City of Aspen; Notice of Scoping Period Requesting Comments on Environmental Issues for the Proposed Maroon Creek Hydroelectric Project

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<title>Federal Register, Volume 91 Issue 197 (Wednesday, October 14, 2026)</title>
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[Federal Register Volume 91, Number 197 (Wednesday, October 14, 2026)]
[Notices]
[Pages 65201-65203]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-20996]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 10441-020]


City of Aspen; Notice of Scoping Period Requesting Comments on 
Environmental Issues for the Proposed Maroon Creek Hydroelectric 
Project

    Take notice that the following hydroelectric application has been 
filed with the Commission and is available for public inspection.
    a. Type of Application: Subsequent Minor License.
    b. Project No.: 10441-020.
    c. Date Filed: April 8, 2025.
    d. Applicant: City of Aspen.
    e. Name of Project: Maroon Creek Hydroelectric Project.
    f. Location: On Maroon Creek near the city of Aspen in Pitkin 
County, Colorado. The project occupies 0.575 acres of land managed by 
the U.S. Forest Service in the White River National Forest.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791(a)-825(r).
    h. Applicant Contact: Mr. Phil Overeynder, Utility Director, 427 
Rio Grande Place, Aspen, CO 81611, (970) 920-5000, 
<a href="/cdn-cgi/l/email-protection#fe8e969792d091889b8c9b87909a9b8cbe9f8d8e9b90d0999188"><span class="__cf_email__" data-cfemail="7e0e1617125011081b0c1b07101a1b0c3e1f0d0e1b1050191108">[email&#160;protected]</span></a>.
    i. FERC Contact: Jane Dalgliesh, Coordinator, West Branch, Division 
of Hydropower Licensing; (503) 552-2718; <a href="/cdn-cgi/l/email-protection#adc7ccc3c883c9ccc1cac1c4c8dec5edcbc8dfce83cac2db"><span class="__cf_email__" data-cfemail="5d373c333873393c313a3134382e351d3b382f3e733a322b">[email&#160;protected]</span></a>.
    j. The staff of the Federal Energy Regulatory Commission (FERC or 
Commission) will prepare an environmental document that will discuss 
the environmental effects of relicensing the Maroon Creek Hydroelectric 
Project. The Commission will use this environmental document in its 
decision-making process to determine whether to issue a new license for 
the project.
    k. This notice announces the opening of the scoping process the 
Commission will use to gather input from the public and interested 
agencies regarding the project. This notice is intended to advise all 
participants as to the potential scope of the National Environmental 
Policy Act (NEPA) document and to seek additional information pertinent 
to this analysis. Commission staff does not intend to issue a separate 
scoping document.
    As part of the NEPA review process, the Commission takes into 
account concerns the public may have about proposals and the 
environmental effects that could result from its action whenever it 
considers the issuance of a hydropower license. This gathering of 
public input is referred to as ``scoping.'' The main goal of the 
scoping process is to focus the analysis in the environmental document 
on the important environmental issues.
    l. Scoping Comments: By this notice, the Commission requests 
written public comments on the scope of issues to address in the 
environmental document. To ensure that your comments are timely and 
properly recorded, please submit your comments so that the Commission 
receives them in Washington, DC by 5:00 p.m. Eastern Time on November 
9, 2026.
    Comments should focus on the potential environmental effects and 
reasonable alternatives. Your input will help the Commission staff 
determine what issues they need to evaluate in the environmental 
document. Commission staff will consider all written and oral comments 
during the preparation of the environmental document.
    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 10,000 characters, without prior registration, using the 
eComment system at <a href="https://ferconline.ferc.gov/QuickComment.aspx">https://ferconline.ferc.gov/QuickComment.aspx</a>. For 
assistance, please contact FERC Online Support at 
<a href="/cdn-cgi/l/email-protection#591f1c0b1a16373530373c0a2c2929362b2d193f3c2b3a773e362f"><span class="__cf_email__" data-cfemail="c0868592838faeaca9aea593b5b0b0afb2b480a6a5b2a3eea7afb6">[email&#160;protected]</span></a>, (866) 208-3676 (toll free), or (202) 502-
8659

[[Page 65202]]

