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Appendix E-6: Consultation - Part 1 - Loup Power District

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APPENDIX E-6<br />

CONSULTATION<br />

A portion of this appendix contains privileged contact information of persons with<br />

whom relicensing coordination or consultation occurred. This information is<br />

considered privileged information and is provided in Volume 4 of this Draft License<br />

Application.


APPENDIX E-6<br />

RESPONSE TO COMMENTS ON THE DRAFT LICENSE APPLICATION


<strong>Loup</strong> River Hydroelectric Project<br />

FERC Project No. 1256<br />

April 13, 2012<br />

Attachment A<br />

<strong>District</strong> Response to Comments on the Draft License Application<br />

NUMBER COMMENT / COMMENT SUMMARY DISTRICT RESPONSE<br />

1<br />

2<br />

3<br />

4<br />

1<br />

February 14, 2012 – Nebraska Game & Parks Commission<br />

Water temperature in the bypass reach of the <strong>Loup</strong> River was identified as a potential issue due to the repeated occurrence<br />

of fish kills in this reach. The Nebraska Department of Environmental Quality (NDEQ) identified low flows and thermal<br />

stress suspected causes of mortality in these fish kills. NDEQ has established temperature standards for support aquatic life<br />

in a warm water stream with a maximum limit of 90 degrees Fahrenheit (°F).<br />

The NGPC provided LPD with a requested flow bypass of 75 cfs in 2003. However, after a more thorough analysis, we<br />

recommend higher flows to help address the thermal stress issue and avoid future fish kills. We concur with the FWS letter<br />

that outlines the use of the Montana Method to address the flows (see paragraph from the FWS letter below). The lower<br />

number of the identified flow ranges below would satisfy our concerns.<br />

The NGPC supports a further investigation of the sediment management portion of LPD’s operations. We support FERC’s<br />

request for further analysis stated in their December 21, 2011 letter. Specifically, we believe Alternative #4 should be<br />

addressed (see language below from FERC’s letter).<br />

The FWS and NGPC identified impacts from Project hydrocycling to the least tern, piping plover, pallid sturgeon, and the<br />

lower Platte River ecological community and provided several potential alternatives at earlier meetings.<br />

We continue to support any activity/study that would reduce the magnitude and duration of discharge peaks from the<br />

Project tailrace to benefit the downstream biotic community. We would also advocate evaluating the feasibility and<br />

efficacy of the full array of possible alternatives, including those that have been provided and those that have not, that<br />

would minimize the impacts of hydrocycling on species and communities while optimizing the efficiencies of LPD power<br />

operations.<br />

The NGPC recognizes that monitoring is critically important in evaluating the positive or negative consequences of any<br />

action. However, we further acknowledge that creation of effective and efficient monitoring programs are fraught with<br />

logistical and methodological challenges. Therefore, NGPC is also willing to offer technical assistance on any monitoring<br />

plans that are developed during the remaining steps of the re-licensing process.<br />

February 16, 2012 – Federal Energy Regulatory Commission<br />

In Exhibit A, you state that there are no transmission lines at either the Monroe or Columbus powerhouses. However, in<br />

several places in the draft license application, you describe transmission facilities at both of these powerhouses. For<br />

example, in Section A.2.9 (page A-8), you state that at the Monroe powerhouse, there is a powerhouse bus that is directly<br />

connected to a substation by an underground bus cable. You state in Section A.2.16 (page A-14) that at the Columbus<br />

powerhouse, each of the three generator step-up transformers is connected directly to a substation bus.<br />

A primary transmission line is a line that is used solely to transmit power from a licensed project to a load center. By this<br />

definition, without the line, there would be no way to transmit the project’s power to the electrical grid. A line leading<br />

from a project ceases to be a primary line at the point it is no longer used solely to transmit power from the project to the<br />

interconnected grid. Based on the information you provided in Exhibit A, it appears that the underground bus cable at the<br />

Monroe powerhouse and the generators leads connecting to the step-up transformers may be primary transmission lines.<br />

Therefore, please tell us in the final license application (final application) where the <strong>Loup</strong> River Project transmission lines<br />

at the Monroe and Columbus powerhouses interconnect with the grid and cease to be primary lines used solely to transmit<br />

power from the project to the electrical grid. Exhibits A and G may need to be revised to note the type, length, and voltage<br />

of the transmission lines, and show where the project transmission lines interconnect with the regional grid.<br />

1<br />

The <strong>District</strong> notes that three fish kills have been documented in the <strong>Loup</strong> River bypass reach, as detailed in FLA Section<br />

E.6.3.2, and that the <strong>District</strong>’s study of Water Temperature in the <strong>Loup</strong> River Bypass Reach determined no statistically<br />

significant relationship between water temperature and discharge as detailed in FLA Section E.6.3.2 and FLA Volume 3,<br />

<strong>Appendix</strong> C.<br />

The <strong>District</strong>’s proposed action (see FLA Section E.5.2), includes the provision of 75 cfs of flow in the <strong>Loup</strong> River<br />

bypass reach in accordance with previous agreements, as discussed in FLA Section E.6.3.3.<br />

The results of Study 14.0, Alternative Project Operations and Sediment Management Study requested by FERC are<br />

included in FLA Volume 3, <strong>Appendix</strong> J.<br />

The <strong>District</strong>’s analysis of the impacts of hydrocycling on threatened and endangered species are summarized in FLA<br />

Section E.6.6.2 and in the <strong>District</strong>’s Draft BA (FLA <strong>Appendix</strong> E-2)..<br />

The <strong>District</strong> appreciates NGPC’s offer of assistance.<br />

The <strong>District</strong> has clarified the discussion of the Project’s transmission connection to the grid in FLA Sections A.2.9,<br />

A.2.16, and A.2.20.


<strong>Loup</strong> River Hydroelectric Project April 13, 2012<br />

FERC Project No. 1256<br />

NUMBER COMMENT / COMMENT SUMMARY DISTRICT RESPONSE<br />

2<br />

3<br />

4<br />

5<br />

6<br />

7<br />

8<br />

9<br />

In Section A.2.9 of Exhibit A (page A-8), you state that at the Monroe powerhouse, power is metered and purchased by the<br />

Nebraska Public <strong>Power</strong> <strong>District</strong> (Nebraska <strong>Power</strong>) prior to the power entering the substation. However, you also state that<br />

the substation is connected with the <strong>District</strong>’s and Cornhusker Public <strong>Power</strong> <strong>District</strong>’s sub-transmission and distribution<br />

systems. As stated in the draft license application, the implication is that the <strong>District</strong> operates a distribution system.<br />

Please clarify in the final application which “<strong>District</strong>” operates a distribution system as there are three “<strong>District</strong>’s”<br />

discussed in the draft application (i.e., <strong>Loup</strong> <strong>Power</strong> <strong>District</strong>, which in some places in the application it is called simply<br />

<strong>District</strong>; the Nebraska Public <strong>Power</strong> <strong>District</strong>; and the Cornhusker Public <strong>Power</strong> <strong>District</strong>).<br />

In Section A.2.12 of Exhibit A (pages A-10 and A-11), you provide storage characteristics for Lakes Babcock and North.<br />

You provide the effective storage for Lake Babcock, the gross storage capacity for Lake North, and the gross storage<br />

capacity of both reservoirs. The dead storage and combined area-capacity relationship for Lakes Babcock and North are<br />

presented in Section B.2.4 of Exhibit B (page B-19). In the final application please clarify the relationship between<br />

effective and gross storage and provide the following information for each lake: (1) the elevation-storage relationship for<br />

the project’s range of operation and (2) the elevation below which there is dead storage.<br />

In Section B.1.2 of Exhibit B (page B-2), you state that the Monroe powerhouse units were sized to handle a design flow<br />

rate of 3,500 cubic feet per second (cfs). In Section A.2.9 of Exhibit A (page A-8), you state that the three units each have<br />

a maximum hydraulic capacity of 1,000 cfs for a total capacity of 3,000 cfs. Please eliminate this inconsistency between<br />

exhibits in the final application.<br />

In Section B.2.4 of Exhibit B (page B-19), you state that Lake Babcock’s effective storage is exhausted at 1,426 feet mean<br />

sea level (MSL) and Lake North provides storage down to its outlet sill at elevation 1,420 feet MSL. Exhibit F, sheet no.<br />

20 of 26 (sectional view of the Columbus powerhouse intake) shows the minimum upstream elevation at the lakes is 1,499<br />

feet MSL. Please eliminate this inconsistency between exhibits in the final license application. Please also describe in<br />

Exhibit B of the final application, the operation of Lakes Babcock and North as related to water surface elevations,<br />

effective storage, and entry to the Columbus powerhouse intake.<br />

In Section E.6.1.2 of Exhibit E (page E-58), you state that no requests were made to study the direct project effects on<br />

geology and soils. However, in the sentence following that statement, you state that studies were requested to determine<br />

the effect of project dredging operations on sediment transport and channel morphology, and then you follow with a<br />

discussion on the effects of sediment transport and project dredging operations geology and soils. Therefore, it is unclear<br />

to us why you state that no requests were made to study project effects on geology and soils.<br />

On a related matter, the final application should include the results of Study 1.0, Sedimentation and Study 2.0,<br />

Hydrocycling (HEC-RAS sediment transport modeling) in section E.6.1, geology and soils.<br />

In our Study Determination on Requests for Modifications to the <strong>Loup</strong> River Project Study Plan, dated December 21,<br />

2011, we directed you to complete the Alternative Project Operations and Sediment Management study. Please include<br />

the results of this study in the final application.<br />

In Section E.6.2.2 of Exhibit E (page E-108), you state that the degrading trend at the Louisville gage was attributed to<br />

site-specific circumstances and not considered to be generic. In the final application, please elaborate on the site-specific<br />

circumstances for the degrading trend occurring at the Louisville gage.<br />

In Section E.6.2.2 of Exhibit E (page E-110, table E-32), you provide identical drainage areas for sites 3 and 4 (Platte<br />

River upstream and downstream of the tailrace return, respectively). The drainage areas for sites 3 and 4 are larger than<br />

that provided for the North Bend gage, which is significantly downstream. Please describe in the final application how the<br />

drainage areas for sites 3 and 4 were developed and why the drainage areas for these sites are larger than that provided for<br />

the North Bend gage, which is significantly downstream. Also, the drainage area provided for the Ashland gage should be<br />

83,600 square miles according to the U.S. Geological Survey’s records. Please correct the Ashland gage drainage area in<br />

the final application.<br />

2<br />

As noted in Section H.2, the <strong>Loup</strong> <strong>Power</strong> <strong>District</strong> is a wholesale and retail electric distribution utility that owns and<br />

maintains an extensive distribution system that serves over 18,000 customers in five counties. <strong>Loup</strong> <strong>Power</strong> <strong>District</strong> also<br />

owns and operates the licensed hydropower Project—its only generation asset—which is the subject of this relicensing.<br />

The <strong>District</strong>’s distribution system is not related to Project relicensing and discussion of the distribution system has been<br />

removed from the FLA. Additionally, the <strong>District</strong> has clarified discussion of the Project’s transmission connection to<br />

the power grid. Finally, the <strong>District</strong> has clarified all discussion involving more than one public power district by using<br />

the <strong>Loup</strong> Public <strong>Power</strong> <strong>District</strong>’s full name to clarify which public power district is being discussed.<br />

The <strong>District</strong> has expanded the reservoir storage characteristic discussion in FLA Section B.2.4.<br />

FLA Section B.1.2 has been revised and made consistent with FLA Section A.2.9.<br />

Elevation discrepancies have been revised in FLA Section B.2.4. This section has also been expanded to describe lake<br />

operations relative to water surface elevations, effective storage, and entry to the Columbus powerhouse intake.<br />

The statement that “agency and stakeholders did not request studies to address direct Project effects on geology and<br />

soils” has been removed from Section E.6.12.<br />

FLA Section E.6.1 includes the results of Study 1.0 Sedimentation, as well as the sediment related results from Study<br />

2.0 Hydrocycling, Study 5.0, Flow and Depletion and Flow Diversion, and Study 14.0 Alternative Project Operations<br />

and Sediment Management.<br />

The Sediment and Sediment Transport subheading of FLA Section E.6.1.1 includes this discussion and references<br />

applicable literature citations that address this comment.<br />

Table E-32 of the DLA is Table E-15 in the FLA and is included in FLA Section E.6.1.2. A note has been added to the<br />

table to explain the drainage areas in question.


<strong>Loup</strong> River Hydroelectric Project April 13, 2012<br />

FERC Project No. 1256<br />

NUMBER COMMENT / COMMENT SUMMARY DISTRICT RESPONSE<br />

10<br />

11<br />

12<br />

13<br />

14<br />

15<br />

16<br />

17<br />

18<br />

19<br />

In Section E.6.2.2 of Exhibit E (pages E-113 and E-114), you state that the project has no discernible impact on flow area<br />

because of tailrace return flows. You base this conclusion on the relationship of discharge and flow area presented on<br />

graph E-4. We agree that there is a strong relationship of the points in graph E-4 as indicated by the coefficient of linear<br />

regression. However, it is unclear how the calculation of the dominant and effective discharges for sites downstream of<br />

the tailrace return differs from those sites not impacted by project operation. In the final application, please include a<br />

discussion of the methodology used to calculate the dominant and effective discharges to assess the effects of project<br />

operation on channel geometry.<br />

HEC-RAS was used to calculate flow characteristics (for example, water surface elevation, width, depth, area, and<br />

velocity) corresponding to a range of flow rates. The calculated relationships between flow rates and flow characteristics<br />

for the eight sites along the lower Platte River were used develop graphs E-3 and E-4. The cross sections used in the<br />

HEC-RAS model were field surveyed in the spring and fall of 2010. So that we understand the flows that shaped the cross<br />

section during the survey, in the final application, please include the date and flow characteristics of the cross sections in<br />

the HEC-RAS model used to develop graphs E-3 and E-4.<br />

In Section E.6.2.2 of Exhibit E (page E-113), you state that dominant discharge generally increases in the downstream<br />

direction. This is true for all sites on both graphs E-3 and E-4 with the exception of site 5. In the final application, please<br />

discuss the apparent anomaly for the dominant discharge at site 5.<br />

In Section E.6.2.2 of Exhibit E (pages E-116 through E-118), you present graphs E-5, E-6 and E-7. You state that the<br />

abscissa in these three graphs represents the channel-forming discharge. In the final application, please clarify whether<br />

effective or dominant discharges are plotted on the x-axis for these three graphs.<br />

In Section E.6.2.2 of Exhibit E (pages E-116 through E-118), the data set used to develop the channel-forming discharge<br />

presented in graphs E-5, E-6, and E-7 is unclear. The only values of channel-forming discharges in the draft license<br />

application are presented in table E-33 (page E-112), which include the years 2003-2009. Three figures in Study 1.0,<br />

Sedimentation (dated August 26, 2011) were developed for the years 1985-2009 and appear to be identical to those<br />

presented in the draft license application. Therefore, in the final application, please clarify what data were used to develop<br />

the channel-forming discharge presented in graphs E-5, E-6 and E-7. Also, in the final application please revise the plotted<br />

data to provide positional accuracy.<br />

In Section E.6.2.2 of Exhibit E (page E-115), you state that all plotted points on graph E-7 are positioned away from any<br />

threshold to a different morphology. However, all points plotted on graph E-7 are located within an area termed<br />

“intermediate streams” or very close to the threshold between intermediate and braided streams. The intermediate area<br />

appears to be a transitional zone between braided and meandering streams. In the final application, please include<br />

additional discussion to clarify your statement that all plotted points on graph E-7 are positioned away from any threshold<br />

to a different morphology.<br />

In Section E.4.12.1 of Exhibit E (page E-27), you state that the original maximum pool elevation in Lake Babcock was<br />

increased to 1,531 feet MSL from 1,529 feet MSL. However, this change in water surface is not reflected in Exhibit F,<br />

sheets 15 of 26, 20 of 26, and 21 of 26. In the final application, please revise Exhibit F to reflect the present normal water<br />

surface elevation in the project’s regulating reservoirs.<br />

In Section E.4.18 of Exhibit E (page E-37), you state that in 1952, the crest of the outlet weir was lowered about 18 inches.<br />

However, this change is not reflected in Exhibit F, sheet 26 of 26. In the final application, please revise Exhibit F to<br />

reflect the present crest elevation of the outlet weir and upstream water surface.<br />

On pages E-81 to E-105, you discuss water quality and state water quality standards. You also list state water quality<br />

standards in <strong>Appendix</strong> E-3. The title of table E-1 in <strong>Appendix</strong> E-3 should be modified to indicate “state water quality<br />

standards” rather than “standards.” Also, please include dissolved oxygen (DO) and temperature in table E-1.<br />

On pages E-88 to E-105, you discuss in detail various water quality parameters and how the sampling and water quality<br />

data collected at the project and in nearby waters meet state water quality standards. It would be very helpful to have a<br />

short table in that section of the discussion that would indicate the state standards for several parameters, excluding all the<br />

metal and nutrients shown in Table E-1. In other words, the table would have the numeric state water quality standards for<br />

3<br />

Explanatory text has been added to the Effective and Dominant Discharge Calculations portion of FLA Section E.6.1.2.<br />

Explanatory text and appropriate FLA component references have been added to the Hydraulic Geometry Relationships<br />

and Spatial Analyses portion of FLA Section E.6.1.2.<br />

This discussion is contained in FLA Section E.6.1.2, immediately preceding Table E-16, and includes new content<br />

relative to the noted anomaly.<br />

Text that defines the horizontal axes as the 2003-2009 dominant discharges has been added to the Regime Analysis of<br />

the <strong>Loup</strong> and Platte Rivers portion of FLA Section E.6.1.2.<br />

Text that defines the horizontal axes as the 2003-2009 dominant discharges has been added to the Regime Analysis of<br />

the <strong>Loup</strong> and Platte Rivers portion of FLA Section E.6.1.2. Plotted data has been revised on Graphs E-5, E-6, and E-7.<br />

This discussion is contained in the Regime Analysis of the <strong>Loup</strong> and Platte River subheading of FLA Section E.6.1.2<br />

and includes new content relative to the noted anomaly.<br />

FLA Exhibit F, Sheets 15, 20, and 21 of 26 have been revised to show the Lake Babcock pool elevation as 1,531 feet<br />

MSL.<br />

FLA Exhibit F, Sheet 26 of 26 has been revised to reflect corrected elevations for the outlet weir and water surface<br />

elevations.<br />

Nebraska Water Quality Standards has been added to the title of the titles of the tables in FLA <strong>Appendix</strong> E-3.<br />

Additionally, Tables E-40 through E-44 identifying the applicable water quality standards have been added to FLA<br />

Section E.6.2.1.<br />

DO, temperature, E. coli, aquatic life, and ammonia state water standards are noted in FLA Tables E-40, E-41, E-42, E-<br />

43, and E-44, respectively. All referenced tables are contained in the Water Quality Standards portion of the FLA<br />

Section E.6.2.1.


<strong>Loup</strong> River Hydroelectric Project April 13, 2012<br />

FERC Project No. 1256<br />

NUMBER COMMENT / COMMENT SUMMARY DISTRICT RESPONSE<br />

20<br />

21<br />

22<br />

23<br />

24<br />

25<br />

26<br />

27<br />

28<br />

the following: DO, temperature (in Celsius and Fahrenheit), pH, E. coli, conductivity, ammonia, and chloride. Please also<br />

include in the revision to the final application the length of time, if available, where temperature exceeded the state<br />

standard of 90° F at each of the various collection sites.<br />

On page E-159, you state that you “believe” that the <strong>Loup</strong> <strong>Power</strong> system fishery that was characterized by Rupp (1981) as<br />

an excellent fishery and of regional importance to east-central Nebraska is still valid today, nearly 31 years after the report.<br />

Please explain the basis for your conclusion about the recreational fishery resources of the <strong>Loup</strong> River Project in your final<br />

application and include a copy of the 1981 paper by Rupp.<br />

On page E-156, you mention that the Nebraska Game and Parks Commission (Nebraska Game) historically stocked<br />

walleye in Lake North but currently has no regular stocking program in <strong>Loup</strong> River Project waters. If available, it would<br />

be helpful to know why the walleye stocking program was discontinued, particularly, since in the very next sentence you<br />

state that the same agency stocked sauger in the <strong>Loup</strong> <strong>Power</strong> Canal in 2009. Please indicate in your final application<br />

whether Nebraska Game has any intention of continuing the stocking of sauger in the <strong>Loup</strong> <strong>Power</strong> Canal, and what, if any,<br />

management objectives have been established for that species in the canal.<br />

On page E-168, you also discuss other fish stocking efforts by Nebraska Game and it is unclear what fish stocking<br />

occurred in the <strong>Loup</strong> <strong>Power</strong> Canal from among the 244,614 fish stocked in various locations since 2001. Please explain,<br />

in the final application, which species were stocked in the <strong>Loup</strong> <strong>Power</strong> Canal from among the 244,614 fish stocked and<br />

whether there is any intention by Nebraska Game to continue this stocking. Please also indicate if the stocking would be<br />

done on an annual basis or intermittently.<br />

In your final application, please indicate if any exotic fish species, like Asian carp, northern snakehead, or other exotic fish<br />

species are present in project waters, and if so, the estimated relative abundance of these species compared to other native<br />

species found in the same waters.<br />

On page E-256, you state that you have erected public awareness signs at Lake North in 2011 that alert the public to<br />

preventing the spread of potential aquatic invasive plants and animals. Please indicate in your final application whether<br />

any invasive aquatic plants or animals have been reported in project waters.<br />

In table D-1, Preliminary Cost Estimate of Proposed Environmental Measures of your draft license application, you<br />

provide the cost to install a sand volleyball court at the project’s Headworks Park. However, you do not provide a<br />

proposed construction schedule for this volleyball facility in section C.2 Proposed Construction Schedule. Please provide<br />

a construction schedule for the sand volleyball court in your final application.<br />

In table E-57 of your draft license application, you summarize the average daily and annual recreation use at the project’s<br />

recreation facilities and the power canal; however, you do not define how you obtained the average daily and annual use<br />

for the recreational facilities and the power canal. Please state if the recreational use estimates are based on a recreation<br />

day, (i.e., a visit by a person for recreational purposes during any portion of a 24-hour period) or by other means and<br />

provide responses in your final application.<br />

In section E.6.7.1 Existing Environment of your draft license application, you describe the parks and trails located within<br />

the project boundary; however, you do not describe any regional recreation facilities or parks. Please provide information<br />

about regional recreational facilities and parks in your final application.<br />

In section E.6.7.1 Existing Environment of your draft license application and section 3.2 Capacity of <strong>District</strong> Recreation<br />

Sites of your draft Recreation Management Plan, you provide a brief qualitative summary of the project’s capacities at<br />

various recreation facilities; however, more information is needed to determine if the project’s recreational facilities are at<br />

or exceed their use capacities. Therefore, as requested in the Second Initial Study Report Meeting Summary filed March<br />

11, 2011, please provide, quantitatively, the facility capacity for each recreation resource at your recreation facilities. To<br />

calculate facility capacity, compare the average total amount of weekend use with the total combined capacity of these<br />

resources to handle such use and enter a percentage that indicates their overall level of use. Please do not consider peak<br />

weekend use. For example, if all available camping sites at the Headworks Park would be used to half its capacity during<br />

non-peak weekend days, the facility would be at 50 percent capacity.<br />

4<br />

Results of the <strong>District</strong>’s 2010 creel survey support this determination and have been added to FLA Section E.6.3.2.<br />

Explanatory and corrected fish stocking discussion has been added to FLA Section E.6.3.1.<br />

More detailed fish stocking information has been added to FLA Section E.6.3.4.<br />

New information, regarding Asian carp observations within the Tailrace Canal, was received from NGPC and has been<br />

added to FLA Section E.6.3.1.<br />

Note preceding comment/response regarding Asian carp. No other invasive aquatic species have been reported in<br />

Project waters.<br />

Sand volleyball court construction at Headworks Park is scheduled for 2015. This schedule is now indicated in FLA<br />

Section C.2, Section E.6.7.3 and the <strong>District</strong>’s Recreation Management Plan.<br />

Recreation use estimate methodologies previously included in the SISR Study 8.0 – Recreation Use are now also<br />

included in FLA Section E.6.7.2 in association with Table E-80.<br />

As detailed in FLA Section E.6.7.1, the Nebraska SCORP-defined Recreation Region 3: Northeast Area contains two<br />

state parks, one state historical site and four state recreational areas. These resources are now summarized in the FLA.<br />

Camper counts taken during the <strong>District</strong>’s 2010 recreation use survey, and resulting percent usage capacity values, are<br />

now included in FLA Section E.6.7.2.


<strong>Loup</strong> River Hydroelectric Project April 13, 2012<br />

FERC Project No. 1256<br />

NUMBER COMMENT / COMMENT SUMMARY DISTRICT RESPONSE<br />

29<br />

30<br />

31<br />

32<br />

33<br />

34<br />

35<br />

36<br />

37<br />

1<br />

2<br />

In section E.6.7.1 Existing Environment of your draft license application, you state that you sponsor and maintain a public<br />

trail network within the project boundary. However, you do not state who owns these public trails. Please provide the<br />

ownership of the public trails you refer to in your final application.<br />

In section E.6.7.1 Existing Environment of your draft license application, you state that you maintain Contemplation Point,<br />

kiosks, and other recreation enhancements built by the Boy Scouts and Girl Scouts. Please state who owns these<br />

recreational enhancements built by the scouts and the location of these enhancements in your final application.<br />

In section E.6.7.3 Proposed Environmental Measures of your draft license application; you state that a new 2,000-foot trail<br />

segment would be constructed along the southeast side of Lake Babcock. Please state if the proposed trail would be<br />

included in the project boundary in your final application.<br />

In section E.3.5, National Historic Preservation Act of your draft license application, you state that as the non-federal<br />

representative for section 106 of the National Historic Preservation Act, you contacted six Indian tribes, and three of the<br />

tribes indicated that they have no interest in the project. Please identify in the final application the six tribes you contacted<br />

and the three tribes that stated that they are not interested in the project.<br />

In section E.3.5, National Historic Preservation Act of your draft license application, you state that a draft Historic<br />

Properties Management Plan (HPMP) has been sent to the Nebraska State Historic Preservation Officer for comment and<br />

review. The restricted service list for the project, issued on July 1, 2009, identifies the Pawnee Tribal Business Council,<br />

Santee Sioux Nation, and the Omaha Tribe of Nebraska as tribes that we would consult with during the section 106<br />

process. Please send the draft HPMP to these tribes for review, allowing at least 30 days for comment, and summarize<br />

their response, if any, in your final license application.<br />

On page E-9, Reasonably Foreseeable Future Actions, you state that one of the parameters of concern would be the<br />

continued actions of the Platte River Recovery Implementation Program (Recovery Program) upstream in the central Platte<br />

River. On page E-154 you provide a brief description of the Recovery Program. Please include a footnote on page E-9<br />

describing the Recovery Program.<br />

In your discussion of the Recovery Program on page E-154, please identify the four federally-listed endangered species of<br />

concern and provide an example of one type of management measure for flow in the Platte River under the Recovery<br />

Program that could potentially affect these four federally-listed species. Also, please provide an example of how flows<br />

recommended under the Recovery Program could affect operation of the proposed <strong>Loup</strong> River Project in the future.<br />

On page E-19, you mention that the project’s skimming weir is fitted with screens to collect trash and debris. Please<br />

include in the final application the dimensions of the weir, including the clear bar spacing, and revise the drawing of the<br />

skimming weir to include profile and elevation views of the trashrack. Also include in your discussion about the<br />

skimming weir how debris is removed from the trashrack, and where it is disposed.<br />

On pages E-80 and E-81, you use the term “raise dam” as a type of use related to water rights claims, applications, and<br />

appropriations. We are not familiar with this terminology. Please define the term “raise dam” in the final license<br />

application and explain how it relates to your proposed project.<br />

February 16, 2012 – U.S. Fish & Wildlife Service<br />

The Service cannot concur with the conclusion that adverse effects resulting from Project operations to the whooping<br />

crane (Grus americana) are discountable because species usage estimates can be determined, the Project is located within<br />

the migratory corridor, and habitat affects are measureable.<br />

The Service cannot concur with the determination that the Project may affect, but is not likely to adversely affect the<br />

piping plover (Charadrius melodus) and least tern (Sternula antillarum).<br />

5<br />

As stated in FLA Section E.6.7.1, the <strong>District</strong> owns and maintains all trails within the Project Boundary.<br />

As stated in FLA Section E.6.7.1, the <strong>District</strong> owns the amenities that resulted from cooperative efforts with local<br />

scouts.<br />

As stated in FLA Section E.6.7.3, the proposed trail segment would be wholly constructed within the Project Boundary<br />

and would be owned and maintained by the <strong>District</strong>.<br />

The six contacted tribes, and the three tribes that stated that they are not interested in the Project, are specified in FLA<br />

Section E.3.5.<br />

As described in FLA Section E.3.5, the <strong>District</strong> provided the Draft HPMP to Nebraska SHPO and Native American<br />

tribes for review. SHPO concurrence has been received and is noted in Section E.3.5; to date, no comments have been<br />

received from Native American Indian tribes.<br />

A footnote that briefly defines the Recovery Program has been added to FLA Section E.2.5.<br />

The requested information has been added to FLA Section E.6.2.5.<br />

The requested detail has been added to FLA Sections A.2.7 and E.4.7 and Exhibit F Sheet No. 3 of 26.<br />

A footnote has been added to define “raise dam” in FLA Section E.6.2.1.<br />

The <strong>District</strong> has expanded the whooping crane discussion in the Draft BA (FLA <strong>Appendix</strong> E-2) to support the<br />

determination of may affect, not likely to adversely affect. Additionally, the <strong>District</strong> previously responded to a similar<br />

USFWS comment regarding Project affects to whooping crane on Attachment B, Pages 2-7 of the <strong>District</strong>’s May 11,<br />

2011 Response to Comments on the SISR.<br />

The <strong>District</strong> has clarified discussions and provided additional information that supports the determination that Project<br />

relicensing may affect, but is not likely to adversely affect the interior least tern and the piping plover in Section 6.1 of<br />

the Draft BA (FLA <strong>Appendix</strong> E-2). <strong>District</strong> responses to specific USFWS comments provided in association with the<br />

USFWS’s affect determination are provided in subsequent matrix responses.<br />

3 The Service cannot concur with the determination that Project operations may affect, but are not likely to adversely affect As stated in Section 6.3 of the Draft BA (FLA <strong>Appendix</strong> E-2), the <strong>District</strong> has clarified discussions and provided


<strong>Loup</strong> River Hydroelectric Project April 13, 2012<br />

FERC Project No. 1256<br />

NUMBER COMMENT / COMMENT SUMMARY DISTRICT RESPONSE<br />

4<br />

5<br />

6<br />

7<br />

8<br />

9<br />

10<br />

11<br />

the pallid sturgeon (Scaphirhynchus albus). additional information that supports the determination that Project relicensing may affect, but is not likely to adversely<br />

affect pallid sturgeon. <strong>District</strong> responses to specific USFWS comments provided in association with the USFWS’s<br />

6<br />

affect determination are provided in subsequent matrix responses.<br />

The Service concurs that Project operations are not likely to adversely affect the western prairie fringed orchid<br />

(Platanthera praeclara). The <strong>District</strong> notes the provided affect determination and USFWS concurrence.<br />

The conclusion that Project hydrocycling for this relicensing action has no effect on federal and state trust species seems to<br />

be unique and somewhat inconsistent with what other researchers have found on the Platte River and other river systems.<br />

The Service has determined that the Project hydrocycling operations may impact the aquatic community in the lower Platte<br />

River. As reported in recent studies, the Project hydrocycling operations are likely to be a contributor in the reduction of<br />

benthic invertebrate production resulting the reduction in the growth rates of species that feed on benthic invertebrates<br />

including channel catfish, shovelnose sturgeon, and pallid sturgeon. Project impacts similarly affect the fish community<br />

by reducing the quantity of habitat available, quality of habitat available, and connectivity of these habitats.<br />

The PLP proposes a minimum <strong>Loup</strong> River bypass discharge of 50 to 75 cubic feet per second (cfs) will maintain a "severe<br />

degradation" condition under the Montana Method. A study conducted by LPD under the ILP process showed that Project<br />

diversions severely impact fish habitat in the <strong>Loup</strong> River bypass area from April through October with the most severe<br />

degradation of such habitat from July through October. Furthermore, the minimum bypass has a high probability of<br />

exceeding the temperature standard set by the Nebraska Department of Environmental Quality (approximately 90-percent<br />

daily exceedence according to the Second Initial Study Report (SISR) results). The Service expects similar impacts to the<br />

Platte River bypass area although impacts based on results from the SISR and the Updated Study report (USR) as<br />

completed by LPD are difficult to discern because of the influence of central Platte River streamflow.<br />

The Service supports the investigations of the four alternatives described in FERC's June 10, 2011, request for study plan<br />

modifications (as amended December 21, 2011).<br />

Hydrocycling related PM&E measures should be put into place to avoid or minimize impacts to federal and state trust fish<br />

and wildlife resources within the March through October time frame.<br />

Consider implementation of some or all of these alternative PM&E measures including: a) no hydrocycling; b) limit the<br />

number of operational turbines; and/or c) develop re-regulation facilities.<br />

The Service recommends the development of an instream flow bypass that is greater than the 50 to 75 cfs proposed in the<br />

PLP.<br />

(The Service recommends that the <strong>District</strong>) Implement an effective/dominant discharge level flow from May-June on the<br />

<strong>Loup</strong> River bypass reach to enhance sediment transport.<br />

The <strong>District</strong> has included a discussion of the effects of hydrocycling on the macroinvertebrate community of the lower<br />

Platte River in Sections 6.1.6 and 6.3.8 of the Draft BA (FLA <strong>Appendix</strong> E-2). Additionally, the <strong>District</strong> previously<br />

responded to a similar USFWS comment regarding the affects of hydrocycling on pallid sturgeon in Attachment B,<br />

Pages 13-16 of the <strong>District</strong>’s May 11, 2011 Response to Comments on the SISR.<br />

Based on USFWS comments regarding potential Project impacts to macroinvertebrate/species forage, the <strong>District</strong><br />

performed a thorough review of the literature citations provided by USFWS in support of their stated concerns. In lieu<br />

of responding to each specific comment independently, the <strong>District</strong> generally notes that the ultimate findings of the cited<br />

literature are either, 1) not applicable to the <strong>Loup</strong> River Project, 2) inconclusive, 3) unsubstantiated, or 4) counter to the<br />

USFWS representation of the findings. A notable example is the reference to studies performed on waterways in<br />

Washington, Maryland, and Austria. Based on the varied geography, channel morphologies, and substrate materials of<br />

these waterways, the <strong>District</strong> is concerned with any attempts to make direct comparisons regarding macroinvertebrate<br />

density and diversity relationships with the <strong>Loup</strong> and lower Platte rivers. Regarding the geographically-pertinent<br />

statement by Barada that hydrocycling operations affect the growth rates of channel catfish in the lower Platte River via<br />

adverse affects to the macroinvertebrate (forage) community, the <strong>District</strong> finds this conclusion to be speculative. Barada<br />

performed no macroinvertebrate sampling to substantiate this finding and further states that intra- and inter-specific<br />

competition, temperature, and watershed characteristics could also contribute to the observed growth rates of channel<br />

catfish. Furthermore, the <strong>District</strong> notes the 2005 NDEQ Stream Classification Study as a suitable and specifically<br />

relevant study relating to the macroinvertebrate community of the lower Platte River. In association with this study,<br />

NDEQ performed site-specific sampling in the lower Platte River, just below the Tailrace return, and rated the<br />

associated macroinvertebrate population as “Good” (on a rating scale of Excellent, Good, Fair, and Poor).<br />

<strong>District</strong> analysis of fish habitat suitability within the Project bypass reach is stated in FLA Section E.6.3.2. Additionally,<br />

the <strong>District</strong> previously responded to a similar USFWS comments in Attachment B, Pages 9-10, 19, and 34-36 of the<br />

<strong>District</strong>’s May 11, 2011 Response to Comments on the SISR.<br />

In association with the FLA, the <strong>District</strong> has included Study 14.0, Alternative Project Operations and Sediment<br />

Management.<br />

The <strong>District</strong> is not proposing PM&E measures relative to hydrocycling, as Project-specific studies have not identified<br />

any adverse impacts resulting from Project hydrocycling.<br />

The <strong>District</strong> is not proposing PM&E measures relative to hydrocycling, as Project-specific studies have not identified<br />

any adverse impacts resulting from Project hydrocycling.<br />

The <strong>District</strong>’s proposed action (see FLA Section E.5.2), includes the provision of 75 cfs of flow in the <strong>Loup</strong> River<br />

bypass reach in accordance with previous agreements, as discussed in FLA Section E.6.3.3.<br />

<strong>District</strong> studies have not identified that the suggested flow modification would benefit listed species. As such, the<br />

<strong>District</strong> is not proposing to implement such flow modifications.<br />

12<br />

The Service recommends mechanical modifications on two to four sandbar point bars within the <strong>Loup</strong> River bypass area.<br />

Because mechanical sandbar modification would require associated flow modifications, and because the <strong>District</strong> has not<br />

found the associated flow modifications to provide species benefit, the <strong>District</strong> is not proposing mechanical sandbar<br />

modification.<br />

13 A multi-year monitoring program is recommended for the <strong>Loup</strong> River bypass and lower Platte River to: a) ascertain The <strong>District</strong> is not proposing a multi-year monitoring program, as Project-specific studies have identified no adverse


<strong>Loup</strong> River Hydroelectric Project April 13, 2012<br />

FERC Project No. 1256<br />

NUMBER COMMENT / COMMENT SUMMARY DISTRICT RESPONSE<br />

14<br />

15<br />

16<br />

response of the least tern, piping plover, pallid sturgeon, whooping crane, and other riverine fish and wildlife species to the<br />

recommended PM&E measures; and b) ascertain habitat response of the above species to the recommended PM&E<br />

measures.<br />

The Service will defer to FERC to determine the level of documentation needed to satisfy NEPA requirements for the<br />

<strong>Loup</strong> River Hydroelectric Project. However, the Service has serious concerns about the inadequacy of PM&E measures<br />

currently proposed in the PLP given the number of important resources involved. It may be difficult for FERC to support<br />

preparation of a Finding of No Significant Impact with only the current level of PM&E measures.<br />

A recognized shortcoming of the Missouri River Basin study is that the sediment yield analysis only evaluates sediment<br />

sources, but does not assess sediment sinks. The assumed absence of sediment sinks leads to the incorrect assumption that<br />

the total quantity of source sediment is transported to the next downstream sub basin. The Missouri River Basin study<br />

identified sources of sediment, but study methods did not identify areas of sediment deposition which includes hillslope<br />

deposition, valley deposition, and floodplain deposition (i.e., sediment sinks). This line of reasoning has also been applied<br />

in the Preliminary License Proposal (PLP) with the North and South Sand Management Areas (SMA) but nowhere else.<br />

The Service is concerned about the Project's removal of 24 percent of the sediment supply from the Platte River at North<br />

Bend and its effect on channel morphology leading to impacts to species habitats. The Service encourages FERC to<br />

consider the cumulative effects to lower Platte River sediment supply and how these effects may change in the future.<br />

The central Platte River is currently experiencing similar problems in the loss of sediment supply (Murphy et al. 2006).<br />

This erosion of sediment supply has migrated downstream as evidenced through the progressive coarsening of sediment in<br />

the central Platte River (Kinzel and Runge 2011). It is assumed that sediment transport impacts in the central Platte River<br />

will be realized in the lower Platte River. The Platte River Recovery Implementation Program intends to offset the<br />

sediment imbalance in the central Platte River through sediment augmentation, but the long-term feasibility of sediment<br />

augmentation remains under investigation. When considering the central and lower Platte River cumulative effects, the<br />

Corps (1990) conclusion that the sediment supply of the lower Platte River is virtually unlimited does not appear to be<br />

valid.<br />

7<br />

impacts that warrant such an effort.<br />

Comment noted.<br />

The <strong>District</strong> previously responded to a similar USFWS comment regarding fish habitat in the bypass reach on<br />

Attachment B, Pages 6 to 8 of the <strong>District</strong>’s May 11, 2011 Response to Comments on the SISR.<br />

To clarify, there are two different sediment analyses being performed in Study 1.0 Sedimentation. The first is the<br />

estimate of sediment yield from the watershed. This is soil erosion from sheet and rill erosion from rainfall, streambank<br />

erosion, and channel erosion. The MRBC sheet and rill erosion was calculated using the USLE equation. The sediment<br />

yield analysis performed by the MRBC estimates “the amount of sediment delivered to the mouth of individual<br />

watersheds within the subbasins” which includes sediment deposition in the watershed. The streambank and channel<br />

erosion were estimated using actual measurements. As stated in USACE, 1990 “There are a number of methods<br />

available to determine sediment yield. All can be grouped into two broad categories: those based on direct measurement<br />

and those based on analytical techniques. Only those methods based on direct measurement are considered a rigorous<br />

approach; analytical techniques are trend indicators at best.”<br />

FERC approved of the use of the MRBC Platte River Basin Level B Study for calculating sediment yield in the August<br />

26, 2009 Study Plan Determination for the <strong>Loup</strong> River Hydroelectric Project.<br />

The sediment budget that FERC requested on April 8, 2011 was not related to the MRBC soil erosion calculations. The<br />

comments were related to sediment capacity within the river systems.<br />

The USLE methods employed by the MRBC were applied on several smaller subbasins, not on the entire Platte River<br />

Basin.<br />

The <strong>District</strong> previously responded to a similar USFWS comments regarding sediment supply in, 1) Attachment B of the<br />

<strong>District</strong>’s November 24, 2010 Response to Comments on the ISR (USFWS Comment 2 on Project Sediment-related<br />

Effects: Tailrace to North Bend) and 2) Attachment B, Pages 24 to 28 of the <strong>District</strong>’s May 11, 2011 Response to<br />

Comments on the SISR.<br />

With regard to the central Platte River, The Platte River Recovery Implementation Program (PRRIP) is scheduled to<br />

initiate a pilot test to augment sediment in the central Platte River in the fall of 2012 as a result of clear water returns<br />

from a hydroelectric project. The pilot study is being performed to evaluate the PRRIP Sediment Priority Hypothesis<br />

No. 1 which states that “Average sediment augmentation near Overton of 185,000 tons/year under existing flow regime<br />

and 225,000 tons/year under Governance Committee proposed flow regime achieves a sediment balance to Kearney.”<br />

The sediment imbalance was identified based on historic stream gage trends at the Overton gage, survey measurements,<br />

bed material samples, and sediment transport modeling (Bureau of Reclamation and U.S. Fish and Wildlife<br />

Service, April 2006; Platte River Recovery Implementation Program Final Environmental Impact Statement Summary).<br />

In the lower Platte River, particularly in the vicinity of the Project, historic stream gage data, channel surveys, bed<br />

material samples, existing literature, and sediment transport models all show that the river is neither aggrading nor<br />

degrading, but is a stable channel which has adjusted to the incoming sediment load and the increase in flow at the<br />

Tailrace Return. The PRRIP study and the results of the studies performed Project relicensing corroborate this finding<br />

(Sedimentation Study - <strong>Appendix</strong> A, and Hydrocycling Study - Appending B, in the Final Study Report, Study 14.0<br />

Alternative Project Operations and Sediment Management). In addition, the PRRIP’s hypothesis is to achieve sediment<br />

balance at Kearney, recognizing that the sediment deficit will not translate approximately 115 miles downstream to the<br />

<strong>Loup</strong> River/Platte River confluence.


<strong>Loup</strong> River Hydroelectric Project April 13, 2012<br />

FERC Project No. 1256<br />

NUMBER COMMENT / COMMENT SUMMARY DISTRICT RESPONSE<br />

17<br />

18<br />

19<br />

20<br />

21<br />

22<br />

23<br />

24<br />

Sediment-free water from the Tailrace Return is likely to facilitate sandbar erosion.<br />

When reviewing the body of current literature for the lower Platte River, there is not clear support that the lower Platte<br />

River is in stable geomorphic condition as stated in the PLP.<br />

The Service believes that hydrocycling operations have resulted in the erosion of sandbars in the lower Platte River.<br />

The Service believes that Project operations have increased the probability of high water temperatures in the <strong>Loup</strong> River<br />

bypass. The comparison of the probability of temperature exceedence to streamflow is one product of the relicense studies<br />

whose methods were derived from Sinokrot and Gulliver (2000). LPD replication of methods developed by Sinokrot and<br />

Gulliver (2000) demonstrate that, at lower discharges, diel temperature fluctuations are more pronounced as evidenced in<br />

the probability of temperature exceedences graph in the USR (Figure 5-16). The current minimum flow bypass of 50 to 75<br />

cfs has a high probability exceeding the Nebraska Department of Environmental Quality standard (approximately 90percent<br />

daily exceedence).<br />

The Service has determined that Project operations impact the <strong>Loup</strong> River fish community by: a) increasing the probability<br />

of exceeding the water quality standard for warm water aquatic life, and b) reducing suitability of instream habitat.<br />

The conclusion that Project hydrocycling for this relicensing action has no effect on federal and state trust species seems to<br />

be unique and somewhat inconsistent with what other researchers have found on the Platte River and other river systems.<br />

The <strong>Loup</strong> River bypass has a role in whooping recovery in the future if habitat could be improved compared to present<br />

conditions.<br />

Assessments of habitat use in the DBA do not consider information from recently published documents. The DBA does<br />

not consider channel width, wetted width, and depth information published by Farmer et al. (2004) or Howlin et al. (2008)<br />

which represent important habitat criteria for the whooping crane. It is important to recognize that, although whooping<br />

crane may use a range of unobstructed and wetted widths, the species selects for the widest unobstructed and wetted<br />

widths available. The DBA description of habitat use in Table 4 does not capture the complexities of how the species<br />

selects habitats based on habitat availability using resource selection applications (Johnson et al. 2006, Rosenfeld 2003,<br />

Johnson 1980).<br />

8<br />

The <strong>District</strong> previously responded to a similar comment regarding the potential for Project operations to facilitate<br />

sandbar erosion in Attachment A of the <strong>District</strong>’s November 23, 2011 Response to Comments on the USR. In addition,<br />

the <strong>District</strong> responded to Project effects on channel morphology and habitat in Attachment B of the <strong>District</strong>’s May 11,<br />

2011 Response to Comments on the SISR, and in Attachment B of the <strong>District</strong>’s November 24, 2010 Response to<br />

Comments on the ISR. Finally, the <strong>District</strong> performed studies specific to the Project in both the <strong>Loup</strong> and Platte Rivers.<br />

These studies are detailed in the Final Study Report (Study 1.0 Sedimentation, Study 2.0 Hydrocycling, Study 5.0 Flow<br />

Depletion and Flow Diversion, and Study 14.0 Alternative Project Operations and Sediment Management).<br />

The <strong>District</strong> previously responded to a similar USFWS comment regarding Joeckel and Henebry (2008) in Study 2.0<br />

Hydrocycling Section 5.4.3 Regime Analysis. The <strong>District</strong> also previously responded to a similar USFWS comment<br />

regarding Elliot (2009) in a letter to FERC dated November 24, 2010.<br />

Throughout relicensing, the <strong>District</strong> has cited and provided USACE, USGS, and other sources that confirm that the<br />

geomorphic condition of the lower Platte River is in dynamic equilibrium. The <strong>District</strong> does not consider the support of<br />

this position to be in question.<br />

The <strong>District</strong> previously responded to a similar USFWS comment regarding the potential affect of hydrocycling on<br />

sandbar erosion on Attachment B, Pages 11 and 12 of the <strong>District</strong>’s May 11, 2011 Response to Comments on the SISR.<br />

Additional information is provided in response to USFWS comment 17, above.<br />

The <strong>District</strong> notes that Study 4.0, Water Temperature in the <strong>Loup</strong> River Bypass Reach determined no statistically<br />

significant relationship between water temperature and discharge (see FLA Section E.6.3.2 and FLA Volume 3,<br />

<strong>Appendix</strong> C). Furthermore, the <strong>District</strong> previously responded to a similar USFWS comment regarding temperature in<br />

the bypass reach in Attachment B, Page 9 of the <strong>District</strong>’s May 11, 2011 Response to Comments on the SISR.<br />

The <strong>District</strong>’s proposed action (see FLA Section E.5.2), includes the provision of 75 cfs of flow in the <strong>Loup</strong> River<br />

bypass reach in accordance with previous agreements, as discussed in FLA Section E.6.3.3.<br />

The <strong>District</strong> notes that Study 4.0, Water Temperature in the <strong>Loup</strong> River Bypass Reach determined no statistically<br />

significant relationship between water temperature and discharge (see FLA Section E.6.3.2 and FLA Volume 3,<br />

<strong>Appendix</strong> C). Furthermore, the <strong>District</strong> previously responded to a similar USFWS comment regarding temperature in<br />

the bypass reach in Attachment B, Page 9 of the <strong>District</strong>’s May 11, 2011 Response to Comments on the SISR.<br />

The <strong>District</strong>’s proposed action (see FLA Section E.5.2), includes the provision of 75 cfs of flow in the <strong>Loup</strong> River<br />

bypass reach in accordance with previous agreements, as discussed in FLA Section E.6.3.3.<br />

The <strong>District</strong> previously responded to a similar USFWS comment regarding bypass reach habitat related to flow on<br />

Attachment B, Page 19 of the <strong>District</strong>’s May 11, 2011 Response to Comments on the SISR.<br />

The <strong>District</strong>’s response to USFWC Comment No. 5 specifically addresses potential hydrocycling affects to the<br />

macroinvertebrate community of the lower Platte River.<br />

The <strong>District</strong> has included a discussion of the effects of hydrocycling on the macroinvertebrate community of the lower<br />

Platte River in Sections 6.1.6 and 6.3.8 of the Draft BA (FLA <strong>Appendix</strong> E-2). Additionally, the <strong>District</strong> previously<br />

responded to a similar USFWS comment regarding the affects of hydrocycling on pallid sturgeon on Attachment B,<br />

Pages 13-16 of the <strong>District</strong>’s May 11, 2011 Response to Comments on the SISR.<br />

The <strong>District</strong> has addressed potential changes to whooping crane habitat in Sections 5.3.2, 6.2.2, and 6.2.3 of the Draft<br />

BA ((FLA <strong>Appendix</strong> E-2).<br />

Additionally, the <strong>District</strong> previously responded to a similar USFWS comment regarding Project affects to whooping<br />

crane in Attachment B, Pages 2-7 of the <strong>District</strong>’s May 11, 2011 Response to Comments on the SISR.<br />

The <strong>District</strong> has addressed potential changes to whooping crane habitat in Sections 5.3.2, 6.2.2, and 6.2.3 of the Draft<br />

BA ((FLA <strong>Appendix</strong> E-2).<br />

Additionally, the <strong>District</strong> previously responded to a similar USFWS comment regarding Project affects to whooping<br />

crane on Attachment B, Pages 2-7 of the <strong>District</strong>’s May 11, 2011 Response to Comments on the SISR.


<strong>Loup</strong> River Hydroelectric Project April 13, 2012<br />

FERC Project No. 1256<br />

NUMBER COMMENT / COMMENT SUMMARY DISTRICT RESPONSE<br />

25<br />

26<br />

27<br />

28<br />

29<br />

30<br />

31<br />

The Service does not support the DBA conclusion that interior least tern use of the <strong>Loup</strong> River in relation to use of other<br />

Nebraska rivers is minimal. The species recovery plan has identified the <strong>Loup</strong> River as important for species conservation<br />

and recovery, and species recovery cannot occur unless <strong>Loup</strong> River recovery objectives are achieved.<br />

The DBA does not include important interior and least tern adult and nest survey information that was provided by the<br />

(Nebraska Game and Parks) Commission.<br />

The <strong>Loup</strong> River upstream of the diversion has a higher number of: a) maximum number of individuals surveyed per mile,<br />

b) total number of least tern nests per river mile, and c) total number of nesting colonies per river mile for all three years of<br />

survey.<br />

The PLP stated that the calculation of channel width and depth using the no diversion effective and dominant discharges<br />

reveals that the values of both parameters would be larger under a no diversion condition than under current operations.<br />

The LPD May 11, 2011, response to SISR comments stated that under the no diversion condition, the <strong>Loup</strong> River bypass<br />

reach would over time develop characteristics similar to the upstream location. If the <strong>Loup</strong> River downstream of the<br />

Project diversion was geomorphically similar to the river upstream of the diversion, then species use would be similar. If<br />

the rate of species use for the <strong>Loup</strong> River bypass area was similar to use documented for the <strong>Loup</strong> River upstream of the<br />

diversion, then we would expect the: a) maximum number of individuals to increase by 20 to 33 individuals; b) total<br />

number of nests to increase by 4 to 26 nests; and c) number of nesting colonies to increase by 2 to 4 colonies.<br />

Channel width in the bypass segment of the <strong>Loup</strong> River is narrower than channels upstream of the diversion. The Service<br />

believes that the lower rates of use and nesting in the <strong>Loup</strong> River bypass are linked to lower channel width suitability.<br />

Furthermore, the DBA did not consider the position of the sandbars in relation to habitat suitability. While the DBA<br />

correctly states that the <strong>Loup</strong> River bypass has greater areas of bare sand, the Service does not consider bare sand as<br />

suitable habitat unless the sand represents a mid-channel sandbar isolated by streamf1ow. Study sites upstream of the<br />

Project diversion have a larger percentage of mid-channel bars in comparison to downstream sites which have a higher<br />

proportion of point bars. Mid-channel sandbars located upstream of the project diversion are likely to be higher in<br />

suitability because sandbars would be located away from visual obstructions.<br />

Project operations may affect least tern forage because of Project diversions affecting water temperature in the <strong>Loup</strong> River<br />

bypass and instream habitat in the <strong>Loup</strong> and Platte River bypass areas. Least terns are opportunistic feeders. However,<br />

adults and chicks have different sizes requirements for food items, so a diverse and healthy fish community is necessary to<br />

support different least tern life stages.<br />

The Service supports the DBA assessment that OHV could represent a disturbance-related effect to the species, and broad<br />

use of OHV in the bypass may be facilitated by low bypass flows.<br />

The DBA concluded that factors such as suitable habitat, mid-summer flooding, recreational disturbance, predation,<br />

nesting success in other locations, and threats in the wintering locations create variability in nesting numbers. The Service<br />

has determined that the DBA analyses cannot singularly assess Project effects to least tern nesting. The Project may/may<br />

not affect the species, but current methods can not verify this effect (of lack of) because methods cannot account for the<br />

aforementioned confounding factors that creates variability in the results.<br />

According to the LPD USR response, approximately 1,794,800 tons of sediment are removed on an average annual basis<br />

through Project operations. Assuming a bulk density of sand at 1.9 tons per cubic yard (Kinzel 2009), approximately<br />

944,632 cubic yards of sediment near the Project tailrace return would be needed to maintain sediment balance on an<br />

annual basis. The sediment removed from the available sediment supply would come from Platte River streambed, banks,<br />

and sandbars. Project removal of sediment at the Project diversion may affect Platte River sandbar formation and<br />

sediment free water from the Tailrace Return may facilitate sandbar erosion. This relationship between suspended<br />

sediments and sandbar development has been documented in other river basins.<br />

9<br />

Sections 5.2.3 and 6.1 of the Draft BA (FLA <strong>Appendix</strong> E-2) clarify discussions and provide additional information that<br />

supports the determination that Project relicensing may affect, but is not likely to adversely affect, the interior least tern<br />

and the piping plover.<br />

The referenced survey information has been added to Section 5.1.3 of the Draft BA (FLA <strong>Appendix</strong> E-2).<br />

The <strong>District</strong> notes that regardless of bypass reach conditions (under current operations or a no diversion scenario), the<br />

nesting data demonstrates higher least tern nest counts along the <strong>Loup</strong> River below the Project diversion, as compared to<br />

least tern nest counts on the <strong>Loup</strong> River above the Project diversion (see Section 5.1.3 of the Draft BA [FLA <strong>Appendix</strong><br />

E-2]).<br />

Further, the <strong>District</strong> has addressed issues related to sediment and sandbar habitat in Section 6. 1.4 and 6.1.5. of the Draft<br />

BA (FLA <strong>Appendix</strong> E-2).<br />

The <strong>District</strong> previously responded to a similar USFWS comment regarding temperature in the bypass reach on<br />

Attachment B, Page 9 of the <strong>District</strong>’s May 11, 2011 Response to Comments on the SISR.<br />

OHV use of the <strong>Loup</strong> River bypass reach is a private property matter over which the <strong>District</strong> has no control. Potential<br />

disturbance-related effects to least tern and piping plover, resulting from OHV use within the <strong>Loup</strong> River bypass reach,<br />

can not be linked to the <strong>District</strong>; furthermore, the <strong>District</strong> has no authority to police recreation activities on private<br />

property.<br />

The <strong>District</strong> notes that the Draft BA statement relative to multiple variables that affect nest count variability also<br />

included the statement that, while nest counts have been variable (from 1987 – 2009), Project operations have remained<br />

constant. It should also be noted that differences in nest count methodology may also attribute to this variability.<br />

Furthermore, the <strong>District</strong>’s studies were developed in an effort to isolate the Project effects. The effects of hydrocycling<br />

were evaluated in comparison to a run-of-river operation to assess potential frequency of benchmark flow exceedences<br />

as a surrogate for potential nest elevations. This analysis used historical flow data as a method of comparison. HEC-<br />

RAS models were used to compare current operations to run-of-river operations as a method of determining Project<br />

operations on river morphology and sediment transport parameters. Study 14.0 was performed to analyze how hydraulic<br />

and river morphology characteristics would be affected under hypothetical situations relative to sediment availability<br />

(for the Platte River) and by-pass flow rates (for the <strong>Loup</strong> River bypass reach). In each circumstance, no substantial<br />

difference between current operations and run-of-river operations were identified.<br />

The <strong>District</strong> previously responded to a similar USFWS comments regarding sediment supply in, 1) Attachment B of the<br />

<strong>District</strong>’s November 24, 2010 Response to Comments on the ISR (USFWS Comment 2 on Project Sediment-related<br />

Effects: Tailrace to North Bend and 2) Attachment B, Pages 24 to 28 of the <strong>District</strong>’s May 11, 2011 Response to<br />

Comments on the SISR.<br />

The <strong>District</strong> previously responded to a similar FERC comment regarding the potential for Project discharge to facilitate<br />

sandbar erosion in Attachment A of the <strong>District</strong>’s November 23, 2011 Response to Comments on the USR.


