Notice2023-27226
Briar Hydro Associates, LLC; Notice Soliciting Scoping Comments
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Published
December 12, 2023
Issuing agencies
Energy DepartmentFederal Energy Regulatory Commission
Full Text
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<title>Federal Register, Volume 88 Issue 237 (Tuesday, December 12, 2023)</title>
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[Federal Register Volume 88, Number 237 (Tuesday, December 12, 2023)]
[Notices]
[Pages 86125-86127]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-27226]
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DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
[Project No. 3240-040, Project No. 6689-018, Project No. 3342-025]
Briar Hydro Associates, LLC; Notice Soliciting Scoping Comments
Take notice that the following hydroelectric applications have been
filed with the Commission and is available for public inspection.
a. Type of Applications: New License.
b. Project Nos.: P-3240-040, P-6689-018, and P-3342-025.
c. Date Filed: November 30, 2022.
d. Applicant: Briar Hydro Associates, LLC.
e. Names of Projects: Rolfe Canal Hydroelectric Project, Penacook
Upper Falls Hydroelectric Project, and Penacook Lower Falls
Hydroelectric Project (the projects).
f. Locations: The Rolfe Canal and the Penacook Upper Falls Projects
are on the Contoocook River in the City of Concord in Merrimack County,
New Hampshire. The Penacook Lower Falls Project is located on the on
the Contoocook River in the Town of Boscawen in Merrimack County, New
Hampshire.
g. Filed Pursuant to: Federal Power Act 16 U.S.C. 791(a)-825(r).
h. Applicant Contact: Andrew J. Locke, Essex Hydro Associates, LLC,
55 Union Street, Boston, MA 02108; (617) 357-0032; email_
<a href="/cdn-cgi/l/email-protection" class="__cf_email__" data-cfemail="accdc0c3cfc7c9ecc9dfdfc9d4c4d5c8dec382cfc3c1">[email protected]</a>.
i. FERC Contact: Jeanne Edwards at (202) 502-6181; or email at
<a href="/cdn-cgi/l/email-protection#761c13171818135813120117041205361013041558111900"><span class="__cf_email__" data-cfemail="3c56595d5252591259584b5d4e584f7c5a594e5f125b534a">[email protected]</span></a>.
j. Deadline for filing scoping comments: January 5, 2024.
The Commission strongly encourages electronic filing. Please file
scoping comments using the Commission's eFiling system at <a href="https://ferconline.ferc.gov/FERCOnline.aspx">https://ferconline.ferc.gov/FERCOnline.aspx</a>. Commenters can submit brief
comments up to 6,000 characters, without prior registration, using the
eComment system at <a href="https://ferconline.ferc.gov/QuickComment.aspx">https://ferconline.ferc.gov/QuickComment.aspx</a>. You
must include your name and contact information at the end of your
comments. For assistance, please contact FERC Online Support at
<a href="/cdn-cgi/l/email-protection#d1979483929ebfbdb8bfb482a4a1a1bea3a591b7b4a3b2ffb6bea7"><span class="__cf_email__" data-cfemail="31777463727e5f5d585f54624441415e434571575443521f565e47">[email protected]</span></a>, (866) 208-3676 (toll free), or (202) 502-
8659 (TTY). In lieu of electronic filing, you may submit a paper copy.
Submissions sent via the U.S. Postal Service must be addressed to:
Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 888
First Street NE, Room 1A, Washington, DC 20426. Submissions sent via
any other carrier must be addressed to: Kimberly D. Bose, Secretary,
Federal Energy Regulatory Commission, 12225 Wilkins Avenue, Rockville,
MD 20852. All filings must clearly identify the following on the first
page: Rolfe Canal Project No. 3240-040, and/or Penacook Upper Falls
Project No. 6689-018, and/or the Penacook Lower Falls Project No. 3342-
025.
