Revised Study Plan Penacook Lower Falls Penacook Upper Falls Rolfe Canal Hydroelectric Project Hydroelectric Project Hydroelectric Project Project No

Revised Study Plan Penacook Lower Falls Penacook Upper Falls Rolfe Canal Hydroelectric Project Hydroelectric Project Hydroelectric Project Project No. 3342 Project No. 6689 Project No. 3240

Prepared For Briar Hydro Associates c/o Essex Hydro Associates, LLC 55 Union Street, 4th Floor Boston, MA 02108

Prepared By Normandeau Associates, Inc. 30 International Drive, Suite 6 Portsmouth, NH 03801 www.normandeau.com

March 2021

Upper and Lower Penacook Falls and Rolfe Canal Revised Study Plan

Table of Contents Table of Contents ...... 1 List of Tables ...... 2 List of Figures ...... 2 1 Introduction ...... 5 2 Incremental Instream Flow Methodology and Habitat Assessment in Bypass Reaches ...... 8 3 American Eel Downstream Passage ...... 16 4 American Eel Upstream Passage ...... 29 5 Adult Alosine Downstream Passage ...... 35 6 Upstream and Downstream Fish Passage Feasibility ...... 47 7 Downstream Fish Passage Survival ...... 51 8 Water Quality Assessment ...... 55 9 Freshwater Mussel Survey ...... 61 10 Process Plan and Schedule ...... 66 11 Appendices ...... 67 Appendix A. Resource Agency Study Request Letters...... 67 Appendix B. Resource Agency Comments on the Preliminary Study Plan ...... 143

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List of Tables Table 1–1. Resource agency study requests and Briar Hydro’s determination ...... 7

Table 8–1. Recent water quality data collection efforts for the Rolfe Canal, Penacook Upper Falls and Penacook Lower Falls Hydroelectric Projects ...... 60

Table 9–1. Proposed freshwater mussel search locations for Rolfe Canal, PUF and PLF Project areas ...... 63

List of Figures Figure 2-1. Overview of Rolfe Canal (York Dam) bypass reach and river habitat. Historic canal channel also shown...... 13

Figure 2-2. Example of bedrock habitat immediately below York Dam...... 14

Figure 2-3. Historic Channel bypass reach...... 14

Figure 2-4. PUF bypass reach...... 15

Figure 2-5. PLF bypass reach...... 15

Figure 3-1. Proposed radio-telemetry stations for evaluation of downstream adult eel passage at the Rolfe Canal Hydroelectric Project...... 25

Figure 3-2. Proposed radio-telemetry stations for evaluation of downstream adult eel passage at the Upper Penacook Falls Hydroelectric Project...... 26

Figure 3-3. Proposed radio-telemetry stations for evaluation of downstream adult eel passage at the Lower Penacook Falls Hydroelectric Project...... 27

Figure 3-4. Restraint device for holding and positioning adult American eels during radio-tagging...... 28

Figure 4-1. Proposed survey areas of juvenile American eels downstream of the Lower Penacook Falls Hydroelectric Project...... 33

Figure 4-2. Proposed survey areas of juvenile American eels downstream of the Rolfe Canal Hydroelectric Project...... 34

Figure 5-1. Proposed radio-telemetry stations for evaluation of downstream adult river herring passage at the Rolfe Canal Hydroelectric Project...... 44

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Figure 5-2. Proposed radio-telemetry stations for evaluation of downstream adult river herring passage at the Upper Penacook Falls Hydroelectric Project...... 45

Figure 5-3. Proposed radio-telemetry stations for evaluation of downstream adult river herring passage at the Lower Penacook Falls Hydroelectric Project...... 46

Figure 9-1. Proposed freshwater mussel survey locations for the Rolfe Canal, Penacook Upper and Penacook Lower Falls...... 65

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Acronyms and Abbreviations

ADCP Acoustic Doppler Current Profiler AWS Area Weighted Suitability Briar Hydro Briar Hydro Associates, LLC CFS Cubic Feet per Second Commission Federal Energy Regulatory Commission DO Dissolved Oxygen Essex Hydro Essex Hydro Associates, LLC FERC Federal Energy Regulatory Commission HSC Habitat Suitability Criteria IFS Instream Flow Study Licensee Briar Hydro Associates, LLC LIHI Low Impact Hydroelectric Institute NHDES New Hampshire Department of Environmental Services NHFGD New Hampshire Fish and Game Department NMFS National Marine Fisheries Service NOI Notice of Intent PAD Preliminary Application Document PLF Penacook Lower Falls Projects Collective - Rolfe Canal, Penacook Upper Falls, Penacook Lower Falls PSP Preliminary Study Plan PUF Penacook Upper Falls ROR Run-of-river RSP Revised Study Plan SAP Sampling and Analysis Plan SEFA System for Environmental Flow Analysis TLP Traditional Licensing Process USFWS U.S. Fish and Wildlife Service WUA Weighted Usable Area

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1 Introduction Briar Hydro Associates (Briar Hydro or Licensee) is in the process of relicensing the Rolfe Canal (FERC No. 3240), Penacook Upper Falls (PUF; FERC No. 6689), and Penacook Lower Falls (PLF; FERC No. 3342) Hydroelectric Projects (Project; collectively, Projects) with the Federal Energy Regulatory Commission (FERC or Commission). The Projects are located on the Contoocook River in Boscawen and Concord, New Hampshire. PLF sits at river mile 0 of the Contoocook River, above the confluence with the Merrimack River. The Upper Penacook and Rolfe Canal Projects are located upstream at river miles 1.0 and 2.0, respectively.

1.1 Relicensing Overview The Licensee filed with FERC a Notice of Intent (NOI), Preliminary Application Document (PAD), and request to utilize the Traditional Licensing Process (TLP) to relicense the Rolfe Canal, PUF and PLF Projects on November 29, 2019. The Commission approved the Licensee’s request to use the TLP on February 6, 2020, and required Briar Hydro to hold an initial joint agency/public meeting between March 9, 2020 and April 6, 2020. Due to complications related to the ongoing COVID-19 pandemic, the joint agency meeting was conducted in a virtual setting on June 18, 2020 with representatives from the U.S. Fish and Wildlife Service (USFWS), National Marine Fisheries Service (NMFS), New Hampshire Fish and Game Department (NHFGD) and the New Hampshire Department of Environmental Services (NHDES). Site tours of the three Projects were conducted on July 28, 2020.

In light of the COVID-19 delays, the Licensee issued a revised process plan and schedule on April 6, 2020. In their April 16, 2020 letter, the Commission established September 29, 2020 as the deadline for written agency comments and study requests. Written study requests were filed by NHFGD (September 28, 2020), USFWS (September 29, 2020), NHDES (September 29, 2020) and NMFS (September 30, 2020). Copies of all comment and study request letters filed with the Commission are provided in Appendix A of this document.

1.2 Proposed Study Plan Briar Hydro prepared a Preliminary Study Plan (PSP) to address the study requests submitted by agencies and interested parties. The PSP also provided FERC, regulatory agencies, and other stakeholders with a draft plan and descriptions of the studies proposed by the Licensee. The intent of the PSP was that the goals, methodology, scope, and schedule would be refined in consultation with interested stakeholders, as necessary. Briar Hydro distributed a copy of the PSP to representatives from NMFS, USFWS, NHFGD, and NHDES on December 14, 2020. Following a request for an extension of time to comment from January 31, 2021 to February 11, 2021 each of the four state and federal resource agencies provided comment on the PSP. Comments received on the PSP are provided in Appendix B of this document.

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1.3 Proposed Study Plan Meeting and Comments Following receipt of resource agency comments on the PSP, Briar Hydro conducted a joint- agency study plan meeting to review and finalize study objectives on March 3, 2021.

1.4 Revised Study Plan Following receipt and consultation related to comments on the PSP, Briar Hydro has prepared this Revised Study Plan (RSP) which incorporates resource agency comments to the extent practicable. Briar Hydro reviewed the original request as well as considered subsequent consultation related to each of the eight studies requested by the stakeholders. Based on Briar Hydro’s review of the requested studies and consideration of available information Briar Hydro is proposing the studies summarized in Table 1-1 be performed in support of issuing a new license for the Project. Individual plans for each study are included in as Sections 3 through 9 of this RSP and will include the following:

• The stakeholders requesting the study; • A summary of resource management goals identified by the agencies; • The goals and objectives of the study; • The study area; • A summary of existing information pertaining to the study; • The nexus between project operations and effects on the resources to be studied; • Technical description of proposed methodology; • Schedule for conducting the study and submitting reports; and • The estimated level and cost.

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Table 1–1. Resource agency study requests and Briar Hydro’s determination Agency(s) Requesting Study Licensee Determination Study Request Aquatic Habitat

Incremental Instream Flow Methodology and Habitat USFWS, NHFGD Adopted with modification Assessment in Bypass Reaches

Fisheries

American Eel Downstream Passage USFWS, NMFS, NHFGD Adopted as requested

American Eel Upstream Passage USFWS, NHFGD Adopted with modification

Adult Alosine Downstream USFWS, NMFS, NHFGD Adopted as requested Passage

Upstream and Downstream Fish USFWS, NMFS, NHFGD Adopted as requested Passage Feasibility

Downstream Fish Passage Survival USFWS, NMFS, NHFGD Adopted as requested

Water Quality

Water Quality Assessment NHDES Adopted as requested

Mussels

Freshwater Mussel Survey USFWS, NHFGD Adopted as requested

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2 Incremental Instream Flow Methodology and Habitat Assessment in Bypass Reaches

2.1 Study Requests The U.S. Fish and Wildlife Service (USFWS) and the New Hampshire Fish and Game Department (NHFGD) requested Briar Hydro conduct an instream flow study (IFS) to assess effects of flow releases on Project bypass reaches.

2.2 Resource Management Goals In their study requests, federal and state resource agencies described various jurisdictional resource management goals for this study, as summarized here:

USFWS • General goals include (1) ensure that protection, mitigation, and enhancement measures are commensurate with project effects and help meet regional fish and wildlife objectives for the Merrimack River watershed; and (2) conserve, protect, and enhance habitats for fish, wildlife, and plants which continue to be affected by the Projects.

• Specific to aquatic resources, the Service’s goals are (1) protect and enhance aquatic and riparian habitats, and habitat connectivity for plants, animals, food webs, and communities in the watershed; and (2) provide a flow regime downstream of the project dams which supports life history requirements of resident and migratory fish and wildlife (including invertebrates such as freshwater mussels).

NHFGD • General goals include (1) ensure that protection, mitigation, and enhancement measures are commensurate with project effects and help meet regional fish and wildlife objectives for the Merrimack River watershed; and (2) conserve, protect, and enhance habitats for fish, wildlife, and plants which continue to be affected by the Projects.

• Specific to aquatic resources, the Department’s goals are (1) protect and enhance aquatic and riparian habitats, and habitat connectivity for plants, animals, food webs, and communities in the watershed; and (2) provide a flow regime downstream of the project dams which supports life history requirements of resident and migratory fish and wildlife (including invertebrates such as freshwater mussels).

2.3 Goals and Objectives The goal of this study is to determine an appropriate flow regime that will protect and enhance aquatic resources within the Rolfe Canal Project bypass reach. The specific objective of this study is to conduct an instream flow study (IFS) to assess effects of bypass flow releases on the

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wetted area, optimal habitat, and/or passage opportunities for target species in the Project bypass reaches.

2.4 Study Area The Rolfe Canal Project is located at river mile 2.0 of the Contoocook River upstream of its confluence with the Merrimack River. As noted in the preceding section, the primary study area for this IFS includes the mainstem Rolfe Canal bypass reach from York Dam downstream approximately 4,000 feet to its confluence with the Contoocook River. This reach drops approximately 28 feet for an average gradient of 0.7%. Currently, Briar Hydro releases 100 cfs downstream of York Dam (or inflow if less) when not in spill conditions. The upper half of the Rolfe Canal bypass reach is composed of alternating short sections of bedrock ledge and rapids habitat and deeper pool/run habitat (Figure 2-1). The lower half of the bypass is predominantly composed of shallow, cobble/boulder-dominated riffle habitat. Channel widths range from 50 feet to over 150 feet. Both banks are lined with mature deciduous and coniferous riparian trees, with limited shrub vegetation on exposed bedrock ledges (Figure 2-2).