<strong>Loup</strong> River Hydroelectric Project April 13, 2012<br />

FERC Project No. 1256<br />

NUMBER COMMENT / COMMENT SUMMARY DISTRICT RESPONSE<br />

32<br />

33<br />

34<br />

35<br />

36<br />

37<br />

38<br />

39<br />

40<br />

41<br />

42<br />

The PLP referenced results from the aggradation/degradation analysis which used methods from Chen et al. (1999) stating<br />

that channel degradation was not detected at the North Bend streamgage and sites further downstream. However, the<br />

aggradation/degradation analysis is limited in that stream gage. The North Bend gage is approximately 30 miles<br />

downstream from the Project tailrace, and methods could not be used to detect change to the sub-aerial component of the<br />

channel (i.e., sandbars) (Alexander 2009).<br />

As discussed in <strong>Appendix</strong> B, Project hydrocycling operations also affect primary productivity in the Platte River below the<br />

tailrace return which may affect least tern forage base. Project hydrocycling affect the least tern through sandbar erosion,<br />

and the continuous wetting of sandbars may also impact sandbar suitability by facilitating vegetation establishment.<br />

Project hydrocycling also affects least tern nest inundation. The Service does not support the DBA conclusion that the<br />

relative elevation above the wetted sand of a sand bar would be the same for current operations and a run-of-river scenario.<br />

It is reasonable to conclude under certain flow conditions that hydrocycling either: a) has the potential for nest inundation,<br />

or b) has the potential to inundate nesting habitat that would preclude nesting opportunities.<br />

The genus for the least tern has recently changed from Sterna to Sternula.<br />

The DBA is correct in that the breeding range (of the least tern) has not changed, but the number of breeding sites rangewide<br />

has diminished. Noted.<br />

The DBA statement that least terns are associated with piping plovers at nesting sites is incomplete. The species have<br />

been known to nest at colonies independent of the other species. Furthermore, species ranges are different further<br />

documenting why species are not always associated.<br />

The Service would like to caution the use of 2005 census data as the sole source of data used to determine the significance<br />

of the <strong>Loup</strong> River to the species. Noted.<br />

The North SMA has 425.5 acres of sand, but only 100 to 150 acres is considered habitat for terns and plovers.<br />

The Service does not view the MOU as a mitigation or enhancement offset for <strong>Loup</strong> or Platte River habitat impacts. The<br />

North SMA memorandum of understanding reduces the take of least tern and piping plover nests resulting from sand<br />

mining operations only and does not reduce effects of Project operations on <strong>Loup</strong> River nesting habitat.<br />

The Service does not support the DBA conclusion that piping plover use of the <strong>Loup</strong> River in relation to use of other<br />

Nebraska rivers is minimal. The species recovery plan has identified the <strong>Loup</strong> River as important for species conservation<br />

and recovery, and species recovery cannot occur unless <strong>Loup</strong> River recovery objectives are achieved.<br />

The DBA does not include important adult and nest survey information.<br />

Similar to findings in the least tern section, the <strong>Loup</strong> River upstream of the diversion has a higher number of: a) piping<br />

plover individuals per mile, b) piping plover nests per river mile, and c) nesting colonies per river mile for all three years<br />

of survey. This change is especially dramatic when considering that a single nesting colony as well as all of the<br />

documented piping nests in the <strong>Loup</strong> River bypass area occurred at the Central Sand and Gravel sandpit. As noted in<br />

Figure C-5, channel widths of approximately 1,700 feet are much wider than widths documented in the flow<br />

depletion/flow diversion study in the bypass area. When removing nest totals from the Central Sand and Gravel sandpit,<br />

there would be zero nests in the <strong>Loup</strong> Bypass area.<br />

The PLP stated that the calculation of channel width and depth using the no diversion effective and dominant discharges<br />

reveals that the values of both parameters would be larger under a no diversion condition than under current operations.<br />

10<br />

The <strong>District</strong> previously responded to a similar USFWS comments regarding the aggradation/degradation analysis in<br />

Attachment B of the <strong>District</strong>’s November 24, 2010 Response to Comments on the ISR (USFWS Comment 2 and 3 on<br />

Aggradation/Degradation).<br />

The <strong>District</strong>’s response to USFWC Comment No. 5 specifically addresses potential hydrocycling affects to the<br />

macroinvertebrate community of the lower Platte River.<br />

The <strong>District</strong> has included a discussion of the effects of hydrocycling on the macroinvertebrate community of the lower<br />

Platte River in Sections 6.1.6 and 6.3.8 of the Draft BA (FLA <strong>Appendix</strong> E-2).<br />

The <strong>District</strong> previously responded to a similar USFWS comment regarding the potential affect of hydrocycling on<br />

sandbar erosion on Attachment B, Pages 11 and 12 of the <strong>District</strong>’s May 11, 2011 Response to Comments on the SISR.<br />

The <strong>District</strong> has provided additional information and clarification regarding the <strong>District</strong>’s analysis of potential for piping<br />

plover and interior least tern nest inundation is included in Draft BA Section 6.1.6 (FLA <strong>Appendix</strong> E-2).<br />

The <strong>District</strong> previously responded to a similar USFWS and NGPC comment regarding the potential for nest inundation<br />

resulting from hydrocycling in Attachment C, Pages 13 to 25 of the <strong>District</strong>’s May 11, 2011 Response to Comments on<br />

the SISR.<br />

Noted and applied to the FLA and associated Draft BA.<br />

Section 5.1.2. of the Draft BA (FLA <strong>Appendix</strong> E-2) has been updated, consistent with USFWS input.<br />

Noted.<br />

The <strong>District</strong> agrees that the MOU reduces the risk of take of least tern and piping plover nests resulting from sand<br />

mining operations. The <strong>District</strong> also cites the species data contained within Section 5.1.3 of the Draft BA that<br />

demonstrates the considerable use of the North SMA by the species and demonstrates that the MOU has been effective<br />

in protecting the species at the North SMA.<br />

The <strong>District</strong> has clarified discussions and provided additional information that supports the determination that Project<br />

relicensing may affect, but is not likely to adversely affect, the interior least tern and the piping plover in Section 5.2.3<br />

of the Draft BA (FLA <strong>Appendix</strong> E-2).<br />

The <strong>District</strong> notes that regardless of bypass reach conditions under a no diversion scenario, the current data provided in<br />

Section 5.1.3 of the Draft BA (FLA <strong>Appendix</strong> E-2) demonstrates higher piping plover nest counts along the <strong>Loup</strong> River


<strong>Loup</strong> River Hydroelectric Project April 13, 2012<br />

FERC Project No. 1256<br />

NUMBER COMMENT / COMMENT SUMMARY DISTRICT RESPONSE<br />

43<br />

44<br />

45<br />

46<br />

47<br />

48<br />

50<br />

51<br />

Channel width in the bypass segment of the <strong>Loup</strong> River is narrower than channels upstream of the diversion. Results from<br />

the HEC-RAC analysis show channel widths upstream of the diversion averaging 825 feet while channels downstream of<br />

the diversion average 640 feet.<br />

The Service believes that the lower rates of use and nesting in the <strong>Loup</strong> River bypass are linked to lower channel width<br />

suitability. While the DBA correctly states that the <strong>Loup</strong> River bypass has greater areas of bare sand, the Service does not<br />

consider bare sand as nesting habitat unless the sand represents a mid-channel sandbar isolated by streamflow. Study sites<br />

upstream of the Project diversion have a larger percentage of mid-channel bars in comparison to downstream sites which<br />

have a higher proportion of point bars. Mid-channel sandbars located upstream of the project diversion are likely to be<br />

higher in suitability because sandbars would be located away from visual obstructions.<br />

As discussed in the least tern section, the Project may/may not affect the species, but current methods cannot verify this<br />

effect (or lack of) because methods cannot account for the confounding factors that creates variability in the results.<br />

Project hydrocycling operations affects primary productivity in the Platte River below the tailrace return which may affect<br />

piping plover forage base.<br />

Project hydrocycling may affect the piping plover through sandbar erosion, and the continuous wetting of sandbars may<br />

also impact sandbar suitability by facilitating vegetation establishment. It is also reasonable to conclude under certain flow<br />

conditions that hydrocycling either: a) has the potential for nest inundation, or b) has the potential to inundate nesting<br />

habitat that would preclude nesting opportunities.<br />

11<br />

below the Project diversion, as compared to least tern nest counts along the <strong>Loup</strong> River above the Project diversion.<br />

The <strong>District</strong> notes that the Draft BA statement relative to multiple variables that affect nest count variability also<br />

included the statement that, while nest counts have been variable (from 1987 – 2009), Project operations have remained<br />

constant. It should also be pointed out that differences in nest count methodology may also attribute to this variability.<br />

Furthermore, the <strong>District</strong>’s studies were developed in an effort to isolate the Project effects. The effects of hydrocycling<br />

were evaluated in comparison to a run-of-river operation to assess potential frequency of benchmark flow exceedences<br />

as a surrogate for potential nest elevations. This analysis used historical flow data as a method of comparison. HEC-<br />

RAS models were used to compare current operations to run-of-river operations as a method of determining Project<br />

operations on river morphology and sediment transport parameters. Study 14.0 was performed to analyze what would<br />

happen to hydraulic and river morphology characteristics under hypothetical situations relative to sediment availability<br />

(for the Platte River) and by-pass flow rates (for the <strong>Loup</strong> River bypass reach). In each circumstance, no substantial<br />

difference between current operations and run-of-river operations were identified.<br />

The <strong>District</strong>’s response to USFWC Comment No. 5 specifically addresses potential hydrocycling affects to the<br />

macroinvertebrate community of the lower Platte River.<br />

The <strong>District</strong> has included discussion of the effects of hydrocycling on the macroinvertebrate community of the lower<br />

Platte River in Sections 6.1.6 and 6.3.8 of the Draft BA (FLA <strong>Appendix</strong> E-2).<br />

The <strong>District</strong> previously responded to a similar USFWS comment regarding the potential affect of hydrocycling on<br />

sandbar erosion in Attachment B, Pages 11 and 12 of the <strong>District</strong>’s May 11, 2011 Response to Comments on the SISR.<br />

The Service cautions the use of international piping plover census data as the sole source of data to determine the<br />

significance of the <strong>Loup</strong> River to the species. Noted. Additionally, the <strong>District</strong> has included additional survey data along the <strong>Loup</strong> River in Section 5.1.3<br />

The International Piping Plover Census is conducted every five years, not four as cited in the DBA.<br />

Table 3 of the DBA should compare the <strong>Loup</strong> River metapopulation to the total number of piping plover adults when<br />

comparisons should be developed at the subspecies, population, or Distinct Population Segment level because of the<br />

biological significance of these units to species conservation.<br />

Banded piping plover data accessible to the LPD demonstrates regular and routine dispersal between breeding sites and<br />

areas at various scales. This exchange of individuals demonstrates the <strong>Loup</strong> River contributes to the overall population<br />

and shows the interconnectedness of breeding areas and sites. Loss or increases of breeding sites and habitat on the <strong>Loup</strong><br />

River, or elsewhere for that matter, has population-level consequences.<br />

The Project's removal of 24 percent of the sediment supply at the Project tailrace may result in future channel degradation<br />

which would affect pallid sturgeon habitat.<br />

Pallid sturgeon may also be affected by Project bypass operations. Study Site 3, located within the Platte River bypass<br />

area, has narrower channels compared to study sites downstream of the Project's tailrace return which is a result of Project<br />

diversions lowering effective discharge. This reduction in channel area would assume to have some proportionate<br />

Noted and updated in Draft BA Section 5.1.3 (FLA <strong>Appendix</strong> E-2).<br />

The <strong>District</strong> is uncertain as to the information requested herein. The <strong>District</strong> has included all relevant species data, at its<br />

disposable.<br />

Relicensing of the Project would not result in habitat loss. It would however maintain the North SMA as suitable habitat<br />

that contributes to the interconnectedness noted by the USFWS.<br />

The <strong>District</strong> previously responded to a similar USFWS comments regarding sediment supply in, 1) Attachment B of the<br />

<strong>District</strong>’s November 24, 2010 Response to Comments on the ISR (USFWS Comment 3 on Aggradation/Degredation<br />

and USFWS Comment 2 on Project Sediment-related Effects: Tailrace to North Bend) and 2) Attachment B, Pages 24 to<br />

28 of the <strong>District</strong>’s May 11, 2011 Response to Comments on the SISR. In addition, the <strong>District</strong> performed studies<br />

specific to the Project in both the <strong>Loup</strong> and Platte Rivers. These studies are detailed in the Final Study Report (Study<br />

1.0 Sedimentation, Study 2.0 Hydrocycling, Study 5.0 Flow Depletion and Flow Diversion, and Study 14.0 Alternative<br />

Project Operations and Sediment Management).<br />

<strong>District</strong> analysis regarding this USFWS concern is included in Draft BA Section 6.3.2 and Section 6.3.9 (FLA <strong>Appendix</strong><br />

E-2).


<strong>Loup</strong> River Hydroelectric Project April 13, 2012<br />

FERC Project No. 1256<br />

NUMBER COMMENT / COMMENT SUMMARY DISTRICT RESPONSE<br />

52<br />

53<br />

54<br />

55<br />

56<br />

57<br />

58<br />

59<br />

reduction in pallid sturgeon habitat.<br />

Project reductions in active channel area may affect pallid sturgeon habitats in two ways. Reduction in active channel area<br />

may affect the longitudinal distribution of habitats which in turn affect the presence or absence of species at large spatial<br />

scales (Rosenfeld 2003). Reductions in channel area may also reduce the lower Platte River's habitat capacity for a species<br />

which in turn affect species abundance (Rosenfeld 2003). These reductions in channel area may result in river segments<br />

that are unsuitable to pallid sturgeon, or suitability is so reduced that the river segment serves only as a migration corridor.<br />

The Project's removal of 24 percent of the sediment supply at the Project tailrace return could affect the development of<br />

channel sandbars and macroforms. Furthermore, the Project's release of clear water at the tailrace return would increase<br />

water clarity in the lower Platte River. The clear water returns would affect the pallid sturgeon which select for dark to<br />

very dark conditions, avoid areas of low turbidity, and have specialized physiological adaptations to turbid environments<br />

(Peters and Parham 2008b). The increase in water clarity would decrease habitat suitability and may increase predation<br />

pressure on individuals near the tailrace return (Peters and Parham 2008b).<br />

Project hydrocycling may also affect pallid sturgeon habitats.<br />

Elliot (2011) noted that deep water geomorphic classification (i.e., percent of deep water) was sensitive to discharge<br />

changes resulting from hydrocycling; therefore, it is reasonable to assume that hydrocycling similarly affects pallid<br />

sturgeon habitat.<br />

Service April 7, 2011, comments on the SISR identified Project hydrocycling effects to the connectivity to pallid sturgeon<br />

habitats.<br />

The most prominent Project effects to connectivity occur from February through June and in November. For certain<br />

months, Project effects to connectivity occur upstream to Study Site 4. These losses of connectivity at Study Site 3 could<br />

imply Project diversions potentially affecting pallid sturgeon habitat in the Platte River Bypass area. Project effects to<br />

habitat connectivity may reduce the capacity of the Platte River to support pallid sturgeon individuals. Reductions in<br />

habitat connectivity may also affect the spawning migration of pallid sturgeon in the Platte River between April and July<br />

when reproductive shovelnose and pallid sturgeon generally move upstream to spawn.<br />

It is likely that Project operations would not affect spawning behavior of the pallid sturgeon. DeLonay etal. (2009)<br />

identified potential long-term and short term cues for reproductive maturation and readiness to spawn. Day length is the<br />

likely long-term cue that is initiated months before a predictable spawning date. Of three potential short-term spawning<br />

cues (i.e., water temperature, discharge, day of year) water temperature is the most likely to affect the sensitivity of pallid<br />

sturgeon hormones, embryo development, and embryo survival. Since Project operations are not known to affect stream<br />

temperature in the Platte River, it is reasonable to conclude that Project operations would not affect spawning behavior.<br />

The Project may affect pallid sturgeon prey items by: a) flow and sediment-related effects to sustainability of habitats, b)<br />

flow and sediment-related effects to habitat quantity and quality, c) flow-related effects to habitat connectivity, and d)<br />

flow-related effects on primary production.<br />

Project reductions in channel area, reductions in suspended sediment, removal of sediment supply near the tailrace return<br />

may affect habitat quality and quantity of pallid sturgeon prey items.<br />

Project hydrocycling operations may affect habitat quality and connectivity of habitat for pallid sturgeon prey items.<br />

Project hydrocycling effects to primary production has been well documented. This effect would be realized for benthic<br />

invertebrates commonly consumed by juvenile pallid sturgeon as well as affecting small fishes commonly consumed by<br />

adults.<br />

University of Nebraska at Lincoln researchers have captured both stocked and wild pallid sturgeon upstream of the<br />

Elkhorn River confluence for all three sampling years and all three sampling time periods (i.e., spring, summer, and fall).<br />

Thus, implying that the Platte River provides habitat for the pallid sturgeon year round as opposed to providing seasonal<br />

habitat described in the DBA.<br />

12<br />

<strong>District</strong> analysis regarding this USFWS concern is included in Draft BA Section 6.3.2 and Section 6.3.9 (FLA <strong>Appendix</strong><br />

E-2).<br />

The USFWS’s definitive statement regarding clean water discharge impacts to the Platte River is speculative, not<br />

substantiated by associated turbidity sampling, and contrary to Project-specific study findings. Attachment B of the<br />

<strong>District</strong>’s November 23, 2011 response to USFWS Comment 3 on the Updated Study Report illustrates a lack of bed<br />

coarsening downstream of the Tailrace return: this suggests a lack of clear water, as clear water would result in bed<br />

coarsening. In addition, the <strong>District</strong> previously responded to a similar USFWS comments regarding sediment supply in,<br />

1) Attachment B of the <strong>District</strong>’s November 24, 2010 Response to Comments on the ISR (USFWS Comment 2 on<br />

Project Sediment-related Effects: Tailrace to North Bend) and 2) Attachment B, Pages 24 to 28 of the <strong>District</strong>’s May 11,<br />

2011 Response to Comments on the SISR.<br />

<strong>District</strong> analysis regarding this USFWS concern is included in Draft BA Section 6.3.2 and Section 6.3.9 (FLA <strong>Appendix</strong><br />

E-2).<br />

The <strong>District</strong> previously responded to a similar USFWS comment regarding the affects of hydrocycling on pallid<br />

sturgeon on Attachment B, Pages 13-16 of the <strong>District</strong>’s May 11, 2011 Response to Comments on the SISR.<br />

The <strong>District</strong> concurs with this USFWS conclusion.<br />

<strong>District</strong> analysis regarding this USFWS concern is included in Draft BA Section 6.3.8 and Section 6.3.9 (FLA <strong>Appendix</strong><br />

E-2).<br />

The <strong>District</strong>’s response to USFWC Comment No. 5 specifically addresses potential hydrocycling affects to the<br />

macroinvertebrate community of the lower Platte River.<br />

<strong>District</strong> analysis regarding this USFWS concern is included in Draft BA Section 6.3.2 and Section 6.3.9 (FLA <strong>Appendix</strong><br />

E-2).<br />

The reference to seasonal habitat has been removed from the Draft BA (FLA <strong>Appendix</strong> E-2).<br />

60 The Service cautions the use of angler-reported pallid sturgeon to determine the range of the species. The initial range of The <strong>District</strong> notes that the reference to angler reported sturgeon in the DBA is from Peters and Parham; which is a


<strong>Loup</strong> River Hydroelectric Project April 13, 2012<br />

FERC Project No. 1256<br />

NUMBER COMMENT / COMMENT SUMMARY DISTRICT RESPONSE<br />

the pallid sturgeon for the Platte River (i.e., downstream of the Elkhorn River confluence) was developed in absence of<br />

directed research upstream of the Elkhorn River confluence. The University of Nebraska at Lincoln studies provided the<br />

first effort in searching for the species upstream of the confluence.<br />

13<br />

widely used reference for pallid sturgeon. The <strong>District</strong> also notes that the DBA also utilizes the findings of the UNL<br />

Sturgeon Management Study. Further, the <strong>District</strong> notes that Peters and Parham used multiple gear types in multiple<br />

unsuccessful attempts to capture pallid sturgeon at multiple lower Platte River sampling locations upstream of the<br />

Elkhorn River confluence (2008).


APPENDIX E-6<br />

CONSULTATION RECORD


<strong>Loup</strong> River Hydroelectric Project ‐ FERC Project No. 1256<br />

Relicensing Correspondence<br />

DATE TYPE FROM TO SUBJECT<br />

April 28, 2006 Letter George Waldow (HDR)<br />

Ann Bleed (NDNR), Frank<br />

Albrecht (NGPC), Robert<br />

Puschendorf (SHPO), Steve<br />

Anschutz (USFWS)<br />

Introduction Letter<br />

May 12, 2006 Letter George Waldow (HDR) Jay Ringenberg (NDEQ) Introduction Letter<br />

February 11, 2008 Letter Neal Suess (LPD) Ann Bleed (NDNR) <strong>Loup</strong> River Activities<br />

April 22, 2008 Letter Neal Suess (LPD) Stakeholders Agency Orientation Invitation Letter<br />

April 25, 2008 Letter<br />

Donald Bright (USDA ‐ Forest<br />

Dept)<br />

Neal Suess (LPD) <strong>Part</strong>icipation Withdrawal<br />

May 7, 2008 Meeting<br />

Notes<br />

HDR Meeting Attendees Agency Orientation Meeting<br />

May 12, 2008 Email Emily Buss (HDR) Agencies and Stakeholders Agency Follow‐up Meeting Schedule<br />

May 14, 2008 Email Frank Albrecht (NGPC) Emily Buss (HDR) POC and NGPC Initial Concerns<br />

May 19, 2008 Email Randy Thoreson (NPS) Emily Buss (HDR) POC and NPS Initial Concerns<br />

May 20, 2008 Email John Bender (NDEQ) Emily Buss (HDR) NGO List<br />

May 30, 2008 Letter Neal Suess (LPD) Stakeholders Open House Invitation Letter<br />

June 2, 2008 Email Philip J Soenksen (USGS) Emily Buss (HDR) USGS Initial Concerns<br />

June 3, 2008 Email Emily Buss (HDR) Agencies and Stakeholders Agency Follow‐up Meeting Schedule Follow‐up Email<br />

June 5, 2008 Email John Bender (NDEQ) Emily Buss (HDR) POC and NDEQ Initial Concerns<br />

June 6, 2008 Telephone<br />

Stephanie White<br />

Record<br />

<strong>Loup</strong> Project Hotline Hotline Message<br />

June 6, 2008 Letter Neal Suess (LPD) Stakeholders Joint Agency Invitation Letter<br />

June 9, 2008 Email Martha (Marty) Link (NDEQ) Emily Buss (HDR) NDEQ POC<br />

June 10, 2008 Comment<br />

Form<br />

H Groothuis (public) Comment Form Comment on the Project<br />

June 10, 2008 Comment<br />

Form<br />

D Westermann (public) Comment Form Comment on the Project<br />

June 10, 2008 Comment<br />

Form<br />

T Keuter (public) Comment Form Comment on the Project<br />

June 10, 2008 Comment<br />

Form<br />

BLANK Comment Form Comment on the Project<br />

June 10, 2008 Comment<br />

Form<br />

BLANK Comment Form Comment on the Project<br />

June 11, 2008 Email Anna Baum (Upper <strong>Loup</strong> NRD) Emily Buss (HDR) Upper <strong>Loup</strong> NRD Initial Concerns<br />

June 16, 2008 Letter<br />

Justin Lavene (Attorney<br />

General's Office)<br />

Neal Suess (LPD) Attorney General Office POC<br />

June 17, 2008 Email Henry Santin (Nance Co Board) Emily Buss (HDR) Nance County POC and Initial Concerns<br />

June 17, 2008 Letter Adrian Smith (Congress) Neal Suess (LPD) Tour of Facilities<br />

June 18, 2008 Email Joe Cothern (USEPA) Neal Suess (LPD) USEPA POC and Initial Concerns


<strong>Loup</strong> River Hydroelectric Project ‐ FERC Project No. 1256<br />

Relicensing Correspondence<br />

DATE TYPE FROM TO SUBJECT<br />

June 19, 2008 Email Emily Buss (HDR) Agencies and Stakeholders Meeting Reminder and Agenda<br />

June 19, 2008 Email Emily Buss (HDR) Agencies and Stakeholders Agency Concerns Meeting Reminder and Agenda<br />

June 20, 2008 Letter<br />

Nebraska Department of<br />

Natural Resources<br />

Emily Buss (HDR) Issues concerning the relicensing of the <strong>Loup</strong> Public <strong>Power</strong> <strong>District</strong> with FERC<br />

June 20, 2008 Letter Neal Suess (LPD) Stakeholders Informational Letter<br />

June 23, 2008 Email Jean Angell (NDNR) Emily Buss (HDR) DNR Initial Concerns<br />

June 23, 2008 Letter Aaron Thompson (USBOR) Neal Suess (LPD) Bureau of Reclamation POC<br />

June 24, 2008 Email Robert Harms (USFWS) Neal Suess (LPD) USFWS Initial Concerns<br />

June 25, 2008 Meeting<br />

Notes<br />

HDR Meeting Attendees Agency Follow‐up Meeting – Identify Issues & Concerns<br />

June 27, 2008 Letter Neal Suess (LPD) H Groothuis (public) Response to Comment<br />

June 27, 2008 Letter Neal Suess (LPD) T Keuter (public) Response to Comment<br />

June 27, 2008 Email Stephanie White (HDR) Randy Thoreson (NPS) Recreation/Land Use/Aesthetics Workgroup Contact List<br />

June 27, 2008 Email Stephanie White (HDR) Jean Angell (NDNR) Water Rights Workgroup Contact List<br />

June 27, 2008 Comment<br />

Form<br />

S Drinnin (public) Comment Form Comment on the Project<br />

June 30, 2008 Comment T Stec (public) Neal Suess (LPD) Conversation about the Relicensing<br />

July 1, 2008 Letter Ron Ziola (LPD) Jean Angell (NDNR) Information requested regarding irrigators and access to project property<br />

July 1, 2008 Letter Neal Suess (LPD) D Westermann (public) Response to Comment<br />

July 1, 2008 Phone T Keuter (public) Ron Ziola (LPD) Camping<br />

July 2, 2008 Email Matt Pillard (HDR) Robert Harms (USFWS) FERC and ESA process discussion and Endangered Species List<br />

July 2, 2008 Email Matt Pillard (HDR) Randy Thoreson (NPS) Work Group Coordination<br />

July 2, 2008 Email Matt Pillard (HDR) Agencies and Stakeholders June 25th Meeting Notes<br />

July 3, 2008 Email John Bender (NDEQ) Matt Pillard (HDR) Fish Kill and Integrated Reports<br />

July 7, 2008 Comment T Jarecke (public) Ron Ziola (LPD) Conversation about the Relicensing Process<br />

July 8, 2008 Letter Neal Suess (LPD) S Drinnin (public) Response to Comment<br />

July 11, 2008 Email Matt Pillard (HDR) Robert Harms (USFWS) FERC and ESA process discussion and Endangered Species List<br />

July 11, 2008 Email J Gates (public) Project Email Address Relicensing Process<br />

July 14, 2008 Letter Neal Suess (LPD)<br />

Richard Roos‐Collins<br />

(Natural Heritage Institute)<br />

Invitation to <strong>Part</strong>icipate in Project Scoping<br />

July 14, 2008 Email Matt Pillard (HDR) Robert Harms (USFWS) July 22 meeting Agenda<br />

July 14, 2008 Email Matt Pillard (HDR) Agencies and Stakeholders Meeting Notes and Next Meeting Reminder<br />

July 14, 2008 Email Matt Pillard (HDR) Agencies and Stakeholders Meeting Date Correction<br />

July 15, 2008 Email Matt Pillard (HDR) Frank Albrecht (NGPC) Meeting Notes and Agenda for July 24th Meeting<br />

July 16, 2008 Email Randy Thoreson (NPS)<br />

Recreation/Land<br />

Use/Aesthetics Workgroup<br />

Recreation/Land Use/Aesthetics Workgroup Call<br />

July 17, 2008 Meeting<br />

Notes<br />

HDR Meeting Attendees Recreation / Land Use / Aesthetics Work Group<br />

July 18, 2008 Letter Ron Ziola (LPD) Jean Angell (NDNR) Interference Agreements


<strong>Loup</strong> River Hydroelectric Project ‐ FERC Project No. 1256<br />

Relicensing Correspondence<br />

DATE TYPE FROM TO SUBJECT<br />

July 21, 2008 Letter Ronald Asche (NPPD) Neal Suess (LPD) POC Change<br />

July 21, 2008 Letter John Cochnar (USFWS) Neal Suess (LPD) USFWS Technical Assistance<br />

July 22, 2008 Meeting<br />

Notes<br />

HDR Meeting Attendees Water Rights Work Group<br />

July 22, 2008 Meeting<br />

Notes<br />

HDR Meeting Attendees (USFWS) Correlation between ILP and ESA Section 7 processes<br />

July 24, 2008 Meeting<br />

Notes<br />

HDR Meeting Attendees Agency Follow‐up Meeting – Study Needs<br />

July 25, 2008 Letter RE White (LPD) Kirk Nelson (NGPC) <strong>Loup</strong>‐NGPC Correspondence 2003‐2004<br />

July 25, 2008 Email Neal Suess (LPD) J Gates (public) Response to Comment<br />

July 30, 2008 Email Matt Pillard (HDR) Agencies and Stakeholders Agency Meeting ‐ Study Needs Continued<br />

July 30, 2008 Email Henry Santin (Nance Co Board) Matt Pillard (HDR) Review of Meeting Notes and Issues Clarification<br />

July 30, 2008 Email<br />

Robert Mohler (Lower <strong>Loup</strong><br />

NRD)<br />

Project Email Address Sediment Budget<br />

July 31, 2008 Email Jeff Schuckman (NGPC) Matt Pillard (HDR) Review of Meeting Notes and Issues Clarification<br />

August 1, 2008 Email Matt Pillard (HDR) Agencies and Stakeholders Draft 7‐24‐08 Agency Meeting Notes<br />

August 4, 2008 Letter Neal Suess (LPD) Jim Gates Response to Comment<br />

August 4, 2008 Letter Neal Suess (LPD) Robert Mohler Response to Comment<br />

August 7, 2008 Email Jeff Schuckman (NGPC) Matt Pillard (HDR) Study Needs<br />

August 13, 2008 Letter Lisa Richardson (HDR) Mary Bomberger‐Brown Request for interior least tern and piping plover data<br />

August 13, 2008 Email John Shadle (NPPD) Matt Pillard (HDR) Review of Meeting Notes and Issues Clarification<br />

August 13, 2008 Email Melissa Marinovich (HDR)<br />

Mary Bomberger‐Brown<br />

(TPCP)<br />

Request for tern and plover data<br />

August 13, 2008 Email Matt Pillard (HDR) Agencies and Stakeholders 7‐24 Meeting Minutes and 8‐19 Meeting Agenda<br />

August 14, 2008 Email Melissa Marinovich (HDR) Joel Jorgenson (NGPC) Copy of letter requesting data from Tern and Plover Conservation <strong>Part</strong>nership<br />

August 14, 2008 Email Jean Angell (NDNR) Matt Pillard (HDR) Additional DNR Concerns<br />

August 14, 2008 Email Robert Harms (USFWS) Matt Pillard (HDR) Additional USFWS Agenda Item Request<br />

August 15, 2008 Letter<br />

Nebraska Department of<br />

Natural Resources<br />

N/A Concerns requested to be addressed<br />

August 19, 2008 Meeting<br />

Notes<br />

HDR Meeting Attendees Agency Follow‐up Meeting – Study Needs Continued<br />

August 26, 2008 Email Mary Bomberger‐Brown (TPCP) Melissa Marinovich (HDR) Tern and Plover Photos<br />

August 26, 2008 Email Mary Bomberger‐Brown (TPCP) Melissa Marinovich (HDR) Tern Pair with Fish Photo


<strong>Loup</strong> River Hydroelectric Project ‐ FERC Project No. 1256<br />

Relicensing Correspondence<br />

DATE TYPE FROM TO SUBJECT<br />

August 26, 2008 Email Mary Bomberger‐Brown (TPCP) Melissa Marinovich (HDR) More Tern and Plover Photos<br />

August 29, 2008 Letter Jean Angell (NDNR) Pat Engelbert (HDR) DNR Study Requests<br />

September 5, 2008 Letter Lisa Richardson (HDR)<br />

Tony Provost (Omaha Tribe<br />

of Nebraska)<br />

Project Introduction Letter<br />

September 5, 2008 Letter Lisa Richardson (HDR)<br />

Francis Morris (Pawnee<br />

Nation of Oklahoma)<br />

Project Introduction Letter<br />

September 5, 2008 Letter<br />

Joel Jorgenson (NGPC) and<br />

Lisa Richardson (HDR)<br />

Mary Bomberger‐Brown (TPCP)<br />

Requested Tern and Plover Data<br />

September 18, 2008 Letter June DeWeese (USFWS) Neal Suess (LPD) Supplemental Technical Advisory<br />

September 23, 2008 Letter Kristal Stoner (NGPC) Melissa Marinovich (HDR) Response to Request for data<br />

October 22, 2008 Letter<br />

Randall Karstaedt (Department<br />

Neal Suess (LPD)<br />

of the Interior ‐ Forestry Dept)<br />

<strong>Part</strong>icipation Withdrawal<br />

October 23, 2008 Letter Ann Miles (FERC)<br />

Ansley Griffin (Omaha Tribe<br />

of Nebraska), George Howell<br />

(Pawnee Tribe), Larry Wright<br />

(Ponca Tribe of Nebraska),<br />

Trey Howe (Ponca Tribe of Tribal <strong>Consultation</strong><br />

Oklahoma), Roger Trudell<br />

(Santee Sioux Tribe), John<br />

Blackhawk (Winnebago<br />

Tribe)<br />

October 29, 2008 Email<br />

Gary Robinette (Ponca Tribe of<br />

Kim Nguyen (FERC)<br />

Nebraska<br />

No Comment on the new permit<br />

October 30, 2008 Email John Shadle (NPPD) Matt Pillard (HDR) POC for Nebraska Public <strong>Power</strong> <strong>District</strong><br />

November 3, 2008 Email Jean Angell (NDNR) Matt Pillard (HDR) Relicensing Pre Application Document<br />

November 3, 2008 Email Lisa Richardson (HDR) Jean Angell (NDNR) Information Request and Meeting Notes Clarifications<br />

November 3, 2008 Email Jean Angell (NDNR) Lisa Richardson (HDR) Information Request Response and Ice Reports<br />

November 24, 2008 Email John Bender (NDEQ) Matt Pillard (HDR) Fish Tissue Info<br />

December 1, 2008 Letter Lisa Richardson (HDR) Joel Jorgenson (NGPC) Information request for piping plover and least tern population trends in Nebraska<br />

December 2, 2008 Letter Neal Suess (LPD) Jean Angell (NDNR) Data Request<br />

December 8, 2008 Email Matt Pillard (HDR) Agencies and Stakeholders Notice of Scoping Information<br />

December 9, 2008 Email<br />

Louis Houghton (Winnebago<br />

Tribe of Nebraska)<br />

Kim Nguyen (FERC) No Comment on the new permit<br />

December 11, 2008 Email Robert Puschendorf (SHPO) Matt Pillard (HDR) SHPO POC<br />

December 12, 2008 Letter Kim Nguyen (FERC) Public and Stakeholder Notice of Scoping Meetings and Site Visits


<strong>Loup</strong> River Hydroelectric Project ‐ FERC Project No. 1256<br />

Relicensing Correspondence<br />

DATE TYPE FROM TO SUBJECT<br />

December 12, 2008 Letter Kim Nguyen (FERC) Public and Stakeholder<br />

Scoping of environmental issues for relicensing the <strong>Loup</strong> River<br />

Hydroelectric Project<br />

December 15, 2008 Postcard <strong>Loup</strong> Public <strong>Power</strong> <strong>District</strong> Public and Stakeholder Announcement of SD1 and Invitation to Scoping Meeting<br />

December 19, 2008 Meeting<br />

Notes<br />

HDR Meeting Attendees Recreation/Land Use/Aesthetics Work Group Study Plans<br />

December 19, 2008 Email Matt Pillard (HDR) Agencies and Stakeholders<br />

Project Update Information (PAD, Notice of Commencement, Site Visit, Upcoming<br />

Meetings)<br />

December 24, 2008 Letter Kristal Stoner (NGPC) Lisa Richardson (HDR)<br />

Request for information for piping plover and least tern population trends in<br />

Nebraska<br />

January 5, 2009 Letter Neal Suess (LPD) Robert Puschendorf (SHPO) Area of Potential Effects for the <strong>Loup</strong> River Hydroelectric Project<br />

January 9, 2009 Telephone<br />

Ryan Bjerke (LPRCA)<br />

Record<br />

<strong>Loup</strong> Project Hotline Hotline Message<br />

January 12, 2009 Telephone<br />

Mary Brown (TPCP)<br />

Record<br />

<strong>Loup</strong> Project Hotline Hotline Message<br />

January 13, 2009 Comment T Rodehorst (public) Comment Form Project Comment<br />

January 15, 2009 Email John Bender (NDEQ) Ron Ziola (LPD) Information Request<br />

January 16, 2009 Email Lisa Richardson (HDR) John Bender (NDEQ) Information Request Response for PAD Figure 3‐3 Data<br />

January 16, 2009 Comment G Schutz (public) FERC Headworks Park & ATV Comment<br />

January 16, 2009 Comment Bradbury Family (public) FERC Headworks Park & ATV Comment<br />

January 16, 2009 Letter K Sothan (public) FERC Headworks Park & ATV Comment<br />

January 16, 2009 Letter Hurley (public) FERC Headworks Park & ATV Comment<br />

January 17, 2009 Letter R Shea (public) FERC Headworks Park & ATV Comment<br />

January 19, 2009 Letter W Larson (public) FERC Headworks Park & ATV Comment<br />

January 20, 2009 Letter R Nelson (public) FERC Headworks Park & ATV Comment<br />

January 21, 2009 Letter J Brooke(public) FERC Headworks Park & ATV Comment<br />

January 22, 2009 Letter Lewis (public) FERC Headworks Park & ATV Comment<br />

January 23, 2009 Letter Jill Dohlberg (SHPO) Neal Suess (LPD) Proposed APE Coordination<br />

January 25, 2009 Letter B Simons (public) FERC Headworks Park & ATV Comment<br />

January 26, 2009 Letter Jason (public) FERC Headworks Park & ATV Comment<br />

January 26, 2009 Email Joel Jorgenson (NGPC) Melissa Marinovich (HDR)<br />

The 2006 International Piping Plover Breeding Census in Nebraska (off‐Missouri<br />

River)<br />

January 26, 2009 Letter T Leinart (NOHVA) FERC Headworks Park & ATV Comment<br />

January 26, 2009 Letter Smisek (public) FERC Headworks Park & ATV Comment<br />

January 26, 2009 Letter F Shanle (public) FERC Headworks Park & ATV Comment<br />

January 27, 2009 Letter T Henkle (public) FERC Headworks Park & ATV Comment<br />

January 27, 2009 Email Christine Thody (TPCP) Melissa Marinovich (HDR) Example Census Sheet<br />

January 27, 2009 Email M Kroeger (public) FERC Headworks Park & ATV Comment<br />

January 27, 2009 Letter Zabka (public) FERC Headworks Park & ATV Comment<br />

January 27, 2009 Letter Widga/Peterson (public) FERC Headworks Park & ATV Comment


<strong>Loup</strong> River Hydroelectric Project ‐ FERC Project No. 1256<br />

Relicensing Correspondence<br />

DATE TYPE FROM TO SUBJECT<br />

January 28, 2009 Letter Ladehoff Family (public) FERC Headworks Park & ATV Comment<br />

January 28, 2009 Letter J Sibert (public) FERC Headworks Park & ATV Comment<br />

January 29, 2009 Email Mary Bomberger‐Brown (TPCP) FERC Tern and Plover Conservation <strong>Part</strong>nership PAD and Scoping Comments<br />

January 29, 2009 Letter J Shanle (public) FERC Headworks Park & ATV Comment<br />

January 30, 2009 Letter B Shanle (public) FERC Headworks Park & ATV Comment<br />

January 30, 2009 Letter NOHVA Members FERC Headworks Park & ATV Comment<br />

January 30, 2009 Letter Heesacker (public) FERC Headworks Park & ATV Comment<br />

January 31, 2009 Letter J Boirn (public) FERC Headworks Park & ATV Comment<br />

January 31, 2009 Letter R Caster (public) FERC Headworks Park & ATV Comment<br />

January 31, 2009 Letter T Walter (public) FERC Headworks Park & ATV Comment<br />

February 1, 2009 Letter Nichols (public) FERC Headworks Park & ATV Comment<br />

February 1, 2009 Comment K Kersten (public) FERC Headworks Park & ATV Comment<br />

February 2, 2009 Comment Benson (public) FERC Headworks Park & ATV Comment<br />

February 2, 2009 Comment S Wilson (public) FERC Headworks Park & ATV Comment<br />

February 2, 2009 Comment R Leiser (public) FERC Headworks Park & ATV Comment<br />

February 2, 2009 Letter Bowersox (public) FERC Headworks Park & ATV Comment<br />

February 2, 2009 Letter J Bowersox (public) FERC Headworks Park & ATV Comment<br />

February 2, 2009 Letter Dan Nitzel (NOHVA) Kimberly Bose (FERC) Headworks Park and other recreation Comments<br />

February 3, 2009 Letter M Peterson (CART) Kimberly Bose (FERC) Trails Comment<br />

February 3, 2009 Comment A Feller (public) FERC Headworks Park & ATV Comment<br />

February 3, 2009 Letter D Maurer (public) FERC Headworks Park & ATV Comment<br />

February 4, 2009 Letter J Buss (CART) Kimberly Bose (FERC) Trails Comment<br />

February 4, 2009 Letter R Haskell (CART) Kimberly Bose (FERC) Trails Comment<br />

February 4, 2009 Email Michael Madson (HDR) Jill Dohlberg (SHPO) APE Clarification<br />

February 4, 2009 Email Robert Harms (USFWS) Matt Pillard (HDR) USFWS PAD Preliminary Comments/Questions<br />

February 4, 2009 Letter M Lee‐Bus (CART) FERC Headworks Park and other recreation Comments<br />

February 5, 2009 Letter Mellen (public) FERC Headworks Park & ATV Comment<br />

February 5, 2009 Email Matt Pillard (HDR) Agencies and Stakeholders Study Determination 1 Errata Notice<br />

February 5, 2009 Email Kristal Stoner (NGPC) Matt Pillard (HDR) NGPC POC Change<br />

February 5, 2009 Letter J Trautwein (CART) FERC Headworks Park & ATV Comment<br />

February 5, 2009 Email Matt Pillard (HDR) Agencies and Stakeholders Study Plan Meeting Save the Date<br />

February 6, 2009 Letter Frank Albrecht (NGPC) Kimberly Bose (FERC) Comments on the Scoping Document and Pre‐Application Document (PAD)<br />

February 7, 2009 Letter T Wurst (public) FERC Comment about Trails<br />

February 7, 2009 Letter Sprauge (public) FERC Headworks Park & ATV Comment<br />

February 8, 2009 Letter R Spenner (public) FERC Trails Comment<br />

February 8, 2009 Letter J Donoghue (public) FERC Headworks Park & ATV Comment<br />

February 9, 2009 Letter Brian Dunnigan (DNR) Kimberly Bose (FERC) DNR Request for Ice Jam Flooding Study<br />

February 9, 2009 Letter June DeWeese (USFWS) Kimberly Bose (FERC) Comments on Pre‐Application Documents and Scoping Documents<br />

February 9, 2009 Letter Neal Suess (LPD) Kimberly Bose (FERC) Comments on Scoping Document 1


<strong>Loup</strong> River Hydroelectric Project ‐ FERC Project No. 1256<br />

Relicensing Correspondence<br />

DATE TYPE FROM TO SUBJECT<br />

February 10, 2009 Letter Lisa Richardson (HDR)<br />

Agencies and Interested<br />

Stakeholders<br />

Study Plan Save the Date<br />

February 10, 2009 Letter Jennifer Hill (FERC) Neal Suess (LPD)<br />

Staff comments on <strong>Loup</strong> River Hydroelectric Project Pre‐Application<br />

Document and Study Request<br />

February 18, 2009 Letter Lisa Richardson (HDR) Robert Harms (USFWS) Confirmation of threatened and endangered species list<br />

February 19, 2009 Letter Neal Suess (LPD) Brian Dunnigan (DNR) Meeting Request<br />

February 24, 2009 Letter M Engel (public) FERC Irrigation Comment<br />

February 24, 2009 Letter Taylor (public) FERC Headworks Park & ATV Comment<br />

February 25, 2009 Letter Swantek (public) FERC Irrigation Comment<br />

February 27, 2009 Email Neal Suess (LPD) HDR Project Team Meeting with Brian Dunnigan<br />

February 27, 2009 Letter B Wells (public) FERC Headworks Park & ATV Comment<br />

March 2, 2009 Letter Lisa Richardson (HDR) Frank Albrecht (NGPC) T&E Occurrence Request<br />

March 5, 2009 Email OPPD Lisa Richardson (HDR) OPPD POC Change<br />

March 9, 2009 Letter Randy Thoreson (NPS) Kimberly Bose (FERC) Comments on Pre‐Application Documents and Scoping Documents<br />

March 13, 2009 Letter Neal Suess (LPD) Kimberly Bose (FERC) Whooping Crane Information<br />

March 23, 2009 Email Quinn Damgaard (HDR) John Bender (NDEQ) Request for Individual Reporting Sheets<br />

March 26, 2009 Email Neal Suess (LPD) Brian Dunnigan (DNR) Meeting Request<br />

March 26, 2009 Letter Neal Suess (LPD)<br />

Ansley Griffin (Omaha Tribe<br />

of Nebraska), George Howell<br />

(Pawnee Tribe), Larry Wright<br />

(Ponca Tribe of Nebraska),<br />

Trey Howe (Ponca Tribe of Study Plan Tribal <strong>Consultation</strong><br />

Oklahoma), Roger Trudell<br />

(Santee Sioux Tribe), John<br />

Blackhawk (Winnebago<br />

Tribe)<br />

March 27, 2009 Letter Kim Nguyen (FERC) Public and Stakeholder<br />

Scoping Document 2 for the Relicensing of the <strong>Loup</strong> River Hydroelectric<br />

Project<br />

March 30, 2009 Email Gregory Pavelka (USACE) Melissa Marinovich (HDR) Tern and Plover Data<br />

March 30, 2009 Email Matt Pillard (HDR) Agencies and Stakeholders Study Plan Meeting Reminder<br />

April 2, 2009 Letter Lisa Richardson (HDR)<br />

Agencies and Interested<br />

Stakeholders<br />

Proposed Study Plan Meeting Reminder<br />

April 7, 2009 Letter Racheal Simpson (NGPC) Lisa Richardson (HDR) Response to T&E Occurrence Request<br />

April 7, 2009 Email Racheal Simpson (NGPC) Melissa Marinovich (HDR) Requested Data from Nebraska Game and Parks<br />

April 10, 2009 Email John Bender (NDEQ) Quinn Damgaard <strong>Loup</strong> <strong>Power</strong> canal fish kill<br />

April 13, 2009 Email Matt Pillard (HDR) Agencies and Stakeholders PSP Meeting Reminder<br />

April 14, 2009 Letter Jean Angell (NDNR) Kimberly Bose (FERC) Request for Ice Jam Flooding Study<br />

April 14, 2009 Email Racheal Simpson (NGPC) Melissa Marinovich (HDR) Small White Lady Slipper Question


<strong>Loup</strong> River Hydroelectric Project ‐ FERC Project No. 1256<br />

Relicensing Correspondence<br />

DATE TYPE FROM TO SUBJECT<br />

April 15, 2009 Email Martha Tacha (USFWS) Melissa Marinovich (HDR) NE whooping crane migration corridor and observation data<br />

April 20, 2009 Email Kelly Crane (USACE) Melissa Marinovich (HDR) Tern and Plover Created Habitat<br />

April 20, 2009 Email Kelly Crane (USACE) Melissa Marinovich (HDR) Tern and Plover Design Questions<br />

April 21, 2009 Meeting<br />

Notes<br />

HDR Meeting Attendees Consensus on Study Plan Goals & Objectives<br />

April 23, 2009 Email Gary Lewis (HDR)<br />

April 27, 2009 Email Matt Pillard (HDR)<br />

Mary Bomberger‐Brown<br />

(TPCP)<br />

Frank Albrecht (NGPC), Jeff<br />

Schuckman (NGPC), Dave<br />

Tunink (NGPC), Richard<br />

Holland (USFWS)<br />

Requested Paper on Sandbar Studies in Lower Platte<br />

Data Needs Meeting<br />

April 28, 2009 Email Jeff Runge (USFWS) Lisa Richardson (HDR) Proposed Study Plan and Study Determination 2 Comment<br />

April 28, 2009 Email Lisa Richardson (HDR) Agencies and Stakeholders Additional Study Plan Meetings<br />

April 29, 2009 Email Michael Madson (HDR)<br />

Jill Dohlberg (SHPO) and<br />

Robert Puschendorf (SHPO)<br />

Agenda For 090505 SHPO meeting<br />

May 5, 2009 Meeting<br />

Notes<br />

HDR Meeting Attendees (NSHS) Study 11 – Section 106 Compliance<br />

May 5, 2009 Meeting<br />

Notes<br />

HDR Meeting Attendees (NGPC) Proposed Study Plan – Fish and Wildlife Data Gathering<br />

May 6, 2009 Email Lisa Richardson (HDR) Jeff Runge (USFWS) Response to Runge 4/28/09 email<br />

May 8, 2009 Email Matt Pillard (HDR) Ponca Tribe of Nebraska Study Plan Meeting Information<br />

May 8, 2009 Email Matt Pillard (HDR) Agencies and Stakeholders Study Plan Meeting Information<br />

May 11, 2009 Email Jill Dohlberg (SHPO) Matt Pillard (HDR) Nebraska SHPO POC<br />

May 15, 2009 Email Gregory Pavelka (USACE) Melissa Marinovich (HDR) Missouri River Habitat Questions<br />

May 15, 2009 Email Gregory Pavelka (USACE) Melissa Marinovich (HDR) Additional Missouri River Habitat Questions<br />

May 18, 2009 Email Steve Schainost (NGPC) Melissa Marinovich (HDR) Response to Johnson Survey (s) and Rock Ramp Questions<br />

May 19, 2009 Email Matt Pillard (HDR) Agencies and Stakeholders Study Plan Meetings<br />

May 19, 2009 Email Matt Pillard (HDR) Agencies and Stakeholders Study Plan Meeting Reminder<br />

May 20, 2009 Email Matt Pillard (HDR)<br />

Todd Crawford, Louis<br />

Pofahl, Emily Brummund<br />

Notice to Congressional Members of the Agency/Stakeholder Study Plan Mtg<br />

Reminder<br />

May 20, 2009 Email Matt Pillard (HDR) Agencies and Stakeholders Agency/Stakeholder Study Plan Mtg Reminder<br />

May 21, 2009 Email Steve Schainost (NGPC) Melissa Marinovich (HDR) <strong>Loup</strong> River Fish Collection Data<br />

May 28, 2009 Meeting<br />

Notes<br />

HDR Meeting Attendees Study Plan Goals, Objectives, and Activities<br />

June 2, 2009 Email Jill Dohlberg (SHPO) Lisa Richardson (HDR) May 5th Meeting Note Comments<br />

June 2, 2009 Letter Neal Suess (LPD) Rick Schneider (NGPC) Species Occurrence Data Request<br />

June 2, 2009 Email Gregory Pavelka (USACE) Melissa Marinovich (HDR) Additional Response to Missouri River Habitat Questions<br />

June 7, 2009 Email Joel Jorgenson (NGPC) Melissa Marinovich (HDR) Tern and Plover Data Questions


<strong>Loup</strong> River Hydroelectric Project ‐ FERC Project No. 1256<br />

Relicensing Correspondence<br />

DATE TYPE FROM TO SUBJECT<br />

June 9, 2009 Meeting<br />

Notes<br />

HDR Meeting Attendees (NGPC) Proposed Study Plan – Tern and Plover Data Gathering<br />

June 15, 2009 Email Melissa Marinovich (HDR) Joel Jorgenson (NGPC) Meeting Notes<br />

June 19, 2009 Letter Joel Jorgenson (NGPC) Lisa Richardson (HDR) <strong>Loup</strong> River Bird Data Requested<br />

June 23, 2009 Email Matt Pillard (HDR) Agencies and Stakeholders Study Plan Information and Comments Reminder<br />

June 24, 2009 Letter June DeWeese (USFWS) Kimberly Bose (FERC) Comments on the Proposed Study Plan<br />

June 24, 2009 Letter Mark Weeley (NPS) Kimberly Bose (FERC) Comments on the Proposed Study Plan<br />

June 25, 2009 Letter Jean Angell (NDNR) Neal Suess (LPD) Comments on the Proposed Study Plan<br />

June 26, 2009 Email Frank Albrecht (NGPC) Neal Suess (LPD) Comments on the Proposed Study Plan<br />

June 30, 2009 Email<br />

Robert Mohler (Lower <strong>Loup</strong><br />

NRD)<br />

Matt Pillard (HDR) Mohler Email Address Change<br />

June 30, 2009 Email Jeff Runge (USFWS) Melissa Marinovich (HDR) Platte river mile shapefiles<br />

June 30, 2009 Email Stephen Wilson (NPS) Melissa Marinovich (HDR) Niobrara Census<br />

July 6, 2009 Email Jeff Runge (USFWS) Melissa Marinovich (HDR) <strong>Loup</strong> river mile response<br />

July 8, 2009 Email Lisa Richardson (HDR) Jean Angell (NDNR) Response to Comments on PSP<br />

July 13, 2009 Email Joel Jorgenson (NGPC) Melissa Marinovich (HDR) Response to Data Questions<br />

July 14, 2009 Email Mary Bomberger‐Brown (TPCP) Melissa Marinovich (HDR) Sand Management Area<br />

July 16, 2009 Email Joel Jorgenson (NGPC) Melissa Marinovich (HDR) 1996 <strong>Loup</strong> Bird Data<br />

July 16, 2009 Email Joel Jorgenson (NGPC) Melissa Marinovich (HDR) 2001 Bird Data Response<br />

July 17, 2009 Letter Robert Swanson (USGS) John Cochner (USFWS)<br />

Technical Review of Hydrologic and Geomorphologic Components of the PSP ‐ USGS<br />

Administrative Report<br />

July 21, 2009 Email Rich Kern (NDNR) Melissa Marinovich (HDR) River Miles for the <strong>Loup</strong> River<br />

July 21, 2009 Email Rich Kern (NDNR) Melissa Marinovich (HDR) River Miles for the <strong>Loup</strong> River Clarification<br />

July 21, 2009 Email Rich Kern (NDNR) Melissa Marinovich (HDR) <strong>Loup</strong> River Miles clarification<br />

July 27, 2009 Email Matt Pillard (HDR) Agencies and Stakeholders Revised Study Plan filed<br />

August 6, 2009 Email M Green (public) <strong>Loup</strong> Project Email Address Request for Information about Energy<br />

August 7, 2009 Email Ron Ziola (LPD) M Green (public) Response to Comment<br />

August 7, 2009 Letter Brian Dunnigan (DNR) Kimberly Bose (FERC) Proposed Alternate RSP<br />

August 10, 2009 Letter June DeWeese (USFWS) Kimberly Bose (FERC) Comments on the Revised Study Plan<br />

August 17, 2009 Letter Neal Suess (LPD) Kimberly Bose (FERC) Clarifications for the NDNR Study 12 Request<br />

August 17, 2009 Letter Neal Suess (LPD) Kimberly Bose (FERC) Clarifications for the USFWS RSP Comments<br />

August 26, 2009 Letter Jeff Wright (FERC) Neal Suess (LPD) Study Plan Determination for the <strong>Loup</strong> River Hydroelectric Project<br />

September 1, 2009 Letter Brian Dunnigan (DNR) Kimberly Bose (FERC) Final Study Plan Determination, Study Plan Number 12<br />

September 3, 2009 Email Matt Pillard (HDR) Richard Holland (NGPC) Montana Method<br />

September 16, 2009 Letter Neal Suess (LPD) Robert Puschendorf (SHPO) Phase 1a Archaeological Overview<br />

October 14, 2009 Letter Ann Miles (FERC) Neal Suess (LPD) Clarification of Study Plan Determination<br />

October 16, 2009 Letter Neal Suess (LPD) Robert Puschendorf (SHPO) Phase 1a Report


<strong>Loup</strong> River Hydroelectric Project ‐ FERC Project No. 1256<br />

Relicensing Correspondence<br />

DATE TYPE FROM TO SUBJECT<br />

October 16, 2009 Letter Neal Suess (LPD)<br />

Ansley Griffin (Omaha Tribe<br />

of Nebraska), George Howell<br />

(Pawnee Nation of<br />

Oklahoma), Larry Wright<br />

(Ponca Tribe of Nebraska),<br />

Trey Howe (Ponca Tribe of<br />

Oklahoma), Roger Trudell<br />

(Santee Sioux Tribe), John Tribal <strong>Consultation</strong> ‐ Phase 1a Report<br />

