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United States of America Federal Energy UNITED STATES OF AMERICA FEDERAL ENERGY REGULATORY COMMISSION Alabama Power Company Project No. 2 165-029 NOTICE OF AVAILABILITY OF ENVIRONMENTAL ASSESSMENT (March 1.2011) In accordance with the National Environmental Policy Act of 1969 and the Federal Energy Regulatory Commission’s regulations, 18 C.F.R. Part 380, the Office of Energy Projects has reviewed an application filed by Alabama Power Company on June 5, 2009. requesting Commission approval to permit Mr. Lynn Layton (permittee) to construct and operate three covered 10-slip boat docks and a concrete patio at Cushman’s Marina, located on the Lewis Smith Development of the Warrior River Project (FERC No. 2165). The Lewis Smith Development is located on the headwaters of the Black Warrior River on the Sipsey Fork in Cullman, Walker, and Winston Counties, Alabama, and occupies 2,691.44 acres of federal lands administered by the U.S. Forest Service. An environmental assessment lEA) has been prepared as a part of Commission staff’s review. The EA evaluates the environmental impacts that would result from approving the licensee’s proposal and alternatives, and finds that approval of the application would not constitute a major federal action significantly affecting the quality of the human environment. A copy of the EA is on file with the Commission and is available for public inspection. The EA may also be viewed on the Commission’s website at yyy,.f.çrçoy using the “eLibrary” link. Enter the docket number (P-2165) excluding the last three digits in the docket number field to access the document. For assistance, contact FERC Online Support at FERCOnhineSupport(à),ferc.gov or toll-free at 1-866-208-3676, or for TTY, (202) 502-8659. Any comments should be filed by March 31, 2011. Comments may be filed electronically via internet in lieu of paper. The Commission strongly encourages electronic filings. See 18 CFR 385.2001(a)(I)(iii) and the instructions on the Commission’s website under the “eFiling” link. To paper-file, comments should be addressed to Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 888 First Street. N.E., Room 1-A, Washington, D.C. 20426. Please reference the project name and project number (P-2l65) on all comments. For further information, contact Mark Carter at (678) 245-3083. Kimberly D. Bose. Secretary. ENVIRONMENTAL ASSESSMENT Non-Project Use of Project Lands and Waters Warrior River Hydroelectric Project FERC Project No. 2 165-029 Alabama Federal Energy Regulatory Commission Office of Energy Projects Division of Hydropower Administration and Compliance 888 First Street, N.E. Washington, D.C. 20426 March 2011 7.0 PREPARERS Federal Energy Regulatory Commission Office of Energy Projects Federacgycgiilov Commission Division of Hydropower Administration and Compliance Mark Carter, Environmental Biologist, Project Coordinator Warrior River Hydroelectric Project B. Peter Yarrington, Fisheries Biologist FERC Project No. 2 165-029 — Alabama 1.0 INTRODUCTION 1.1 Application Application Type: Non-Project Use of Project Lands and Waters Applicant: Alabama Power Company Water Body: Lewis Smith Lake, located on the Sipsey Fork, a tributary of the Black Warrior River Nearest Town: Trade County and State: Cullman County, Alabama 1.2 Purpose and Need for Action On June 5, 2009, and supplemented on August 6, 2009, August 19, 2009, and June 23, 2010, Alabama Power Company (licensee) filed an application to permit Mr. Lynn Layton (permittee) to construct and operate three covered, 10-slip boat docks and a concrete patio at Cushman’s Marina, located on the Lewis Smith Development of the Warrior River Project (FERC No. 2165). The Lewis Smith Development impounds Lewis Smith Lake (Smith Lake), one of the project’s reservoirs. Article 422 of the project license delegates to the licensee the authority to grant permission for certain types of non-project use and occupancy of project lands and waters without prior Commission approval.2 However, the proposed marina would accommodate 30 watercraft, which exceeds the scope of license article 422. Therefore, The proposed facilities would occupy the same location as two covered, 12-slip boat docks that once occupied the site. The old facilities were installed in the early 1970s, predating the licensee’s shoreline permit program, and have recently fallen into disrepair. The licensee states that use of the two docks ended in 2008, and both docks were removed by October 2009. 2 The original license (18 F.P.C. 327, issued September 12, 1957), included Article 43, which was similar to Article 422 of the current license (See Alabama Power Co., 130 FERC ¶ 62,271, issued March 31, 2010). The licensee’s application was filed pursuant to the previous license, but because the Commission subsequently issued a new license for the project, the licensee’s application will be considered under its new license. -32- -1- the permittee’s proposal can only be granted if the Commission approves the licensee’s 6.0 LITETURE CITED application. Alabama Department of Environmental Management (DEM). 