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of the protest or intervention to the Description: § 205(d) Rate Filing: Protests may be considered, but Federal Energy Regulatory Commission, Revisions to OATT Schedule 12— intervention is necessary to become a 888 First Street NE., Washington, DC Appendix A re: RTEP Projects party to the proceeding. 20426. Approved in Dec 2016 to be effective 4/ eFiling is encouraged. More detailed This filing is accessible on-line at 6/2017. information relating to filing http://www.ferc.gov, using the Filed Date: 1/6/17. requirements, interventions, protests, ‘‘eLibrary’’ link and is available for Accession Number: 20170106–5061. service, and qualifying facilities filings review in the Commission’s Public Comments Due: 5 p.m. ET 1/27/17. can be found at: http://www.ferc.gov/ Reference Room in Washington, DC. Docket Numbers: ER17–754–000. docs-filing/efiling/filing-req.pdf. For There is an ‘‘eSubscription’’ link on the Applicants: Southern California other information, call (866) 208–3676 Web site that enables subscribers to Edison Company. (toll free). For TTY, call (202) 502–8659. receive email notification when a Description: § 205(d) Rate Filing: GIA Dated: January 6, 2017. document is added to a subscribed and Distribution Service Agmt Kimberly D. Bose, docket(s). For assistance with any FERC Lendlease California City Solar LLC to Secretary. Online service, please email be effective 1/7/2017. [FR Doc. 2017–00564 Filed 1–11–17; 8:45 am] [email protected], or call Filed Date: 1/6/17. BILLING CODE 6717–01–P (866) 208–3676 (toll free). For TTY, call Accession Number: 20170106–5067. (202) 502–8659. Comments Due: 5 p.m. ET 1/27/17. Comment Date: 5:00 p.m. Eastern time Docket Numbers: ER17–755–000. DEPARTMENT OF ENERGY on January 26, 2017. Applicants: Midcontinent Dated: January 6, 2017. Independent System Operator, Inc. Federal Energy Regulatory Kimberly D. Bose, Description: § 205(d) Rate Filing: Commission _ Secretary. 2017–01–06 MISO Tariff Clean-up [Project No. 13102–003] [FR Doc. 2017–00560 Filed 1–11–17; 8:45 am] filing to be effective 1/7/2017. BILLING CODE 6717–01–P Filed Date: 1/6/17. Birch Power Company; Notice of Accession Number: 20170106–5078. Technical Meeting Comments Due: 5 p.m. ET 1/27/17. a. Date and Time of Meeting: January DEPARTMENT OF ENERGY Docket Numbers: ER17–756–000. 23, 2017 at 2:00 p.m. Eastern Standard Applicants: Midcontinent Time (1:00 p.m. Central Standard Time). Federal Energy Regulatory Independent System Operator, Inc. b. Place: Telephone conference. Commission Description: § 205(d) Rate Filing: c. FERC Contact: Adam Peer at 2017–01–06_SA 2884 Otter Tail- Combined Notice of Filings #2 [email protected], or (202) 502–8449. Crowned Ridge 1st Rev GIA (G736) to be d. Purpose of Meeting: Commission effective 1/7/2017. Take notice that the Commission Staff is hosting a technical meeting to Filed Date: 1/6/17. received the following electric rate discuss the details of Birch Power’s Accession Number: 20170106–5085. filings: proposed Spoils Disposal Plan filed on Comments Due: 5 p.m. ET 1/27/17. Docket Numbers: ER10–2507–010. May 21, 2014. Applicants: Westar Energy, Inc. Docket Numbers: ER17–756–000. e. A summary of the meeting will be Description: Notice of Non-Material Applicants: Midcontinent prepared and filed in the Commission’s Change in Status of Westar Energy, Inc. Independent System Operator, Inc. public file for the project. Filed Date: 1/6/17. Description: § 205(d) Rate Filing: f. All local, state, and federal agencies, _ Accession Number: 20170106–5116. 2017–01–06 SA 2884 Otter Tail- Indian tribes, and other interested Comments Due: 5 p.m. ET 1/27/17. Crowned Ridge 1st Rev GIA (G736) to be parties are invited to participate by Docket Numbers: ER16–2190–003; effective 1/7/2017. phone. Please call Adam Peer at (202) ER16–2191–003; ER16–2453–004. Filed Date: 1/6/17. 502–8449 by January 17, 2017, to RSVP Applicants: Brady Wind, LLC, Brady Accession Number: 20170106–5086. and to receive specific instructions on Wind II, LLC, Brady Interconnection, Comments Due: 5 p.m. ET 1/27/17. how to participate. LLC. Docket Numbers: ER17–757–000. Dated: January 6, 2017. Description: Notice of Non-material Applicants: Duke Energy Carolinas, Kimberly D. Bose, Change in Status of Brady Wind, LLC, LLC. et. al. Description: § 205(d) Rate Filing: Secretary. Filed Date: 1/6/17. Amendment to NCEMC NITSA SA 210 [FR Doc. 2017–00562 Filed 1–11–17; 8:45 am] Accession Number: 20170106–5093. to be effective 1/1/2017. BILLING CODE 6717–01–P Comments Due: 5 p.m. ET 1/27/17. Filed Date: 1/6/17. Docket Numbers: ER17–752–000. Accession Number: 20170106–5147. DEPARTMENT OF ENERGY Applicants: PJM Interconnection, Comments Due: 5 p.m. ET 1/27/17. L.L.C. The filings are accessible in the Federal Energy Regulatory Description: Notice of Cancellation of Commission’s eLibrary system by Commission First Revised Service Agreement No. clicking on the links or querying the 2359, Queue No. U3–003 of PJM docket number. [Project No. 1494–437; Oklahoma] Interconnection, L.L.C. Any person desiring to intervene or Grand River Dam Authority; Notice of Filed Date: 1/6/17. protest in any of the above proceedings Availability of Draft Environmental Accession Number: 20170106–5057. must file in accordance with Rules 211 Assessment Comments Due: 5 p.m. ET 1/27/17. and 214 of the Commission’s Docket Numbers: ER17–753–000. Regulations (18 CFR 385.211 and In accordance with the National Applicants: PJM Interconnection, 385.214) on or before 5:00 p.m. Eastern Environmental Policy Act of 1969 and L.L.C. time on the specified comment date. the Federal Energy Regulatory

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Commission’s (Commission or FERC’s) action that would significantly affect the Commenters can also submit brief regulations, 18 Code of Federal quality of the human environment. comments up to 6,000 characters, Regulations (CFR) Part 380, the Office of A copy of the draft EA is available for without prior registration, using the Energy Projects has reviewed an review at the Commission’s Public eComment system at http:// application filed by the Grand River Reference Room or may it be viewed on www.ferc.gov/docs-filing/ Dam Authority (GRDA) to permanently the Commission’s Web site at ecomment.asp. You must include your amend the reservoir elevation rule curve www.ferc.gov using the ‘‘eLibrary’’ link. name and contact information at the end contained in Article 401 of the license Enter the docket number P–1494 in the of your comments. For assistance, for the Pensacola Hydroelectric Project docket number field to access the please contact FERC Online Support. No. 1494. The amendment would allow document. For assistance, contact FERC Although the Commission strongly GRDA to keep water levels in the Online Support at encourages electronic filing, documents project’s reservoir, Grand Lake O’ the [email protected] or toll- may also be paper-filed. To paper-file, Cherokees (Grand Lake), up to two feet free at 1–866–208–3676, or for TTY, mail a paper copy to: Kimberly D. Bose, higher August 16 through October 31 202–502–8659. Secretary, Federal Energy Regulatory You may register online at each year. The project is located on the Commission, 888 First Street NE., www.ferc.gov/docs-filing/ Grand (Neosho) River in Craig, Washington, DC 20426. The first page of esubscription.asp to be notified via Delaware, Mayes, and Ottawa Counties, any filing should include the docket email of new filings and issuances Oklahoma. number P–1494–437. related to this or other pending projects. For further information, contact B. Staff prepared a draft environmental For assistance, contact FERC Online Peter Yarrington at (202) 502–6129 or assessment (EA) for the application Support. [email protected], or contact which analyzes the potential Any comments on the draft EA should Jeremy Jessup at (202) 502–6779 or environmental effects of approving the be filed by February 6, 2017. Comments [email protected]. requested permanent change to the may be filed electronically via the Article 401 rule curve and concludes Internet. See 18 CFR 385.2001(a)(1)(iii) Dated: January 6, 2017. that such an approval, with specified and the instructions on the Kimberly D. Bose, environmental protection measures, Commission’s Web site at http:// Secretary. would not constitute a major federal www.ferc.gov/docs-filing/efiling.asp. BILLING CODE 6717–01–P

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DRAFT ENVIRONMENTAL ASSESSMENT

AMENDMENT OF ARTICLE 401 TO MODIFY RESERVOIR ELEVATION RULE CURVE

PENSACOLA HYDROELECTRIC PROJECT FERC No. 1494-437 Oklahoma

Federal Energy Regulatory Commission Office of Energy Projects Division of Hydropower Administration and Compliance 888 First Street, N.E. Washington, DC 20426

January 2017

BILLING CODE 6717–01–C

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Table of Contents

List of Figures ...... iv List of Tables ...... iv Acronyms ...... v 1.0 Application ...... 1 2.0 Purpose of Action and Need for Power ...... 1 3.0 Background ...... 2 3.1 Pensacola Project Description ...... 2 3.2 Project Operation and Article 401 Rule Curve ...... 4 4.0 Proposed Action and Alternatives ...... 5 4.1 Proposed Action ...... 5 4.1.1 Rule Curve Modification ...... 6 4.1.2 Storm Adaptive Management Plan ...... 7 4.1.3 Drought Adaptive Management Plan ...... 8 4.2 Other Action Alternatives ...... 9 4.3 No-Action Alternative ...... 10 5.0 Consultation and Compliance ...... 10 5.1 Background and GRDA’s Pre-Filing Consultation ...... 10 5.2 Responses to Commission’s Additional Information Request ...... 11 5.3 Public Notice and Responses ...... 11 5.4 Comments on Flooding and the Scope of this Environmental Assessment ...... 16 5.5 Government-to-Government Consultation ...... 17 5.6 Statutory Compliance ...... 17 5.6.1 Section 401 Water Quality Certification ...... 17 5.6.2 Endangered Species Act ...... 18 5.6.3 National Historic Preservation Act ...... 18 6.0 Environmental Analysis ...... 19 6.1 Scope of the Analysis ...... 19 6.2 General Description of the Project Area ...... 19 6.3 Geology and Soils ...... 19 6.3.1 Affected Environment ...... 19 6.3.2 Environmental Effects ...... 20 6.4 Water Quantity and Flows ...... 20 6.4.1 Affected Environment ...... 20 6.4.2 Environmental Effects ...... 22 6.5 Water Quality ...... 28 6.5.1 Affected Environment ...... 28 6.5.2 Environmental Effects ...... 30 6.6 Fisheries and Other Aquatic Resources ...... 31 6.6.1 Affected Environment ...... 31 6.6.2 Environmental Effects ...... 33 6.7 Terrestrial Resources ...... 34 6.7.1 Affected Environment ...... 34 6.7.2 Environmental Effects ...... 36 6.8 Wetlands and Riparian Resources ...... 36 6.8.1 Existing Environment ...... 36 6.8.2 Environmental Effects ...... 37 6.9 Threatened and Endangered Species ...... 37 6.9.1 Existing Environment ...... 37 6.9.2 Environmental Effects ...... 38 6.10 Cultural and Historic Resources ...... 39 6.10.1 Existing Environment ...... 39 6.10.2 Environmental Effects ...... 39 6.11 Recreation ...... 41 6.11.1 Affected Environment ...... 41 6.11.2 Environmental Effects ...... 42 6.12 Land Use and Aesthetics ...... 43 6.12.1 Affected Environment ...... 43 6.12.2 Environmental Effects ...... 43 7.0 Conclusions and Recommendations ...... 44 7.1 Comprehensive Development and Staff-Recommended Measures ...... 44 7.1.1 Staff-Recommended Measures ...... 46 7.2 Consistency with Comprehensive Plans ...... 47 8.0 Finding of No Significant Impact ...... 47 9.0 Literature Cited ...... 48 10.0 List of Preparers ...... 49 List of Figures

Figure 1. Location Map of the Pensacola Hydroelectric Project ...... 3 Figure 2. Proposed Changes to Article 401 Reservoir Rule Curve Elevations ...... 6