Blackhawk (Winnebago<br />

Tribe of Nebraska), Julia<br />

Sage (Ponca Tribe of<br />

Nebraska), Amen Sheridan<br />

(Omaha Tribe of Nebraska),<br />

Douglas Rhodd (Ponca Tribe<br />

of Oklahoma)<br />

November 2, 2009 Letter Robert Puschendorf (SHPO) Neal Suess (LPD) Phase 1a Concurrence<br />

November 2, 2009 Letter<br />

Cora Jones (Santee Sioux<br />

Nation)<br />

FERC No Objection to the Proposed Project<br />

November 2, 2009 Letter Neal Suess (LPD) USFWS Comments on the Shovelnose listing<br />

November 23, 2009 Email George Hunt (HDR) David Russ (USGS) <strong>Loup</strong> River water temperature monitoring scope of work<br />

November 24, 2009 Letter Neal Suess (LPD) Joel Jorgenson (NGPC) Information request for 2009 piping plover and least tern census and location data<br />

November 25, 2009 Email Jeff Runge (USFWS) Matt Pillard (HDR) <strong>Loup</strong> Study Determination Tasks<br />

December 2, 2009 Email David Russ (USGS) George Hunt (HDR) <strong>Loup</strong> River water temperature monitoring scope of work<br />

December 3, 2009 Email Matt Pillard (HDR) Agencies and Stakeholders Quarterly Progress Report 1 filed<br />

January 4, 2010 Email Joel Jorgenson (NGPC) Melissa Marinovich (HDR) Response to questions about 2009 LPR Nest Data<br />

January 5, 2010 Meeting<br />

Notes<br />

HDR Meeting Attendees <strong>Loup</strong> <strong>Power</strong> <strong>District</strong> Study Plan Data Gathering<br />

January 5, 2010 Email Joel Jorgenson (NGPC)<br />

Melissa Marinovich (HDR)<br />

and Matt Pillard (HDR)<br />

On River Data Clarification<br />

January 6, 2010 Letter Joel Jorgenson (NGPC) Neal Suess (LPD) Response to Data Requests<br />

January 7, 2010 Email Matt Pillard (HDR) Joel Jorgenson (NGPC) Data clarification response<br />

January 8, 2010 Email Joel Jorgensen (NGPC) Matt Pillard (HDR) Data clarification additional follow‐up<br />

January 8, 2010 Letter John Moeschen (USACE) Ron Ziola (LPD) Dredging Project Authorization<br />

January 12, 2010 Email Matt Pillard (HDR) Joel Jorgenson (NGPC) Data clarification additional follow‐up<br />

January 12, 2010 Email Joel Jorgensen (NGPC) Matt Pillard (HDR) Data clarification additional follow‐up<br />

January 14, 2010 Meeting<br />

Notes<br />

HDR Meeting Attendees Study 8.0: Recreation Use


<strong>Loup</strong> River Hydroelectric Project ‐ FERC Project No. 1256<br />

Relicensing Correspondence<br />

DATE TYPE FROM TO SUBJECT<br />

January 19, 2010 Email Quinn Damgaard (HDR)<br />

Randy Thoreson (NPS), Mark<br />

Ivy (FERC), Jeff Schuckman<br />

(NGPC), Richard Holland<br />

(USFWS), Dave Tunink<br />

(NGPC), Ron Ziola (LPD), Jim<br />

Frear (LPD)<br />

Recreation Call Notes from 01/14/10<br />

January 19, 2010 Email Mark Ivy (FERC) Quinn Damgaard (HDR) Trail Counter Information<br />

January 22, 2010 Email Robert Harms (USFWS) Matt Pillard (HDR) USFWS Study Plan Input<br />

February 11, 2010 Meeting<br />

Notes<br />

HDR Meeting Attendees Study 8.0: Recreation Use<br />

February 25, 2010 Email Matt Pillard (HDR) Agencies and Stakeholders Quarterly Progress Report 2 filed<br />

February 25, 2010 Email<br />

Robert Mohler (Lower <strong>Loup</strong><br />

NRD)<br />

<strong>Loup</strong> Project Email Address Comment about Progress Report 2<br />

February 25, 2010 Email Wendy Thompson (HDR)<br />

Robert Mohler (Lower <strong>Loup</strong><br />

NRD)<br />

Response to Comment<br />

March 13, 2010 Comment M Kush (Public) <strong>Loup</strong> Project Email Address Information Request about project participation<br />

March 13, 2010 Email Neal Suess (LPD) Mitch Kush Comments regarding Angling Access<br />

April 5, 2010 Email Mark Ivy (FERC) Lisa Richardson (HDR) Comments on Bypass Reach Survey Meeting Notes<br />

April 16, 2010 Telephone<br />

M Kush (Public)<br />

Record<br />

Quinn Damgaard (HDR) Conversation about Angler Access<br />

April 26, 2010 Email M Kush (Public) Quinn Damgaard (HDR) Comments on Angling and Recreation<br />

April 28, 2010 Email Quinn Damgaard (HDR) M Kush (Public) Response to Comments<br />

May 19, 2010 Email Kim Nguyen (FERC)<br />

Neal Suess (LPD), Lisa<br />

Richardson (HDR), George<br />

Waldow (HDR)<br />

FERC Project Coordinator Changes<br />

May 24, 2010 Email Matt Pillard (HDR) Agencies and Stakeholders Quarterly Progress Report 3 filed<br />

May 26, 2010 Email Patricia Leppert (FERC) Matt Pillard (HDR) Request for Removal from Mailing List<br />

August 6, 2010 Email Matt Pillard (HDR) Agencies and Stakeholders Study Report Info and Study Results Meeting Reminder<br />

August 11, 2010 Email Jeff Runge (USFWS) Matt Pillard (HDR) Question about PCB Tissue Study Results<br />

August 11, 2010 Email Lisa Richardson (HDR) Jeff Runge (USFWS) Response to question about PCB Tissue Study Results


<strong>Loup</strong> River Hydroelectric Project ‐ FERC Project No. 1256<br />

Relicensing Correspondence<br />

DATE TYPE FROM TO SUBJECT<br />

August 26, 2010 Letter Neal Suess (LPD)<br />

Ansley Griffin (Omaha Tribe<br />

of Nebraska), George Howell<br />

(Pawnee Nation of<br />

Oklahoma), Larry Wright<br />

(Ponca Tribe of Nebraska),<br />

Phase I/II Archaeological Inventory and Evaluation Tribal Coordination<br />

Roger Trudell (Santee Sioux<br />

Tribe), Amen Sheridan<br />

(Omaha Tribe of Nebraska),<br />

Douglas Rhodd (Ponca Tribe<br />

of Oklahoma)<br />

August 26, 2010 Letter Neal Suess (LPD) Robert Puschendorf (SHPO) Phase I/II Archaeological Inventory and Evaluation<br />

August 27, 2010 Email Matt Pillard (HDR) Agencies and Stakeholders Initial Study Report Filing and Study Results Meeting Reminder<br />

September 3, 2010 Email Jeff Runge (USFWS) Pat Engelbert (HDR) ISR Questions<br />

September 3, 2010 Email Joel Jorgenson (NGPC) Lisa Richardson (HDR) Acknowledgement of Attachments Sent<br />

September 8, 2010 Email Matt Pillard (HDR) Agencies and Stakeholders Study Report and Study Results Meeting Presentation Availability<br />

September 9, 2010 Meeting<br />

Notes<br />

HDR Meeting Attendees Initial Study Results Meeting Summary<br />

September 13, 2010 Email Joel Jorgensen (NGPC) Lisa Richardson (HDR) FERC Relicensing Process Questions<br />

September 13, 2010 Email Lisa Richardson (HDR) Joel Jorgensen (NGPC) Response to Comment<br />

September 15, 2010 Letter Robert Puschendorf (SHPO) Neal Suess (LPD) Phase I/II Archaeological Inventory and Evaluation Concurrence<br />

September 16, 2010 Email Matt Pillard (HDR) Agencies and Stakeholders Interim General Recreation Use Report Filed with FERC<br />

September 26, 2010 Email Matt Pillard (HDR) Agencies and Stakeholders Initial Study Report Meeting Summary Filing<br />

October 19, 2010 Email Matt Pillard (HDR) Agencies and Stakeholders Second Initial Study Results Meeting Notification<br />

October 20, 2010 Email Matt Pillard (HDR) Agencies and Stakeholders Reminder about Comments on the Initial Study Report<br />

October 20, 2010 Letter Michael George (USFWS) Kimberly Bose (FERC) Comments on the Initial Study Report<br />

October 22, 2010 Letter Nicholas Jayjack (FERC) Neal Suess (LPD) Commission Staff Comments on Initial Study Report and Meeting Summary<br />

October 22, 2010 Email Lisa Richardson (HDR) Robert Puschendorf (SHPO) HPMP Coordination<br />

October 22, 2010 Email Robert Puschendorf (SHPO) Lisa Richardson (HDR) HPMP Coordination Response<br />

October 22, 2010 Letter Neal Suess (LPD) Robert Puschendorf (SHPO) Addendum to Phase I/II Archaeological Inventory and Evaluation<br />

October 25, 2010 Letter Frank Albrecht (NGPC) Kimberly Bose (FERC) Comments on the Initial Study Report<br />

October 25, 2010 Letter Randy Thoreson (NPS) Kimberly Bose (FERC) Comments on the Initial Study Report<br />

November 1, 2010 Letter Neal Suess (LPD)<br />

Gary Robinette (Ponca Tribe<br />

Phase I/II Archaeological Inventory and Evaluation<br />

of Nebraska)<br />

November 3, 2010 Letter Robert Puschendorf (SHPO) Neal Suess (LPD) Information Request<br />

November 3, 2010 Letter Neal Suess (LPD)<br />

Emily Smith (Winnebago<br />

Tribe of Nebraska)<br />

Phase I/II Archaeological Inventory and Evaluation<br />

November 22, 2010 Email Matt Pillard (HDR) Agencies and Stakeholders Updated Initial Study Report Schedule Delay<br />

November 23, 2010 Email<br />

Robert Mohler (Lower <strong>Loup</strong><br />

NRD)<br />

Wendy Thompson (HDR) Acknowledgement of Attachments Sent


<strong>Loup</strong> River Hydroelectric Project ‐ FERC Project No. 1256<br />

Relicensing Correspondence<br />

DATE TYPE FROM TO SUBJECT<br />

November 24, 2010 Letter Neal Suess (LPD) Kimberly Bose (FERC)<br />

Responses to Comments Initial Study Results (ISR) Meeting Summary and the Initial<br />

Study Report<br />

November 29, 2010 Email Matt Pillard (HDR) Agencies and Stakeholders Initial Study Results <strong>District</strong> Response to Comments<br />

Letter Neal Suess (LPD) Robert Puschendorf (SHPO) Response to Information Request<br />

December 20, 2010 Letter<br />

Jeff Wright (Office of Energy<br />

Projects)<br />

Neal Suess (LPD)<br />

Determination on Requests for Modifications to the <strong>Loup</strong> River Hydroelectric<br />

Project Study Plan<br />

January 13, 2011 Letter Robert Puschendorf (SHPO) Neal Suess (LPD) Concurrence on Phase I/II Archaeological Inventory and Evaluation<br />

January 19, 2011 Email Matt Pillard (HDR) Agencies and Stakeholders 2nd Initial Study Results Meeting Save the Date<br />

January 19, 2011 Email Jill Dohlberg (SHPO) Matt Pillard (HDR) Study Results for Section 106<br />

January 21, 2011 Email Mary Bomberger‐Brown (TPCP) Melissa Marinovich (HDR)<br />

Data for the terns and plovers nesting on the <strong>Loup</strong> Public <strong>Power</strong> North Sand<br />

Management Zone (the sand pile)<br />

February 14, 2011 Email Matt Pillard (HDR) Agencies and Stakeholders Notice of Second Initial Study Report Filed<br />

February 22, 2011 Email Matt Pillard (HDR) Agencies and Stakeholders Second Initial Study Report Meeting Presentation Availability<br />

February 24, 2011 Meeting<br />

Notes<br />

HDR Meeting Attendees Second Initial Study Results Meeting Summary<br />

March 4, 2011 Letter Neal Suess (LPD) Joel Jorgenson (NGPC) 2010 Tern and Plover Database Information Request<br />

March 10, 2011 Email Matt Pillard (HDR) Agencies and Stakeholders Second Initial Study Report Revision Filed<br />

March 11, 2011 Email Matt Pillard (HDR) Agencies and Stakeholders SISR Meeting Summary Filed with FERC<br />

March 17, 2011 Email Lisa Richardson (HDR) Lee Emery (FERC) USGS Water Resources Investigations Report<br />

April 7, 2011 Letter Michael George (USFWS) Kimberly Bose (FERC) Comments on Second Initial Study Report<br />

April 8, 2011 Letter Nicholas Jayjack (FERC) Neal Suess (LPD) Commission Staff Comments on Second Initial Study Report and Meeting Summary<br />

April 11, 2011 Letter Frank Albrecht (NGPC) Kimberly Bose (FERC) Comments on Second Initial Study Report<br />

April 28, 2011 Letter Neal Suess (LPD) Robert Harms (USFWS) 2009 and 2010 <strong>Loup</strong> River Tern and Plover Information Request<br />

May 3, 2011 Email Robert Harms (USFWS) Matt Pillard (HDR) Data Request Response<br />

May 10, 2011 Email Robert Harms (USFWS) Matt Pillard (HDR) Data Request Response<br />

May 11, 2011 Letter Kimberly Bose (FERC) Neal Suess (LPD)<br />

Responses to Comments on the Second Initial Study Results (SISR) Meeting<br />

Summary and the Second Initial Study Report<br />

May 13, 2011 Email Matt Pillard (HDR) Agencies and Stakeholders<br />

Responses to Comments on the Second Initial Study Report and SISR meeting Filed<br />

with FERC<br />

May 20, 2011 Letter Ron Ziola (LPD) Mark Ivy (FERC) 2010 Annual Conveyance Report<br />

June 10, 2011 Letter Jeff Wright (FERC) Neal Suess (LPD)<br />

Determination on Requests for Modifications to the <strong>Loup</strong> River<br />

Hydroelectric Project Study Plan<br />

July 13, 2011 Email Matt Pillard (HDR) Agencies and Stakeholders Updated Study Report and Meeting Save the Date<br />

August 17, 2011 Email Matt Pillard (HDR) Agencies and Stakeholders Updated Study Report Meeting Reminder<br />

August 26, 2011 Email Matt Pillard (HDR) Agencies and Stakeholders Updated Study Report Filing and Meeting Reminder<br />

August 29, 2011 Email Lisa Richardson (HDR) Jeff Runge (USFWS) Updated Study Report Appendices<br />

August 29, 2011 Email Jeff Runge (USFWS) Lisa Richardson (HDR) Updated Study Report Appendices Download Confirmation<br />

September 7, 2011 Email Lisa Richardson (HDR) Jeff Runge (USFWS) Updated Study Report <strong>Appendix</strong> H ‐ revised<br />

September 7, 2011 Email Matt Pillard (HDR) Agencies and Stakeholders Updated Study Report Addendum and Meeting Materials


<strong>Loup</strong> River Hydroelectric Project ‐ FERC Project No. 1256<br />

Relicensing Correspondence<br />

DATE TYPE FROM TO SUBJECT<br />

September 8, 2011 Meeting<br />

Notes<br />

September 13, 2011 Email Lisa Richardson (HDR)<br />

<strong>Loup</strong> Public <strong>Power</strong> <strong>District</strong> Meeting Attendees Updated Study Results Meeting Summary<br />

Joel Jorgenson (NGPC) and<br />

Mary Bomberger‐Brown<br />

(TPCP)<br />

Updated Study Report <strong>Appendix</strong> H<br />

September 13, 2011 Email Mary Bomberger‐Brown (TPCP) Lisa Richardson (HDR) Updated Study Report <strong>Appendix</strong> H Download Confirmation<br />

September 25, 2011 Email Lisa Richardson (HDR)<br />

Joel Jorgenson (NGPC), Mary<br />

Bomberger‐Brown (TPCP),<br />

Mary Tacha (USFWS)<br />

Nesting interior least terns and piping plovers MOU<br />

September 26, 2011 Neal Suess (LPD) Robert Harms (USFWS) 2011 <strong>Loup</strong> River Tern and Plover Information Request<br />

September 26, 2011 Email Robert Harms (USFWS)<br />

Frank Albrecht (NGPC), Jeff<br />

Runge (USFWS), Lisa<br />

Richardson (HDR), Matt<br />

Pillard (HDR), Neal Suess<br />

(LPD), Joel Jorgenson<br />

(NGPC), Richard Holland<br />

(NGPC), Michelle Koch<br />

(NGPC)<br />

Endangered Species Act and Federal <strong>Power</strong> Act discussions Agenda<br />

September 26, 2011 Letter Neal Suess (LPD) Robert Harms (USFWS) Request for an Updated Species List<br />

September 26, 2011 Email Kirk Nelson (NGPC) Lisa Richardson (HDR) Nesting interior least terns and piping plovers MOU<br />

September 27, 2011 Email Matt Pillard (HDR) Agencies and Stakeholders Updated Study Report Meeting Summary<br />

October 3, 2011 Email Robert Harms (USFWS)<br />

Frank Albrecht (NGPC), Jeff<br />

Runge (USFWS), Lisa<br />

Richardson (HDR), Matt<br />

Pillard (HDR), Neal Suess<br />

(LPD), Joel Jorgenson<br />

(NGPC), Richard Holland<br />

(NGPC), Michelle Koch<br />

(NGPC)<br />

Endangered Species Act and Federal <strong>Power</strong> Act discussions Agenda<br />

October 3, 2011 Meeting<br />

Notes<br />

HDR Meeting Attendees Section 7 ESA and Section 10J FPA<br />

October 14, 2011 Email Pat Engelbert (HDR) Paul Makowski (FERC) Response to questions on the Updated Study Report<br />

October 16, 2011 Letter Dan Nitzel (NOHVA) Lisa Richardson (HDR) Comments on Preliminary Draft Recreation Management Plan<br />

October 18, 2011 Email Pat Engelbert (HDR) Paul Makowski (FERC) Platte River Channel Document<br />

October 20, 2011 Email Paul Makowski (FERC) Pat Engelbert (HDR) Teleconference Notes and Dredge Information<br />

October 20, 2011 Letter Michael George (USFWS) Kimberly Bose (FERC) Comments on Updated Study Report<br />

October 21, 2011 Letter Nicholas Jayjack (FERC) Neal Suess (LPD) Commission Staff Comments on the Updated Study Report


<strong>Loup</strong> River Hydroelectric Project ‐ FERC Project No. 1256<br />

Relicensing Correspondence<br />

DATE TYPE FROM TO SUBJECT<br />

October 21, 2011 Email Lisa Richardson (HDR)<br />

October 24, 2011 Email Frank Albrecht (NGPC)<br />

October 28, 2011 Email Randy Thoreson (NPS)<br />

November 2, 2011 Meeting<br />

Notes<br />

Frank Albrecht (NGPC), Jeff<br />

Runge (USFWS), Joel<br />

Jorgenson (NGPC), Richard<br />

Holland (NGPC), Robert<br />

Harms (USFWS)<br />

Lisa Richardson (HDR),<br />

Quinn Damgaard (HDR)<br />

Lisa Richardson (HDR),<br />

Quinn Damgaard (HDR)<br />

October 3rd Meeting Notes<br />

Comments on Preliminary Draft Recreation Management Plan<br />

Comments on Preliminary Draft Recreation Management Plan<br />

HDR Meeting Attendees Section 7 ESA and Section 10J FPA ‐ Meeting #2<br />

November 9, 2011 Letter<br />

Joe Mangiamelli (City of<br />

Columbus)<br />

Neal Suess (LPD) Support of Recreation Management Plan<br />

November 13, 2011 Matrix N/A N/A Preliminary Draft Recreation Management Plan Comment/Response Matrix<br />

November 18, 2011 Letter Neal Suess (LPD) Robert Harms (USFWS) Coordination on the Biological Assessment<br />

November 21, 2011 Email Matt Pillard (HDR) Agencies and Stakeholders Draft Application Filing<br />

November 23, 2011 Letter Neal Suess (LPD) Kimberly Bose (FERC) Responses to Comments on the Updated Study Report<br />

November 28, 2011 Email Matt Pillard (HDR) Agencies and Stakeholders Response to Comments on USR and Meeting Notes<br />

December 15, 2011 Letter Neal Suess (LPD) FERC Hydraulic Model Associated with the Updated Study Report<br />

December 21, 2011 Letter Jeff Wright (FERC) Neal Suess (LPD)<br />

Study Determination on Requests for Modifications to the <strong>Loup</strong> River<br />

Hydroelectric Project Study Plan<br />

January 12, 2012 Letter Robert Harms (USFWS) Matt Pillard (HDR) <strong>Loup</strong> PD Species List<br />

January 17, 2012 Email Lisa Richardson (HDR) Robert Harms (USFWS) Data Request<br />

January 17, 2012 Email Lisa Richardson (HDR) Joel Jorgensen (NGPC) Data Request<br />

February 3, 2012 Email Joel Jorgensen (NGPC) Lisa Richardson (HDR) Response to Data Request<br />

February 14, 2012 Letter Frank Albrecht (NGPC) Kimberly Bose (FERC) Comments on Draft License Application<br />

February 16, 2012 Letter Nicholas Jayjack (FERC) Neal Suess (LPD) Comments on Draft License Application<br />

February 16, 2012 Letter Michael George (USFWS) Kimberly Bose (FERC) Comments on Draft License Application<br />

February 23, 2012 Letter Neal Suess (LPD) Robert Puschendorf (SHPO) Historic Properties Management Plan<br />

February 23, 2012 Letter Neal Suess (LPD)<br />

Amen Sheridan (Omaha<br />

Tribe of Nebraska)<br />

Historic Properties Management Plan<br />

February 23, 2012 Letter Neal Suess (LPD)<br />

February 23, 2012 Letter Neal Suess (LPD)<br />

February 23, 2012 Letter Neal Suess (LPD)<br />

February 23, 2012 Letter Neal Suess (LPD)<br />

George Howell (Pawnee<br />

Nation of Oklahoma)<br />

Larry Wright (Ponca Tribe of<br />

Nebraska)<br />

Douglas Rhodd (Ponca Tribe<br />

of Oklahoma)<br />

Roger Trudell (Santee Sioux<br />

Tribe of Nebraska)<br />

Historic Properties Management Plan<br />

Historic Properties Management Plan<br />

Historic Properties Management Plan<br />

Historic Properties Management Plan


<strong>Loup</strong> River Hydroelectric Project ‐ FERC Project No. 1256<br />

Relicensing Correspondence<br />

DATE TYPE FROM TO SUBJECT<br />

February 23, 2012 Letter Neal Suess (LPD)<br />

March 2, 2012 Email Lisa Richardson (HDR)<br />

March 5, 2012<br />

Draft<br />

Meeting<br />

Notes<br />

Emily Smith (Winnebago<br />

Tribe of Nebraska)<br />

Frank Albrecht (NGPC), Jeff<br />

Runge (USFWS), Richard<br />

Holland (NGPC), Michelle<br />

Koch (NGPC), Robert Harms<br />

(USFWS), John Cochnar<br />

(USFWS)<br />

Historic Properties Management Plan<br />

Section 7 <strong>Consultation</strong><br />

HDR Meeting Attendees Section 7 ESA and Section 10J FPA – Meeting #3<br />

March 29, 2012 Letter Neal Suess (LPD) Brian Dunnigan (DNR) Bypass Flow Verification<br />

April 2, 2012 Email Lisa Richardson (HDR)<br />

Frank Albrecht (NGPC), Jeff<br />

Runge (USFWS), Richard<br />

Holland (NGPC), Michelle<br />

Koch (NGPC), Robert Harms<br />

(USFWS), Joel Jorgensen<br />

(NGPC)<br />

April 2, 2012 Letter Patrick Pope (NPPD) Neal Suess (LPD) Project Benefits<br />

Transmittal of Draft MOU for Headworks Dredging Operations


November 30, 2007<br />

Barb Friskopp<br />

U.S. Army Corps of Engineers<br />

Nebraska Regulatory Branch<br />

1430 Central Avenue<br />

Kearney, NE 68847-6856<br />

RE: 2007-3190-KEA, Amendment 3, Proposal to continue maintenance dredging in the <strong>Loup</strong><br />

power canal for another ten years, Nance County, <strong>Loup</strong> Public <strong>Power</strong> <strong>District</strong> (LPPD);<br />

applicant<br />

Dear Ms. Friskopp:<br />

Nebraska Game and Parks Commission (NGPC) staff members have reviewed the information for the<br />

proposal identified above. The maintenance dredging in the LPPD canal has been an on-going activity<br />

since 1937. After water is diverted from the <strong>Loup</strong> River, river sediments build up in the settling basin,<br />

which reduces the capacity of the hydropower canal. Sediments are hydraulically dredged from the<br />

settling basin and conveyed via pipeline to previously established disposal areas along both sides of the<br />

canal on property owned by the applicant. These disposal areas serve as detention areas, as sediment<br />

settles out before the water is returned to the <strong>Loup</strong> River downstream of the diversion structure. The<br />

purpose of the project is to remove accumulated sediment from the settling basin to allow for continued<br />

operation of the hydropower canal system. This permit amendment would allow for the continuation of<br />

dredging operations for ten years.<br />

Based on a review of the Nebraska Natural Heritage database, we have records of the state-listed<br />

endangered least tern (Sterna antillarum athalassos) and state-listed threatened piping plover (Charadrius<br />

melodus) nesting on the sand disposal sites adjacent to the settling basin. The continued disposal of the<br />

dredged material from the settling basin onto the disposal piles has the potential to directly impact these<br />

bird species. However, we believe our concerns for impacts to least terns and piping plovers are being<br />

addressed in a Memorandum of Understanding (MOU) that is being developed between NGPC, the U.S.<br />

Fish and Wildlife Service, and Legacy Resources LLC, which is the company that is extracting sand from<br />

the disposal sites.<br />

Because the stated purpose of this project is to remove accumulated sediment from the settling basin to<br />

allow for the continued operation of the hydropower canal system, we have also identified concerns for<br />

several indirect impacts that may occur as a result of this action. The 1 to 1.5 million cubic yards of<br />

sediment per year that is dredged from the settling basin and piled at this location, if in a natural,<br />

unaltered system, would normally move downstream in the <strong>Loup</strong> River and eventually enter the Platte<br />

River. However, because of the water diversion into the <strong>Loup</strong> canal system at the Genoa Headworks, this<br />

sediment does not make it down to the Platte River. This sediment loss indirectly impacts the <strong>Loup</strong> River<br />

below the diversion and the Platte River by reducing the available sediment supply for riverine sandbar<br />

habitat creation and maintenance in downstream reaches of both rivers. Habitat loss in the Platte River<br />

may impact not only state-listed threatened and endangered species, but also many non-listed aquatic<br />

species.


The <strong>Loup</strong> <strong>Power</strong> Canal water diversion also results in reduced flows in the <strong>Loup</strong> River downstream of the<br />

diversion. We understand that LPPD is appropriated 3,500 cubic feet per second (cfs) of water from the<br />

<strong>Loup</strong> River for power generation purposes, but this results in reduced flows below the diversion near<br />

Genoa. These reduced flows have less capacity to move the remaining sediment downstream and may<br />

also result in increased water temperatures in the lower reaches of the <strong>Loup</strong> River, especially during the<br />

summer, which may negatively impact aquatic species. We also recognize that there is an agreement by<br />

LPPD to allow between 50 and 75 cfs to pass the diversion and remain in the river to help ameliorate<br />

summer water temperature stresses for aquatic resources.<br />

Furthermore, the operation of the canal system itself may also result in the indirect loss of aquatic species<br />

that inhabit the <strong>Loup</strong> River. Fish, or other aquatic species, that are drawn into the canal may be lost to<br />

dredging operations in the settling basin, or to turbine operations at either of the power plants, Monroe or<br />

Columbus, located along the canal.<br />

The <strong>Loup</strong> <strong>Power</strong> Canal was designed for hydroelectric power generation, which is achieved at the abovementioned<br />

power plants by regulation, or hydro-cycling, of the water in the canal system on a daily basis.<br />

Hydro-cycling and the resultant fluctuations in outflow of the canal directly influences the dynamics of<br />

the Platte River downstream of the canal return, and may have negative biological and ecological impacts<br />

on the river.<br />

Lastly, the <strong>Loup</strong> River Hydroelectric Project will be up for re-licensing by the Federal Energy Regulatory<br />

Commission (FERC) in 2014. Because of the complexity and time involved in re-licensing, LPPD has<br />

already initiated planning, coordination, and information gathering as part of the process which will<br />

continue up until 2014. Due to the concurrent re-licensing process, rather than this amendment<br />

authorizing dredging for another ten-year period, we would ask the Corps to consider limiting the lifespan<br />

of this amendment to five years. This shorter permit period would allow for the reevaluation of the 404<br />

permit closer to the time of re-licensing, and would allow for the utilization of new information obtained<br />

during the planning phase of the re-licensing. We would further recommend continuation of efforts to<br />

protect least terns and piping plovers at existing LPPD dredge spoil sites, and that the summer diversion<br />

bypass of 50 to 75 cfs be continued for water quality purposes.<br />

Thank you for the opportunity to review this proposal. If you have any questions, please contact me at<br />

(402) 471-5423 or carey.grell@ngpc.ne.gov.<br />

Sincerely,<br />

Carey Grell<br />

Environmental Analyst<br />

Realty and Environmental Services Division<br />

cc: Jeff Runge, USFWS<br />

Terry Hickman, NDEQ<br />

Eliodora Chamberlain, EPA<br />

Frank Albrecht, NGPC<br />

Larry Hutchinson, NGPC<br />

Richard Holland, NGPC<br />

Kristal Stoner, NGPC<br />

Joel Jorgensen, NGPC<br />

2


Project: <strong>Loup</strong> River Hydroelectric Project<br />

FERC Project No. 1256<br />

Subject: Agency Orientation Meeting<br />

Meeting Date: May 7, 2008, 10:00 am – 2:00 pm<br />

Notes by: HDR<br />

Attendees:<br />

<strong>Loup</strong> Public <strong>Power</strong> <strong>District</strong> (<strong>District</strong>)<br />

HDR<br />

<strong>Loup</strong> <strong>Power</strong> <strong>District</strong><br />

Columbus, NE<br />

P.O. Box 988<br />

2404 15 th Street<br />

Columbus, NE 68602-0988<br />

Meeting Notes<br />

Meeting Location: Wunderlichs, Columbus, NE<br />

Jim Frear<br />

Tom Kumpf, Board Member<br />

Neal Suess<br />

Ron Ziola<br />

Emily Buss<br />

Pat Engelbert<br />

Dennis Grennan<br />

Bill Sigler<br />

Shannon Snow<br />

George Waldow<br />

Stephanie White<br />

John Cochnar<br />

Robert Harms<br />

Mike LeValley<br />

US Fish and Wildlife Service (USFWS)<br />

Jeff Runge<br />

Martha Tacha<br />

Greg Wingfield<br />

US Geological Survey (USGS) Phil Soenksen<br />

Randy Thoreson<br />

National Park Service (NPS)<br />

Mark Weekley<br />

Nebraska Game and Parks Commission (NGPC)<br />

Frank Albrecht<br />

Jeff Schuckman<br />

Kristal Stoner<br />

Gene Zuerlein<br />

Nebraska Department of Natural Resources (DNR) Mike Thompson<br />

Nebraska Department of Environmental Quality (NDEQ) John Bender<br />

Lower <strong>Loup</strong> Natural Resources <strong>District</strong> (NRD) and Nebraska Dick Hadenfeldt<br />

Natural Resources Commission (NRC)<br />

Central Platte Natural Resource <strong>District</strong> (NRD) Mark Czaplewski<br />

City of Genoa Lacie Andreasen<br />

City of Columbus Joe Mangiamelli<br />

Meeting Agenda:<br />

I. Welcome and Introductions<br />

II. The History of <strong>Loup</strong> <strong>Power</strong> <strong>District</strong><br />

III. <strong>Loup</strong> Hydro Facilities and Operations (Neal)<br />

IV. FERC Licensing Process (George/Neal)<br />

V. The Role of the Agencies (Neal)<br />

VI. Next Steps<br />

Phone (866) 869-2087<br />

Fax (402) 564-0970<br />

www.loup.com<br />

Page 1 of 4


LPD Hydropower Relicensing<br />

FERC Project No. 1256<br />

Agency Meeting - May 7, 2008<br />

Discussion:<br />

Topic Detail Interested<br />

Agency<br />

<strong>Loup</strong> <strong>Power</strong> <strong>District</strong> Includes information about park sites and available NPS<br />

History Book<br />

recreation through the <strong>Loup</strong> <strong>Power</strong> <strong>District</strong> offices.<br />

Water Right The <strong>District</strong> has a water right to divert up to 3,500<br />

cubic feet per second (cfs) from the <strong>Loup</strong> River for<br />

power generation purposes.<br />

USFWS<br />

Irrigation The <strong>District</strong> has 40 irrigation customers and 78<br />

irrigation diversion points with water rights to water<br />

in the canal<br />

Irrigator rights, approved by the State, are junior<br />

water rights to the <strong>District</strong>’s but are given preference<br />

for agricultural use as priority users of water<br />

<strong>District</strong> is compensated for acre-feet pumped by<br />

irrigators through a subordination arrangement<br />

Most irrigators are west of Lake Babcock; only four<br />

irrigators are located below the Columbus<br />

<strong>Power</strong>house.<br />

USFWS<br />

Water Capacity There are no plans to increase the hydraulic capacity<br />

of the canal.<br />

Both the power canal and the Monroe <strong>Power</strong>house<br />

are designed for a hydraulic flow capacity of 3,500<br />

cfs.<br />

USFWS<br />

NPPD <strong>Part</strong>nership All energy produced at the two powerhouses<br />

NDEQ,<br />

(Monroe and Columbus) is sold directly to NPPD as NGPC,<br />

a portion of their overall power portfolio.<br />

All power the <strong>District</strong> distributes is purchased back<br />

from NPPD<br />

The <strong>District</strong> has a negotiated contract with NPPD;<br />

price of energy fluctuates yearly, based on average<br />

cost of NPPD generation.<br />

Because generation is based on flow availability, the<br />

<strong>District</strong> is not always able to meet NPPD’s<br />

needs/requests.<br />

USFWS<br />

Sluice Gates Used to periodically flush sand and debris away from USFWS,<br />

intake gates.<br />

Original settling basin sluice pipe was an open flume<br />

but has now been filled with sand and abandoned.<br />

Gate operation is based on water conditions and sand<br />

or debris accumulation; there is no defined schedule<br />

of operation.<br />

Operation moves a large amount of sand.<br />

NDEQ, NGPC<br />

Sand Management There are sand management areas on the north and<br />

south side of the settling basin.<br />

One to two million tons of sand are dredged from the<br />

settling basin per year.<br />

Water flows from dredge on the north side are<br />

conveyed through a series of ditches and discharged<br />

back into the <strong>Loup</strong> River upstream of the diversion<br />

NGPC<br />

<strong>Loup</strong> <strong>Power</strong> <strong>District</strong><br />

Columbus, NE<br />

P.O. Box 988<br />

2404 15 th Street<br />

Columbus, NE 68602-0988<br />

Phone (866) 869-2087<br />

Fax (402) 564-0970<br />

www.loup.com<br />

Page 2 of 4


LPD Hydropower Relicensing<br />

FERC Project No. 1256<br />

Agency Meeting - May 7, 2008<br />

structure.<br />

Bypass Reach There are control gates adjacent to the diversion<br />

structure which allow flows to be bypassed back into<br />

the <strong>Loup</strong> River channel.<br />

River overtops the low weir or wall when there is<br />

<strong>Loup</strong> <strong>Power</strong> <strong>District</strong><br />

Columbus, NE<br />

sufficient flow.<br />

<strong>Power</strong> Canal Canal gradient is approximately 1 foot per mile<br />

The canal can only hold 3,500 cubic feet per second<br />

(cfs) – the system is running at capacity when the<br />

canal bank is full<br />

There are several siphons along the canal that convey<br />

natural drainage from the north side of the canal to<br />

the south side of the canal; they include Beaver Creek<br />

siphon, Looking Glass Creek siphon, Dry/Cherry<br />

Creek siphon, and the Oconee siphon.<br />

Monroe <strong>Power</strong>house Monroe <strong>Power</strong>house is operated in a run-of-river<br />

manner and has no water storage capabilities.<br />

Most of the time, all units are available to run near<br />

capacity but there is often insufficient water to do so.<br />

The system runs at full capacity only a few days per<br />

year.<br />

Lake Storage Lake Babcock and Lake North are used to manage<br />

the flow going into the Columbus <strong>Power</strong>house.<br />

Generally, the water level rises at night and then<br />

lowers during the day when the Columbus facility<br />

runs to cover NPPD’s peak.<br />

Lake North is significantly deeper than Lake<br />

Babcock; can not be totally drained.<br />

Silt at Lake Babcock The <strong>District</strong> has considered dredging the lake but it is<br />

not economically prudent.<br />

<strong>District</strong> flushes sediment out of the lake through the<br />

Columbus <strong>Power</strong>house to keep the original flow<br />

channel open.<br />

Alternative methods to reclaim some of the storage<br />

capacity are currently being evaluated.<br />

Columbus <strong>Power</strong>house Columbus <strong>Power</strong>house is a peaking facility operated<br />

by the <strong>District</strong> but dispatched by NPPD according to<br />

their system requirements.<br />

The units are generally run to cover NPPD peak load<br />

or conditions when NPPD generation facilities go<br />

off-line. NPPD has a double peak in winter and there<br />

is a very late night peak in the summer due to<br />

irrigation.<br />

NPPD’s needs mandate daily generation activity.<br />

Any two of the three units at the Columbus<br />

<strong>Power</strong>house can accommodate the 3,500 cfs canal<br />

design. When all three units are used at capacity, the<br />

5,000 cfs intake canal design flow is utilized.<br />

If the entire plant went off line, lake water levels are<br />

maintained to contain the flow, once diversion is<br />

stopped at the headgates.<br />

Vertical trash rack bars are several inches apart and<br />

P.O. Box 988<br />

2404 15 th Street<br />

Columbus, NE 68602-0988<br />

NPS<br />

Phone (866) 869-2087<br />

Fax (402) 564-0970<br />

www.loup.com<br />

USFWS,<br />

NGPC<br />

NPS<br />

USFWS<br />

NGPC<br />

NGPC, USGS,<br />

NDEQ,<br />

USFWS<br />

Page 3 of 4


LPD Hydropower Relicensing<br />

FERC Project No. 1256<br />

Agency Meeting - May 7, 2008<br />

are not intended as a screen to exclude fish.<br />

Fish Fish are present in the canal; the state record Flathead<br />

catfish was taken from the canal.<br />

There are no fish protection screens at the<br />

<strong>Loup</strong> <strong>Power</strong> <strong>District</strong><br />

Columbus, NE<br />

powerhouses.<br />

Endangered Species Section 7 of the Endangered Species Act will be<br />

considered in the relicensing process.<br />

FERC will initiate informal consultation 60 days<br />

following filing of the NOI/PAD.<br />

Drought Concerns The <strong>Loup</strong> River is classified as one of the most<br />

consistent flowing rivers in the US. During recent<br />

droughts, summer <strong>Loup</strong> River flows were near<br />

normal.<br />

Action Items:<br />

Who<br />

Task<br />

LPD Determine issuance process for 401 Water Quality Certification associated<br />

with the FERC public process.<br />

P.O. Box 988<br />

2404 15 th Street<br />

Columbus, NE 68602-0988<br />

USGS<br />

Phone (866) 869-2087<br />

Fax (402) 564-0970<br />

www.loup.com<br />

USFWS<br />

USGS<br />

Date<br />

Assigned<br />

5/7/08<br />

LPD Distribute agency contact information. 5/7/08<br />

All<br />

Agencies<br />

Provide list of NGOs that may be interested in the Project to the <strong>District</strong>. 5/7/08<br />

Next Meeting:<br />

What: Agency Follow-up Meeting<br />

When: Wednesday, June 25, 2008 : 10:00 a.m. – 2:00 p.m. Lunch will be provided<br />

Where: Wunderlichs, 304 E. Highway 30, Columbus, NE 68601<br />

RSVP: On or before Friday, June 20, 2008 to Emily Buss, emily.buss@hdrinc.com<br />

or 763-278-5904<br />

The purpose of the meeting is to introduce, discuss and compare the hydropower related issues and concerns<br />

identified by the participating agencies. Our objectives for this meeting are to talk through and reach a mutual<br />

understanding of the basis or rationale for each issue or concern.<br />

Page 4 of 4


Selzle, Lydia<br />

From: Buss, Emily D.<br />

Sent: Monday, May 12, 2008 4:09 PM<br />

To: Frank Albrecht; Gene Zuerlein; Greg Wingfield; Jeff Runge; Jeff Schuckman; Joe<br />

Mangiamelli; John Bender; John Cochnar; Kristal Stoner; Lacie Andreasen; Mark Czaplewski;<br />

Mark Weekley; Martha Tacha; Marty Link; Mike LeValley; Mike Thompson; Phil Soenksen;<br />

Randy Thoreson; Robert Harms<br />

Cc: Neal Suess<br />

Subject: <strong>Loup</strong> <strong>Power</strong> <strong>District</strong>: Agency Follow6up Meeting<br />

Importance: High<br />

Greetings:<br />

I want to thank all of you who participated in our agency orientation meeting on Wednesday, May 7 th . We hope<br />

that the information presented regarding the <strong>District</strong>’s hydroelectric project and the Federal Energy Regulatory<br />

Commission (FERC) Integrated License Process (ILP) will be useful to you as we proceed with our relicensing<br />

program. The <strong>District</strong> looks forward to working collaboratively with all interested agencies and stakeholders<br />

over the six year schedule of this undertaking.<br />

Please reserve Wednesday, June 11 th and plan to attend our first follow/up agency meeting. We will meet in<br />

Columbus, Nebraska from 10 am until 2 pm. Lunch will be provided. Information on the specific location will<br />

be provided later this week.<br />

We request that you please prepare the following information in preparation for this meeting:<br />

1. Confirm who will be the primary point(s) of contact for your agency.<br />

2. Confirm who from your agency will attend the meeting on June 11th.<br />

3. Provide a list of any NGO’s you are aware of that should be invited to participate in this relicense process.<br />

4. Prepare a preliminary list of any issues and/or concerns that your agency has regarding the present or future<br />

operation of the <strong>Loup</strong> River Hydroelectric Project.<br />

(Note: Please do not categorize these issues/concerns as study needs or study requests at this time; that step will<br />

occur later in the interactive process.)<br />

Please prepare your responses to the above items in a word document or in an e/mail and send it to me, Emily<br />

Buss, HDR at emily.buss@hdrinc.com and to Neal Suess, <strong>Loup</strong> <strong>Power</strong> <strong>District</strong> at nsuess@loup.com on or<br />

before Friday, May 16 th . If I have not heard from you by Friday, May 16th I will be contacting you via<br />

telephone. Thank you.<br />

Not all agencies are required to participate in the relicense process. If, at any point in time, your agency should<br />

choose not to formally participate in the relicense process, please so indicate in the form of a signed letter or an<br />

e/mail addressed to:<br />

Neal Suess<br />

President / CEO<br />

<strong>Loup</strong> <strong>Power</strong> <strong>District</strong><br />

2404 15 th Street<br />

P.O. Box 988<br />

Columbus, NE 69602/0988<br />

nsuess@loup.com<br />

1


Thank you again for you interest and participation in this process. Please contact me if you have questions or<br />

need any additional information.<br />

Emily Buss<br />

Environmental Scientist / Public Involvement Specialist<br />

HDR ONE COMPANY | Many Solutions<br />

701 Xenia Avenue South | Suite 600 | Minneapolis, MN | 55416<br />

Phone: 763.278.5904 | Fax: 763.591.5413 | Email: Emily.Buss@hdrinc.com<br />

2


Selzle, Lydia<br />

From: Frank Albrecht [Frank.Albrecht@ngpc.ne.gov]<br />

Sent: Wednesday, May 14, 2008 1:57 PM<br />

To: Buss, Emily D.<br />

Cc: Carey.Grell@ngpc.ne.gov; Kristal Stoner; Dave Tunink; gene.zuerlein@ngpc.ne.gov; Bob<br />

Harms; Jeff Runge<br />

Subject: Re: <strong>Loup</strong> <strong>Power</strong> <strong>District</strong>: Agency Follow8up Meeting<br />

Attachments: 2007831908KEA8LPPD canal dredging8Nov07.pdf<br />

Follow Up Flag: Follow up<br />

Flag Status: Completed<br />

Emily,<br />

I am the POC for the Nebraska Game and Parks Commission for this project. I am unable to attend on the 11th<br />

I was hoping you were going to poll the agencies for available meeting dates but unfortunately, this didn't<br />

happen. I am unsure who will attend at this time as I will need to contact them for their availability.<br />

Some of our concerns/issues are outlined in the attached letter which addressed an associated 404 permit. On a<br />

short notice, I thought this would help with the process. We can explain and expand on these for you at a later<br />

date.<br />

Feel free to call or email if you have questions.<br />

Frank Albrecht<br />

Assistant Division Administrator<br />

Realty and Environmental Services Division<br />

Nebraska Game and Parks Commission<br />

2200 N. 33rd St.<br />

Lincoln, NE 68503<br />

402 471 5422<br />

Visit us at http://www.ngpc.state.ne.us<br />

88888 Original Message 88888<br />

From: Buss, Emily D.<br />

To: Frank Albrecht ; Gene Zuerlein ; Greg Wingfield ; Jeff Runge ; Jeff Schuckman ; Joe Mangiamelli ; John Bender ;<br />

John Cochnar ; Kristal Stoner ; Lacie Andreasen ; Mark Czaplewski ; Mark Weekley ; Martha Tacha ; Marty Link ; Mike<br />

LeValley ; Mike Thompson ; Phil Soenksen ; Randy Thoreson ; Robert Harms<br />

Cc: Neal Suess<br />

Sent: Monday, May 12, 2008 4:09 PM<br />

Subject: <strong>Loup</strong> <strong>Power</strong> <strong>District</strong>: Agency Follow8up Meeting<br />

Greetings:<br />

I want to thank all of you who participated in our agency orientation meeting on Wednesday, May 7 th . We<br />

hope that the information presented regarding the <strong>District</strong>’s hydroelectric project and the Federal Energy<br />

Regulatory Commission (FERC) Integrated License Process (ILP) will be useful to you as we proceed with our<br />

relicensing program. The <strong>District</strong> looks forward to working collaboratively with all interested agencies and<br />

stakeholders over the six year schedule of this undertaking.<br />

1


Please reserve Wednesday, June 11 th and plan to attend our first follow up agency meeting. We will meet in<br />

Columbus, Nebraska from 10 am until 2 pm. Lunch will be provided. Information on the specific location will<br />

be provided later this week.<br />

We request that you please prepare the following information in preparation for this meeting:<br />

1. Confirm who will be the primary point(s) of contact for your agency.<br />

2. Confirm who from your agency will attend the meeting on June 11th.<br />

3. Provide a list of any NGO’s you are aware of that should be invited to participate in this relicense process.<br />

4. Prepare a preliminary list of any issues and/or concerns that your agency has regarding the present or future<br />

operation of the <strong>Loup</strong> River Hydroelectric Project.<br />

(Note: Please do not categorize these issues/concerns as study needs or study requests at this time; that step<br />

will occur later in the interactive process.)<br />

Please prepare your responses to the above items in a word document or in an e mail and send it to me, Emily<br />

Buss, HDR at emily.buss@hdrinc.com and to Neal Suess, <strong>Loup</strong> <strong>Power</strong> <strong>District</strong> at nsuess@loup.com on or<br />

before Friday, May 16 th . If I have not heard from you by Friday, May 16th I will be contacting you via<br />

telephone. Thank you.<br />

Not all agencies are required to participate in the relicense process. If, at any point in time, your agency should<br />

choose not to formally participate in the relicense process, please so indicate in the form of a signed letter or an<br />

e mail addressed to:<br />

Neal Suess<br />

President / CEO<br />

<strong>Loup</strong> <strong>Power</strong> <strong>District</strong><br />

2404 15 th Street<br />

P.O. Box 988<br />

Columbus, NE 69602 0988<br />

nsuess@loup.com<br />

Thank you again for you interest and participation in this process. Please contact me if you have questions or<br />

need any additional information.<br />

Emily Buss<br />

Environmental Scientist / Public Involvement Specialist<br />

HDR ONE COMPANY | Many Solutions<br />

701 Xenia Avenue South | Suite 600 | Minneapolis, MN | 55416<br />

Phone: 763.278.5904 | Fax: 763.591.5413 | Email: Emily.Buss@hdrinc.com<br />

2


Selzle, Lydia<br />

From: Randy_Thoreson@nps.gov<br />

Sent: Monday, May 19, 2008 2:49 PM<br />

To: Buss, Emily D.; nsuess@loup.com<br />

Cc: Mark_Weekley@nps.gov<br />

Subject: Re: <strong>Loup</strong> <strong>Power</strong> <strong>District</strong>: Agency Follow-up Meeting<br />

Follow Up Flag: Follow up<br />

Flag Status: Completed<br />

Hi Emily,<br />

I was away from my office last week so am responding to your email today.<br />

As I mentioned to you at the May 7th meeting, I will be the primary point of contact for the<br />

National Park Service on the Loop <strong>Power</strong> <strong>District</strong> Hydro Relicensing Project. I expect to<br />

attend the June 11th meeting along with Mark Weekley from our Omaha Regional Office.<br />

Primary Hydro relicensing interests from the National Park Service (NPS), and particular to<br />

the the Loop <strong>Power</strong> <strong>District</strong> Project, will be Recreation, Land Use and Asethetics. Other<br />

topics of discussion and areas of study, such as project operations and natural resources<br />

impacts, are also of interest to the NPS as the FERC "Integrated License Process (ILP)"<br />

moves forward. The opportunities for stakeholders (including NGO'S) as well as<br />

public review and input are of further importance. One NGO that comes<br />

to mind, and is likely influenced by the Project, is the Lower Platte River Corridor<br />

Alliance. As applicable, I would suggest adding Rodney Verhoeff, Coordinator of the<br />

Alliance, to your list of NGO's. If you wish to discuss the project with him, his telephone<br />

number is (402) 476-2729. His office address is 3125 Portia Street, P.O Box 83581, Lincoln,<br />

Nebraska-3581.<br />

Thankyou for keeping the NPS informed in the Loop <strong>Power</strong> <strong>District</strong> Hydro Relicensing Project.<br />

Feel free to call me at (651) 290-3004 if you have any questions.<br />

Randy Thoreson<br />

National Park Service<br />

Rivers,Trails, and Conservation Assistance Program / Hydro Program<br />

111 East Kellogg Blvd. Suite 105<br />

St. Paul, MN 55101<br />

Tel (651) 290-3004<br />

Fax (651) 290-3815<br />

|---------+----------------------------><br />

| | "Buss, Emily D." |<br />

| | |<br />

| | |<br />

| | 05/12/2008 04:09 |<br />

| | PM EST |<br />

|---------+----------------------------><br />

>------------------------------------------------------------------------------------------<br />

------------------------------------|<br />

|<br />

|<br />

| To: "Frank Albrecht" , "Gene Zuerlein"<br />

, "Greg Wingfield" |<br />

1


| , "Jeff Runge" , "Jeff Schuckman"<br />

, "Joe |<br />

| Mangiamelli" , "John Bender" ,<br />

"John Cochnar" |<br />

| , "Kristal Stoner" , "Lacie<br />

Andreasen" , "Mark |<br />

| Czaplewski" , "Mark Weekley" , "Martha<br />

Tacha" , "Marty |<br />

| Link" , "Mike LeValley" ,<br />

"Mike Thompson" , |<br />

| "Phil Soenksen" , "Randy Thoreson" ,<br />

"Robert Harms" |<br />

| cc: "Neal Suess" <br />

|<br />

| Subject: <strong>Loup</strong> <strong>Power</strong> <strong>District</strong>: Agency Follow-up Meeting<br />

|<br />

>------------------------------------------------------------------------------------------<br />

------------------------------------|<br />

Greetings:<br />

I want to thank all of you who participated in our agency orientation meeting on Wednesday,<br />

May 7th. We hope that the information presented regarding the <strong>District</strong>’s hydroelectric<br />

project and the Federal Energy Regulatory Commission (FERC) Integrated License Process (ILP)<br />

will be useful to you as we proceed with our relicensing program. The <strong>District</strong> looks forward<br />

to working collaboratively with all interested agencies and stakeholders over the six year<br />

schedule of this undertaking.<br />

Please reserve Wednesday, June 11th and plan to attend our first follow-up agency meeting.<br />

We will meet in Columbus, Nebraska from 10 am until 2 pm.<br />

Lunch will be provided. Information on the specific location will be provided later this<br />

week.<br />

We request that you please prepare the following information in preparation for this meeting:<br />

1. Confirm who will be the primary point(s) of contact for your agency.<br />

2. Confirm who from your agency will attend the meeting on June 11th.<br />

3. Provide a list of any NGO’s you are aware of that should be invited to participate in<br />

this relicense process.<br />

4. Prepare a preliminary list of any issues and/or concerns that your agency has regarding<br />

the present or future operation of the <strong>Loup</strong> River Hydroelectric Project.<br />

(Note: Please do not categorize these issues/concerns as study needs or study requests at<br />

this time; that step will occur later in the interactive<br />

process.)<br />

Please prepare your responses to the above items in a word document or in an e-mail and send<br />

it to me, Emily Buss, HDR at emily.buss@hdrinc.com and to Neal Suess, <strong>Loup</strong> <strong>Power</strong> <strong>District</strong> at<br />

nsuess@loup.com on or before Friday, May 16th. If I have not heard from you by Friday, May<br />

16th I will be contacting you via telephone. Thank you.<br />

Not all agencies are required to participate in the relicense process. If, at any point in<br />

time, your agency should choose not to formally participate in the relicense process, please<br />

so indicate in the form of a signed letter or an e-mail addressed to:<br />

2


Neal Suess<br />

President / CEO<br />

<strong>Loup</strong> <strong>Power</strong> <strong>District</strong><br />

2404 15th Street<br />

P.O. Box 988<br />

Columbus, NE 69602-0988<br />

nsuess@loup.com<br />

Thank you again for you interest and participation in this process. Please contact me if you<br />

have questions or need any additional information.<br />

Emily Buss<br />

Environmental Scientist / Public Involvement Specialist<br />

HDR ONE COMPANY | Many Solutions<br />

701 Xenia Avenue South | Suite 600 | Minneapolis, MN | 55416<br />

Phone: 763.278.5904 | Fax: 763.591.5413 | Email: Emily.Buss@hdrinc.com<br />

3


Selzle, Lydia<br />

From: John.Bender@NDEQ.State.NE.US<br />

Sent: Tuesday, May 20, 2008 4:03 PM<br />

To: Buss, Emily D.<br />

Subject: NGO list<br />

Attachments: <strong>Loup</strong>NGOlist.DOC<br />

Follow Up Flag: Follow up<br />

Flag Status: Flagged<br />

Attached is an excerpt from my mailing list. I have removed agency contacts, NRDs, and<br />

national contacts. What remains are local representatives of NGOs that have expressed an<br />

interest in water issues.<br />

(See attached file: <strong>Loup</strong>NGOlist.DOC)<br />

John F. Bender<br />

Water Quality Standards Coordinator<br />

Nebraska Department of Environmental Quality<br />

402/471-4201<br />

1


Title FirstName LastName JobTitle Company Address1 Address2 City St PostCode<br />

Mr. Kevin Poague Audubon Nebraska P.O. Box 117 Denton NE 68339 1.<br />

Mr. Vince Shay State Director The Nature<br />

1025 Leavenworth Suite 100 Omaha NE 68102 2.<br />

Conservancy St.<br />

Mr. Tony Korth President Elect Nebraska Chapter<br />

American Fisheries<br />

Society<br />

21502 W. Hwy. 31 Gretna NE 68028 3.<br />

Mr. Duane Hovorka Executive Nebraska Wildlife P.O. Box 81437 Lincoln NE 68501- 4.<br />

Director Federation<br />

1437<br />

Mr. Steve Wilson Nebraska East Nebraska Ducks 3648 S. 16<br />

Region Director Unlimited<br />

th St Lincoln NE 68502 5.<br />

Mr. Dick Boyd Chapter Chair Nebraska Chapter P.O. Box 4664 Omaha NE 68104- 6.<br />

Sierra Club<br />

0664<br />

Mr. Wes Sheets Izaak Walton League 6710 Marcia Ln. Lincoln NE 68505 7.<br />

Dr. Felipe Chavez- Executive Platte River Whooping 6611 W. Whooping<br />

Wood NE 68883 8.<br />

Ramirez Director Crane Trust Crane Dr.<br />

River<br />

Ms. Traci Bruckner Rural Policy Center for Rural 145 Main St. P.O. Box 136 Lyons NE 68038- 9.<br />

Program<br />

Assistant<br />

Director<br />

Affairs<br />

0136<br />

Mr. Craig Head Nebraska Farm Bureau P.O Box 80299<br />

Federation<br />

Lincoln NE 68501 10.<br />

Mr. John Hansen President Farmers Union of<br />

Nebraska<br />

1305 Plum Lincoln NE 68502 11.<br />

Mr. Michael Kelsey Executive Vice Nebraska Cattlemen 134 S. 13<br />

President<br />

th St. Suite 900 Lincoln NE 68508- 12.<br />

1901<br />

Mr. Larry Sitzman Executive Nebraska Pork A103 Animal University of Lincoln NE 68583- 13.<br />

Director Producers<br />

Sciences Building Nebraska-<br />

Lincoln<br />

0909<br />

Mr. Jeff Keown Extension Dairy<br />

A218 Animal University of Lincoln NE 68583 14.<br />

Specialist<br />

Sciences Building Nebraska-<br />

Lincoln


Title FirstName LastName JobTitle Company Address1 Address2 City St PostCode<br />