The Rolfe Canal bypasses a short, narrow Historic Channel approximately 1,800 ft in length (Figure 2-1). The upper one-third of this Historic Channel is a deep, backwater pool habitat; the lower two-thirds is a narrow (~10 ft wide) low gradient channel bordered by dense riparian vegetation (Figure 2-3). The PUF bypass is a steep (3%-4%), bedrock-dominated reach 250 ft in length bordered by the powerhouse and outlet canal on the east bank (Figure 2-4). The PLF bypass is a steep (3%-4%), bedrock-dominated reach approximately 680 ft in length bordered by a forested bank on the east and the spillway on the west bank (Figure 2-5).

2.5 Existing Information The Contoocook River flows for 71 miles from Poole Pond in Rindge, New Hampshire north to the state capital in Concord, where it enters the Merrimack River. Encompassing a drainage basin of approximately 760 square miles, the Contoocook River has a total drop of over 700 feet. The three Projects are the lowermost hydroelectric projects on the Contoocook River and located in close proximity to its confluence with the Merrimack River in Concord and Boscawen, Merrimack County, New Hampshire.

The Contoocook River provides both cold and warm water habitats for several species, including resident, catadromous, and anadromous fish. The New Hampshire Department of Fish and Game often transports upstream migrating river herring from traps on the Merrimack River to locations on the Contoocook River upstream of the Projects. Catadromous American eels are also present within the Contoocook River system and Briar Hydro recently passed 436 juvenile American eel from the base of its Penacook Upper Falls Project dam upstream and below the Rolfe Canal Project and its York Dam. Resident fish found in the vicinity of the Project area include gamefish such as smallmouth bass (Micropterus dolomieui), yellow perch (Perca flavescens), pumpkinseed (Lepomis gibbosus), and walleye (Stizostedium vitrium). Other resident fish species expected to occur in the Project area include chain pickerel (Esox niger), fallfish (Semotilus corporalis), white sucker (Catostomus commersoni), and several members of the bullhead (Ictalurus spp.) and cyprinid families.

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2.6 Project Nexus As indicated in the PAD, the Rolfe Canal Project utilizes the 300-foot-long, 10-foot-high York Dam to divert water into a 7,000-foot-long, 75-foot-wide, and 9-foot-deep power canal and then a roughly 950-foot-long buried penstock. The presence of York Dam and the Rolfe Canal Project’s diversion of water from the Contoocook River results in an approximately 4,000-foot- long bypassed reach. Briar Hydro currently provides a minimum instream flow of 100 cfs, or inflow, whichever is less, to the Rolfe Canal Project’s bypass reach. The results of the IFS will provide information to evaluate the existing flow regime (i.e., 100 cfs) in the Rolfe Canal bypass reach needed to protect and/or enhance aquatic resources.

Habitat mapping surveys will also be conducted in the PUF, PLF, and the Historic Channel bypass reaches. Habitat mapping will provide more detailed information on the aquatic habitat characteristics of each bypass reach.

2.7 Methodology The IFS will develop flow:habitat relationships in the Rolfe Canal bypass reach according to target aquatic species and life-stages using a suite of cross-sectional transects and one- dimensional (1-D) hydraulic modeling. The majority of the bypass reach appears suitable for 1- D analysis. The more complex bedrock areas below York Dam (Figure 2-2) represent a relatively minor proportion of the bypass reach, and likely one or two 1-D transects can be placed in bedrock areas not possessing large variations in water surface elevations. Nine transects will be placed throughout the bypass reach, excluding a section immediately below the dam and any other areas too hazardous to work at high flows. The nine transects will be distributed among pool, run, and riffle habitats in proportion to their occurrence, with a minimum of two transects per habitat type.

Habitat types (pools, runs, and riffles) will be delineated and mapped under low flow conditions by walking upstream and marking habitat unit boundaries with a hand-held GPS. Particular attention will be made to assess if the bedrock-dominated habitats can be adequately represented with 1-D transects or if the complexity will require alternative modeling methodologies. Total lengths of each habitat type will be used to assign weighting factors for each transect. Transect placement is expected to be conducted in collaboration with agency personnel. Likewise, selection of Habitat Suitability Criteria (HSC) for target species and life- stages will be done with agency participation prior to field data collection. The mapping survey will also assess any locations that appear to present difficulty in upstream passage by diadromous species due to shallow depths or excessive velocities. If such areas are identified, depth and velocity measurements will be taken at those locations at one or more flows, depending on the ability of crews to safety collect data.

Hydraulic data collection at each transect will include bottom profiling and substrate/cover coding at low flow. Water surface elevations at each transect and bypass discharge will be recorded at all three flow levels. Flow targets for field measurements will be determined via consultation with participating agencies. Transect velocities will be recorded at the high flow

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level (unless too hazardous), utilizing hand-held current meters in shallow margin areas and an Acoustic Doppler Current Profiler (ADCP) in deep/swift areas.

Habitat mapping will also occur in the PUF, PLF, and Historic Channel bypasses during a single low-flow event (the falls bypasses cannot be safely mapped on foot at moderate or high flows). Mapping data will include total channel widths, wetted widths, distribution of dominant substrate types, and habitat types. A representative discharge measurement will be collected as well as basic water quality parameters (i.e., temperature, dissolved oxygen and percent saturation). Photographs will be taken to document aquatic habitat conditions. These mapping efforts will be used to assess the relative magnitude of suitable or unsuitable habitat in each bypass, and the likelihood that habitat would persist under spill flow events.

2.8 Data Analysis and Reporting The hydraulic depth and velocity data and associated substrate/cover data will be imported into the System for Environmental Flow Analysis (SEFA) to develop the flow:habitat relationship for each species and life-stage. A summary of the IFS and associated data results will include estimates of Area Weighted Suitability (AWS), otherwise known as Weighted Usable Area (WUA), at each modeled flow level for each species and life-stage, along with graphical and tabular depictions of transect profiles, stage:discharge relationships, planview maps of habitat suitability indices and transect locations, digital photographs of each transect at each flow level, and QA/QC results for hydraulic parameters.

2.9 Schedule This study will be conducted in 2021. A report summarizing the study findings will be prepared and provided to the resource agencies in advance of the 2022 field season (in the event any second year evaluations are required).

The preferred order of events for an IFS would involve habitat mapping and transect selection at a relatively low flow level, followed by (in the Rolfe bypass) hydraulic data collection at the high flow target, data collection at the middle flow target, and lastly data collection at low flow. This order of events allows optimal assessment of habitat availability, transect placement, and data collection with minimal risk of changes in bottom profiles during the flow study. Habitat mapping in the PUF, PLF, and Historic Channel bypass reaches will occur at a single low flow.

2.10 Level of Effort and Cost One day would be required to develop a list of candidate target species and their respective HSC, followed by one or more meetings to discuss study details and transect selection procedures and select final HSC. Establishing 9 transects in the Rolf bypass reach and collecting hydraulic data at each transect would be expected to require approximately one day for habitat mapping, one day for transect selection, and two days each for low flow, middle flow, and high flow data collection. Data analysis and report preparation would follow. The Incremental Instream Flow Methodology and Habitat Assessment Study in the Rolfe Canal bypass reach is estimated to cost approximately $65,000 to complete. The habitat mapping effort in the other three bypass reaches is estimated to cost approximately $7,500 to complete.

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2.11 Deviations from Requested Study Instream flow study requests provided by the USFWS and NHFGD requested an assessment of flows within the bypass reaches for the Rolfe Canal (York Dam and the historic canal channel), PUF, and PLF. The PUF and PLF bypass reaches are short (250-680 ft), high gradient (3-4%), bedrock reaches lacking in diverse substrate or refuge habitat. Under high flows, the bedrock reaches appear to possess very little persistent habitat for aquatic species, i.e., fish rearing in the bedrock habitat would be washed downstream during spill flows. Sampling in these reaches would be hazardous to personnel at all but the lowest flows. Consequently, conducting a comprehensive, incremental IFS in the PUF and PLF bypass reaches was not adopted. Instead, a one-flow survey will be conducted to map pertinent features of the two bedrock bypasses. In similar manner, the small historic canal channel associated with Rolfe Canal appears to possess limited habitat for fish or invertebrates, particularly in comparison to the larger bypass reach downstream of York Dam. In lieu of an incremental flow study, the Historic Channel will be mapped for basic habitat features during a single low flow survey.

The IFS request also recommended consideration of a two-dimensional (2-D) model for complex habitat areas. As described above, this study plan does not propose to conduct a flow study in the complex bedrock areas within the bypass reaches of PUF and PLF, and the amount of complex bedrock habitat in the Rolfe Canal (York Dam) bypass reach is minor in comparison to the non-bedrock areas that are suitable for 1-D analysis. However, an on-site assessment of the complexity of bedrock areas within the Rolfe Canal bypass and its suitability for modeling using 1-D techniques, or alternative modeling methods, will be conducted. Results of this methods assessment will be communicated to the relicensing participants.

Finally, the Rolfe Canal bypass reach does not appear to contain any barriers to upstream migration, with the possible exception of high velocity barriers at very high flow, e.g., there are no known vertical drops that are expected to present passage constraints. However, during habitat mapping any potential barriers to upstream migration will be identified and, to the extent possible, depths and velocities will be assessed at one or more flows to determine if upstream passage is likely to be constrained in the bypass. Depending on on-site conditions, it may be possible to place one of the 1-D transects in a location that is deemed to present some difficulty in passage due to shallow depths or high water velocities, to assess what flow levels might be expected to inhibit upstream passage. The selection of species-specific passage criteria would be required for that type of analysis.

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Figure 2-1. Overview of Rolfe Canal (York Dam) bypass reach and river habitat. Historic canal channel also shown.

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Figure 2-2. Example of bedrock habitat immediately below York Dam.

Figure 2-3. Historic Channel bypass reach.

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Figure 2-4. PUF bypass reach.

Figure 2-5. PLF bypass reach.

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3 American Eel Downstream Passage

3.1 Study Requests The U.S. Fish and Wildlife Service (USFWS), National Marine Fisheries Service (NMFS) and the New Hampshire Fish and Game Department (NHFGD) requested Briar Hydro conduct a study to evaluate the impact of the Rolfe Canal, Upper Penacook Falls (PUF) and Lower Penacook Falls (PLF) Projects on the emigration of silver-phase American eels in the Contoocook River.

3.2 Resource Management Goals In their study requests, federal and state resource agencies described various jurisdictional resource management goals for this study, as summarized here:

USFWS • The Service’s goal is to restore American eel to historical habitats and ensure safe migratory pathways to build abundance and resilience in the population. Specifically to protect and enhance American eel abundance in all watersheds where eel now occur and, where practical, restore American eel to those waters where they had historical abundance, but may now be absent, by providing access to inland waters for glass eel, elvers, and yellow eel, and adequate escapement to the ocean for pre- spawning adult eel.

• General goals include (1) ensure that protection, mitigation, and enhancement measures are commensurate with project effects and help meet regional fish and wildlife objectives for the Merrimack River watershed; and (2) conserve, protect, and enhance habitats for fish, wildlife, and plants which continue to be affected by the Projects.

NMFS • To restore American eel to historical habitats and ensure safe migratory pathways to build abundance and resilience in the population.

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3.3 Goals and Objectives The goal of this study is to determine the direct and cumulative impact of the Rolfe Canal, PUF, and PLF Projects on the emigration of silver eels in the Contoocook River.

The specific objectives of this study are:

• quantify the movement rates and delay caused by operation of the Projects; • quantify the relative proportion of eels passing each emigration route at the Projects during various project operations; and • quantify instantaneous and latent mortality of eels passed via each emigration route.