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List of Tables

Table 1. Responses to Public Notice of GRDA’s Amendment Application ...... 11 Table 2. Grand Lake Elevation and Surface Area ...... 21 Acronyms Section 106 Section 106 of the National recreation during the summer/fall peak Historic Preservation Act ACER U.S. Department of the Interior, recreation season and provide storage of Section 401 Section 401 of the Clean Water additional water to assist in making Bureau of Reclamation, Assistant Act Commissioner, Engineering and Research Section 7 Section 7 of the Endangered releases for maintenance of dissolved Technical Memorandum No. 11 Species Act oxygen concentrations in the river BIA Bureau of Indian Affairs, Department of USGS U.S. Geological Survey downstream. the Interior 401 certification Water Quality Certification °C degrees Celsius under Section 401 of the Clean Water Act 3.0 Background cfs cubic feet per second 3.1 Pensacola Project Description CWA Clean Water Act ENVIRONMENTAL ASSESSMENT Commission or FERC Federal Energy Federal Energy Regulatory The Commission issued a license for Regulatory Commission Commission; Office of Energy Projects; the Pensacola Project to GRDA on April Corps U.S. Army Corps of Engineers Division of Hydropower Administration 24, 1992.2 The project is located on the Drought Plan Drought Adaptive and Compliance; Washington, DC Management Plan Grand (Neosho) River in Craig, DO dissolved oxygen Pensacola Hydroelectric Project; FERC Delaware, Mayes, and Ottawa counties, EA environmental assessment No. 1494–437 Oklahoma (Figure 1). Features of the Pensacola Project include: (1) A EAP Emergency Action Plan 1.0 Application ESA Endangered Species Act reinforced-concrete dam consisting of a FEMA Federal Emergency Management Act Application Type: Amendment of 4,284-foot-long multiple arch section, an FPA Federal Power Act Article 401 reservoir elevation rule 861-foot-long spillway containing 21 FWS U.S. Fish and Wildlife Service curve. Tainter or radial gates, a 451-foot-long GIS Geographic Information System Date Filed: May 6, 2016, non-overflow gravity section, and two Grand Lake Grand Lake O’ the Cherokees supplemented June 2, 2016, and June GRDA Grand River Dam Authority; licensee non-overflow abutments, comprising an 30, 2016. overall length of 5,950 feet and HPMP Historic Properties Management Applicant’s Name: Grand River Dam Plan maximum height of 147 feet; (2) two Authority. auxiliary spillways about one mile east incremental increase change in water Water Body: Neosho (Grand) River. surface elevation under proposed County and State: Craig, Delaware, of the dam, a 505-foot-long concrete amendment Mayes, and Ottawa counties, Oklahoma. gravity middle spillway containing 11 Interior Department of the Interior Federal Lands: The project does not Tainter gates and a 464-foot-long mg/l milligrams/liter occupy any federal lands. concrete gravity east spillway National Register National Register of containing 10 Tainter gates; (3) a Historic Places 2.0 Purpose of Action and Need for reservoir known as Grand Lake O’ the NDMC National Drought Mitigation Center Power NGVD National Geodetic Vertical Datum Cherokees (Grand Lake) having a surface NHPA National Historic Preservation Act Grand River Dam Authority (GRDA), area of 46,500 acres and a storage Oklahoma AS Oklahoma Archaeological licensee for the Pensacola Hydroelectric capacity of 1,680,000 acre-feet at a water Survey Project, requests a permanent surface elevation of 745 feet Pensacola Oklahoma DEQ Oklahoma Department of amendment of the reservoir operating Datum (PD); 3 (4) six 15-foot-diameter Environmental Quality rule curve stipulated in Article 401 of and one 3-foot-diameter steel penstocks Oklahoma DWC Oklahoma Department of the project license.1 The Article 401 rule supplying flow to six turbine-generators Wildlife Conservation curve specifies seasonal water surface of 14.4-megawatt capacity each and one Oklahoma WRB Oklahoma Water Resources elevations that are to be targeted at the turbine-generator of 500-kilowatt Board project reservoir (Grand Lake) during capacity located in a powerhouse Oklahoma SHPO Oklahoma State Historic Preservation Officer project operation. GRDA’s request immediately below the dam; (5) a PD Pensacola Datum; PD is 1.07 feet higher involves changes to the rule curve tailrace about 300 feet wide and a than NGVD during the period of August 16 through spillway channel about 850 feet wide, Storm Plan Storm Adaptive Management October 31 to reduce the risk of vessel both about 1.5 miles long; and (6) Plan groundings in late summer, improve appurtenant facilities.

1 In its request, GRDA also asked that, if the amendment. A temporary variance for 2016 was 3 Pensacola Datum (PD) is 1.07 feet higher than Commission could not process its permanent granted in an order issued August 12, 2016. Grand National Geodetic Vertical Datum (NGVD) which is amendment by August 15, 2016, that it be granted River Dam Authority,156 FERC ¶ 61,106 (2016). a national standard for measuring elevations above a temporary variance for the period of August 15, 2 The project was originally licensed in 1939 and sea level. Elevations discussed in this EA are in PD 2016, through October 31, 2016, while the was relicensed in 1992. Grand River Dam values unless otherwise stated. Commission processed its request for a permanent Authority, 59 FERC ¶ 62,073 (1992).

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Figure 1. Location Map of the Pensacola Hydroelectric Project (source: U.S. Geological Survey (USGS) and Environmental Systems Research Institute: Geographic Information Systems (ESRI-GIS), 2016).

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3.2 Project Operation and Article 401 the U.S. Army Corps of Engineers operates the project pursuant to Article Rule Curve (Corps) directs water releases from the 401 of the project license, as amended Grand Lake is used for multiple dam under the terms of a 1992 Letter of in an order issued December 3, 1996.4 purposes including power generation, Understanding and Water Control Article 401 requires GRDA to operate recreation, wildlife enhancement, and Agreement between the Corps and the project to maintain, to the extent flood control. Dedicated flood storage GRDA that addresses flooding both practicable, the following target (the flood pool) is provided between upstream and downstream of Grand reservoir surface elevations (the set of elevations 745 and 755 feet. When Lake. elevations known as a rule curve), reservoir elevations are within the limits When reservoir elevations are below except as necessary for the Corps to of the flood pool, the Tulsa District of the limits of the flood pool, GRDA provide flood protection:

Reservoir elevation, in feet Period (Pensacola datum)

May 1 through May 31 ...... Raise elevation from 742 to 744. June 1 through July 31 ...... Maintain elevation at 744. August 1 through August 15 ...... Lower elevation from 744 to 743. August 16 through August 31 ...... Lower elevation from 743 to 741. September 1 through October 15 ...... Maintain elevation at 741. October 16 through October 31 ...... Raise elevation from 741 to 742. November 1 through April 30 ...... Maintain elevation at 742.

Since issuance of the 1996 order, 4.0 Proposed Action and Alternatives 4.1.1 Rule Curve Modification GRDA has filed eight requests for either 4.1 Proposed Action temporary variances from, or permanent Under GRDA’s proposal, the amendments of, the elevations specified GRDA requests a permanent Pensacola Project’s Article 401 rule in the Article 401 rule curve. Six of amendment of the Pensacola Project’s curve would be permanently amended those applications were withdrawn by Article 401 rule curve that would be for the remainder of the current license GRDA, denied, or dismissed by the followed each year through the period. The elevations along the rule curve would only be changed for the Commission.5 In July 2012, GRDA filed remainder of the current license 8 period of August 16 through October 31. an application for a temporary variance period. GRDA seeks the rule curve Between August 16 and September 15 so that it could operate the project to change to reduce the risk of vessel each year, the project would be operated vary from the rule curve in late summer grounding at Grand Lake in late to target an elevation of 743 feet, which and early fall in order to alleviate effects summer, improve recreation during the summer/fall peak recreation season, is up to two feet higher than the current of an ongoing regional drought. That better balance competing stakeholder rule curve. Between September 16 and application was approved in an order interests, and provide additional water September 30, the elevation target issued August 15, 2012.6 In July 2015, storage, if necessary, to assist in would be lowered from 743 to 742 feet. GRDA applied for a temporary variance maintaining DO concentrations in the Between October 1 and October 31, primarily to enhance recreational tailrace and river below the project, and operation would target an elevation of boating in late summer and early fall. below its Markham Ferry Project (No. 742 feet, which is up to one foot higher That application, which involved the 2183), located immediately than the current rule curve. After same changes to the rule curve downstream.9 GRDA’s proposal also October 31, reservoir elevations would elevations being requested in this includes a Storm Adaptive Management follow the project’s existing rule curve. proceeding, was approved in an order Plan (Storm Plan) and a Drought GRDA would operate the project to issued August 14, 2015.7 As referenced Adaptive Management Plan (Drought target the elevations along the rule curve above, a temporary variance for late Plan), which provide frameworks for at all times, except as provided by the summer and early fall 2016 was granted communication and operational Storm Plan or the Drought Plan, or as August 12, 2016. decision-making when major weather necessary for the Corps to provide flood events may affect GRDA’s ability to protection. GRDA’s proposed rule curve target elevations on the rule curve. change is shown in Figure 2.

4 Grand River Dam Authority, 77 FERC ¶ 61,251 April 6, 2011 request for a temporary (two-year) 6 Grand River Dam Authority, 140 FERC ¶ 62,123 (1996). variance to enhance recreational boating; April 4, (2012). 5 See June 26, 2015, Commission staff letter 2006 Commission staff letter denying March 13, 7 Grand River Dam Authority, 152 FERC ¶ 61,129 dismissing, for lack of adequate information, May 2006 request for temporary variance to respond to (2015) (August 14, 2015 order). drought conditions, on basis that variance not 28, 2015 request for temporary variance to enhance 8 The current license for the Pensacola Project recreational boating and tailwater dissolved oxygen warranted based on forecasted conditions; June 17, expires in April 2022. management; July 3, 2013 Commission order 2004 letter from GRDA withdrawing January 26, 9 denying March 20, 2013 request for temporary 2004 request to permanently amend Article 401 rule In addition to the temporary variance granted in variance based on drought forecasts, Grand River curve to enhance recreation, water quality, and 2016, in a separate proceeding in 2015, the Dam Authority, 144 FERC ¶ 61,007 (2013), and wildlife habitat; and August 16, 1999 letter from Commission granted the same temporary variance August 2, 2013 letter denying request for GRDA withdrawing June 2, 1999 request for for the period of August 15, 2015 through October reconsideration; July 25, 2011 Commission staff temporary variance (for calendar year 1999) to 31, 2015. Grand River Dam Authority, 152 FERC ¶ letter dismissing, for lack of adequate information, allow for alternative plan for millet seeding. 61,129 (2015).

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4.1.2 Storm Adaptive Management with activation of the Storm Plan stakeholders.11 In conjunction with the Plan notifications and conference calls at any distribution of the information, GRDA time during the year when there is a would also schedule a conference call. As part of its permanent amendment probability of high water conditions in Prior to the conference call, GRDA request, GRDA proposes to implement a the Grand/Neosho River basin. would consult with the Corps to Storm Plan that would be used year- determine whether any reservoir According to the Storm Plan, GRDA round in anticipation of and during management actions could be taken to would review, at a minimum, on a daily major precipitation events within the avoid, reduce, or minimize high water Grand/Neosho River basin that might basis the following information: (1) levels upstream or downstream of the result in high water conditions Weather forecasts in the watershed; (2) project. During the conference call, upstream or downstream of Grand Lake. Grand Lake surface elevation data; (3) GRDA would then notify the A Storm Plan was in place during the data from the USGS gages upstream and participants of any proposal to take 2015 and 2016 temporary variance downstream of the project; (4) surface action. Participants will then have an periods. During the 2015 temporary elevations at the Corps’ upstream John opportunity during the teleconference to variance period, weekly conference calls Redmond flood control reservoir and explore alternative solutions to respond between all participants took place to downstream Lake Hudson (part of to the forecasted high-flow event, keep all participants informed of GRDA’s Markham Ferry Project); and (5) recognizing the Corps’ jurisdiction to potential flood conditions in the river other relevant information affecting direct flood control releases for basin. Based on the success of the surface elevations at Grand Lake during weekly calls in 2015 and discussions the potential flood period. 11 The Storm Plan contact list includes: GRDA; during the December 2015 technical If GRDA’s daily review of the the Commission; Corps; National Weather Service, conference,10 the Storm Plan GRDA Tulsa Forecast Office; Oklahoma Secretary of includes in its permanent amendment information indicates a probability of Energy and Environment; Oklahoma Department of request includes year-round monitoring, high water conditions in the Grand/ Wildlife Conservation; Oklahoma Water Resources Neosho River basin in the vicinity of the Board; Oklahoma Office of Emergency Management; U.S. Fish and Wildlife Service; City of Miami; 10 A Technical Conference was held at the project, GRDA would immediately Ottawa County Office of the County Commissioner; University of Oklahoma in Tulsa, Oklahoma on provide the information to federal and Ottawa County Emergency Management; Modoc December 16, 2015, which included GRDA staff, state resource agencies, local Tribe; United Keetoowah Band of Cherokees; FERC staff, resource agencies, local government government officials, Commission staff, Quapaw Tribe of Indians; Oklahoma State Historic entities, and Tribes to discuss modeling needs Preservation Office; and Oklahoma Archeological related to the rule curve amendment. Tribes, and other interested Survey.