Ms. Susan Joy General Nebraska Poultry P.O. Box 830908 University of Lincoln NE 68583- 15.<br />

Manager Industries<br />

Nebraska-<br />

Lincoln<br />

A103 Animal<br />

Sciences<br />

Building<br />

0908<br />

Mr. Scott Merritt Executive Nebraska Corn 1327 H St., Suite<br />

Lincoln NE 68508 16.<br />

Director Growers Association 305<br />

DeMaris Johnson Executive Nebraska Water 1233 Lincoln Mall Suite 203 Lincoln NE 68508 17.<br />

Director Resources Association<br />

Mr. Don Kraus General Central Nebraska P.O. Box 740 Holdrege NE 68949- 18.<br />

Manager Pubic <strong>Power</strong> &<br />

Irrigation <strong>District</strong><br />

0740<br />

Mr. Bill Neal Environmental Omaha Public <strong>Power</strong> 444 South 16th<br />

Omaha NE 68102- 19.<br />

and Government <strong>District</strong><br />

Affairs<br />

Street Mall<br />

2247<br />

Mr. Joe Citta, Jr. Environmental Nebraska Public 1414 15th St. Columbus NE 68601 20.<br />

Protection<br />

Supervisor<br />

<strong>Power</strong> <strong>District</strong><br />

Mr. Jeff Forney Secretary Nebraska Water 2120 S 72<br />

Environment<br />

Association<br />

nd St. Suite 1400 Omaha NE 68124- 21.<br />

6316<br />

Mr. Lash Chaffin Utilities Section League of Nebraska 1335 L St. Lincoln NE 68508 22.<br />

Director Municipalities<br />

Ms. Gordon Kissel Executive Nebraska Society of 301 South 13<br />

Director Professional Engineers<br />

th<br />

Suite 400 Lincoln NE 68508- 23.<br />

Street<br />

2571<br />

Ms. Jane Griffin President The Groundwater P.O. Box 22558 Lincoln NE 68542- 24.<br />

Foundation<br />

2558


May, XX, 2008<br />

<br />

<br />

<br />

<br />

, <br />

Re: <strong>Loup</strong> <strong>Power</strong> <strong>District</strong> Hydroelectric Relicensing<br />

Public Open Houses Scheduled for June 10 and 11, 2008<br />

Dear ,<br />

You have received this letter because you have been identified as a potential interested stakeholder in<br />

the <strong>Loup</strong> <strong>Power</strong> <strong>District</strong>’s (<strong>District</strong>) relicensing process for its hydroelectric project. The <strong>District</strong> has<br />

scheduled public open houses to provide information about the history and operation of the hydroelectric<br />

project, the relicensing process, and the opportunities for public comment and participation.<br />

The format for these public open houses is very informal. There will be no formal presentation;<br />

the Relicensing Team will be available to answer questions and take comments. You are welcome to<br />

attend at any time during the open house hours listed below. To learn more about the relicensing<br />

process please go to the website www.loup.com or relicensing hotline 1-866-869-2087 for additional<br />

information.<br />

The times and locations for the public open houses are listed below. The information available at each<br />

open house will be the same.<br />

Tuesday, June 10, 2008 in Columbus, Nebraska.<br />

Time: 2 PM-4 PM or 6 PM- 8 PM<br />

Columbus VFW Club<br />

2720 23rd St<br />

Columbus, NE 68601<br />

Wednesday, June 11, 2008 in Genoa, Nebraska.<br />

Time: 6 PM- 8 PM<br />

Genoa Senior Center<br />

115 N Oak St<br />

Genoa, NE 68640<br />

We look forward to working with you throughout the multi-year relicensing process.<br />

<strong>Loup</strong> <strong>Power</strong> <strong>District</strong><br />

Sincerely,<br />

Neal D. Suess, PE<br />

President/CEO


Selzle, Lydia<br />

From: Philip J Soenksen [pjsoenks@usgs.gov]<br />

Sent: Monday, June 02, 2008 1:38 PM<br />

To: Buss, Emily D.<br />

Cc: Neal Suess; Robert B Swanson; Richard C Wilson; rbzelt@usgs.gov; pjsoenks@usgs.gov<br />

Subject: Re: <strong>Loup</strong> <strong>Power</strong> <strong>District</strong>: Agency Follow3up Meeting<br />

Follow Up Flag: Follow up<br />

Flag Status: Completed<br />

Emily,<br />

Sorry for the late response to your e3mail. Our senior staff has been scattered for the last several weeks (prior<br />

commitments out of town, 2 weeks of flooding, time off, ...), and we were not able to have the necessary discussions to<br />

respond until today. Below are those responses as per the numbering in your e3mail.<br />

1. Primary points of contact:<br />

Ben Dietsch, Hydrologist, bdietsch@usgs.gov, 402332834122 (office), 402341635154 (cell)<br />

Jason Alexander, Hydrologist, jalexand@usgs.gov, 402332834132 (office), 402331437661 (cell)<br />

2. June 11th meeting attendance:<br />

Ben Dietsch, Jason Alexander, Ron Zelt, Phil Soenksen<br />

3. List of NGOs:<br />

Platte River Recovery Implementation Program, Jerry F. Kenny, Executive Director, kennyj@headwaterscorp.com,<br />

308323735728 (office), 303351431305 (cell)<br />

Nebraska Airboaters Association<br />

Suggest contacting Rodney Verhoeff, Coordinator for the Lower Platte River Corridor Alliance to get more NGOs (he<br />

was out when I called today)<br />

RVerhoeff@lpsnrd.org, 402347632729 (office at LPS NRD), 402342930334 (cell)<br />

4. Preliminary list of issues/concerns: As a non3regulatory science agency, we do not, in a sense, have issues/concerns of<br />

our own; but rather, we seek to provide the necessary good science information to help answer such issues/concerns for<br />

others. That being said, below is a list of general scientific inquiries that might be of interest.<br />

Effects of LPD operations on water temperature in lower <strong>Loup</strong> and lower Platte Rivers (implications for aquatic biota)<br />

Effects of LPD operations on sediment budget below the tailrace canal outfall (implications for in3channel sources)<br />

Effects of LPD operations (especially hydropeaking) on sandbar elevations (implications for aquatic biota)<br />

Effects of LPD operations on hydraulic habitat connectivity and distribution (implications for aquatic biota)<br />

Effects of LPD operations on in3channel vegetation extent and composition (implications for woodland expansion and<br />

invasive species)<br />

Phil Soenksen<br />

Chief, Hydrologic Data Section<br />

USGS Nebraska Water Science Center<br />

402332834150<br />

pjsoenks@usgs.gov<br />

http://ne.water.usgs.gov<br />

"Buss, Emily D." <br />

05/12/2008 04:09 PM<br />

To "Frank Albrecht" , "Gene Zuerlein"<br />

, "Greg Wingfield" , "Jeff<br />

Runge" , "Jeff Schuckman" , "Joe<br />

Mangiamelli" , "John Bender"<br />

, "John Cochnar" , "Kristal<br />

Stoner" , "Lacie Andreasen" ,<br />

"Mark Czaplewski" , "Mark Weekley" ,<br />

"Martha Tacha" , "Marty Link"<br />

, "Mike LeValley" , "Mike<br />

Thompson" , "Phil Soenksen" ,<br />

"Randy Thoreson" , "Robert Harms"<br />

<br />

1


Greetings:<br />

cc "Neal Suess" <br />

Subject <strong>Loup</strong> <strong>Power</strong> <strong>District</strong>: Agency Follow3up Meeting<br />

I want to thank all of you who participated in our agency orientation meeting on Wednesday, May 7 th . We hope<br />

that the information presented regarding the <strong>District</strong>’s hydroelectric project and the Federal Energy Regulatory<br />

Commission (FERC) Integrated License Process (ILP) will be useful to you as we proceed with our relicensing<br />

program. The <strong>District</strong> looks forward to working collaboratively with all interested agencies and stakeholders<br />

over the six year schedule of this undertaking.<br />

Please reserve Wednesday, June 11 th and plan to attend our first follow/up agency meeting. We will meet in<br />

Columbus, Nebraska from 10 am until 2 pm. Lunch will be provided. Information on the specific location will<br />

be provided later this week.<br />

We request that you please prepare the following information in preparation for this meeting:<br />

1. Confirm who will be the primary point(s) of contact for your agency.<br />

2. Confirm who from your agency will attend the meeting on June 11th.<br />

3. Provide a list of any NGO’s you are aware of that should be invited to participate in this relicense process.<br />

4. Prepare a preliminary list of any issues and/or concerns that your agency has regarding the present or future<br />

operation of the <strong>Loup</strong> River Hydroelectric Project.<br />

(Note: Please do not categorize these issues/concerns as study needs or study requests at this time; that step will<br />

occur later in the interactive process.)<br />

Please prepare your responses to the above items in a word document or in an e/mail and send it to me, Emily<br />

Buss, HDR at emily.buss@hdrinc.com and to Neal Suess, <strong>Loup</strong> <strong>Power</strong> <strong>District</strong> at nsuess@loup.com on or<br />

before Friday, May 16 th . If I have not heard from you by Friday, May 16th I will be contacting you via<br />

telephone. Thank you.<br />

Not all agencies are required to participate in the relicense process. If, at any point in time, your agency should<br />

choose not to formally participate in the relicense process, please so indicate in the form of a signed letter or an<br />

e/mail addressed to:<br />

Neal Suess<br />

President / CEO<br />

<strong>Loup</strong> <strong>Power</strong> <strong>District</strong><br />

2404 15 th Street<br />

P.O. Box 988<br />

Columbus, NE 69602/0988<br />

nsuess@loup.com<br />

Thank you again for you interest and participation in this process. Please contact me if you have questions or<br />

need any additional information.<br />

2


Selzle, Lydia<br />

From: Buss, Emily D.<br />

Sent: Tuesday, June 03, 2008 6:40 PM<br />

To: Frank Albrecht; gene.zuerlein@ngpc.ne.gov; 'Greg Wingfield'; Jeff Runge; Jeff Schuckman;<br />

Joe Mangiamelli; 'John Bender'; 'John Cochnar'; Kristal Stoner; Lacie Andreasen; Mark<br />

Czaplewski; Mark Weekley; Martha Tacha; Marty Link; Mike LeValley; 'Mike Thompson'; Phil<br />

Soenksen; Randy Thoreson; Robert Harms<br />

Cc: Neal Suess; Waldow, George<br />

Subject: IMPORTANT : <strong>Loup</strong> <strong>Power</strong> <strong>District</strong>: Agency Follow:up Meeting Schedule<br />

Importance: High<br />

Follow Up Flag: Follow up<br />

Flag Status: Completed<br />

Greetings:<br />

We sent you an e mail on May 13 th , 2008 informing you about an Agency Follow up Meeting scheduled in Columbus for June 11 th . That meeting has<br />

now been rescheduled for June 25 th to better accommodate the majority of agencies interested in actively participating in the process. Please watch<br />

your mail in the coming week for information on the exact time and location of this meeting.<br />

We ask that you review your calendars for July – September and provide dates that you or a representative of your agency can attend upcoming<br />

meetings. We also remind you to please prepare the following information for this meeting:<br />

1. Confirm who will be the primary point(s) of contact for your agency.<br />

2. Provide a list of any NGO’s you are aware of that should be invited to participate in this relicense process.<br />

3. Prepare a preliminary list of any issues and/or concerns that your agency has regarding the present or future operation of the <strong>Loup</strong> River<br />

Hydroelectric Project. (Note: Please do not categorize these issues/concerns as study needs or study requests at this time; that step will occur later<br />

in the interactive process.)<br />

Please prepare your responses to the above items in a word document or in an e mail and send it to me, Emily Buss, HDR at<br />

emily.buss@hdrinc.com and to Neal Suess, <strong>Loup</strong> <strong>Power</strong> <strong>District</strong> at nsuess@loup.com before the meeting on June 25 th .<br />

The ILP process is moving steadily forward and we all need to work collaboratively to find sufficient time to meet and discuss issues, concerns, and<br />

solutions.<br />

Thank you again for you interest and participation in this process. Please contact me if you have questions or need any additional information.<br />

Emily Buss<br />

Environmental Scientist / Public Involvement Specialist<br />

HDR ONE COMPANY | Many Solutions<br />

701 Xenia Avenue South | Suite 600 | Minneapolis, MN | 55416<br />

Phone: 763.278.5904 | Fax: 763.591.5413 | Email: Emily.Buss@hdrinc.com<br />

1


Selzle, Lydia<br />

From: John.Bender@NDEQ.State.NE.US<br />

Sent: Thursday, June 05, 2008 12:48 PM<br />

To: Buss, Emily D.; Neal Suess<br />

Subject: Re: IMPORTANT * <strong>Loup</strong> <strong>Power</strong> <strong>District</strong>: Agency Follow*up Meeting Schedule<br />

Follow Up Flag: Follow up<br />

Flag Status: Completed<br />

I am already committed to two other meetings on June 25, so I doubt that I can attend your<br />

rescheduled meeting. As far as July - September dates go, my calendar is open the weeks of<br />

July 22 and 29, all of August except Aug, 28, and all of September except the week of Sept.<br />

22.<br />

As stated earlier, I will be the primary point of contact at NDEQ for the ILP. I forwarded<br />

Emily a list of NGOs that have expressed interest in our Water Quality Standards in an<br />

earlier email.<br />

NDEQ's interests in the ILP will revolve around the 401 water quality certification for the<br />

FERC license. Water quality issues could include T&E species (aquatic-related only) since<br />

there is a reference to protecting them in our Water Quality Standards; any fish kills that<br />

have occurred in the canal or lakes; and the bacteria in Lake Babcock (I realize that the<br />

recreation occurs on Lake North, but the criteria are assigned to all lakes and we have data<br />

indicating high levels in Babcock).<br />

I will try to find someone in my unit to attend on the 25th in my place, but it is unlikely<br />

they would be familiar with the process.<br />

John F. Bender<br />

Water Quality Standards Coordinator<br />

Nebraska Department of Environmental Quality<br />

402/471-4201<br />

"Buss, Emily D."<br />

To<br />

"Frank Albrecht"<br />

06/03/2008 06:40 ,<br />

PM , "Greg<br />

Wingfield"<br />

, "Jeff<br />

Runge" , "Jeff<br />

Schuckman"<br />

, "Joe<br />

Mangiamelli"<br />

, "John<br />

Bender"<br />

,<br />

1


Greetings:<br />

"John Cochnar"<br />

, "Kristal<br />

Stoner"<br />

,<br />

"Lacie Andreasen"<br />

, "Mark<br />

Czaplewski" , "Mark<br />

Weekley" ,<br />

"Martha Tacha"<br />

, "Marty<br />

Link"<br />

,<br />

"Mike LeValley"<br />

, "Mike<br />

Thompson" ,<br />

"Phil Soenksen"<br />

, "Randy<br />

Thoreson" ,<br />

"Robert Harms"<br />

<br />

cc<br />

"Neal Suess" ,<br />

"Waldow, George"<br />

<br />

Subject<br />

IMPORTANT - <strong>Loup</strong> <strong>Power</strong> <strong>District</strong>:<br />

Agency Follow-up Meeting Schedule<br />

We sent you an e-mail on May 13th, 2008 informing you about an Agency Follow-up Meeting<br />

scheduled in Columbus for June 11th. That meeting has now been rescheduled for June 25th to<br />

better accommodate the majority of agencies interested in actively participating in the<br />

process. Please watch your mail in the coming week for information on the exact time and<br />

location of this meeting.<br />

We ask that you review your calendars for July – September and provide dates that you or a<br />

representative of your agency can attend upcoming meetings. We also remind you to please<br />

prepare the following information for this meeting:<br />

1. Confirm who will be the primary point(s) of contact for your agency.<br />

2. Provide a list of any NGO’s you are aware of that should be invited to participate in<br />

this relicense process.<br />

3. Prepare a preliminary list of any issues and/or concerns that your agency has regarding<br />

the present or future operation of the <strong>Loup</strong> River Hydroelectric Project. (Note: Please do<br />

not categorize these issues/concerns as study needs or study requests at this time; that step<br />

will occur later in the interactive process.)<br />

2


Please prepare your responses to the above items in a word document or in an e-mail and send<br />

it to me, Emily Buss, HDR at emily.buss@hdrinc.com and to Neal Suess, <strong>Loup</strong> <strong>Power</strong> <strong>District</strong> at<br />

nsuess@loup.com before the meeting on June 25th.<br />

The ILP process is moving steadily forward and we all need to work collaboratively to find<br />

sufficient time to meet and discuss issues, concerns, and solutions.<br />

Thank you again for you interest and participation in this process. Please contact me if you<br />

have questions or need any additional information.<br />

Emily Buss<br />

Environmental Scientist / Public Involvement Specialist<br />

HDR ONE COMPANY | Many Solutions<br />

701 Xenia Avenue South | Suite 600 | Minneapolis, MN | 55416<br />

Phone: 763.278.5904 | Fax: 763.591.5413 | Email: Emily.Buss@hdrinc.com<br />

3


Project: <strong>Loup</strong> Public <strong>Power</strong> FERC Relicense<br />

HDR Engineering, Inc.<br />

8404 Indian Hills Drive<br />

Omaha, Nebraska 68114-4098<br />

Telephone Record<br />

Project No: 000000000037139<br />

Date: 06/06/08 Subject: Hotline Message<br />

Call to: <strong>Loup</strong> Hotline Phone Number<br />

Call from: Stephanie White<br />

Phone No: ext. 6961<br />

Phone No: (402) 926-7037<br />

Discussion, Agreement and/or Action:<br />

Hello, this is a test message from me, this is Stephanie White. I would actually like to be added to the mailing<br />

list. 8404 Indian Hills Dr., Omaha, NE 68114-0498. More importantly, I would like whoever gets this<br />

message to contact me immediately and let me know you got it and tell me what you’re doing with it. You can<br />

send me an email, Stephanie.white@hdrinc.com or you can call my direct number (402) 926-7037. Thanks.<br />

Phone (402) 399-1098<br />

Fax (402) 399-1111<br />

www.hdrinc.com<br />

Page 1 of 1


Selzle, Lydia<br />

From: Marty.Link@NDEQ.State.NE.US<br />

Sent: Monday, June 09, 2008 1:44 PM<br />

To: Buss, Emily D.<br />

Cc: John.Bender@NDEQ.State.NE.US; nsuess@loup.com<br />

Subject: June 25 meeting in Columbus<br />

Follow Up Flag: Follow up<br />

Flag Status: Completed<br />

Hi Emily<br />

Please put John Bender of NDEQ as our agency's official representative on the Joint Agency<br />

Meeting 'team'. John will respond to the other questions in the letter from <strong>Loup</strong> <strong>Power</strong> Dist<br />

dated June 6, 2008. Regarding a list of issues/concerns, our agency is responsible for the<br />

water quality of the surface and ground water of the state, along with air and land quality<br />

concerns, so that is where our main interest lies.<br />

Thanks for including us.<br />

Martha (Marty) Link<br />

Nebr. Dept. Environmental Quality<br />

Assoc. Dir, Water Quality Div.<br />

402/471-4270 {Fax 471-2909}<br />

marty.link@ndeq.state.ne.us<br />

1


Selzle, Lydia<br />

From: Anna Baum [abaum@upperloupnrd.org]<br />

Sent: Wednesday, June 11, 2008 9:51 AM<br />

To: Buss, Emily D.<br />

Subject: requested information<br />

Follow Up Flag: Follow up<br />

Flag Status: Flagged<br />

Good morning Emily. Per request from a letter from <strong>Loup</strong> <strong>Power</strong> <strong>District</strong> I am passing along the following information.<br />

I am the primary point of contact for our agency.<br />

Our main concern is the impact the call on the river may have in regards to fully appropriating our <strong>Loup</strong> Basin.<br />

It is very hard to put down any concrete dates to be able to attend any future meetings – I can say that the 2 nd and the 4 th<br />

week of August is out for me.<br />

We very much want to be kept abreast of the issues.<br />

Thanks!<br />

Anna Baum<br />

General Manager, Upper <strong>Loup</strong> NRD<br />

PO Box 212<br />

Thedford, Ne 69166<br />

Phone: 308#645#2250<br />

Fax: 308#645#2308<br />

1


Selzle, Lydia<br />

From: Henry Santin [santin@hamilton.net]<br />

Sent: Tuesday, June 17, 2008 7:55 PM<br />

To: Buss, Emily D.<br />

Subject: june 25th meeting<br />

Follow Up Flag: Follow up<br />

Flag Status: Flagged<br />

emily i am planning on attending the meeting on june 25th I will be the primary contact for the nance co board at this<br />

time the board has no specific concerns as far as future meetings evenings would work best for me but as far as dates<br />

go were all involved in farming so the weather will be our main concern. thanks Henry Santin Nance co. supervisor<br />

1


Selzle, Lydia<br />

From: Cothern.Joe@epamail.epa.gov<br />

Sent: Wednesday, June 18, 2008 12:45 PM<br />

To: nsuess@loup.com<br />

Cc: Buss, Emily D.<br />

Subject: Hydropower Relicensing Meeting on 6/25<br />

Follow Up Flag: Follow up<br />

Flag Status: Flagged<br />

Dear Mr. Suess,<br />

I am responding to the meeting invitation letter sent to Regional Administrator John Askew,<br />

dated June 6, 2008. EPA will not be able to attend next week's meeting, however. we would<br />

welcome the opportunity to address any environmental issue within our jurisdiction or<br />

expertise.<br />

Please let me know if EPA has previously presented a concern relative to this proposed<br />

reliscensing.<br />

Responding to your specific questions:<br />

-I will be EPA's point of contact for this reliscensing. In particular, NEPA documentation<br />

should be submitted to my office.<br />

-EPA does not know of any particular NGO group that should be contacted.<br />

-Inquiries of various EPA program offices did not identify issues or concerns.<br />

-First and last week of August are not available for meeting participation.<br />

Thank you for including EPA in your coordination efforts.<br />

Sincerely,<br />

Joe Cothern<br />

Joseph E. Cothern<br />

NEPA Team Leader<br />

U.S. Environmental Protection Agency<br />

Region 7<br />

910 N. 5th Street<br />

Kansas City, Kansas 66101<br />

(913) 551-7148<br />

cothern.joe@epa.gov<br />

1


Selzle, Lydia<br />

From: Buss, Emily D.<br />

Sent: Thursday, June 19, 2008 5:04 PM<br />

To: john.bender@ndeq.state.ne.us; david.jundt@dhhs.ne.gov; mark@cpnrd.org;<br />

jeff.schuckman@ngpc.ne.gov; frank.albrecht@ngpc.ne.gov; jangell@dnr.ne.gov;<br />

robert_harms@fws.gov; pjsoenks@usgs.gov; randy_thoreson@nps.gov;<br />

ulnrd@upperloupnrd.org; Barbara.J.Friskopp@usace.army.mil; santin@hamilton.net;<br />

rpuschendorf@nebraskahistory.org; justin.lavene@nebraksa.gov;<br />

bobbie.wickham@nebraska.gov; cothern.joe@epa.gov; jmangi@columbusne.us;<br />

cgenoa@cablene.com<br />

Cc: Buss, Emily D.; nsuess@loup.com<br />

Subject: <strong>Loup</strong> River Hydroelectric Project Relicensing<br />

Attachments: 080625.Agenda.Agency_Issues.pdf; nAgency.080507.Orientation.pdf<br />

Greetings,<br />

This is a reminder that a meeting will be held on June 25, 2008 to discuss agency issues and concerns related to<br />

relicensing the <strong>Loup</strong> River Hydroelectric Project. An agenda for the meeting is attached. Meeting details are below:<br />

Date: June 25, 2008<br />

Time: 10 am to 2 pm (lunch provided)<br />

Location: Wunderlich's<br />

304 E. Highway 30<br />

Columbus, NE 68601<br />

Also attached are the notes from the Agency Orientation meeting that was held on May 7, 2008. Please let me know if<br />

you have any comments on the meeting notes.<br />

We are providing this information to the primary contacts identified by each agency, please forward this information on to<br />

others in your agency as appropriate.<br />

Regards,<br />

Emily Buss<br />

Environmental Scientist / Public Involvement Specialist<br />

HDR ONE COMPANY | Many Solutions<br />

701 Xenia Avenue South | Suite 600 | Minneapolis, MN | 55416<br />

Phone: 763.278.5904 | Fax: 763.591.5413 | Email: Emily.Buss@hdrinc.com<br />

1


Project: <strong>Loup</strong> River Hydroelectric Project<br />

FERC Project No. 1256<br />

Subject:<br />

Meeting Date: Meeting Location:<br />

Discussion Topics:<br />

1. Welcome<br />

2. Introductions<br />

3. Process Review<br />

4. Issues Received to Date<br />

5. Issues Discussion<br />

6. Next Steps<br />

<strong>Loup</strong> <strong>Power</strong> <strong>District</strong><br />

Columbus, NE<br />

P.O. Box 988<br />

2404 15 th Street<br />

Columbus, NE 68602-0988<br />

Phone (866) 869-2087<br />

Fax (402) 564-0970<br />

www.loup.com<br />

Agenda<br />

Page 1 of 1


Project: <strong>Loup</strong> River Hydroelectric Project<br />

FERC Project No. 1256<br />

Subject: Agency Orientation Meeting<br />

Meeting Date: May 7, 2008, 10:00 am – 2:00 pm<br />

Notes by: HDR<br />

Attendees:<br />

<strong>Loup</strong> Public <strong>Power</strong> <strong>District</strong> (<strong>District</strong>)<br />

HDR<br />

<strong>Loup</strong> <strong>Power</strong> <strong>District</strong><br />

Columbus, NE<br />

P.O. Box 988<br />

2404 15 th Street<br />

Columbus, NE 68602-0988<br />

Meeting Notes<br />

Meeting Location: Wunderlichs, Columbus, NE<br />

Jim Frear<br />

Tom Kumpf, Board Member<br />

Neal Suess<br />

Ron Ziola<br />

Emily Buss<br />

Pat Engelbert<br />

Dennis Grennan<br />

Bill Sigler<br />

Shannon Snow<br />

George Waldow<br />

Stephanie White<br />

John Cochnar<br />

Robert Harms<br />

Mike LeValley<br />

US Fish and Wildlife Service (USFWS)<br />

Jeff Runge<br />

Martha Tacha<br />

Greg Wingfield<br />

US Geological Survey (USGS) Phil Soenksen<br />

Randy Thoreson<br />

National Park Service (NPS)<br />

Mark Weekley<br />

Nebraska Game and Parks Commission (NGPC)<br />

Frank Albrecht<br />

Jeff Schuckman<br />

Kristal Stoner<br />

Gene Zuerlein<br />

Nebraska Department of Natural Resources (DNR) Mike Thompson<br />

Nebraska Department of Environmental Quality (NDEQ) John Bender<br />

Lower <strong>Loup</strong> Natural Resources <strong>District</strong> (NRD) and Nebraska Dick Hadenfeldt<br />

Natural Resources Commission (NRC)<br />

Central Platte Natural Resource <strong>District</strong> (NRD) Mark Czaplewski<br />

City of Genoa Lacie Andreasen<br />

City of Columbus Joe Mangiamelli<br />

Meeting Agenda:<br />

I. Welcome and Introductions<br />

II. The History of <strong>Loup</strong> <strong>Power</strong> <strong>District</strong><br />

III. <strong>Loup</strong> Hydro Facilities and Operations (Neal)<br />

IV. FERC Licensing Process (George/Neal)<br />

V. The Role of the Agencies (Neal)<br />

VI. Next Steps<br />

Phone (866) 869-2087<br />

Fax (402) 564-0970<br />

www.loup.com<br />

Page 1 of 4


LPD Hydropower Relicensing<br />

FERC Project No. 1256<br />

Agency Meeting - May 7, 2008<br />

Discussion:<br />

Topic Detail Interested<br />

Agency<br />

<strong>Loup</strong> <strong>Power</strong> <strong>District</strong><br />

Includes information about park sites and available NPS<br />

History Book<br />

recreation through the <strong>Loup</strong> <strong>Power</strong> <strong>District</strong> offices.<br />

Water Right The <strong>District</strong> has a water right to divert up to 3,500<br />

cubic feet per second (cfs) from the <strong>Loup</strong> River for<br />

power generation purposes.<br />

USFWS<br />

Irrigation The <strong>District</strong> has 40 irrigation customers and 78<br />

irrigation diversion points with water rights to water<br />

in the canal<br />

Irrigator rights, approved by the State, are junior<br />

water rights to the <strong>District</strong>’s but are given preference<br />

for agricultural use as priority users of water<br />

<strong>District</strong> is compensated for acre-feet pumped by<br />

irrigators through a subordination arrangement<br />

Most irrigators are west of Lake Babcock; only four<br />

irrigators are located below the Columbus<br />

<strong>Power</strong>house.<br />

USFWS<br />

Water Capacity There are no plans to increase the hydraulic capacity<br />

of the canal.<br />

Both the power canal and the Monroe <strong>Power</strong>house<br />

are designed for a hydraulic flow capacity of 3,500<br />

cfs.<br />

USFWS<br />

NPPD <strong>Part</strong>nership All energy produced at the two powerhouses<br />

NDEQ,<br />

(Monroe and Columbus) is sold directly to NPPD as NGPC,<br />

a portion of their overall power portfolio.<br />

All power the <strong>District</strong> distributes is purchased back<br />

from NPPD<br />

The <strong>District</strong> has a negotiated contract with NPPD;<br />

price of energy fluctuates yearly, based on average<br />

cost of NPPD generation.<br />

Because generation is based on flow availability, the<br />

<strong>District</strong> is not always able to meet NPPD’s<br />

needs/requests.<br />

USFWS<br />

Sluice Gates Used to periodically flush sand and debris away from USFWS,<br />

intake gates.<br />

Original settling basin sluice pipe was an open flume<br />

but has now been filled with sand and abandoned.<br />

Gate operation is based on water conditions and sand<br />

or debris accumulation; there is no defined schedule<br />

of operation.<br />

Operation moves a large amount of sand.<br />

NDEQ, NGPC<br />

Sand Management There are sand management areas on the north and<br />

south side of the settling basin.<br />

One to two million tons of sand are dredged from the<br />

settling basin per year.<br />

Water flows from dredge on the north side are<br />

conveyed through a series of ditches and discharged<br />

back into the <strong>Loup</strong> River upstream of the diversion<br />

NGPC<br />

<strong>Loup</strong> <strong>Power</strong> <strong>District</strong><br />

Columbus, NE<br />

P.O. Box 988<br />

2404 15 th Street<br />

Columbus, NE 68602-0988<br />

Phone (866) 869-2087<br />

Fax (402) 564-0970<br />

www.loup.com<br />

Page 2 of 4


LPD Hydropower Relicensing<br />

FERC Project No. 1256<br />

Agency Meeting - May 7, 2008<br />

structure.<br />

Bypass Reach There are control gates adjacent to the diversion<br />

structure which allow flows to be bypassed back into<br />

the <strong>Loup</strong> River channel.<br />

River overtops the low weir or wall when there is<br />

<strong>Loup</strong> <strong>Power</strong> <strong>District</strong><br />

Columbus, NE<br />

sufficient flow.<br />

<strong>Power</strong> Canal Canal gradient is approximately 1 foot per mile<br />

The canal can only hold 3,500 cubic feet per second<br />

(cfs) – the system is running at capacity when the<br />

canal bank is full<br />

There are several siphons along the canal that convey<br />

natural drainage from the north side of the canal to<br />

the south side of the canal; they include Beaver Creek<br />

siphon, Looking Glass Creek siphon, Dry/Cherry<br />

Creek siphon, and the Oconee siphon.<br />

Monroe <strong>Power</strong>house Monroe <strong>Power</strong>house is operated in a run-of-river<br />

manner and has no water storage capabilities.<br />

Most of the time, all units are available to run near<br />

capacity but there is often insufficient water to do so.<br />

The system runs at full capacity only a few days per<br />

year.<br />

Lake Storage Lake Babcock and Lake North are used to manage<br />

the flow going into the Columbus <strong>Power</strong>house.<br />

Generally, the water level rises at night and then<br />

lowers during the day when the Columbus facility<br />

runs to cover NPPD’s peak.<br />

Lake North is significantly deeper than Lake<br />

Babcock; can not be totally drained.<br />

Silt at Lake Babcock The <strong>District</strong> has considered dredging the lake but it is<br />

not economically prudent.<br />

<strong>District</strong> flushes sediment out of the lake through the<br />

Columbus <strong>Power</strong>house to keep the original flow<br />

channel open.<br />

Alternative methods to reclaim some of the storage<br />

capacity are currently being evaluated.<br />

Columbus <strong>Power</strong>house Columbus <strong>Power</strong>house is a peaking facility operated<br />

by the <strong>District</strong> but dispatched by NPPD according to<br />

their system requirements.<br />

The units are generally run to cover NPPD peak load<br />

or conditions when NPPD generation facilities go<br />

off-line. NPPD has a double peak in winter and there<br />

is a very late night peak in the summer due to<br />

irrigation.<br />

NPPD’s needs mandate daily generation activity.<br />

Any two of the three units at the Columbus<br />

<strong>Power</strong>house can accommodate the 3,500 cfs canal<br />

design. When all three units are used at capacity, the<br />

5,000 cfs intake canal design flow is utilized.<br />

If the entire plant went off line, lake water levels are<br />

maintained to contain the flow, once diversion is<br />

stopped at the headgates.<br />

Vertical trash rack bars are several inches apart and<br />

P.O. Box 988<br />

2404 15 th Street<br />

Columbus, NE 68602-0988<br />

NPS<br />

Phone (866) 869-2087<br />

Fax (402) 564-0970<br />

www.loup.com<br />

USFWS,<br />

NGPC<br />

NPS<br />

USFWS<br />

NGPC<br />

NGPC, USGS,<br />

NDEQ,<br />

USFWS<br />

Page 3 of 4


LPD Hydropower Relicensing<br />

FERC Project No. 1256<br />

Agency Meeting - May 7, 2008<br />

are not intended as a screen to exclude fish.<br />

Fish Fish are present in the canal; the state record Flathead<br />

catfish was taken from the canal.<br />

There are no fish protection screens at the<br />

<strong>Loup</strong> <strong>Power</strong> <strong>District</strong><br />

Columbus, NE<br />

powerhouses.<br />

Endangered Species Section 7 of the Endangered Species Act will be<br />

considered in the relicensing process.<br />

FERC will initiate informal consultation 60 days<br />

following filing of the NOI/PAD.<br />

Drought Concerns The <strong>Loup</strong> River is classified as one of the most<br />

consistent flowing rivers in the US. During recent<br />

droughts, summer <strong>Loup</strong> River flows were near<br />

normal.<br />

Action Items:<br />

Who<br />

Task<br />

LPD Determine issuance process for 401 Water Quality Certification associated<br />

with the FERC public process.<br />

P.O. Box 988<br />

2404 15 th Street<br />

Columbus, NE 68602-0988<br />

USGS<br />

Phone (866) 869-2087<br />

Fax (402) 564-0970<br />

www.loup.com<br />

USFWS<br />

USGS<br />

Date<br />

Assigned<br />

5/7/08<br />

LPD Distribute agency contact information. 5/7/08<br />

All<br />

Agencies<br />

Provide list of NGOs that may be interested in the Project to the <strong>District</strong>. 5/7/08<br />

Next Meeting:<br />

What: Agency Follow-up Meeting<br />

When: Wednesday, June 25, 2008 : 10:00 a.m. – 2:00 p.m. Lunch will be provided<br />

Where: Wunderlichs, 304 E. Highway 30, Columbus, NE 68601<br />

RSVP: On or before Friday, June 20, 2008 to Emily Buss, emily.buss@hdrinc.com<br />

or 763-278-5904<br />

The purpose of the meeting is to introduce, discuss and compare the hydropower related issues and concerns<br />

identified by the participating agencies. Our objectives for this meeting are to talk through and reach a mutual<br />

understanding of the basis or rationale for each issue or concern.<br />

Page 4 of 4


TO: Emily Buss<br />

RE: Issues concerning the relicensing of the <strong>Loup</strong> Public <strong>Power</strong> <strong>District</strong> with FERC.<br />

FROM: Nebraska Department of Natural Resources<br />

DATE: June 20, 2008<br />

1. Nebraska law provides that waters used for irrigation have preference over waters<br />

used for manufacture of power. This means an irrigator with an appropriation junior to<br />

LPPD’s appropriation may require the senior water right for power – LPPD 22 to<br />

subordinate its water use. The law also provides that just compensation must be paid by<br />

an irrigator to LPPD when subordination is demanded. Just compensation is not an<br />

arbitrary amount, but an amount not greater than the cost of replacing the power which<br />

would be generated by the water so acquired. LPPD has set amounts for irrigators to take<br />

water out of priority. The rate for those irrigators taking water from the canal between<br />

the diversion on the <strong>Loup</strong> River and the power plants at Monroe and Columbus is<br />

different than the rate charged for those irrigators taking water upstream of the diversion.<br />

How does LPPD figure “just compensation”? The <strong>Power</strong> Interference Agreement states<br />

that the amount charge irrigators is not just compensation.<br />

2. Why does LPPD allow farmers to irrigate out of its canal? The Nebraska Department<br />

of Natural Resources knows of no easements in place for those irrigators taking from the<br />

canal. LPPD appears to operate as an irrigation district, rather than a power district.<br />

3. At times LPPD diverts most or all of the <strong>Loup</strong> River, in effect changing the channel of<br />

the river. What if an irrigator requests water be delivered out of the river downstream of<br />

the diversion point and upstream of the discharge into the Platte River, willing to pay<br />

LPPD just compensation?<br />

4. Has LPPD considered its response in the event irrigation development continued in<br />

areas upstream of LPPD’s plants to the point of making the manufacturing of electricity<br />

no longer feasible?<br />

5. Should LPPD be allowed to divert their entire appropriation when making power with<br />

less than the entire appropriation, given that LPPD has no storage permit?


June, XX, 2008<br />

<br />

<br />

<br />

<br />

, <br />

Re: <strong>Loup</strong> <strong>Power</strong> <strong>District</strong> Hydroelectric Relicensing<br />

Dear ,<br />

The existing license for <strong>Loup</strong> <strong>Power</strong> <strong>District</strong>’s hydroelectric project will expire in April 2014. The process<br />

for relicensing begins this year as mandated by the Federal Energy Regulatory Commission.<br />

The first step in that process is to thoroughly assess the environment in which our hydroelectric project<br />

operates. A key consideration of this assessment is the natural <strong>Loup</strong> River channel, sometimes called<br />

the bypass reach. As a land owner along the bypass reach, your input in the project is important.<br />

We are currently collecting environmental data and are working with state and Federal agencies to<br />

identify pertinent issues along the power canal and the bypass reach. If you would like to provide input,<br />

ask a question of the study team, or be more directly involved in the process, we would welcome your<br />

participation. You may indicate your interest in any of the following ways:<br />

E-mail the project team at: relicensing@loup.com<br />

Call the project hotline: 1-866-869-2087<br />

Send a letter by mail or by fax to me:<br />

Neal Suess, President/CEO<br />

<strong>Loup</strong> <strong>Power</strong> <strong>District</strong><br />

2404 15 th Street<br />

P.O. Box 988<br />

Columbus, NE 68602-0988<br />

Fax: 402-564-0970<br />

Attn: Relicensing<br />

We have also established a website with up-to-date information about this project: www.loup.com.<br />

We look forward to working with you throughout the multi-year relicensing process.<br />

<strong>Loup</strong> <strong>Power</strong> <strong>District</strong><br />

Sincerely,<br />

Neal D. Suess, PE<br />

President/CEO


TO: Emily Buss<br />

RE: Issues concerning the relicensing of the <strong>Loup</strong> Public <strong>Power</strong> <strong>District</strong> with FERC.<br />

FROM: Nebraska Department of Natural Resources<br />

DATE: June 20, 2008<br />

1. Nebraska law provides that waters used for irrigation have preference over waters<br />

used for manufacture of power. This means an irrigator with an appropriation junior to<br />

LPPD’s appropriation may require the senior water right for power – LPPD -- to<br />

subordinate its water use. The law also provides that just compensation must be paid by<br />

an irrigator to LPPD when subordination is demanded. Just compensation is not an<br />

arbitrary amount, but an amount not greater than the cost of replacing the power which<br />

would be generated by the water so acquired. LPPD has set amounts for irrigators to take<br />

water out of priority. The rate for those irrigators taking water from the canal between<br />

the diversion on the <strong>Loup</strong> River and the power plants at Monroe and Columbus is<br />

different than the rate charged for those irrigators taking water upstream of the diversion.<br />

How does LPPD figure “just compensation”? The <strong>Power</strong> Interference Agreement states<br />

that the amount charge irrigators is not just compensation.<br />

2. Why does LPPD allow farmers to irrigate out of its canal? The Nebraska Department<br />

of Natural Resources knows of no easements in place for those irrigators taking from the<br />

canal. LPPD appears to operate as an irrigation district, rather than a power district.<br />

3. At times LPPD diverts most or all of the <strong>Loup</strong> River, in effect changing the channel of<br />

the river. What if an irrigator requests water be delivered out of the river downstream of<br />

the diversion point and upstream of the discharge into the Platte River, willing to pay<br />

LPPD just compensation?<br />

4. Has LPPD considered its response in the event irrigation development continued in<br />

areas upstream of LPPD’s plants to the point of making the manufacturing of electricity<br />

no longer feasible?<br />

5. Should LPPD be allowed to divert their entire appropriation when making power with<br />

less than the entire appropriation, given that LPPD has no storage permit?


Selzle, Lydia<br />

From: Angell, Jean [jangell@dnr.ne.gov]<br />

Sent: Monday, June 23, 2008 3:19 PM<br />

To: Buss, Emily D.<br />

Subject: June 25 LPPD meeting<br />

Attachments: concerns.doc<br />

Follow Up Flag: Follow up<br />

Flag Status: Flagged<br />

I will be able to attend the <strong>Loup</strong> Public <strong>Power</strong> <strong>District</strong> FERC relicensing meeting in Columbus on June 25,<br />

2008. Attached please find the Department of Natural Resources issues for consideration. If you have any<br />

questions about the document, please feel free to contact me. Thank you.<br />

Jean Angell<br />

Legal Counsel<br />

Department of Natural Resources<br />

471.3931<br />

1


Selzle, Lydia<br />

From: Robert_Harms@fws.gov<br />

Sent: Tuesday, June 24, 2008 5:23 PM<br />

To: Waldow, George; nsuess@loup.com; Buss, Emily D.; White, Stephanie<br />

Cc: rick.schneider@ngpc.ne.gov; kristal.stoner@ngpc.ne.gov; frank.albrecht@ngpc.ne.gov;<br />

gene.zuerlein@ngpc.ne.gov; joel.jorgensen@ngpc.ne.gov; mike.fritz@ngpc.ne.gov;<br />

mark.porath@ngpc.ne.gov; Martha_Tacha@fws.gov; John_Cochnar@fws.gov;<br />

Greg_Wingfield@fws.gov; jeff_runge@fws.gov; Donald_Anderson@fws.gov;<br />

richard.holland@ngpc.ne.gov; larry.hutchinson@ngpc.ne.gov<br />

Subject: Concerns <strong>Loup</strong> <strong>Power</strong> <strong>District</strong> Relicensing<br />

Attachments: <strong>Loup</strong> PD Concerns.doc<br />

Neal/George/Emily:<br />

The U.S. Fish and Wildlife Service (Service) and Nebraska Game and Parks Commission<br />

(Commission) have prepared a preliminary list of concerns associated with proposed<br />

relicensing of the <strong>Loup</strong> River Hydroelectric Project as requested at the May 7, 2008, meeting.<br />

They are attached. The Service and Commission look forward to discussing these with you<br />

tomorrow.<br />

(See attached file: <strong>Loup</strong> PD Concerns.doc)<br />

Bob Harms<br />

Robert R. Harms<br />

Fish and Wildlife Biologist<br />

U.S. Fish and Wildlife Service<br />

203 West Second Street<br />

Grand Island, Nebraska 68801<br />

Phone: 308-382-6468, Extension 17<br />

Fax: 308-384-8835<br />

robert_harms@fws.gov<br />

1


Preliminary Concerns,<br />

<strong>Loup</strong> <strong>Power</strong> <strong>District</strong> Relicensing<br />

U.S. Fish and Wildlife Service<br />

Nebraska Game and Parks Commission<br />

June 25, 2008<br />

1) Flow depletion on the <strong>Loup</strong> River below the diversion at Genoa. Affected resources<br />

include:<br />

a) diminished peak flows affecting sand bar suitability for nesting and foraging<br />

piping plover and least tern;<br />

b) increased susceptibility of invasive and/or woody plant species becoming<br />

established on sandbar habitats;<br />

c) water diversion for hydropower, irrigation, and any associated evaporation<br />

from the <strong>Loup</strong> River may increase susceptibility of land-based predation due to<br />

shallow water in channels affecting least tern and piping plover;<br />

d) water diversion from the <strong>Loup</strong> River may increase human disturbance which<br />

may affect nest initiation and/or abandonment for the least tern and piping plover;<br />

e) water diversion from the <strong>Loup</strong> River may lower production of invertebrates and<br />

fish affecting food availability for the least tern, piping plover, Tier 1 species, and<br />

other riverine fish and wildlife species;<br />

f) low flows affecting fish movement/migration;<br />

g) water diversion from the <strong>Loup</strong> River will increase probability of fish kills due<br />

to stranding of fish in pools and increased water temperatures;<br />

h) loss and/or degradation of adjacent wetland habitats connected to the river via<br />

groundwater; and<br />

i) narrow channels could result in vegetative encroachment.<br />

2) Flow depletion on the <strong>Loup</strong> River above the diversion at Genoa due to potential sales<br />

of water rights to other upstream water users. Affected resources include:<br />

a) diminished peak flows affecting sand bar suitability for nesting and foraging<br />

piping plover and least tern;<br />

b) increased susceptibility of invasive and/or woody plant species becoming<br />

established on sandbar habitats;


c) water withdrawals for other uses on the <strong>Loup</strong> River may increase susceptibility<br />

of land based predation due to shallow water in channels affecting least tern and<br />

piping plover;<br />

d) water withdrawals from the <strong>Loup</strong> River may increase human disturbance which<br />

may affect nest initiation and/or abandonment for the least tern and piping plover;<br />

e) water withdrawals from the <strong>Loup</strong> River may lower production of invertebrates<br />

and fish affecting food availability for the least tern, piping plover, Tier 1 species,<br />

and other riverine fish and wildlife species;<br />

f) low flows affecting fish movement/migration;<br />

g) water withdrawals from the <strong>Loup</strong> River will increase probability of fish kills<br />

due to stranding of fish in pools and increased water temperatures;<br />

h) loss and/or degradation of adjacent wetland habitats connected to the river via<br />

groundwater; and<br />

i) narrower channels could result in vegetative encroachment.<br />

3) Flow depletion on the Platte River system from: a) evaporative losses within the<br />

power canal system, and b) withdrawal of water from canal for irrigation uses. Affected<br />

resources include:<br />

a) diminished peak flows affecting sand bar suitability for nesting piping plover<br />

and least tern;<br />

b) reduced production of invertebrates and fish potentially affecting food<br />

availability for the least tern, piping plover, pallid sturgeon, Tier 1 species, and<br />

other riverine fish and wildlife resources;<br />

c) reduced flows affecting pallid sturgeon migration/movement;<br />

d) increased susceptibility of invasive and/or woody plant species becoming<br />

established on sandbar habitats;<br />

e) potential impact on spawning cues for pallid sturgeon, catfish, sauger, and<br />

other river fish;<br />

f) loss and/or degradation of adjacent wetland habitats connected to the river via<br />

groundwater;<br />

g) narrower channels could result in vegetative encroachment; and<br />

2


h) thermal stress on fish.<br />

4) Sediment-deprived flow that is discharged from the tailrace into the Platte River may<br />

have the following impacts:<br />

a) reduced sandbar formation/maintenance for least tern, piping plover nesting<br />

and foraging habitats and<br />

b) channel degradation resulting in disconnected side-channels, backwaters, a<br />

deeper, narrower main channel, and floodplain affecting least tern, piping plover<br />

and other riverine fish and wildlife resources.<br />

5) Dredging and discharge activities at the settling basin. Impacts include:<br />

a) overcovering of nests with discharge on nesting least terns and piping plovers;<br />

b) entrapment of fish on spoil pile; and<br />

c) entrainment and mortality of fish during dredging operations.<br />

6) Hydrocycling. Affected resources include:<br />

a) inundation of sandbars and loss of least tern and piping plover nests;<br />

b) inundation of sandbars results in the loss of sandbar habitat that could have<br />

otherwise been used by least terns and piping plovers for nesting and foraging;<br />

c) frequent daily erosion of sandbars affecting least tern and piping plover habitat<br />

needs;<br />

d) impacts to benthic production affecting food resources for riverine fish and<br />

wildlife including listed threatened endangered species; and<br />

e) seasonal hydrocycling impacts to pallid sturgeon and other riverine fish species<br />

affecting fish passage, stranding fish in pools, heat stress, and elevated levels of<br />

predation.<br />

7) Recreation. Recreational benefits of the multiple use project may have degraded over<br />

the project period. Have the proposed benefit components been completed, maintained<br />

and operated, or enhanced during the project period? Affected resources include:<br />

a) aquatic habitat for recreational fish species in storage reservoirs;<br />

b) impediments in canal delivery system for distribution of recreational fish<br />

species;<br />

3


c) access to project property for public fishing and hunting;<br />

d) project operation activities resulting in fish kills within the canal and storage<br />

reservoirs;<br />

e) degradation of the recreational fishery due to project-related activities;<br />

f) a barrier to fish movement at the diversion dam; and<br />

g) Canal maintenance activities may affect fish.<br />

4


First<br />

Name<br />

Last<br />

Name<br />

Randy Thoreson National Park Service<br />

Field Office<br />

Dave Tunink Nebraska Game and<br />

Parks Commission<br />

Organization Address 1 Address 2 City State<br />

111 E. Kellogg<br />

Blvd., Suite 105<br />

<strong>Loup</strong> <strong>Power</strong> <strong>District</strong><br />

Hydroelectric Relicense Project<br />

Recreation/Land Use/Aesthetics Work Group Contact List<br />

Up to date as of 06/26/2008 Page ________ of ________<br />

Zip<br />

Code<br />

St. Paul MN 55101-<br />

1256<br />

Phone Fax E-Mail<br />

1-651-<br />

290-3004<br />

2201 North 13th Norfolk NE 68701 1-402<br />

471-5553<br />

Henry Santin Jr. Nance County 209 Esther St Fullerton NE 68638 1-308-<br />

894-5495<br />

Bob Harms United States Fish and<br />

Wildlife Service<br />

Matt Pillard HDR Engineering, Inc. 8404 Indian Hills<br />

Drive<br />

Federal Building 203 West Second<br />

Street<br />

Grand<br />

Island<br />

NE 68801 1-308-<br />

382-6468<br />

ext. 17<br />

Omaha NE 68114-<br />

4049<br />

Ron Ziola <strong>Loup</strong> <strong>Power</strong> <strong>District</strong> P.O. Box 988 2404 15th Street Columbus NE 68602-<br />

0988<br />

402-399-<br />

1186<br />

402-564-<br />

3171 ext.<br />

254<br />

1-651-<br />

290-<br />

3815<br />

randy_thoreson@nps.gov<br />

Dave.Tunink@ngpc.ne.gov<br />

santin@hamilton.net<br />

robert_harms@fws.gov<br />

matt.pillard@hdrinc.com<br />

rziola@loup.com


Project: <strong>Loup</strong> River Hydroelectric Project<br />

FERC Project No. 1256<br />

Subject: Agency Follow-up Meeting – Identify Issues & Concerns<br />

Meeting Date: June 25, 2008, 10:00 am – 2:00 pm<br />

Notes by: HDR<br />

Attendees: See Attached<br />

Meeting Agenda:<br />

1. Welcome<br />

2. Introductions<br />

3. Process Review<br />

4. Issues Received to Date<br />

5. Issues Discussion<br />

6. Next Steps<br />

Discussion:<br />

<strong>Loup</strong> <strong>Power</strong> <strong>District</strong><br />

Columbus, NE<br />

P.O. Box 988<br />

2404 15 th Street<br />

Columbus, NE 68602-0988<br />

Meeting Notes<br />

Meeting Location: Wunderlichs, Columbus, NE<br />

1. Welcome<br />

This meeting was a follow-up to the agency orientation meeting held on May 7, 2008. The purpose of the<br />

meeting was to introduce, discuss and compare the hydropower related issues and concerns identified by<br />

the participating agencies. The objectives for this meeting were to talk through and reach a mutual<br />

understanding of the basis or rationale for each issue or concern.<br />

2. Introductions<br />

The protocol for the meeting was intended to be an open dialog to get the issues identified.<br />

Items of housekeeping discussions included that each agency was asked to review the point of contact<br />

information for their agency for accuracy.<br />

A first draft of meeting notes from each agency meeting will be provided by HDR within one (1) week.<br />

Comments on meeting notes from the agencies are requested to be sent to HDR within one (1) week so<br />

the final notes can be posted to the relicensing website.<br />

The question was raised as to whether non-governmental organizations (NGOs) should be included in the<br />

agency meetings to discuss issues? The <strong>District</strong> noted that NGOs were invited to the public meetings and<br />

that three attended the meeting (Nebraska Off Highway Vehicle Association, Tern and Plover<br />

<strong>Part</strong>nership, and the Lower Platte River Corridor Alliance). The National Park Service (NPS) noted they<br />

like to see NGO participation at the agency meetings. It was decided to include NGOs at the next agency<br />

meeting.<br />

The question was also raised as to whether tribes were included for the meeting. The <strong>District</strong> noted that<br />

tribal coordination is occurring independently and they are working to identify a time to meet. Tribal<br />

coordination will continue separately because of their sovereign nation status - unless they would prefer<br />

to join the larger group.<br />

Phone (866) 869-2087<br />

Fax (402) 564-0970<br />

www.loup.com<br />

Page 1 of 7


LPD Hydropower Relicensing<br />

FERC Project No. 1256<br />

Agency Meeting – June 25, 2008<br />

Matt Pillard, HDR, will be the new point of contact for agencies (Emily Buss was the previous point of<br />

contact). He will be responsible for coordinating with agencies throughout the relicensing process.<br />

3. Process Review<br />

HDR provided a review of the FERC Integrated Licensing Process (ILP), the opportunities for agency<br />

input, and the current stage process is in. It was noted that the process requires a long-term commitment<br />

from all involved.<br />

The general timing of key milestones was discussed (see attached for general submittal time frames).<br />

HDR noted that if the Project is not relicensed by mid-April of 2014, FERC will issue an annual license<br />

that allows the <strong>District</strong> to operate under the previous license terms and conditions until a new license can<br />

be issued. It was also noted that the relicensing effort does not stop after the new license is issued.<br />

Certain items, such as plan development, mitigation and monitoring, may continue or be required after the<br />

new license is issued. FERC establishes comment timeframes and other milestones based on submittals<br />

and it is important for each agency to monitor these timeframes. When the Pre-Application Document<br />

(PAD) is submitted, a schedule identifying these milestones will be made available.<br />

Agency study requests were discussed. The agencies were encouraged to provide their preliminary list of<br />

study needs for inclusion in the PAD. There will be other opportunities after the PAD submittal to<br />

identify and discuss studies, it was noted that this is the time to think about specific study needs to<br />

address issues of concern. Study requests should ultimately consider the seven (7) basic study criteria<br />

identified by FERC. However they do not need to address every criteria at this time. Eventually all study<br />

requests will need to address the seven criteria in order for FERC to include them in the Study Plan to be<br />

conducted by the <strong>District</strong> (as the applicant).<br />

The National Park Service (NPS) asked if <strong>Loup</strong> <strong>Power</strong> <strong>District</strong> would entertain a settlement agreement or<br />

if was too early to tell. HDR responded that while it is too early to tell at this time, that it is a possibility.<br />

Any agreement on the issues at hand is important and the process to resolve them is also important. It was<br />

noted that FERC will consider how the group has collaborated relative to study requests and settlement<br />

agreements.<br />

4. Issues Received to Date<br />

Based on the request for comments, eight (8) agencies responded. The US Environmental Protection<br />

Agency (Kansas City Regional Office) responded that they had no comments at this time. A summary of<br />

the agency issues identified prior to the meeting is included in the presentation handout. Additionally,<br />

specific comment letters received from US Fish & Wildlife Service/NE Game & Parks, NE Department<br />

of Natural Resources, and US Geological Survey are attached.<br />

5. Issues Discussion<br />

Each agency was asked to provide a discussion of their comments:<br />

• National Park Service – Agency authority for participation in relicensing is provided through the<br />

Wild and Scenic Rivers Act and Section 10A of the Federal <strong>Power</strong> Act. The NPS provided six<br />

issues:<br />

o Recreation – land and water based. Land recreation issues are focused on trails, outdoor<br />

recreation opportunities, fishing, and camping (interest to improve/expand existing). Water based<br />

recreation issues are focused on opportunities for canoeing/boating.<br />

o Land Use – issues relate primarily to access points to recreational facilities and<br />

conflict/opportunity points with adjacent land uses.<br />

o Aesthetics – aesthetics can cover the whole spectrum of analysis. NPS noted that this will be one<br />

area where the level of analysis needs to be discussed as a group prior to submittal of the PAD.<br />

<strong>Loup</strong> <strong>Power</strong> <strong>District</strong><br />

Columbus, NE<br />

P.O. Box 988<br />

2404 15 th Street<br />

Columbus, NE 68602-0988<br />

Phone (866) 869-2087<br />

Fax (402) 564-0970<br />

www.loup.com<br />

Page 2 of 7


LPD Hydropower Relicensing<br />

FERC Project No. 1256<br />

Agency Meeting – June 25, 2008<br />

o Natural Resources – NPS is an agency within the Department of Interior and thus has interest in<br />

natural resource impacts.<br />

o Stakeholders/NGOs – NPS is interested in input from these groups.<br />

o Project Operations – Flows and how project operation affects the above listed interests. NPS<br />

noted this area was not a major interest, but is considered.<br />

o The <strong>District</strong> asked if NPS would be detailing more specific issues. NPS said they would and that<br />

the tour of the facilities will be of help in that regard.<br />

• United States Geologic Survey (USGS) – The USGS has no regulatory authority on the Project.<br />