3.4 Study Area The study area for this evaluation encompasses the impoundment, dam/powerhouse structures, bypasses and riverine reaches immediately downstream of the three Projects.

3.5 Existing Information As described in the PAD, there has been some baseline study of American eel populations in the Contoocook basin. American eels were found in 2001 in Clement Pond (Hopkinton), which is upstream of the Projects, and are present in other Merrimack River tributaries to the north and south. Additionally, electrofishing conducted by NHFG and USFWS staff collected 48 eels in the Contoocook River from July 2015 through August 2016.

Briar Hydro has been working collaboratively with the NHFGD and USFWS on a downstream and upstream eel passage plan for the Rolfe, Penacook Upper and Penacook Lower Falls Projects. Recent efforts in 2018 and 2019 have focused on providing upstream passage at the Penacook Upper Falls as it is believed eels are finding passage through Penacook Lower Falls on their own.

Starting in 2018 during the downstream eel passage season (August 15 to November 15) Briar Hydro began shutting down the three Projects for three nights in a row following periods of a half inch of rain or more. In 2019, Briar Hydro deployed a downstream eel screen at the Rolfe Canal intake. The intent of the screen was to trap downstream migrants. These eels would then be trucked around Penacook Upper Falls and Penacook Lower Falls and deposited in the tailrace of Penacook Lower Falls. If successful this solution would obviate the need for night time shutdowns at the Three Project following a half inch of rain.

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The 2019 deployment of the screen was not successful. The screen often clogged with leaves and proved ineffective and no eels were captured. Following its initial deployment Briar Hydro discontinued the use of the screen and returned to nightly shutdowns following a half inch of rain. Starting in 2020, the threshold for nightly shutdowns was lowered to one quarter inch of rain.

3.6 Project Nexus Adult American eels migrate through the Project areas during their seasonal movement from upstream rearing habitat downstream to the marine environment. Hydroelectric facilities may increase residence time for outmigrating eels within the river system as well as expose individuals to increased levels of mortality.

3.7 Methodology

3.7.1 Telemetry Equipment Downstream passage of radio-tagged adult American eels at the three Projects will be documented via a series of radio telemetry receivers. Radio telemetry equipment will include Orion receivers, manufactured by Sigma Eight, as well as SRX receivers manufactured by Lotek. Receivers will be installed following consideration of the detection requirements for the specific area of coverage, as well as the attributes of the receiver model. The Orion receiver is a broadband receiver capable of monitoring multiple frequencies simultaneously within a 1-MHz band, and it will be most useful for monitoring tagged fish in areas where movement through the monitoring zone can occur quickly. Although Lotek receivers have a greater detection range than Orion receivers, they can only monitor a single frequency at a time and require frequency switching, which decreases detection efficiency in areas where fish may pass at high rates of speed. As part of monitoring adult downstream eel passage at each Project, Lotek receivers will be used at locations requiring longer range and where the intended detection areas can be characterized by relatively slow transit speeds for tagged fish.

Adult eels will be tagged using transmitters manufactured by Sigma-Eight (model TX-PSC-I-450, or equivalent). The TX-PSC-I-450 measures approximately 12 x 12 x 46 mm, weighs 8.5 g, and has an estimated battery life of 357 days when set at a 2.0 second burst rate.

3.7.2 Monitoring Stations Radio telemetry antennas and receivers will be set up at a number of locations at each of the three Projects. Each monitoring station will consist of a data-logging receiver, one or more antennas, and a power source. Each will be configured to receive transmitter signals from a designated area continuously throughout the study period. During installation of each station, range testing will be conducted to configure the antennas and receivers in a manner which maximizes detection efficiency at each location. Although each monitoring station will be installed in a manner which limits the ability to detect transmitters from unwanted areas, the possibility of such detections does still exist. As a result, behavioral data collected in this study (i.e., duration at a specific location or passage route) will be inferred based on the signal

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The locations of proposed monitoring stations for downstream passage of adult American eels at the three Projects are outlined below and presented visually in Figures 3-1 through 3-3. As with any telemetry study, monitoring station locations described here will be evaluated in the field prior to initialization of the study and, if necessary, may be modified to enhance the collection of passage information.

Station 01: Station 01 will be installed in a manner which detects radio-tagged eels as they approach the Rolfe Canal headgate structure. Detections from this location will be used to determine when eels arrive at the Project and will be a component of the determination of residence time upstream of the dam and prior to passage. Station 01 will consist of a single antenna and radio-telemetry receiver.

Station 02: Station 02 will detect radio-tagged eels as they approach the upstream side of the York Dam. Detections from this location will be used in conjunction with subsequent detections at Station 04 to identify individuals which may pass downstream at this location. Station 02 will consist of a single antenna and radio-telemetry receiver.

Station 03: Station 03 will be installed in a manner which detects radio-tagged eels as they approach the Rolfe Canal intake structure. Detections from this location will be used in conjunction with subsequent detections at Station 05 to identify individuals which may pass downstream via the penstock and turbine unit at Rolfe Canal. Station 03 will consist of a single antenna and radio-telemetry receiver.

Station 04: Station 04 will detect radio-tagged eels at a point within the York Dam bypass reach. Detections from this location will be used to confirm radio-tagged individuals which have passed downstream at the York Dam. Station 04 will consist of a single antenna and radio- telemetry receiver. The exact placement of this station will be determined during installation of monitoring equipment.

Station 05: Station 05 will detect radio-tagged eels in the Rolfe Canal tailrace. Detections from this location will be used to confirm radio-tagged individuals which have passed downstream via the turbine unit and were last detected at Station 03. Station 05 will consist of a single antenna and radio-telemetry receiver.

Station 06: Station 06 will detect radio-tagged eels at a point within the historic canal discharge channel. Detections from this location will be used to confirm radio-tagged individuals which may have passed downstream via the bypass at the Rolfe Canal intake structure. Station 06 will consist of a single antenna and radio-telemetry receiver. The exact placement of this station will be determined during installation of monitoring equipment.

Station 07: Station 07 will be installed in a manner which detects radio-tagged eels as they approach and pass a point approximately 100 m upstream of the powerhouse intake.

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Detections from this location will be used to determine when eels arrive at the PUF and will be a component of the determination of residence time upstream of the dam and prior to passage. Station 07 will consist of a single antenna and radio-telemetry receiver.

Station 08: Station 08 will be installed in a manner which detects radio-tagged eels as they approach the PUF intake structure. Detections from this location will be used in conjunction with subsequent detections at Station 11 to identify individuals which may pass downstream via the PUF turbine unit. Station 08 will consist of a single antenna and radio-telemetry receiver.

Station 09: Station 09 will consist of a single receiver and an underwater drop antenna installed in a manner which detects radio-tagged eels as they move downstream of PUF via the downstream bypass.

Station 10: Station 10 will consist of a single receiver and an aerial antenna installed in a manner which detects radio-tagged eels which may take advantage of spill conditions at PUF to pass downstream of the Project through the bypass reach.

Station 11: Station 11 will detect radio-tagged eels in the PUF tailrace. Detections from this location will be used to confirm radio-tagged individuals which have passed downstream via the turbine unit and were last detected at Station 08. Station 11 will consist of a single antenna and radio-telemetry receiver.

Station 12: Station 12 will be installed in a manner which detects radio-tagged eels as they approach and pass a point approximately 150 m upstream of the powerhouse intake. Detections from this location will be used to determine when eels arrive at the PLF and will be a component of the determination of residence time upstream of the dam and prior to passage. Station 12 will consist of a single antenna and radio-telemetry receiver.

Station 13: Station 13 will detect radio-tagged eels as they approach the upstream side of the PLF diversion spillway structure. Detections from this location will be used in conjunction with subsequent detections at Station 16 to identify individuals which may pass downstream at this location. Station 13 will consist of a single antenna and radio-telemetry receiver.

Station 14: Station 14 will be installed in a manner which detects radio-tagged eels as they approach the PLF intake structure. Detections from this location will be used in conjunction with subsequent detections at Station 17 to identify individuals which may pass downstream via the PLF turbine unit. Station 14 will consist of a single antenna and radio-telemetry receiver.

Station 15: Station 15 will consist of a single receiver and an underwater drop antenna installed in a manner which detects radio-tagged eels as they move downstream of PLF via the downstream bypass.

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Station 16: Station 16 will detect radio-tagged eels moving through the PLF bypass reach following passage via spill flow at the diversion or auxiliary dam structures. Station 16 will consist of a single antenna and radio-telemetry receiver.

Station 17: Station 17 will detect radio-tagged eels in the PLF tailrace. Detections from this location will be used to confirm radio-tagged individuals which have passed downstream via the turbine unit and were last detected at Station 14. Station 17 will consist of a single antenna and radio-telemetry receiver.

Station 18: Station 18 will consist of aerial, cross-river coverage at a point downstream of PLF. Detections from this location will be used to assess cumulative passage survival of radio-tagged eels following downstream passage at the Projects. The exact location of this receiver will be determined in the field during site installation and will be a function of available access and river bank conditions. The location of Station 18 will be selected so that the installed receiver has a high probability of detecting outmigrating eels and is located near to the mid-point of the section of the Merrimack River from its confluence with the Contoocook and the Garvins Falls dam.

Station 19: Station 19 will consist of aerial, cross-river coverage at a point downstream of PLF and will serve as the second detection location to assess cumulative passage survival of radio- tagged eels following downstream passage at the Projects. Pending permission, Station 19 will be installed facing upstream of Garvins Falls dam (approximately 13.3 miles downstream of the confluence of the Contoocook and Merrimack Rivers).

3.7.3 Test Eels, Tagging and Releases Adult silver-phase American eels for evaluation of passage at Rolfe Canal, PUF and PLF will be obtained from a commercial trapping operation on the St. Croix River, Maine. Upon notification from the vendor on test specimen availability, eels will be trucked from the St. Croix River to a temporary tank facility established at one of the three Projects. Transported eels will be held for at least 24 hours prior to any tagging. In advance of tagging, eels will be visually examined; healthy eels suitable for tagging will then be anesthetized in a clove oil and ethanol solution. Eels will be held and visually monitored in the anesthesia bath until sufficiently sedated. Once sedated, eels will be removed from the bath and placed in a specially designed restraining holder (Figure 3-4). The total length and eye diameter (horizontal and vertical; nearest 0.1 mm) will be measured. A previously described correlation between eye size, body length, and gonad development will be used to confirm whether individuals are mature and can be considered as active outmigrants (Pankhurst, 1982). This eye index relationship (I) was described using the formula:

I = [((A+B)/4)2π/L]*100

where A = horizontal eye diameter, B = vertical eye diameter, and L = total body length. Silver- phase American eels typically have an eye index between 6.0 and 13.5, with a bronze coloration along the lateral line that separates the dark, silver back from the white belly. Although eels

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collected from the St. Croix have a high probability of being silver based on the weir methodology used to collect them, eye measurements will be recorded regardless.

For tagging, an incision will be made off-center on the ventral surface of the individual. A hollow needle will be inserted into the incision and pushed through the body wall just off the ventral mid-line and at a point posterior to the incision. The antenna will be fed through the needle and gently pulled so that the transmitter enters the body cavity. The needle will then be pulled through the body wall and removed from the antenna. The transmitter will be positioned by pulling the antenna so that it lies directly under the incision. The incision will then be closed with two or three interrupted sutures. A small amount of an antibacterial ointment will be applied to the incision site to prevent infection. Following tagging, each individual will be transferred to a second holding tank supplied with ambient river water for an additional 24- hour observation/recovery period.

A total of 105 radio-tagged adult American eels will be transported via stocking truck from the tagging location and released into the Contoocook River at one of three release locations. A total of 63 individuals will be released at a point upstream of the Rolfe Canal impoundment, 21 individuals will be released immediately downstream of the Rolfe Canal powerhouse, and 21 individuals will be released immediately downstream of the PUF powerhouse. A minimum of three separate release events will be conducted during the September - October time period, with each event consisting of approximately 35 radio-tagged individuals. Tagged eels will be distributed among the three release sites as follows; 21 individuals upstream of Rolfe Canal, 7 individuals downstream of Rolfe Canal, and 7 individuals downstream of PUF. Releases will be conducted during the evening hours.

