708 1

Official Species List This list is provided pursuant to Section 7 of the Endangered Species Act, and fulfills the requirement for Federal agencies to "request of the Secretary of the Interior information whether any species which is listed or proposed to be listed may be present in the area of a proposed action".

This species list is provided by:

Maine Ecological Services Field Office P. O. Box A East Orland, ME 04431 (207) 469-7300

08/01/2019 Event Code: 05E1ME00-2019-E-02708 2

Project Summary Consultation Code: 05E1ME00-2017-SLI-0363

Event Code: 05E1ME00-2019-E-02708

Project Name: Hackett Mills Hydroelectric porject (FERC No. 6398)

Project Type: DAM

Project Description: LIHI Certification Project

Project Location: Approximate location of the project can be viewed in Google Maps: https:// www.google.com/maps/place/44.08285113963079N70.31435196487993W

Counties: Androscoggin, ME

08/01/2019 Event Code: 05E1ME00-2019-E-02708 3

Endangered Species Act Species There is a total of 3 threatened, endangered, or candidate species on this species list.

Species on this list should be considered in an effects analysis for your project and could include species that exist in another geographic area. For example, certain fish may appear on the species list because a project could affect downstream species.

IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA Fisheries1, as USFWS does not have the authority to speak on behalf of NOAA and the Department of Commerce.

See the "Critical habitats" section below for those critical habitats that lie wholly or partially within your project area under this office's jurisdiction. Please contact the designated FWS office if you have questions.

1. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an office of the National Oceanic and Atmospheric Administration within the Department of Commerce.

Mammals NAME STATUS Northern Long-eared Bat Myotis septentrionalis Threatened No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/9045

Fishes NAME STATUS Atlantic Salmon Salmo salar Endangered Population: Gulf of Maine DPS There is final critical habitat for this species. Your location is outside the critical habitat. Species profile: https://ecos.fws.gov/ecp/species/2097

Flowering Plants NAME STATUS Small Whorled Pogonia Isotria medeoloides Threatened No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/1890

08/01/2019 Event Code: 05E1ME00-2019-E-02708 4

Critical habitats THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S JURISDICTION.

STATE OF MAINE DEPARTMENT OF AGRICULTURE, CONSERVATION & FORESTRY 177 STATE HOUSE STATION AUGUSTA, MAINE 04333 JANET T. MILLS AMANDA E. BEAL GOVERNOR COMMISSIONER

August 1, 2019

Kayla Easler Kleinschmidt Associates PO Box 650 Pittsfield, ME 04967

Via email: [email protected]

Re: Rare and exemplary botanical features in proximity to: FERC No. 6398, Hackett Mills Hydroelectric Project, Minot and Poland, Maine

Dear Ms. Easler:

I have searched the Maine Natural Areas Program’s Biological and Conservation Data System files in response to your request received August 1, 2019 for information on the presence of rare or unique botanical features documented from the vicinity of the project in Minot and Poland, Maine. Rare and unique botanical features include the habitat of rare, threatened, or endangered plant species and unique or exemplary natural communities. Our review involves examining maps, manual and computerized records, other sources of information such as scientific articles or published references, and the personal knowledge of staff or cooperating experts.

Our official response covers only botanical features. For authoritative information and official response for zoological features you must make a similar request to the Maine Department of Inland Fisheries and Wildlife, 284 State Street, Augusta, Maine 04333.

According to the information currently in our Biological and Conservation Data System files, there are no rare botanical features documented specifically within the project area. This lack of data may indicate minimal survey efforts rather than confirm the absence of rare botanical features. You may want to have the site inventoried by a qualified field biologist to ensure that no undocumented rare features are inadvertently harmed.

If a field survey of the project area is conducted, please refer to the enclosed supplemental information regarding rare and exemplary botanical features documented to occur in the vicinity of the project site. The list may include information on features that have been known to occur historically in the area as well as recently field-verified information. While historic records have not been documented in several years, they may persist in the area if suitable habitat exists. The enclosed list identifies features with potential to occur in the area, and it should be considered if you choose to conduct field surveys.

This finding is available and appropriate for preparation and review of environmental assessments, but it is not a substitute for on-site surveys. Comprehensive field surveys do not exist for all natural areas in Maine, and in the absence of a specific field investigation, the Maine Natural Areas Program cannot provide a definitive statement on the presence or absence of unusual natural features at this site.

MOLLY DOCHERTY, DIRECTOR MAINE NATURAL AREAS PROGRAM PHONE: (207) 287-804490 BLOSSOM LANE, DEERING BUILDING WWW.MAINE.GOV/DACF/MNAP

Letter to Kleinschmidt Comments RE: Hackett Mills Hydro August 1, 2019 Page 2 of 2

The Maine Natural Areas Program (MNAP) is continuously working to achieve a more comprehensive database of exemplary natural features in Maine. We would appreciate the contribution of any information obtained should you decide to do field work. MNAP welcomes coordination with individuals or organizations proposing environmental alteration, or conducting environmental assessments. If, however, data provided by MNAP are to be published in any form, the Program should be informed at the outset and credited as the source.