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purposes of flood risk management once well as meeting other water supply 4.2 Other Action Alternatives the reservoir elevation is forecasted to needs. No reasonable action alternatives to exceed a flood pool elevation of 745 Under the plan, GRDA would monitor GRDA’s proposal have been presented feet. GRDA would continue regular information from the NDMC’s U.S. by GRDA, identified by Commission communications with all participants Drought Monitor and information from staff, or suggested by entities during each event in order to keep them other generally accepted sources of commenting in this proceeding. informed of prevailing conditions. drought information applicable to the 4.3 No-Action Alternative GRDA notes that, although the basin. Based on this information, if protocols contained in the Storm Plan GRDA determines that drought Under the no-action alternative, are separate and distinct from the conditions appear imminent, GRDA GRDA’s request to permanently amend protocols in its Emergency Action Plan would begin weekly teleconferences the Pensacola Project’s Article 401 rule (EAP) for the project, the Storm Plan with, in general, the same federal and curve would be denied. GRDA would complements the EAP and involves state resource agencies, local therefore continue to operate the project many of the same entities. According to government officials, Commission staff, to target elevations along the current the Storm Plan, if the EAP is triggered, Indian Tribes, and other interested rule curve, except as directed by the the communication protocols in the stakeholders GRDA intends to consult Corps for flood control, for the EAP would supersede those included in with under the Storm Plan.12 In the remainder of the current license period. the Storm Plan until the emergency is teleconferences, GRDA would keep Also, GRDA’s Storm and Drought Plans resolved. these parties informed of prevailing would not be approved by the The Storm Plan also includes conditions and any plans to begin Commission. Environmental resources provisions regarding historic properties additional releases in the event the in the project area would remain the in the project area that could be NDMC U.S. Drought Monitor declares a same as they are initially described in adversely affected by high water levels. severe to exceptional drought. Environmental Analysis below. As discussed in Section 6.9 Cultural and Historic Resources, the plan Under the plan, if the NMDC U.S. 5.0 Consultation and Compliance specifies that, if the Oklahoma State Drought Monitor declares a severe to 5.1 Background and GRDA’s Pre-Filing Historic Preservation Office (Oklahoma exceptional drought for the Grand/ Consultation SHPO) concludes that any actions to Neosho River basin, GRDA may, at its GRDA’s pre-filing consultation address high water levels at Grand Lake discretion and based on input received included both its application for a would adversely affect any during the weekly teleconferences, permanent amendment to the Article archaeological site or other cultural commence additional releases from 401 rule curve and its request for a resource in the project area, GRDA Pensacola Dam, regardless of the temporary variance for 2016. GRDA would consult with the Oklahoma prevailing levels at Grand Lake and distributed a draft of its application to SHPO to develop a site-specific plan for Article 401 rule curve target elevations. federal and state resource agencies, protection or mitigation of the site. The Such releases would not exceed a rate Indian Tribes, local governmental plan also includes a provision for the equal to 0.06 feet of reservoir elevation authorities, and interested members of unanticipated discovery of unidentified per day, which is equivalent to the public on March 15, 2016. On that burial sites in the project area. approximately 837 cubic feet per second (cfs) per hour over a 24-hour period. same day, GRDA filed a request to 4.1.3 Drought Adaptive Management shorten the normal 60-day pre-filing Plan During the drought, GRDA would comment period to 30 days to help conduct weekly teleconferences to expedite processing. The Commission As part of its permanent amendment discuss project operations and would approved a reduced pre-filing comment request, GRDA would institute its address the following issues in each period on April 5, 2016. proposed Drought Plan during any teleconference: (1) Current and GRDA received comments on the draft period in which the National Drought forecasted drought conditions and application from the Delaware County Mitigation Center’s (NDMC) U.S. planned project operation; (2) Floodplain Administration, the Drought Monitor identifies a severe to maintenance of water levels and flows Oklahoma Water Resources Board exceptional drought within the Grand/ sufficient to maintain downstream DO (Oklahoma WRB), the Oklahoma Neosho River basin. The plan would concentrations for water quality and to Department of Wildlife Conservation help guide project operations and flow prevent fish kills; (3) maintenance of (Oklahoma DWC), the Modoc Tribe of releases during drought conditions. It’s reservoir elevations at the Markham Oklahoma, the City of Miami, Oklahoma the same plan used in 2016 and is Ferry Project’s Lake Hudson sufficient (City of Miami), plaintiffs in two civil similar to the plan used in 2015. As to operate its Salina Pumped Storage cases,13 Mr. N. Larry Bork (on behalf of noted earlier, GRDA must maintain DO Project for system reliability; and (4) citizens and businesses located in concentrations below the Pensacola based on available information, when Ottawa County, Oklahoma), the U.S. Project and below its downstream the severe to exceptional drought period Fish and Wildlife Service (FWS), and Markham Ferry Project. GRDA states is expected to end. When severe to the Oklahoma SHPO. GRDA included that, during periods of drought, exceptional drought conditions are over, copies of these comments and addressed adherence to the Article 401 rule curve GRDA would cease releases under the them in a comment/response table. could prevent it from releasing water plan, return to operating the project to Substantive issues raised in pre-filing necessary to maintain DO target Article 401 rule curve elevations, consultation included: (1) The extent concentrations in these areas. and notify federal and state resource and frequency of flooding of upstream Adherence to the rule curve could also agencies and other stakeholders areas and interpretation of recent flood prevent it from maintaining reservoir involved in the teleconference. studies; (2) progress in recent elevations in the Markham Ferry Project’s Lake Hudson, which are 12 The only participant not listed for both plans 13 The two cases are City of Miami v. GRDA, Case necessary to operate GRDA’s Salina is the National Weather Service, Tulsa Forecast No. CJ–08–690 (Okla. Dist. Ct.) and Asbell, et al. v. Pumped Storage Project (No. 2524) as Office, which is only included in the Storm Plan. GRDA, Case No. CJ–01–381 (Okla. Dist. Ct.).

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consultation between resource agencies December 16, 2015, at the University of 5.3 Public Notice and Responses and GRDA on mitigation for fish and Oklahoma, and copies of letters from the The Commission issued public notice wildlife under the current rule curve; University of Oklahoma and the Corps of GRDA’s application for a permanent and (3) protection of historic properties regarding recent flood studies relative to amendment of the Article 401 rule curve and archaeological sites. Almost all of the amendment request. on September 22, 2016, which was the issues raised in pre-filing 5.2 Responses to Commission’s published in the Federal Register on consultation were relevant to a 14 Additional Information Request September 29, 2016. The notice permanent rule curve change and established a 30-day deadline for almost all were repeated in the On May 18, 2016, Commission staff submitting comments, motions to responses to the Commission’s public issued a letter asking GRDA to provide intervene, and protests. The notice was notice of GRDA’s final application, as additional information regarding also published in five newspapers in the described below. All substantive issues fisheries and aquatic resources and the project area. Responses to the notice are raised in pre-filing consultation are results of flooding studies on property listed in the following table and treated in the resource sections of this summarized below. On November 8, environmental assessment (EA). and structures. GRDA filed additional information on these issues on June 2 2016, GRDA filed an answer to the GRDA also included in its application and 30, 2016, respectively. comments made in response to the a summary report on a hydraulic notice. Issues raised in these filings are modeling technical conference held addressed in this EA.

TABLE 1—RESPONSES TO PUBLIC NOTICE OF GRDA’S AMENDMENT APPLICATION

Entity Filing date Filing type

Modoc Tribe of Oklahoma ...... March 31, 2016 ...... protest and comments 15. Oklahoma DWC ...... April 6, 2016 ...... comments 14. Al Newkirk ...... October 10, 2016 ...... comments. U.S. Department of the Interior (Interior), Office of the Secretary, October 21, 2016 ...... comments 16. Albuquerque, New Mexico. Interior, Office of the Solicitor ...... October 21, 2016 ...... notice of intervention. N. Larry Bork ...... October 24, 2016 ...... protest and comments. City of Miami ...... October 24, 2016 ...... motion to intervene, protest, and comments. Miami Tribe of Oklahoma, Wyandotte Nation, Ottawa Tribe of Okla- October 24, 2016 ...... motion to intervene and protest. homa, Peoria Tribe of Oklahoma, Eastern Shawnee Tribe of Oklahoma, Seneca-Cayuga Nation (jointly, the Tribes). Oklahoma Archaeological Survey ...... November 7, 2016 ...... Comments.

Al Newkirk U.S. Department of the Interior Interior indicated that, as currently defined, the project boundary does not Al Newkirk states that his house and Interior reviewed the role of its occupy Indian lands, but that BIA is in commercial pecan grove are located Bureau of Indian Affairs (BIA) in the process of establishing the across the Neosho River from the City of working with federally recognized boundaries and legal definitions of all Miami. Mr. Newkirk indicates that the American Indian Tribes stating that it is affected Indian lands in the project area, frequency and duration of flooding of clear that higher water elevations would with a number of Tribes having his property have increased over the affect Tribal lands and resources. documented impacts to Tribally-owned years, with flooding in the pecan grove Interior indicated that the Inter-Tribal lands and resources. Interior stated that already occurring three times this year, Council 17 and several of its member it intends to more fully evaluate the and with floods previously lasting a day Tribes informed the BIA that backwater project boundary issue during or two but now extending to a week to flooding is affecting Tribal lands, relicensing.18 Interior also stated that 10 days. Mr. Newkirk indicates that communities, financial enterprises, lands and resources held in trust by the approximately 20 acres of his land infrastructure, and cultural resources. federal government are subject to its cannot be accessed when the lake is at Interior indicated that these Tribes are jurisdiction under section 4(e) of the an elevation of 744 feet and there are concerned that amending the rule curve Federal Power Act (FPA) and to flows of 5,000 to 6,000 cfs in the river. may increase adverse impacts. Interior restitution under FPA section 10(e). Mr. Newkirk writes that flooding results noted that there is currently no Interior indicated that the relicensing in financial harm to him and other agreement on the level of effects on process is the appropriate forum to people in the area. Regarding the timing Tribal lands and resources and until discuss these and all other issues of the annual lake drawdown in the fall, information to support appropriate associated with continued project Mr. Newkirk indicates that boat traffic mitigation for adverse effects is operation. Interior and BIA object to the on the lake drops off significantly by identified, Commission action on amendment until project impacts and September 15, and higher levels are not GRDA’s amendment application would mitigation can be evaluated and needed for safety past that time. be premature. negotiated during the re-licensing

14 81 FR 66,957 (Sept. 29, 2016). 17 The Inter-Tribal Council is a Tribal Eastern Shawnee Tribe of Oklahoma, the Shawnee 15 Filings made in response to the Commission’s intergovernmental body that is comprised of nine Tribe, Modoc Tribe, Quapaw Tribe, and the Seneca- March 16, 2016, public notice of GRDA’s request to sovereign Tribal governments whose seat of Cayuga Tribe. reduce the public comment period from 60 to 30 government is located in and around Ottawa 18 GRDA must file its Notice of Intent and Pre- days on GRDA’s March 15, 2016 draft application. County, Oklahoma: the Miami Tribe of Oklahoma, Application Document to begin the relicensing 16 Interior indicated in its comments that its letter the Wyandotte Nation, the Ottawa Tribe of process no later than March 31, 2017. superseded a letter it had filed October 19, 2016. Oklahoma, the Peoria Tribe of Oklahoma, the

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process, and jurisdictional issues sites, and submitting it to the interest and references prior cases in between the Corps and the Commission Commission after approval by the support of the Commission not ignoring are better understood. Tribes. existing conditions. The city also references the Commission’s authority Indian Tribes N. Larry Bork under the license and under the FPA The Tribes, which comprise six of the N. Larry Bork, in comments on behalf related to the protection of life, health, nine sovereign, federally-recognized of 493 citizens and businesses in Ottawa and property. Tribal governments whose respective County, asks the Commission to deny Finally, the City of Miami believes seats of government are located in and the amendment application. Mr. Bork that the Commission must evaluate around Ottawa County, Oklahoma, state asserts that the Commission is allowing flooding in its EA, including impacts that operation of the project has GRDA to violate its license when and the adverse socioeconomic impacts adversely affected their lands, facilities, unauthorized flooding occurs, and asks from unauthorized project-related and resources. In their comments, and the Commission to ensure that GRDA flooding, and impacts to Tribal lands during Government-to-Government purchases necessary easements before and resources that have been identified Consultation with the Commission approving any amendment to the rule through consultations with the Inter- (discussed below), the Tribes assert that curve. Mr. Bork references recent Tribal Council. The City also requests flooding due to project operation has studies finding a decrease in the flood that the Commission consider the Inter- increased in elevation, frequency, and storage capacity of Grand Lake caused Tribal Council’s concerns prior to duration, resulting in extensive property by accumulation of sediments over time, issuing a decision on the rule curve damage, closure of Tribal business and gives examples of times Grand Lake proposal. enterprises and facilities, and was below an elevation of 743 feet and impairment to essential services. The high flows still flooded the City of Oklahoma Archaeological Survey Tribes write that the proposed Miami. Mr. Bork also provides a list of The Oklahoma AS states that, amendment would increase risks to legal actions related to flooding although the Commission did not health and human safety. The Tribes upstream of the project. require GRDA to develop a project-wide state that the Commission cannot Additionally, Mr. Bork asserts that Historic Properties Management Plan determine what constitutes an past increases in the rule curve have led (HPMP) for the temporary variance, as ‘‘incremental’’ increase in flood effects to flooding and economic decline of the recommended by the Oklahoma SHPO, and evaluate the impacts of such an City of Miami. Also, he indicates that the Commission should require a HPMP increase, where the Commission has not backwater flooding can increase for the permanent amendment. The yet evaluated the impacts of current exposure to contaminants from the Oklahoma AS is concerned that changes operations. closed Tar Creek Superfund Site and in reservoir elevations have the The Tribes indicate that they oppose Spring River. Lastly, Mr. Bork expressed potential to substantially impact historic GRDA’s proposal and urge the concern that higher water levels would properties, including archaeological Commission to deny it based on cause more pressure on Pensacola Dam, sites, that are located along and near the unauthorized project-related flooding of when 907 earthquakes occurred in shore of Grand Lake, by eroding the federal trust lands. The Tribes believe Oklahoma last year. sites and by exposing them to looting that the Commission should defer any and vandalism. Further, the Oklahoma action pertaining to the rule curve until City of Miami AS does not accept the premise that project relicensing and indicate that, The City of Miami asks the GRDA’s HPMP for the Markham Ferry alternatively, the Commission should Commission to deny the permanent Project is an adequate framework for the condition any approval on GRDA’s prior amendment to the rule curve, or in the Pensacola Project since Markham Ferry fulfillment of a series of requirements, alternative, condition any approval by has its own project setting and cultural including: (1) completing requiring a comprehensive upstream resources. Therefore, the Oklahoma AS comprehensive upstream and and downstream flood routing study requests that a HPMP be developed downstream flood routing studies; (2) followed by the acquisition of all specifically for the Pensacola Project’s acquiring all necessary property rights necessary property rights. Citing proposed rule curve amendment. within 12 months of completing studies; recently-completed flood studies, the (3) investigating and reporting the City states that project operations have GRDA’s Answer to Interventions and extent of its use and occupancy of Tribal resulted in increased flooding in the Comments trust lands and filing an amendment City and surrounding region. The City On November 8, 2016, GRDA filed an application for authorization for any believes that GRDA’s failure to acquire answer to the comments filed by such occupancy as required under necessary flowage easements makes Interior, the Tribes, Mr. Bork, and the sections 4(e), 10(a), and 10(e) of the unauthorized flooding illegal under the City of Miami regarding flood effects, FPA; (4) identifying, in consultation project license and state and local laws, indicating that these entities’ comments with the Tribes and the Oklahoma and that it puts the health and safety of are without merit and outside the scope SHPO, any archaeological sites, historic people and property at risk. The City of the Commission’s statutory properties, or Tribal cultural properties indicates that the proposed rule curve responsibilities. GRDA argues that it that could be adversely impacted by the amendment would only make this and the Commission are not authorized project, including those outside the situation worse. to address flood control and flowage current project boundary and above The City of Miami does not believe rights at Pensacola Dam because flood existing flowage easements; (5) that analyzing only the incremental control is not a project purpose under conducting surveys of any such sites to effects of the proposal is appropriate the FPA, and Congress has tasked the determine eligibility for inclusion on and that the Commission cannot and Corps with these responsibilities. GRDA the National Register of Historic Places should not ignore existing conditions in next states that during the temporary (National Register); and (6) developing, rendering a decision on the amendment. variances in 2015 and 2016, its Storm in consultation with the Tribes and the The City says the Commission has a Plan successfully reduced the risk of Oklahoma SHPO, a plan for protection responsibility to ensure that GRDA flooding at the project. Lastly, GRDA of, or mitigation of damage to, such operates the project in the public states that the Tribe’s allegation that the