3.7.4 Data Collection Stationary Telemetry Data: Data will be off-loaded from receivers using a laptop computer and will be stored on removable memory sticks. Data downloads will occur weekly during the period from the initial tag and release date until eel movements through the Project areas have ceased, or until November 30, 2021, whichever is earlier. Backup copies of all telemetry data will be made prior to receiver initialization. Field tests to ensure data integrity and receiver performance will include confirmation of file integrity, confirmation that the last record is consistent with the downloaded data (a portable beacon tag will aid this step), and lastly, to confirm that the receiver is operational upon restart and actively collecting data post download. The field data collection procedures will form part of the overall project QA/QC standards. Within a data file, transmitter detections will be stored as a single event (i.e., single data line). Each event will include the date and time of detection, frequency, ID code, and signal strength.

Manual Telemetry Data: To provide supplemental detection information to the stationary receiver data set, manual tracking will be conducted twice during the monitoring period. The two manual tracking events will each cover the section of the Contoocook from the area immediately upstream of Rolfe Canal to the confluence of the Contoocook and Merrimack Rivers downstream of PLF.

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The Projects will be operated under “baseline” conditions for the study period (i.e., units in operation and downstream bypass system open). Briar Hydro will follow their current downstream passage operational strategy for eels and will perform nightly shutdowns for a three night period following a quarter inch of rain.

3.8 Data Analysis and Reporting Upstream Residency and Downstream Passage Routes: A complete record of all valid detections for each uniquely coded radio-tagged silver eel will be generated, and the pattern and timing of detections in these individual records will be reviewed. For each radio-tagged eel released into the Contoocook River upstream of Rolfe Canal, the arrival and passage times and downstream route of passage will be determined at Rolfe Canal, PUF and PLF. In instances where a specific passage route is not clearly defined by the available data, the passage route for that individual will be classified as unknown.

The stationary telemetry dataset collected using the telemetry stations described above will also permit the evaluation of travel time for radio-tagged silver eels between any two adjacent monitoring stations both prior to and following downstream passage at a particular project. Passage duration through any defined river reach will be calculated as the duration from initial detection at the stationary receiver on the upstream end of the reach until initial detection at the stationary receiver on the downstream end of the reach. For radio-tagged eels which approach Rolfe Canal, PUF or PLF, a ‘project residence duration’ will be defined as the duration of time from initial detection at the dam until successful downstream passage.

Parameter Estimates for Evaluation of Project Survival: Survivorship (Phi) and detection (p) probabilities will be estimated for eel passage at Rolfe Canal, PUF and PLF using a Cormack-Jolly Seber model (CJS) constructed in Program MARK (or an equivalent such as R-MARK). Parameter estimates for Phi and p will be obtained using the encounter histories constructed for each radio-tagged individual indicating their presence or absence at detection locations from uppermost receivers (Stations 01 and 02) through the receiver located the furthest downstream of the three Projects (Station 19).

The reach-specific survival estimates for eels following passage to detection at Station 07, Station 12, and Station 17 will be used as the estimates of Project survival for Rolfe Canal, PUF and PLF, respectively. The joint probability of these reach-specific values will provide an estimate of cumulative survival through the three Projects. This approach assumes that the background mortality (i.e., natural mortality such as predation) is negligible for adult eels in the reaches downstream of each dam and that the observed losses are attributable solely to

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Project effects. This use of this assumption will result in a minimum estimate of total Project survival for adult American eels passing downstream of the three Projects.

3.9 Schedule This study will be conducted in 2021. A report summarizing the study findings will be prepared and provided to the resource agencies in advance of the 2022 field season (in the event any second year evaluations are required).

3.10 Level of Effort and Cost The American Eel Downstream Passage Study is estimated to cost approximately $80,000 to complete.

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Figure 3-1. Proposed radio-telemetry stations for evaluation of downstream adult eel passage at the Rolfe Canal Hydroelectric Project.

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Figure 3-2. Proposed radio-telemetry stations for evaluation of downstream adult eel passage at the Upper Penacook Falls Hydroelectric Project.

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Figure 3-3. Proposed radio-telemetry stations for evaluation of downstream adult eel passage at the Lower Penacook Falls Hydroelectric Project.

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Figure 3-4. Restraint device for holding and positioning adult American eels during radio- tagging.

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4 American Eel Upstream Passage

4.1 Study Requests The U.S. Fish and Wildlife Service (USFWS) and the New Hampshire Fish and Game Department (NHFGD) requested Briar Hydro conduct a study to evaluate the impact of the Rolfe Canal, Upper Penacook Falls and Lower Penacook Falls Projects on the upstream migration of juvenile American eels in the Contoocook River.

4.2 Resource Management Goals In their study requests, federal and state resource agencies described various jurisdictional resource management goals for this study, as summarized here:

USFWS • The Service’s goal is to restore American eel to historical habitats and ensure safe, effective, and efficient migratory pathways to build abundance and resilience in the population.

NHFGD • The NHFGD’s goal is to restore American eel to historical habitats and ensure safe, effective, and efficient migratory pathways to build abundance and resilience in the population.

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requirements of resident and migratory fish and wildlife (including invertebrates such as freshwater mussels).

4.3 Goals and Objectives The goal of this study is to is to provide baseline data on the presence of American eels attempting to move upstream of the Rolfe Canal, PUF, and PLF Projects and the locations where they congregate while attempting upstream passage. The specific objective of this study is to evaluate juvenile eel presence/abundance at selected locations at the Rolfe Canal, and PLF Projects to identify an appropriate location for a future volitional upstream passage facility.

4.4 Study Area The study area for this evaluation encompasses the PLF bypass reach (i.e., diversion and auxiliary dam areas), PUF eel lift and trap, and the areas downstream of the Rolfe Canal Project York Dam and Rolfe Canal headgate dam.

4.5 Existing Information As described in the PAD, there has been some baseline study of American eel populations in the Contoocook basin. American eels were found in 2001 in Clement Pond (Hopkinton), which is upstream of the Projects, and are present in other Merrimack River tributaries to the north and south. Additionally, electrofishing conducted by NHFG and USFWS staff collected 48 eels in the Contoocook River from July 2015 through August 2016.

Briar Hydro has been working collaboratively with the NHFGD and USFWS on an upstream eel passage plan for the Rolfe, Penacook Upper and Penacook Lower Falls Projects. Recent efforts in 2018 and 2019 have focused on providing upstream passage at the Penacook Upper Falls as it is believed eels are finding passage through Penacook Lower Falls on their own. The USFWS installed an experimental eel ladder at the Upper Penacook Dam in 2017 which passed an estimated 3,000-4,000 eel per year while in operation. Subsequently, Briar Hydro installed a permanent eel lift and trap at the site.

4.6 Project Nexus Juvenile American eels will encounter the three Project areas during movement upstream through the Contoocook River. Hydroelectric facilities may increase passage time for juvenile eels within the river system.

4.7 Methodology

4.7.1 Systematic Surveys – Rolfe Canal and PLF A series of visual nighttime surveys intended to document the spatial distribution of juvenile eels downstream of the Rolfe Canal and PLF Projects will be conducted once every other week over a period of eight weeks starting in late-June and terminating in early-August. Nighttime surveys will focus on areas where eels are likely to congregate (i.e., spillways and places where

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there is significant leakage or overflow at the upper end of the bypass reaches). Proposed general search locations for the Rolfe Canal and PLF Projects are provided in Figures 4-1 and 4- 2. Areas at Rolfe Canal include immediately downstream of York Dam, the Rolfe Canal tailrace and historic canal discharge area and the head of the historic canal. Areas at PLF include the shoreline immediately downstream of the powerhouse and areas immediately downstream of the diversion, auxiliary, and main spillways. Data collected from each survey area will include observations of eels (i.e., presence, absence, numbers, and estimated sizes), time and date of observation, field notes on weather conditions, and moon phase. Locations with observations will be geo-referenced. Notes on Project operations will also be recorded during each survey.

To supplement the visual nighttime surveys and to provide a more robust estimate of the relative abundance of juvenile American eels downstream of the Rolfe Canal and PLF Projects, each survey area identified in Figures 4-1 and 4-2 will be back-pack electrofished twice during the six week period. Similar to data recorded during the visual nighttime surveys, data collection during electrofish sampling will include the presence/absence of juvenile eels, count and duration of sampling (i.e., seconds of sample time to allow for calculation of a catch per unit of effort). Juvenile eels captured during sampling will be estimated to the nearest size class (i.e., 0 to 6 inches, 6 to 12 inches, greater than 12 inches) and GPS coordinates will be recorded for locations where individuals were collected.

4.7.2 Effectiveness Evaluation - PUF Briar Hydro will conduct a mark-recapture study to evaluate effectiveness of the existing permanent upstream passage facility installed at PUF. To accomplish this, Briar Hydro operations staff will collect all juvenile eels captured in the PUF lift hopper over a five day period and those individuals will be maintained in a holding tank supplied with recirculating Contoocook River water. Following the five day collection period, up to 100 juvenile eels will be marked using Visual Elastomer (VIE) tags. To mark these individuals, eels will be lightly anesthetized to allow for safe handling. The nearest size class (i.e., 0 to 6 inches, 6 to 12 inches, greater than 12 inches) of each individual will be recorded and a colored VIE mark will be inserted at the base of the ventral fin margin. Briar Hydro will initiate a total of two collection events during the 2021 passage season resulting in up to 200 marked individuals. Release dates will be separated by two weeks. Marked eels released on each of the two tagging dates will be tagged with a unique VIE color to allow for differentiation of release date among individuals recaptured at the PUF eel lift. Upon completion of marking a particular batch, those individuals will be brought downstream and released at the confluence of the bypass reach and tailrace channel.

Following the first release, Briar Hydro will examine individuals collected in the hopper of the PUF eel lift for a two week period. For each daily lift event, the total number of marked and unmarked individuals will be recorded. At the completion of the two week monitoring period, the second release group will be released downstream and Briar Hydro will initiate a second two week monitoring period. During the second two week monitoring period the total number of marked (release #1 color and release #2 color) and unmarked eels will be recorded for each daily lift event.

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4.8 Data Analysis and Reporting Following completion of data collection from the interim upstream passage traps a final data report will be prepared. Briar Hydro will summarize catch numbers from each location and if possible will relate those to environmental and operational conditions occurring during the monitoring period.

4.9 Schedule This study will be conducted in 2021. A report summarizing the study findings will be prepared and provided to the resource agencies in advance of the 2022 field season (in the event any second year evaluations are required).

4.10 Level of Effort and Cost The American Eel Upstream Passage Study is estimated to cost approximately $25,000 to complete.

4.11 Deviations from Requested Study The original study requests and comments on the PSP provided by the USFWS and NHFGD described a more extensive tagging and recapture evaluation. Briar Hydro has elected to focus the tagging component of the RSP on the single permanent upstream passage facility currently in operation at PUF. As written, the tagging component of this upstream eel study should provide the resource agencies with an understanding of near-field attraction to the PUF eel lift. The approach proposed here will provide a conservative estimate of attraction efficiency as the potential impacts of tagging and handling effects, tag loss, natural mortality, or use of alternative habitat downstream of the Project will not be quantified. Briar Hydro assumes that the additional effort described for the night and electrofish surveys downstream of Rolfe Canal and PLF will provide the baseline information needed at this time to understand upstream passage requirements at those locations. Additional tagging and searching for marked individuals is unwarranted at this time given the lack of permanent passage facilities.

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Figure 4-1. Proposed survey areas of juvenile American eels downstream of the Lower Penacook Falls Hydroelectric Project.