However, they have a responsibility as a technical resource to the Department of Interior to provide<br />

technical information and to ensure that good science is applied. The questions the USGS have<br />

relative to the Project are related to (specific issues questions are attached):<br />

o Water temperature changes in the <strong>Loup</strong> River bypassed reach and in the Platte River below the<br />

return point<br />

o Sediment budget in the bypassed reach and below the discharge point – how much sediment is<br />

removed and how does that affect the <strong>Loup</strong> River and once returned, how does that affect the<br />

Platte River?<br />

o Effects from hydrocycling – have enough studies been done to know the effects on sand bar<br />

characteristics and longevity, change in sediment moisture and its effect on water content in sand<br />

bars, vegetation composition, and erosion.<br />

o Habitat connectivity<br />

o Effects on in-channel vegetation – does hydrocycling effect soil moisture regime and its<br />

implications on nesting habitat? Does removal of water in the <strong>Loup</strong> River by-pass reach effect<br />

woodland expansion/species composition? How does hydrocycling after a natural high or lowwater<br />

event effect plant establishment?<br />

<strong>Loup</strong> <strong>Power</strong> <strong>District</strong><br />

Columbus, NE<br />

HDR inquired about USGS studies that might be of some assistance in beginning to look at how to<br />

address their questions. USGS identified that they currently monitor turbidity and temperature at the<br />

gauge at Louisville (since 2002). No studies have been performed to date on temperature.<br />

• U.S. Fish and Wildlife Service (USFWS) & Nebraska Game and Parks Commission (NGPC) – The<br />

USFWS has authorities under the Endangered Species Act, the Fish and Wildlife Coordination Act,<br />

the National Environmental Policy Act, the Migratory Bird Treaty Act, and other federal policies and<br />

procedures. The NGPC has authorities under the Non-game and Endangered Species Conservation<br />

Act. The USFWS works closely with the NGPC through the Fish and Wildlife Coordination Act and<br />

prepared a single list of issues (attached)<br />

The USFWS and NGPC provided a list of seven (7) issues, concerns, and related questions relative to<br />

the Project, copies were provided to attendees (list attached). Each item was not discussed in detail<br />

but summarized:<br />

o Flow depletions on the <strong>Loup</strong> River below Genoa – diversion effect on sandbars and tern/plover<br />

habitat; low flow effects on fish migration, water temperature, fish kills<br />

o Flow depletion above the diversion – lack of water upstream and water rights. The question was<br />

asked if <strong>Loup</strong> <strong>Power</strong> <strong>District</strong> can sell credits/water rights to upstream users. It was noted that the<br />

<strong>District</strong> does not have the authority to sell water rights; however, through preference (agriculture<br />

over industry) and under low flow conditions, upstream irrigators receive water before the<br />

<strong>District</strong>. A negotiated interference agreement exists which provides for irrigators to compensate<br />

the <strong>District</strong> for the equivalent power generation lost due to water use for irrigation. The <strong>District</strong><br />

has no control over the appropriations. It was noted that upstream water appropriation issues that<br />

are not within the <strong>District</strong>’s control are not part of the relicensing project.<br />

o Flow depletions on the Platte River – concerns relate to evaporation from the <strong>District</strong>’s <strong>Power</strong><br />

Canal/Regulating Reservoirs and losses due to irrigation along the canal.<br />

P.O. Box 988<br />

2404 15 th Street<br />

Columbus, NE 68602-0988<br />

Phone (866) 869-2087<br />

Fax (402) 564-0970<br />

www.loup.com<br />

Page 3 of 7


LPD Hydropower Relicensing<br />

FERC Project No. 1256<br />

Agency Meeting – June 25, 2008<br />

o Sediment-deprived flows – effect sediment removal has on downstream sandbar creation.<br />

o Dredging operations at the settling basin – effects on tern and plover nests and fish<br />

entrainment/stranding.<br />

o Hydrocycling – effect of daily stage changes on tern/plover nests, loss of nesting and foraging<br />

habitat, erosion of sandbars, fish passage and thermal stress.<br />

o Recreational benefits – impediments to fish passage in the <strong>Power</strong> Canal, access to facilities and<br />

camping. It was noted that Section 10(J) was still part of the relicensing process.<br />

<strong>Loup</strong> <strong>Power</strong> <strong>District</strong><br />

Columbus, NE<br />

The NGPC added that the Project does provide some very good recreation resources and that they<br />

have had a good working relationship with the <strong>District</strong> relative to maintenance timing and flow<br />

releases. They added that some items needed a closer look, such as impediments to fish passage, the<br />

Diversion Weir as a potential barrier to fish passage and that they don’t have a good handle on how<br />

this affects fish.<br />

The comment was made that the positive benefits of the Project should be mentioned, such as<br />

increased water surface area, recreation, lakes, wetlands via seepage in some areas. It was<br />

acknowledged that there are some good benefits and that the issues raised by the USFWS and NGPC<br />

were questions that they have and some of the issues may become non-issues pending studies or<br />

subsequent information.<br />

USFWS noted that they expect this Project to require formal consultation (under Section 7 of the<br />

Endangered Species Act).<br />

HDR noted that some of the comments appear to be written as if considering a new construction<br />

project. However, this is a relicensing of an existing project. The process is not intended to go back<br />

to look at situations prior to the project being constructed. However, it was also noted that the<br />

relicensing action may result in a change in operations and the process will evaluate how would this<br />

could affect resources.<br />

NGPC also noted that the river otter historically occurred in the <strong>Loup</strong> River Basin and the impact to<br />

this species is unknown.<br />

• Nebraska Department of Environmental Quality (NDEQ) – NDEQ’s authority is provided under<br />

administering the Section 401 water quality certification as part of the Clean Water Act. However, the<br />

conditions they have authority on relate only to water quality. They need to determine if there is a<br />

discharge of pollution that affects water quality. There have been a few fish kills reported, but they<br />

were determined to be disease related. Lake Babcock is currently on the impairments list (low<br />

priority) to have a TMDL established. They are obligated to coordinate with NGPC to make sure no<br />

NDEQ action affects state non-game or endangered species. The question was asked relative to<br />

placing dredged material back into the <strong>Loup</strong> River (for added sediment). NDEQ commented that that<br />

would be a Section 404 issue. It was also noted that the other item to consider under this scenario is<br />

the ability of the bypassed reach flow to carry the sediment.<br />

• Nebraska Department of Natural Resources (DNR) – The DNR is involved in the Project through the<br />

appropriation for the diversion (1934*) and a permit for power generation. The DNR commented that<br />

the <strong>District</strong> does not hold a storage permit; however, power companies are allowed to store water for<br />

24 hours to build up head for generation. Water rights are determined through age of appropriations<br />

(first in time) and preference. A higher preference (domestic, irrigation, industry) allows for water<br />

from a junior appropriation to be satisfied before a senior appropriation, but the junior water right<br />

must compensate the senior water right holder for its loss of water. DNR noted an issue for the<br />

<strong>District</strong> to consider is the possibility that, if there are enough requests for water with higher<br />

preference, will enough be left for power generation?<br />

P.O. Box 988<br />

2404 15 th Street<br />

Columbus, NE 68602-0988<br />

Phone (866) 869-2087<br />

Fax (402) 564-0970<br />

www.loup.com<br />

Page 4 of 7


LPD Hydropower Relicensing<br />

FERC Project No. 1256<br />

Agency Meeting – June 25, 2008<br />

<strong>Loup</strong> <strong>Power</strong> <strong>District</strong><br />

Columbus, NE<br />

Another concern of the DNR is that the <strong>District</strong> is charging different amounts for compensation for<br />

loss of water from the canal verses requests for water upstream from the diversion. This shouldn’t be<br />

a problem as long as the amount is less than the just compensation amount.<br />

DNR speculated that the <strong>District</strong> is in a unique situation where it has a canal that is acting as a river.<br />

DNR questioned under what agreements were adjacent property owners accessing the canal. DNR<br />

noted that the <strong>District</strong> could potentially decide not to grant irrigators access to get water out of the<br />

canal. The <strong>District</strong> noted that all <strong>District</strong> properties (with some exceptions for public safety) are<br />

publicly accessible. Another DNR concern is that irrigators who get water from the canal are using<br />

an appropriation from a 1934* permit, even though their water right may be younger than other<br />

permits along the bypass reach.<br />

Another concern of the DNR is - what happens to irrigators if water in the canal is down and they<br />

can’t get water? All irrigators from the canal are adjacent to <strong>District</strong> property, and the ability to use<br />

the canal water for irrigation is provided through an agreement or easement that provides access to<br />

the irrigators. This access is allowed under the existing FERC license (access to water is only<br />

provided if the requestor has a water right from the State). The agreement between the irrigators and<br />

the <strong>District</strong> grants the ability to pump water, but there is no guarantee of water being in the canal. It<br />

was also noted that the DNR issues priority shut-off notices to irrigators in times of water shortage.<br />

There are 78 diversion points and 42 irrigators on the <strong>Loup</strong> <strong>Power</strong> Canal. The <strong>District</strong> noted that<br />

there is a meter on every irrigation pump. These meters are checked at the beginning and end of the<br />

irrigation season. On the <strong>Loup</strong> River, the DNR has done the pump inspections for 55 years. The<br />

<strong>District</strong> will take over this task in 2009. Pumping books are used to check appropriations.<br />

Waters of the State was also discussed. All water in Nebraska is considered to be in the public trust<br />

and a water of the state. The DEQ uses the definition of waters of the State as defined by the<br />

legislature and provides added definition per their regulations. The <strong>Power</strong> Canal has defined stream<br />

segments and is not unique in this regard as being considered a waters of the State. These segments<br />

clearly differentiate the <strong>Power</strong> Canal from the <strong>Loup</strong> River bypassed reach.<br />

*Per DNR water right application A-2287, Priority Date of 1932.<br />

• Lower <strong>Loup</strong> Natural Resources <strong>District</strong> – Their only concern/issue noted was the issue of<br />

appropriations in the <strong>Loup</strong> River Basin.<br />

• Nebraska Public <strong>Power</strong> <strong>District</strong> – Their primary issue is that, under the new FERC license, <strong>Loup</strong><br />

<strong>Power</strong> <strong>District</strong> retains the operational flexibility to the follow fluctuations in power demand<br />

(hydrocycling). They also stressed the importance of basing relicensing decisions on good science.<br />

• Health and Human Services – Their issues/concerns are related to public drinking water supply. There<br />

are a number of supplies in the basin which become an appropriations issue. They have seen an<br />

increase in lake front developments and they need to consider how supply and overall quality and<br />

quantity of drinking water sources are affected.<br />

Issue Categories<br />

The issues were grouped into basic categories:<br />

• Sediment Budget<br />

• Hydrocycling<br />

• Flow Depletions<br />

• Project Maintenance and Operations (timing)<br />

P.O. Box 988<br />

2404 15 th Street<br />

Columbus, NE 68602-0988<br />

Phone (866) 869-2087<br />

Fax (402) 564-0970<br />

www.loup.com<br />

Page 5 of 7


LPD Hydropower Relicensing<br />

FERC Project No. 1256<br />

Agency Meeting – June 25, 2008<br />

• Recreation/Land Use/Aesthetics<br />

• Threatened and Endangered Species Habitat<br />

• Water Rights/Appropriations<br />

The formation of working groups was discussed - it was decided that the majority of the issues are<br />

interrelated and cannot be broken into working groups. Two working groups were identified: 1)<br />

Recreation/Land Use/Aesthetics and 2) Water Rights and Appropriations. Members of working groups<br />

were established (see attached).<br />

The working groups will discuss categorical issues and to help define the questions/issues that are to be<br />

answered. The intent of the working groups was discussed as a way to have smaller groups address the<br />

issues and report back to the larger group.<br />

USFWS noted that it would need to maintain some autonomy due to Section 7 <strong>Consultation</strong>.<br />

6. Next Steps<br />

Data Request<br />

Agencies were requested to provide data that they may have relative to the Project and the issues<br />

identified. The purpose of providing this information is to allow the <strong>District</strong> to determine data gaps and<br />

will relate to the need for studies.<br />

• NDEQ will provide information relative to fish kills.<br />

• USFWS will review its information to determine what can be provided.<br />

• NGPC will look for information available on the lower <strong>Loup</strong> River.<br />

Study Needs and Requests<br />

The <strong>District</strong> requested that agencies begin to formulate study needs that may be necessary to address the<br />

issues and concerns identified by the agencies and forward that information to HDR as soon as possible.<br />

When developing study needs and requests, agencies should keep in mind the seven (7) criteria FERC<br />

uses to asses study viability. At this point it is not necessary for agencies to address every item of the<br />

FERC criteria, the intent of the request is to consider what kind of information can be used to address the<br />

defined issues/concerns. The <strong>District</strong> is interested in collaboration on study requests, to the extent the<br />

agencies wish. Studies should focus on specific project related issues.<br />

Eventually the FERC criteria will be used to determine which studies the <strong>District</strong> (as the applicant) will<br />

perform. There will be additional opportunities to introduce study requests after the PAD is submitted<br />

and during the FERC scoping process. A Study Plan will be developed in 2009 that must be approved by<br />

FERC.<br />

USFWS asked what flexibility the <strong>District</strong> has in changing project operations and addressing the issues<br />

and noted that there will need to be an alternatives analysis under NEPA. HDR noted that the issue of<br />

flexibility is still too early to address, as of now, we have a list off issues/concerns and multiple<br />

assumptions of impacts. HDR noted that, as the studies are conducted, the data is reported and may result<br />

in alteration of some studies and that some studies may include testing of ways to mitigate impacts.<br />

The USFWS noted that the Section 7 <strong>Consultation</strong> process may also require studies to be performed.<br />

The next agency meeting is scheduled for July 24, 2008 from 9:00 a.m. to 1:30 p.m. at the Holiday Inn<br />

Express in Columbus, Nebraska to discuss study needs and requests. Prior to that meeting, HDR and the<br />

<strong>District</strong> may contact agencies for further clarification of issues and to request data.<br />

<strong>Loup</strong> <strong>Power</strong> <strong>District</strong><br />

Columbus, NE<br />

P.O. Box 988<br />

2404 15 th Street<br />

Columbus, NE 68602-0988<br />

Phone (866) 869-2087<br />

Fax (402) 564-0970<br />

www.loup.com<br />

Page 6 of 7


LPD Hydropower Relicensing<br />

FERC Project No. 1256<br />

Agency Meeting – June 25, 2008<br />

Action Items:<br />

Who<br />

<strong>Loup</strong> <strong>Power</strong> <strong>District</strong><br />

Columbus, NE<br />

Task<br />

P.O. Box 988<br />

2404 15 th Street<br />

Columbus, NE 68602-0988<br />

Phone (866) 869-2087<br />

Fax (402) 564-0970<br />

www.loup.com<br />

Date<br />

Assigned<br />

All Agencies Identify preliminary study needs and requests. 6/25/08<br />

Recreation/Land<br />

Use/Aesthetics<br />

Working Group<br />

Water Rights/<br />

Appropriations<br />

Working Group<br />

Coordinate and determine date/time for conference call meeting 6/25/08<br />

Coordinate and determine date/time for conference call meeting 6/25/08<br />

NPS Further definition of issues. 6/25/08<br />

USFWS Review available information to provide to the <strong>District</strong> relative to<br />

threatened and endangered species.<br />

6/25/08<br />

NGPC Information available on the Lower <strong>Loup</strong> River 6/25/08<br />

NDEQ Provide the <strong>District</strong> with information on fish kill reports. 6/25/08<br />

Next Meeting:<br />

What: Potential Studies Discussion<br />

When: Thursday, July 24, 2008: 9:00 a.m. – 1:30 p.m. Lunch will be provided<br />

Where: Holiday Inn Express, 524 E 23rd St, Columbus, NE 68601 (402) 564-2566<br />

RSVP: On or before Friday, July 18, 2008 to Matt Pillard, matt.pillard@hdrinc.com<br />

or 402-399-1186<br />

The purpose of the meeting is to discuss the potential studies to be performed to address Project<br />

related issues.<br />

Page 7 of 7


Selzle, Lydia<br />

From: White, Stephanie<br />

Sent: Friday, June 27, 2008 10:47 AM<br />

To: randy_thoreson@nps.gov<br />

Cc: Pillard, Matt<br />

Subject: Recreation/Land Use/Aesthetics Workgroup<br />

Attachments: 080626_Recreation_Land_Use_Aesthetics_WG_Contact_List_edb.doc<br />

Good morning Randy /<br />

Attached please find the contact list for your workgroup. Over time you may end up adding or subtracting to this group /<br />

please keep Matt Pillard in the loop so we can appropriately reflect the group and its activities in our pre/application<br />

document and subsequent reports.<br />

It was nice to see you this week / thanks for making the trip to Columbus. You're a very important resource for the group.<br />

Have a nice weekend /<br />

Stephanie<br />

1


Selzle, Lydia<br />

From: White, Stephanie<br />

Sent: Friday, June 27, 2008 10:51 AM<br />

To: jangell@dnr.ne.gov<br />

Cc: Pillard, Matt<br />

Subject: Water Rights Workgroup<br />

Attachments: 080626_Water_Rights_WG_Contact_List_edb.doc<br />

Good morning Jean .<br />

Attached please find the contact list for your Water Rights Workgroup. You may find that the group will grow or<br />

shrink over time . please keep Matt Pillard in the loop so that we can appropriately reflect the groups membership and<br />

activities in our pre.application document as well as subsequent reports.<br />

Thanks for contributing your time to this . as our discussion indicated on Wednesday, this is a very important topic.<br />

Have a great weekend .<br />

Stephanie White<br />

1


First<br />

Name<br />

Last<br />

Name<br />

Jean Angell Nebraska Department of<br />

Natural Resources<br />

Bob Harms United States Fish and<br />

Wildlife Service<br />

Organization Address 1 Address 2 City State<br />

State Office<br />

Building, 4th Floor<br />

300 Centennial<br />

Mall South; P.O.<br />

Box 4676<br />

Federal Building 203 West Second<br />

Street<br />

<strong>Loup</strong> <strong>Power</strong> <strong>District</strong><br />

Hydroelectric Relicense Project<br />

Water Rights Work Group Contact List<br />

Up to date as of 06/26/2008 Page ________ of ________<br />

Zip<br />

Code<br />

Lincoln NE 68509-<br />

4676<br />

Grand<br />

Island<br />

Phone Fax E-Mail<br />

1-404-<br />

471-3931<br />

NE 68801 1-308-<br />

382-6468<br />

Phil Soenksen U.S. Geologic Survey 5231 South 19th Lincoln NE 68512-<br />

1271<br />

Robert Mohler Lower <strong>Loup</strong> NRD 2620 Airport Drive,<br />

P.O. Box 210<br />

David Jundt Nebraska Department of<br />

Health and Human<br />

Services; Division of<br />

Public Health; Northeast<br />

Regional Office<br />

304 North 5th St.<br />

Suite C<br />

Pat Engelbert HDR Engineering, Inc. 8404 Indian Hills<br />

Drive<br />

John Engel HDR Engineering, Inc. 8404 Indian Hills<br />

Drive<br />

Ord NE 68862-<br />

0210<br />

Norfolk NE 68701-<br />

4093<br />

Omaha NE 68114-<br />

4049<br />

Omaha NE 68114-<br />

4049<br />

Jim Frear <strong>Loup</strong> <strong>Power</strong> <strong>District</strong> P.O. Box 988 2404 15th Street Columbus NE 68602-<br />

0988<br />

John Shadle Nebraska Public <strong>Power</strong><br />

<strong>District</strong><br />

P.O. Box 519<br />

Norfolk NE<br />

68702-<br />

0519<br />

ext. 17<br />

1-402 328-<br />

4150<br />

1-308-<br />

728-3221<br />

1-402-<br />

370-3404<br />

1-402-<br />

399-4917<br />

1-402-<br />

926-7110<br />

1-402-<br />

564-3171<br />

ext. 255<br />

1-402-<br />

563-5489<br />

1-402-471-<br />

2900<br />

1-308 728-<br />

5669<br />

1-402-370-<br />

3493<br />

jangell@dnr.ne.gov<br />

robert_harms@fws.gov<br />

pjsoenks@usgs.gov<br />

mohler@nctc.net<br />

david.jundt@dhhs.ne.gov<br />

pat.engelbert@hdrinc.com<br />

john.engel@hdrinc.com<br />

jfrear@loup.com<br />

jjshadl@nppd.com


From: White, Stephanie<br />

To: Snow, Shannon; King, Wendy<br />

Cc: Buss, Emily D.<br />

Subject: FW: Mailing List<br />

Date: Monday, June 30, 2008 11:35:40 AM<br />

Please make sure this gets into the Database.<br />

From: Neal Suess [mailto:nsuess@loup.com]<br />

Sent: Monday, June 30, 2008 11:16 AM<br />

To: Buss, Emily D.; White, Stephanie; Richardson, Lisa (Omaha)<br />

Cc: arobak@loup.com<br />

Subject: Mailing List<br />

Emily, Stephanie and Lisa:<br />

Had a gentleman come into my office this morning regarding relicensing. He owns some<br />

property along the <strong>Loup</strong> River on the bypass reach. He received our letter and wants to be kept<br />

informed on relicensing. Contact information is:<br />

Anthony (Tony) Stec<br />

His concern is regarding changes in the river channel due to river flows caused by the diversion<br />

into the canal. This adds an additional concern about changes in land ownership with the<br />

changing river channel.<br />

Let me know if you need more information.<br />

Neal Suess, P.E.<br />

<strong>Loup</strong> <strong>Power</strong> <strong>District</strong><br />

P.O. Box 988 (2404 15th Street)<br />

Columbus, NE 68602-0988<br />

Phone: 402-564-3171<br />

Fax: 402-564-0970<br />

Cell: 402-910-8979<br />

E-Mail: nsuess@loup.com


Selzle, Lydia<br />

From: Pillard, Matt<br />

Sent: Wednesday, July 02, 2008 4:07 PM<br />

To: 'Robert_Harms@fws.gov'<br />

Cc: Richardson, Lisa (Omaha); Ron Ziola (rziola@loup.com)<br />

Subject: <strong>Loup</strong> <strong>Power</strong> Relicensing / FERC and ESA process discussion<br />

Attachments: esa_guide.pdf<br />

Bob,<br />

July 22nd will work for <strong>Loup</strong>. So we'll plan on meeting at 10:00 a.m. at <strong>Loup</strong>'s office.<br />

Also, please see the attached Hydropower Licensing and Endangered Species Guide.<br />

Please contact me with any questions.<br />

Thanks.<br />

Matt Pillard, AICP<br />

Environmental Planner<br />

HDR | ONE COMPANY | Many Solutions Sol<br />

8404 Indian Hills Drive | Omaha, NE | 68114/4098<br />

Phone: 402.399.1186 | Cell: 402.689.5187| Fax: 402.399.1111<br />

Email: Matt.Pillard@hdrinc.com<br />

1


Selzle, Lydia<br />

From: Pillard, Matt<br />

Sent: Wednesday, July 02, 2008 9:09 AM<br />

To: 'randy_thoreson@nps.gov'<br />

Subject: <strong>Loup</strong> <strong>Power</strong> <strong>District</strong> Hydro Project ' Work Group Coordination<br />

Dear Randy,<br />

I wanted to thank you for agreeing to chair a Work Group for the <strong>Loup</strong> <strong>Power</strong> <strong>District</strong> Hydro Project. On behalf of <strong>Loup</strong>, I<br />

wanted let you to know that HDR is available to provide administrative assistance for this effort. This includes providing a<br />

conference call service and meeting notes.<br />

The conference call number that you can utilize is:<br />

Toll free dial in number (US and Canada): (866) 994 6437<br />

Conference code: 4023994909<br />

I believe Stephanie sent you a member list for your work group.<br />

Please let me know if we can be of any other administrative assistance.<br />

Thank you.<br />

Matt Pillard, AICP<br />

Environmental Planner<br />

HDR | ONE COMPANY | Many Solutions Sol<br />

8404 Indian Hills Drive | Omaha, NE | 68114'4098<br />

Phone: 402.399.1186 | Cell: 402.689.5187| Fax: 402.399.1111<br />

Email: Matt.Pillard@hdrinc.com<br />

1


Selzle, Lydia<br />

From: Pillard, Matt<br />

Sent: Wednesday, July 02, 2008 4:00 PM<br />

To: 'Anna Baum'; 'Barb Friskopp'; 'Bobbie Kriz#Wickham'; 'Butch Koehlmoos'; 'David Jundt'; 'Frank<br />

Albreicht'; 'Henry Santin'; 'Jason Alexander'; 'Jean Angell'; 'Joe Cothern'; 'John Bender'; 'Justin<br />

Lavene'; 'Lacie Andreason'; 'Mark Czaplewski'; 'Randy Thoreson'; 'Richard Hadenfeldt';<br />

'Robert Harms'; 'Robert Puschendorf'<br />

Subject: <strong>Loup</strong> <strong>Power</strong> <strong>District</strong> Hydro Project # June 25 Agency Meeting Notes<br />

Attachments: nAgency.080625.Issues.doc; nAgency.080625_Attachments.pdf;<br />

Mystic.StudyRequest14.Recreation_Counts.pdf; Mystic.StudyRequest7<br />

_Temperature_Monitoring.pdf<br />

Good afternoon!<br />

As the point of contact for your respective agency for the <strong>Loup</strong> <strong>Power</strong> <strong>District</strong> Hydro Project, please find attached a draft<br />

copy of the meeting notes and associated attachments. Please distribute as needed to your fellow agency<br />

representatives.<br />

If you have questions or comments on the meeting notes and/or attachments to the notes, please consolidate your<br />

agency's comments and send them to my attention on or before 12:00 p.m. on Friday July 11, 2008. You can make your<br />

comments in track changes directly to the Microsoft Word document if you choose. A final version of the meeting notes<br />

will be placed on the Project web site (http://www.loup.com/relicense/) by Monday July 14, 2008.<br />

Also, for your information, I have attached two examples of final study requests from other relicensing projects.<br />

Thank you.<br />

Matt Pillard, AICP<br />

Environmental Planner<br />

HDR | ONE COMPANY | Many Solutions Sol<br />

8404 Indian Hills Drive | Omaha, NE | 68114#4098<br />

Phone: 402.399.1186 | Cell: 402.689.5187| Fax: 402.399.1111<br />

Email: Matt.Pillard@hdrinc.com<br />

1


Agency Meeting Attendees<br />

June 25, 2008<br />

10:00 AM to 2:00 PM<br />

Last Name First Name Agency / Organization<br />

Albrecht Frank Nebraska Game and Parks<br />

Alexander Jason United States Geological Survey<br />

Angell Jean Nebraska Department of Natural Resources<br />

Barels Brian Nebraska Public <strong>Power</strong> <strong>District</strong><br />

Bender John Nebraska Department of Environmental Quality<br />

Cochnar John United States Fish and Wildlife Service<br />

Engelbert Pat HDR<br />

Hydroelectric Relicensing<br />

FERC Project 1256<br />

Project #37104<br />

Jim Frear <strong>Loup</strong> <strong>Power</strong> <strong>District</strong><br />

Lower <strong>Loup</strong> Natural Resources <strong>District</strong>; Nebraska<br />

Hadenfeldt Richard Natural Resources Commission<br />

Harms Bob United States Fish and Wildlife Service<br />

Nebraska Department of Health and Human<br />

Jundt David<br />

Services; Division of Public Health<br />

Mangiamelli Joe City of Columbus<br />

Mohler Robert Lower <strong>Loup</strong> Natural Resources <strong>District</strong><br />

Pillard Matt HDR<br />

Runge Jeff United States Fish and Wildlife Service<br />

Santin Henry Nance County Supervisors<br />

Page __1__ of __2__


Last Name First Name Agency / Organization<br />

Shadle John Nebraska Public <strong>Power</strong> <strong>District</strong><br />

Sigler Bill HDR<br />

Soenksen Phil United States Geological Survey<br />

Stoner Kristal Nebraska Game and Parks<br />

Sunneberg Jon Nebraska Public <strong>Power</strong> <strong>District</strong><br />

Tacha Martha United States Fish and Wildlife Service<br />

Thoreson Randy National Park Service<br />

Tunink Dave Nebraska Game and Parks<br />

Waldow George HDR<br />

Weekley Mark National Park Service<br />

White Stephanie HDR<br />

United States Geological Survey; Nebraska Water<br />

Zelt Ronald Science Center<br />

Ziola Ron <strong>Loup</strong> <strong>Power</strong> <strong>District</strong><br />

Zuerlein Gene Nebraska Game and Parks<br />

Page _2___ of __2__


Selzle, Lydia<br />

From: Pillard, Matt<br />

Sent: Friday, July 11, 2008 3:24 PM<br />

To: Robert Harms (Robert_Harms@fws.gov)<br />

Subject: FW: <strong>Loup</strong> <strong>Power</strong> Relicensing + FERC and ESA process discussion<br />

Attachments: esa_guide.pdf<br />

Bob,<br />

Message from July 2.<br />

Thanks.<br />

Matt<br />

From: Pillard, Matt<br />

Sent: Wednesday, July 02, 2008 4:07 PM<br />

To: 'Robert_Harms@fws.gov'<br />

Cc: Richardson, Lisa (Omaha); Ron Ziola (rziola@loup.com)<br />

Subject: <strong>Loup</strong> <strong>Power</strong> Relicensing 0 FERC and ESA process discussion<br />

Bob,<br />

July 22nd will work for <strong>Loup</strong>. So we'll plan on meeting at 10:00 a.m. at <strong>Loup</strong>'s office.<br />

Also, please see the attached Hydropower Licensing and Endangered Species Guide.<br />

Please contact me with any questions.<br />

Thanks.<br />

Matt Pillard, AICP<br />

Environmental Planner<br />

HDR | ONE COMPANY | Many Solutions Sol<br />

8404 Indian Hills Drive | Omaha, NE | 68114+4098<br />

Phone: 402.399.1186 | Cell: 402.689.5187| Fax: 402.399.1111<br />

Email: Matt.Pillard@hdrinc.com<br />

1


King, Wendy<br />

From: Angell Robak [arobak@loup.com]<br />

Sent: Friday, July 11, 2008 3:44 PM<br />

To: Richardson, Lisa (Omaha)<br />

Cc: King, Wendy<br />

Subject: FW: Hill Farm Bypass reach<br />

Lisa,<br />

I am forwarding you this e-mail we received today, just in case Wendy didn't receive it.<br />

Angell<br />

From: Jim Gates<br />

Sent: Friday, July 11, 2008 12:15 PM<br />

To: RelicenseGroup<br />

Cc: jegates@clearwire.net<br />

Subject: Hill Farm Bypass reach<br />

Dear Mr. Suess,<br />

8/14/2008<br />

Page 1 of 1<br />

I would like some more information prior to seeing the re-licensing being conducted.<br />

As a landowner on part of the bypass reach. I have noted for several years how the water flow near my property has been eroding<br />

and taking more of the land into the by pass. Where as the landowner on the other side of the bypass is increasing in land size.<br />

What is to be done to reverse this process and gain back our property?<br />

Also what measures are to be used to stop or reduce flooding and ice flows from eroding future lands?<br />

Regards<br />

James Gates


J<br />

~<br />

~ °flAol;j<br />

o;;JU~Q(?U, ~+ (~ .<br />

-....


July 14, 2008<br />

Richard Roos-Collins<br />

Senior Attorney<br />

Natural Heritage Institute<br />

100 Pine St., Suite 1550<br />

San Francisco, CA 94111<br />

Re: <strong>Loup</strong> <strong>Power</strong> <strong>District</strong> Hydroelectric Relicensing<br />

Invitation to <strong>Part</strong>icipate in Project Scoping<br />

Dear Mr. Roos-Collins,<br />

In May of 2008, your organization was invited to attend public meetings regarding <strong>Loup</strong> <strong>Power</strong> <strong>District</strong>’s (<strong>District</strong>)<br />

relicensing process for its hydroelectric project near Columbus, Nebraska. We appreciated the input we received at<br />

the public meetings held on June 10 and 11. At this time, we wish to invite Non-Government Organizations<br />

(NGOs) to participate in the agency discussions regarding the scope of relicensing for the Project.<br />

There are several opportunities for NGOs to become involved.<br />

• The <strong>District</strong> is working with numerous resource agencies to identify issues related to relicensing and we<br />

invite you to participate in this group, providing comments and attending agency information meetings.<br />

• The <strong>District</strong> has also organized two working groups to discuss specific project issues: Recreation, Land<br />

Use & Aesthetics and Water Rights & Appropriations.<br />

If your NGO would like to participate in the project scoping process by participating in the larger agency group or<br />

by participating in a working group, please contact either myself by email at nsuess@loup.com or Matt Pillard with<br />

HDR by email at Matt.Pillard@hdrinc.com or by phone at 402-399-1186. Please provide the name and contact<br />

information of the participant from your organization.<br />

The next meeting of the larger agency group has been set for July 24 th , 2008 to discuss potential studies. Your<br />

agency is welcome to participate in this discussion. Details of the meeting are below.<br />

What: Agency Meeting – Potential Studies Discussion<br />

When: Thursday, July 24 th: 9:00 a.m. –1:30 p.m. (lunch will be provided)<br />

Where: Holiday Inn Express, 524 E. 23 rd St., Columbus, Nebraska, 68601<br />

Conference call participation is also available<br />

RSVP: Matt Pillard, HDR, 402-399-1186, Matt.Pillard@hdrinc.com<br />

We look forward to your participation and working with your organization throughout the relicensing process.<br />

Sincerely,<br />

Neal D. Suess, P.E.<br />

President/CEO


Agency Meeting Attendees<br />

June 25, 2008<br />

10:00 AM to 2:00 PM<br />

Last Name First Name Agency / Organization<br />

Albrecht Frank Nebraska Game and Parks<br />

Alexander Jason United States Geological Survey<br />

Angell Jean Nebraska Department of Natural Resources<br />

Barels Brian Nebraska Public <strong>Power</strong> <strong>District</strong><br />

Bender John Nebraska Department of Environmental Quality<br />

Cochnar John United States Fish and Wildlife Service<br />

Engelbert Pat HDR<br />

Hydroelectric Relicensing<br />

FERC Project 1256<br />

Project #37104<br />

Jim Frear <strong>Loup</strong> <strong>Power</strong> <strong>District</strong><br />

Lower <strong>Loup</strong> Natural Resources <strong>District</strong>; Nebraska<br />

Hadenfeldt Richard Natural Resources Commission<br />

Harms Bob United States Fish and Wildlife Service<br />

Nebraska Department of Health and Human<br />

Jundt David<br />

Services; Division of Public Health<br />

Mangiamelli Joe City of Columbus<br />

Mohler Robert Lower <strong>Loup</strong> Natural Resources <strong>District</strong><br />

Pillard Matt HDR<br />

Runge Jeff United States Fish and Wildlife Service<br />

Santin Henry Nance County Supervisors<br />

Page __1__ of __2__


Last Name First Name Agency / Organization<br />

Shadle John Nebraska Public <strong>Power</strong> <strong>District</strong><br />

Sigler Bill HDR<br />

Soenksen Phil United States Geological Survey<br />

Stoner Kristal Nebraska Game and Parks<br />

Sunneberg Jon Nebraska Public <strong>Power</strong> <strong>District</strong><br />

Tacha Martha United States Fish and Wildlife Service<br />

Thoreson Randy National Park Service<br />

Tunink Dave Nebraska Game and Parks<br />

Waldow George HDR<br />

Weekley Mark National Park Service<br />

White Stephanie HDR<br />

United States Geological Survey; Nebraska Water<br />

Zelt Ronald Science Center<br />

Ziola Ron <strong>Loup</strong> <strong>Power</strong> <strong>District</strong><br />

Zuerlein Gene Nebraska Game and Parks<br />

Page _2___ of __2__


Selzle, Lydia<br />

From: Pillard, Matt<br />

Sent: Monday, July 14, 2008 4:18 PM<br />

To: 'Anna Baum'; 'Barb Friskopp'; 'Bobbie Kriz#Wickham'; 'Butch Koehlmoos'; 'David Jundt'; 'Frank<br />

Albreicht'; 'Henry Santin'; 'Jason Alexander'; 'Jean Angell'; 'Joe Cothern'; 'John Bender'; 'Justin<br />

Lavene'; 'Lacie Andreason'; 'Mark Czaplewski'; 'Randy Thoreson'; 'Richard Hadenfeldt';<br />

'Robert Harms'; 'Robert Puschendorf'<br />

Subject: <strong>Loup</strong> <strong>Power</strong> <strong>District</strong> Hydro Project # Meeting Notes and Reminder<br />

Good afternoon.<br />

Please find on the Project website (http://www.loup.com/relicense/html/documents.html) the meeting notes from the<br />

June 9 Agency Follow#up Meeting (Identify Issues and Concerns).<br />

As a reminder, our next agency meeting is scheduled for July 25, from 9:00 a.m. to 1:30 p.m at the Holiday Inn Express<br />

(524 E 23rd St) in Columbus. Please RSVP to me so we can get an accurate count for lunch.<br />

The purpose of this meeting is to discuss potential studies to be performed to address Project related issues. If your<br />

agency has developed preliminary study requests or has questions or information pertaining to study requests, please<br />

send them to my attention at any time.<br />

As always, please contact me if you have any questions.<br />

Thank you.<br />

Matt Pillard, AICP<br />

Environmental Planner<br />

HDR | ONE COMPANY | Many Solutions Sol<br />

8404 Indian Hills Drive | Omaha, NE | 68114#4098<br />

Phone: 402.399.1186 | Cell: 402.689.5187| Fax: 402.399.1111<br />

Email: Matt.Pillard@hdrinc.com<br />

1


Selzle, Lydia<br />

From: Pillard, Matt<br />

Sent: Monday, July 14, 2008 4:33 PM<br />

To: 'Anna Baum'; 'Barb Friskopp'; 'Bobbie Kriz$Wickham'; 'Butch Koehlmoos'; 'David Jundt'; 'Frank<br />

Albreicht'; 'Henry Santin'; 'Jason Alexander'; 'Jean Angell'; 'Joe Cothern'; 'John Bender'; 'Justin<br />

Lavene'; 'Lacie Andreason'; 'Mark Czaplewski'; 'Randy Thoreson'; 'Richard Hadenfeldt';<br />

'Robert Harms'; 'Robert Puschendorf'<br />

Subject: <strong>Loup</strong> <strong>Power</strong> <strong>District</strong> Hydro Project $ Meeting day correction<br />

My apologies for anther email here. Please make note:<br />

Please find on the Project website (http://www.loup.com/relicense/html/documents.html) the meeting notes from the<br />

June 25 Agency Follow$up Meeting (Identify Issues and Concerns).<br />

As a reminder, our next agency meeting is scheduled for July 24, from 9:00 a.m. to 1:30 p.m at the Holiday Inn Express<br />

(524 E 23rd St) in Columbus. Please RSVP to me so we can get an accurate count for lunch.<br />

Sorry for the inconvenience.<br />

Thanks.<br />

Matt Pillard, AICP<br />

Environmental Planner<br />

HDR | ONE COMPANY | Many Solutions Sol<br />

8404 Indian Hills Drive | Omaha, NE | 68114$4098<br />

Phone: 402.399.1186 | Cell: 402.689.5187| Fax: 402.399.1111<br />

Email: Matt.Pillard@hdrinc.com<br />

1


Selzle, Lydia<br />

From: Pillard, Matt<br />

Sent: Tuesday, July 15, 2008 6:35 AM<br />

To: 'Frank.Albrecht@ngpc.ne.gov'<br />

Subject: FW: <strong>Loup</strong> <strong>Power</strong> <strong>District</strong> Hydro Project - Meeting Notes and Reminder<br />

Attachments: nAgency.080625.Issues.doc; nAgency.080625_Attachments.pdf;<br />

Mystic.StudyRequest14.Recreation_Counts.pdf; Mystic.StudyRequest7<br />

_Temperature_Monitoring.pdf<br />

Frank,<br />

It looks like I had your mailing address typed incorrectly in my list-serve. Please see below. Let me know if you have any<br />

comments on the notes as it is possible you didn't get the email with them attached that was sent on July 2. The notes<br />

and associated attachments are attached. Sorry for the confusion. If you have anything that needs correcting, I'll get them<br />

corrected.<br />

Also, the agenda for the July 24th meeting is also on the web site. Thanks.<br />

Matt<br />

From: Pillard, Matt<br />

Sent: Monday, July 14, 2008 4:18 PM<br />

To: 'Anna Baum'; 'Barb Friskopp'; 'Bobbie Kriz#Wickham'; 'Butch Koehlmoos'; 'David Jundt'; 'Frank Albreicht'; 'Henry<br />

Santin'; 'Jason Alexander'; 'Jean Angell'; 'Joe Cothern'; 'John Bender'; 'Justin Lavene'; 'Lacie Andreason'; 'Mark<br />

Czaplewski'; 'Randy Thoreson'; 'Richard Hadenfeldt'; 'Robert Harms'; 'Robert Puschendorf'<br />

Subject: <strong>Loup</strong> <strong>Power</strong> <strong>District</strong> Hydro Project # Meeting Notes and Reminder<br />

Good afternoon.<br />

Please find on the Project website (http://www.loup.com/relicense/html/documents.html) the meeting notes from the<br />

June 25 Agency Follow-up Meeting (Identify Issues and Concerns).<br />

As a reminder, our next agency meeting is scheduled for July 24, from 9:00 a.m. to 1:30 p.m at the Holiday Inn Express<br />

(524 E 23rd St) in Columbus. Please RSVP to me so we can get an accurate count for lunch.<br />

The purpose of this meeting is to discuss potential studies to be performed to address Project related issues. If your<br />

agency has developed preliminary study requests or has questions or information pertaining to study requests, please<br />

send them to my attention at any time.<br />

As always, please contact me if you have any questions.<br />

Thank you.<br />

Matt Pillard, AICP<br />

Environmental Planner<br />

HDR | ONE COMPANY | Many Solutions Sol<br />

8404 Indian Hills Drive | Omaha, NE | 68114-4098<br />

Phone: 402.399.1186 | Cell: 402.689.5187| Fax: 402.399.1111<br />

Email: Matt.Pillard@hdrinc.com<br />

1


Selzle, Lydia<br />

From: Randy_Thoreson@nps.gov<br />

Sent: Wednesday, July 16, 2008 2:09 PM<br />

To: Dave.Tunink@ngpc.ne.gov; santin@hamilton.net; robert_harms@fws.gov; Pillard, Matt;<br />

rziola@loup.com<br />

Cc: Mark_Weekley@nps.gov<br />

Subject: Loop <strong>Power</strong> Dist. recreation/land use/aesthetics work group conf. call<br />

Attachments: Mystic.StudyRequest14.Recreation_Counts.pdf<br />

National Park Service<br />

Rivers,Trails, and Conservation Assistance Program / Hydro Program<br />

MN Office / Randy T. phone (651) 290-3004<br />

Hi all,<br />

As a follow-up to my calls to you folks, please note that we will have a conference call<br />

Thursday July 17, 2008 @ 2:00pm - 3:00pm<br />

The call in information is:<br />

Toll free dial-in number (866) 994-6437<br />

Conference Code 4023994909<br />

Items to discuss:<br />

Group organization<br />

Brainstorm list of recreation/land use/aesthetics issues of importance<br />

for the Loop <strong>Power</strong> <strong>District</strong> project<br />

Initial identification and format of Study Requests<br />

Input for the July 24, 2008 meeting<br />

Next steps<br />

Background<br />

excerpt from June 25, 2008 meeting minutes:<br />

Study Need and Requests<br />

"The <strong>District</strong> requested that agencies begin to formulate study needs that may be necessary to<br />

address the issues and concerns identified by the agencies and forward that information to<br />

HDR as soon as possible. When developing study needs and requests , agencies should keep in<br />

mind the<br />

*seven(7) criteria FERC uses to asses study viability . At this point it in not necessary<br />

for agencies to address every item of the FERC criteria, the intent of the request is to<br />

consider what kind of information can be used to address the defined issues/concerns. The<br />

<strong>District</strong> is interested in collaboration on study requests, to the extent the agencies wish.<br />

Studies should focus on specific project related issues".<br />

* Randy T. note: here are the seven criteria FERC uses to assess study<br />

viability:<br />

1. Describe the goals and objectives of the study.<br />

2. Explain relevant resource management goals.<br />

3. Explain any relevant public interest considerations.<br />

4. Describe existing information concerning the subject of the study proposal.<br />

5. Explain the nexus between project operations and effects on the resources to be studied.<br />

6. Explain how any proposed study methodology is consistent with generally accepted practice.<br />

7. Describe considerations of level of effort and cost.<br />

1


Project: <strong>Loup</strong> River Hydroelectric Project<br />

FERC Project No. 1256<br />

Subject: Recreation / Land Use / Aesthetics Work Group<br />

Meeting Date: July 17, 2008, 2:00 pm – 3:00 pm<br />

Notes by: HDR<br />

<strong>Loup</strong> <strong>Power</strong> <strong>District</strong><br />

Columbus, NE<br />

Meeting Location: Conference Call<br />

Attendees:<br />

Mr. Randy Thoreson – National Park Service<br />

Mr. Dave Tunink – Nebraska Game and Parks Commission<br />

Mr. Jeff Schuckman – Nebraska Game and Parks Commission<br />

Mr. Ron Ziola – <strong>Loup</strong> <strong>Power</strong> <strong>District</strong><br />

Mr. Neal Suess – <strong>Loup</strong> <strong>Power</strong> <strong>District</strong><br />

Mr. Matt Pillard – HDR<br />

Mr. Quinn Damgaard – HDR<br />

[Mr. Bob Harms (USFWS) and Mr. Henry Santin (Nance Co.) were unable to attend]<br />

Topics Discussed:<br />

1. Group organization<br />

2. Project issues related to recreation, land use, and aesthetics<br />

3. Initial identification and format of study requests<br />

4. Next steps<br />

Action/Notes:<br />

P.O. Box 988<br />

2404 15 th Street<br />

Columbus, NE 68602-0988<br />

Meeting Notes<br />

Group Organization<br />

• Work group currently contains a broad cross section of entities including National Park Service<br />

(NPS), Nebraska Game and Parks Commission (NGPC), U.S. Fish and Wildlife Service (USFWS),<br />

<strong>Loup</strong> <strong>Power</strong> <strong>District</strong> (LPD), and HDR Engineering, Inc. (HDR)<br />

• Letters have been mailed to Non-Governmental Organizations (NGOs) including the Nebraska Off-<br />

Highway Vehicle Association (NOHVA), Columbus Area Recreational Trails (CART), and the Tern<br />

and Plover <strong>Part</strong>nership requesting their participation in the next agency meeting and/or their interest<br />

in joining the work group<br />

NPS Interest Items (Ref. Meeting notes from the June 25, 2008 Agency Meeting)<br />

• Outdoor recreation, trails, fishing, boating/canoeing, and access<br />

• Land Use – NPS requests a map of adjacent landowners along the Project Boundary. Their particular<br />

interest involves conflict points and access points<br />

• Aesthetics – This can be a diverse item<br />

• NGPC is specifically interested in fisheries and fishing opportunities<br />

NGPC and USFWS Interest Items<br />

• NGPC reps did not receive June 25, 2008 notes and were directed to <strong>Loup</strong>.com for reference<br />

• USFWS is currently working on the Technical Assistance Letter (TAL) for the Project. This will<br />

reference the Endangered Species Act (ESA) and the Migratory Bird Treaty Act (MBTA)<br />

• Bullet No. 7 of the June 25, 2008 USFWS and NGPC “Preliminary Concerns” document lists seven<br />

items related to recreation and asks if benefit components have been completed, maintained, and<br />

operated, or enhanced during the project period.<br />

Phone (866) 869-2087<br />

Fax (402) 564-0970<br />

www.loup.com<br />

Page 1 of 3


LPD Hydropower Relicensing<br />

FERC Project No. 1256<br />

Recreation/Land Use/Aesthetics Work Group Conference Call – July 17, 2008<br />

o Discussed whether or not there were initial recreational intentions at Project implementation and<br />

determined that the Project was originally constructed for power production and economic<br />

development with no specified intent related to recreational resources. Recreation components<br />

of the Project came later and at the <strong>District</strong>’s expense or through public/private partnerships<br />

(especially during the 1963 construction of Lake North).<br />

Identification of Potential Recreational Study Requests<br />

• Assess existing recreational opportunities against current and projected demand<br />

o Recreational User Survey<br />

Include frequency of use, what amenities are commonly used, what could be improved,<br />

current conditions, and plans for implementation<br />

<strong>Loup</strong> currently performing weekly camper and tent counts for incorporation into 2008 Form 80<br />

(to be submitted March 2009)<br />

o Evaluate hunting opportunities and needs<br />

o Coordinate with CART on trail development and connectivity of off-site trails with trails within the<br />

Project Boundary<br />

o Potentially improve Tailrace Park (vandalism is a problem which may require creative ideas to<br />

resolve)<br />

o Develop a plan to incorporate needed facilities identified during subsequent studies and<br />

determine project mitigation and enhancements (PMEs)<br />

o Creel Survey – what are anglers targeting, angler needs and expectations, catch rates, quality of<br />

fishery, determination of needed regulations or stocking<br />

Should consist of angler interviews spanning one open-water fishing season<br />

NGPC has existing creel survey cards that could be manipulated for use on the Project<br />

Rupp performed creel survey on the canal in 1983-1984<br />

Canal is included in Platte River survey<br />

• NGPC would like to develop a “Fishery Plan” specific to Lake North. This plan should be approached<br />

as a study related to the relicensing process.<br />

o Could fish habitat/brush piles be installed<br />

o Could shoreline erosion be avoided by construction of jetties in the corner of the lake<br />

o Could angler access be improved<br />

o NGPC has other “Fishery Plan” models previously produced for other state and NRD lakes<br />

o Fishery improvements on Lake Babcock are limited due to the need for expansive dredging<br />

o LPD would be open to consider fishery improvements so long as Project operations are not<br />

impeded<br />

Initial Identification and Format of Land Use Study Requests<br />

• Assess potential for additional access<br />

• Document removal of sand off-site for processing<br />

• Concern with OHV use on private property, generally in the river channel (adjacent landowners own<br />

to the center of the channel).<br />

Initial Identification and Format of Aesthetics Study Requests<br />

• The group discussed aesthetics, but did not identify any specific study requests related to aesthetics<br />

• It is not anticipated that a formal Project Aesthetic Resource Assessment or Visual Quality<br />

Assessment will be required<br />

• At this time, it is assumed that any studies related to aesthetics would result following PAD submittal<br />

and review<br />

Fisheries Studies Relative to Biology<br />

• NGPC will likely suggest further studies related to the fisheries as part of the Biological Opinion<br />

• NGPC would also like to perform fish counts (species, length, frequency) in the canal<br />

o Special access would be required to perform the counts. LPD could likely accommodate the<br />

effort<br />

o Non-motorized boating is not restricted on the canal, but it is also not advertised. It is<br />

inconvenient for boater use as frequent portages are required at bridges<br />

<strong>Loup</strong> <strong>Power</strong> <strong>District</strong><br />

Columbus, NE<br />

P.O. Box 988<br />

2404 15 th Street<br />

Columbus, NE 68602-0988<br />

Phone (866) 869-2087<br />

Fax (402) 564-0970<br />

www.loup.com<br />

Page 2 of 3


LPD Hydropower Relicensing<br />

FERC Project No. 1256<br />

Recreation/Land Use/Aesthetics Work Group Conference Call – July 17, 2008<br />

• Flows will also be an issue that will require study<br />

o LPD is entitled 3,500 cfs; however, fish kill in the bypass reach may be an issue<br />

o LPD should notify and work with NGPC prior to performing draw downs to assure fish kill is not an<br />

issue<br />

Next Steps<br />

July 24, 2008 Meeting – Present meeting summary to act as a model for other Project work groups<br />

<strong>Loup</strong> <strong>Power</strong> <strong>District</strong><br />

Columbus, NE<br />

P.O. Box 988<br />

2404 15 th Street<br />

Columbus, NE 68602-0988<br />

Phone (866) 869-2087<br />

Fax (402) 564-0970<br />

www.loup.com<br />

Page 3 of 3


FWS-NE: 2008-494<br />

Mr. Neal Suess<br />

<strong>Loup</strong> <strong>Power</strong> <strong>District</strong><br />

2404 15 th Street, PO Box 988<br />

Columbus, NE 68602-0988<br />

United States Department of the Interior<br />

FISH AND WILDLIFE SERVICE<br />

Ecological Services<br />

Nebraska Field Office<br />

203 West Second Street<br />

Grand Island, Nebraska 68801<br />

July 21, 2008<br />

RE: Technical Assistance, Relicensing; <strong>Loup</strong> River Hydroelectric Project; Federal Energy<br />

Regulatory Commission Project Number 1256; Nance and Platte Counties, Nebraska<br />

Dear Mr. Suess:<br />

This is in regards to the proposed relicensing ofthe <strong>Loup</strong> River Hydroelectric Project (Project) by<br />

the Federal Energy Regulatory Commission (FERC), Project Number 1256. The <strong>Loup</strong> <strong>Power</strong><br />

<strong>District</strong> manages operation of the Project, and is the non-federal project sponsor for the proposed<br />

relicensing action. The Project encompasses a diversion at Headwaters Park, near Genoa, Nebraska<br />

whcre flow at a maximum capacity of 3,500 cubic feet per second is diverted from the <strong>Loup</strong> River<br />

into a 35-mile-Iong canal. Flow from that canal is used to generate electricity at the Monroe and<br />

Columbus powerhouses. The Monroe <strong>Power</strong>house is a run-of-the-river powerhouse. Lakes North<br />

and Babcock are located along the canal and are used to generate head prcssure for the generation of<br />

electricity at the Columbus <strong>Power</strong>house. Once exiting the Columbus <strong>Power</strong>house, flows are<br />

discharged into thc Platte River, approximately I-mile downstream from the <strong>Loup</strong> and Platte rivers<br />

confluence. The 35-mile-Iong canal concurrently provides a water source to meet the irrigation<br />

needs of approximately 80 entities holding junior water rights to the <strong>Loup</strong> <strong>Power</strong> <strong>District</strong>'s water<br />

right, dated 1935. Electricity generated by the <strong>Loup</strong> <strong>Power</strong> <strong>District</strong> is sold to the Nebraska Public<br />

<strong>Power</strong> <strong>District</strong>. The original 50-year federal license for the <strong>Loup</strong> River project was granted on<br />

April 17, 1934. The current license will expire in April 2014.<br />

The U.S. Fish and Wildlife Service (Service), in coordination with the Nebraska Game and Parks<br />

Commission (Commission), has completed its preliminary review of the proposed relicensing<br />

project based on information and documentation provided at meetings on May 7, 2008, and June 25,<br />

2008. The following comments are submitted to assist <strong>Loup</strong> <strong>Power</strong> <strong>District</strong> and its consultant HDR,<br />

in the preparation of a Pre-application document (PAD) for submittal to FERC in October 2008. A<br />

summarization of our preliminary concerns is included with this letter as an enclosure.<br />

AUTHORITIES<br />

The Service has responsibility under a number of authorities for the conservation and management<br />

of fish and wildlife resources. Chief among the federal statutes with which this office deals are the<br />

Endangered Species Act (ESA) of 1973 (87 Stat. 884, as amended; 16 U.S.c. 1531 et seq.), Fish<br />

and Wildlife Coordination Act (FWCA) (488 Stat. 401; 16 U.S.c. 661 et seq.), Bald and Golden


6<br />

404(B)(1) Guidelines (Guidelines) of the Clean Water Act, the Guidelines emphasize that<br />

avoidance and minimization precede compensation, which is to be considered solely for<br />

unavoidable adverse impacts on fish and wildlife resources and supporting ecosystems. For<br />

projects that do not require access or proximity to, or location within aquatic environments (i.e.,<br />

non-water dependant project) to fulfill its basic project purpose, it is assumed that practicable<br />

alternatives exist that would cause less damage to aquatic resources than projects that are located in<br />

aquatic ecosystems. In addition to determining the least environmentally damaging practicable<br />

alternative, 40 CFR <strong>Part</strong> 230.1 O( a) of the Guidelines also states, " ... no discharge of dredged or fill<br />

material shall be permitted if there is a practicable alternative to the proposed discharge which<br />

would have less adverse impact on the aquatic ecosystem, so long as the alternative does not have<br />

other significant adverse environmental consequences (emphasis added).<br />

If after an alternatives analysis has been completed in accordance with the Guideline, and<br />

unavoidable impacts are to occur to aquatic habitats, the Service recommends that compensation<br />

(i.e., restoration of a degraded wetland or creation) occur for like wetland type at a ratio of2: 1<br />

(acres of wetlands restored/created to acres of wetlands impacted). For unavoidable impacts to<br />

streams, the Service recommends that stream pattern, profile, and dimension be mitigated at a ratio<br />

of no less that 1:1 (stream length and number, pattern, and length of meanders created/restored<br />

versus stream length and number, pattern, and length of meanders impacted; sequence and number<br />

of pools and riffles created/restored versus sequence and number of pools and riffles impacted).<br />

Additionally, compensation for impacts to riparian habitats should occur at a minimum ratio of 3: 1<br />

(i.e., acres of riparian habitat replaces for acres of riparian habitat impacted) The 3:1 ratio is based<br />

on the loss of the habitat and the amount of time that will be required for planted trees to reach<br />

maturity.<br />

Migratory Bird Treaty Act<br />

Under the MBTA, activities in grassland, wetland, stream, and woodland habitats that would<br />

otherwise result in the taking of migratory birds, eggs, young, and/or active nests should be avoided.<br />