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Commission has failed to meet its flooding and affect property is discussed may result in a new discharge into responsibilities under section 106 of the in the Water Quantity and Flows navigable waters. The 401 certification National Historic Preservation Act section. The information in that section is a verification by the state that a (NHPA) are without merit. GRDA avers includes modeled effects to areas and proposed project would not violate that it has consulted with the structures in the City and surrounding water quality standards. appropriate agencies and Tribes and lands. Pursuant to our statutory On June 30, 2016, the Oklahoma that water levels under its proposal responsibilities under section 106 of the Department of Environmental Quality would not be outside the range of the NHPA, we address comments specific to (Oklahoma DEQ) issued a 401 current rule curve, and that any impacts Tribal lands and resources in the certification for GRDA’s permanent to historic properties from flood control Cultural and Historic Resources section amendment request, subject to four are beyond the scope of the undertaking and in the summary of our Government- conditions: (1) The certification does and the Commission’s jurisdiction. to-Government consultation with the not authorize any discharge or dredging; GRDA indicated that, while the Tribes Inter-Tribal Council. To the extent the (2) the reservoir will be maintained have asserted that project operation is above commenters address flooding between elevations 742 and 744 feet as causing flooding of Tribal trust lands, concerns that are not related to the requested by GRDA; (3) emergency and the Tribes have not identified properties pending amendment, the Commission routine maintenance will be as listed or eligible for listing in the will perform a comprehensive review of permitted by the Corps; and (4) the National Register that would be affected the project and any proposed future results of ongoing testing of DO by the proposed action. operation in the upcoming relicensing mitigation measures under the project license shall be submitted annually to 5.4 Comments on Flooding and the proceeding. That proceeding is the Oklahoma DEQ. These conditions are Scope of This Environmental appropriate forum to identify and included in our analysis of effects to Assessment address issues that are separate from GRDA’s amendment application. water quality in Section 6.4 Water The majority of the comments filed in Quality. response to the Commission’s public 5.5 Government-to-Government notice concern flooding in the upper Consultation 5.6.2 Endangered Species Act reaches of Grand Lake. These Commission staff met with the Inter- Section 7 of the Endangered Species comments, summarized above, Tribal Council on August 3, 2016, in Act (ESA) requires federal agencies to primarily focus on the degree to which Miami, Oklahoma to hear the Council’s ensure their actions are not likely to the presence of the project and GRDA’s concerns and gather any additional jeopardize the continued existence of operation of the project has contributed information the Council or its member federally listed threatened or to the frequency, duration, and Tribes wish to present for Commission endangered species, or result in the magnitude of flooding. In addition, consideration. In summary, the Inter- destruction or adverse modification of comments were filed on the effects of Tribal Council reiterated its concerns the critical habitat of such species. the proposed rule curve change on that the project already floods Tribal Several federally listed species are flooding, the accuracy of the project trust lands and other areas in the Miami known to use the Pensacola Project area. boundary, and the adequacy of GRDA’s region. The Inter-Tribal Council The gray bat (Myotis grisescens) and the property easements in relation to provided more detailed information Neosho mucket (Lampsilis flooding. Commenters also address the concerning the whereabouts of rafinesqueana) are listed as endangered, adequacy of input data and the individual Tribal lands and facilities while the Ozark cavefish (Amblyopsis methodology of several flood routing affected by flooding, their desire to be rosae) and the Neosho madtom (Noturus studies presented by GRDA, the City of compensated for flooding effects, and placidus) are listed as threatened. Miami, Commission staff, and others in their concerns about the project in In its April 21, 2016 comments on this and earlier proceedings. Further, general. Commission staff’s August 3rd GRDA’s application, FWS states that commenters questioned the accuracy meeting with the Inter-Tribal Council GRDA’s proposal would not adversely and interpretation of the results of those and its member Tribes was transcribed affect any listed species. Information on studies. and the transcripts were filed with the listed species is discussed further in These same issues were raised in the Section 6.8, Threatened and Commission’s 2015 and 2016 Commission’s Secretary. All comments presented at the August 3, 2016 meeting Endangered Species. However, in proceedings for GRDA’s temporary summary, no further consultation variances. In those proceedings, staff have been made a part of this proceeding and are publicly available. pursuant to the ESA is required for this carefully examined hydraulic modeling proceeding. studies and the results of those studies Further information concerning cultural and summarized its findings which and historic resources and the 5.6.3 National Historic Preservation were then addressed in the Commission’s consultation with the Act Tribes is discussed in Section 6.9 Commission’s orders issued August 14, Under section 106 of the NHPA,19 and Cultural and Historic Resources. 2015 and August 12, 2016. In the Water its implementing regulations,20 federal Quantity and Flows section of this EA, 5.6 Statutory Compliance agencies must take into account the staff summarizes those studies and effect of any proposed undertaking on 5.6.1 Section 401 Water Quality results as needed, in order to address properties listed or eligible for listing in Certification the flood-related comments received in the National Register and afford the this proceeding. The Clean Water Act (CWA) gives Advisory Council on Historic In their comments, Interior, the authority to each state to issue a section Preservation a reasonable opportunity to Tribes, Mr. Bork, and the City of Miami 401 Water Quality Certification (401 comment on the undertaking. GRDA’s raise the issue of flooding and adverse certification) for any FERC-licensed proposed amendment would not cause socioeconomic effects to property in the project that requires a permit pursuant Grand Lake to exceed its normal City of Miami and Tribal trust lands and to section 404 of the CWA. resources. The extent to which the Additionally, an applicant must obtain 19 54 U.S.C. 300101 et seq. (2014). proposed amendment would aggravate a 401 certification for any activity that 20 36 CFR part 800 (2011).

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maximum (or minimum) water surface good conditions for the growth of recorded November 20, with an annual elevations under the rule curve certain wetland vegetation (FERC 1996; mean flow of 9,169 cfs (USGS, 2016). specified by Article 401. Water levels FERC 2009 (SMP EA)). Grand Lake is one of the largest lakes would remain within existing in Oklahoma with approximately 522 6.3.2 Environmental Effects fluctuation limits within the rule curve. miles of shoreline. At the time of project Also, the proposed amendment does not Under the proposed rule curve, water was relicensed in 1992, Grand Lake was involve any land-clearing or land- levels would not be lowered three feet recorded as having a surface area of disturbing activities. Therefore, we find from elevation 744 to 741 feet in approximately 46,500 acres at elevation that the proposed amendment would August, as is currently done. Instead, 745 feet. At elevation 745.1 feet, the not affect cultural resources and historic the draw down would stop after one mean depth of the reservoir is about 36 properties. Further information is foot at elevation 743 feet until feet while the maximum depth is 164 discussed in Section 6.9 Cultural and September 15, then drop an additional feet (FERC, 2007; FERC 2009). As shown Historic Resources. foot to elevation 742 feet, and remain at in Table 2, results of recent surveys that level until October 31 (see Figure have updated the calculation of the 6.0 Environmental Analysis 2). This stepped reduction in water surface area of Grand Lake at an 6.1. Scope of the Analysis levels, combined with eliminating the elevation of 745 feet, as well as the The geographic scope of this analysis last foot of drawdown from September surface area at other elevations relevant in this EA. is Grand Lake, its shoreline areas, and 15 to October 31, would likely result in Except during flood events, when flows immediately upstream and only minor changes in erosion patterns that occur under the current rule curve. releases are directed by the Corps for downstream. As appropriate, flood control, GRDA operates the discussions of cumulative These changes would likely include minor decreases in shoreline erosion, Pensacola Project to target seasonal environmental effects are incorporated water elevations at Grand Lake varying into the resource sections in this although erosion from wind and waves at the waterline would be expected to from elevation 741 to 744 feet in document. accordance with the Article 401 rule The temporal scope of this continue regardless of water levels. curve. As shown in Figure 2, a lake environmental analysis focuses on the Reductions in erosion rates over elevation of 742 feet is maintained period from now until when the current sequential years could enhance November 1 through April 30. In May, project license expires in April 2022. revegetation of some shallow water, near-shore areas over time, leading to the lake is raised to a summer elevation The environmental effects of any of 744 feet. In August, the level is then proposed rule curve changes made increases in substrate and soil stabilization that could be beneficial. reduced to a low point of 741 feet and during the relicensing period will be then held there for six weeks from evaluated as part of the relicensing 6.4 Water Quantity and Flows September 1 through October 15. It is docket. 6.4.1 Affected Environment then returned to an elevation of 742 feet 6.2 General Description of the Project by November 1. While targeting the Area Grand Lake is impounded by elevations on the rule curve, GRDA also Pensacola Dam on the Neosho River, The Pensacola Project and its manages releases to provide water to which has a basin covering 12,110 operate GRDA’s downstream Markham reservoir, Grand Lake, are located on the square miles in Kansas, Oklahoma, Neosho River in the northeast corner of Ferry Project and its Salina Pumped Missouri, and Arkansas. The Neosho Storage Project. In addition, during Oklahoma, in Craig, Delaware, Mayes, River originates in the Flint Hills of east summer and fall, calculated releases are and Ottawa counties. Downstream of the central Kansas, then flows southeasterly made to help maintain DO project, the Neosho River is locally and easterly until it enters the 66-mile- concentrations in the tailrace and known as the Grand River. Much of the long Grand Lake. Below Pensacola Dam, downstream river, as discussed further land surrounding Grand Lake is the Neosho flows approximately 77 under Water Quality below. privately owned and many areas along miles to its confluence with the Grand Lake is also a significant local its shorelines have become highly Arkansas River. Significant tributaries of water supply. GRDA indicates in its developed with commercial resorts, the lake include Spring River, Elk River, application that approximately 25 private homes and condominiums, Tar Creek, and Duck Creek. wholesale customers currently municipal and state parks, marinas, and Flows in the Neosho River withdraw water from Grand Lake and private docks. downstream of Pensacola Dam to the that the lake is used by approximately 6.3 Geology and Soils head of Lake Hudson are controlled by 21,000 residential households and 500 operation of the Pensacola Dam. USGS commercial customers. GRDA issues 6.3.1 Affected Environment gage 07190500, Neosho River Near yearly permits for domestic water use. Limestone bluffs and steep rocky Langley, OK, is located approximately beaches characterize much of the 3.6 miles below the dam, and has been TABLE 2—GRAND LAKE ELEVATION southern and eastern shorelines at in operation 1939. According to records AND SURFACE AREA Grand Lake. Soils in these areas are collected at that gage for water years [Source: Oklahoma WRB, 2009] mostly cherty material that is not highly 1940 through 2015, the historic highest erodible. In contrast, the northern and daily mean flow was 287,000 cfs, Surface western areas of the lake are surrounded recorded May 20, 1943. The lowest Surface elevation area mostly by rolling plains with occasional daily mean flow for that period was 9 (feet PD 21) (thousands hills and ridges with gentle slopes. cfs, recorded March 25, 1940, four days of acres) These shorelines generally feature more after initial filling of Grand Lake began. 740 ...... 36.58 erodible loamy soils with mud The historic annual mean flow was 741 ...... 37.52 substrates, silt deposits, and wetlands at 7,601 cfs. In water year 2015, the 742 ...... 38.83 inlets and coves associated with highest daily mean flow of 86,900 cfs 743 ...... 39.98 numerous small tributaries. These mud was recorded at the gage on May 30, and substrates and silt deposits provide the lowest daily mean flow of 84 cfs was 21 Elevations converted from NGVD to PD.