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Figure 4-2. Proposed survey areas of juvenile American eels downstream of the Rolfe Canal Hydroelectric Project.

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5 Adult Alosine Downstream Passage

5.1 Study Requests The U.S. Fish and Wildlife Service (USFWS), National Marine Fisheries Service (NMFS) and the New Hampshire Fish and Game Department (NHFGD) requested Briar Hydro conduct a study to evaluate the impact of the Rolfe Canal, Upper Penacook Falls and Lower Penacook Falls Projects on the emigration of adult river herring in the Contoocook River.

5.2 Resource Management Goals In their study requests, federal and state resource agencies described various jurisdictional resource management goals for this study, as summarized here:

USFWS • Management plan objectives include to improve habitat accessibility and quality in a manner consistent with appropriate management actions for non-anadromous fisheries. Specifically to (1) improve or install fish passage facilities at dams and other obstacles preventing fish from reaching potential spawning areas, (2) ensure that decisions on river flow allocation (e.g., hydroelectric operations) take into account flow needs for alosine migration, spawning, and nursery usage, and (3) ensure that water withdrawal effects (e.g., impingement and entrainment) do not affect alosine stocks to the extent that they result in stock declines.

NMFS • Management plan objectives include to improve habitat accessibility and quality in a manner consistent with appropriate management actions for non-anadromous fisheries. Specifically to (1) improve or install fish passage facilities at dams and other obstacles preventing fish from reaching potential spawning areas, (2) ensure that decisions on river flow allocation (e.g., hydroelectric operations) take into account flow needs for alosine migration, spawning, and nursery usage, and (3) ensure that water

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withdrawal effects (e.g., impingement and entrainment) do not affect alosine stocks to the extent that they result in stock declines.

NHFGD • The NHFGD’s goal is to establish Alosine populations throughout the Merrimack River watershed and ensure safe migratory pathways to build abundance and resilience in the population.

5.3 Goals and Objectives The goal of this study is to determine the direct and cumulative impact of the Rolfe Canal, PUF, and PLF Projects on the emigration of adult river herring1 in the Contoocook River.

The specific objectives of this study are:

• quantify the movement rates and delay caused by operation of the Projects; • quantify the relative proportion of adult river herring passing each emigration route at the Projects during various project operations; and • quantify instantaneous and latent mortality of adult river herring passed via each emigration route.

5.4 Study Area The study area for this evaluation encompasses the impoundment, dam/powerhouse structures, bypasses and riverine reaches immediately downstream of the three Projects.

5.5 Existing Information According to the Strategic Plan & Status Review, Anadromous Fish Restoration Plan, Merrimack River, anadromous fish, including Atlantic salmon, American shad, and river herrings (alewives and blueback herring) have historically populated the Merrimack River basin. Shad and river

1 In their study requests, USFWS, NMFS, and NHFGD indicated that adult river herring could serve as a proxy for adult and juvenile alosine routing at the Projects.

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herrings likely occurred upstream as far as the Winnipesaukee River watershed. In 1847, the Essex Dam in Lawrence, Massachusetts was constructed at River Mile 30, blocking anadromous fish access to critical upstream habitat. Atlantic salmon became extirpated, while shad and river herring maintained diminished populations by using available habitat downstream of Essex Dam.

Article 32 of the PLF, Article 24 of the PUF and Article 30 of the Rolfe Canal license order the licensee to provide upstream and downstream fish passage at each project dam within five years of 15,000 American shad passing at the Garvins Falls Dam. A letter dated December 19, 2018 from Central Rivers Power, owner of the Garvin Falls project, stated that during 2018, no American shad or river herring were observed at the Garvin Falls project. Because Garvins Falls has not yet been notified it must begin fish passage construction, the Rolfe Canal, PUF and PLF Projects are not yet required to add upstream fish passage and remain in compliance with the requirements of its current license.

5.6 Project Nexus Following resource agency stocking into the upper reaches of the Contoocook watershed, adult and juvenile river herring migrate through the three Project areas during their seasonal movements from upstream spawning and rearing habitat downstream to the marine environment. Hydroelectric facilities may increase residence time for outmigrating alosines within the river system as well as expose individuals to increased levels of mortality.

5.7 Methodology

5.7.1 Telemetry Equipment Downstream passage of radio-tagged adult river herring at the three Projects will be documented via a series of radio telemetry receivers. Radio telemetry equipment will include Orion receivers, manufactured by Sigma Eight, as well as SRX receivers manufactured by Lotek. Receivers will be installed following consideration of the detection requirements for the specific area of coverage, as well as the attributes of the receiver model. The Orion receiver is a broadband receiver capable of monitoring multiple frequencies simultaneously within a 1-MHz band, and it will be most useful for monitoring tagged fish in areas where movement through the monitoring zone can occur quickly. Although Lotek receivers have a greater detection range than Orion receivers, they can only monitor a single frequency at a time and require frequency switching, which decreases detection efficiency in areas where fish may pass at high rates of speed. As part of monitoring adult downstream herring passage at each Project, Lotek receivers will be used at locations requiring longer range and where the intended detection areas can be characterized by relatively slow transit speeds for tagged fish.

Adult herring will be tagged using transmitters manufactured by Sigma-Eight (model TX-PSC-I- 80D, or equivalent). The TX-PSC-I-80D measures approximately 10 x 10 x 22 mm, weighs 3.3 g, and has an estimated battery life of 64 days when set at a 2.0 second burst rate.

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5.7.2 Monitoring Stations Radio telemetry antennas and receivers will be set up at a number of locations at each of the three Projects. Each monitoring station will consist of a data-logging receiver, one or more antennas, and a power source. Each will be configured to receive transmitter signals from a designated area continuously throughout the study period. During installation of each station, range testing will be conducted to configure the antennas and receivers in a manner which maximizes detection efficiency at each location. Although each monitoring station will be installed in a manner which limits the ability to detect transmitters from unwanted areas, the possibility of such detections does still exist. As a result, behavioral data collected in this study (i.e., duration at a specific location or passage route) will be inferred based on the signal strength and the duration and pattern of contacts documented across the entire detection array.

The locations of proposed monitoring stations for downstream passage of adult river herring at the three Projects are outlined below and presented visually in Figures 5-1 through 5-3. As with any telemetry study, monitoring station locations described here will be evaluated in the field prior to initialization of the study and, if necessary, may be modified to enhance the collection of passage information.

Station 01: Station 01 will be installed in a manner which detects radio-tagged herring as they approach the Rolfe Canal headgate structure. Detections from this location will be used to determine when herring arrive at the Project and will be a component of the determination of residence time upstream of the dam and prior to passage. Station 01 will consist of a single antenna and radio-telemetry receiver.

Station 02: Station 02 will detect radio-tagged herring as they approach the upstream side of the York Dam. Detections from this location will be used in conjunction with subsequent detections at Station 04 to identify individuals which may pass downstream at this location. Station 02 will consist of a single antenna and radio-telemetry receiver.

Station 03: Station 03 will be installed in a manner which detects radio-tagged herring as they approach the Rolfe Canal intake structure. Detections from this location will be used in conjunction with subsequent detections at Station 05 to identify individuals which may pass downstream via the penstock and turbine unit at Rolfe Canal. Station 03 will consist of a single antenna and radio-telemetry receiver.

Station 04: Station 04 will detect radio-tagged herring at a point within the York Dam bypass reach. Detections from this location will be used to confirm radio-tagged individuals which have passed downstream at the York Dam. Station 04 will consist of a single antenna and radio- telemetry receiver. The exact placement of this station will be determined during installation of monitoring equipment.

Station 05: Station 05 will detect radio-tagged herring in the Rolfe Canal tailrace. Detections from this location will be used to confirm radio-tagged individuals which have passed

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downstream via the turbine unit and were last detected at Station 03. Station 05 will consist of a single antenna and radio-telemetry receiver.

Station 06: Station 06 will detect radio-tagged herring at a point within the historic canal discharge channel. Detections from this location will be used to confirm radio-tagged individuals which may have passed downstream via the bypass at the Rolfe Canal intake structure. Station 06 will consist of a single antenna and radio-telemetry receiver. The exact placement of this station will be determined during installation of monitoring equipment.

Station 07: Station 07 will be installed in a manner which detects radio-tagged herring as they approach and pass a point approximately 100 m upstream of the powerhouse intake. Detections from this location will be used to determine when herring arrive at the PUF and will be a component of the determination of residence time upstream of the dam and prior to passage. Station 07 will consist of a single antenna and radio-telemetry receiver.

Station 08: Station 08 will be installed in a manner which detects radio-tagged herring as they approach the PUF intake structure. Detections from this location will be used in conjunction with subsequent detections at Station 11 to identify individuals which may pass downstream via the PUF turbine unit. Station 08 will consist of a single antenna and radio-telemetry receiver.

Station 09: Station 09 will consist of a single receiver and an underwater drop antenna installed in a manner which detects radio-tagged herring as they move downstream of PUF via the downstream bypass.

Station 10: Station 10 will consist of a single receiver and an aerial antenna installed in a manner which detects radio-tagged herring which may take advantage of spill conditions at PUF to pass downstream of the Project through the bypass reach.

Station 11: Station 11 will detect radio-tagged herring in the PUF tailrace. Detections from this location will be used to confirm radio-tagged individuals which have passed downstream via the turbine unit and were last detected at Station 08. Station 11 will consist of a single antenna and radio-telemetry receiver.

Station 12: Station 12 will be installed in a manner which detects radio-tagged herring as they approach and pass a point approximately 150 m upstream of the powerhouse intake. Detections from this location will be used to determine when herring arrive at the PLF and will be a component of the determination of residence time upstream of the dam and prior to passage. Station 12 will consist of a single antenna and radio-telemetry receiver.

Station 13: Station 13 will detect radio-tagged herring as they approach the upstream side of the PLF diversion spillway structure. Detections from this location will be used in conjunction with subsequent detections at Station 16 to identify individuals which may pass downstream at this location. Station 13 will consist of a single antenna and radio-telemetry receiver.

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Station 14: Station 14 will be installed in a manner which detects radio-tagged herring as they approach the PLF intake structure. Detections from this location will be used in conjunction with subsequent detections at Station 17 to identify individuals which may pass downstream via the PLF turbine unit. Station 14 will consist of a single antenna and radio-telemetry receiver.

Station 15: Station 15 will consist of a single receiver and an underwater drop antenna installed in a manner which detects radio-tagged herring as they move downstream of PLF via the downstream bypass.

Station 16: Station 16 will detect radio-tagged herring moving through the PLF bypass reach following passage via spill flow at the diversion or auxiliary dam structures. Station 16 will consist of a single antenna and radio-telemetry receiver.

Station 17: Station 17 will detect radio-tagged herring in the PLF tailrace. Detections from this location will be used to confirm radio-tagged individuals which have passed downstream via the turbine unit and were last detected at Station 14. Station 17 will consist of a single antenna and radio-telemetry receiver.

Station 18: Station 18 will consist of aerial, cross-river coverage at a point downstream of PLF. Detections from this location will be used to assess cumulative passage survival of radio-tagged herring following downstream passage at the Projects. The exact location of this receiver will be determined in the field during site installation and will be a function of available access and river bank conditions. The location of Station 18 will be selected so that the installed receiver has a high probability of detecting outmigrating herring and is located near to the mid-point of the section of the Merrimack River from its confluence with the Contoocook and the Garvins Falls dam.

Station 19: Station 19 will consist of aerial, cross-river coverage at a point downstream of PLF and will serve as the second detection location to assess cumulative passage survival of radio- tagged herring following downstream passage at the Projects. Pending permission, Station 19 will be installed facing upstream of Garvins Falls dam (approximately 13.3 miles downstream of the confluence of the Contoocook and Merrimack Rivers).