(TTY). In lieu of electronic filing, you may submit a paper copy. 
Submissions sent via the U.S. Postal Service must be addressed to: 
Debbie Anne A. Reese, Secretary, Federal Energy Regulatory Commission, 
888 First Street NE, Room 1A, Washington, DC 20426. Submissions sent 
via any other carrier must be addressed to: Debbie-Anne A. Reese, 
Secretary, Federal Energy Regulatory Commission, 12225 Wilkins Avenue, 
Rockville, MD 20852. All filings must clearly identify the project name 
and docket number on the first page: Maroon Creek Hydroelectric Project 
(P-10441-020).
    The Commission's Rules of Practice and Procedure require all 
intervenors 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 intervenor 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.
    m. The application is not ready for environmental analysis at this 
time.
    n. Project Description: The existing project consists of (a) a 10-
foot-high, 40-foot-long reinforced concrete dam with a crest elevation 
of 8,245.75 feet mean sea level (the Maroon Creek diversion dam); (b) a 
small impoundment; (c) an intake structure at the dam; (d) a 39-inch-
diameter, 5,563-foot-long buried reinforced concrete penstock; (e) a 
27-inch-diameter, 1,317-foot-long buried reinforced concrete penstock 
together with a 110-foot section of steel penstock at the plant site; 
(f) a powerhouse with a 450-kilowatt (kW) turbine-generator unit; (g) a 
200-foot-long trapezoidal open channel tailrace, returning the water to 
Maroon Creek; (h) 0.48-kilovolt (kV) generator leading to a three-
phase, 0.48/24.9 kV step-up transformer; (i) an approximately 400-foot-
long, 24.9 kV overhead power line tap connection to the Aspen Highlands 
circuit operated by Holy Cross Energy; and (j) appurtenant facilities.
    The City of Aspen proposes the addition of up to 50 kW of 
generating capacity through two new small turbines, with two new 
attached generators placed at the existing diversion dam. These new 
units would generate power from the bypass flows released from the 
diversion dam without changing the timing or the amount of those 
releases. Flows utilized by new generation equipment would be returned 
to the same location on the stream immediately below the dam and 
headgate.
    In addition, the City of Aspen proposes to continue implementing 
the following measures that are a part of the current license: (1) 
maintain a minimum flow of 6 cfs in the project's bypass reach, as 
measured immediately downstream from the confluence with Willow Creek, 
located a fourth of a mile downstream from the project's diversion dam, 
or maintain the natural flow in Maroon Creek downstream of the 
confluence with Willow Creek, whichever is less; (2) maintain 
streamflow gages to monitor minimum flow; (3) maintain the fish 
screening structure at the powerhouse intake; (4) use best management 
practices to minimize dust, noise, and traffic impacts to residents 
during delivery of equipment and construction; (5) revegetate any 
disturbed land surfaces; and (6) consult with Colorado Parks and 
Wildlife during the final design of the project.
    o. A copy of the application, with details of the proposed project, 
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 (P-
10441-020). For assistance, contact FERC at <a href="/cdn-cgi/l/email-protection#80c6c5d2c3cfeeece9eee5d3f5f0f0eff2f4c0e6e5f2e3aee7eff6"><span class="__cf_email__" data-cfemail="4f090a1d0c00212326212a1c3a3f3f203d3b0f292a3d2c61282039">[email&#160;protected]</span></a>, 
(866) 208-3676 (toll free), or (202) 502-8659 (TTY).
    p. NEPA Process and the Environmental Document: Any environmental 
document issued by the Commission will discuss effects that could occur 
as a result of the project's relicensing under the relevant general 
resource areas, such as:
    <bullet> geology and soils;
    <bullet> aquatic resources;
    <bullet> terrestrial resources;
    <bullet> threatened and endangered species;
    <bullet> recreation, land use, and aesthetic resources;
    <bullet> cultural resources; and
    <bullet> developmental resources.
    Commission staff will also evaluate reasonable alternatives to the 
proposed project or portions of the project and make recommendations on 
how to lessen or avoid effects on the various resource areas. Your 
comments will help Commission staff identify and focus on the issues 
that might have an effect on the human environment and potentially 
eliminate others from further discussion in the environmental document.
    Following this scoping period, Commission staff will determine 
whether to prepare an Environmental Assessment (EA) or an Environmental 
Impact Statement (EIS). The EA or EIS will present Commission staff's 
independent analysis of the issues. If Commission staff prepares an EA, 
a Notice of Intent to Prepare an Environmental Assessment will be 
issued. The EA may be issued for an allotted public comment period. The 
Commission would consider timely comments on the EA before making its 
decision regarding the proposed project. If Commission staff prepares 
an EIS, a Notice of Intent to Prepare an Environmental Impact Statement 
will be issued. Staff will then prepare a draft EIS which will be 
issued for public comment. Commission staff will consider all timely 
comments received during the comment period on the draft EIS and revise 
the document, as necessary, before issuing a final EIS. Any EA or draft 
and final EIS will be available in electronic format in the public 
record through eLibrary. If eSubscribed, you will receive instant email 
notification when the environmental document is issued (see paragraph 
(s) of this notice for instructions on using eSubscription).
    q. For public inquiries and assistance with making filings such as 
interventions, comments, or requests for rehearing, contact the Office 
of Public Participation at (202) 502-6595 or <a href="/cdn-cgi/l/email-protection#c08f909080a6a5b2a3eea7afb6"><span class="__cf_email__" data-cfemail="efa0bfbfaf898a9d8cc1888099">[email&#160;protected]</span></a>.
    r. This notice is being distributed to the Commission's official 
mailing list for the project and any additional entities on the 
applicant's distribution list. You can access the Commission's official 
mailing list for this project at Mailing List/Recipients By State. If 
you want to receive future mailings for the project and are not 
included on the Commission's official mailing list, or if you wish to 
be removed from the Commission's official mailing list, please send 
your request by email to <a href="/cdn-cgi/l/email-protection#f8bebdaabbb7969491969dab8d8888978a8cb89e9d8a9bd69f978e"><span class="__cf_email__" data-cfemail="65232037262a0b090c0b00361015150a171125030017064b020a13">[email&#160;protected]</span></a>. In lieu of an 
email request, you may submit a paper request. Submissions sent via the 
U.S. Postal Service must be addressed to: Debbie-Anne A. Reese, 
Secretary, Federal Energy Regulatory Commission, 888 First Street NE, 
Room 1A, Washington, DC 20426. Submissions sent via any other carrier 
must be addressed to: Debbie-Anne A. Reese, Secretary, Federal Energy 
Regulatory Commission, 12225 Wilkins Avenue, Rockville, MD 20852. All 
written or emailed requests must specify your wish to be added to or 
removed from the mailing list and must clearly identify the following 
on the first page: Maroon Creek Hydroelectric Project No. 10441-020.
    Additionally, the Commission offers a free service called 
eSubscription, which makes it easy to stay informed of all issuances 
and submittals regarding the