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TABLE 2—GRAND LAKE ELEVATION equivalent to approximately 837 cfs per of the proposed rule curve modification. AND SURFACE AREA—Continued hour over a 24-hour period. The study determined that the proposed The reduction in the total drawdown [Source: Oklahoma WRB, 2009] rule curve modification would have a depth and the stepped reduction to minimal impact on upstream flooding; 26 Surface winter elevations should also provide concluding that the incremental Surface elevation area some benefits to other resources, increase in water surface elevations (feet PD 21) (thousands primarily near-shore and shoreline would be less than 0.2 foot 27 at Miami. of acres) habitat for fish and wildlife, as In review of the GRDA 2015 described in sections below. 744 ...... 40.60 temporary variance request, 745 ...... 41.11 Flooding Impacts Commission staff performed an independent analysis on the potential There have been several hydraulic 6.4.2 Environmental Effects flooding impacts of the rule curve studies prepared that assess the affects change. Commission staff gathered Project operation using the proposed the proposed rule curve amendment available pertinent data, including but rule curve would increase the elevation, would have on flooding. Key studies, as not limited to, stream flows, reservoir volume, and surface area of Grand Lake well as submitted reviews of those elevations, spillway gate operations, and in late summer and early fall. It would studies, were evaluated for this other data from historic storms to build therefore, allow GRDA to store more environmental analysis, they include: the input files for the independent • water each year during that period for A 2014 study performed by Alan C. verification model which also extended the duration of the current license term. Dennis (2014 Dennis Study); 22 • downstream to assess potential flooding As shown in Figure 2, water levels an independent modeling analysis impacts from Pensacola Dam to the would no longer be lowered all the way performed by Commission staff as part USGS Gage No. 07190500, Neosho River from elevation 744 to 741 feet in of its review of GRDA’s 2015 temporary near Langley, Oklahoma (Langley gage). August, but instead would be reduced to 23 variance request (2015 Staff Analysis); While the 2014 Dennis Study only 743 feet and held at that elevation from • a hydraulic modeling study considered storm events from August 15 August 16 through September 15. The conducted by Tetra Tech dated February to September 15, Commission staff elevation would then be lowered to 742 24 3, 2016 (2016 Tetra Tech Study); reviewed historic storms during the feet, eliminating the deepest part of the • a May 2016 review by Mead & Hunt August 16 to October 31 time period for drawdown, and held at that elevation of the 2016 hydraulic modeling study its independent analysis. Staff selected until the following spring. Also, as conducted by Tetra Tech; the October 1986, September 1993, and shown in Figure 2, the overall length of • letters dated July 23, 2015 and May October 2009 storms for use in the the drawdown period between summer 2, 2016 from the University of hydraulic model because they are large and winter elevations would be reduced Oklahoma regarding the 2014 Dennis historic storms from the time of year from 12 to 8 weeks. GRDA would Study and the differences between the corresponding to the proposed change continue to target the rule curve at all 2014 Dennis, 2015 Staff, and 2016 Tetra in the rule curve. Staff concluded that times, except as necessary for the Corps Tech studies; historic large spring or early summer to provide flood protection, or during • a letter dated February 20, 2015 storms were not appropriate for this any periods in which the proposed from the Corps regarding the 2014 analysis since they occur outside of the Storm or Drought Plans might be Dennis Study; and utilized. • proposed rule curve amendment a summary report on a hydraulic 28 The increase in lake elevations under modeling technical conference held period. Using flow data from USGS the proposed rule curve would December 16, 2016 in Tulsa, Gage No. 07185000, Neosho River near primarily benefit boating on Grand Lake Oklahoma.25 Commerce, Oklahoma (Commerce gage), in late summer and early fall each year, In support of its permanent along with the Federal Emergency as described in Recreation below. The amendment request, GRDA relies Management Act (FEMA) flood increase in storage would also provide primarily on the 2014 Dennis Study frequency curve prepared for that 29 a buffer for local entities that utilize which analyzed the upstream flooding gage, Commission staff determined Grand Lake for water supply, because impacts, particularly in the area of that the flow recurrence intervals for the more storage would be available during Miami, which would occur as a result Neosho River for the October 1986, what is typically the hottest and driest September 1993, and October 2009 time of the year. This coincides with the 22 The 2014 Dennis Study is a graduate thesis storms are 17-year, 8-year, and 3-year season when the population around the submitted to the University of Oklahoma graduate events, respectively. The results of the lake is highest, with the highest local program in 2014 by Alan C. Dennis. Floodplain Commission staff independent analysis Analysis of the Neosho River Associated with concluded that the maximum water demand. The higher reservoir Proposed Rule Curve Modifications for Grand Lake elevation in late summer and fall would O’ the Cherokees, Docket No. P–1494–432 (filed incremental increase is approximately also help ensure GRDA has sufficient May 29, 2015). 0.1 foot if the reservoir starting elevation water for releases to maintain 23 Commission staff’s independent analysis is raised from 741 to 742 feet and downstream DO in hot and dry years, as performed for GRDA’s temporary variance request approximately 0.2 foot if the reservoir was filed under Docket No. P–1494–432 on August described further in Water Quality, and 31, 2015. starting elevation is raised from 741 to would decrease the chances of Grand 24 The 2016 Tetra Tech Study was completed for Lake water levels falling below the rule the City of Miami, Oklahoma. Hydraulic Analysis 26 In this document, incremental refers to the curve during periods of drought. If of the Effects of Proposed Rule Curve Change at change in water surface elevation due to the Pensacola Dam on Neosho River Flooding in the proposed rule curve amendment. drought conditions cause water to fall Vicinity of Miami, Oklahoma, Docket No. P–1494– 27 0.2 foot is equivalent to 2.4 inches. below elevations on the rule curve, 433 filed April 14, 2016 and July 22, 2016 (2016 28 Generally, storm intensity and duration vary GRDA would, under its proposed Tetra Tech Study). seasonally throughout the year with larger events Drought Plan, regardless of reservoir 25 Attendees of the conference included occurring in the spring and early summer for this elevations, make releases that would not representatives from GRDA and its consultants, river basin. Commission staff, the City of Miami, the Corps, the 29 FEMA, Task Order HSFE06–11–J–0001 for exceed a flow rate equal to 0.06 feet of Modoc Tribe of Oklahoma, and the University of Grand Lake O’ the Cherokees Watershed (Nov. 15, reservoir elevation per day, which is Oklahoma. 2013).

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743 feet. However, a precise number of October 2009 historic storm events. The GRDA evaluate the impact to structures additional structures impacted by the study was performed using a HEC–RAS that would occur with and without the maximum incremental increase of 0.2 hydraulic model and incorporated new proposed rule curve change for the three foot in the vicinity of Miami could not bathymetric survey data to account for historic storm events (October 1986, be determined due to the lack of sedimentation that has occurred in the September 1993, and October 2009) surveyed structure data (e.g., first floor Neosho River channel upstream of the modeled in the 2016 Tetra Tech Study elevation or lowest adjacent grade to the reservoir. The 2016 Tetra Tech Study and 2015 Staff Analysis. Even though structure) and the coarseness of the indicates that the water surface Mead & Hunt recommended further available topographic data. Staff’s elevations at Miami during the modeled investigation before relying on the 2016 review of aerial photographic data in the historic flood events are higher than Tetra Tech Study results, it prepared vicinity of Miami indicated that there determined in the 2015 Staff Analysis inundation mapping for the three would be increased flooding of 11 for both the 741 and 743 feet Grand historic storm events based on the structures already inundated with a Lake elevations. The study confirmed elevations in the 2016 Tetra Tech Study. reservoir starting elevation of 741 feet. that during the three modeled storm The results of the inundation mapping, An additional 22 structures that are events, the maximum incremental which used the 2016 Tetra Tech Study located within a 30-foot horizontal increase in water surface elevation at water surface elevations, show no buffer of the inundation zone could also Miami, which occurs during the October additional structures would be impacted be impacted. Nonetheless, many 2009 storm, is less than 0.2 foot if the by the proposed rule curve change. inundated structures are located at the Grand Lake reservoir elevation is raised To quantify any increased physical edge of the inundated area where flood from 741 to 743 feet. The 2016 Tetra danger to residents due to the depths are minor and the incremental Tech Inundation Study concluded that incremental increase in inundation as a flooding impacts are minimal. the 2015 Staff Analysis underestimated result of higher water surface elevations The maximum incremental increase the number of structures inundated computed by Tetra Tech’s model, Mead in water surface elevation downstream under the current rule curve, due to the & Hunt conducted a hazard analysis for of Pensacola Dam, at the Langley gage, staff’s lower computed water surface the three historic storm events using the also occurs during the October 2009 elevations, but that no additional ACER 11 procedure.31 The analysis storm event and is approximately 0.3 structures would be impacted by the indicates that there would be no foot if the reservoir starting elevation is proposed rule curve change. increased danger under October 1986 raised from 741 to742 feet and On June 30, 2016, GRDA filed a and October 2009 storm conditions. approximately 0.7 foot if the reservoir response to Commission staff’s May 18, Under September 1993 storm starting elevation is raised from 741 to 2016 request for additional information. conditions, two structures, a 743 feet.30 With the same topographic The response included a review, commercial building and a recreational limitations found in the vicinity of prepared by GRDA’s consultant Mead & building, may experience an increase in Miami, a specific number of additional Hunt, of the 2016 Tetra Tech Study and danger. For the commercial building, structures impacted by the maximum an evaluation of the effects to property, the ACER 11 danger zone would change incremental increase of 0.7 foot could structures, and human life as a result of from the low danger zone to the not be determined. Review of aerial the higher water surface elevations judgment zone; however, the hazard photographic data indicated that there indicated in the 2016 Tetra Tech Study. increase is due to a slight increase in would be increased flooding of 12 Mead & Hunt found that all three of the flood depth of 0.1 foot. For the structures already inundated with a most recent hydraulic model studies of recreational building, the ACER 11 reservoir starting elevation of 741 feet. the Neosho River upstream of Pensacola danger zone would change from the An additional 7 structures that are Dam conducted by Tetra Tech, FERC, judgment zone to the high danger zone; located within a 30-foot horizontal and Dennis agree that the incremental however, the hazard increase is due to buffer of the inundation zone could also change in water surface elevations due a slight increase in flood depth of 0.1 be impacted. If GRDA is proactive in its to the requested variance is 0.2 feet (2.4 foot. Therefore, despite the change in adaptive management procedures, using inches) or less at the Miami gage. The danger zone classification for these two technical experts to continually assess difference in water surface elevations at structures, the actual change in hazard the potential for storm events and the Miami gage between the latest Tetra is insignificant and there would be no reacting quickly when necessary by Tech model and the FERC model are increased risk to human life. notifying downstream residents using primarily due to a difference in the In addition to Mead & Hunt, others EAP procedures that have been downstream boundary conditions/ reviewed and commented on the three developed for the project, there would starting water surface elevations, and separate hydraulic analyses. University be at most minimal increases in the bathymetry data gathered in April of Oklahoma professors, who were on incremental flooding. 2015 that results in higher predicted Mr. Dennis’ thesis committee, issued a The City of Miami filed comments on channel elevations. Mead & Hunt letter on July 23, 2015, that responded July 22, 2016, which included a new concluded that the Tetra Tech modeling to comments directly related to his study performed by Tetra Tech dated cannot be relied upon for future studies Master’s thesis work. The professors April 26, 2016, that evaluated the effects until it has been verified that the model commented on the modeling protocols, of the proposed rule curve change on configuration, parameters, calibration the boundary conditions, and the time structure inundation (2016 Tetra Tech results, and overall results are accurate frame of modeling for the 2014 Dennis Study). The 2016 Tetra Tech Study and recommended that further Study. In addition, the professors stated evaluated the effects of the proposed investigation be completed before that the 2014 Dennis Study used the rule curve on flooding upstream of relying on the higher water surface Grand Lake, specifically in the vicinity elevations determined in the study. 31 U.S. Department of the Interior, Bureau of of Miami, that would occur during the In order to determine the effects to Reclamation, Assistant Commissioner, Engineering property and structures that could result and Research Technical Memorandum No. 11 October 1986, September 1993, and (ACER 11), Downstream Hazard Classification from the higher water surface elevations Guidelines (December 1988). The ACER 11 30 0.3 and 0.7 foot are equivalent to 3.6 and 8.4 indicated in the 2016 Tetra Tech Study, procedure describes the danger posed to inundated inches, respectively. Commission staff also requested that structures based on flood depth and velocity.

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most current bathymetric and Supporting Technical Information Generally, surface water temperatures topographic information that was Document for the project that is filed in Grand Lake range from between 4 and available. In particular, the lake with the Commission, the time required 28 °C annually. The reservoir typically bathymetry, which was called into to position a gate hoist above a spillway begins to exhibit thermal stratification question by the City of Miami in their gate and then raise or lower that gate is in May, with anoxic conditions forming June 26, 2015 letter, is based on data typically in the range of 15 to 20 in the deep waters of the hypolimnion collected by the Oklahoma Water minutes, which is adequate to respond several weeks later. Across Grand Lake, Resources Board in 2009, so it would to storm events. Mr. Bork also expressed the extent of stratification varies, with certainly represent sedimentation that concern regarding the number of downstream portions of the reservoir occurred between construction of the earthquakes in Oklahoma and the exhibiting stronger stratification than dam and 2009. Then, in a letter filed additional pressure that higher water the upstream sections of the reservoir. May 2, 2016, the same University of levels would place on Pensacola Dam. Sampling conducted in 2003 and 2004 Oklahoma professors commented on the Because the proposed rule curve change found that stratification was strongest 2014 Dennis Study, the 2015 Staff does not include any water levels higher during the summer, with approximately Analysis, and the 2016 Tetra Tech than those on the current rule curve, 38 percent of the water column having Study and stated that the three different and because there is no reason to expect DO concentrations below 2.0 mg/l in the studies, each using different that the rule curve change would lower portion of the reservoir (GRDA, approaches, have all reached a nearly significantly affect high-water events, 2008a). identical result, and that the predicted we do not anticipate any dam safety GRDA currently works to mitigate difference is within the expected concerns regarding GRDA’s proposed water quality issues through lake-wide bounds of model accuracy due to amendment. sanitation regulations, shoreline use numerical errors and parameterization classifications and management of of physical processes. 6.5 Water Quality shoreline development, water quality The Corps, Tulsa District reviewed 6.5.1 Affected Environment monitoring, and other measures the 2014 Dennis Study and found the included in its approved Shoreline Grand Lake study to be of high quality and Management Plan. consistent with previous studies that The designated beneficial uses for were completed by the Tulsa District Grand Lake include public and private Downstream (1998) and Dr. Forrest Holly (2004). The water supply, fish and wildlife The Oklahoma WRB has designated Corps said that although a more diverse propagation as a warm water aquatic the Neosho River below the project as a set of calibration storms would have community, Class 1 irrigation, and warm-water aquatic community, with been preferable, the results of this study primary body contact recreation (GRDA, minimum DO standards of 6.0 mg/l are consistent with previous efforts, and 2008b). Oklahoma state water quality from October 16 through June 15, and the Corps concurred with the findings standards require the following in order 5.0 mg/l from June 16 through October that were presented. In a July 24, 2015 to protect the warm water aquatic 15. A 1.0 mg/l DO deficit is allowed for letter, the Corps states that it had community designation: Dissolved not more than 8 hours in a 24-hour performed an analysis of the 2015 oxygen (DO) concentrations maintained period April 1 through October 15. temporary variance request and at or above 6.0 milligrams per liter (mg/ Water quality in the project tailrace determined that the variance would l) at 25 degrees Celsius (°C) from April and the river downstream is dependent have negligible impacts on downstream 1 to June 15 (for fish early life stages); on releases through generation. The flooding. Furthermore, the Corps states at or above 5.0 mg/l at 32 °C from June powerhouse draws water from relatively that its model results showed a 16 to October 15 (summer conditions); deep in the reservoir where water can discharge of around 100,000 cfs while and at or above 5.0 mg/l at 18 °C from have very low DO concentrations when adverse impacts (i.e., flooding) did not October 16 to March 31 (winter the lake stratifies in summer and into begin until 130,000 cfs at the Highway conditions) (GRDA 2008b). the fall. In the past, release of this DO- 82 Bridge. The Corps also notes that Grand Lake was recently listed on deficient water, combined with the hot properties outside of existing flowage Oklahoma’s 303(d) list for organic and dry conditions that regularly occur easements are not affected until the enrichment/low DO levels and color.32 in late summer and fall, has led to discharge exceeds 230,000 cfs. Water quality in the lake is affected violations of Oklahoma water quality The City of Miami’s July 22, 2016 primarily by heavy recreational use and standards and fish kills. GRDA now comments argue that the 2015 Staff shoreline development, but also by manages downstream releases during Analysis underestimates the number of heavy metal contamination from acid this period to maintain water quality structures impacted during the historic mine drainage originating upstream criteria for DO pursuant to plans storm events. Although both the 2016 along the Neosho River and Spring approved under license Article 403.33 Tetra Tech Study and the inundation River, and possibly by trace metal mapping conducted by Mead & Hunt 6.5.2 Environmental Effects contamination from local surface show a greater number of structures mining (GRDA 2008a). These sources Grand Lake impacted, both studies also determined include the Tar Creek Superfund Site, a that no additional structures would be Normal project operation under the former mining area known to release impacted by increased flooding due to proposed rule curve would not have any acid mine drainage containing heavy the proposed rule curve change. significant negative effects on water metals such as lead, cadmium, and zinc Further, as discussed above, the Mead & quality in Grand Lake and may provide into the Tar Creek system, the Neosho Hunt hazard analysis using the 2016 some minor benefits to water quality by River and Grand Lake (Oklahoma WRB, Tetra Tech Study found no additional reducing the magnitude of water level 2012). risk to human life. changes that may contribute to exposure Finally, Mr. Bork commented 32 Under section 303(d) of the CWA, states are 33 See Grand River Dam Authority, 151 FERC ¶ regarding the capability of GRDA to required to develop lists of impaired waters that 62,098 (2015) (Order Modifying and Approving timely open spill gates in advance of a don’t meet the state’s water quality standards for Dissolved Oxygen Mitigation Plan Pursuant to predicted storm event. According to the their designated beneficial uses. Article 403).