5.7.3 Test Fish, Tagging and Releases Adult river herring will be collected for tagging at the trap and truck facility associated with the Amoskeag fishway2. Fish will be dip-netted out of the sort tank and visually assessed to ascertain their suitability for tagging. Any individuals exhibiting excessive scale loss or other signs of significant stress will not be considered for tagging. Individuals deemed acceptable for tagging will be quickly measured (total length, nearest mm), and gender will be determined (when possible) by gently expressing eggs or milt from running-ripe fish. Radio transmitters will be inserted gastrically. To facilitate gastric implantation, transmitters will be affixed to a

2 Pending authorization from Central Rivers Power who owns and operates the Merrimack River Project (including Amoskeag Dam)

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flexible tube with their trailing antenna running through the hollow center. The transmitter and leading edge of the flexible tube will be pushed through the mouth and down to the stomach. Once in place, the tube will be removed leaving the transmitter antenna trailing from the mouth. Following tagging, fish will be immediately transferred to a stocking vehicle filled with aerated Merrimack River water. Salt will be added to the transport tank in an effort to reduce osmotic stress of tagged fish.

A total of 100 radio-tagged adult river herring will be transported via stocking truck from the Amoskeag fishway and released into the Contoocook River at one of three release locations. A total of 60 individuals will be released at a point upstream of the Rolfe Canal impoundment, 20 individuals will be released immediately downstream of the Rolfe Canal powerhouse, and 20 individuals will be released immediately downstream of the PUF powerhouse. A minimum of four separate release events will be conducted during May 2021, with each event consisting of approximately 25 radio-tagged individuals. For each release date, the tagged adult river herring will be distributed among the three release sites as follows; 15 individuals upstream of Rolfe Canal, 5 individuals downstream of Rolfe Canal, and 5 individuals downstream of PUF.

5.7.4 Data Collection Stationary Telemetry Data: Data will be off-loaded from receivers using a laptop computer and will be stored on removable memory sticks. Data downloads will occur weekly during the period from the initial tag and release date until June 30, 2021. Backup copies of all telemetry data will be made prior to receiver initialization. Field tests to ensure data integrity and receiver performance will include confirmation of file integrity, confirmation that the last record is consistent with the downloaded data (a portable beacon tag will aid this step), and lastly, to confirm that the receiver is operational upon restart and actively collecting data post download. The field data collection procedures will form part of the overall project QA/QC standards. Within a data file, transmitter detections will be stored as a single event (i.e., single data line). Each event will include the date and time of detection, frequency, ID code, and signal strength.

River and Project Operational Data: In addition to the radio telemetry data described above, river and project operations data will be collected and reported for the 2021 evaluation period. River temperature will be recorded at one of the three Projects. Project discharge, unit operations, downstream bypass settings, and extent and location of spill will be obtained from Briar Hydro at the completion of the study period. The Projects will be operated under “baseline” conditions for the study period (i.e., units in operation and downstream bypass system open). Briar Hydro currently operates the downstream bypass facilities at the three Projects during the spring passage season upon

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notification from NHFGD that adult alosines have been stocked into the section of the Contoocook River upstream of Rolfe Canal.

5.8 Data Analysis and Reporting Upstream Residency and Downstream Passage Routes: A complete record of all valid detections for each uniquely coded radio-tagged adult herring will be generated, and the pattern and timing of detections in these individual records will be reviewed. For each radio-tagged individual released into the Contoocook River upstream of Rolfe Canal, the arrival and passage times and downstream route of passage will be determined at Rolfe Canal, PUF and PLF. In instances where a specific passage route is not clearly defined by the available data, the passage route for that individual will be classified as unknown.

The stationary telemetry dataset collected using the telemetry stations described above will also permit the evaluation of travel time for radio-tagged adult herring between any two adjacent monitoring stations both prior to and following downstream passage at a particular project. Passage duration through any defined river reach will be calculated as the duration from initial detection at the stationary receiver on the upstream end of the reach until initial detection at the stationary receiver on the downstream end of the reach. For radio-tagged herring which approach Rolfe Canal, PUF or PLF, a ‘project residence duration’ will be defined as the duration of time from initial detection at the dam until successful downstream passage.

Parameter Estimates for Evaluation of Project Survival: Survivorship (Phi) and detection (p) probabilities will be estimated for adult herring downstream passage at Rolfe Canal, PUF and PLF using a Cormack-Jolly Seber model (CJS) constructed in Program MARK (or an equivalent such as R-MARK). Parameter estimates for Phi and p will be obtained using the encounter histories constructed for each radio-tagged individual indicating their presence or absence at detection locations from uppermost receivers (Stations 01 and 02) through the receiver located the furthest downstream of the three Projects (Station 19).

The reach-specific survival estimates for herring following passage to detection at Station 07, Station 12, and Station 17 will be used as the estimates of Project survival for Rolfe Canal, PUF and PLF, respectively. The joint probability of these reach-specific values will provide an estimate of cumulative survival through the three Projects. This approach assumes that the background mortality (i.e., natural mortality such as predation) is negligible for adult river herring in the reaches downstream of each dam and that the observed losses are attributable solely to Project effects. This use of this assumption will result in a minimum estimate of total Project survival for adult river herring passing downstream of the three Projects.

5.9 Schedule This study will be conducted in 2021. A report summarizing the study findings will be prepared and provided to the resource agencies in advance of the 2022 field season (in the event any second year evaluations are required).

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5.10 Level of Effort and Cost The Adult Alosine Downstream Passage Study is estimated to cost approximately $75,000 to complete.

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Figure 5-1. Proposed radio-telemetry stations for evaluation of downstream adult river herring passage at the Rolfe Canal Hydroelectric Project.

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Figure 5-2. Proposed radio-telemetry stations for evaluation of downstream adult river herring passage at the Upper Penacook Falls Hydroelectric Project.

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Figure 5-3. Proposed radio-telemetry stations for evaluation of downstream adult river herring passage at the Lower Penacook Falls Hydroelectric Project.

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6 Upstream and Downstream Fish Passage Feasibility

6.1 Study Requests The U.S. Fish and Wildlife Service (USFWS), National Marine Fisheries Service (NMFS) and the New Hampshire Fish and Game Department (NHFGD) requested Briar Hydro identify potential, cost-effective fishway alternatives at the Projects for alosine and eel passage.

6.2 Resource Management Goals In their study requests, federal and state resource agencies described various jurisdictional resource management goals for this study, as summarized here:

USFWS • The Service is a natural resource agency with a mandate to protect and conserve fisheries resources and associated habitat. Regulatory statutes codify our resource management goals and plans. We rely on the best available data to support conservation recommendations and management decisions. The Service is currently collaborating with the National Marine Fisheries Service and the Merrimack River Technical Committee on a comprehensive plan for the diadromous species in the Merrimack River Basin, including the Contoocook River.

• This study request is intended to facilitate the collection of information necessary to conduct an effects analysis and to develop reasonable and prudent protection, mitigation, and enhancement measures. Study results will contribute to the development of an administrative record and inform potential Section 18 fishway prescriptions and/or Section 10(j) recommendations.

NMFS • NMFS is a federal resource agency with a mandate to protect and conserve fisheries resources and associated habitat. Regulatory statutes codify our resource management goals and plans. We rely on the best available data to support conservation recommendations and management decisions. We are currently preparing a comprehensive plan for the diadromous species of the Merrimack River including the Contoocook River tributary. We will provide required input for the projects prior to commencing the study. The analyses and project specific data sought in this study are not available. This study is an appropriate request for the pre-application period.

NHFGD • The NHFGD is a State natural resource agency with a mission to protect and conserve fisheries resources and associated habitat. We rely on the best available data to support conservation recommendations and management decisions. The USFWS is currently collaborating with the National Marine Fisheries Service (NMFS) and the Merrimack River

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Technical Committee on a comprehensive plan for the diadromous species in the Merrimack River basin, including the Contoocook River.

• This study requests is intended to facilitate the collection of information necessary to conduct an effects analyses and to develop reasonable and prudent protection, mitigation, and enhancement measures. Study results will contribute to the development of an administrative record and inform potential Section 18 fishway prescriptions and/or Section 10(j) recommendations.

6.3 Goals and Objectives The goal of this investigation is to determine physical upstream and downstream fish passage facilities for the fish species of interest that meet “fish behavior, ichthyomechanics, hydraulics, hydrology and hydropower (operations)” (USFWS 2019) for three hydropower projects on the Contoocook River.

The specific objectives of this investigation are as follows:

• Evaluate the effectiveness of any existing fish passage facilities. • Determine pertinent hydrologic and hydraulic regimes during expected fish passage at the “zone of passage” (USFWS 2019) at each hydropower site. • Prepare preliminary drawings of existing fish passage facilities. • Prepare alternative conceptual (30%) designs of modified or new fish passage facilities meeting USFWS Design Criteria (USFWS 2019). • Identify power and energy performance impacts to the three hydropower facilities as a result of incorporating the alternative conceptual designs. • Present the alternative fish passage information in matrix and narrative form for decision-making by Briar Hydro and the resource agencies.

6.4 Study Area The study to be investigated includes the Rolfe Canal, PUF and PLF physical facilities and their attendant components that are in contact with the Contoocook River.

6.5 Existing Information Relevant information and existing measured data to be obtained include, but are not limited to, the following:

• Installation drawings and testing data for existing fishways at the three project sites (Essex Hydro/Lakeside Engineering). • General civil-structural “as-built” drawings/details of the existing dams, gates, powerhouses and other structures. • Written observations and measurements of existing fishway operations – Essex Hydro.

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6.6 Project Nexus The Rolfe Canal, PUF and PLF dams and other hydraulic structures inhibit the upstream and downstream movement of fish. Existing fish passage facilities have attempted to correct this situation with inconclusive results. The results of this investigation will be used to identify likely fish passage facilities that will improve the effectiveness of passing the fish species of interest.

6.7 Methodology The approach and procedures to perform the engineering elements of the feasibility study will follow the guidelines from several sources: (USFWS, 2019), (Gordon, 1992), and (Clay, 1952). Study work tasks are as follows:

1. Obtain existing data/information:

• Briar Hydro

• USFWS, NHFGD, NMFS

2. Conduct one-day project site visits.

3. Obtain fish biology criteria from project consultant/resource agencies.

4. Develop site (3) hydrology and hydraulics:

• Monthly flow duration curves

• Migratory flow duration cuves

o Spring adult alosine: May 1 to July 15

o Fall outmigration (adult eel/juvenile alosine): October 1 to November 30 • Headwater/tailwater ratings

• Hydroplant operating rule curves

5. Prepare existing conditions plans.

6. Evaluate existing passage facilities.

7. Prepare passage alternatives:

• Modifications to existing passages

• New passages

8. Estimate power/energy impacts.

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9. Determine capital and O&M costs.

10. Prepare Technical Memorandum of Findings:

• Conceptual plans (30% design)

• Supporting calculations/data

6.8 Data Analysis and Reporting A PDF copy of all information obtained, analyses, conceptual plans and costs and the study Technical Memorandum will be made for archival purposes. Reporting will be achieved via the preparation of a Technical Memorandum summarizing the study and findings.

6.9 Schedule This study will be conducted in 2021-2022 at a point in time when findings from the American Eel and Adult Alosine Downstream Passage Studies are available to inform the process. Briar Hydro will continue to consult with the resource agencies on upstream and downstream fish passage topics at Rolfe Canal, PUF and PLF during the relicensing process.

6.10 Level of Effort and Cost The fish passage feasibility study will require the services of a civil-hydraulic engineer and a civil design technician to perform the analyses, design fish passage alternatives, and develop conceptual level costs. The estimated cost of the Upstream and Downstream Fish Passage Feasibility is $45,000.

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7 Downstream Fish Passage Survival

7.1 Study Requests The U.S. Fish and Wildlife Service (USFWS), National Marine Fisheries Service (NMFS) and the New Hampshire Fish and Game Department (NHFGD) requested Briar Hydro conduct a study to estimate project-specific and cumulative effects on the survival of emigrating diadromous fish species.