Although the provisions ofMBTA are applicable year-round, most migratory bird nesting activity<br />

in Nebraska occurs during the period of April 1 to July 15. However, some migratory birds are<br />

known to nest outside of the aforementioned primary nesting season period. For example, raptors<br />

can be expected to nest in woodland habitats during February 1 through July 15, whereas sedge<br />

wrens which occur in some wetland habitats normally nest from July 15 to September 10.<br />

If various Project actions would occur during the primary nesting season or at any other time which<br />

may result in the take of nesting migratory birds, the Service recommends that FERC/<strong>Loup</strong> <strong>Power</strong><br />

<strong>District</strong> arrange to have a qualified biologist conduct a field survey of the affected habitats and<br />

structures to determine the absence or presence of nesting migratory birds. For example, migratory<br />

birds can be electrocuted or collide with powerlines and be killed or injured. Bank swallows can<br />

nest on cut banks of canals and cliff swallows can nest on powerhouse and siphon structures.<br />

Routine maintenance of the canal, powerhouse, siphons and other facilities by FERC/<strong>Loup</strong> <strong>Power</strong><br />

<strong>District</strong> could result in loss of these active nests. Surveys must be conducted during the nesting<br />

season. The Service further recommends that field surveys for nesting birds, along with information<br />

regarding the qualifications of the biologist(s) performing the surveys, be thoroughly documented<br />

and that such documentation be maintained on file by FERC/<strong>Loup</strong> <strong>Power</strong> <strong>District</strong>.<br />

The Service requests that the following be provided to this office prior if the above conditions<br />

occur. The purpose of the request is to assist the project proponent to avoid the unnecessary take of<br />

migratory birds and the possible need for law enforcement action:


Project: <strong>Loup</strong> River Hydroelectric Project<br />

FERC Project No. 1256<br />

Subject: Water Rights Work Group<br />

Meeting Date: July 22, 2008, 1:30 pm – 2:30 pm<br />

Notes by: HDR<br />

<strong>Loup</strong> <strong>Power</strong> <strong>District</strong><br />

Columbus, NE<br />

Meeting Location: Conference Call<br />

P.O. Box 988<br />

2404 15 th Street<br />

Columbus, NE 68602-0988<br />

Meeting Notes<br />

Attendees:<br />

Ms. Jean Angell – Nebraska Department of Natural Resources<br />

Ms. Pam Andersen - Nebraska Department of Natural Resources<br />

Mr. Mike Thomopson - Nebraska Department of Natural Resources<br />

Mr. Jim Frear – <strong>Loup</strong> <strong>Power</strong> <strong>District</strong><br />

Mr. Ron Ziola – <strong>Loup</strong> <strong>Power</strong> <strong>District</strong><br />

Mr. Neal Suess – <strong>Loup</strong> <strong>Power</strong> <strong>District</strong><br />

Mr. John Shadle - NPPD<br />

Mr. Brian Barels – NPPD<br />

Mr. Bill Sigler – HDR<br />

Mr. George Waldow – HDR<br />

Mr. Pat Engelbert – HDR<br />

[Mr. Bob Harms (USFWS) Mr. David Jundt (NeHHS), Mr. Robert Mohler (LLNRD), Mr. Phil Soenksen (USGS), Mr. Gene<br />

Zuerlein (NGPC), and Mr. John Engel (HDR) were unable to attend]<br />

Topics Discussed:<br />

1. Items distributed by DNR;<br />

2. List of DNR issues as detailed in June 20, 2008 DNR letter and discussed by DNR at June 24, 208<br />

agency meeting;<br />

3. Next steps.<br />

Action/Notes:<br />

The meeting minutes listed below reflects information as discussed during the conference call. They are not<br />

to be misconstrued as the official position of DNR or LPPD.<br />

Items Distributed by DNR<br />

The following items were sent to the work group members prior to the conference call. They include:<br />

• Pump irrigation agreements, rules and regulations between LPPD and irrigators, and a page from the<br />

existing FERC license regarding access to LPPD’s land and water;<br />

• A CD containing an aerial photo of the water rights along the canal and the points of diversion;<br />

• State of Nebraska statues giving preference to irrigation appropriations over power appropriations,<br />

and compensation for exercise of preference;<br />

• A list of the surface water appropriations on the LPPD canal;<br />

• A list of the surface water appropriations junior to, and downstream of, the confluence of the canal tail<br />

race and the Platte River.<br />

There was no indication from the call participants that information had yet to be received.<br />

List of DNR issues as detailed in June 20, 2008 DNR letter and discussed by DNR at June 24, 2008 agency<br />

meeting<br />

Phone (866) 869-2087<br />

Fax (402) 564-0970<br />

www.loup.com<br />

Page 1 of 3


LPD Hydropower Relicensing<br />

FERC Project No. 1256<br />

Recreation/Land Use/Aesthetics Work Group Conference Call – July 17, 2008<br />

DNR stated that they did not bring up the issues because of opposition to re-licensing the Project; DNR<br />

wishes that the Project be re-licensed and that stakeholders be served well by it. There was extensive<br />

discussion as to whether the issues were re-licensing issues or state water policy issues. DNR’s position<br />

is that FERC should determine whether or not the issues are re-licensing issues. The following is a list of<br />

the issues from the DNR letter dated June 20, 2008, and the discussion on each topic.<br />

1. Nebraska law provides that waters used for irrigation have preference over waters used for<br />

manufacture of power. This means an irrigator with an appropriation junior to LPPD’s appropriation<br />

may require the senior water right for power – LPPD -- to subordinate its water use. The law also<br />

provides that just compensation must be paid by an irrigator to LPPD when subordination is<br />

demanded. Just compensation is not an arbitrary amount, but an amount not greater than the cost of<br />

replacing the power which would be generated by the water so acquired. LPPD has set amounts for<br />

irrigators to take water out of priority. The rate for those irrigators taking water from the canal<br />

between the diversion on the <strong>Loup</strong> River and the power plants at Monroe and Columbus is different<br />

than the rate charged for those irrigators taking water upstream of the diversion. How does LPPD<br />

figure “just compensation”? The <strong>Power</strong> Interference Agreement states that the amount charged<br />

irrigators is not just compensation.<br />

Discussion:<br />

o The just compensation amount has been developed and adjusted by LPPD over the 70 years of<br />

operation;<br />

o DNR would like to know how the rate was determined, and what the current rate is;<br />

o LPPD is currently reviewing the just compensation policy.<br />

2. Why does LPPD allow farmers to irrigate out of its canal? The Nebraska Department of Natural<br />

Resources knows of no easements in place for those irrigators taking from the canal. LPPD appears<br />

to operate as an irrigation district, rather than a power district.<br />

o There are surface water appropriators that have water rights along the canal. LPPD has pump<br />

irrigation agreements and easements with adjacent property owners.<br />

o There was lengthy discussion on how to distinguish between a canal appropriator and a downstream<br />

or bypass reach appropriator. Several scenarios were discussed.<br />

3. At times LPPD diverts most or all of the <strong>Loup</strong> River, in effect changing the channel of the river. What<br />

if an irrigator requests water be delivered out of the river downstream of the diversion point and<br />

upstream of the discharge into the Platte River, willing to pay LPPD just compensation?<br />

o LPPD will follow Nebraska law and allow the necessary water to be diverted for just compensation.<br />

o To LPPD’s knowledge there were no subordination agreements on the bypass reach.<br />

o No one on the call was aware of any preference calls on the bypass reach.<br />

4. Has LPPD considered its response in the event irrigation development continued in areas upstream<br />

of LPPD’s plants to the point of making the manufacturing of electricity no longer feasible?<br />

o Historically, high flows on the <strong>Loup</strong> River occur in the spring during the non irrigation season, which<br />

historically is LPPD's highest power generating months. If LPPD were unable to divert due to<br />

irrigation preference, assuming the irrigation season lasted 3 months, they would receive just<br />

compensation under the preference system, and would continue generating during the remainder of<br />

the year.<br />

o It was noted that speculation regarding future scenarios is not part of the re-licensing process.<br />

o DNR noted that preference also applies to the canal water, and that LPPD has a responsibility to<br />

deliver the water.<br />

o LPPD noted that it would be the same as if there was no water in the river for them divert.<br />

5. Should LPPD be allowed to divert their entire appropriation when making power with less than the<br />

entire appropriation, given that LPPD has no storage permit?<br />

<strong>Loup</strong> <strong>Power</strong> <strong>District</strong><br />

Columbus, NE<br />

P.O. Box 988<br />

2404 15 th Street<br />

Columbus, NE 68602-0988<br />

Phone (866) 869-2087<br />

Fax (402) 564-0970<br />

www.loup.com<br />

Page 2 of 3


LPD Hydropower Relicensing<br />

FERC Project No. 1256<br />

Recreation/Land Use/Aesthetics Work Group Conference Call – July 17, 2008<br />

o LPPD diverts water 24 hours a day, 7 days a week. If the Columbus <strong>Power</strong>house has to shut down,<br />

LPPD would soon curtail or halt diversion from the <strong>Loup</strong> River because they do not have the reservoir<br />

capacity to pond more than approximately two feet of water.<br />

Next Steps<br />

July 24, 2008 Meeting – Review aerial photo of irrigators and present summary of conference call.<br />

<strong>Loup</strong> <strong>Power</strong> <strong>District</strong><br />

Columbus, NE<br />

P.O. Box 988<br />

2404 15 th Street<br />

Columbus, NE 68602-0988<br />

Phone (866) 869-2087<br />

Fax (402) 564-0970<br />

www.loup.com<br />

Page 3 of 3


Project: <strong>Loup</strong> River Hydroelectric Project<br />

FERC Project No. 1256<br />

Subject: Agency Meeting<br />

Meeting Date: July 22, 2008<br />

Notes by: HDR<br />

<strong>Loup</strong> <strong>Power</strong> <strong>District</strong><br />

Columbus, NE<br />

P.O. Box 988<br />

2404 15 th Street<br />

Columbus, NE 68602-0988<br />

Meeting Notes<br />

Meeting Location: <strong>Loup</strong> <strong>District</strong> Office, Columbus, NE<br />

Attendees:<br />

Bob Harms – USFWS; Neil Suess - LPPD; Matt Pillard – HDR; Dick Gorton - HDR<br />

Meeting Agenda:<br />

The purpose of the meeting was to discuss the correlation between the ILP and ESA processes, discuss the<br />

baseline that would be used to establish impacts, and discuss potential studies that would be needed.<br />

Discussion:<br />

1) Process<br />

o Bob inquired about <strong>Loup</strong>'s experience with ESA. Neil said they hadn't needed to go through it. Bob<br />

said his goal for the day was to discuss the ESA process and what it means. He said that everyone<br />

wishes to have a smooth and efficient process.<br />

o Bob asked if FERC had a representative yet. George said that Kim Winn is current point of contact<br />

and once the PAD is submitted she would likely be the licensing coordinator assigned after the PAD<br />

is submitted.<br />

o Bob said he had reviewed FERC's guidance on ESA and it was useful. Matt pointed out there was<br />

another document, the Interagency....that was also done that provides some additional information.<br />

Bob asked if we could send that to him.<br />

o Bob discussed that a Technical Assistance letter was sent to Neil's attention on July 21. This letter<br />

provides the parameters of their authority for Section 7, provides list of species that could be present,<br />

and identifies their list of concerns that were previously provided.<br />

o Bob said that we are currently in informal consultations. This is a give and take and information<br />

sharing period. Bob explained that there are two requirements on Federal agencies:<br />

1) identify that no jeopardy (extinction) of species or modification of critical habitat be found; and<br />

2) enter into formal Section 7 consultations on finding of may affect of T&E species.<br />

o Bob said that there is no critical habitat in this area as it has been rescinded, but identified it anyway<br />

as part of the federal agency requirement.<br />

o Bob explained that the biological opinion (BO) could result in a jeopardy, but with inclusion of<br />

reasonable and prudent measures, jeopardy could be eliminated. Reasonable and prudent measures<br />

address a specific species, like individual nests.<br />

o In the BO, the whole and complete project is considered. That is the reason for their inquiries of<br />

elements that may seem outside of the project, such as upstream irrigation. It is important for them to<br />

have an understanding of the whole project.<br />

o An example of US 34 project for the Iowa DOT was provided in that USFWS wished to have impacts<br />

relative to potential development discussed that were outside of that project's footprint. FHWA<br />

declined to include it, and it became an issue in the BO.<br />

o George asked how this affects water rights and the relationship between questions relative to water<br />

rights and relicensing. Dick provided that the US 34 project, the issue of development was related to<br />

indirect effects and that USFWS must consider indirect and cumulative effects.<br />

o Bob agreed and provided their guidelines reference to inter-related and inter-dependant actions and<br />

they don't need to be in the <strong>District</strong>'s control to be considered. If the Project enables something else<br />

Phone (866) 869-2087<br />

Fax (402) 564-0970<br />

www.loup.com<br />

Page 1 of 2


LPD Hydropower Relicensing<br />

FERC Project No. 1256<br />

Agency Meeting – July 22, 2008<br />

to happen, it must be looked at. Dick provided that this is commonly call the "but for" the project<br />

approach. This terminology is no longer used due to a recent court case, but the theory is still applied.<br />

2) Baseline<br />

o Bob explained that a whole and complete project is important in establishing the baseline for the<br />

project to determine effects. The effects analysis will use a with project/without the project<br />

comparison to determine effects.<br />

o Neil asked how other effects are considered under this approach. Bob said they need to consider<br />

cumulative effects. Bob said the baseline is tied to what would happen if the FERC license is not<br />

renewed.<br />

o A scenario of no relicensing was discussed and that factors such as water rights and facilities need to<br />

be considered to determine what would reasonably happen under this scenario. It was discussed that<br />

this is just used to establish the baseline and that the Service is not suggesting this as an alternative.<br />

A discussion on the water right occurred based on what might reasonably occur. No conclusion was<br />

developed, but Dick pointed out that this type of discussion is necessary to identify what would<br />

happen under this scenario and to have all agree to this outcome.<br />

3) Studies<br />

o Bob discussed that the NGPC, USGS and the USFWS meet to discuss issues. Bob said it is FERC<br />

and <strong>Loup</strong>'s responsibility to develop studies to address issues. They are not obligated to fill out a form<br />

that follows the 7 steps to make a study request, but they are open to discuss potential studies and<br />

provide technical assistance in getting studies developed. It was discussed that in the ESA process, it<br />

is <strong>Loup</strong>'s job, on behalf of FERC, to develop the BA. The closer we are on issues in the BA, from<br />

baseline to studies, the easier the process will be in development of the BO and the reasonable and<br />

prudent measures.<br />

o Bob suggested we engage the USGS, as they are technical experts and can provide insight on data<br />

gaps and study formulation.<br />

o Bob also provided at that a one year study, depending on the study, is not a lot of time. There is an<br />

effort to identify a cause and effect, and that we may need to study design and/or operations changes<br />

as part of that and evaluate the effect of these changes.<br />

4) It was decided that after Thursday's meeting, another small group meeting be scheduled to discuss<br />

elements of the baseline condition.<br />

<strong>Loup</strong> <strong>Power</strong> <strong>District</strong><br />

Columbus, NE<br />

P.O. Box 988<br />

2404 15 th Street<br />

Columbus, NE 68602-0988<br />

Phone (866) 869-2087<br />

Fax (402) 564-0970<br />

www.loup.com<br />

Page 2 of 2


Project: <strong>Loup</strong> River Hydroelectric Project<br />

FERC Project No. 1256<br />

Subject: Agency Follow-up Meeting – Study Needs<br />

Meeting Date: July 24, 2008, 9:00 am – 1:30 pm<br />

Notes by: HDR<br />

Attendees: See Attached<br />

Meeting Agenda:<br />

1. Welcome/Introductions<br />

2. Summary of June 25 th Meeting<br />

• Overview of Key Issues<br />

• Workgroups<br />

3. Discussion of Potential Studies<br />

4. Next Steps<br />

Discussion:<br />

<strong>Loup</strong> <strong>Power</strong> <strong>District</strong><br />

Columbus, NE<br />

P.O. Box 988<br />

2404 15 th Street<br />

Columbus, NE 68602-0988<br />

Meeting Notes<br />

Meeting Location: Holiday Inn Express, Columbus, NE<br />

1. Welcome/Introductions<br />

The purpose of the meeting was to discuss the potential studies to be performed to address Project related<br />

issues. Introductions were made and the two NGO’s present at the meeting provided a description of their<br />

group’s mission and activities:<br />

• The Tern and Plover <strong>Part</strong>nership provided that they are advocates for the species and look for<br />

ways for industry and bird populations to co-exist.<br />

• The Nebraska Off-Highway Vehicle Association (NOHVA) is a 3500 member organization that<br />

manages 5 facilities. The Headworks Park property that they manage in association with the<br />

<strong>District</strong> is an important destination and their organization values this facility.<br />

2. Summary of June 25 th Meeting<br />

The issues identified at the meeting on June 25 th were presented in summarized form (see attached). This<br />

was used to frame the discussion of the days meeting. The question was asked if there were any new<br />

issues to add or issues to table/eliminate.<br />

• The NGPC asked that the river otter be added to the list, noting that there is little information<br />

available about the river otter in this reach of the <strong>Loup</strong> River.<br />

• The DNR added that an expansion of the Just Compensation issue is that compensation to the<br />

district from irrigators for lost power generation should depend on where the withdrawal point is<br />

located within the system.<br />

• It was noted that threatened and endangered species issues are threaded through many of the issue<br />

groupings.<br />

Phone (866) 869-2087<br />

Fax (402) 564-0970<br />

www.loup.com<br />

Page 1 of 7


LPD Hydropower Relicensing<br />

FERC Project No. 1256<br />

Agency Meeting – July 24, 2008<br />

• NPPD added that another key issue is the economic value of the established load following aspect<br />

of project operation (hydrocycling). They are also interested in any future limitations on project<br />

operations as might result from the relicensing process.<br />

Recreation Work Group Report<br />

Dave Tunink (NGPC) provided a summary of the Recreation Workgroup discussions:<br />

• The workgroup discussed issues and possible studies related to recreation, land use, and aesthetics.<br />

Recreational components included outdoor recreation, trails, fishing, boating/canoeing, and access.<br />

Land use issues involved conflicting land uses and access conflicts. The group noted that aesthetics<br />

can be a difficult item to address.<br />

• The workgroup identified the following potential studies/data needs:<br />

• Recreation: review of existing resources, recreational user survey, evaluation of hunting<br />

opportunities, coordination with CART, angler and creel survey, and development of an overall<br />

recreation plan.<br />

• Fisheries: develop a fisheries plan and provide for improved fisheries at Lake North via jetties or<br />

brush piles. Fish passage at the diversion may also be an issue.<br />

• Land use: evaluate location of access points and identify any conflicting land uses.<br />

• Aesthetics: there are multiple ways to study aesthetics, but there may not need to be a study for<br />

this project.<br />

NGPC asked if coordination with agencies would be beneficial through the FERC licensing process. HDR<br />

responded that yes, coordination is absolutely beneficial.<br />

NGPC would like access to the canal to do fish surveys. The purpose is to sample species distribution,<br />

densities, and other details. The <strong>District</strong> is working with them to find locations.<br />

NGPC also noted that the economic impacts associated with recreation could also be evaluated. This<br />

information could be gathered from the recreation use survey. NOHVA added that they did an economic<br />

survey in 2003 and could do another one. They can also get input from their national organization<br />

regarding economic impacts.<br />

From a land use perspective, one potential conflict is that the Headworks OHV Park may provide access<br />

to exposed sand areas in the <strong>Loup</strong> River. Beyond the <strong>District</strong> property line, this constitutes trespass on<br />

private property. NOHVA noted that there is a sign at east end of the park noting that riding on private<br />

property is trespassing to discourage this practice. As organization policy, NOHVA does not encourage<br />

trespass and tries to inform/educate others. The Tern & Plover Conservation <strong>Part</strong>nership noted that offroad<br />

vehicles, in general, are believed to account for the largest loss of tern and plover nests.<br />

Water Rights Report<br />

Jean Angell (NDNR) provided a summary of the Water Rights Workgroup discussions:<br />

• DNR and the <strong>District</strong> have been providing information to the group relative to the issues identified,<br />

including: a map of local irrigators, list of appropriators, irrigation agreements, relevant state statutes,<br />

information from the current license. The group discussed this information and will be sharing more<br />

information in the future.<br />

• Issues still under discussion and research include:<br />

• How much water can be used for irrigation and still have the Project be economically viable.<br />

The group discussed this and it was noted that irrigation would only affect operations for part of<br />

the year, the cost of replacement power will continue to increase, and it would require irrigation<br />

of approximately 300,000 acres of land to utilize all the <strong>District</strong>’s water (based on 1 cfs/70 acres).<br />

<strong>Loup</strong> <strong>Power</strong> <strong>District</strong><br />

Columbus, NE<br />

P.O. Box 988<br />

2404 15 th Street<br />

Columbus, NE 68602-0988<br />

Phone (866) 869-2087<br />

Fax (402) 564-0970<br />

www.loup.com<br />

Page 2 of 7


LPD Hydropower Relicensing<br />

FERC Project No. 1256<br />

Agency Meeting – July 24, 2008<br />

• Does the lake need to be full to provide head for operating only one turbine? The district will<br />

provide this information.<br />

• Overall the Water Rights Workgroup feels that these issues can be addressed through information<br />

exchange over the next couple of months.<br />

A question was asked about how the cost of replacement power is figured to establish just compensation.<br />

NPPD position is that the cost of replacement is the value of the cost to purchase replacement power,<br />

which may or may not cover actual operational costs. The <strong>District</strong>’s determination of the cost of<br />

replacement may be different.<br />

3. Discussion of Potential Studies<br />

HDR provided clarification on how the study request process works. The <strong>District</strong> is not requesting<br />

Formal Study Requests at this time. That request will be made by FERC as part of scoping. Process for<br />

developing final study plan:<br />

• <strong>District</strong> will identify a preliminary list of requested and proposed studies in the PAD (based on<br />

input from 2008 agency discussions)<br />

• FERC will issue Scoping Document which asks agencies to submit formal study requests.<br />

• FERC will conduct scoping meetings (and receive comments).<br />

• Agencies provide comments on scoping document and PAD and submit formal study requests.<br />

• FERC may issue second Scoping Document if needed based on comments<br />

• <strong>District</strong> prepares Proposed Study Plan<br />

• <strong>District</strong> conducts Study Plan meeting (and receives comments)<br />

• Agencies provide comments on Proposed Study Plan<br />

• <strong>District</strong> may develop Revised Study Plan if needed<br />

• FERC issues a Study Plan Determination, noting final list of studies <strong>District</strong> will be required to<br />

perform for relicensing.<br />

• Agencies may submit formal study disputes if there are concerns about proposed studies<br />

• Study Plan will be approved if there are no disputes.<br />

It was noted that the Endangered Species Act (ESA) process is a separate process in which <strong>Loup</strong> will be<br />

working with the USFWS and that the information needs and studies related to various issues will apply<br />

to the ESA process as well as the ILP process.<br />

The group discussed possible studies for the following issues. These discussions focused on identifying<br />

elements to be considered relative to the issue , resources that are affected by the issue, what question<br />

about that resource would a study answer, how could it be studied, what data is available, and what data is<br />

needed? For each issue, it was discussed that identifying the Project’s effect to the issue will be important<br />

to determine.<br />

Water Temperature<br />

Elements of consideration for Project-effects to temperature:<br />

• Flow<br />

• Ambient air temperature<br />

• Water temperature<br />

• Season of interest is June to September<br />

• Critical reach is bypass reach from headgates to Beaver Creek confluence<br />

Resources potentially affected:<br />

• Fisheries<br />

<strong>Loup</strong> <strong>Power</strong> <strong>District</strong><br />

Columbus, NE<br />

P.O. Box 988<br />

2404 15 th Street<br />

Columbus, NE 68602-0988<br />

Phone (866) 869-2087<br />

Fax (402) 564-0970<br />

www.loup.com<br />

Page 3 of 7


LPD Hydropower Relicensing<br />

FERC Project No. 1256<br />

Agency Meeting – July 24, 2008<br />

• Tern and plover food sources<br />

• Pallid sturgeon spawning<br />

Possible ways to study:<br />

• Monitor water temperature, air temperature and flow rate. Develop thermographs and<br />

temperature modeling for the <strong>Loup</strong> River bypass reach and the Platte River below the tailrace<br />

outlet weir.<br />

Questions to be answered:<br />

• When (combination of air & water temperature and flow) will <strong>Loup</strong> River temperatures<br />

downstream of the headworks diversion point reach critical thermal max thresholds for<br />

species?<br />

• Do water pulses associated with hydrocycling change downstream water temperatures<br />

enough to affect pallid sturgeon spawning?<br />

Data Needed:<br />

• Temperature & flow data<br />

• Species critical thermal max & pallid sturgeon spawning temperature range<br />

Discussion:<br />

• Dewatering of the <strong>Loup</strong> River system downstream of the headgates to the mouth and the<br />

Platte River system from the <strong>Loup</strong> River confluence to the <strong>District</strong> tailrace increases water<br />

temperatures which affects the fish community and macroinvertebrates.<br />

• Hydropower cycling will affect temperatures in the Platte River from the <strong>District</strong> tailrace to<br />

the mouth which affects the fish community (including pallid sturgeon) and<br />

macroinvertebrates.<br />

• Macroinvertebrates are likely to be more affected by flow than temperature.<br />

• NGPC would prefer to see Lake North full of water for fisheries resources.<br />

• NHHS noted that public water wells could be affected by increased temperature of surface<br />

water in areas where there is a direct interconnection.<br />

• There has been at least one documented fish kill in the power canal. This resulted from<br />

reduced DO levels that occurred during a reduced flow period for turbine refurbishment at<br />

Monroe <strong>Power</strong>house. The <strong>District</strong> has made operational modifications to avoid future issues.<br />

• NGPC discussed fisheries in the canal as a good fisheries area. The need to understand the<br />

temperature change compared with species critical thermal max thresholds is needed.<br />

• What will temperature affects be in the future considering NDNR estimates ( 1,536 cfs<br />

decline in 25 years at the North Bend streamgage and a 2,768 cfs decline in 25 years at the<br />

Louisville streamgage)?<br />

• How much of the temperature impacts are related to hydro project operation?<br />

Sediment Budget, Sandbars, Sediment deprived flow into Platte River system<br />

Elements of consideration for Project-effects to sediment:<br />

• Flow<br />

• Duration<br />

• Sediment supply<br />

• Sediment composition (grain distribution)<br />

• Sandbar formation<br />

• Sandbar erosion<br />

• Bank erosion<br />

• Sediment carrying capacity<br />

<strong>Loup</strong> <strong>Power</strong> <strong>District</strong><br />

Columbus, NE<br />

P.O. Box 988<br />

2404 15 th Street<br />

Columbus, NE 68602-0988<br />

Phone (866) 869-2087<br />

Fax (402) 564-0970<br />

www.loup.com<br />

Page 4 of 7


LPD Hydropower Relicensing<br />

FERC Project No. 1256<br />

Agency Meeting – July 24, 2008<br />

Resources potentially affected:<br />

• Tern and plover food source<br />

• Tern and plover nesting habitat<br />

• Fisheries<br />

• Invertebrates<br />

• Macro invertebrates<br />

Possible ways to study:<br />

• Sediment budget<br />

• Review rating curves<br />

• Establish relationship between stage/discharge and elevation of sandbars<br />

• Timing of potential re-suspension of sediment<br />

• Aggregation/degradation analysis<br />

Question to be answered:<br />

• How do Project operations affect sediment budget (current sediment load from the tailrace)?<br />

• To what degree does current and future sediment supplies affect habitat for terns and plovers?<br />

• Will the possible studies answer these questions?<br />

Data Needed:<br />

• Aerial photographs<br />

• Flow information<br />

• Sediment sampling (grain size distribution)<br />

• Bed elevation changes<br />

• Water quality information<br />

Discussion:<br />

• Need to isolate cause and effect related to hydro project operation.<br />

• Affects of bank stabilization on sediment load.<br />

• Review of aerial photos may not be helpful for review of historical sandbar formation and<br />

channel erosion because high flows have a major affect on channel formation.<br />

• Channel entrenchment<br />

• Less moist soil interface<br />

• Prevalence of invasive plant species (includes exoctics and expansion of native plants) –<br />

stabilizes soil and diminishes native vegetation diversity<br />

• Natural vegetation can be affected<br />

• Can sediment removed at the settling basin be put back into the river during high flows?<br />

Hydrocycling<br />

Elements of consideration for Project-effects to hydrocycling:<br />

• Temperature<br />

• Flow and timing of flow<br />

• Change of stage<br />

• Sediment carrying capacity<br />

• Ramp up and ramp down rates<br />

Resources potentially affected:<br />

• Tern and plover food source<br />

<strong>Loup</strong> <strong>Power</strong> <strong>District</strong><br />

Columbus, NE<br />

P.O. Box 988<br />

2404 15 th Street<br />

Columbus, NE 68602-0988<br />

Phone (866) 869-2087<br />

Fax (402) 564-0970<br />

www.loup.com<br />

Page 5 of 7


LPD Hydropower Relicensing<br />

FERC Project No. 1256<br />

Agency Meeting – July 24, 2008<br />

• Tern and plover habitat<br />

• Fisheries<br />

• Invertebrates<br />

• Macro invertebrates<br />

• Pallid sturgeon<br />

• River otter<br />

• <strong>Power</strong> generation operations and economics<br />

Possible ways to study:<br />

• Hydraulic model<br />

• Difference of flooding nests relative to natural flows in comparison to flows with<br />

hydrocycling<br />

Question to be answered:<br />

• How does flow affect physical habitat (bar formation, foundation, erosion)<br />

• Effects of operation on hydrocycle stage<br />

• Effects of hydrocycling on erosion of sandbars<br />

• Evaluation of peak flows compared to hydrocycling – effect on sandbars<br />

• Effects on stage to pallid issue – how it effects physical habitat<br />

Data Needed:<br />

• Additional flow information (more gauges)<br />

• Sandbar elevations<br />

• Cross sections<br />

• Determination of bed degradation (hydraulic modeling or physical studies) would help<br />

determine physical habitat needed for pallid<br />

Discussion:<br />

• Hydrocycling has less proportional effect with higher flows.<br />

• Wetness of sand and how it affects macro invertebrate drift densities<br />

• Flow magnitude affects sandbar formation – by itself apart from sediment flows<br />

• The proportion of tern & plover nests are lowest in the upstream portions of the lower Platte<br />

River, and numbers generally increase towards Plattsmouth (thus more habitat exists further<br />

down stream on the Platte River).<br />

• Does hydrocycling actually benefit terns & plovers by prompting them to build their nests on<br />

higher sandbars?<br />

• There is always some flow in the tailrace due to leakage and inflow from Lost Creek storm<br />

control project<br />

• Can information from other studies provide information relevant to the Project (ex. Platte<br />

River stage change study)<br />

• How does hydrocycling affect vegetation on sandbars and shoreline?<br />

• Historic high flows in late May/ early June aid in regenerating barren sandbars through<br />

erosion and sediment mobilization.<br />

• Hydrocycling may facilitate sandbar erosion later in the nesting period (late June through<br />

August).<br />

4. Next Steps<br />

Work Groups will continue to meet to discuss studies and resolve issues. The Tern and Plover <strong>Part</strong>nership<br />

and NOHVA would like to be added to the Recreation/Land Use/Aesthetics Workgroup. Gene Zuerline<br />

(NGPC) would like to be added to the Water Rights Workgroup.<br />

<strong>Loup</strong> <strong>Power</strong> <strong>District</strong><br />

Columbus, NE<br />

P.O. Box 988<br />

2404 15 th Street<br />

Columbus, NE 68602-0988<br />

Phone (866) 869-2087<br />

Fax (402) 564-0970<br />

www.loup.com<br />

Page 6 of 7


LPD Hydropower Relicensing<br />

FERC Project No. 1256<br />

Agency Meeting – July 24, 2008<br />

The need for another group meeting was discussed. It was decided that anther group meeting would be<br />

needed to discuss the remaining issues to identify potential study needs. Those issues are:<br />

<strong>Loup</strong> <strong>Power</strong> <strong>District</strong><br />

Columbus, NE<br />

• Flow depletions on the <strong>Loup</strong> River bypass reach (below the diversion)<br />

• Flow depletions on the <strong>Loup</strong> river above the diversion<br />

• Flow depletions on the Platte River system<br />

• Dredging and discharge at the settling basin<br />

• Hydraulic habitat connectivity and distribution<br />

• Vegetation species composition and distribution<br />

The meeting will be held on August 19. Time and place to be determined.<br />

P.O. Box 988<br />

2404 15 th Street<br />

Columbus, NE 68602-0988<br />

Phone (866) 869-2087<br />

Fax (402) 564-0970<br />

www.loup.com<br />

Page 7 of 7


The following are USGS Questions related to FERC relicensing and operations of LPD.<br />

The questions are not intended to imply known effects of LPD operations on the <strong>Loup</strong>-<br />

Platte river systems, but rather to suggest some questions that my be relevant to LPD and<br />

agencies interested understanding the LPD operations for the purposes of FERC<br />

relicensing. The core subject of each series of questions is in bold, italics, and underlined.<br />

1. LPD operations have the potential to affect water temperature in several<br />

ways, some of which are listed below:<br />

a) Diversion of <strong>Loup</strong> River water has potential to affect temperature by:<br />

i. increasing temperatures in the <strong>Loup</strong> River below LPD<br />

headworks by decreasing flow depths and, potentially turbidity;<br />

the LPD effects on the lower <strong>Loup</strong> may have an effect on water<br />

temperature in the Platte River below the confluence.<br />

ii. water in the LPD canal, holding basins, and reservoirs<br />

undergoes temperature alterations that are subject to water<br />

depth and time/surface area in contact with atmosphere; thus<br />

temperature of tailrace water may have an effect on water<br />

temperature on the lower Platte River.<br />

b) Hydrocycling has the potential to affect water temperatures in the<br />

lower Platte. The lower Platte is a wide and shallow river (very high<br />

width to depth ratio), and as such is more sensitive to air temperature<br />

fluctuations than a river with equivalent hydrology, but lower width to<br />

depth ratios. As a result, hydropower operations have the potential to<br />

affect especially the daily maximum water temperature by changing<br />

water depths in the channel over a power cycle. This is of special<br />

concern during the mid to late-summer season when large percentages<br />

of the discharge of the lower Platte River are from the <strong>Loup</strong> River and<br />

LPD tailrace, and when daily maximum temperatures are most likely<br />

to reach levels causing maximum stress to aquatic biota. The<br />

biological stress may be direct effects of high water temperatures or by<br />

indirect effects as water temperature affects dissolved oxygen<br />

concentrations and stream metabolism processes.<br />

2. Diversion of the <strong>Loup</strong> River at LPD headworks diverts sediment and water.<br />

The sediment must be removed for maintenance of the power canal, and<br />

protection of the turbines. This has the potential to affect the sediment budget<br />

of the <strong>Loup</strong>-Platte river system in several ways, some of which are:<br />

a) Reduction of sediment supply in <strong>Loup</strong> River below LPD headworks.<br />

The reduction in supply may be less important when both water and<br />

sediment supply are reduced, but possibly more important during<br />

larger magnitude annual channel maintenance floods, when sediment<br />

would be more likely to be mobilized from bar and bank storage,<br />

which consequently may become depleted over longer time scales.


) Reduction of sediment supply in Platte River below <strong>Loup</strong> River<br />

confluence. Water from the LPD tailrace canal enters the lower Platte<br />

River essentially as ‘clear’ water, and as such contributes energy for<br />

transporting sediment, but virtually no sediment. The clearwater<br />

contribution from the LPD tailrace may create a sediment deficit<br />

similar to the J2 return from NPPD on the Central Platte. A sediment<br />

deficit may be expected to result in channel bed, bar, and bank<br />

degradation.<br />

c) Alteration of sediment particle-size distributions by:<br />

i. Alteration of sediment supply from headworks diversion and<br />

sediment trapping of coarse fraction, ultimately affecting bed<br />

sediment particle sizes in lower Platte River below <strong>Loup</strong> River<br />

confluence and LPD tailrace.<br />

ii. Potentially reduced sediment supply, may have effects on<br />

sediment transport rates during seasonal floods. For example,<br />

increased daily transport rates from hydrocycling may cause<br />

the sediment supply on the bed of the river to coarsen<br />

downstream, which may decrease overall transport rates.<br />

3. LPD hydropeaking (hydrocycling) from the <strong>Loup</strong> tailrace canal may affect<br />

sandbars in the lower Platte by:<br />

a) Wave action on bars may increase bar degradation by scalloping<br />

banks, increasing bank slopes, and subsequent increased sloughing of<br />

sediment from bars into deeper portions of the channel; this ultimately<br />

may reduce elevation differential between bar and bed elevation<br />

(implications for bird and fish habitat respectively).<br />

b) Rapidly changing sediment transport rates from hydropeaking<br />

(sometimes in conjunction with seasonal floods) may affect the type,<br />

size, and distribution of bar and bedforms (implications for distribution<br />

and abundance of types of hydraulic habitat).<br />

4. LPD operations may affect hydraulic habitat connectivity and distribution in<br />

several ways, including:<br />

a) At times of the year when LPD headworks are diverting large<br />

proportions of the <strong>Loup</strong> River discharge, reduction of flows in the<br />

LPD headworks may cause disconnection of channel habitats between<br />

and within channels of the lower Platte and <strong>Loup</strong> Rivers.<br />

b) LPD hydrocycling may change hydraulic habitat (combinations of<br />

water depth and velocity) connectivity and distribution by:<br />

i. Reduced flows in the <strong>Loup</strong> and Lower Platte during times of<br />

water storage in LPD canals and reservoirs may cause deep<br />

thalwegs to become discontinuous habitats or patch habitats to<br />

disconnect from the main flow. Some organisms may become


stranded and unable to reach refugia where they can survive the<br />

low-flow condition.<br />

ii. Altering the bed configuration (types and distributions of<br />

bedforms) of the Lower Platte during ramping operations, may<br />

have an effect on the spatial and temporal distribution and<br />

abundance of some specific hydraulic habitats preferred by or<br />

critical for aquatic species.<br />

5. LPD operations may affect vegetation species composition and distribution<br />

in the <strong>Loup</strong>-Platte River system in several ways, some of which are:<br />

a) Alteration of bar substrate moisture content through hydrocycling<br />

(alteration of the hydroperiod).<br />

b) Alteration of vegetation establishment success through alteration of<br />

growth substrate resulting from potential alteration of the sediment<br />

supply and particle size distribution.<br />

c) Disturbance of vegetation hydrochory due to hydrocycling.<br />

d) Alteration of plant seedling and sapling population survival due to<br />

potential alteration of bank and bar erosion patterns and scalloping and<br />

sloughing of banks.


Attendance by Meeting<br />

Hydroelectric Relicensing<br />

FERC Project No. 1256<br />

Meeting Type: Agency<br />

Meeting Name: Agency Meeting<br />

Date: 7 /24/2008<br />

Time: 09:00 AM<br />

Location: Holiday Inn Express<br />

Name Organization Contact Type<br />

Jean Angell Nebraska Department of Natural Resources Agency - Local<br />

Brian Barels Nebraska Public <strong>Power</strong> <strong>District</strong> Agency - Local<br />

Mary Bomberger Brown Tern and Plover Conservation <strong>Part</strong>nership NGOs & Stakeholders<br />

Ben Dietsch U.S. Geologic Survey Agency - Federal<br />

Pat Engelbert HDR Engineering, Inc. HDR<br />

Jim Frear <strong>Loup</strong> <strong>Power</strong> <strong>District</strong> LPD Project Team<br />

Dennis Grennan HDR Engineering, Inc. HDR<br />

Robert Harms U.S. Fish and Wildife Service Agency - Federal<br />

David Jundt Nebraska Department of Health and Human<br />

Services;<br />

Agency - Local<br />

Robert Mohler Lower <strong>Loup</strong> Natural Resources <strong>District</strong> Agency - Local<br />

Dan Nitzel NOHVA NGOs & Stakeholders<br />

Page 1 of 3


Name Organization Contact Type<br />

Matt Pillard HDR Engineering, Inc. HDR<br />

Lisa Richardson HDR Engineering, Inc. HDR<br />

Jeff Runge U.S. Fish and Wildife Service Agency - Federal<br />

Henry Santin Jr. Nance County Agency - Local<br />

Jeff Schuckman Nebraska Game and Parks Commission Agency - Local<br />

John Shadle Nebraska Public <strong>Power</strong> <strong>District</strong> Agency - Local<br />

Bill Sigler HDR Engineering, Inc. HDR<br />

Phil Soenksen U.S. Geologic Survey Agency - Federal<br />

Kristal Stoner Nebraska Game and Parks Commission Agency - Local<br />

Neal Suess <strong>Loup</strong> <strong>Power</strong> <strong>District</strong> LPD Project Team<br />

Martha Tacha U.S. Fish and Wildlife Service Agency - Federal<br />

Dave Tunink Nebraska Game and Parks Commision Agency - Local<br />

George Waldow HDR Engineering, Inc. HDR<br />

Stephanie White HDR Engineering, Inc. HDR<br />

Page 2 of 3


Name Organization Contact Type<br />

Gene Zuerlein Nebraska Game and Parks Commission Agency - Local<br />

Page 3 of 3


Thompson, Wendy<br />

From: Richardson, Lisa (Omaha)<br />

Sent: Friday, July 25, 2008 9:43 AM<br />

To: King, Wendy<br />

Subject: FW: Hill Farm Bypass reach<br />

Please add to PW - do NOT mark this comment as closed. Thanks.<br />

From: Neal Suess [mailto:nsuess@loup.com]<br />

Sent: Friday, July 25, 2008 9:36 AM<br />

To:<br />

Cc: Richardson, Lisa (Omaha); rziola@loup.com<br />

Subject: RE: Hill Farm Bypass reach<br />

Dear Mr. Gates:<br />

Thank you for your comment regarding your property along the <strong>Loup</strong> River bypass reach. We are looking into the issue<br />

that you have raised. Can you tell me specifically where your property is located so we can review your concern?<br />

Thanks.<br />

Neal Suess, P.E.<br />

<strong>Loup</strong> <strong>Power</strong> <strong>District</strong><br />

P.O. Box 988 (2404 15th Street)<br />

Columbus, NE 68602-0988<br />

Phone: 402-564-3171<br />

Fax: 402-564-0970<br />

Cell: 402-910-8979<br />

E-Mail: nsuess@loup.com<br />

From: Jim Gates [mailto:JGates@ci.visalia.ca.us]<br />

Sent: Friday, July 11, 2008 12:15 PM<br />

To: RelicenseGroup<br />

Cc:<br />

Dear Mr. Suess,<br />

I would like some more information prior to seeing the re-licensing being conducted.<br />

As a landowner on part of the bypass reach. I have noted for several years how the water flow near my property has been<br />

eroding and taking more of the land into the by pass. Where as the landowner on the other side of the bypass is<br />

increasing in land size. What is to be done to reverse this process and gain back our property?<br />

Also what measures are to be used to stop or reduce flooding and ice flows from eroding future lands?<br />

Regards<br />

James Gates<br />

1


From: Pillard, Matt<br />

To: Anna Baum; Barb Friskopp; Bobbie Kriz-Wickham; Butch Koehlmoos; Curt Alms; Dan Nitzel; David Jundt;<br />

Frank Albrecht; Henry Santin; Jason Alexander; Jean Angell; Jeff Schuckman; Jerry Kenny; Joe Cothern; John<br />

Bender; John Shadle; Joseph Mangiamelli; Justin Lavene; Lacie Andreason; Mark Czaplewski; Mary Bomberger-<br />

Brown; Randy Thoreson; Richard Hadenfeldt; Robert Harms; Robert Mohler; Robert Puschendorf; Rodney<br />

Verhoeff; Stacy Stupka-Burda; Steve Chick<br />

Subject: <strong>Loup</strong> Hydro Project - Agency Meeting: Study Needs Continued<br />

Date: Wednesday, July 30, 2008 3:44:40 PM<br />

Attachments: image002.jpg<br />

Hello all.<br />

It was decided at our last agency meeting (July 24, 2008) that another meeting was needed to<br />

continue our discussion on study needs for the remaining issues. The logistics for that meeting are:<br />

Date: August 19, 2008<br />

Time: 10:00 a.m. - 2:00 p.m. (lunch will be provided)<br />

Location: New World Inn & Conference Center, 265 33rd Ave., Columbus, NE<br />

Please RSVP to me by August 14 so that we can get an accurate count of the number of attendees.<br />

The remaining issues to be discussed relative to identification of study needs are:<br />

Flow depletions on the <strong>Loup</strong> River bypass reach below the diversion<br />

Flow depletions on the <strong>Loup</strong> River above the diversion<br />

Flow depletions on the Platte River system<br />

Dredging and discharge at the settling basin<br />

Hydraulic habitat connectivity and distribution<br />

Vegetation species composition and distribution<br />

If you have any thoughts on potential studies prior to this meeting please let me know.<br />

Thanks and please contact me at your convenience with any questions you may have.<br />

Matt Pillard, AICP<br />

Environmental Planner<br />

HDR | ONE COMPANY | Many Solutions Sol<br />

8404 Indian Hills Drive | Omaha, NE | 68114-4098<br />

Phone: 402.399.1186 | Cell: 402.689.5187| Fax: 402.399.1111<br />

Email: Matt.Pillard@hdrinc.com


Thompson, Wendy<br />

From: hw1371@cpweb17.idig.net<br />

Sent: Wednesday, July 30, 2008 9:30 AM<br />

To: arobak@loup.com; King, Wendy<br />

Subject: <strong>Loup</strong> Comments/Mailing List<br />

Salutation Mr.<br />

Last Name: Mohler<br />

First Name: Robert<br />

Affiliation: Lower <strong>Loup</strong> Natural Resources <strong>District</strong><br />

Phone: 308‐728‐3221<br />

Email: mohler@nctc.net<br />

Address1: P.O. Box 210<br />

Address2: 2620 Airport Drive<br />

City: Ord<br />

State: NE<br />

Zip: 68862<br />

Mailing List:<br />

Comments: At the July 24th meeting, we were talking about Sediment Budget. To access<br />

existing information on how the <strong>Loup</strong> River has changed over the years, I suggest contacting<br />

the Nebr Natural Resources Commission who took valley cross‐sections in 1992 in order to<br />

prepare for the revised Flood Insurance Study for Columbus.<br />

At the same time I suggest contacting the City of Columbus regarding data used at the time<br />

the <strong>Loup</strong> River Levee was constructed. Step‐backwater runs were made and extensively reviewed<br />

when this levee was litigated a few years later with opponents from the south overbank area.<br />

In terms of studies that could be conducted now, it would be very do‐able to survey the river<br />

channel now at similar cross‐section locations to see how the channel had changed from 1964<br />

to 1992 to the present.<br />

1


Selzle, Lydia<br />

From: Henry Santin [santin@hamilton.net]<br />

Sent: Wednesday, July 30, 2008 6:38 PM<br />

To: Pillard, Matt<br />

Subject: Re: <strong>Loup</strong> Hydro Project & Agency Meeting: Study Needs Continued<br />

matt i think the up stream flow would be of interest especially since the twin loups irrigation canal was put into operation<br />

this elimated many senior and junior water permits it also means a more constant flow during irrigation season. the lower<br />

loup nrd at ord should be able to provide the info i will let you know for sure about the next meeting right know i should<br />

be able to make it thanks henry santin<br />

&&&&& Original Message &&&&&<br />

From: Pillard, Matt<br />

To: Anna Baum ; Barb Friskopp ; Bobbie Kriz&Wickham ; Butch Koehlmoos ; Curt Alms ; Dan Nitzel ; David Jundt ; Frank<br />

Albrecht ; Henry Santin ; Jason Alexander ; Jean Angell ; Jeff Schuckman ; Jerry Kenny ; Joe Cothern ; John Bender ;<br />

John Shadle ; Joseph Mangiamelli ; Justin Lavene ; Lacie Andreason ; Mark Czaplewski ; Mary Bomberger&Brown ;<br />

Randy Thoreson ; Richard Hadenfeldt ; Robert Harms ; Robert Mohler ; Robert Puschendorf ; Rodney Verhoeff ; Stacy<br />

Stupka&Burda ; Steve Chick<br />

Sent: Wednesday, July 30, 2008 3:44 PM<br />

Subject: <strong>Loup</strong> Hydro Project & Agency Meeting: Study Needs Continued<br />

Hello all.<br />

It was decided at our last agency meeting (July 24, 2008) that another meeting was needed to continue our discussion<br />

on study needs for the remaining issues. The logistics for that meeting are:<br />

Date: August 19, 2008<br />

Time: 10:00 a.m. " 2:00 p.m. (lunch will be provided)<br />

Location: New World Inn & Conference Center, 265 33rd Ave., Columbus, NE<br />

Please RSVP to me by August 14 so that we can get an accurate count of the number of attendees.<br />

The remaining issues to be discussed relative to identification of study needs are:<br />

• Flow depletions on the <strong>Loup</strong> River bypass reach below the diversion<br />

• Flow depletions on the <strong>Loup</strong> River above the diversion<br />

• Flow depletions on the Platte River system<br />

• Dredging and discharge at the settling basin<br />

• Hydraulic habitat connectivity and distribution<br />

• Vegetation species composition and distribution<br />

If you have any thoughts on potential studies prior to this meeting please let me know.<br />

Thanks and please contact me at your convenience with any questions you may have.<br />

Matt Pillard, AICP<br />

Environmental Planner<br />

HDR | ONE COMPANY | Many Solutions Sol<br />

8404 Indian Hills Drive | Omaha, NE | 68114&4098<br />

Phone: 402.399.1186 | Cell: 402.689.5187| Fax: 402.399.1111<br />

Email: Matt.Pillard@hdrinc.com<br />

1


Selzle, Lydia<br />

From: Jeff Schuckman [jeff.schuckman@ngpc.ne.gov]<br />

Sent: Thursday, July 31, 2008 5:49 PM<br />

To: Pillard, Matt<br />

Cc: Dave Tunink<br />

Subject: Re: <strong>Loup</strong> Hydro Project . Agency Meeting: Study Needs Continued<br />

Matt,<br />

One study need NGPC has is concerning fish passage upstream through the <strong>Loup</strong> diversion. A<br />

tagging/sampling study is needed to determine the extent of fish passage. This does tie in to the dewatering<br />

issues of the <strong>Loup</strong> River below the diversion and should be considered as an integral part of the project<br />

evaluation during various flow scenarios. Tagged fish (sonic or conventional tagging) can be followed through<br />

the LPPD project area to evaluate upstream migration success and/or fish species assemblages above and below<br />

should be sampled for relative abundance and size stucture.<br />

Jeff Schuckman<br />

<strong>District</strong> III Fish Mgt Supv<br />

Norfolk, NE<br />

00000Original Message00000<br />

From: "Pillard, Matt" <br />

To: "Anna Baum" , "Barb Friskopp" ,<br />

"Bobbie Kriz0Wickham" , "Butch Koehlmoos" , "Curt<br />

Alms" , "Dan Nitzel" , "David Jundt"<br />

, "Frank Albrecht" , "Henry Santin"<br />

, "Jason Alexander" , "Jean Angell" , "Jeff<br />

Schuckman" , "Jerry Kenny" , "Joe Cothern"<br />

, "John Bender" , "John Shadle" ,<br />

"Joseph Mangiamelli" , "Justin Lavene" , "Lacie<br />

Andreason" , "Mark Czaplewski" , "Mary Bomberger0Brown"<br />

, "Randy Thoreson" , "Richard Hadenfeldt"<br />

, "Robert Harms" , "Robert Mohler" ,<br />

"Robert Puschendorf" , "Rodney Verhoeff" ,<br />

"Stacy Stupka0Burda" , "Steve Chick" <br />

Date: Wed, 30 Jul 2008 15:44:37 00500<br />

Subject: <strong>Loup</strong> Hydro Project 0 Agency Meeting: Study Needs Continued<br />

Hello all.<br />

It was decided at our last agency meeting (July 24, 2008) that another meeting was needed to continue our discussion<br />

on study needs for the remaining issues. The logistics for that meeting are:<br />

Date: August 19, 2008<br />

Time: 10:00 a.m. # 2:00 p.m. (lunch will be provided)<br />

Location: New World Inn & Conference Center, 265 33rd Ave., Columbus, NE<br />

Please RSVP to me by August 14 so that we can get an accurate count of the number of attendees.<br />

The remaining issues to be discussed relative to identification of study needs are:<br />

1


• Flow depletions on the <strong>Loup</strong> River bypass reach below the diversion<br />

• Flow depletions on the <strong>Loup</strong> River above the diversion<br />

• Flow depletions on the Platte River system<br />

• Dredging and discharge at the settling basin<br />

• Hydraulic habitat connectivity and distribution<br />

• Vegetation species composition and distribution<br />

If you have any thoughts on potential studies prior to this meeting please let me know.<br />

Thanks and please contact me at your convenience with any questions you may have.<br />

Matt Pillard, AICP<br />

Environmental Planner<br />

HDR | ONE COMPANY | Many Solutions Sol<br />

8404 Indian Hills Drive | Omaha, NE | 68114.4098<br />

Phone: 402.399.1186 | Cell: 402.689.5187| Fax: 402.399.1111<br />

Email: Matt.Pillard@hdrinc.com<br />

2


From: Pillard, Matt<br />

To: David Jundt; Curt Alms; Barb Friskopp; Mary Bomberger-Brown; Robert Mohler; Frank Albrecht; Jean Angell;<br />

Robert Harms; Steve Chick; Anna Baum; Henry Santin; Rodney Verhoeff; John Bender; Robert Puschendorf;<br />

Dan Nitzel; Butch Koehlmoos; Jeff Schuckman; Bobbie Kriz-Wickham; Richard Hadenfeldt; John Shadle; Lacie<br />

Andreason; Stacy Stupka-Burda; Mark Czaplewski; Randy Thoreson; Justin Lavene; Jason Alexander; Joe<br />

Cothern; Joseph Mangiamelli; Jerry Kenny<br />

Subject: <strong>Loup</strong> Hydro Project - Draft 7/24/08 Agnecy Meeting Notes<br />

Date: Friday, August 01, 2008 8:32:48 AM<br />

Attachments: image002.jpg<br />

nAgency_080724_studyneeds.doc<br />

Good morning.<br />

Please find attached a draft of the agency meeting notes from the July 24, 2008 agency meeting on<br />

Study Needs. Please take a moment to review these notes. If you have comments, corrections, or<br />

additions relatative to the discussion that took place at the meeting, please send them to me by August<br />

8. We will incorporate comments and post the final meeting notes to the project web site.<br />

As a reminder, past agency meeting agendas and notes, work group meeting notes, and future<br />

meeting agendas can be found on the project web site at<br />

http://www.loup.com/relicense/html/meetings.html.<br />

An agenda is being developed for our meeting on August 19 and will be posted as soon as it is<br />

completed. If you haven't already, please let me know if you or representative from your<br />

agency/organization will be able to attend. The meeting will be from 10:00 to 2:00 (lunch will be<br />

provided) in the Seven Seas Room at the New World Inn & Conference Center, 265 33rd Ave.,<br />

Columbus, NE.<br />

Thanks and please contact me if you have any questions.<br />

Matt Pillard, AICP<br />

Environmental Planner<br />

HDR | ONE COMPANY | Many Solutions Sol<br />

8404 Indian Hills Drive | Omaha, NE | 68114-4098<br />

Phone: 402.399.1186 | Cell: 402.689.5187| Fax: 402.399.1111<br />

Email: Matt.Pillard@hdrinc.com


August 4, 2008<br />

Jim Gates<br />

Re: <strong>Loup</strong> River Hydroelectric Project Relicensing<br />

FERC Project No. 1256<br />

Dear Jim,<br />

Thank you again for your comment regarding your property along the <strong>Loup</strong> River bypass reach. We have looked into the<br />

issue of erosion caused by the river and whether anything can be done to stop or reverse this process.<br />

Erosion and accretion are natural occurrences caused by the flow of a river. Erosion is the wearing away of the land<br />

surface by water, wind, ice, or other geologic agents, while accretion is the increase of land by gradual deposit of water<br />

borne solid materials. The extent of erosion and accretion depends on various channel characteristics and flows in the<br />

river.<br />

The bypassed reach of the <strong>Loup</strong> River is a sand and gravel bed channel which displays braided and meandering<br />

characteristics. The river bed of a braided system is typically divided into a series of channels divided by islands and<br />

sandbars while a meandering system is characterized by a series of alternating changes in channel direction, or bends.<br />

Both conditions are formed by natural erosion and accretion. Because erosion and accretion are natural occurrences, the<br />

<strong>District</strong> cannot control these processes. However, there is a process to account for erosion and accretion related to<br />

property taxes.<br />

Nebraska state law allows for re-evaluation of the boundary of properties adjacent to rivers. Platte County is currently<br />

revising their process to review properties adjacent to rivers to account for erosion and accretion. Please contact the<br />

Platte County assessor for additional information related to property taxes.<br />

Sincerely,<br />

Neal D. Suess, P.E.<br />

President/CEO


August 4, 2008<br />

Robert Mohler<br />

Lower <strong>Loup</strong> Natural Resources <strong>District</strong><br />

P.O. Box 210<br />

Ord, NE 68862<br />

Re: <strong>Loup</strong> River Hydroelectric Project Relicensing<br />

FERC Project No. 1256<br />

Dear Robert<br />

Thank you for your comment on the <strong>Loup</strong> <strong>Power</strong> <strong>District</strong> Hydro Project. You raised some good points in your 7/30/08 email.<br />

We have the 1992 revised cross-sections for the revised Flood Insurance Study for Columbus. However, we do not<br />

have the step-backwater runs from the <strong>Loup</strong> River Levee construction and will contact the City to get them.<br />

If you have any questions or need additional information, please contact Ron Ziola or myself at (402) 564-3171. Again,<br />

we appreciate your input.<br />

Sincerely,<br />

Neal D. Suess, P.E.<br />

President/CEO


From: Pillard, Matt<br />

To: King, Wendy<br />

Cc: Richardson, Lisa (Omaha)<br />

Subject: FW: Re: <strong>Loup</strong> Hydro Project - Agency Meeting: Study Needs Continued<br />