The Commission's Rules of Practice and Procedure require all
interveners filing documents with the Commission to serve a copy of
that document on each person on the official service list for the
project. Further, if an intervener files comments or documents with the
Commission relating to the merits of an issue that may affect the
responsibilities of a particular resource agency, they must also serve
a copy of the document on that resource agency.
k. The applications are not ready for environmental analysis at
this time.
l. Project Descriptions:
The Rolfe Canal Project diverts water at the York Dam into the
Rolfe Canal and consists of the following existing facilities: (1) York
impoundment with a surface area of 50-acres, at an elevation of 342.5
feet National Geodetic Vertical Datum 1929 (NGVD29); (2) a 300-foot-
long, 10-foot-high diversion dam (York Dam); (3) a 50-foot-wide
concrete gated intake structure; (4) a 7,000-foot-long, 75-foot-wide,
and 9-foot-deep power canal; (5) an additional impoundment with a
surface area of 3-acres, at an elevation of 342.5 feet NGVD29, and a
negligible storage capacity, created by a 130-foot-long, 17-foot-high
granite block intake dam at the end of the power canal; (6) a 950-foot-
long underground penstock; (7) a 32-foot-wide by 90-foot-long, concrete
powerhouse containing one Kaplan turbine-generating unit with a
capacity of 4.285 megawatts; (8) a 1,200-foot-long tailrace; (9)
transmission facilities consisting of a three-phase 4.16/34.5-kilovolt
(kV) transformer; and a 34.5-kV, 650-foot-long transmission line; and
(10) other appurtenances. The project has a 4,000-foot-long York Dam
bypassed reach and a 2,400-foor-long Rolfe Canal bypassed reach.\1\
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\1\ In the Final License Application, Briar Hydro refers to the
portion of the Rolfe Canal below the penstock intake dam as the
``historic channel''. Staff refers to this reach as the Rolfe Canal
bypassed reach.
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The Rolfe Canal Project recreation facilities include: (1) a boat
launch, located about 2,200 feet upstream of the York Dam; and (2) an
unpaved parking area near the launch, which provides 7 parking spaces
with additional parking space for vehicles with trailers situated along
the boat launch access road.
[[Page 86126]]
The Penacook Upper Falls Project consists of the following existing
facilities: (1) an impoundment with a surface area of 11.4-acres at an
elevation of 306.0 feet NGVD29; (2) a 21-foot-high, 187-foot-long
timber stoplog dam with a gated concrete spillway; (3) a 58-foot-wide,
15-foot-long forebay; (4) a 12.5-foot-wide, 39.3-foot-high trashrack,
with 3.5-inch clear bar spacing; (5) a 44-foot-wide by 81-foot-long,
concrete powerhouse, integral to the dam containing one Kaplan turbine
generating unit with a capacity of 3.02 megawatts; (6) a 350-foot-long,
47-foot-wide tailrace; (7) transmission facilities consisting of a
4.16/34.5- kilovolt (kV) transformer and a 50-foot-long, 34.5-kV
transmission line; and (8) other appurtenances.
The Upper Falls Project recreation facilities include a public park
(Penacook Downtown River Park or Riverside Park) located 730 feet
upstream from the dam on the east side of the impoundment. It was
originally developed by Briar Hydro and the City of Concord. The park
includes an amphitheater, which abuts and overlooks the impoundment.
The park, which is operated and maintained by the City of Concord, is a
non-project amenity.
The Penacook Lower Falls Project consists of the following existing
facilities: (1) an impoundment with a surface area of 8.4-acres at an
elevation of 278.6 feet NGVD29; (2) a concrete dam with a 15-foot-long,
70-foot-wide forebay; a 106-foot-long, gated spillway, a 316-foot-long
auxiliary spillway; and a 140-foot-long, gated diversion structure; (3)
a 23.3-foot-long, 46.1-foot-high trash rack with a 3.625-inch clear
spacing; (4) a 35-foot-wide by 97.5-foot-long concrete powerhouse,
integral with the spillway, containing one Kaplan style turbine-
generator unit with a capacity of 4.6 megawatts; (5) a 700-foot-long,
45-foot wide tailrace; (6) transmission facilities consisting of a
4.16/34.5 kilovolt (kV) transformer and 200-foot-long, 34.5-kV
transmission line; and (7) other appurtenances.