The Maine Natural Areas Program has instituted a fee structure of $75.00 an hour to recover the actual cost of processing your request for information. You will receive an invoice for $150.00 for two hours of our services.

Thank you for using MNAP in the environmental review process. Please do not hesitate to contact me if you have further questions about the Natural Areas Program or about rare or unique botanical features on this site.

Sincerely,

Kristen Puryear | Ecologist | Maine Natural Areas Program 207-287-8043 | [email protected]

Rare and Exemplary Botanical Features within 4 miles of Project: FERC No. 6398, Hackett Mills Hydroelectric Project, Minot and Poland, Maine

State State Global Date Last Occurrence Common Name Status Rank Rank Observed Number Habitat Broad Beech Fern SC S2 G5 1895-09 13 Hardwood to mixed forest (forest, upland) Fern-leaved False Foxglove SC S3 G5 1893-08-28 14 Dry barrens (partly forested, upland),Hardwood to mixed forest (forest, upland) SC S3 G5 1895 12 Dry barrens (partly forested, upland),Hardwood to mixed forest (forest, upland) SC S3 G5 1938-08-18 11 Dry barrens (partly forested, upland),Hardwood to mixed forest (forest, upland) Large Whorled Pogonia PE SX G5 1895 2 Hardwood to mixed forest (forest, upland) Ram's-head Lady's-slipper E S1 G3 1935 11 Forested wetland,Hardwood to mixed forest (forest, upland) Scarlet Oak E S1 G5 1893 1 Hardwood to mixed forest (forest, upland) Small Whorled Pogonia E S2 G2? 2016-07-11 32 Hardwood to mixed forest (forest, upland) Swamp White Oak T S1 G5 2017-08-30 15 Forested wetland Tiny Lovegrass PE SH G5 1908-11 5 Old field/roadside (non-forested, wetland or upland),Dry barrens (partly forested, upland) Upright Bindweed T S2 G4G5 1958-06-22 10 Dry barrens (partly forested, upland),Old field/roadside (non-forested, wetland or upland) Vasey's Pondweed

Maine Natural Areas Program Page 1 of 2 www.maine.gov/dacf/mnap Rare and Exemplary Botanical Features within 4 miles of Project: FERC No. 6398, Hackett Mills Hydroelectric Project, Minot and Poland, Maine

State State Global Date Last Occurrence Common Name Status Rank Rank Observed Number Habitat SC S2 G4 1800 6 Open water (non-forested, wetland)

Maine Natural Areas Program Page 2 of 2 www.maine.gov/dacf/mnap STATE RARITY RANKS

S1 Critically imperiled in Maine because of extreme rarity (five or fewer occurrences or very few remaining individuals or acres) or because some aspect of its biology makes it especially vulnerable to extirpation from the State of Maine. S2 Imperiled in Maine because of rarity (6-20 occurrences or few remaining individuals or acres) or because of other factors making it vulnerable to further decline. S3 Rare in Maine (20-100 occurrences). S4 Apparently secure in Maine. S5 Demonstrably secure in Maine. SU Under consideration for assigning rarity status; more information needed on threats or distribution. SNR Not yet ranked. SNA Rank not applicable. S#? Current occurrence data suggests assigned rank, but lack of survey effort along with amount of potential habitat create uncertainty (e.g. S3?).

Note: State Rarity Ranks are determined by the Maine Natural Areas Program for rare plants and rare and exemplary natural communities and ecosystems. The Maine Department of Inland Fisheries and Wildlife determines State Rarity Ranks for animals.

GLOBAL RARITY RANKS

G1 Critically imperiled globally because of extreme rarity (five or fewer occurrences or very few remaining individuals or acres) or because some aspect of its biology makes it especially vulnerable to extinction. G2 Globally imperiled because of rarity (6-20 occurrences or few remaining individuals or acres) or because of other factors making it vulnerable to further decline. G3 Globally rare (20-100 occurrences). G4 Apparently secure globally. G5 Demonstrably secure globally. GNR Not yet ranked.

Note: Global Ranks are determined by NatureServe.

STATE LEGAL STATUS

Note: State legal status is according to 5 M.R.S.A. § 13076-13079, which mandates the Department of Conservation to produce and biennially update the official list of Maine’s Endangered and Threatened plants. The list is derived by a technical advisory committee of botanists who use data in the Natural Areas Program’s database to recommend status changes to the Department of Conservation.