7.2 Resource Management Goals In their study requests, federal and state resource agencies described various jurisdictional resource management goals for this study, as summarized here:

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7.3 Goals and Objectives The goal of this study is to estimate project-specific and cumulative effects of the Projects on the survival of emigrating diadromous species that pass through the Projects’ turbines.

The objectives of the study are to:

• conduct a desktop turbine survival study for the full suite of diadromous species and life stages through all of the Projects’ turbines; • calculate total project survival for each project using empirical or derived routing data and turbine survival model results; and • calculate cumulative survival through all of the Projects.

7.4 Study Area The study area for the Downstream Fish Passage Survival Study are the Rolfe Canal, PUF, and PLF powerhouses and associated structures, including the intake structures.

7.5 Existing Information The Contoocook River is a migratory corridor for a multitude of diadromous fish species, including American eel, American shad, and river herring. The Lower Penacook, Upper Penacook, and Rolfe Canal hydroelectric projects each have one double-regulated Kaplan unit with similar dimensions, hydraulic capacities, number of runner blades, and rotational speeds. None of the Projects provide entrainment prevention measures at their intakes. In general, Pracheil et al. (2016) found that American eels have higher survival rates passing Francis turbines, and alosines have higher survival rates passing Kaplan turbines. However, the extent of turbine mortality relates to the species, life stage, and the specifications of the turbine, all of which influence turbine survival rates. Fish length, runner rotational speed, and the number of runner blades are key variables determining turbine mortality (Headrick 2001).

7.6 Project Nexus Turbine mortality is a well-documented effect of hydroelectric facility operation on the fishery resources. The Contoocook River is a migratory corridor for a multitude of diadromous fish species, including American eel, American shad, and river herring. None of the Projects provide entrainment prevention measures at the project intakes. These turbine passage routes represent a risk of fish mortality and injury resulting from turbine blade strike. As a result, the Projects have a direct effect on the survival of emigrating diadromous fish through turbine passage. The turbines at the PLF, PUF, and Rolfe Canal projects have not been evaluated for turbine survival and no estimates exist for project survival. Site specific data are needed to understand the risks of mortality for fish that migrate through the projects.

7.7 Methodology This study will utilize the Turbine Blade Strike Analysis (TBSA) desktop tool to estimate passage survival/mortality rates for juvenile alosines at the Rolfe Canal, PUF and PLF Projects. The TBSA Tool was developed by the U.S. Fish and Wildlife Service, Region 5 Fish Passage Engineering

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Group (Towler and Pica 2018). TBSA incorporates the turbine blade strike equations originally developed by the Idaho National Engineering Laboratory (Franke et al. 1997) and allows users to input site-specific information to inform a Monte Carlo simulation that probabilistically models turbine and non-turbine route fish passage mortality.

As part of this effort, a TBSA model will be developed for each of the three Projects. The full set of potential downstream passage routes at each Project will form the framework for the station-specific passage survival estimates. Potential passage routes at each Project include spill, downstream bypass facilities or a single Kaplan turbine unit. The TBSA analysis will focus specifically on the adult and juvenile life stages for American shad and river herring. Available length information from the Merrimack River watershed will be used to inform the model.

The proportional use of downstream passage routes for adult alosines will be informed by study results collected during spring 2021. Briar Hydro will rely on the USFWS design flow analysis tool to estimate the probably hydrologic conditions for the three Projects during the fall migratory period for juvenile alosines and will proportion outmigrants within the TBSA model based on available outflows. Estimates of passage mortality at all non-turbine downstream passage routes (e.g., spill or downstream bypasses) will be obtained based on observations from the spring 2021 telemetry study. Estimates of passage mortality at Project turbines will be either calculated directly by the TBSA tool following input of unit-specific values (e.g., type, runner diameter, number blades, runner height, discharge, head, and rotational speed) or will be obtained from the spring 2021 telemetry study.

Once user inputs related to available routes, usage probabilities, turbine data, and estimates of non-turbine passage mortality are entered into the TBSA model, a fish population size (n, up to 10,000 individuals), a value of the mean length of the modeled population, and a value of the standard deviation for the population mean length will be selected. Available length information from the Merrimack River watershed for adult and juvenile alosine species will be used to inform the model.

The TBSA simulation results will include an estimate of turbine strike probability, an estimate of bypass failure, and an estimate of the percentage of the user-specified population which successfully passed downstream of each of the three Projects. Taken as a joint probability, these estimates will provide an estimate of cumulative passage survival for the set of three Projects.

USFWS, NMFS, and the NHFGD indicated that in the event findings from the American Eel Downstream Passage Study (Section 4.0) are inconclusive with regards to passage survival then Briar Hydro should incorporate American eel into the Downstream Fish Passage Survival Study. In the event an adequate estimate of project survival for eels can’t be determined based on the results of the eel telemetry study, turbine passage survival for adult eels at Rolfe Canal, PUF and PLF will be evaluated using the TBSA model. Following guidance in a December 8, 2020 USFWS memorandum, a strike mortality correlation factor (λ) of 0.4 will be used in any desktop calculations for adult eel passage.

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In the event this approach is required, proportional route usage from the field telemetry evaluation will be used to partition eels among available routes and passage of individuals via spill or bypasses will be estimated from site-specific or regionally available data. Route usage and survival rates will be combined to generate Project-specific and cumulative estimates of eel passage survival.

7.8 Data Analysis and Reporting Proportional route usage and route-specific survival rates will be obtained or estimated and the resulting Project-specific and cumulative passage survival rates for diadromous fish species will be evaluated for the three Projects. The results of these analyses will be compiled into a study report

7.9 Schedule This study will be conducted in 2021-2022 at a point in time when findings from the American Eel and Adult Alosine Downstream Passage Studies are available. The report summarizing the study findings will be provided to the resource agencies in advance of the 2022 field season (in the event any second year evaluations are required).

7.10 Level of Effort and Cost The Downstream Fish Passage Survival study is estimated to cost approximately $18,000 to complete.

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8 Water Quality Assessment

8.1 Study Requests The New Hampshire Department of Environmental Services (NHDES) requested Briar Hydro conduct a water quality study. NHDES indicated study results are necessary to inform the Clean Water Act §401 water quality certification process.

8.2 Resource Management Goals In their study request, NHDES cites RSA 485-A:8:

“It shall be the overall goal that all surface waters attain and maintain specified standards of water quality to achieve the purposes of the legislative classification.”

Therefore, the NHDES resource management goal is for all relevant water quality standards to be met in the Project vicinity. Under Section 401 of the Clean Water Act, NHDES must certify that the Project will comply with surface water quality standards

8.3 Goals and Objectives The goal of this study is to determine the spatial and temporal effects of operation of each of the three Projects on water quality and to compare results to state surface water quality standards.

Specific objectives for this study (at each Project) are to:

• Collect water temperature, dissolved oxygen (DO), pH, nutrients, chlorophyll-a and secchi disk data under various conditions of river flow, temperature and Project operating conditions; • Determine the spatial and temporal effects of Project operations on water quality; and • Determine compliance with New Hampshire surface water quality standards (Env-Wq 1700 and RSA 485-A:8).

8.4 Study Area The study area includes the reach of the Contoocook River upstream of the influence of the Rolfe Canal Project impoundment to the LPF tailrace, including the bypassed reaches.

8.5 Existing Information A summary of the monitoring conducted for Low Impact Hydropower Institute (LIHI) certification by Briar Hydro, including monitoring conducted by NHDES at the NHDES trend monitoring station (02-CTC) at the Penacook Lower Falls Project is provided in Table 8-1.

8.6 Project Nexus Operation of the three Projects may contribute to water quality impairments in the vicinity but there is insufficient current data to make accurate water quality assessments upstream and

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Reasons why existing information is not sufficient and why a more comprehensive study is requested include, but are not limited to, the following:

• Data Age: In order for NHDES to assess rivers for a particular parameter, the data must be no older than five years (unless the data shows the waterbody is impaired). Data collected for the Rolfe Canal Project is approximately eight years old and data collected at Penacook Upper and Lower Falls will “age out” for use in making water quality assessments in one to two years. • Monitoring locations: Data was not collected simultaneously at all locations needed to determine the impact of the Projects on water quality. These include a location upstream of each Project that is not impacted (for comparison to the impacted locations), the Project impoundment, tailrace, bypass reach and downstream of the bypass reach and tailrace. • Data loggers were not used to monitor dissolved oxygen at all locations. Continuous data is preferred to capture the DO diurnal cycle and to determine compliance with dissolved oxygen criteria (Env-Wq 1703.07) which includes an instantaneous minimum of 5 mg/L (which typically occurs in the early morning, and a minimum average daily percent saturation of 75 percent (which requires numerous measurements taken throughout the day). • Vertical profiles were not taken in all impoundments to determine the appropriate depth for setting the data logger according to state surface water quality standards (Env-Wq 1703.07) and to determine if the impoundment thermally stratifies. • No data was collected in the historic canal channel that bypasses the penstock and powerhouse at the Rolfe Canal Project. • Data was not collected at all three projects at the same time to identify cumulative effects. • The comprehensive dataset specified in NHDES monitoring guidance was not collected at all locations. Collection of such data helps to corroborate and validate the results. For example, elevated chlorophyll-a, are typically associated with high nutrient levels. Elevated chlorophyll-a can also cause high dissolved oxygen and pH during the day (due to photosynthesis and uptake of carbon dioxide by algae) and low dissolved oxygen and pH at night (due to respiration and release of carbon dioxide by algae) as well as low secchi disk (i.e., water clarity) readings. Nutrient data can therefore help explain and validate the chlorophyll-a (e.g., algae) and secchi disk readings, which can help explain the pH and dissolved oxygen swings. Sechhi disk readings also provide an estimate of the littoral zone depth. In addition, near-continuous flow data was not provided for

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inflow or in the bypass reach and tailrace which is needed to determine the impacts of flow through the Projects on water quality.

8.7 Methodology As requested in their September 29, 2020 letter, Briar Hydro will follow NHDES’ current monitoring and reporting guidance3 for dissolved oxygen, temperature, pH, nutrients, chlorophyll-a, clarity (secchi disk) and flow for hydropower projects conducting water quality studies to determine the spatial and temporal effects of Project operation (in terms of flow, impoundment elevation and power generation) on water quality and to determine compliance with New Hampshire surface water quality standards.

Per NHDES guidance, Briar Hydro will first develop a Sampling and Analysis Plan (SAP) for submission to and approval by NHDES for completing this water quality study. The SAP will detail the methods and locations for monitoring and identify the responsible analytical laboratory, including accreditations, for performing the laboratory analysis of water chemistry grab samples. The plan will also detail monitoring and QA/QC procedures for continuous water quality monitoring with deployed instrumentation and will be based on guidance in the US Geological Survey (USGS)’s publication “Guidelines and Standard Procedures for Continuous Water Quality Monitors: Station Operation, Record Computation, and Data Reporting ”. A description of data management, quality control procedures, and data correction procedures will also be presented in the sampling and analysis plan.

Water quality in the three Project areas will be characterized concurrently through a combination of continuous monitoring with deployed instruments, weekly discrete measurements with a mobile instrument to characterize vertical profiles in the three Project impoundments, and weekly grab sample collection for laboratory analysis of water chemistry. The water quality study will be designed to characterize nutrients and water chemistry in the Project impoundments and dissolved oxygen (DO), temperature, and pH variations upstream and downstream of each Project to assess Project effects on water quality and compliance with state water quality standards. The water quality study will occur during a five week period in mid- to late-summer when the effects of high water temperature and low base flows are most critical for aquatic life.

The monitoring program will utilize continuous monitoring water quality instruments (e.g. Onset HOBO U26 and MX2501) in twelve locations either described in the original NHDES study request or discussed during the March 3, 2021 consultation meeting:

• Mainstem Contoocook River upstream of influence of Rolfe Canal; • Rolfe Canal impoundment – upstream of York Dam • Rolfe Canal impoundment – upstream of the penstock intake dam; • Rolfe Canal tailrace;

3 NHDES Sampling Guidance #1 for Hydropower Studies (Dissolved Oxygen, Temperature, pH, Nutrients, Chlorophyll-a, Secchi Disk and Flow). September 28, 2020.