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of shallow substrates, rates of shoreline Commission added a requirement that water level fluctuations under the rule erosion, resuspension of sediments, and GRDA notify Oklahoma DEQ at the curve on shallow-water fish habitat at near-shore turbidity. Reduction in same time it notifies other agencies Grand Lake. The Article 401 rule curve substrate exposure and erosion rates pursuant to the plan of any significant in the 1992 license included a stepped would also reduce resuspension of DO deficiencies or DO mitigation, so 15-week drawdown and partial refill in pollutants, such as heavy metals, where that Oklahoma DEQ can track GRDA’s late summer and fall, with a low- they are present in substrates in the progress in maintaining state water elevation of 741 feet that was lake. Mr. Bork raised the issue of quality standards. Inclusion of the same maintained for a period of 8 weeks. The backwater flooding under the proposed requirement in any approval of a drawdown over that period was rule curve change allowing increased permanent amendment would allow intended, in part, to enhance fish exposure to contaminants from the Tar Oklahoma DEQ to continue to track habitat by exposing mudflats for natural Creek Superfund Site or Spring River. GRDA’s progress in maintaining state revegetation, and revegetation through Based on the discussion of flooding water quality standards through the annual millet seeding. When the rule effects above in the Water Quantity and remainder of the current license period, curve was amended to its current form Flows section, we do not believe the and help ensure water quality below the in a Commission order issued December proposed rule curve change would project is protected. 3, 1996, the drawdown was reduced to cause any measurable changes in release Based on our review, operation using 12 weeks, and the period of lowest of, or exposure to, contaminants from the proposed rule curve modification drawdown was reduced to 6 weeks. The those sources. would not result in any material adverse Commission acknowledged that the Downstream impacts to water quality. shortened drawdown period would reduce the effectiveness of annual millet The additional water that would be 6.6 Fisheries and Other Aquatic Resources seeding and negatively affect fish and stored in Grand Lake under the waterfowl. Therefore, Article 411 was proposed rule curve would help ensure 6.6.1 +Affected Environment added to the license to require a Fish water is available for making releases to Grand Lake and Waterfowl Habitat Management maintain downstream DO Plan, to include establishment of a concentrations during late summer and Grand Lake supports a robust warm mitigation fund and formation of a fall. Additionally, the proposed Drought water fishery for largemouth and technical committee to administer the Plan would help GRDA to maintain smallmouth bass, white bass, striped fund to design, implement, and evaluate downstream DO concentrations in the bass and hybrid striped bass, crappie, work to enhance fish and wildlife event that a severe to exceptional several species of sunfish and catfish, habitat. GRDA’s Article 411 plan was drought is declared for the river basin and paddlefish. It also supports approved, and the requirement to seed and reservoir elevations fall below the populations of a number of species of millet every year was deleted, in an elevations on the rule curve. suckers, minnows, and darters. Gizzard 34 GRDA indicates that releasing water order issued May 22, 2003. Work and threadfin shad are important forage under the plan can include, at the pursuant to the Drought Plan should species that help sustain the sport also help ensure that it has sufficient technical committee’s discretion, fishery in Grand Lake. Grand Lake is seeding of at least 1,000 acres of millet, water for DO maintenance in the river one of the top bass fishing destinations below its downstream Markham Ferry at a rate of 15 pounds per acre in any in the nation, consistently attracting given year for which favorable Project, while maintaining lake national fishing tournaments (FERC, elevations at that project’s Lake Hudson conditions were forecast. However, 1996; GRDA 2016). millet seeding was seldom performed necessary for operation of its Salina Largemouth bass and many other under the plan because the reduced Pumped Storage Project, which is fishes present in Grand Lake spawn in duration of the drawdown period important to local electric system springtime in relatively shallow waters. prevented germination over large reliability. Through the summer and fall, the young enough areas to provide significant Water quality downstream of the of these fishes then use shallow areas benefits.35 project could be negatively affected if with aquatic and emergent vegetation or the higher water levels on the proposed Since approval of the mitigation plan other structure as primary nursery in 2003, the primary shallow-water fish rule curve lead to any increase in habitat and for cover and feeding as they upstream flood conditions and therefore habitat work completed has been the mature (FERC, 1991; FERC, 1996). deployment of approximately 14,000 more flood flow releases. Increases in Water level fluctuations that occur ‘‘spider block’’ artificial reef structures. flood flow releases could increase rates under the current rule curve, which was These structures attract adult gamefish of downstream river bank erosion, approved in the order issued December for the purpose of improved sport resulting in increases in water turbidity. 3, 1996, do not allow the establishment fishing. They may also provide rearing However, based on studies to date, it is of significant areas of shallow-water and feeding habitat for fry and unlikely any such effects to downstream emergent and submergent aquatic fingerlings and cover from predators. flows and erosion would be significant, plants. Juvenile fishes that would use or predictable in frequency or severity. such areas for cover and feeding in Downstream Oklahoma DEQ’s 401 certification for summer and fall therefore utilize other GRDA’s permanent amendment request The tailrace area below the Pensacola types of cover, including woody debris Project and the reach of river includes a condition requiring GRDA to and other natural features, and man- provide it with annual reports of the made structure such as docks, and 34 Grand River Dam Authority, 103 FERC ¶ 62,102 results of ongoing testing of downstream artificial reefs. Current work on artificial (2003) (Order Approving Fish and Waterfowl DO mitigation measures performed reefs is described below. Habitat Management plan Under Article 411 and under plans that have been approved Deleting Article 404). under license Article 403. The Fish Habitat Mitigation for Effects of 35 Since 2003, millet seeding under the plan has Current Rule Curve only been attempted several times, most recently in Commission included this requirement 2011. Seeding has resulted in limited germination as a condition of its approval of GRDA’s A significant amount of effort has and plant growth adequate to benefit fish and temporary variance for 2016. The been expended to mitigate the effects of waterfowl habitat.

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downstream to Lake Hudson supports a allow GRDA to store more water during the low rocky hills of the region. Most popular fishery that includes many of late summer and early fall, increasing of this habitat, approximately 61,462 the species found in Grand Lake. As the volume of water available for release acres, occurs above 755 feet. Riparian explained above in Water Quality, water to maintain DO concentrations in the corridors typically are forested, with in these areas can be low in DO, tailrace and river downstream. This canopy dominants that include especially in late summer and fall, would help to protect fisheries and American elm, oaks, hackberry, black which has led to fish kills below the other aquatic resources in downstream walnut, sycamore, and pecan. Much of dam. However, GRDA is currently areas in years when inflows are low and this region has been converted for successful in mitigating this problem reservoir levels may be difficult to agriculture, with rangeland occupying through managed releases under an maintain. Further, as also described steeper slopes and croplands on nearly approved DO mitigation plan. under Water Quality, the proposed level plains. Common crops include Drought Plan would help to ensure sorghum, alfalfa hay, wheat, and 6.6.2 Environmental Effects water is available for maintenance of DO soybeans. Grand Lake concentrations and fish protection in Wildlife On an annual basis, maintaining the event that drought conditions cause higher water surface elevations in Grand reservoir elevations to fall below the Raptors, such as barred owl, red-tailed Lake from August 15 and October 31 rule curve. It is not possible to predict hawk, and red-shouldered hawk occur using the proposed rule curve would effects to downstream aquatic resources in both upland and bottomland forests. result in less fluctuation during late that could occur from any increases in Song birds of the wooded lots include summer and early fall, providing young flooding under GRDA’s proposal, or tanagers, nuthatches, warblers, and fishes, and other aquatic organisms, effects of GRDA’s proposed Storm Plan. woodpeckers typical of the eastern with more stable shallow-water habitat Based on the above, the proposed rule deciduous forests. Grassland birds and cover. The decrease in fluctuation curve change would have positive present in the prairie habitat include should allow better colonization of effects to fisheries downstream of the horned lark, grasshopper sparrow, emergent and submerged vegetation in project during late summer and fall by meadowlark, dickcissel, and bobolink. these areas, further improving habitat helping to ensure maintenance of DO Predatory birds in the grasslands consist for young fishes. Over the remainder of concentrations, and use of the Drought of short-eared owl, northern harrier, and the license term, this should allow Plan would help to avoid fish kills in rough-legged hawk. Bald eagles over- aquatic vegetation to more successfully the event of significant drought winter at Grand Lake. Game birds found colonize and return to suitable areas, conditions. at Grand Lake include bobwhite quail, wild turkey, mourning dove, and increasing shallow-water habitat and 6.7 Terrestrial Resources benefitting young fishes and the waterfowl. Grand Lake is also important as an macroinvertebrates they prey upon. 6.7.1 Affected Environment over-wintering and migratory stop for The proposed rule curve change Vegetation should not affect any fish habitat shorebirds and waterfowl; however, the Grand Lake is located in a transitional mitigation work under the Article 411 over-wintering habitat is limited by the zone between the Ozark Highlands and mitigation plan over the remaining term lack of submerged aquatic vegetation. Central Irregular Plain eco-regions of of the project license. As described Cormorants, pelicans, egrets, and herons northeast Oklahoma. In the Ozark above, annual millet seeding is no are among the non-game birds that Highlands eco-region, which longer performed under the plan and seasonally inhabit the Grand Lake area. characterizes most of the project area, GRDA is pursuing other mitigation A diverse array of game waterfowl such oak-hickory and oak-hickory-pine are options (i.e., land acquisitions) under as geese and dabbling, diving, perching, the primary forest types. Typical canopy the Article 411 plan beyond continuing sea, and stiff-tailed ducks also occur on placement of artificial reef structures. species on dry uplands and ridgetops Grand Lake during migration. Mallards Therefore, we cannot review any other include black oak, white oak, blackjack are the only dabbling duck that over- fish habitat mitigation work at Grand oak, post oak, winged elm, and winter on Grand Lake. Mallards are the Lake at this time, although we assume numerous hickories. Shortleaf pine also most abundant duck seen on the that any such work would take the occurs in oak-hickory-pine stands. reservoir with numbers peaking in effects of the water elevations under the Mesic forests containing sugar maple, December. Canada geese and wood proposal into account. white oak, and northern red oak are ducks live on the reservoir throughout It is not possible to predict the effects typical of north-facing slopes and the year. to fisheries and aquatic resources from ravines of more rugged, deeply Common mammals in the project area any changes to frequency or intensity of dissected sites. Willows, bottomland include white-tailed deer, striped periods of high water, or periods of low oaks, maples, hickories, birch, American skunk, raccoon, fox squirrel, Virginia water resulting from drought, that may elm, and sycamore are typical on opossum, eastern cottontail, armadillo, occur under the proposed rule curve, or floodplains and low terraces. Most level and red fox. These species inhabit the any mitigative effects of the proposed sites in the region have been converted upland deciduous forest surrounding Storm and Drought Plans. However, to haylands or pasturelands. the project. The bottomland forests there is no reason to expect that there In the extreme northern portion of contain all of these species, plus would be any significant effects on these project, primarily the Neosho River arm muskrat and beaver. Common species resources in Grand Lake. of Grand Lake, the oak hickory forests associated with the grassland/savannah Based on the above, the proposed rule of the Ozark Highlands give way to the are the least shrew, deer mouse, black- curve change should have minor tall grass prairies of the Central Irregular tailed jack rabbit, and badger. Bats are positive effects on fisheries and aquatic Plains. Typical dominants of tall grass of ecological concern in the area and the resources in Grand Lake. prairie sites include big bluestem, little endangered gray bat is particularly bluestem, switchgrass, and indiangrass. notable (discussed under Threatened Downstream Dry upland forests, similar to the oak- and Endangered Species). As described above under Water hickory forests of the Ozark Highlands A variety of frogs, toads, salamanders, Quality, the proposed rule curve would to the south and east, are common on lizards, turtles, and snakes comprise the