The Lower Falls Project recreation facilities include: (1) a boat
launch, located about 1,000 feet downstream of the Lower Falls
powerhouse on the southern bank of the Contoocook River; and (2) an
unpaved parking area near the boat launch for up to 20 vehicles, with a
vehicle turnaround area.
As required by their current licenses, the Rolfe Canal, Upper
Penacook Falls, and Lower Penacook Falls Projects operate in run-of-
river mode. When flows exceed the combined capacity of the projects'
turbines, excess flows are passed over the dam spillways. To enhance
downstream eel passage at the projects, Briar Hydro conducts nightly
shutdowns of the generating facilities for three nights after any rain
event of 0.25 inches or more within a 24-hour period: (1) during the
downstream eel migrating season (August 15 through November 1); or (2)
whenever the Contoocook River drops to a water temperature of 50
degrees Fahrenheit ([deg]F), whichever occurs first.
At the Rolf Canal Project, the current license requires the release
of a continuous minimum flow of 5 cubic feet per second (cfs) below the
penstock intake dam (Rolfe Canal bypassed reach), and a continuous
minimum flow of 50 cfs to the York bypassed reach.
At the Upper Falls Project, the current license requires the
project to operate the existing upstream passage eel lift, annually,
from June 1 through September 15,\2\ and operate the existing
downstream salmon fish passage, annually, to pass Atlantic salmon
through a converted spillway bay leading to a fish sluice discharged
into the tailrace.\3\
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\2\ The existing upstream eel lift at the Upper Falls Project is
located on the west side of the spillway. Migrant eels are lifted
upstream in the bypassed reach to a tank where they are collected,
weighed, counted, and measured before being transferred to the head
pond.
\3\ Currently, the existing downstream fish passage for Atlantic
salmon is not in use at the Upper Falls Project. In 2013, the FWS
ended its participation in the Merrimack River Salmon Restoration
Program and stocking efforts of Atlantic salmon in New Hampshire, as
the Central New England District Populating Segment of Atlantic
salmon is considered extirpated (65 FR 69,459-69,483 [November 17,
2000]). The existing downstream salmon fish passage at the Upper
Falls Project is located a spillway bay west of the powerhouse.
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At the Lower Falls Project, the current license requires the
project to operate the existing downstream salmon fish passage,
annually, to pass Atlantic salmon to a converted spillway bay leading
to a series of plunge pools discharged into the tailrace.\4\
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\4\ The existing downstream fish passage for Atlantic salmon at
the Lower Falls Project is located on the west end of the spillway
in a modified spillway bay, adjacent to the powerhouse and is not in
use as discussed.
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Briar Hydro proposes to operate the projects with the following
environmental measures: (1) continue a run-of-river operation at the
projects; (2) install a new 0.75-inch clear-space screen over the
existing trash racks at the project turbine intakes (i) from August 15
through November 15,\5\ (ii) from May 15 through July 15, beginning
after a trap-and-haul fish passage program is established at the Lower
Falls Project, to prevent entrainment of outmigrating American shad,
alewife, and blueback herring (alosines, collectively), (iii) whenever
water temperatures in the Contoocook River drop to 50[deg]F, and (iv)
from August 15 through November 15, discontinue night-time shutdowns at
the projects once the new 0.75-inch overlays are installed; (3) operate
the project intakes so the average approach velocity would not exceed 2
feet per second when the new 0.75-inch overlays are installed; (4)
construct a new downstream fish passage at the Rolfe Canal and Lower
Falls Projects; (5) provide a minimum flow of 100 cubic feet per second
(cfs) to the York bypassed reach and 30 cfs to the Rolfe Canal bypassed
reach; (6) conduct a feasibility and effectiveness flow study in the
Rolfe Canal bypassed reach; (7) install a new roughed channel eel
ladder, annually, from June 1 through September 15 for upstream eel
passage at the Rolfe Canal and Lower Falls Projects; (8) continue
operating the existing upstream passage eel lift at the Upper Falls
Project; (9) develop a protection plan for brook floater mussels during
planned drawdowns at York Dam; (10) operate the existing downstream
fish passage, annually at the Upper Falls Project, for outmigrating
American eels and alosines from August 15 through November 15 and May
15 through July 15; (11) construct a trap and haul facility for
upstream passage for diadromous fish,\6\ to operate at the Lower Falls
Project from May 1 to June 30, beginning five years after any new
license is issued, and a plan to transport fish from the Lower Falls
Project to the boat ramp at the Rolfe Canal Project; (12) construct a
new bar rack intake support structure for two 0.75-inch clear bar
racks, a new wide-slot bar rack; (13) construct a new surface
downstream bypass system at the Lower Falls Project; and (14) continue
to maintain the boat launch, including the parking area and access road
at the Rolfe Canal and Lower Falls Projects.