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• York Dam bypass reach; • Historic Canal channel; • PUF impoundment; • PUF bypass reach; • PUF tailrace; • PLF impoundment; • PLF bypass reach; and • PLF tailrace.

Final locations will be defined in the SAP. Instruments will be deployed with an anchor and buoy system and will be located at a mid-depth location in the water column, with the exception of the monitoring locations in the three Project impoundments where the instrument depth will be determined according to the presence or absence of vertical stratification as described in the NHDES sampling guidance document. Deployed instrumentation will be set to collect water quality data at 15 minute intervals and will remain deployed for the entirety of the five week study period. The deployed instruments will be retrieved weekly for data downloads and will also be maintained, cleaned, and calibrated.

In addition to continuous water quality monitoring at the twelve proposed locations, weekly vertical profiles will be collected using a mobile water quality instrument (e.g. YSI 6920 or equivalent) in the three Project impoundments (Rolfe Canal – upstream of York Dam and the penstock intake dam, PUF, and PLF). Prior to deployment of water quality instrumentation, the impoundment will be accessed by boat and depth measurements using an electronic sounder will be taken to locate a representative deep location for monitoring. Deep locations in impounded riverine reaches are most likely to experience stratification and subsequent water quality impairments and thus will be targeted for the continuous monitoring and vertical profiles. Weekly vertical profiles will occur concurrent with site visits to download continuous monitoring data. Each vertical profile will measure temperature, DO, and pH at regular intervals from near the water surface to near the impoundment bottom as described in the NHDES guidance document. Vertical profiles will start 0.1 meters from the surface with subsequent readings taken every 1.0 meter thereafter to a point 0.5 meters from the impoundment bottom. If the impoundment depth is less than 5 meters than the increment between profile readings will be decreased from 1.0 to 0.5 meters.

Secchi depth information and water samples for laboratory analysis will be obtained in the three Project impoundments at the same monitoring location as the continuous monitor and vertical profile. Secchi depth information will be recorded from the three Project impoundments (Rolfe Canal – upstream of York Dam and the penstock intake dam, PUF, and PLF). Water samples for laboratory analysis will be obtained from Rolfe Canal impoundment upstream of the penstock intake dam, PUF impoundment and PLF impoundment. Weekly samples will be collected for laboratory analysis of chlorophyll-a, total phosphorus, nitrate, nitrite, and total kjeldahl nitrogen (TKN). If thermal stratification is not present, all samples will be collected from the near-surface (25% of total depth), with the exception of chlorophyll-a, which will be collected as a water column composite sample for the upper 2/3 of the water

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column. If thermal stratification is present, nitrogen and phosphorous samples will be collected from the middle of the epilimnion, an additional phosphorous sample will be collected from the middle of the hypolimnion, and chlorophyll-a will be collected as a water column composite sample from the water surface to the middle of the thermocline.

8.8 Data Analysis and Reporting After completion of the field study all data will be quality controlled and a final data report will be prepared. Water quality data will be summarized and presented in a manner that demonstrates the spatial and temporal effects of project operations at Rolfe Canal, PUF and PLF in terms of flow, impoundment elevation and power generation on surface water quality and whether New Hampshire surface water quality standards are met. This summary report will include data tables, figures, and a narrative of the study and results. Final data will also be submitted to the NHDES Environmental Monitoring Database.

8.9 Schedule This study will be conducted in 2021. A report summarizing the study findings will be prepared and provided to NHDES and the other resource agencies in advance of the 2022 field season (in the event any second year evaluations are required).

8.10 Level of Effort and Cost The Water Quality Study is estimated to cost approximately $80,000 to complete.

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Table 8–1. Recent water quality data collection efforts for the Rolfe Canal, Penacook Upper Falls and Penacook Lower Falls Hydroelectric Projects Parameters Penacook Lower Falls Penacook Upper Falls Rolfe Canal Dissolved Oxygen (DO) Dataloggers deployed Dataloggers deployed Dataloggers deployed and Temperature by Licensee in August in the August of 2015 for 10 days in the of 2015, July 2016 and and 2016 in the summer by NHDES in August impoundment (03- (August/September) of 2017 in impoundment CTC) and downstream 2012 in bypass reach (02-CTC) and in the (02K-CTC). Vertical (03C-CTC) and tailrace 01G-CTC. profiles indicated no downstream of the Vertical profiles thermal stratification. bypass reach (03C- indicated no thermal CTC). Instantaneous stratification. measurements taken in the impoundment (03K-CTC).

Total Phosphorus (TP) Licensee collected 10 10 samples collected 10 samples collected and Chlorophyll-a (chl- samples between June between June and between June and a) and August 2015 in the August 2015. August 2012. impoundment (02- CTC). In summer of 2016 and 2017, NHDES collected additional samples at 02-CTC, which is a NHDES trend monitoring station.

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9 Freshwater Mussel Survey

9.1 Study Requests In their original study requests, the U.S. Fish and Wildlife Service (USFWS) and New Hampshire Fish and Game Department (NHFGD) requested Briar Hydro conduct a freshwater mussel survey. In the PSP Briar Hydro noted a lack of connection between Project operations and an effect on the resource. Briar Hydro currently operates the Rolfe Canal, PUF and PLF Projects in run-of-river (ROR) mode and as noted in the PAD is not proposing any new facilities or changes in operation for the new license period. Briar Hydro contended that in the event of maintenance activities at any of the three Projects requiring a drawdown of the impoundment or other temporary change in Project operations, Briar Hydro would consult with FERC, USFWS and/or NHFGD, as required, to mitigate any potential affects to state-listed mussels anticipated to be in the Project areas.

In their written comments on the PSP and during consultation at the March 3, 2021 PSP meeting, USFWS and NHFGD reiterated their request for a baseline freshwater mussel study in the Project area. To address this request, Briar Hydro has prepared a field-based approach to collect information on freshwater mussel species present in the Project impoundments, York Dam bypass reach, and section of the Contoocook River immediately downstream of PLF.

9.2 Resource Management Goals In their study requests, federal and state resource agencies described various jurisdictional resource management goals for this study, as summarized here:

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9.3 Goals and Objectives The goal of this study is to characterize the existing freshwater habitat and assess the presence and relative distribution freshwater mussels in the Rolfe Canal, PUF and PLF Project areas.

Specific objectives for this study (at each Project) are to:

• Survey the Project areas for suitable mussel habitat as well as determine species composition, distribution and abundance of freshwater mussel species; and • Evaluate potential Project effects on freshwater mussels.

9.4 Study Area The study area (Figure 9-1) includes the Rolfe Canal, PUF and PLF impoundments, York Dam bypass reach, and section of the Contoocook River immediately downstream of PLF. Unless the habitat mapping proposed as part of the instream flow study indicates substantial areas of suitable freshwater mussel habitat within the PUF and PLF bypass reaches or the historic canal those areas will not be considered during the field survey portion of the freshwater mussel study.

9.5 Existing Information In the PAD Briar Hydro indicated the potential for the state-listed Brook Floater (Alasmidonta varicosa) in the Project areas. No site-specific information on the freshwater mussel community is available.

9.6 Project Nexus Freshwater mussels may be negatively impacted by normal and maintenance operations at the Rolfe Canal, PUF and PLF Projects. This study will inform on species presence and habitat availability within the Project area.

9.7 Methodology A qualitative freshwater mussel survey of the Rolfe Canal, PUF, and PLF impoundments, York Dam bypass reach, and section of the Contoocook River immediately downstream of PLF. The survey will be conducted between the dates of May 1 and September 30 and will consist of visual surveys of the river bottom by several biologists using mask and snorkel. Although the majority of the survey work is anticipated in shallow water (4 feet or less), the survey crew will be prepared to dive selected areas, if necessary.

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Table 9-1 provides a list of the sample reaches, their total distance and the proposed maximum number of search locations within each. Search locations will be selected at representative locations within a particular Project area reach. Each search location will be 50 meters in length and oriented parallel to the shoreline with focus on the areas most likely to be affected by water level fluctuations. Given the amount of ledge and bedrock habitat, shoreline location will be selected in the field based on the likelihood to support mussels. Project staff will survey each search location to assess habitat as well as search for evidence of live mussel populations. Mussel searches will be conducted using both visual and tactile search methods. The width of each 50 meter segment will depend on river contours and bathymetry (maximum width of 5 meters).

At each search location, the crew will identify all live mussels observed and return them to the river bottom. Representative photographs of all live species observed will be recorded. Any state-listed species will be measured (shell length) and photographed. Common species such as the eastern elliptio (Elliptio complanata) will not be measured. Relative abundances will be recorded in areas of highly dense mussel communities. No quantitative sampling is proposed at this time.

The following data will be recorded at each interval:

• total survey time expended; • numbers and shell length of any state-listed species; • numbers of other live mussel species (relative abundances for common species observed in high numbers); • search location GPS coordinates; • range of water depth; • water clarity; • estimate of substrate composition (Wentworth Scale); and • estimate of aquatic vegetation presence.

Table 9–1. Proposed freshwater mussel search locations for Rolfe Canal, PUF and PLF Project areas Max # Search Reach Reach Length (miles) Locations Rolfe Canal impoundment 9.0 12 York Dam bypass reach 0.8 2 Rolfe Canal to PUF 0.6 3 PUF to PLF 0.4 3 Downstream of PLF 0.2 2 Total Reach 11.0 22

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9.8 Schedule This study will be conducted in 2021. A report summarizing the study findings will be prepared and provided to the resource agencies in advance of the 2022 field season (in the event any second year evaluations are required).

9.9 Level of Effort and Cost The Freshwater Mussel Study is estimated to cost approximately $30,000 to complete.

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Figure 9-1. Proposed freshwater mussel survey locations for the Rolfe Canal, Penacook Upper and Penacook Lower Falls.

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10 Process Plan and Schedule Activity Schedule Comment a) File NOIs, PAD and Request for TLP November 29, 2019 Existing licenses expire on 11/30/2024 b) Publish notice of the filing of NOI, PAD and December 9, 2019 Request for TLP in a daily or weekly newspaper in each county c) Deadline for public comment on request to use December 28, 2019 TLP First Stage Consultation (Pre-Application) d) Host joint meeting and site visit Meeting: June 18, 2020 Site visit: July 28, 2020 e) Study scoping & planning August 2020-March 2021 1. Deadline to receive written Agency September 29, 2020 comments and study requests 2. Proposed Study Plan distributed to December 15, 2020 stakeholders 3. Deadline to receive comments on January 31, 2021 Proposed Study Plan 4. Meeting to finalize Study Plan March 3, 2021 5. Revised Study Plan distributed to March 31, 2021 stakeholders Second Stage Consultation (Information Gathering and Studies) f) Conduct Studies 1. IFIM and Habitat Assessment June-September, 2021 2. American eel downstream passage October-November, 2021 3. American eel upstream passage June-August, 2021 4. Adult alosine downstream passage May-June, 2021 5. Upstream and downstream fish passage January-March, 2022 feasibility 6. Downstream fish passage survival January-March, 2022 7. Water quality July-August, 2021 8. Freshwater mussel survey July-August, 2021 g) Prepare draft license June, 2022 Contains results of studies requested by agencies, discussion of study results, and proposed protection, mitigation and enhancement measures h) Distribute draft license application with written July, 2022 request for review/comment i) Receive agency comments Within 90 days of draft issuance j) Second study season, if necessary k) If there is substantive disagreement, hold a joint Within 60 days of receipt of meeting to consult with disagreeing party comment; Must provide 15 days' notice to FERC Second Stage Consultation (Information Gathering and Studies) l) File license application with FERC November, 2022 Must be filed no later than 24 months before the existing license expires (deadline 11/30/2022)

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11 Appendices Appendix A. Resource Agency Study Request Letters.

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Appendix B. Resource Agency Comments on the Preliminary Study Plan

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