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local herpetofauna. The amphibians elevations of 735 to 745 feet. Wetland grisescens) and the Neosho mucket include species such as the American habitat areas have been broken down by (Lampsilis rafinesqueana) are listed as toad, spadefoot toad, and tree frogs. The type, resulting in the following endangered, while the Ozark cavefish turtle community includes snapping approximations: Palustrine forested, (Amblyopsis rosae) and the Neosho turtles, mud turtles, softshell turtles, 11,649 acres; mudflats, 5,662 acres; madtom (Noturus placidus) are listed as and a diversity of slider, map, and box scrub/shrub, 526 acres; ponded water, threatened. turtles. With the exception of the box 247 acres; and emergent, 234 acres Gray bats use two caves that are turtles, most of the turtle community is (GRDA 2008a). located in the Grand Lake project area: highly aquatic. Representative lizard As described under Fisheries and Beaver Dam Cave and Twin Cave. The species include the western slender Aquatic Resources above, GRDA may, in Beaver Dam Cave is located adjacent to glass lizard, collard lizard, Texas horned some years, seed millet on mudflat areas Drowning Creek, a tributary of Grand lizard, and diversity of skinks. Common in Grand Lake to benefit shallow-water Lake and the Twin Cave is located more snakes include species such as rat waterfowl and fish habitat in than a mile from Grand Lake and at an snakes, water snakes, bull snakes, and accordance with its approved Article elevation of 840 feet. Of these, only the venomous snakes such as copperheads, 411 Fish and Waterfowl Habitat Beaver Dam Cave is affected by Grand western cottonmouths, timber Management Plan. This is performed in Lake levels. Inundation of the cave rattlesnakes, and western pygmy the late summer and fall when lake begins when Grand Lake reaches 746 rattlesnakes. elevations are at their lowest point along feet and the cave entrance is completely Grand Lake is an important wintering the current rule curve. However, blocked when Grand Lake reaches 751 area for bald eagles. Most of the because millet seeding under the plan is feet. Between elevations 756 and 757 wintering eagles use a large communal seldom attempted or successful, it is not feet Grand Lake levels cause water to roost located on a small island near a significant factor in the natural reach the ceiling of the cave, drowning Twin Bridges State Park at the north end resources of Grand Lake. any bats inside. Bats in the cave can of the reservoir. Blackbirds represent a 6.8.2 Environmental Effects only survive one or two days without large part of the diet for eagles wintering food due to the high energy demands of on Grand Lake due to presence of a large Implementation of the proposed rule raising young from May through August. blackbird roost near Twin Bridges State curve would not likely cause any Further, if adults are trapped out of the Park. The bald eagle can be expected to negative impacts to existing wetland cave then the young will die. The stress forage throughout the project area. resources at Grand Lake because water of being trapped may also result in levels would remain within the range of 6.7.2 Environmental Effects aberrant behavior, causing bats to fall the current rule curve. The change may into the water. However, this concern The proposed permanent amendment provide minor benefits by reducing the has been addressed in that the Nature of rule curve would not impact water level fluctuations that occur Conservancy and GRDA enlarged two vegetation or wildlife resources located under the current rule curve, allowing high passage areas near the entrance of above normal reservoir rule curve some degree of increased growth and Beaver Dam Cave in 2008 and 2013. elevations. The change would not likely establishment of riparian and shallow- This work allows bats to access Beaver cause any negative impacts to vegetation water vegetation, which could benefit Dam Cave during periods of high water and wildlife resources located at and both fish and wildlife that utilize these although the exact elevation of complete below normal reservoir rule curve areas. The change would eliminate the inundation is not in any records filed elevations, because water levels would deepest part of the annual drawdown, a with the Commission. remain within the range of the current six-week period from September 1 Annual surveys of the gray bat rule curve. through October 15 when elevations are population have been conducted at In its letter dated March 29, 2016, the held at 741 feet, reducing or eliminating caves within the project area including Oklahoma DWC states that it supports exposure of mudflat areas previously Beaver Dam Cave since 2007. Based on the amendment request and agrees that used for millet seeding in some years. these surveys, most bats vacate the cave no additional mitigation for fish and However, as noted, millet seeding is not by mid-August. Only in one survey wildlife resources be required through currently a significant factor in Grand conducted in 2007 have bats remained the remainder of this license. The Lake’s natural resources. in the cave through August and into Oklahoma DWC indicated that its In its letter dated March 29, 2016, the September. support is based on a recently-finalized Oklahoma DWC states that it approves The Neosho mucket is a freshwater Interagency Agreement between of GRDA’s request to amend its rule mussel native to streams and rivers, Oklahoma DWC and GRDA in which curve for the remainder of its license. which lives in nearshore habitat and mitigation for wildlife resources would The Oklahoma DWC granted its support does not occur in inundated areas, i.e., be addressed through adjacent-site because of a recently-finalized lakes and ponds. Critical habitat for this restoration and management. Interagency Agreement between species has been designated in the Elk Oklahoma DWC and GRDA in which 6.8 Wetlands and Riparian Resources River and in the vicinity of Grand Lake; mitigation for wildlife resources would however, areas designated as critical 6.8.1 Existing Environment be addressed through adjacent-site habitat occur only in stream channels Grand Lake and the surrounding areas restoration and management, thereby and not in areas inundated by lakes or contain numerous wetlands. Wetlands negating the need to lower the lake level reservoirs. are most abundant along the upper, to seed mudflats for millet. The Ozark cavefish is a small fish shallow reaches of the reservoir. In the 6.9 Threatened and Endangered with no eyes or pigmentation and lives reservoir’s lower reaches, shoreline Species strictly in subterranean waters. Cave areas consist primarily of limestone ecosystems depend on bats (especially bluffs, with wetlands restricted to coves 6.9.1 Existing Environment gray bats) as a source of energy and and backwaters of inundated tributaries. Several species listed under the ESA nutrients. The Ozark cavefish is found The project supports about 18,318 acres have been identified in the Pensacola in Jailhouse Cave and Twin Cave near of wetland habitats, primarily at Project area. The gray bat (Myotis Grand Lake.

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The Neosho madtom is a small catfish discovery provisions in the Storm Plan remains or burials in accordance with that feeds at night on the bottom of and Drought Plans discussed in Section state law. GRDA incorporated these rivers and streams. The madtom only 5.5.3, Article 409 of the project license additional recommendations into its occurs within a 14-mile reach of the requires GRDA to immediately cease two plans and stated that it would be Neosho River well upstream of Grand work and to develop a cultural resource able to handle potential difficulties Lake near the Oklahoma/Kansas state management plan in consultation with arising from an emergency situation by line. Neosho madtom habitat is the Oklahoma SHPO if GRDA discovers using the Commission-approved HPMP periodically affected by the operation of previously unidentified archeological or for its Markham Ferry Project as a several Corp’s flood control structures historic properties during the course of framework to address any effects to on the Neosho River. constructing or developing project historic properties. works or other facilities. The plan must Furthermore, GRDA agreed that if 6.9.2 Environmental Effects include a description of each discovered Oklahoma SHPO or Oklahoma AS None of the threatened and property indicating whether it is listed determines that reservoir conditions endangered species identified at the on or eligible to be listed on the during the rule curve amendment project would be affected by the rule National Register, a description of the period adversely affect historic curve change. In its April 21, 2016 potential effect on each discovered properties, GRDA would develop a site- comments on GRDA’s application, FWS property, proposed measures for specific plan to address these agencies’ states that GRDA’s proposal would not avoiding or mitigating effects, concerns. This provision for a site- adversely affect any listed species. FWS documentation of the nature and extent specific plan, along with the further explained that the increased risk of consultation, and a schedule for consultation and unanticipated of flooding at Beaver Dam Cave is not mitigating effects and for conducting discovery provisions added to the Storm a concern because listed bats are not any needed additional studies. and Drought Plans, provides additional protection. using the cave at that time. Therefore, 6.10.2 Environmental Effects no further consultation is needed Because GRDA’s amendment would pursuant to the ESA. Operation under the proposed keep Grand Lake within existing amendment would maintain Grand Lake fluctuation limits and given the 6.10 Cultural and Historic Resources from August 16 through October 31 at additional consultation and site-specific 6.10.1 Existing Environment levels that are neither higher nor lower provisions added to the Storm Plan and than maximum and minimum levels Drought Plan, we do not recommend Native Americans in the historic currently experienced throughout the developing a project-wide HPMP at this period and Euro-American settlers in year. GRDA is not proposing to change time. Both the Oklahoma SHPO and the modern period leading up to maximum water surface levels and Oklahoma AS raised concerns that it Oklahoma’s statehood have made therefore, no new lands would be would be difficult to develop site- extensive use of the Grand River Valley affected by the amendment. specific plans during a storm or drought as a place of settlement and On March 15, 2016, GRDA provided event. GRDA responded that it would transportation. This pattern of use the Oklahoma SHPO a draft copy of its use the approved HPMP for the creates a high probability within the application containing its draft Storm Markham Ferry project as a framework project area for intact cultural resources Plan and draft Drought Plan. In an April for the agencies and GRDA to jointly dating from prehistoric eras, periods of 22, 2016 letter to GRDA, the Oklahoma address any effects to historic properties early European contact, the nineteenth SHPO recommended GRDA develop an during such an event for the proposed century, and the Civil War. In addition HPMP to address potential impacts to amendment period. The Oklahoma AS to historical evidence supporting the archeological sites located along and also pointed out that the Pensacola likelihood of intact archeological near shorelines and recommended project has a different project setting deposits, the topography of the region GRDA add the Oklahoma SHPO to the and different cultural resources than the lends itself to the preservation of list of consulting parties for the Storm Markham Ferry project. However the archaeological resources. While much of Plan and Drought Plan. GRDA added the Markham Ferry HPMP does contain the land in the downstream portion of Oklahoma SHPO to the consulting party provisions for inadvertent discovery of the project near the dam rises in steep lists for both plans and, rather than cultural resources and human remains bluffs from the shoreline, the upriver developing an HPMP, added provisions that could be equally applied in an portions of Grand Lake feature a in each plan for consulting with the appropriate timeframe during a storm or shallow, more riverine topography that Oklahoma SHPO about potential drought event that would help avoid or has the potential to contain intact impacts to cultural resources when the minimize effects to cultural resources. archaeological resources. In addition, plans are in effect. On April 29, 2016, At the Commission’s August 3, 2016 there are a number of tributaries that GRDA provided updated versions of Tribal consultation meeting and in their feed into Grand Lake that have a high both plans to the Oklahoma SHPO for filings with the Commission, the Tribes potential for intact resources (GRDA, review and comment. asserted that any rule curve change, 2008). In an email to GRDA dated May 2, whether temporary or permanent, GRDA maintains data supplied by the 2016, the Oklahoma SHPO reiterated its would increase flooding and adversely Oklahoma SHPO and the Oklahoma recommendation for a project-wide affect Tribal lands, including cultural Historical Society that has identified HPMP saying GRDA’s proposal to properties. The Tribes stated that potential and significant cultural develop an HPMP during a storm or backwater flooding from the project, resource sites in the project area. drought event, as described in the which they said occurs throughout the Approximately 50 cultural sites are revised plans, would be difficult. The year, would be exacerbated by the known to exist within the project area Oklahoma SHPO also recommended proposed rule curve change. The Tribes (GRDA, 2008). adding the Oklahoma AS to the also stated that flooding has impaired Currently there is risk of exposure of consulting party lists for both plans and access to important Tribal facilities, archaeological resources and potential recommended GRDA include a including ceremonial grounds, historic properties during drawdown provision for addressing any educational and assistance services, and drought. In addition to the unanticipated discoveries of human recreational facilities, Tribal

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government offices, and casinos, and which collectively provide the vast majority of boat groundings in has had negative social and economic approximately 22 public boat ramps. In 2013 and 2014 occurred during the tail impacts on Tribal communities. In addition, there are approximately 439 end of the high recreation season when addition, the Tribes have stated that private boat ramps, 53 commercial boat high recreational boating use coincided GRDA’s consultation for this ramps, 4,021 commercial boat slips for with periods of lowest water elevations amendment, which included sending rent, and 7,761 permitted private boat pursuant to the current rule curve. Such the draft application for Tribal review slips on the lake (GRDA, 2015). a pattern did not occur in 2015, when and comment, is inadequate and that Boating on Grand Lake occurs year- Grand Lake was held to 742 feet or they support others’ recommendations round, although the primary recreation above. Therefore, operation using the for a project-wide HPMP for the season extends from April 1 until proposed rule curve in 2017 and future proposed amendment. October 1. Fishing is a year-round years should contribute to a decrease in As stated above, GRDA’s proposed activity on Grand Lake and an average boat groundings at Grand Lake in the changes are within Grand Lake’s normal of 117 fishing tournaments were held on late summer early fall. the lake each year between 2009 and maximum and minimum fluctuation 6.12 Land Use and Aesthetics limits, therefore, no new lands would 2014. Waterfowl hunting occurs from likely be affected and we do not September through January primarily in 6.12.1 Affected Environment recommend an HPMP. If anything, the the riverine (i.e., uppermost) sections of Grand Lake has approximately 522 proposed changes would reduce the lake (GRDA, 2015). miles of irregular shoreline, which is GRDA indicated in its application that fluctuating water levels within Grand characterized by narrow channels and hazards that lead to boats running Lake and cultural and historic many coves. The shoreline of Grand aground exist more often at lower lake properties located on or near the Lake ranges from forested areas with a levels. For example, nearly 80 percent of shoreline would be less affected and mixture of vegetative cover types to all boat groundings during the high would not be subject to additional contiguous manicured lawns, recreation season (May 1 until exposure, looting, or vandalism, as residential housing, and commercial September 30) in 2013–2014 occurred asserted by the Oklahoma AS. development. The lands adjacent to the while the lake was being drawn down Moreover, sites are vulnerable to erosion northern and western shores of the pursuant to the rule curve or maintained at any level, but approval of this project consist primarily of rolling at elevation 741 feet. GRDA reports that, amendment does not exacerbate those plains with occasional hills and ridges in contrast, despite more boats using the effects since the difference in water and gently sloping shoreline. The lands lake in 2015 than in 2014,36 elevations would be smaller during this adjacent to the southern and eastern substantially fewer boats ran aground period. shores are characterized by deep ravines during the August 16 to October 31, Concerning flooding of Tribal lands, and narrow valleys separated by broad, 2015 timeframe during the 2015 the Pensacola project boundary, as gently rolling uplands, with shorelines temporary variance compared to the currently defined, does not occupy consisting primarily of steep rocky same timeframe in 2013 and 2014 federal Tribal lands held in trust. beaches and bluffs. The upper section of (GRDA, 2016).37 Moreover, the proposed amendment Grand Lake is primarily undeveloped would not change the overall range of 6.11.2 Environmental Effects with a more natural aesthetic, while the water surface elevations currently Operation under the proposed rule majority of the shoreline of the lower approved for project operations. curve would increase water elevations section of Grand Lake is primarily However, regardless of the current at Grand Lake by one to two feet from highly developed. boundary or range of operations, the August 15 to October 31 each year over About 50 percent of land within the socio-economic impacts identified by the remainder of the current license project boundary comprises deciduous the Tribes at the consultation meeting period. These higher elevations would forest, followed by cropland and pasture and in their filings are an important greatly improve public and private lands comprising about 35 percent of consideration in the Commission’s access at numerous boat ramps and the project lands. Residential, comprehensive review of the project. docks around Grand Lake, and increase commercial, and other development We believe the upcoming relicensing the total water surface area available for accounts for about 11 percent of total proceeding is the appropriate forum to boating, significantly enhancing land area within the project boundary. review any flood effects cause by recreation opportunities during the The Grand Lake area is popular for current operations and to evaluate any popular late summer/early fall recreation and residential development, new information that shows there are recreation season.38 Higher reservoir particularly summer homes. GRDA Tribal lands held in trust within the elevations would also likely decrease manages the reservoir’s shorelines via a project boundary. boating hazards in Grand Lake. Based permitting system and operates a lake on the information provided by GRDA, patrol to monitor and inspect permitted 6.11 Recreation shoreline uses and enforce its boating 6.11.1 Affected Environment 36 GRDA’s aerial boat counts on Labor Day regulations (FERC, 2009). Grand Lake is a major recreation weekend counted nearly 2,000 boats during Labor 6.12.2 Environmental Effects Day weekend 2015 compared with fewer than 500 resource in northeastern Oklahoma, boats during Labor Day weekend 2014. Operation under the proposed rule providing over a million recreation user 37 In 2013 and 2014 combined, 75 percent (i.e., 24 curve would allow GRDA to maintain days during 2014. Boating, fishing, and of 32 reported incidents) of all reported boat higher reservoir elevations from August waterfowl hunting are popular groundings throughout the year occurred during the August 16 to October 31 timeframe. In 2015, 29 15 to October 31, which would increase recreation activities conducted on the percent (i.e., 2 of 7 reported incidents) of all the amount of project lands under water lake. Recreational access to Grand Lake reported boat groundings throughout the year by up to approximately 2,000 acres is provided through public, commercial, occurred during the August 16 to October 31 timeframe. during this timeframe compared to and private facilities such as boat 39 38 In its December 23, 1985 license application for current project operations. As noted ramps, marinas, and boat docks. Grand the Pensacola Project, GRDA estimated that each Lake has 5 state parks and additional foot of water surface elevation would 39 In its December 23, 1985 license application for approximately 14 municipal parks, result in an additional 1,000 acres of surface area. the Pensacola Project, GRDA estimated that each

