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Swan Falls Project Consultation Appendix

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Swan Falls Project Consultation Appendix Idaho Power Company Consultation Technical Appendix CONSULTATION SUMMARY, RELATED CHARTS, AND CORRESPONDENCE APPLICATION FOR NEW LICENSE SWAN FALLS PROJECT FERC NO. 503 Narrative Summary of Idaho Power Company’s Consultation Efforts New License Application for the Swan Falls Hydroelectric Project Consultation Appendix Swan Falls Project June 2008 FERC No. 503 © 2008 Idaho Power Idaho Power Company Consultation Appendix TABLE OF CONTENTS Table of Contents............................................................................................................................. i Introduction......................................................................................................................................1 Consultation Overview ....................................................................................................................1 Informal Consultation ......................................................................................................................2 First Stage Formal Consultation Pursuant to 18 CFR § 16.8...........................................................5 Formal Consultation Package, Including Study Recommendations—March 2005 ..................5 Aquatic Resources ...............................................................................................................5 Wildlife Resources...............................................................................................................6 Botanical Resources.............................................................................................................6 Historical and Archaeological Resources ............................................................................6 Recreation Resources...........................................................................................................6 Land Management ...............................................................................................................7 Aesthetic Resources.............................................................................................................7 Aquatic.................................................................................................................................7 Wildlife ................................................................................................................................7 Botanical ..............................................................................................................................7 Historical and Archaeological..............................................................................................8 Recreation ............................................................................................................................8 Land Management ...............................................................................................................8 Distribution of the Formal Consultation Package in Accordance with 18 CFR § 16.8—March 10, 2005 ...................................................................................................8 Formal Site Tour and JAPC Meeting—May 2, 2005 ..............................................................10 Agency Comments Received on the Formal Consultation Package for Relicensing .............10 Federal Agencies................................................................................................................10 State Agencies of Idaho .....................................................................................................11 Non-governmental Organizations......................................................................................11 Second Stage Formal Consultation Pursuant to 18 CFR § 16.8 ....................................................11 Swan Falls Project (FERC No. 503) Page i Consultation Appendix Idaho Power Company Distribution of Draft New License Application for the Swan Falls Project (FERC No. 503) ..........................................................................................................................11 Joint Agency Meeting Pursuant to 18 CFR 16.8(c)(6)(i) ........................................................12 An Overview of the Traditional FERC Relicensing Consultation Process ...................................15 An Overview of the Applicant’s Relicensing Consultation Process .............................................16 Page ii Swan Falls Project (FERC No. 503) Idaho Power Company Consultation Appendix INTRODUCTION The following narrative summarizes consultation and related efforts leading to the filing of the New License Application: Swan Falls Hydroelectric Project (FERC Project No. 503). Documents supporting and detailing the process generally referenced in this narrative summary appear in Attachments A through F. Attachment G includes the Applicant’s Clean Water Act § 401 water quality certification request, and Attachment H includes other correspondence related to relicensing studies. CONSULTATION OVERVIEW Federal Energy Regulatory Commission (FERC) regulations require that the Applicant consult with appropriate state and federal agencies and Indian tribes. Throughout the relicensing process, the Applicant involved these agencies and tribes, as well as any other agencies, tribes, counties, cities, non-governmental organizations, or groups that expressed interest in the process for relicensing the Swan Falls Project. The Applicant used what has become known as the Traditional Licensing Process (TLP) for the Swan Falls Project. The process is generally viewed as requiring less upfront consultation between the Applicant and stakeholders. However, in processes where the issues are few and the potential for conflict is low, the need for upfront consultation is diminished. Such was the case with the Swan Falls Project, especially since the project has recently gone through a relicensing phase and became fully operational under the new license in the early 1990s. Notwithstanding the above, there is considerable flexibility to include broader consultation within the TLP. Therefore, recognizing the benefits of broader consultation among relicensing stakeholders, the Applicant began this relicensing process by holding an informal consultation meeting in May 2004. The purpose of the meeting was to familiarize participants with the Swan Falls Project and to gain a better understanding of resource issues and concerns they believed the Applicant should consider during the relicensing process. In March 2005, the Applicant initiated the first formal stage of consultation by submitting the Formal Consultation Package for Relicensing: Swan Falls Project (FCP) for review and comment. The development of the FCP was aided by the May 2004 informal consultation meeting. The release of the FCP was followed by a site tour and a joint agency public consultation (JAPC) meeting in May 2005. The purpose of the JAPC meeting was to present the information included in the FCP to agencies, tribes, and other interested parties and receive feedback on the proposed studies, including their scope and whether other studies were needed. The first stage of consultation concluded when written comments on the FCP were due by July 1, 2005. There were no comments at the JAPC meeting or in written comments received that recommended additional studies or significant modifications to the proposed studies. In June 2007, the Applicant conducted a second informal consultation meeting with interested parties to review study results and discuss potential protection, mitigation, and enhancement measures, including providing an opportunity for participants to identify additional measures. Swan Falls Project (FERC No. 503) Page 1 Consultation Appendix Idaho Power Company The Applicant also took the opportunity to update participants on the remaining steps and timelines for relicensing the Swan Falls Project. No major concerns were raised about the studies or the potential measures at the meeting. The second stage of formal consultation was initiated when the Applicant submitted its draft New License Application: Swan Falls Hydroelectric Project in September 2007 to stakeholders for their review and comment. Subsequent to submitting the draft, the Applicant received comment letters from stakeholders regarding the information, including proposed protection, mitigation, and enhancement (PM&E) measures, contained in the draft. Pursuant to FERC regulations, the Applicant conducted a joint meeting on February 19, 2008, with agencies and tribes, as well as other interested parties, to attempt to reach agreement on resource impacts and the Applicant’s plan to protect, mitigate impacts to, or enhance the environment affected by Swan Falls operations. The meeting was productive, and the Applicant was able to resolve most of the disagreements. The Applicant has also responded to comments received on the draft license application. New measures that were recommended by agencies have been added to the relevant PM&E sections of the final license application, along with the Applicant’s reasons for either accepting or rejecting them. The following sections summarize the Applicant’s consultation under each phase of this relicensing process. INFORMAL CONSULTATION In an effort to familiarize agencies, tribes, and the public with the project and to gain a better understanding of the important resources issues, the Applicant held an informal consultation meeting on Wednesday, May 26, 2004. The overall relicensing process also was discussed
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