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dockets/projects to which you subscribe. These instant email 
notifications are the fastest way to receive notification and provide a 
link to the document files which can reduce the amount of time you 
spend researching proceedings. Go to <a href="https://www.ferc.gov/ferc-online/overview">https://www.ferc.gov/ferc-online/overview</a> to register for eSubscription.
    In addition to publishing the full text of this notice in the 
Federal Register, the Commission provides all interested persons an 
opportunity to view and/or print the contents of this notice, as well 
as other documents in the proceeding (e.g., license application) via 
the internet through the Commission's Home Page (<a href="http://www.ferc.gov">http://www.ferc.gov</a>) 
using the ``eLibrary'' link. Enter the docket number excluding the last 
three digits in the docket number field to access the document (P-
10441-020). For assistance, contact FERC at <a href="/cdn-cgi/l/email-protection#da9c9f889995b4b6b3b4bf89afaaaab5a8ae9abcbfa8b9f4bdb5ac"><span class="__cf_email__" data-cfemail="e7a1a2b5a4a8898b8e8982b4929797889593a781829584c9808891">[email&#160;protected]</span></a>, 
(866) 208-3676 (toll free), or (202) 502-8659 (TTY).

(Authority: 18 CFR 2.1)

    Dated: October 8, 2026.
Debbie-Anne A. Reese,
Secretary.
[FR Doc. 2026-20996 Filed 10-13-26; 8:45 am]
BILLING CODE 6717-01-P


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