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above under Recreation, the higher erosion rates and could promote the upcoming relicensing proceeding. water levels would increase the amount revegetation of some shallow shoreline That proceeding is the appropriate of area available for boating in the areas that could further reduce erosion forum to identify and address issues reservoir and improve public and over time. This change would not result that are separate from GRDA’s private access to numerous boat ramps in any material adverse impacts to water amendment application. and docks located at the project, which quality. In hot dry years, higher water Cultural and historic resource would result in moderate benefits to levels in late summer and early fall protection. We found in our analysis these land uses adjacent to the project. would make more water available for that the proposed permanent rule curve In addition, the higher water levels releases to maintain downstream DO change would occur within the project’s under the proposed rule curve would and avoid fish kills. During any periods existing fluctuation limits and therefore, likely improve the scenic quality of the of declared severe to exceptional would be unlikely to affect any new areas of reservoir shoreline that would drought, GRDA’s proposed Drought Plan lands. No land-clearing or land- have otherwise been dewatered and would provide additional protection for disturbing activities would be required devoid of vegetation during this downstream water quality. A reduction for this amendment. In addition, less timeframe. Such beneficial effects on in water level fluctuations in Grand fluctuating water levels should reduce aesthetics of the project would be Lake should have positive effects on the chances of erosion affecting cultural minor. fisheries and other aquatic resources by or historic resources in near-shore areas. 7.0 Conclusions and providing more stable shallow-water Cultural and historic properties located Recommendations habitat and cover, especially for juvenile on or near the shoreline would fishes, and through increased plant potentially be inundated for a longer 7.1 Comprehensive Development and growth and establishment in wetland period during the amendment, Staff-Recommended Measures areas, including emergent and providing more cover and helping to Sections 4(e) and 10(a)(1) of the FPA submerged vegetation. Fish occupying prevent exposure. If anything, keeping require the Commission to give equal the project tailwater and river water levels higher during the late consideration to all uses of the downstream would likely benefit from summer and early fall period, when waterway on which a project is located. water quality improvements in hot, dry more people are present, would reduce Therefore, when we review a years and during any declared severe to the potential for artifact collection or hydropower application, we consider exceptional drought as discussed above. looting. GRDA’s agreement to prepare power and non-power development, to Higher elevations at Grand Lake in specific plans in consultation with the late summer and early fall would include the protection of, mitigation of Oklahoma SHPO and Oklahoma AS if provide a significant benefit to damage to, and enhancement of fish and either agency determines that historic recreation by increasing the water wildlife; the protection of recreational properties might be affected would surface area available for boating, opportunities; and other aspects of further protect cultural and historic improving access at public and private environmental quality. In deciding resources. whether, and under what conditions, to launching facilities, and likely approve hydropower applications, we decreasing shallow-water boating 7.1.1 Staff-Recommended Measures hazards. Higher seasonal water must determine that the project would Along with its proposed changes to elevations would likely provide minor be best adapted to a comprehensive plan the rule curve, GRDA proposes a Storm for improving or developing the aesthetic improvements in some areas that were dewatered and devoid of Plan that would provide for assessment waterway. This section summarizes our of risks of upstream and downstream findings in this EA and reviews our vegetation in the past. While we have not identified any flooding during high precipitation recommendations for conditions to be events and a process to proactively and included in any approval of the definitive significant short-term or long- term negative effects to resources that collaboratively manage these events. A proposed permanent amendment. Storm Plan was in place during the 2015 Based on our independent review of would likely occur with operation under the proposed rule curve, and 2016 temporary variance periods, the licensee’s proposed amendment, and was successful in aiding agency and public comments filed on commenters have expressed concern regarding flooding effects and affects to communication related to high the licensee’s proposal, and our review precipitation events within the basin of environmental effects, we believe cultural and historic resources. Flood-related issues. As discussed and managing project facilities during approval of GRDA’s proposal, with those events. Under the current Oklahoma DEQ’s mandatory WQC earlier, most flood-related issues raised by commenters in this proceeding were proposal, the Storm Plan would be in conditions, is the preferred alternative. effect each year for the remainder of the We recommend this alternative because, reviewed during the Commission’s processing of GRDA’s temporary license period. We recommend that any based on the information reviewed and approval of GRDA’s proposed analysis performed in this EA, it would variance requests in 2015 and 2016 amendment incorporate the Storm Plan. provide several significant benefits with which involved the same changes in few measurable negative impacts. reservoir elevations. Staff’s findings on GRDA also proposes a Drought Plan Operation of the Pensacola Project the flood-related issues were presented that would help protect downstream using the proposed rule curve would in the temporary variance orders. In the water quality and fisheries, as well as allow more water to be stored in Grand Water Quantity section above, staff generation at its downstream Markham Lake, with less fluctuation in water summarizes those findings that would Ferry Project and Salina Pumped levels, from August 15 through October allow the same rule curve change each Storage Project if a severe to exceptional 31 each year for the remainder of the year for the remaining term of the drought is declared and reservoir current license term. Operation under license. To the extent commenters elevations fall below the rule curve. The the proposed rule curve would likely address flooding concerns that are not Drought Plan would be in effect each result in minor reductions in shoreline related to the pending amendment, the year for the remainder of the license Commission will perform a period. We recommend that any additional foot of water surface elevation would comprehensive review of the project approval of GRDA’s proposal result in an additional 1,000 acres of surface area. and any proposed future operation in incorporate the Drought Plan.

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We recommend that any approval of Publication Number 139. Oklahoma habitable structures on Grand Lake. Filed GRDA’s proposal incorporate the annual City, Oklahoma. February 1997. December 23, 2008; as cited in FERC reporting requirement that is a Oklahoma Water Resources Board. 2002. 2009. condition of Oklahoma DEQ’s June 30, Oklahoma’s water quality standards Oklahoma WRB (Oklahoma Water Resources 2016 401 certification. The requirement and implementation of Oklahoma’s Board). 2012. Grand Watershed Planning should mirror paragraph (E) of the water quality standards. Oklahoma Report. Versions 1.1. OWRB, Oklahoma Commission’s August 12, 2016 order Administrative Code, Title 785, City. https://www.owrb.ok.gov/supply/ approving the temporary rule curve Chapters 45 and 46 effective July 1, ocwp/pdf_ocwp/WaterPlanUpdate/ _ _ _ variance for 2016, which required 2002. Oklahoma City, Oklahoma. regionalreports/OCWP Grand Region GRDA to notify Oklahoma DEQ, at the Oklahoma Tourism & Recreation Report.pdf. Accessed December 20, 2016. same time it notifies other agencies Department. 2001 Statewide Oklahoma WRB. 2009. Hydrographic Survey pursuant to DO mitigation plans Comprehensive Outdoor Recreation of Grand Lake: Final Report. Dated approved under Article 403, of any Plan (SCORP): The public recreation August 19, 2009. Available at: https:// www.owrb.ok.gov/studies/reports/ significant DO deficiencies or DO estate. Oklahoma City, Oklahoma. _ mitigation, so that Oklahoma DEQ can reports pdf/GrandLake— United States track GRDA’s progress in maintaining hydrographicsurvey.pdf. Accessed state water quality standards. In U.S. Fish and Wildlife Service. 1989. November 28, 2016. U.S. Department of the Interior, Bureau of addition to Oklahoma DEQ’s ongoing Fisheries USA: The recreational Reclamation. 1988. Assistant annual reporting requirement, fisheries policy of the U.S. Fish and Commissioner, Engineering and Oklahoma DEQ also included three Wildlife Service. Washington, DC. Research Technical Memorandum No. 11 other mandatory WQC conditions: (1) 8.0 Finding of No Significant Impact (ACER 11), Downstream Hazard that the certification does not authorize Classification Guidelines. December Based on information, analysis, and any discharge or dredging; (2) that the 1988. reservoir be maintained between evaluations contained in this EA, we USGS (United States Geological Survey). elevations 742 and 744 feet as requested find that approval of the proposed rule 2016. Data collected at USGS gage by GRDA; and (3) that emergency and curve amendment, to include the 07190500 Neosho River Near Langley, routine maintenance will be as mandatory conditions stipulated by OK. Available at: http:// permitted by the Corps. We have no Oklahoma DEQ in its 401 certification, nwis.waterdata.usgs.gov/ok/nwis/ objections to these conditions being would not constitute a major federal uv?site_no=07190500. Accessed added to the license in any order action significantly affecting the quality November 28, 2016. approving the proposed amendment. of the human environment. USGS. 2016. Figure available at: http:// _ 9.0 Literature Cited goto.arcgisonline.com/maps/World 7.2 Consistency With Comprehensive _ Plans Topo Map. Accessed November 25, FERC (Federal Energy Regulatory 2016. Section 10(a)(2) of the FPA, 16 U.S.C. Commission). 2009. Environmental Environmental Systems Research Institute: 803(a)(2)(A), requires the Commission to Assessment for shoreline management Geographic Information Systems (ESRI– plan for the Pensacola Project, issued GIS). 2016. National Hydrography consider the extent to which a project is August 14, 2009. Federal Energy Dataset. Available at: http:// consistent with federal or state Regulatory Commission, Washington, nhd.usgs.gov/. Accessed November 25, comprehensive plans for improving, DC. developing, or conserving a waterway or FERC. 2007. Final Environmental 2016. waterways affected by the project. We Assessment for application for non- 10.0 List of Preparers reviewed 6 qualifying comprehensive project use of project lands and waters plans that are applicable to the (commercial marina) at the Pensacola Mark Carter—Recreation, Land Use and proposed action at the Pensacola Project Project, issued October 18, 2007. Federal Aesthetics (Environmental Biologist; B.S. No. 1494, located in Oklahoma. The Energy Regulatory Commission, Fisheries Science; M.S. Natural Resources proposed action is consistent with all of Washington, DC. and Environmental Sciences) FERC. 1996. Environmental Assessment for the reviewed comprehensive plans. Jeremy Jessup, PE—Water Quantity and application for amendment of license to Flows (Civil Engineer; B.S. and M.S. Civil Oklahoma modify rule curve, issued December 3, and Infrastructure Engineering) 1996. Federal Energy Regulatory Rebecca Martin—Terrestrial Resources, Department of the Army, Corps of Commission, Washington, DC. Wetlands, and Endangered Species Engineers. Little Rock District and FERC. 1991. Environmental Assessment for (Environmental Biologist; B.S. licensing of Pensacola Project, issued Tulsa District. 1991. Arkansas River Environmental Earth Science; M.S. Basin, Arkansas and Oklahoma, November 19, 1991. Federal Energy Regulatory Commission, Washington, Biology) feasibility report. Little Rock, Kurt Powers—Cultural and Historic Arkansas, and Tulsa, Oklahoma. May DC. GRDA (Grand River Dam Authority). 2016. Resources (Wildlife Biologist; B.A. 1991. Application for non-capacity amendment Environmental Science and Foreign Oklahoma Department of Wildlife of license, including possible temporary Affairs; M.S. Environmental Science and Conservation. U.S. Fish and Wildlife variance for 2016 for the Pensacola Engineering) Service. 1989. Eastern Oklahoma Project. Dated and filed May 6, 2016. James Puglisi, PE—Water Quantity and Flows wetlands plan: Lower Mississippi GRDA (Grand River Dam Authority). 2015. (Senior Civil Engineer; B.S. and M.S. Civil Valley joint venture—North American Recreation plan monitoring report for the Engineering) waterfowl management plan. Pensacola Project. Dated and filed April B. Peter Yarrington–Water Quantity and Oklahoma City, Oklahoma. August 1, 2015. Quality, Fisheries and Aquatic Resources 1989. GRDA. 2008a. Application for shoreline (Fisheries Biologist; B.S. Aquatic Ecology, management plan for the Pensacola M.S. Fisheries Science and Taxonomy) Oklahoma Water Resources Board. 1997. Project. Filed July 21, 2008; as cited in Update of the Oklahoma FERC 2009. [FR Doc. 2017–00566 Filed 1–11–17; 8:45 am] comprehensive water plan. GRDA. 2008b. Environmental assessment of BILLING CODE 6717–01–P

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