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\5\ Briar Hydro proposes to extend the downstream passage season
for eels to end on November 15 or when water temperatures drop
50[deg]F, whichever comes first.
\6\ Diadromous fish include American shad, alewife, blueback
herring and American eel.
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m. Copies of the applications can be viewed on the Commission's
website at <a href="https://www.ferc.gov">https://www.ferc.gov</a> using the ``eLibrary'' link. Enter the
project's docket number excluding the last three digits in the docket
number field to access the document. For assistance, contact FERC
Online Support.
You may also register at <a href="https://ferconline.ferc.gov/FERCOnline.aspx">https://ferconline.ferc.gov/FERCOnline.aspx</a> to be notified via email of new filings and issuances
related to this or other pending projects. For assistance, please
[[Page 86127]]
contact FERC Online Support at <a href="/cdn-cgi/l/email-protection#b9fffcebfaf6d7d5d0d7dceaccc9c9d6cbcdf9dfdccbda97ded6cf"><span class="__cf_email__" data-cfemail="f7b1b2a5b4b8999b9e9992a4828787988583b791928594d9909881">[email protected]</span></a>.
The Commission's Office of Public Participation (OPP) supports
meaningful public engagement and participation in Commission
proceedings. OPP can help members of the public, including landowners,
environmental justice communities, Tribal members and others, access
publicly available information and navigate Commission processes. For
public inquiries and assistance with making filings such as
interventions, comments, or requests for rehearing, the public is
encouraged to contact OPP at (202) 502-6595 or <a href="/cdn-cgi/l/email-protection#92ddc2c2d2f4f7e0f1bcf5fde4"><span class="__cf_email__" data-cfemail="5e110e0e1e383b2c3d70393128">[email protected]</span></a>.
n. Scoping Process.
Pursuant to the National Environmental Policy Act (NEPA),
Commission staff intends to prepare either an environmental assessment
(EA) or an environmental impact statement (EIS) (collectively referred
to as the ``NEPA document'') that describes and evaluates the probable
effects, including an assessment of the site-specific and cumulative
effects, if any, of the proposed action and alternatives. The
Commission's scoping process will help determine the required level of
analysis and satisfy the NEPA scoping requirements, irrespective of
whether the Commission issues an EA or an EIS.
At this time, we do not anticipate holding on-site scoping
meetings. Instead, we are soliciting written comments and suggestions
on the preliminary list of issues and alternatives to be addressed in
the NEPA document, as described in scoping document 1 (SD1), issued
December 6, 2023.
Copies of the SD1 outlining the proposed project and subject areas
to be addressed in the NEPA document were distributed to the parties on
the Commission's mailing list and the applicant's distribution list.
Copies of SD1 may be viewed on the web at <a href="http://www.ferc.gov">http://www.ferc.gov</a> using the
``eLibrary'' link (see item m above).
Dated: December 6, 2023.
Kimberly D. Bose,
Secretary.
[FR Doc. 2023-27226 Filed 12-11-23; 8:45 am]
BILLING CODE 6717-01-P
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.