Date: Thursday, August 07, 2008 8:19:37 AM<br />

-----Original Message-----<br />

From: "Jeff Schuckman" <br />

To: "Pillard, Matt" <br />

Cc: "Dave Tunink" <br />

Date: Thu, 31 Jul 2008 17:48:44 -0500<br />

Subject: Re: <strong>Loup</strong> Hydro Project - Agency Meeting: Study Needs Continued<br />

Matt,<br />

One study need NGPC has is concerning fish passage upstream through the <strong>Loup</strong> diversion. A<br />

tagging/sampling study is needed to determine the extent of fish passage. This does tie in to the<br />

dewatering issues of the <strong>Loup</strong> River below the diversion and should be considered as an integral part<br />

of the project evaluation during various flow scenarios. Tagged fish (sonic or conventional tagging)<br />

can be followed through the LPPD project area to evaluate upstream migration success and/or fish<br />

species assemblages above and below should be sampled for relative abundance and size stucture.<br />

Jeff Schuckman<br />

<strong>District</strong> III Fish Mgt Supv<br />

Norfolk, NE


From: Pillard, Matt<br />

To: Anna Baum; Barb Friskopp; Bobbie Kriz-Wickham; Butch Koehlmoos; Curt Alms; Dan Nitzel; Dave Tunink;<br />

David Jundt; Frank Albrecht; Henry Santin; Jason Alexander; Jean Angell; Jeff Schuckman; Jerry Kenny; Joe<br />

Cothern; John Bender; John Shadle; Joseph Mangiamelli; Justin Lavene; Lacie Andreason; Mark Czaplewski;<br />

Mary Bomberger-Brown; Randy Thoreson; Richard Hadenfeldt; Robert Harms; Robert Mohler; Robert<br />

Puschendorf; Rodney Verhoeff; Stacy Stupka-Burda; Steve Chick<br />

Subject: <strong>Loup</strong> Hydro Project - 7/24 Meeting minutes and 8/19 Meeting Agenda<br />

Date: Wednesday, August 13, 2008 7:40:11 AM<br />

Good morning.<br />

The meeting minutes for the July 24th meeting will be posted to the project web site today. In addition,<br />

the agenda for our August 19 meeting has also been posted. See the address below:<br />

http://www.loup.com/relicense/html/meetings.html.<br />

As a reminder, the August 19 meeting will be from 10:00 to 2:00 (lunch will be provided) in the Seven<br />

Seas Room at the New World Inn & Conference Center, 265 33rd Ave., in Columbus.<br />

If you haven't already, please let me know today or tomorrow if you and/or other representatives from<br />

your agency/organization will be able to attend. Thank you to all of you who have already replied.<br />

Thanks and please contact me if you have any questions.<br />

Matt Pillard, AICP<br />

Environmental Planner<br />

HDR | ONE COMPANY | Many Solutions Sol<br />

8404 Indian Hills Drive | Omaha, NE | 68114-4098<br />

Phone: 402.399.1186 | Cell: 402.689.5187| Fax: 402.399.1111<br />

Email: Matt.Pillard@hdrinc.com


Selzle, Lydia<br />

From: Shadle, John J. [jjshadl@nppd.com]<br />

Sent: Wednesday, August 13, 2008 10:11 AM<br />

To: Pillard, Matt<br />

Subject: RE: <strong>Loup</strong> Hydro Project ) 7/24 Meeting minutes and 8/19 Meeting Agenda<br />

I took a quick looks at the June 25th meeting notes. I think you captured NPPD issue pretty well (page 2), however we<br />

are also interested in any future limitations on project operations as might results from the relicensing process. Maybe<br />

that is implied in your notes (page 6)? Also I believe Dave Tunick of the NGPC reported back form the Recreation group,<br />

not Gene Zurline?<br />

From: Pillard, Matt [mailto:Matt.Pillard@hdrinc.com]<br />

Sent: Wednesday, August 13, 2008 7:40 AM<br />

To: Anna Baum; Barb Friskopp; Bobbie Kriz+Wickham; Butch Koehlmoos; Curt Alms; Dan Nitzel; Dave Tunink; David<br />

Jundt; Frank Albrecht; Henry Santin; Jason Alexander; Jean Angell; Jeff Schuckman; Jerry Kenny; Joe Cothern; John<br />

Bender; Shadle, John J.; Joseph Mangiamelli; Justin Lavene; Lacie Andreason; Czaplewski,, Mark+ CPNRD; Mary<br />

Bomberger+Brown; Randy Thoreson; Richard Hadenfeldt; Robert Harms; Robert Mohler; Robert Puschendorf; Rodney<br />

Verhoeff; Stacy Stupka+Burda; Steve Chick<br />

Subject: <strong>Loup</strong> Hydro Project + 7/24 Meeting minutes and 8/19 Meeting Agenda<br />

Good morning.<br />

The meeting minutes for the July 24th meeting will be posted to the project web site today. In addition, the agenda for our<br />

August 19 meeting has also been posted. See the address below:<br />

http://www.loup.com/relicense/html/meetings.html.<br />

As a reminder, the August 19 meeting will be from 10:00 to 2:00 (lunch will be provided) in the Seven Seas Room at the<br />

New World Inn & Conference Center, 265 33rd Ave., in Columbus.<br />

If you haven't already, please let me know today or tomorrow if you and/or other representatives from your<br />

agency/organization will be able to attend. Thank you to all of you who have already replied.<br />

Thanks and please contact me if you have any questions.<br />

Matt Pillard, AICP<br />

Environmental Planner<br />

HDR | ONE COMPANY | Many Solutions Sol<br />

8404 Indian Hills Drive | Omaha, NE | 68114)4098<br />

Phone: 402.399.1186 | Cell: 402.689.5187| Fax: 402.399.1111<br />

Email: Matt.Pillard@hdrinc.com<br />

1


August 13, 2008<br />

Mary Bomberger Brown<br />

Program Coordinator<br />

Temand Plover Conservation <strong>Part</strong>nership<br />

153C Hardin Hall<br />

3310 Holdredge Street<br />

Lincoln, NE 68503-0931<br />

Subject: Request for interior least tern and piping plover data<br />

Dear Ms. Bomberger Brown: .<br />

<strong>Loup</strong> <strong>Power</strong> <strong>District</strong> (LPD) intends to file a Notice ofIntent with the Federal<br />

EnergyRegulatory Commission (FERC) in October 2008 to begin the relicensing<br />

process for the hydroelectric facilities located near Columbus, Nebraska.<br />

HDR Engineering, Inc. (HDR) is acting on behalf ofthe <strong>Loup</strong> Public <strong>Power</strong><br />

<strong>District</strong> in gathering information on potential issues of concern regarding the<br />

reIicensing of the <strong>Loup</strong> River Hydroelectic Project. Based on Melissa<br />

Marinovich's discussion with you, HDR requests the following information on<br />

interior least terns and piping plovers which may be applicable to the project:<br />

<strong>Loup</strong> <strong>Power</strong> <strong>District</strong> settling basin and sand pile:<br />

1. Population counts for all years available, dating back to ·1999<br />

2. Arrival/departure dates for the birds from 1999-2008<br />

3. Estimated nesting dates for all nests recorded at this site from 1999-2008<br />

4. Nesting success for all nests recorded at this site from 1999-2008<br />

<strong>Loup</strong> River bypass (from diversion structure/canal entrance to confluence with the<br />

Platte River):<br />

1. Population counts for all years available, dating back to 1999<br />

2. Arrival/departure dates for the birds from 1999-2008<br />

3. Estimated nesting dates for all nests recorded at this site from 1999-2008<br />

4. Nesting success for all nests recorded at this site from 1999-2008<br />

Platte River from <strong>Loup</strong> Canal confluence to North Bend:<br />

1. Population counts for all years available, dating back to 1999 .<br />

2. Arrival/departure dates for the birds from 1999-2008<br />

HDR Engineering. Inc. 8404 Indian Hills Drive<br />

Omaha, NE 68114-4098<br />

Phone (402) 399-1000<br />

Fax: i402) 399-1238<br />

www.hdrinc.com


Selzle, Lydia<br />

From: Marinovich, Melissa<br />

Sent: Wednesday, August 13, 2008 2:02 PM<br />

To: 'mbrown9@unl.edu'<br />

Cc: Richardson, Lisa (Omaha); Pillard, Matt<br />

Subject: Request for tern and plover data<br />

Attachments: LT&PCP.081308.MaryBomberger_request4data.pdf<br />

Hi Mary,<br />

I just wanted to thank you again for taking the time to meet with me a few weeks ago. It was excellent to learn more about<br />

what your organization does, as well as discuss information on the terns and plovers and how it relates to the <strong>Loup</strong> <strong>Power</strong><br />

<strong>District</strong>’s operations. I also hope I can be of some assistance to your organization next year on a volunteer basis. As per<br />

our discussion, I have attached a letter from HDR requesting your assistance in obtaining some specific data and survey<br />

information. We are copying this letter to Joel Jorgenson at the Nebraska Game and Parks Commission, as we realize<br />

that much of the data we are requesting is shared with and collected by this state agency in cooperation with your<br />

organization. We are sending a paper copy of this letter through U.S. Postal Service for your files. If there is any way that I<br />

can be of assistance in the compilation of this data or if you have any further questions or concerns, please feel free to<br />

contact me. Thanks again!<br />

Melissa Marinovich<br />

Environmental Scientist<br />

HDR ONE COMPANY | Many Solutions<br />

8404 Indian Hills Drive | Omaha, NE | 68114D4098<br />

Phone: 402.399.1317 | Fax: 402.399.1111<br />

Email: melissa.marinovich@hdrinc.com<br />

1


Concern to be addressed in the FERC relicensing of <strong>Loup</strong> Public <strong>Power</strong> <strong>District</strong><br />

Presented by the Nebraska Department of Natural Resources<br />

The suspension of diversion out of the <strong>Loup</strong> River into the <strong>Loup</strong> River <strong>Power</strong> Canal<br />

when frazil ice is present may cause flooding in the Lower Platte River basins.<br />

Background<br />

In March of 1993, severe flooding occurred along the south side of the <strong>Loup</strong> River at<br />

Columbus, due to an ice jam, causing millions of dollars worth of damage. In response,<br />

the Federal Emergency Management Agency (FEMA), Region VII, formed an<br />

Interagency Hazard Mitigation Team to review this event and others, and suggest<br />

measures which might be implemented to mitigate similar events in the future. The US<br />

Corps of Engineers (USCE) studied ice jam flooding in the Lower Platte River basins and<br />

published a report* for the State of Nebraska Civil Defense Agency and Natural<br />

Resources Commission in July of 1994.<br />

The USCE noted that recurring ice jams take place on the <strong>Loup</strong> River between Genoa<br />

and Columbus. Local residents expressed the opinion that the fluctuations in the <strong>Loup</strong><br />

River <strong>Power</strong> Canal diversions cause or exacerbate ice jams downstream of the canal<br />

diversion. The USCE would not definitively conclude that diversion fluctuations cause<br />

ice jam flooding because of the lack of detailed historical data. However, the USCE<br />

suggested an ice data collection program for input into a predictive ice jam model. Since<br />

that time, the Nebraska Department of Natural Resources has collected ice data for an ice<br />

jam prediction model.<br />

Besides the collection of ice data, the USCE recommended a study to evaluate the impact<br />

of the operation of the <strong>Loup</strong> <strong>Power</strong> Canal on downstream ice conditions. Such study has<br />

not been conducted.<br />

* USCE published a subsequent report on the subject in 1996<br />

which can be found on the Department of Natural Resources<br />

website at http://dnr.ne.gov/floodplain/flood/SR96_01.pdf.


Selzle, Lydia<br />

From: Angell, Jean [jean.angell@nebraska.gov]<br />

Sent: Thursday, August 14, 2008 5:56 PM<br />

To: Pillard, Matt; Anna Baum; Barb Friskopp; Wickham, Bobbie; Butch Koehlmoos; Curt Alms;<br />

Dan Nitzel; Dave Tunink; David Jundt; Frank Albrecht; Henry Santin; Jason Alexander; Jeff<br />

Schuckman; Jerry Kenny; Joe Cothern; Bender, John; John Shadle; Joseph Mangiamelli;<br />

Lavene, Justin; Lacie Andreason; Mark Czaplewski; Mary Bomberger8Brown; Randy<br />

Thoreson; Richard Hadenfeldt; Robert Harms; Robert Mohler; Bob Puschendorf Jr; Rodney<br />

Verhoeff; Stacy Stupka8Burda; Steve Chick<br />

Subject: RE: <strong>Loup</strong> Hydro Project 8 7/24 Meeting minutes and 8/19 Meeting Agenda<br />

Attachments: ConcernFlooding issue.doc<br />

The Department of Natural Resources wishes to present an additional issue at the August 19, 2008 meeting.<br />

Please see the attached memo. Thank you.<br />

Jean Angell<br />

Legal Counsel<br />

Department of Natural Resources<br />

471(3931<br />

From: Pillard, Matt [mailto:Matt.Pillard@hdrinc.com]<br />

Sent: Wednesday, August 13, 2008 7:40 AM<br />

To: Anna Baum; Barb Friskopp; Wickham, Bobbie; Butch Koehlmoos; Curt Alms; Dan Nitzel; Dave Tunink; David Jundt;<br />

Frank Albrecht; Henry Santin; Jason Alexander; Angell, Jean; Jeff Schuckman; Jerry Kenny; Joe Cothern; Bender, John;<br />

John Shadle; Joseph Mangiamelli; Lavene, Justin; Lacie Andreason; Mark Czaplewski; Mary Bomberger7Brown; Randy<br />

Thoreson; Richard Hadenfeldt; Robert Harms; Robert Mohler; Bob Puschendorf Jr; Rodney Verhoeff; Stacy Stupka7Burda;<br />

Steve Chick<br />

Subject: <strong>Loup</strong> Hydro Project 7 7/24 Meeting minutes and 8/19 Meeting Agenda<br />

Good morning.<br />

The meeting minutes for the July 24th meeting will be posted to the project web site today. In addition, the agenda for our<br />

August 19 meeting has also been posted. See the address below:<br />

http://www.loup.com/relicense/html/meetings.html.<br />

As a reminder, the August 19 meeting will be from 10:00 to 2:00 (lunch will be provided) in the Seven Seas Room at the<br />

New World Inn & Conference Center, 265 33rd Ave., in Columbus.<br />

If you haven't already, please let me know today or tomorrow if you and/or other representatives from your<br />

agency/organization will be able to attend. Thank you to all of you who have already replied.<br />

Thanks and please contact me if you have any questions.<br />

Matt Pillard, AICP<br />

Environmental Planner<br />

HDR | ONE COMPANY | Many Solutions Sol<br />

8404 Indian Hills Drive | Omaha, NE | 6811484098<br />

Phone: 402.399.1186 | Cell: 402.689.5187| Fax: 402.399.1111<br />

Email: Matt.Pillard@hdrinc.com<br />

1


Selzle, Lydia<br />

From: Pillard, Matt<br />

Sent: Thursday, August 14, 2008 4:35 PM<br />

To: Richardson, Lisa (Omaha); Engelbert, Pat; Sigler, Bill; Waldow, George<br />

Subject: FW: <strong>Loup</strong> Hydro Project 0 7/24 Meeting minutes and 8/19 Meeting Agenda<br />

-----Original Message-----<br />

From: Robert_Harms@fws.gov [mailto:Robert_Harms@fws.gov]<br />

Sent: Thursday, August 14, 2008 4:24 PM<br />

To: Pillard, Matt<br />

Cc: frank.albrecht@ngpc.ne.gov; jangell@dnr.ne.gov; jeff_runge@fws.gov;<br />

Donald_Anderson@fws.gov; Martha_Tacha@fws.gov<br />

Subject: RE: <strong>Loup</strong> Hydro Project - 7/24 Meeting minutes and 8/19 Meeting Agenda<br />

Matt:<br />

I agree that as we become familiar with <strong>Loup</strong> <strong>Power</strong> <strong>District</strong> operations, additional affects on<br />

fish and wildlife resources may become apparent. For example, the following are items I<br />

would like to discuss at the next meeting as concerns:<br />

Lost Creek siphon and changes in hydrology in Lost Creek due to tail<br />

race flows<br />

<strong>Power</strong>lines and their potential to result in electrocution and/or<br />

collisions of migratory birds<br />

PCBs<br />

Changes in sediment/flow discharge below the canal diversion and its<br />

affects on ice jam development on the <strong>Loup</strong> and Platte rivers.<br />

I also request that an additional item be put on the agenda: Agency Information Needs.<br />

Additional information needs include the FERC project boundaries, original license articles,<br />

number of subordinate agreements, acre-feet of water provided by subordinate agreements, etc.<br />

Jean Angel (DNR), leader of the water rights work group (of which the FWS is a member) has<br />

several information requests which are essential in order for the work group to make<br />

progress.<br />

If you have any questions or need clarifications, please contact me on my cell phone (308)<br />

390-0871. Thanks.<br />

Bob<br />

Robert R. Harms<br />

Fish and Wildlife Biologist<br />

U.S. Fish and Wildlife Service<br />

203 West Second Street<br />

Grand Island, Nebraska 68801<br />

Phone: 308-382-6468, Extension 17<br />

Fax: 308-384-8835<br />

robert_harms@fws.gov<br />

"Pillard, Matt"<br />


Concern to be addressed in the FERC relicensing of <strong>Loup</strong> Public <strong>Power</strong> <strong>District</strong><br />

Presented by the Nebraska Department of Natural Resources<br />

The suspension of diversion out of the <strong>Loup</strong> River into the <strong>Loup</strong> River <strong>Power</strong> Canal<br />

when frazil ice is present may cause flooding in the Lower Platte River basins.<br />

Background<br />

In March of 1993, severe flooding occurred along the south side of the <strong>Loup</strong> River at<br />

Columbus, due to an ice jam, causing millions of dollars worth of damage. In response,<br />

the Federal Emergency Management Agency (FEMA), Region VII, formed an<br />

Interagency Hazard Mitigation Team to review this event and others, and suggest<br />

measures which might be implemented to mitigate similar events in the future. The US<br />

Corps of Engineers (USCE) studied ice jam flooding in the Lower Platte River basins and<br />

published a report* for the State of Nebraska Civil Defense Agency and Natural<br />

Resources Commission in July of 1994.<br />

The USCE noted that recurring ice jams take place on the <strong>Loup</strong> River between Genoa<br />

and Columbus. Local residents expressed the opinion that the fluctuations in the <strong>Loup</strong><br />

River <strong>Power</strong> Canal diversions cause or exacerbate ice jams downstream of the canal<br />

diversion. The USCE would not definitively conclude that diversion fluctuations cause<br />

ice jam flooding because of the lack of detailed historical data. However, the USCE<br />

suggested an ice data collection program for input into a predictive ice jam model. Since<br />

that time, the Nebraska Department of Natural Resources has collected ice data for an ice<br />

jam prediction model.<br />

Besides the collection of ice data, the USCE recommended a study to evaluate the impact<br />

of the operation of the <strong>Loup</strong> <strong>Power</strong> Canal on downstream ice conditions. Such study has<br />

not been conducted.<br />

* USCE published a subsequent report on the subject in 1996<br />

which can be found on the Department of Natural Resources<br />

website at http://dnr.ne.gov/floodplain/flood/SR96_01.pdf.


<strong>Loup</strong> <strong>Power</strong> <strong>District</strong><br />

Columbus, NE<br />

P.O. Box 988<br />

2404 15 th Street<br />

Columbus, NE 68602-0988<br />

Meeting Notes<br />

Project: <strong>Loup</strong> River Hydroelectric Project<br />

FERC Project No. 1256<br />

Subject:<br />

Meeting<br />

Agency Follow-up Meeting – Study Needs Continued<br />

August 19, 2008, 10:00 am – 2:00 pm Meeting Location: New World Inn, Columbus, NE<br />

Date:<br />

Notes by: HDR<br />

Attendees: See Attached<br />

Meeting Agenda:<br />

1. Welcome/Introductions<br />

2. Workgroup Reports<br />

3. Continuation of Issues and Potential Study Discussion<br />

4. Supplementary Issues Discussion<br />

5. Agency Information Needs<br />

6. Next Steps<br />

Discussion:<br />

1. Welcome/Introductions<br />

All in attendance introduced themselves. Project notebooks were distributed to new attendees, the<br />

meeting packet of information was explained, and the agenda for the meeting was discussed.<br />

2. Workgroup Reports<br />

HDR explained that neither workgroup had met since the July 24 th agency meeting. The Water Rights<br />

Workgroup intends to reconvene when the workgroup receives requested water rights information from<br />

<strong>Loup</strong> <strong>Power</strong> <strong>District</strong> (<strong>District</strong>) (see Section 5 - Agency Information Needs). The National Park Service<br />

(NPS) asked if the workgroups could have some time at the meeting to meet and it was decided that some<br />

time would be set aside during the day’s meeting. The <strong>District</strong> asked to be included on all workgroup<br />

correspondence as a member of those workgroups. Although workgroups are encouraged to meet into the<br />

future, input to the relicensing process would occur after the PAD is available for agency review.<br />

3. Continuation of Issues and Potential Studies Discussion<br />

Flow Depletion in the By-Pass Reach<br />

It was discussed that the amount of flow going past the diversion could affect river morphology and<br />

temperature. The first step is to analyze the data to determine the effects of the <strong>District</strong>’s operations on<br />

river flows and sediment supply. The next step in the process after evaluating sediment and flow is to<br />

identify the corresponding biological response. It was added that the effect of future depletions, while not<br />

a direct Project effect, needs to be considered (reference the DNR Fully Appropriated Basin Report).<br />

USFWS added that, under the Endangered Species Act, the <strong>District</strong>/FERC will need to consider direct<br />

and indirect effects as well as future trends and reference effects to the baseline. It was added that<br />

seasonal quantification of flow is also important, such as flows depleted during irrigation season.<br />

It was discussed that flow affects multiple items, such as sediment transport, and a fundamental<br />

understanding of flow may help evaluate the effects to other resources, such as sand bar development and<br />

erosion. Again, it was noted that the first step is to analyze the data to determine the effects of the<br />

<strong>District</strong>’s operations on river flows and sediment supply. If operational effects are minimal, then the<br />

habitat/biology issues may go away.<br />

Phone (866) 869-2087<br />

Fax (402) 564-0970<br />

www.loup.com<br />

Page 1 of 7


LPD Hydropower Relicensing<br />

FERC Project No. 1256<br />

Agency Meeting – August 19, 2008<br />

It was suggested that evaluation of issues related to the project is moving toward a modeling exercise to<br />

be able to evaluate how the system responds to changes in flows. The USFWS added that a simple model<br />

can be used to evaluate a river system before more detailed modeling is required, the key being to<br />

understand the system at the reach level under past and present flow regimes.<br />

Information relative to how the Headworks Structures work was discussed. In general, diversion is<br />

affected by river flows and existing capacity in the settling basin (dredged verses not-dredged). It is a<br />

manual process requiring certain activities to admit flow, but minimize sedimentation in the basin. It is a<br />

variable process relative to how much and how often the gates can be open. In this particular year, it was<br />

discussed that due to mechanical issues, not as much was dredged as the <strong>District</strong> would have liked before<br />

they had to shut down due to presence of terns and plovers. Therefore, although flows were high in the<br />

<strong>Loup</strong>, the <strong>District</strong> was not able to divert commensurate flow due to too much sediment in the settling<br />

basin.<br />

The availability of data was discussed. It was noted that gage data and rating curves have been requested<br />

from the USGS. This information can be analyzed to help gain an understanding of flow. USGS noted<br />

that they have information on sediment and grain size. It was added that some historical cross-sections<br />

from the 1970s and 1990s are available from the Corps and/or NDNR to assist with understanding<br />

historical river morphology.<br />

Flow Depletion Above the Diversion at Genoa<br />

It was noted that the <strong>District</strong>’s intent for relicensing is to maintain their existing water right of 3,500 cfs<br />

and thus they would not sell their water right to upstream users. The USFWS noted that flow depletion<br />

above the diversion is not a direct project effect, but it affects the future baseline for consideration of<br />

future project effects and needs to be considered when evaluating future conditions. The group agreed<br />

that flow depletions due to upstream use would be part of the baseline for future conditions, and this issue<br />

can be folded into the evaluation of flow depletion of the bypass reach and flow depletion downstream of<br />

the tailrace. The DNR noted that they would like to continue discussions with the <strong>District</strong> for clarification<br />

on this issue.<br />

Flow Depletion on the Platte River System<br />

HDR provided information regarding the water budget for the canal system based on gage and irrigation<br />

data from the last five years:<br />

<strong>Loup</strong> <strong>Power</strong> <strong>District</strong><br />

Columbus, NE<br />

• 8 th Street Gage (1.5 miles upstream of re-entry) – ~1.1 million ac-ft/year<br />

• <strong>Loup</strong> withdrawal at Diversion (skimming weir gage)– ~1.1 million ac-ft/year<br />

• Irrigation withdrawals – 2,000 ac/ft year<br />

• Canal, lake, and settling basin evaporation – 6,000 to 7,000 ac-ft/year<br />

It was noted that there are two commercial withdrawals from the canal [ADM (downstream of 8 th Street)<br />

& Preferred Rocks of Genoa (Preferred) of Genoa (upstream of the skimming wier gage)]; however,<br />

commercial uses are non-consumptive. It was also noted that the evaporative losses are likely less in the<br />

canal than in the bypass reach, based on an average of 120 ft width verses the much wider bypass reach.<br />

The water budget analysis included Lake North/Lake Babcock.<br />

Seepage from the system is estimated at 4 to 5 percent; however, the seepage is likely intercepted by the<br />

Lost Creek flood control project and returned to the canal system as seen by the increases in the flows at<br />

the 8 th Street gauge. It was noted that the total irrigation and evaporation is within the level of accuracy of<br />

P.O. Box 988<br />

2404 15 th Street<br />

Columbus, NE 68602-0988<br />

Phone (866) 869-2087<br />

Fax (402) 564-0970<br />

www.loup.com<br />

Page 2 of 7


LPD Hydropower Relicensing<br />

FERC Project No. 1256<br />

Agency Meeting – August 19, 2008<br />

the gages. Overall, HDR’s initial studies suggest that the canal is a relatively closed system with<br />

essentially no net loss.<br />

Other inflows were asked about. It was provided that there are a few locations where small local drainage<br />

areas drain to the canal. The <strong>District</strong> is getting those quantified, but the canal system is pretty close to<br />

flow-through system.<br />

It was noted by the USFWS that based on this preliminary discussion, the data used for determining the<br />

water budget may be sufficient but, as USFWS has not yet reviewed the methodology, they are not yet<br />

prepared to endorse HDR’s conclusions. The USFWS asked if the water budget report would be made<br />

available for review prior to issuing the PAD. It was discussed that while it would be more efficient to<br />

have agency input on the report prior to the PAD being issued, there would likely not be time for a<br />

preliminary review. It was understood that USFWS may have comments that would need to be addressed<br />

after the PAD has been submitted.<br />

Although HDR’ initial studies suggest that the water budget shows that the canal system does not<br />

contribute to flow depletions on the Platte River, USFWS does not yet endorse this conclusion and also<br />

noted that Project operations may have a more pronounced affect on the Platte River as flows on the<br />

Platte are reduced over time.<br />

Hydraulic Habitat Connectivity & Distribution and Vegetation Species Composition and<br />

Distribution<br />

These items were discussed as sub-sets of the broader issues of sediment budgets and flows. A conceptual<br />

understanding of sediment budget and the impacts on morphology are needed as a framework for further<br />

evaluation of habitat issues.<br />

Dredging and Discharge at the Settling Basin<br />

It was discussed that there are two main categories associated with this issue: overcovering of tern and<br />

plover nests and fish entrainment/entrapment.<br />

Overcovering of Nests<br />

HDR provided details on <strong>District</strong> protocols relative to dredging and the birds.<br />

<strong>Loup</strong> <strong>Power</strong> <strong>District</strong><br />

Columbus, NE<br />

• Dredging has no impact on the birds unless <strong>Loup</strong> is discharging on the north side of the Settling<br />

Basin<br />

• <strong>District</strong> personnel watch closely for the arrival of the first birds of the season<br />

• When the <strong>District</strong> personnel are checking the dredge discharge pipe lines, and the birds simulate<br />

being injured, the <strong>District</strong> will contact the USFWS or the Tern and Plover <strong>Part</strong>nership. At this<br />

time the <strong>District</strong> will also begin to make plans to stop dredging very soon because they know this<br />

is a nesting sign. Typically this is early June when dredging is stopped for bird nesting.<br />

• Dredging is stopped until mid-late August with start-up resuming on the south side of the Settling<br />

Basin.<br />

• Nesting areas are protected prior to stoppage of dredging by establishing a sand berm/cut trees<br />

positioned to divert the dredge water and protect the nesting colonies. This has worked well for<br />

the <strong>District</strong> over the years.<br />

• This Bird Protection process has been in place prior to the current headwork’s supervisor’s<br />

employment, which was the late 90’s and he believes the protection was initiated in the early<br />

1990’s.<br />

P.O. Box 988<br />

2404 15 th Street<br />

Columbus, NE 68602-0988<br />

Phone (866) 869-2087<br />

Fax (402) 564-0970<br />

www.loup.com<br />

Page 3 of 7


LPD Hydropower Relicensing<br />

FERC Project No. 1256<br />

Agency Meeting – August 19, 2008<br />

The Tern and Plover <strong>Part</strong>nership added that sediment size is the key for nesting locations. They primarily<br />

nest between outlet pipes 9 and 14. This is the area that is bermed for protection. In addition, the slurry<br />

and resultant mud flats from dredging operations are good foraging areas. Bird numbers were fairly good<br />

this year. It was noted that there were no nests on the <strong>Loup</strong> River due to extended high water and that the<br />

sand pile provided a critical area for nesting.<br />

USFWS asked about the MOU with Preferred. It was provided that the participating members of the<br />

MOU are Preferred, NGPC, and USFWS. The <strong>District</strong> and the Tern and Plover <strong>Part</strong>nership, are<br />

cooperating parties to the MOU. The USFWS stated that as a signatory, they were OK with all conditions<br />

in the MOU.<br />

USFWS agreed that there doesn’t appear to be anything to study regarding overcovering of nests.<br />

However, there may be ways to improve the situation through the Adaptive Management Plan. The<br />

USFWS noted that the management plan may be discussed as part of the section 7 consultation.<br />

Fish Entrainment/Entrapment<br />

NGPC asked if any monitoring has been done to identify the types or quantity of species that dredging<br />

operations affect – no studies have been done, but the majority of fish observed on the sandpile are small<br />

minnows and shiners. The Tern and Plover <strong>Part</strong>nership noted that the birds like beak length food or<br />

longer and that the dredging operations provide a good food source for the birds.<br />

The Tern and Plover <strong>Part</strong>nership asked why dredging must occur the way it does. The <strong>District</strong> explained<br />

that in the spring, the southeast corner of the settling basin is the only place deep enough to start the<br />

dredge and they work upstream towards the intake structure. They dredge a section on the south side and<br />

then move to the north side as they move west up the settling basin.<br />

It was discussed that as there were no indications that dredging activities are depleting the fish population<br />

or negatively affecting the birds; therefore, entrainment and entrapment of fish may not be an issue.<br />

Economic Value<br />

NPPD noted that the <strong>District</strong> sells all of the power produced by the hydroelectric project to NPPD. It was<br />

discussed that the following items were important for consideration:<br />

<strong>Loup</strong> <strong>Power</strong> <strong>District</strong><br />

Columbus, NE<br />

• Changes in operations and effect on economics<br />

• Value of water bypassed for species protection verses used for Project purposes<br />

• Value of peaking ability<br />

• Value of irrigation from the canal<br />

• Recreational value to Platte & Nance counties and Columbus<br />

• Aesthetic value<br />

• Employment value of the hydroelectric project<br />

• Incremental effects on the economy<br />

• Cost of operations compared to net value of benefits<br />

Fish Passage<br />

The NGPC noted that the question relative to fish passage is how much of a barrier is the diversion<br />

structure. The goal of a study would be to determine the extent of the barrier to fish passage.<br />

They elaborated that one way to do this was through tagging. Specifically, they are interested in channel<br />

catfish and flathead catfish as highly valued sport fish, smaller species may also be a concern. If the<br />

diversion is determined to be a barrier, a bypass may be needed.<br />

P.O. Box 988<br />

2404 15 th Street<br />

Columbus, NE 68602-0988<br />

Phone (866) 869-2087<br />

Fax (402) 564-0970<br />

www.loup.com<br />

Page 4 of 7


LPD Hydropower Relicensing<br />

FERC Project No. 1256<br />

Agency Meeting – August 19, 2008<br />

HDR asked if a distribution sample of species above and below would identify if species are equally<br />

distributed above and below the diversion. NGPC said that would be a starting point. However, there<br />

could be an isolating effect on catfish because they migrate upstream to spawn. If the diversion is a<br />

barrier to this, there may be a decline in the species upstream.<br />

Types of fish passages were discussed. NGPC added that it is important to focus on a species when<br />

considering fish passage and it is too early to speculate on the type or probable success of fish passages.<br />

4. Supplementary Issues<br />

Prior to the meeting, USFWS had provided a list that included the following supplementary issues for<br />

discussion. The USFWS indicated that they would provide a supplement to their Technical Advisory<br />

Letter to include these issues.<br />

<strong>Power</strong> Lines and Migratory Birds<br />

It was noted that all transmission lines connecting with the Project are owned by NPPD. USFWS asked<br />

about past work orders that were discussed at <strong>District</strong> board meetings regarding replacement of power<br />

poles. The <strong>District</strong> provided that it sells the hydropower to NPPD, and the <strong>District</strong> then buys power back<br />

from NPPD to distribute to their customers. The power lines that the <strong>District</strong> has are not part of the<br />

relicensing. It was noted that NPPD has an easement for its transmission lines on <strong>District</strong> property.<br />

Therefore, power lines would remain with or without the relicensing project.<br />

The USFWS provided that the issue would be listed in their Technical Advisory letter for the <strong>District</strong> to<br />

respond to, but may not be an issue.<br />

Water Quality<br />

The USFWS provided that as they learn more about the Project, new issues may arise and the need to<br />

supplement the Technical Advisory letter may occur. The USFWS’ questions about water quality,<br />

especially Project area waterbody impairments by E coli, nutrients, and PCBs and reasons for concern<br />

were discussed.<br />

It was discussed that the source for nutrient impairment in Lake North/Lake Babcock was unknown but<br />

NDEQ is working with the <strong>District</strong> to identify other potential in-flows to the canal system.<br />

The data available for PCBs is fish tissue data from the power canal. The USFWS noted that the <strong>District</strong><br />

had issued a work order to replace a transformer containing insulating oil with PCBs and noted that PCBs<br />

had been found in fish caught in the canal. Although no source has been identified, the <strong>District</strong> canal<br />

system is the furthest known upstream location in the lower Platte River/<strong>Loup</strong> River basin with PCB<br />

contamination. There is no history of sediment sampling for PCBs in the Project area. It was noted by<br />

USFWS that either: 1) the source of the contamination is located within the Project area, or b)<br />

contaminated fish migrated from the lower Platte River into the canal system. It was noted that both the<br />

USGS and NDEQ have sampled water and fish tissue for PCBs either within or near the Project area. The<br />

<strong>District</strong> provided that no information has been requested from them.<br />

It was discussed that PCBs were prevalent in the use of transformers 1940-1970. The NDEQ added that<br />

PCBs are a legacy contaminant that will be around for decades. However, overall, there is a decreasing<br />

trend in PCB level in the environment.<br />

<strong>Loup</strong> <strong>Power</strong> <strong>District</strong><br />

Columbus, NE<br />

P.O. Box 988<br />

2404 15 th Street<br />

Columbus, NE 68602-0988<br />

Phone (866) 869-2087<br />

Fax (402) 564-0970<br />

www.loup.com<br />

Page 5 of 7


LPD Hydropower Relicensing<br />

FERC Project No. 1256<br />

Agency Meeting – August 19, 2008<br />

The USFWS provided that PCBs are a concern because they can be toxic to humans and wildlife,<br />

including threatened & endangered species. They added that fish tissue samples are good indicators of<br />

PCBs. Specifically, PCBs are a concern for pallid sturgeon all the way down in the lower Platte River. A<br />

study conducted by the Service identified PCBs as a contaminant of concern in shovelnose sturgeon from<br />

the lower Platte River and it is presumed that pallid sturgeon life history characteristics likely place them<br />

at greater risk than shovelnose sturgeon to reproductive effects from exposure to PCBs. Terns and<br />

plovers may also be impacted by PCBs because of their foraging habits. The USFWS provided that<br />

segments of the Platte River downstream from the Project are also listed for PCBs. However, it is<br />

unknown whether the power canal is a possible source.<br />

Possible ways to study this issue would be to identify all possible sources of PCBs and perform sediment<br />

sampling of the canal to determine if the canal is a source.<br />

Ice Jams<br />

The DNR and USFWS both noted that the <strong>District</strong>’s operations may affect ice jams. The DNR cited a<br />

report from the Corps of Engineers regarding the March 1993 flood on the <strong>Loup</strong> River that indicated that<br />

the affect of the <strong>District</strong>’s operation on ice jams is unknown and that a study of this affect would be<br />

beneficial. It was provided by DNR that in past studies performed by the Corps, it was decided that there<br />

was not good information. The DNR has 12 years of data on the river and the Corps suggested models be<br />

developed to help determine the occurrence and location of ice jams. The report suggested that frazil ice<br />

combined with river morphology of the bypass reach is creating problems. The report suggested that the<br />

<strong>District</strong> look at maintenance issues and operations. It was also discussed that the report notes (page 15)<br />

that the Project may affect the flow and sediment regime which may also have impacted ice formation<br />

and transport processes.<br />

Information relative to the formation of frazil ice was provided and the <strong>District</strong>’s experience was that it<br />

was more prevalent at Columbus. Frazil ice is formed underwater on <strong>District</strong> structures when subzero air<br />

temperatures, wind & turbulence create super cooled water which then forms needle shaped crystals of<br />

ice. This crystal slush is not particularly buoyant and can extend throughout the water column. It can<br />

attach to metal screens and very quickly close off flow at pump stations, hydros, and water intakes.<br />

The USFWS noted that ice jams and habitat forming flows are good for terns and plovers because they<br />

scrub vegetation off of sandbars used for nesting and foraging. However, destruction of property is not<br />

desirable. The DNR noted that their concern with ice jams revolves around floodplain management and<br />

potential loss of human life.<br />

Lost Creek<br />

USFWS requested information relative to hydrology of Lost Creek. The <strong>District</strong> noted that there is a drain<br />

in the tailrace in which the <strong>District</strong> discharges water for cattle based on a landowner agreement from<br />

when the canal was built. It was noted that the hydrology of Lost Creek changed dramatically after the<br />

Corps constructed the Lost Creek flood control ditch.<br />

5. Agency Information Needs<br />

Several agencies have requested additional information to assist with their understanding of the <strong>Loup</strong><br />

River Hydroelectric project. The agency information needs discussed at the meeting were:<br />

• USFWS & NPS requested a map showing FERC boundaries for the Project (digital format if<br />

possible) – It was discussed that this information is currently being prepared for inclusion in the<br />

PAD. HDR and the <strong>District</strong> will investigate if these can be posted separately on the website but<br />

would not be available prior to the PAD.<br />

<strong>Loup</strong> <strong>Power</strong> <strong>District</strong><br />

Columbus, NE<br />

P.O. Box 988<br />

2404 15 th Street<br />

Columbus, NE 68602-0988<br />

Phone (866) 869-2087<br />

Fax (402) 564-0970<br />

www.loup.com<br />

Page 6 of 7


LPD Hydropower Relicensing<br />

FERC Project No. 1256<br />

Agency Meeting – August 19, 2008<br />

• USFWS requested a copy of the existing license articles<br />

• USFWS requested information relative to hydrology of Lost Creek at the tailrace including: a)<br />

when water is released into lost creek, b) purpose for releasing water, c) quantities of water<br />

released.<br />

• USFWS requested locations where small local drainage areas drain to the Project’s canal system.<br />

• DNR and USFWS requested information from the <strong>District</strong> relative to calculation of Just<br />

Compensation agreements which include: a) number of agreements, b) points of diversion, c)<br />

times of diversion, d) quantity of water diverted e) compensation costs on a per acre-foot basis, f)<br />

estimated power produced per acre-foot<br />

• DNR requested the agreement between NGPC and the <strong>District</strong> to release water for protection of<br />

species in the <strong>Loup</strong> River bypass reach – it was noted that there is no formal agreement for this<br />

practice.<br />

• DNR and USFWS requested copies of all of the <strong>District</strong>’s agreements with entities made since<br />

the inception of the project, particularly agreements pertaining to irrigation or water. (DNR<br />

provided a list of known irrigators with water rights at the diversion).<br />

• DNR requested information on what FERC does if a new license isn’t granted. HDR will furnish<br />

regulation references.<br />

6. Next Steps<br />

HDR provided that all of the information gathered during the agency meetings will be used to develop the<br />

PAD. The PAD will include study concepts for studies that the <strong>District</strong> proposes to conduct. Upon<br />

submittal to FERC, the PAD will be made available to agencies for review. While the PAD is being<br />

reviewed, the <strong>District</strong> will begin development of detailed studies and may contact various agencies for<br />

input. HDR and the <strong>District</strong> noted that it is their intention to continue to meet with agencies and provide<br />

information as needed after the PAD is submitted in order to continue to work through issues and develop<br />

detailed study plans.<br />

Within 90 days after the PAD is submitted, FERC will issue a scoping document and request comments<br />

on the PAD and scoping document. A draft study plan (with details of each study) will be submitted after<br />

the formal comment period ends. Agencies will have several opportunities to comment on the study plan<br />

which will be finalized in 3 rd quarter 2009. HDR re-iterated that the PAD is a starting point in the process<br />

and that there are multiple opportunities for review and there would likely be the need for coordination<br />

throughout the rest of the project.<br />

It was added that when the PAD is filed, the FERC “clock” starts and locks in milestone dates. We will<br />

all know the dates for these milestones and that we will be locked into meeting those milestone dates. The<br />

deadlines will be firm and are driven from the FERC process.<br />

<strong>Loup</strong> <strong>Power</strong> <strong>District</strong><br />

Columbus, NE<br />

P.O. Box 988<br />

2404 15 th Street<br />

Columbus, NE 68602-0988<br />

Phone (866) 869-2087<br />

Fax (402) 564-0970<br />

www.loup.com<br />

Page 7 of 7


Attendance by Meeting<br />

Hydroelectric Relicensing<br />

FERC Project No. 1256<br />

Meeting Type: Agency<br />

Meeting Name: Study Needs Continued<br />

Date: 8 /19/2008<br />

Time: 10:00 AM<br />

Location: New World Inn & Conference Center<br />

Name Organization Contact Type<br />

Frank Albrecht Nebraska Game and Parks Commission Agency - Local<br />

Don Anderson U.S. Fish and Wildlife Service Agency - Federal<br />

Jean Angell Nebraska Department of Natural Resources Agency - Local<br />

John Bender Nebraska Department of Environmental Quality Agency - Local<br />

Ryan Bjerke Lower Platte River Corridor Alliance NGOs & Stakeholders<br />

Mary Bomberger Brown Tern and Plover Conservation <strong>Part</strong>nership NGOs & Stakeholders<br />

Pat Engelbert HDR Engineering, Inc. HDR<br />

Jim Frear <strong>Loup</strong> <strong>Power</strong> <strong>District</strong> LPD Project Team<br />

Dennis Grennan HDR Engineering, Inc. HDR<br />

Robert Harms U.S. Fish and Wildife Service Agency - Federal<br />

David Jundt Nebraska Department of Health and Human<br />

Services;<br />

Agency - Local<br />

Page 1 of 3


Name Organization Contact Type<br />

Jerry Kenny Platte River Recovery Implementation Program NGOs & Stakeholders<br />

Joseph Mangiamelli City of Columbus Agency - Local<br />

Robert Mohler Lower <strong>Loup</strong> Natural Resources <strong>District</strong> Agency - Local<br />

Matt Pillard HDR Engineering, Inc. HDR<br />

Lisa Richardson HDR Engineering, Inc. HDR<br />

Jeff Runge U.S. Fish and Wildife Service Agency - Federal<br />

Jeff Schuckman Nebraska Game and Parks Commission Agency - Local<br />

Matt Schwarz U.S. Fish and Wildlife Service Agency - Federal<br />

John Shadle Nebraska Public <strong>Power</strong> <strong>District</strong> Agency - Local<br />

Bill Sigler HDR Engineering, Inc. HDR<br />

Kristal Stoner Nebraska Game and Parks Commission Agency - Local<br />

Neal Suess <strong>Loup</strong> <strong>Power</strong> <strong>District</strong> LPD Project Team<br />

Robert Swanson U.S. Geological Survey Agency - Federal<br />

Randy Thoreson National Park Service Field Office Agency - Federal<br />

Page 2 of 3


Name Organization Contact Type<br />

Dave Tunink Nebraska Game and Parks Commision Agency - Local<br />

George Waldow HDR Engineering, Inc. HDR<br />

Mark Weekley National Park Service Agency - Federal<br />

Stephanie White HDR Engineering, Inc. HDR<br />

Ron Ziola <strong>Loup</strong> <strong>Power</strong> <strong>District</strong> LPD Project Team<br />

Gene Zuerlein Nebraska Game and Parks Commission Agency - Local<br />

Page 3 of 3


Selzle, Lydia<br />

From: Mary B Brown [mbrown9@unlnotes.unl.edu]<br />

Sent: Tuesday, August 26, 2008 5:07 PM<br />

To: Marinovich, Melissa<br />

Subject: More tern and plover photos<br />

Attachments: 2008 season 019.jpg; 2008 season 022.jpg; 2008 season 025.jpg; 2008 season 046.jpg; 2008<br />

season 052.jpg<br />

2008 season 019.jpg is what the windrowing looked like.<br />

2008 season 022.jpg is what the berm looked like with the limbs and branches used to re-enforce it.<br />

2008 season 025.jpg is 2 of our technicians floating eggs to date the nest (the plover nest in between the 2 people--hard<br />

to see).<br />

2008 season 046.jpg is another view of the berm.<br />

2008 season 052.jpg shows the slurry pipe with the extension attached to it so the water was directed around the top end<br />

of the berm. The berm is directly in front of the pipe. If the water had not been diverted, it would have washed out the<br />

berm and the entire nesting area.<br />

Hope these are useful. Let me know if you'd like more elaborate descriptions.<br />

Mary<br />

Mary Bomberger Brown<br />

Tern and Plover Conservation <strong>Part</strong>nership<br />

153C Hardin Hall<br />

University of Nebraska<br />

3310 Holdrege Street<br />

Lincoln, NE 68583-0931 USA<br />

telephone: (402) 472-8878<br />

fax: (402) 472-3461<br />

email: mbrown9@unl.edu<br />

http://ternandplover.unl.edu<br />

1


Selzle, Lydia<br />

From: Mary B Brown [mbrown9@unlnotes.unl.edu]<br />

Sent: Tuesday, August 26, 2008 5:10 PM<br />

To: Marinovich, Melissa<br />

Subject: one more photo<br />

Attachments: tern pair with fish.tif<br />

This is just that***a tern pair with a fish.<br />

Mary Bomberger Brown<br />

Tern and Plover Conservation <strong>Part</strong>nership<br />

153C Hardin Hall<br />

University of Nebraska<br />

3310 Holdrege Street<br />

Lincoln, NE 68583*0931 USA<br />

telephone: (402) 472*8878<br />

fax: (402) 472*3461<br />

email: mbrown9@unl.edu<br />

http://ternandplover.unl.edu<br />

1


Selzle, Lydia<br />

From: Mary B Brown [mbrown9@unlnotes.unl.edu]<br />

Sent: Tuesday, August 26, 2008 5:09 PM<br />

To: Marinovich, Melissa<br />

Subject: tern and plover photos<br />

Attachments: P1010061.JPG; piping plover at nest.JPG; 2008 season 014.jpg<br />

Hello Melissa,<br />

Here are some photos.<br />

Piping plover at nest.jpg is exactly that.<br />

P1010061.jpg is what the sandpile looked like in 2007 (before the berm).<br />

2008 season 014.jpg is the berm behind a slurry pipe discharging water (the berm is the ridge of lighter colored sand).<br />

Please acknowledge the Tern and Plover Conservation <strong>Part</strong>nership as the owner of these photos (ie., Photos provided by<br />

the Tern and Plover Conservation <strong>Part</strong>nership or Photos courtesy of the Tern and Plover Conservation <strong>Part</strong>nership)<br />

whenever you reproduce them<br />

Mary<br />

Mary Bomberger Brown<br />

Tern and Plover Conservation <strong>Part</strong>nership<br />

153C Hardin Hall<br />

University of Nebraska<br />

3310 Holdrege Street<br />

Lincoln, NE 68583;0931 USA<br />

telephone: (402) 472;8878<br />

fax: (402) 472;3461<br />

email: mbrown9@unl.edu<br />

http://ternandplover.unl.edu<br />

1


September 5, 2008<br />

Mr. Tony Provost<br />

NAGPRA Coordinator<br />

Omaha Tribe of Nebraska<br />

P.O. Box 368<br />

Macy, Nebraska 68039<br />

Re: <strong>Loup</strong> <strong>Power</strong> <strong>District</strong> Hydroelectric Relicensing<br />

Platte and Colfax Counties, Nebraska<br />

Dear Mr. Provost:<br />

The <strong>Loup</strong> River Public <strong>Power</strong> <strong>District</strong> has retained HDR Engineering to assist with FERC<br />

relicensing of the <strong>Loup</strong> River Hydroelectric Project. This will be a multi-year endeavor since the<br />

new license application is not due for submittal until April of 2012. Preliminary work is being<br />

initiated at this time because industry experience has shown that thorough planning, an early start,<br />

and focused communication are vitally important to the interests of all participants in the relicensing<br />

process.<br />

Enclosed for your information is a brief introduction to the <strong>Loup</strong> River Hydroelectric Project and the<br />

FERC relicensing process. Also enclosed are copies of two recent FERC publications which will<br />

help to explain the relatively new Integrated Licensing Process (ILP) that the <strong>District</strong> intends to<br />

utilize. The U.S. government regulations related to the ILP relicensing process are also enclosed (18<br />

CFR 5).<br />

FERC is required to consult with Native American Tribes throughout the relicensing effort. The<br />

consultation process is firmly rooted in the responsibilities given to FERC through Section 106 of the<br />

Historic Preservation Act of 1966, as amended, and the guiding regulations found in 36 CFR 800, as<br />

well as other preservation and federal trust requirements. According to FERC protocols, FERC will<br />

initiate consultation with the Omaha Tribe of Nebraska and other Native American Tribes once <strong>Loup</strong><br />

<strong>Power</strong> <strong>District</strong> submits the initial filing, known as the Pre-Application Document (PAD). We expect<br />

the PAD to be filed with FERC in the coming months.<br />

In the meantime, we would like to take this opportunity to coordinate with you, share project<br />

information, and provide some context for the <strong>Loup</strong> <strong>Power</strong> <strong>District</strong>’s FERC filings. Once<br />

consultation begins, we expect to play an active and integral role in the FERC consultation process<br />

as a consulting party.


Although we have been unable to coordinate a time for an in-person meeting, we appreciate your<br />

willingness to meet and discuss this project. Should schedules allow, we extend an invitation to you<br />

to come to the <strong>Loup</strong> <strong>Power</strong> <strong>District</strong> facility to better acquaint you with the existing facility and the<br />

specifics of the relicensing effort. After reviewing the enclosed information, if you have any<br />

questions or would like to meet with <strong>Loup</strong> <strong>Power</strong> <strong>District</strong> prior to the FERC Tribal <strong>Consultation</strong><br />

Meeting, please contact me at (402) 926-7026 or Mr. Neal Suess, CEO, <strong>Loup</strong> <strong>Power</strong> <strong>District</strong> (402)<br />

564-3171.<br />

Thank you.<br />

Sincerely,<br />

Lisa M. Richardson, P.E.<br />

Program Manager<br />

Enclosures<br />

Cc: Neal Suess, <strong>Loup</strong> <strong>Power</strong> <strong>District</strong>


September 5, 2008<br />

Mr. Francis Morris<br />

Pawnee Nation of Oklahoma<br />

PO Box 470<br />

Pawnee, OK 74058<br />

Re: <strong>Loup</strong> <strong>Power</strong> <strong>District</strong> Hydroelectric Relicensing<br />

Platte and Colfax Counties, Nebraska<br />

Dear Mr. Morris:<br />

The <strong>Loup</strong> River Public <strong>Power</strong> <strong>District</strong> has retained HDR Engineering to assist with FERC<br />

relicensing of the <strong>Loup</strong> River Hydroelectric Project. This will be a multi-year endeavor since the<br />

new license application is not due for submittal until April of 2012. Preliminary work is being<br />

initiated at this time because industry experience has shown that thorough planning, an early start,<br />

and focused communication are vitally important to the interests of all participants in the relicensing<br />

process.<br />

Enclosed for your information is a brief introduction to the <strong>Loup</strong> River Hydroelectric Project and the<br />

FERC relicensing process. Also enclosed are copies of two recent FERC publications which will<br />

help to explain the relatively new Integrated Licensing Process (ILP) that the <strong>District</strong> intends to<br />

utilize. The U.S. government regulations related to the ILP relicensing process are also enclosed (18<br />

CFR 5).<br />

FERC is required to consult with Native American Tribes throughout the relicensing effort. The<br />

consultation process is firmly rooted in the responsibilities given to FERC through Section 106 of the<br />

Historic Preservation Act of 1966, as amended, and the guiding regulations found in 36 CFR 800, as<br />

well as other preservation and federal trust requirements. According to FERC protocols, FERC will<br />

initiate consultation with the Omaha Tribe of Nebraska and other Native American Tribes once <strong>Loup</strong><br />

<strong>Power</strong> <strong>District</strong> submits the initial filing, known as the Pre-Application Document (PAD). We expect<br />

the PAD to be filed with FERC in the coming months.<br />

In the meantime, we would like to take this opportunity to coordinate with you, share project<br />

information, and provide some context for the <strong>Loup</strong> <strong>Power</strong> <strong>District</strong>’s FERC filings. Once<br />

consultation begins, we expect to play an active and integral role in the FERC consultation process<br />

as a consulting party.


Should schedules allow, we extend an invitation to you to come to the <strong>Loup</strong> <strong>Power</strong> <strong>District</strong> facility to<br />

better acquaint you with the existing facility and the specifics of the relicensing effort. After<br />

reviewing the enclosed information, if you have any questions or would like to meet with <strong>Loup</strong><br />

<strong>Power</strong> <strong>District</strong> prior to the FERC Tribal <strong>Consultation</strong> Meeting, please contact me at (402) 926-7026<br />

or Mr. Neal Suess, CEO, <strong>Loup</strong> <strong>Power</strong> <strong>District</strong> (402) 564-3171.<br />

Thank you.<br />

Sincerely,<br />

Lisa M. Richardson, P.E.<br />

Program Manager<br />

Enclosures<br />

Cc: Neal Suess, <strong>Loup</strong> <strong>Power</strong> <strong>District</strong>


20081023-3047 FERC PDF (Unofficial) 10/23/2008<br />

OFFICE OF ENERGY PROJECTS<br />

Ansley Griffin, Chairman<br />

Omaha Tribal Council<br />

Omaha Tribe of Nebraska<br />

P.O. Box 368<br />

Macy, NE 68039<br />

FEDERAL ENERGY REGULATORY COMMISSION<br />

WASHINGTON D.C. 20426<br />

October 23, 2008<br />

Reference: <strong>Consultation</strong> with the Omaha Tribe of Nebraska<br />

Dear Mr. Griffin:<br />

Project No. 1256-029--Nebraska<br />

<strong>Loup</strong> River Hydroelectric Project<br />

<strong>Loup</strong> River Public <strong>Power</strong> <strong>District</strong><br />

The Federal Energy Regulatory Commission (Commission) invites your<br />

participation in the relicensing process for the <strong>Loup</strong> River Hydroelectric Project located<br />

on the <strong>Loup</strong> River in Nance and Platte Counties, Nebraska. <strong>Loup</strong> River Public <strong>Power</strong><br />

<strong>District</strong> (<strong>Loup</strong> <strong>Power</strong> <strong>District</strong>) owns and operates the project under a license issued by the<br />

Commission and is using the Commission’s new Integrated Licensing Process to<br />

relicense the project. <strong>Loup</strong> <strong>Power</strong> <strong>District</strong>’s current license for the project expires April<br />

15, 2014, and an application for a new license must be filed by April 15, 2012.<br />

The <strong>Loup</strong> River Project consists of: (1) a diversion weir on the <strong>Loup</strong> River at an<br />

elevation of 1,574 feet with wooden flashboards (or planks) to create an effective crest<br />

elevation of 1,576 feet; (2) 11 24-foot-long and 5-foot-wide steel intake gates located on<br />

the north bank of the river at elevation 1,569.5 feet; (3) three 20-foot-long and 6-footwide<br />

steel sluice gates at elevation 1,568 feet spanning the portion of river flowing<br />

between the downstream leg of the diversion weir and the intake gates diverting water<br />

into a settling basin; (4) a 2-mile-long, 200-foot wide, and 16-foot-deep settling basin<br />

with a floating hydraulic dredge and skimming weir at the downstream end of the settling<br />

basin; (5) a 10-mile-long, 73-foot-wide, and 14.3-foot-deep Upper <strong>Power</strong> Canal with<br />

inverted siphons bringing water to the Monroe <strong>Power</strong>house; (6) the Monroe <strong>Power</strong>house<br />

containing three Francis-type, turbine-generating units each with a rated capacity of<br />

2.621 megawatts (MW); (7) a 13-mile-long, 39-foot-wide, and 19.5-foot-deep Lower


20081023-3047 FERC PDF (Unofficial) 10/23/2008<br />

2<br />

<strong>Power</strong> Canal with 2 siphons extending from the Monroe <strong>Power</strong>house to Lake Babcock;<br />

(8) a concrete weir structure (Sawtooth Weir) located where the Lower <strong>Power</strong> Canal<br />

enters Lake Babcock; (9) a 760-acre regulating reservoir, Lake Babcock, with storage<br />

capacity of 11,000 acre-feet at its full pool elevation of 1,531 feet; (10) a 200-acre second<br />

regulating reservoir, Lake North, with storage capacity of 2,080 acre-feet at an elevation<br />

of 1,531 feet; (11) a concrete control structure in the south dike linking the two regulating<br />

reservoirs; (12) a 1.5-mile-long, 94- to 108-foot-wide, and 17.2- to 22.2-foot-deep intake<br />

canal bringing water from the reservoirs to the Columbus <strong>Power</strong>house; (13) a 60-footlong,<br />

104-foot-wide, and 40-foot-high inlet structure with trashracks; (14) three 20-footdiameter<br />

and 385-foot-long steel penstocks connecting the inlet structure with the<br />

powerhouse; (15) the Columbus <strong>Power</strong>house containing three Francis-type, turbinegenerating<br />

units each with a rated capacity of 15.2 MW; (16) a 5.5-mile, 42-foot-wide,<br />

and 19-foot-deep tailrace canal returning water to the river; and (17) appurtenant<br />

facilities.<br />

The Commission staff is interested in meeting with you to discuss the<br />

Commission’s relicensing process, how the tribe can participate to the fullest extent<br />

possible, your interests and concerns in the affected area, and how to establish procedures<br />

to ensure appropriate communication between Commission and tribal staffs. The<br />

meeting can be limited to Commission and your tribal staff or can be open to other<br />

tribes, 1 <strong>Loup</strong> <strong>Power</strong> <strong>District</strong>, or any other relicensing participants you wish. Please note<br />

that any sensitive tribal information discussed at the meeting, and likewise discussed<br />

throughout the entire relicensing process, can be kept strictly confidential.<br />

Please tell us within 30 days from the date of this letter whether or not you would<br />

like to participate in relicensing the <strong>Loup</strong> River Hydroelectric Project and whether you<br />

would like to meet with Commission staff to discuss the project. You may respond by<br />

letter or contact the relicensing coordinator listed below by phone or email. All<br />

correspondence with the Commission regarding this project should be sent to: The<br />

Secretary, Federal Energy Regulatory Commission, 888 First Street, NE, Washington,<br />

DC 20426. Please put the project name “<strong>Loup</strong> River Hydroelectric Project” and number<br />

“P-1256-029” on the front cover of all correspondence.<br />

1 Commission staff is inviting the following other tribes to participate in the<br />

relicensing process: Winnebago Tribe, Santee Sioux Tribe, Ponca Tribe of Nebraska,<br />

Pawnee Tribe, and the Ponca Tribe of Oklahoma.