2OlOa. 2010 Integrated Commission staff has conducted an environmental review of the proposal to Water Quality Monitoring and Assessment Report: Water Quality in Alabama determine whether and under what conditions the licensee’s application should be 2008-2009. approved. This environmental assessment (EA), which addresses all relevant issues raised in this proceeding, is being prepared to satis’ responsibilities under the National Alabama Department of Environmental Management (DEM). 2010b. 2010 303(d) List Environmental Policy Act of 1969 (NEPA), and will be used to support the for Alabama (pending EPA approval). Commission’s decision on the licensee’s application. In this EA, Commission staff p//adem.alabama.gov/programs/water/303d.cnt Accessed January 25, 2011. examines the environmental effects associated with the licensee’s proposal (Proposed Action), a staff-identified alternative (Staff Alternative) and the existing conditions (No- Alabama Department of Environmental Management (DEM). 2011. ADEM Water 1 33-6 ADMAdmin Action Alternalive). Division - Water Quality Prograui. uiuui , - Coder. 335-6. Revised effective: January 18, 2011. 2.0 PROPOSED ACTION AND ALTERNATIVES Alabama Power Company (APC). 2005. Application for New License, Major Project 2.1 Proposed Action Existing Dam: Warrior River Project. Volume 4. July 27, 2005. The proposed boat dock facilities at Cushmim’s Marina would be located along the APC. 2009a. Application for Non-Project Use of Project Lands and Waters. Dated and western shore of Pidgeon Roost Creek, which is located off the Ryan’s Creek arm of filed June 5, 2009. Smith Lake, approximately 0.5 miles mile north of where County Road No. 222 crosses that arm of the lake (Figure 1). The proposed facilities would be accessible from County APC. 2009b. Response to Commission staff’s July 2, 2009 additional information Road No. 330. request. Dated (and filed ?) August 6, 2009. Under the Proposed Action, the permittee would install three covered, 10-slip boat A.PC. 2010. Response to Commission staff’s May 24, 2010 additional information docks at the site,3 demolish an existing cement-block boathouse and construct an open request. Dated and filed June 23, 2010. patio in its place, and expand the existing concrete driveway and patio within the project boundary. An existing boat ramp provides access from the boathouse to the water, but Federal Energy Regulatory Commission (FERC). 2009. Final Environmental neither the licensee nor the permittee specifies a plan for the boat ramp. Thus, we assume Assessment for Hydropower License. March 2, 2009. that the existing boat ramp will stay in place but will not be used to launch or retrieve boats. Natural Resources Conservation Service (NRCS). U.S. Department of Agriculture (USDA). 2006. Web Soil Survey 2.1. Accessed via: Each proposed dock would consist of: (1) a 50-foot-long ramp; (2) an equalizing p//websoilsurvey.nrcs.usda.gov/app/WebSoilSurvey.asPx. March 2010. platform; (3) a 78-foot-long central walkway and; and (4) ten 12-foot-wide by 28-foot- long slips (Figure 2). The docks would be constructed off-site and floated to the NRCS. USDA. Official Soil Series Descriptions. 2009. Accessed via: installation area by barge. Each dock would be connected to the existing concrete pj/soils.usda.gov/technicalJclassificationIosd/index.html. March 2010. footings on the shoreline via a hinged walkway, and by two lines running to heavy pins driven into the bank. Each dock would also be anchored to the lake bottom with lines U.S. Environmental Protection Agency (EPA). 2001. Level III and IV Ecoregions of running to cement anchors. The bank lines and anchor lines would be adjusted using Alabama. Accessed via: http://www.epa.gov/wedJpaes/ecoregions.htm. March winches mounted on the docks to keep the docks in position. 2010. Yokley Environmental Consulting Service. 2009. Environmental assessment for habitat Commission staff would expect these three boat docks to accommodate a and the possible presence of flattened musk turtle. April 26, 2009 maximum of 30 watercraft at a time, one watercraft per slip. -2- -31- Such changes would ordinarily be regulated by local zoning ordinances, but Commission staff could not identify any zoning ordinances that exist in Culiman County. 5.0 CONCLUSIONS AND RECOMMENDATIONS We have examined the environmental effects of the Proposed Action, Staff Alternative, and the No-Action Alternative. Neither the Proposed Action, Staff Alternative, nor the No-Action Alternative
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