E ENDANGERED; Rare and in danger of being lost from the state in the foreseeable future; or federally listed as Endangered. T THREATENED; Rare and, with further decline, could become endangered; or federally listed as Threatened.

NON-LEGAL STATUS

SC SPECIAL CONCERN; Rare in Maine, based on available information, but not sufficiently rare to be considered Threatened or Endangered. PE Potentially Extirpated; Species has not been documented in Maine in past 20 years or loss of last known occurrence has been documented.

Visit our website for more information on rare, threatened, and endangered species! http://www.maine.gov/dacf/mnap ELEMENT OCCURRENCE RANKS - EO RANKS

Element Occurrence ranks are used to describe the quality of a rare plant population or natural community based on three factors: - Size: Size of community or population relative to other known examples in Maine. Community or population’s viability, capability to maintain itself. - Condition: For communities, condition includes presence of representative species, maturity of species, and evidence of human-caused disturbance. For plants, factors include species vigor and evidence of human-caused disturbance. - Landscape context: Land uses and/or condition of natural communities surrounding the observed area. Ability of the observed community or population to be protected from effects of adjacent land uses. These three factors are combined into an overall ranking of the feature of A, B, C, or D, where A indicates an excellent example of the community or population and D indicates a poor example of the community or population. A rank of E indicates that the community or population is extant but there is not enough data to assign a quality rank. The Maine Natural Areas Program tracks all occurrences of rare (S1-S3) plants and natural communities as well as A and B ranked common (S4-S5) natural communities.

Note: Element Occurrence Ranks are determined by the Maine Natural Areas Program for rare plants and rare and exemplary natural communities and ecosystems. The Maine Department of Inland Fisheries and Wildlife determines Element Occurrence ranks for animals.

Visit our website for more information on rare, threatened, and endangered species! http://www.maine.gov/dacf/mnap From: Kayla Easler To: [email protected]; Lindsay, Scott Subject: FW: Hackett Mills Relicensing Date: Thursday, August 15, 2019 9:14:00 AM Attachments: 20190801_MNAP Review Request.pdf image001.png

Good morning,

I am requesting information regarding State of Maine listed rare or special status species or habitat that may occur within the project area of the Hackett Mills Hydroelectric Project FERC No. 6398.

A letter was sent to MNAP on August 1, 2019. Please find the request letter attached to this email. If you have any questions, please let me know.

Thank you,

Kayla A. Easler Regulatory Coordinator

Direct: (207) 416-1271 www.KleinschmidtGroup.com Providing practical solutions for complex problems affecting energy, water, and the environment

From: Kayla Easler Sent: Thursday, August 01, 2019 1:51 PM To: St.Hilaire, Lisa Subject: Hackett Mills Relicensing

Good afternoon Lisa,

I am requesting information regarding State of Maine listed rare or special status species or habitat that may occur within the project area of the Hackett Mills Hydroelectric Project FERC No. 6398. Please find the request letter attached to this email. If you have any questions, please let me know.

Best,

Kayla A. Easler Regulatory Coordinator

Direct: (207) 416-1271 www.KleinschmidtGroup.com Providing practical solutions for complex problems affecting energy, water, and the environment

APPENDIX F

EXHIBIT F DRAWINGS CEII MATERIALS THIS MATERIAL IS CRITICAL ENERGY INFRASTRUCTURE INFORMATION (CEII). MEMBERS OF THE PUBLIC MAY OBTAIN NONPUBLIC OR PRIVILEGED INFORMATION BY SUBMITTING A FREEDOM OF INFORMATION ACT (FOIA) REQUEST.

APPENDIX G

SUMMARY OF PROJECT GENERATION THIS MATERIAL IS PRIVILEGED INFORMATION (CUI//PRIV). MEMBERS OF THE PUBLIC MAY OBTAIN NONPUBLIC OR PRIVILEGED INFORMATION BY SUBMITTING A FREEDOM OF INFORMATION ACT (FOIA) REQUEST.

APPENDIX H

CURRENT NET INVESTMENT THIS MATERIAL IS PRIVILEGED INFORMATION (CUI//PRIV). MEMBERS OF THE PUBLIC MAY OBTAIN NONPUBLIC OR PRIVILEGED INFORMATION BY SUBMITTING A FREEDOM OF INFORMATION ACT (FOIA) REQUEST.

APPENDIX I

EAP EXEMPTION REQUIREMENTS CEII MATERIALS THIS MATERIAL IS CRITICAL ENERGY INFRASTRUCTURE INFORMATION (CEII). MEMBERS OF THE PUBLIC MAY OBTAIN NONPUBLIC OR PRIVILEGED INFORMATION BY SUBMITTING A FREEDOM OF INFORMATION ACT (FOIA) REQUEST.