20081023-3047 FERC PDF (Unofficial) 10/23/2008<br />

3<br />

If you have any questions, the Commission’s relicensing coordinator for the <strong>Loup</strong><br />

River Hydroelectric Project is: Kim Nguyen at (202) 502-6105 or kim.nguyen@ferc.gov.<br />

Commission staff will contact your office shortly to followup on this letter.<br />

cc: Neal D. Suess, President/CEO<br />

<strong>Loup</strong> River Public <strong>Power</strong> <strong>District</strong><br />

2404 15th Street<br />

P.O. Box 988<br />

Columbus, Nebraska 68602-0988<br />

Mailing List<br />

Service List<br />

Sincerely,<br />

Ann F. Miles, Director<br />

Division of Hydropower Licensing


20081023-3047 FERC PDF (Unofficial) 10/23/2008<br />

Document Content(s)<br />

19755811.DOC..........................................................1-3


20081023-3049 FERC PDF (Unofficial) 10/23/2008<br />

OFFICE OF ENERGY PROJECTS<br />

George Howell, President<br />

Pawnee Tribal Business Council<br />

P.O. Box 470<br />

Pawnee, OK 74058<br />

FEDERAL ENERGY REGULATORY COMMISSION<br />

WASHINGTON D.C. 20426<br />

October 23, 2008<br />

Reference: <strong>Consultation</strong> with the Pawnee Tribe<br />

Dear Mr. Howell:<br />

Project No. 1256-029--Nebraska<br />

<strong>Loup</strong> River Hydroelectric Project<br />

<strong>Loup</strong> River Public <strong>Power</strong> <strong>District</strong><br />

The Federal Energy Regulatory Commission (Commission) invites your<br />

participation in the relicensing process for the <strong>Loup</strong> River Hydroelectric Project located<br />

on the <strong>Loup</strong> River in Nance and Platte Counties, Nebraska. <strong>Loup</strong> River Public <strong>Power</strong><br />

<strong>District</strong> (<strong>Loup</strong> <strong>Power</strong> <strong>District</strong>) owns and operates the project under a license issued by the<br />

Commission and is using the Commission’s new Integrated Licensing Process to<br />

relicense the project. <strong>Loup</strong> <strong>Power</strong> <strong>District</strong>’s current license for the project expires April<br />

15, 2014, and an application for a new license must be filed by April 15, 2012.<br />

The <strong>Loup</strong> River Project consists of: (1) a diversion weir on the <strong>Loup</strong> River at an<br />

elevation of 1,574 feet with wooden flashboards (or planks) to create an effective crest<br />

elevation of 1,576 feet; (2) 11 24-foot-long and 5-foot-wide steel intake gates located on<br />

the north bank of the river at elevation 1,569.5 feet; (3) three 20-foot-long and 6-footwide<br />

steel sluice gates at elevation 1,568 feet spanning the portion of river flowing<br />

between the downstream leg of the diversion weir and the intake gates diverting water<br />

into a settling basin; (4) a 2-mile-long, 200-foot wide, and 16-foot-deep settling basin<br />

with a floating hydraulic dredge and skimming weir at the downstream end of the settling<br />

basin; (5) a 10-mile-long, 73-foot-wide, and 14.3-foot-deep Upper <strong>Power</strong> Canal with<br />

inverted siphons bringing water to the Monroe <strong>Power</strong>house; (6) the Monroe <strong>Power</strong>house<br />

containing three Francis-type, turbine-generating units each with a rated capacity of<br />

2.621 megawatts (MW); (7) a 13-mile-long, 39-foot-wide, and 19.5-foot-deep Lower<br />

<strong>Power</strong> Canal with 2 siphons extending from the Monroe <strong>Power</strong>house to Lake Babcock;


20081023-3049 FERC PDF (Unofficial) 10/23/2008<br />

2<br />

(8) a concrete weir structure (Sawtooth Weir) located where the Lower <strong>Power</strong> Canal<br />

enters Lake Babcock; (9) a 760-acre regulating reservoir, Lake Babcock, with storage<br />

capacity of 11,000 acre-feet at its full pool elevation of 1,531 feet; (10) a 200-acre second<br />

regulating reservoir, Lake North, with storage capacity of 2,080 acre-feet at an elevation<br />

of 1,531 feet; (11) a concrete control structure in the south dike linking the two regulating<br />

reservoirs; (12) a 1.5-mile-long, 94- to 108-foot-wide, and 17.2- to 22.2-foot-deep intake<br />

canal bringing water from the reservoirs to the Columbus <strong>Power</strong>house; (13) a 60-footlong,<br />

104-foot-wide, and 40-foot-high inlet structure with trashracks; (14) three 20-footdiameter<br />

and 385-foot-long steel penstocks connecting the inlet structure with the<br />

powerhouse; (15) the Columbus <strong>Power</strong>house containing three Francis-type, turbinegenerating<br />

units each with a rated capacity of 15.2 MW; (16) a 5.5-mile, 42-foot-wide,<br />

and 19-foot-deep tailrace canal returning water to the river; and (17) appurtenant<br />

facilities.<br />

The Commission staff is interested in meeting with you to discuss the<br />

Commission’s relicensing process, how the tribe can participate to the fullest extent<br />

possible, your interests and concerns in the affected area, and how to establish procedures<br />

to ensure appropriate communication between Commission and tribal staffs. The<br />

meeting can be limited to Commission and your tribal staff or can be open to other<br />

tribes, 1 <strong>Loup</strong> <strong>Power</strong> <strong>District</strong>, or any other relicensing participants you wish. Please note<br />

that any sensitive tribal information discussed at the meeting, and likewise discussed<br />

throughout the entire relicensing process, can be kept strictly confidential.<br />

Please tell us within 30 days from the date of this letter whether or not you would<br />

like to participate in relicensing the <strong>Loup</strong> River Hydroelectric Project and whether you<br />

would like to meet with Commission staff to discuss the project. You may respond by<br />

letter or contact the relicensing coordinator listed below by phone or email. All<br />

correspondence with the Commission regarding this project should be sent to: The<br />

Secretary, Federal Energy Regulatory Commission, 888 First Street, NE, Washington,<br />

DC 20426. Please put the project name “<strong>Loup</strong> River Hydroelectric Project” and number<br />

“P-1256-029” on the front cover of all correspondence.<br />

1 Commission staff is inviting the following other tribes to participate in the<br />

relicensing process: Winnebago Tribe, Santee Sioux Tribe, Ponca Tribe of Oklahoma,<br />

Ponca Tribe of Nebraska, and the Omaha Tribe of Nebraska.


20081023-3049 FERC PDF (Unofficial) 10/23/2008<br />

3<br />

If you have any questions, the Commission’s relicensing coordinator for the <strong>Loup</strong><br />

River Hydroelectric Project is: Kim Nguyen at (202) 502-6105 or kim.nguyen@ferc.gov.<br />

Commission staff will contact your office shortly to followup on this letter.<br />

cc: Neal D. Suess, President/CEO<br />

<strong>Loup</strong> River Public <strong>Power</strong> <strong>District</strong><br />

2404 15th Street<br />

P.O. Box 988<br />

Columbus, Nebraska 68602-0988<br />

Mailing List<br />

Service List<br />

Sincerely,<br />

Ann F. Miles, Director<br />

Division of Hydropower Licensing


20081023-3049 FERC PDF (Unofficial) 10/23/2008<br />

Document Content(s)<br />

19755386.DOC..........................................................1-3


20081023-3048 FERC PDF (Unofficial) 10/23/2008<br />

OFFICE OF ENERGY PROJECTS<br />

Larry Wright, Jr., Chairperson<br />

Ponca Tribe of Nebraska<br />

P.O. Box 288<br />

Niobrara, NE 68760<br />

FEDERAL ENERGY REGULATORY COMMISSION<br />

WASHINGTON D.C. 20426<br />

October 23, 2008<br />

Reference: <strong>Consultation</strong> with the Ponca Tribe of Nebraska<br />

Dear Mr. Wright:<br />

Project No. 1256-029--Nebraska<br />

<strong>Loup</strong> River Hydroelectric Project<br />

<strong>Loup</strong> River Public <strong>Power</strong> <strong>District</strong><br />

The Federal Energy Regulatory Commission (Commission) invites your<br />

participation in the relicensing process for the <strong>Loup</strong> River Hydroelectric Project located<br />

on the <strong>Loup</strong> River in Nance and Platte Counties, Nebraska. <strong>Loup</strong> River Public <strong>Power</strong><br />

<strong>District</strong> (<strong>Loup</strong> <strong>Power</strong> <strong>District</strong>) owns and operates the project under a license issued by the<br />

Commission and is using the Commission’s new Integrated Licensing Process to<br />

relicense the project. <strong>Loup</strong> <strong>Power</strong> <strong>District</strong>’s current license for the project expires April<br />

15, 2014, and an application for a new license must be filed by April 15, 2012.<br />

The <strong>Loup</strong> River Project consists of: (1) a diversion weir on the <strong>Loup</strong> River at an<br />

elevation of 1,574 feet with wooden flashboards (or planks) to create an effective crest<br />

elevation of 1,576 feet; (2) 11 24-foot-long and 5-foot-wide steel intake gates located on<br />

the north bank of the river at elevation 1,569.5 feet; (3) three 20-foot-long and 6-footwide<br />

steel sluice gates at elevation 1,568 feet spanning the portion of river flowing<br />

between the downstream leg of the diversion weir and the intake gates diverting water<br />

into a settling basin; (4) a 2-mile-long, 200-foot wide, and 16-foot-deep settling basin<br />

with a floating hydraulic dredge and skimming weir at the downstream end of the settling<br />

basin; (5) a 10-mile-long, 73-foot-wide, and 14.3-foot-deep Upper <strong>Power</strong> Canal with<br />

inverted siphons bringing water to the Monroe <strong>Power</strong>house; (6) the Monroe <strong>Power</strong>house<br />

containing three Francis-type, turbine-generating units each with a rated capacity of<br />

2.621 megawatts (MW); (7) a 13-mile-long, 39-foot-wide, and 19.5-foot-deep Lower<br />

<strong>Power</strong> Canal with 2 siphons extending from the Monroe <strong>Power</strong>house to Lake Babcock;


20081023-3048 FERC PDF (Unofficial) 10/23/2008<br />

2<br />

(8) a concrete weir structure (Sawtooth Weir) located where the Lower <strong>Power</strong> Canal<br />

enters Lake Babcock; (9) a 760-acre regulating reservoir, Lake Babcock, with storage<br />

capacity of 11,000 acre-feet at its full pool elevation of 1,531 feet; (10) a 200-acre second<br />

regulating reservoir, Lake North, with storage capacity of 2,080 acre-feet at an elevation<br />

of 1,531 feet; (11) a concrete control structure in the south dike linking the two regulating<br />

reservoirs; (12) a 1.5-mile-long, 94- to 108-foot-wide, and 17.2- to 22.2-foot-deep intake<br />

canal bringing water from the reservoirs to the Columbus <strong>Power</strong>house; (13) a 60-footlong,<br />

104-foot-wide, and 40-foot-high inlet structure with trashracks; (14) three 20-footdiameter<br />

and 385-foot-long steel penstocks connecting the inlet structure with the<br />

powerhouse; (15) the Columbus <strong>Power</strong>house containing three Francis-type, turbinegenerating<br />

units each with a rated capacity of 15.2 MW; (16) a 5.5-mile, 42-foot-wide,<br />

and 19-foot-deep tailrace canal returning water to the river; and (17) appurtenant<br />

facilities.<br />

The Commission staff is interested in meeting with you to discuss the<br />

Commission’s relicensing process, how the tribe can participate to the fullest extent<br />

possible, your interests and concerns in the affected area, and how to establish procedures<br />

to ensure appropriate communication between Commission and tribal staffs. The<br />

meeting can be limited to Commission and your tribal staff or can be open to other<br />

tribes, 1 <strong>Loup</strong> <strong>Power</strong> <strong>District</strong>, or any other relicensing participants you wish. Please note<br />

that any sensitive tribal information discussed at the meeting, and likewise discussed<br />

throughout the entire relicensing process, can be kept strictly confidential.<br />

Please tell us within 30 days from the date of this letter whether or not you would<br />

like to participate in relicensing the <strong>Loup</strong> River Hydroelectric Project and whether you<br />

would like to meet with Commission staff to discuss the project. You may respond by<br />

letter or contact the relicensing coordinator listed below by phone or email. All<br />

correspondence with the Commission regarding this project should be sent to: The<br />

Secretary, Federal Energy Regulatory Commission, 888 First Street, NE, Washington,<br />

DC 20426. Please put the project name “<strong>Loup</strong> River Hydroelectric Project” and number<br />

“P-1256-029” on the front cover of all correspondence.<br />

1 Commission staff is inviting the following other tribes to participate in the<br />

relicensing process: Winnebago Tribe, Santee Sioux Tribe, Ponca Tribe of Oklahoma,<br />

Pawnee Tribe, and the Omaha Tribe of Nebraska.


20081023-3048 FERC PDF (Unofficial) 10/23/2008<br />

3<br />

If you have any questions, the Commission’s relicensing coordinator for the <strong>Loup</strong><br />

River Hydroelectric Project is: Kim Nguyen at (202) 502-6105 or kim.nguyen@ferc.gov.<br />

Commission staff will contact your office shortly to followup on this letter.<br />

cc: Neal D. Suess, President/CEO<br />

<strong>Loup</strong> River Public <strong>Power</strong> <strong>District</strong><br />

2404 15th Street<br />

P.O. Box 988<br />

Columbus, Nebraska 68602-0988<br />

Mailing List<br />

Service List<br />

Sincerely,<br />

Ann F. Miles, Director<br />

Division of Hydropower Licensing


20081023-3048 FERC PDF (Unofficial) 10/23/2008<br />

Document Content(s)<br />

19755490.DOC..........................................................1-3


20081023-3046 FERC PDF (Unofficial) 10/23/2008<br />

OFFICE OF ENERGY PROJECTS<br />

Trey Howe, Chairman<br />

Ponca Tribe of Oklahoma<br />

P.O. Box 2, White Eagle Drive<br />

Ponca City, OK 74601<br />

FEDERAL ENERGY REGULATORY COMMISSION<br />

WASHINGTON D.C. 20426<br />

October 23, 2008<br />

Reference: <strong>Consultation</strong> with the Ponca Tribe of Oklahoma<br />

Dear Mr. Howe:<br />

Project No. 1256-029--Nebraska<br />

<strong>Loup</strong> River Hydroelectric Project<br />

<strong>Loup</strong> River Public <strong>Power</strong> <strong>District</strong><br />

The Federal Energy Regulatory Commission (Commission) invites your<br />

participation in the relicensing process for the <strong>Loup</strong> River Hydroelectric Project located<br />

on the <strong>Loup</strong> River in Nance and Platte Counties, Nebraska. <strong>Loup</strong> River Public <strong>Power</strong><br />

<strong>District</strong> (<strong>Loup</strong> <strong>Power</strong> <strong>District</strong>) owns and operates the project under a license issued by the<br />

Commission and is using the Commission’s new Integrated Licensing Process to<br />

relicense the project. <strong>Loup</strong> <strong>Power</strong> <strong>District</strong>’s current license for the project expires April<br />

15, 2014, and an application for a new license must be filed by April 15, 2012.<br />

The <strong>Loup</strong> River Project consists of: (1) a diversion weir on the <strong>Loup</strong> River at an<br />

elevation of 1,574 feet with wooden flashboards (or planks) to create an effective crest<br />

elevation of 1,576 feet; (2) 11 24-foot-long and 5-foot-wide steel intake gates located on<br />

the north bank of the river at elevation 1,569.5 feet; (3) three 20-foot-long and 6-footwide<br />

steel sluice gates at elevation 1,568 feet spanning the portion of river flowing<br />

between the downstream leg of the diversion weir and the intake gates diverting water<br />

into a settling basin; (4) a 2-mile-long, 200-foot wide, and 16-foot-deep settling basin<br />

with a floating hydraulic dredge and skimming weir at the downstream end of the settling<br />

basin; (5) a 10-mile-long, 73-foot-wide, and 14.3-foot-deep Upper <strong>Power</strong> Canal with<br />

inverted siphons bringing water to the Monroe <strong>Power</strong>house; (6) the Monroe <strong>Power</strong>house<br />

containing three Francis-type, turbine-generating units each with a rated capacity of<br />

2.621 megawatts (MW); (7) a 13-mile-long, 39-foot-wide, and 19.5-foot-deep Lower<br />

<strong>Power</strong> Canal with 2 siphons extending from the Monroe <strong>Power</strong>house to Lake Babcock;


20081023-3046 FERC PDF (Unofficial) 10/23/2008<br />

2<br />

(8) a concrete weir structure (Sawtooth Weir) located where the Lower <strong>Power</strong> Canal<br />

enters Lake Babcock; (9) a 760-acre regulating reservoir, Lake Babcock, with storage<br />

capacity of 11,000 acre-feet at its full pool elevation of 1,531 feet; (10) a 200-acre second<br />

regulating reservoir, Lake North, with storage capacity of 2,080 acre-feet at an elevation<br />

of 1,531 feet; (11) a concrete control structure in the south dike linking the two regulating<br />

reservoirs; (12) a 1.5-mile-long, 94- to 108-foot-wide, and 17.2- to 22.2-foot-deep intake<br />

canal bringing water from the reservoirs to the Columbus <strong>Power</strong>house; (13) a 60-footlong,<br />

104-foot-wide, and 40-foot-high inlet structure with trashracks; (14) three 20-footdiameter<br />

and 385-foot-long steel penstocks connecting the inlet structure with the<br />

powerhouse; (15) the Columbus <strong>Power</strong>house containing three Francis-type, turbinegenerating<br />

units each with a rated capacity of 15.2 MW; (16) a 5.5-mile, 42-foot-wide,<br />

and 19-foot-deep tailrace canal returning water to the river; and (17) appurtenant<br />

facilities.<br />

The Commission staff is interested in meeting with you to discuss the<br />

Commission’s relicensing process, how the tribe can participate to the fullest extent<br />

possible, your interests and concerns in the affected area, and how to establish procedures<br />

to ensure appropriate communication between Commission and tribal staffs. The<br />

meeting can be limited to Commission and your tribal staff or can be open to other<br />

tribes, 1 <strong>Loup</strong> <strong>Power</strong> <strong>District</strong>, or any other relicensing participants you wish. Please note<br />

that any sensitive tribal information discussed at the meeting, and likewise discussed<br />

throughout the entire relicensing process, can be kept strictly confidential.<br />

Please tell us within 30 days from the date of this letter whether or not you would<br />

like to participate in relicensing the <strong>Loup</strong> River Hydroelectric Project and whether you<br />

would like to meet with Commission staff to discuss the project. You may respond by<br />

letter or contact the relicensing coordinator listed below by phone or email. All<br />

correspondence with the Commission regarding this project should be sent to: The<br />

Secretary, Federal Energy Regulatory Commission, 888 First Street, NE, Washington,<br />

DC 20426. Please put the project name “<strong>Loup</strong> River Hydroelectric Project” and number<br />

“P-1256-029” on the front cover of all correspondence.<br />

1 Commission staff is inviting the following other tribes to participate in the<br />

relicensing process: Winnebago Tribe, Santee Sioux Tribe, Ponca Tribe of Nebraska,<br />

Pawnee Tribe, and the Omaha Tribe of Nebraska.


20081023-3046 FERC PDF (Unofficial) 10/23/2008<br />

3<br />

If you have any questions, the Commission’s relicensing coordinator for the <strong>Loup</strong><br />

River Hydroelectric Project is: Kim Nguyen at (202) 502-6105 or kim.nguyen@ferc.gov.<br />

Commission staff will contact your office shortly to followup on this letter.<br />

cc: Neal D. Suess, President/CEO<br />

<strong>Loup</strong> River Public <strong>Power</strong> <strong>District</strong><br />

2404 15th Street<br />

P.O. Box 988<br />

Columbus, Nebraska 68602-0988<br />

Mailing List<br />

Service List<br />

Sincerely,<br />

Ann F. Miles, Director<br />

Division of Hydropower Licensing


20081023-3046 FERC PDF (Unofficial) 10/23/2008<br />

Document Content(s)<br />

19755893.DOC..........................................................1-3


20081023-3045 FERC PDF (Unofficial) 10/23/2008<br />

OFFICE OF ENERGY PROJECTS<br />

Roger Trudell, Chairman<br />

Santee Sioux Tribal Council<br />

Route 2<br />

Niobrara, NE 68760<br />

FEDERAL ENERGY REGULATORY COMMISSION<br />

WASHINGTON D.C. 20426<br />

October 23, 2008<br />

Reference: <strong>Consultation</strong> with the Santee Sioux Tribe<br />

Dear Mr. Trudell:<br />

Project No. 1256-029--Nebraska<br />

<strong>Loup</strong> River Hydroelectric Project<br />

<strong>Loup</strong> River Public <strong>Power</strong> <strong>District</strong><br />

The Federal Energy Regulatory Commission (Commission) invites your<br />

participation in the relicensing process for the <strong>Loup</strong> River Hydroelectric Project located<br />

on the <strong>Loup</strong> River in Nance and Platte Counties, Nebraska. <strong>Loup</strong> River Public <strong>Power</strong><br />

<strong>District</strong> (<strong>Loup</strong> <strong>Power</strong> <strong>District</strong>) owns and operates the project under a license issued by the<br />

Commission and is using the Commission’s new Integrated Licensing Process to<br />

relicense the project. <strong>Loup</strong> <strong>Power</strong> <strong>District</strong>’s current license for the project expires April<br />

15, 2014, and an application for a new license must be filed by April 15, 2012.<br />

The <strong>Loup</strong> River Project consists of: (1) a diversion weir on the <strong>Loup</strong> River at an<br />

elevation of 1,574 feet with wooden flashboards (or planks) to create an effective crest<br />

elevation of 1,576 feet; (2) 11 24-foot-long and 5-foot-wide steel intake gates located on<br />

the north bank of the river at elevation 1,569.5 feet; (3) three 20-foot-long and 6-footwide<br />

steel sluice gates at elevation 1,568 feet spanning the portion of river flowing<br />

between the downstream leg of the diversion weir and the intake gates diverting water<br />

into a settling basin; (4) a 2-mile-long, 200-foot wide, and 16-foot-deep settling basin<br />

with a floating hydraulic dredge and skimming weir at the downstream end of the settling<br />

basin; (5) a 10-mile-long, 73-foot-wide, and 14.3-foot-deep Upper <strong>Power</strong> Canal with<br />

inverted siphons bringing water to the Monroe <strong>Power</strong>house; (6) the Monroe <strong>Power</strong>house<br />

containing three Francis-type, turbine-generating units each with a rated capacity of<br />

2.621 megawatts (MW); (7) a 13-mile-long, 39-foot-wide, and 19.5-foot-deep Lower<br />

<strong>Power</strong> Canal with 2 siphons extending from the Monroe <strong>Power</strong>house to Lake Babcock;<br />

(8) a concrete weir structure (Sawtooth Weir) located where the Lower <strong>Power</strong> Canal


20081023-3045 FERC PDF (Unofficial) 10/23/2008<br />

2<br />

enters Lake Babcock; (9) a 760-acre regulating reservoir, Lake Babcock, with storage<br />

capacity of 11,000 acre-feet at its full pool elevation of 1,531 feet; (10) a 200-acre second<br />

regulating reservoir, Lake North, with storage capacity of 2,080 acre-feet at an elevation<br />

of 1,531 feet; (11) a concrete control structure in the south dike linking the two regulating<br />

reservoirs; (12) a 1.5-mile-long, 94- to 108-foot-wide, and 17.2- to 22.2-foot-deep intake<br />

canal bringing water from the reservoirs to the Columbus <strong>Power</strong>house; (13) a 60-footlong,<br />

104-foot-wide, and 40-foot-high inlet structure with trashracks; (14) three 20-footdiameter<br />

and 385-foot-long steel penstocks connecting the inlet structure with the<br />

powerhouse; (15) the Columbus <strong>Power</strong>house containing three Francis-type, turbinegenerating<br />

units each with a rated capacity of 15.2 MW; (16) a 5.5-mile, 42-foot-wide,<br />

and 19-foot-deep tailrace canal returning water to the river; and (17) appurtenant<br />

facilities.<br />

The Commission staff is interested in meeting with you to discuss the<br />

Commission’s relicensing process, how the tribe can participate to the fullest extent<br />

possible, your interests and concerns in the affected area, and how to establish procedures<br />

to ensure appropriate communication between Commission and tribal staffs. The<br />

meeting can be limited to Commission and your tribal staff or can be open to other<br />

tribes, 1 <strong>Loup</strong> <strong>Power</strong> <strong>District</strong>, or any other relicensing participants you wish. Please note<br />

that any sensitive tribal information discussed at the meeting, and likewise discussed<br />

throughout the entire relicensing process, can be kept strictly confidential.<br />

Please tell us within 30 days from the date of this letter whether or not you would<br />

like to participate in relicensing the <strong>Loup</strong> River Hydroelectric Project and whether you<br />

would like to meet with Commission staff to discuss the project. You may respond by<br />

letter or contact the relicensing coordinator listed below by phone or email. All<br />

correspondence with the Commission regarding this project should be sent to: The<br />

Secretary, Federal Energy Regulatory Commission, 888 First Street, NE, Washington,<br />

DC 20426. Please put the project name “<strong>Loup</strong> River Hydroelectric Project” and number<br />

“P-1256-029” on the front cover of all correspondence.<br />

1 Commission staff is inviting the following other tribes to participate in the<br />

relicensing process: Winnebago Tribe, Pawnee Tribe, Ponca Tribe of Oklahoma, Ponca<br />

Tribe of Nebraska, and the Omaha Tribe of Nebraska.


20081023-3045 FERC PDF (Unofficial) 10/23/2008<br />

3<br />

If you have any questions, the Commission’s relicensing coordinator for the <strong>Loup</strong><br />

River Hydroelectric Project is: Kim Nguyen at (202) 502-6105 or kim.nguyen@ferc.gov.<br />

Commission staff will contact your office shortly to followup on this letter.<br />

cc: Neal D. Suess, President/CEO<br />

<strong>Loup</strong> River Public <strong>Power</strong> <strong>District</strong><br />

2404 15th Street<br />

P.O. Box 988<br />

Columbus, Nebraska 68602-0988<br />

Mailing List<br />

Service List<br />

Sincerely,<br />

Ann F. Miles, Director<br />

Division of Hydropower Licensing


20081023-3045 FERC PDF (Unofficial) 10/23/2008<br />

Document Content(s)<br />

19755596.DOC..........................................................1-3


20081023-3050 FERC PDF (Unofficial) 10/23/2008<br />

OFFICE OF ENERGY PROJECTS<br />

John Blackhawk, Chairman<br />

Winnebago Tribal Council<br />

P.O. Box 687<br />

Winnebago, NE 68071<br />

FEDERAL ENERGY REGULATORY COMMISSION<br />

WASHINGTON D.C. 20426<br />

October 23, 2008<br />

Reference: <strong>Consultation</strong> with the Winnebago Tribe<br />

Dear Mr. Blackhawk:<br />

Project No. 1256-029--Nebraska<br />

<strong>Loup</strong> River Hydroelectric Project<br />

<strong>Loup</strong> River Public <strong>Power</strong> <strong>District</strong><br />

The Federal Energy Regulatory Commission (Commission) invites your<br />

participation in the relicensing process for the <strong>Loup</strong> River Hydroelectric Project located<br />

on the <strong>Loup</strong> River in Nance and Platte Counties, Nebraska. <strong>Loup</strong> River Public <strong>Power</strong><br />

<strong>District</strong> (<strong>Loup</strong> <strong>Power</strong> <strong>District</strong>) owns and operates the project under a license issued by the<br />

Commission and is using the Commission’s new Integrated Licensing Process to<br />

relicense the project. <strong>Loup</strong> <strong>Power</strong> <strong>District</strong>’s current license for the project expires April<br />

15, 2014, and an application for a new license must be filed by April 15, 2012.<br />

The <strong>Loup</strong> River Project consists of: (1) a diversion weir on the <strong>Loup</strong> River at an<br />

elevation of 1,574 feet with wooden flashboards (or planks) to create an effective crest<br />

elevation of 1,576 feet; (2) 11 24-foot-long and 5-foot-wide steel intake gates located on<br />

the north bank of the river at elevation 1,569.5 feet; (3) three 20-foot-long and 6-footwide<br />

steel sluice gates at elevation 1,568 feet spanning the portion of river flowing<br />

between the downstream leg of the diversion weir and the intake gates diverting water<br />

into a settling basin; (4) a 2-mile-long, 200-foot wide, and 16-foot-deep settling basin<br />

with a floating hydraulic dredge and skimming weir at the downstream end of the settling<br />

basin; (5) a 10-mile-long, 73-foot-wide, and 14.3-foot-deep Upper <strong>Power</strong> Canal with<br />

inverted siphons bringing water to the Monroe <strong>Power</strong>house; (6) the Monroe <strong>Power</strong>house<br />

containing three Francis-type, turbine-generating units each with a rated capacity of<br />

2.621 megawatts (MW); (7) a 13-mile-long, 39-foot-wide, and 19.5-foot-deep Lower<br />

<strong>Power</strong> Canal with 2 siphons extending from the Monroe <strong>Power</strong>house to Lake Babcock;<br />

(8) a concrete weir structure (Sawtooth Weir) located where the Lower <strong>Power</strong> Canal<br />

enters Lake Babcock; (9) a 760-acre regulating reservoir, Lake Babcock, with storage


20081023-3050 FERC PDF (Unofficial) 10/23/2008<br />

2<br />

capacity of 11,000 acre-feet at its full pool elevation of 1,531 feet; (10) a 200-acre second<br />

regulating reservoir, Lake North, with storage capacity of 2,080 acre-feet at an elevation<br />

of 1,531 feet; (11) a concrete control structure in the south dike linking the two regulating<br />

reservoirs; (12) a 1.5-mile-long, 94- to 108-foot-wide, and 17.2- to 22.2-foot-deep intake<br />

canal bringing water from the reservoirs to the Columbus <strong>Power</strong>house; (13) a 60-footlong,<br />

104-foot-wide, and 40-foot-high inlet structure with trashracks; (14) three 20-footdiameter<br />

and 385-foot-long steel penstocks connecting the inlet structure with the<br />

powerhouse; (15) the Columbus <strong>Power</strong>house containing three Francis-type, turbinegenerating<br />

units each with a rated capacity of 15.2 MW; (16) a 5.5-mile, 42-foot-wide,<br />

and 19-foot-deep tailrace canal returning water to the river; and (17) appurtenant<br />

facilities.<br />

The Commission staff is interested in meeting with you to discuss the<br />

Commission’s relicensing process, how the tribe can participate to the fullest extent<br />

possible, your interests and concerns in the affected area, and how to establish procedures<br />

to ensure appropriate communication between Commission and tribal staffs. The<br />

meeting can be limited to Commission and your tribal staff or can be open to other<br />

tribes, 1 <strong>Loup</strong> <strong>Power</strong> <strong>District</strong>, or any other relicensing participants you wish. Please note<br />

that any sensitive tribal information discussed at the meeting, and likewise discussed<br />

throughout the entire relicensing process, can be kept strictly confidential.<br />

Please tell us within 30 days from the date of this letter whether or not you would<br />

like to participate in relicensing the <strong>Loup</strong> River Hydroelectric Project and whether you<br />

would like to meet with Commission staff to discuss the project. You may respond by<br />

letter or contact the relicensing coordinator listed below by phone or email. All<br />

correspondence with the Commission regarding this project should be sent to: The<br />

Secretary, Federal Energy Regulatory Commission, 888 First Street, NE, Washington,<br />

DC 20426. Please put the project name “<strong>Loup</strong> River Hydroelectric Project” and number<br />

“P-1256-029” on the front cover of all correspondence.<br />

1 Commission staff is inviting the following other tribes to participate in the<br />

relicensing process: Santee Sioux Tribe, Pawnee Tribe, Ponca Tribe of Oklahoma, Ponca<br />

Tribe of Nebraska, and the Omaha Tribe of Nebraska.


20081023-3050 FERC PDF (Unofficial) 10/23/2008<br />

3<br />

If you have any questions, the Commission’s relicensing coordinator for the <strong>Loup</strong><br />

River Hydroelectric Project is: Kim Nguyen at (202) 502-6105 or kim.nguyen@ferc.gov.<br />

Commission staff will contact your office shortly to followup on this letter.<br />

cc: Neal D. Suess, President/CEO<br />

<strong>Loup</strong> River Public <strong>Power</strong> <strong>District</strong><br />

2404 15th Street<br />

P.O. Box 988<br />

Columbus, NE 68602-0988<br />

Mailing List<br />

Service List<br />

Sincerely,<br />

Ann F. Miles, Director<br />

Division of Hydropower Licensing


20081023-3050 FERC PDF (Unofficial) 10/23/2008<br />

Document Content(s)<br />

19755753.DOC..........................................................1-3


~0081107-0075 FERC PDF (Unofficial) 11/05/2008<br />

Kim Nguyen<br />

From: Gary Roblnette [garyr@poncatribe-ne.org]<br />

Sent: Wednesday, October 29, 2008 10:03 AM<br />

To: Kim Nguyen<br />

Subject: Project No. 1256-029-<strong>Loup</strong> River<br />

Ann;<br />

The Ponca Tribe of Nebraska has no comment on the approval of the new permit.<br />

Gary Robinette<br />

Director of Cultural Affairs/THPO<br />

Ponca Tribe of Nebraska<br />

10/29/2008<br />

ORIGINAL<br />

r~<br />

Ez--r I ~:~<br />

ri~1 co<br />

"~-~ z c~.'~ ~,<br />

--~ Vvl ¢Z~ C ,-vf<br />

- "~ "--" ¢J'l "=':-:"~" "<br />

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From: Richardson, Lisa (Omaha)<br />

To: Frame, Gail<br />

Subject: FW: <strong>Loup</strong> Hydro FERC Relicensing Project<br />

Date: Monday, November 03, 2008 6:13:00 AM<br />

Gail - FYI - a POC change for the DB.<br />

From: Pillard, Matt<br />

Sent: Thursday, October 30, 2008 1:12 PM<br />

To: Shadle, John J.<br />

Subject: RE: <strong>Loup</strong> Hydro FERC Relicensing Project<br />

Sorry for the confusion John. We'll get you a copy ASAP.<br />

Thanks.<br />

Matt<br />

From: Shadle, John J. [mailto:jjshadl@nppd.com]<br />

Sent: Thursday, October 30, 2008 9:00 AM<br />

To: Pillard, Matt<br />

Subject: RE: <strong>Loup</strong> Hydro FERC Relicensing Project<br />

I am not sure which list you are/were working from. Attached is a letter from NPPD designating<br />

our representative to the LPPD relicensing. Please send me a hard copy of the information<br />

recently distributed. If you have any questions let me know.<br />

From: Pillard, Matt [mailto:Matt.Pillard@hdrinc.com]<br />

Sent: Tuesday, October 28, 2008 9:21 PM<br />

To: Shadle, John J.<br />

Subject: RE: <strong>Loup</strong> Hydro FERC Relicensing Project<br />

John,<br />

Yes it was. Jon is our point of contact for NPPD, so he did receive a copy. There are electronic copies<br />

on the web site, or we can mail you one. Let me know.<br />

Also, for future reference, should you be our point of contact or should we copy both of you on<br />

pertinent correspondence?<br />

Thanks.<br />

Matt<br />

From: Shadle, John J. [mailto:jjshadl@nppd.com]<br />

Sent: Tuesday, October 28, 2008 11:22 AM<br />

To: Pillard, Matt<br />

Subject: FW: <strong>Loup</strong> Hydro FERC Relicensing Project<br />

Was the PAD (I assume this was the document that Jon Sunneberg is refereeing to below?) mailed<br />

to FERC? What ever document was sent can I get a copy for my records? Thanks.


From: Sunneberg, Jon M.<br />

Sent: Monday, October 27, 2008 11:40 AM<br />

To: Resource Planning & Risk Department List; Shadle, John J.<br />

Subject: <strong>Loup</strong> Hydro FERC Relicensing Project<br />

All, I have received a hard copy of the <strong>Loup</strong> Hydro Relicensing documentation that was submitted<br />

to FERC. I you want to read through it, it is on the table in my office, but let me know you took it so<br />

it doesn’t get lost.<br />

Thanks<br />

Jon


Selzle, Lydia<br />

From: Angell, Jean [jean.angell@nebraska.gov]<br />

Sent: Monday, November 03, 2008 4:43 PM<br />

To: Richardson, Lisa (Omaha)<br />

Cc: Dunnigan, Brian; Andersen, Pamela; Thompson, Mike<br />

Subject: RE: <strong>Loup</strong> <strong>Power</strong> <strong>District</strong> 2 Relicensing<br />

Follow Up Flag: Follow up<br />

Flag Status: Flagged<br />

Thank you for your prompt response to our concerns.<br />

Ice records can be found on our website at http://dnrdata.dnr.ne.gov/Icejam/index.asp. You may contact Mr.<br />

Bill Jones in our office at 402&471&3932 for more information about the records. The records will likely have<br />

meaning only to experts such as those associated with CRREL (Cold Regions Research and Engineering<br />

Laboratory), a division of the US Army Corp of Engineers located in Hanover, NH.<br />

Jean Angell<br />

Legal Counsel<br />

Department of Natural Resources<br />

471&3931<br />

From: Richardson, Lisa (Omaha) [mailto:Lisa.Richardson@hdrinc.com]<br />

Sent: Monday, November 03, 2008 4:27 PM<br />

To: Angell, Jean<br />

Subject: <strong>Loup</strong> <strong>Power</strong> <strong>District</strong> . Relicensing<br />

Jean,<br />

Attached please find the following information per our discussion this afternoon:<br />

• PDF of letter from <strong>Loup</strong> <strong>Power</strong> <strong>District</strong> to NGPC agreeing to release additional water in the bypass reach of the<br />

<strong>Loup</strong> River per NGPC request.<br />

• PDF of the original agreement from 1935 between the <strong>District</strong> and Freda and C.H. Newman regarding a gate to<br />

release water from the tailrace into Lost Creek.<br />

Also, in reviewing notes from our previous agency meetings I identified the following questions that the <strong>District</strong> is does<br />

not track the information you have requested:<br />

• times water is taken from the power canal by irrigators 2 the <strong>District</strong> meters the water by volume and periodically<br />

checks to see that the meters are working, they do not have records of when an irrigator takes the water.<br />

• amount of water released into Lost Creek from the tailrace 2 there is not a gage at the gate into Lost Creek.<br />

I believe the following information was provided to you directly or is contained within the PAD. Please let me know if you<br />

need additional information related to these items:<br />

• number of agreements with irrigators<br />

• points of diversion<br />

• quantity of water taken by irrigators<br />

• estimated power produced per acre2foot (120 kWh/acre2foot)<br />

1


• operation of Columbus <strong>Power</strong>house when one or more turbines is not operating (i.e., what happens with<br />

diversion)<br />

To my knowledge you still need the following information:<br />

• Information on how just compensation is calculated<br />

• Agreement from 1972 suspending collection of compensation from pre21972 irrigators<br />

• Other agreements related to water and operation of the project during the period of initial construction<br />

• Information on what happens to the project if a FERC license is not granted<br />

• Break2even point for amount of water below which power production would not be economical<br />

Please let me know if there is additional information you need. We will work with the <strong>District</strong> to provide the remaining<br />

information as soon as possible and we will provide a letter requesting the ice data that has been collected by DNR since<br />

1994.<br />

Regards,<br />

Lisa<br />

Lisa M. Richardson, P.E.<br />

Professional Associate<br />

HDR One Company | Many Solutions<br />

8404 Indian Hills Drive<br />

Omaha, NE 6811424049<br />

Phone: 402.926.7026<br />

Cell: 402.618.9865<br />

Fax: 402.399.1111<br />

2


Selzle, Lydia<br />

From: Richardson, Lisa (Omaha)<br />

Sent: Monday, November 03, 2008 4:27 PM<br />

To: 'jangell@dnr.ne.gov'<br />

Subject: <strong>Loup</strong> <strong>Power</strong> <strong>District</strong> + Relicensing<br />

Attachments: LPD.Dredging Lost Creek Agreement.pdf; LNGPC.030823.Nelson_Minimum_Flows.pdf<br />

Jean,<br />

Attached please find the following information per our discussion this afternoon:<br />

• PDF of letter from <strong>Loup</strong> <strong>Power</strong> <strong>District</strong> to NGPC agreeing to release additional water in the bypass reach of the<br />

<strong>Loup</strong> River per NGPC request.<br />

• PDF of the original agreement from 1935 between the <strong>District</strong> and Freda and C.H. Newman regarding a gate to<br />

release water from the tailrace into Lost Creek.<br />

Also, in reviewing notes from our previous agency meetings I identified the following questions that the <strong>District</strong> is does<br />

not track the information you have requested:<br />

• times water is taken from the power canal by irrigators + the <strong>District</strong> meters the water by volume and periodically<br />

checks to see that the meters are working, they do not have records of when an irrigator takes the water.<br />

• amount of water released into Lost Creek from the tailrace + there is not a gage at the gate into Lost Creek.<br />

I believe the following information was provided to you directly or is contained within the PAD. Please let me know if you<br />

need additional information related to these items:<br />

• number of agreements with irrigators<br />

• points of diversion<br />

• quantity of water taken by irrigators<br />

• estimated power produced per acre+foot (120 kWh/acre+foot)<br />

• operation of Columbus <strong>Power</strong>house when one or more turbines is not operating (i.e., what happens with<br />

diversion)<br />

To my knowledge you still need the following information:<br />

• Information on how just compensation is calculated<br />

• Agreement from 1972 suspending collection of compensation from pre+1972 irrigators<br />

• Other agreements related to water and operation of the project during the period of initial construction<br />

• Information on what happens to the project if a FERC license is not granted<br />

• Break+even point for amount of water below which power production would not be economical<br />

Please let me know if there is additional information you need. We will work with the <strong>District</strong> to provide the remaining<br />

information as soon as possible and we will provide a letter requesting the ice data that has been collected by DNR since<br />

1994.<br />

Regards,<br />

Lisa<br />

Lisa M. Richardson, P.E.<br />

Professional Associate<br />

HDR One Company | Many Solutions<br />

8404 Indian Hills Drive<br />

1


Selzle, Lydia<br />

From: Pillard, Matt<br />

Sent: Monday, November 03, 2008 9:32 AM<br />

To: Richardson, Lisa (Omaha)<br />

Subject: FW: LPPD FERC relicensing PAD<br />

From: Angell, Jean [mailto:jean.angell@nebraska.gov]<br />

Sent: Monday, November 03, 2008 9:24 AM<br />

To: Pillard, Matt<br />

Cc: Dunnigan, Brian; Andersen, Pamela; Thompson, Mike<br />

Subject: LPPD FERC relicensing PAD<br />

I received your phone call about the LPPD PAD. I feel it’s pretty much a waste to even respond, and<br />

here’s why: I don’t think I could have been much clearer about what study NDNR would like<br />

conducted. I asked at the last meeting that there be a study on what contribution, if any, LPPD’s power<br />

production procedures have on ice jam flooding, given the horrendous flooding in the past and the<br />

United States Army Corp of Engineers’ suggestion that this be studied once ice records were kept. I<br />

related that NDNR has been keeping ice records ever since the suggestion. I followed this up by<br />

mailing HDR another copy of the 1994 USACE report with a request that it be included in the PAD, and<br />

wrote, “The Nebraska Department of Natural Resources asks that studies be conducted on what<br />

contributions the operation of the LPPD canal have on ice jam flooding as well as what measures<br />

could be taken to mitigate ice jam flooding and resulting damages.” Apparently my communication<br />

skills are lacking as the PAD states that NDNR didn’t provide enough information for such study to be<br />

conducted? It was also noted in the PAD that LPPD “will continue to discuss this issue with NDNR to<br />

determine study needs.” Well LPPD hasn’t discussed anything with NDNR. Not this issue or the<br />

previous issues we’ve brought up. We have been promised information by LPPD, as well as HDR, that<br />

has not been forthcoming.<br />

Therefore, it seems a waste to continue with you in this procedure. If NDNR communicates with<br />

anyone on this relicensing, it will likely be FERC. NDNR does not wish for you to set up another<br />

meeting.<br />

Jean Angell<br />

Legal Counsel<br />

Department of Natural Resources<br />

47153931<br />

1


Selzle, Lydia<br />

From: Bender, John [john.bender@nebraska.gov]<br />

Sent: Monday, November 24, 2008 2:13 PM<br />

To: Pillard, Matt<br />

Cc: Michl, Greg<br />

Subject: FW: <strong>Loup</strong> <strong>Power</strong> Canal . Fish Tissue Info<br />

Attachments: <strong>Loup</strong><strong>Power</strong>PCBHistoricData.xls<br />

Matt,<br />

This is the information Greg Michl was able to put together. NDEQ will be following up on this site next summer as part<br />

of the Lower Platte Basin monitoring effort. Feel free to call either me or Greg if you need more of an explanation. Greg<br />

can supply you with our protocol on fish tissue monitoring if that would help.<br />

Please note my email address has changed to john.bender@nebraska.gov<br />

John F. Bender<br />

Water Quality Standards Coordinator<br />

Nebraska Department of Environmental Quality<br />

1200 N Street, P.O. Box 98922<br />

Lincoln, NE 68509-8922<br />

Phone: 402/471-4201<br />

From: Michl, Greg<br />

Sent: Wednesday, November 19, 2008 2:24 PM<br />

To: Bender, John; O'Brien, Patrick<br />

Subject: <strong>Loup</strong> <strong>Power</strong> Canal + Fish Tissue Info<br />

John and Pat:<br />

The PCB fish (carp) tissue consumption advisory for the <strong>Loup</strong> <strong>Power</strong> Canal came about through the following monitoring<br />

and assessment efforts:<br />

Year 1: 1993 - Single fillet sample collected and PCB levels triggered follow-up triplicate sampling in 1994.<br />

Year 2: 1994 - Triplicate fillet sample collected and levels supported issuing a consumption advisory.<br />

Year 3: 1995 - Consumption advisory issued; scheduled for re-sample in 3 years.<br />

Year 6: 1998 - Follow-up single fillet sample collected, and levels triggered triplicate fillet sampling in 1999.<br />

Year 7: 1999 - Triplicate fillet sample collected, levels supported maintaining consumption advisory.<br />

Year 12: 2004 - Single fillet sample collected and PCB levels were below trigger level for consumption advisory; triplicate<br />

resample scheduled for 2005 anyway.<br />

Year 13: 2005 - Triplicate fillet sample collected, levels supported maintaining consumption advisory.<br />

Year 17: 2009 - Single fillet sample is scheduled to be collected in 2009 as part of our Basin Rotation - advisory site<br />

follow-up sampling in the Lower Platte Basin.<br />

1


I've attached an EXCEL spreadsheet with the raw PCB data for each sampling date for your use. If I can be of more help<br />

let me know, Greg<br />

2


December 2, 2008<br />

Joel Jorgensen<br />

Nongame Bird Program Manager<br />

Wildlife Division<br />

Nebraska Game and Parks Commission<br />

2200 N. 33 rd Street<br />

Lincoln, NE 68503-0931<br />

RE: Information request for piping plover and least tern population trends in Nebraska<br />

Dear Mr. Jorgensen:<br />

<strong>Loup</strong> <strong>Power</strong> <strong>District</strong> (the <strong>District</strong>) filed a Notice of Intent (NOI) and a Pre-Application<br />

Document (PAD) in October 2008 to begin the Federal Energy Regulatory Commission<br />

(FERC) relicensing process for its hydroelectric facilities located on the <strong>Loup</strong> River near<br />

Columbus, Nebraska.<br />

HDR Engineering, Inc. (HDR), on behalf of the <strong>District</strong> would like to take this opportunity to<br />

thank you for your response to our first request for information received on<br />

September 6, 2008. We realize compiling that data took staff time and effort and it is greatly<br />

appreciated.<br />

HDR continues to gather information on potential issues of concern related to the relicensing<br />

effort for the <strong>Loup</strong> River Hydroelectric Project. Our next task is to develop detailed plans for<br />

studies that will be conducted to gather additional information relative to the issues raised by<br />

agencies. We have reviewed the information previously provided and would like to request<br />

the following additional information to help with further study plan development and to gain<br />

a better understanding of trends and factors affecting the interior least tern and piping plover<br />

populations in Nebraska:<br />

1. We have a 2001 write-up discussing the trends in Nebraska from the 1991, 1996 and<br />

2001 census data written by John Dinan. What types of trends have been documented<br />

for least terns and piping plovers within the last 7 years on Nebraska rivers<br />

(specifically the <strong>Loup</strong>, Niobrara, Missouri, and Platte rivers)? Is a Nebraska summary<br />

of the 2006 census data for terns and plovers available?


2. On a National level, what types of trends have been recorded for U.S. northern Great<br />

Plains piping plover population and Interior population of least terns in the last 20<br />

years? We currently have the published census data for piping plovers from 1991,<br />

1996, and 2001, do you know the current status of the 2006 national census data?<br />

3. In the meeting with Melissa Marinovich in August, you briefly described the general<br />

protocol and methods for your surveys. In an effort to gain a better understanding of<br />

how these surveys are conducted, could you please provide in greater detail the<br />

methodology and protocol for the surveys? Are the same protocols followed by other<br />

agencies that are also conducting surveys? Are the protocols the same for all the<br />

rivers as well as sand and gravel pits? Are there specific data forms that are filled out<br />

for each site surveyed?<br />

4. It was our understanding, based on the August meeting, that the Nebraska Game and<br />

Parks Commission is charged with keeping and summarizing census data for the state<br />

of Nebraska. Does the Commission have all information relative to these species or<br />

is some information kept separately by other agencies? How does the Commission<br />

receive data from other agencies? In summary form or in raw form?<br />

5. What types of tern and plover habitat trends, regarding suitability and availability of<br />

habitat, are the Nebraska Game and Parks Commission and other agencies observing<br />

on Nebraska rivers?<br />

6. What is believed to have the greatest overall effect on piping plover and least tern<br />

populations in Nebraska?<br />

7. What types of conservation efforts have the Nebraska Game and Parks Commission<br />

and other agencies implemented to protect and enhance the species?<br />

8. Has the Commission or its partners developed any hypotheses related to the causes<br />

for the recent trends in Nebraska? Are reasons for trends different for each river<br />

basin? Have the factors affecting population trends changed since the initial listing of<br />

the species? Have conservation efforts in Nebraska made an impact on the<br />

population?<br />

In addition to the above, please provide any additional information, studies, reports, etc.<br />

related to the species that would be helpful in analyzing trends and potential impacts related<br />

to the <strong>Loup</strong> River Hydroelectric Project. We appreciate your assistance in providing<br />

information to assist us with the relicensing effort. The information provided will be used for<br />

analytical purposes and the only information that will be published is information related to<br />

general trends and observations. Location specific information will not be published without<br />

the consent of the Commission.


Please feel free to contact Melissa Marinovich (402-399-1317) or me (402-926-7026) if you<br />

have any questions regarding this request. Once we have had a chance to review the<br />

information requested, we would like arrange a meeting with you to discuss any further<br />

questions we may have. As the relicensing process continues, we anticipate that we may<br />

have additional information requests. Thank you for your assistance.<br />

Sincerely,<br />

HDR ENGINEERING, INC.<br />

Lisa M. Richardson<br />

Project Manager<br />

cc: Neal Suess, <strong>Loup</strong> <strong>Power</strong> <strong>District</strong><br />

Mary Bomberger-Brown, Tern & Plover Conservation <strong>Part</strong>nership


December 2, 2008<br />

Ms. Jean Angell<br />

Nebraska Department of Natural Resources<br />

301 Centennial Mall South<br />

P.O. Box 94676<br />

Lincoln, NE 68509-4676<br />

RE: <strong>Loup</strong> <strong>Power</strong> <strong>District</strong> Hydroelectric Relicensing – Data Request<br />

Dear Jean:<br />

During agency discussions held earlier this year, you requested several pieces of information<br />

related to the <strong>District</strong>’s water rights and operation of the <strong>Loup</strong> River Hydroelectric facility.<br />

The <strong>District</strong> and HDR have previously provided the majority of the information requested.<br />

Enclosed please find the remaining outstanding items. I want to apologize for the length of time<br />

it has taken to get this information to you; however the <strong>District</strong> has been extremely busy with<br />

several other matters over the past several months. The material attached is as follows:<br />

Information related to calculation of “just compensation” for canal irrigators.<br />

Note: The <strong>District</strong> charges the same rate no matter where in the canal an irrigator<br />

takes their water – although water taken by some irrigators may already have been<br />

used for power production at the Monroe powerhouse and thus has less potential<br />

to produce power; charging a single rate for all canal irrigators is consistent with<br />

how electric utilities charge their customers – the rate is the same regardless of<br />

where on the system a customer resides. Additionally, please note that the <strong>District</strong><br />

has historically charged upstream irrigators $1 per acre-foot of water used – this<br />

value was determined by the <strong>District</strong>’s Board of Directors many years ago and no<br />

information is available on how this figure was calculated.<br />

The 1972 agreement suspending collection of payment from irrigators who had<br />

water rights prior to 1972.<br />

Agreements dealing with water rights and operation of the project during the<br />

period of initial construction. The following agreements are enclosed:<br />

o MOA between the <strong>District</strong> and Nebraska Game and Parks<br />

regarding waived power interference compensation for water usage<br />

at the fish hatchery at the Calamus reservoir.<br />

o Agreement between the <strong>District</strong> and the Bureau of Reclamation<br />

regarding replacement power for water usage on the <strong>Loup</strong> and<br />

Calamus rivers.<br />

o Agreements between the <strong>District</strong> and Bureau of Reclamation<br />

regarding replacement power for the Farwell and Sargent projects.


20081212-3009 FERC PDF (Unofficial) 12/12/2008<br />

OFFICE OF ENERGY PROJECTS<br />

FEDERAL ENERGY REGULATORY COMMISSION<br />

WASHINGTON, DC 20426<br />

December 12, 2008<br />

Project No. 1256-029 – Nebraska<br />

<strong>Loup</strong> River Hydroelectric Project<br />

<strong>Loup</strong> River Public <strong>Power</strong> <strong>District</strong><br />

Subject: Scoping of environmental issues for relicensing the <strong>Loup</strong> River<br />

Hydroelectric Project<br />

To the <strong>Part</strong>ies Addressed:<br />

The Federal Energy Regulatory Commission (Commission) is reviewing the Preapplication<br />

Document (PAD) submitted to the Commission by the <strong>Loup</strong> River Public<br />

<strong>Power</strong> <strong>District</strong> (<strong>Loup</strong> <strong>Power</strong> <strong>District</strong>) on October 16, 2008 for relicensing the <strong>Loup</strong> River<br />

Hydroelectric Project (FERC No. 1256-029). The project is located on the <strong>Loup</strong> River<br />

and occupies lands and waters in Nance and Platte Counties, Nebraska. The <strong>Loup</strong> <strong>Power</strong><br />

<strong>District</strong> will use the Commission’s Integrated Licensing Process (ILP) to relicense the<br />

project. Under the ILP, the <strong>Loup</strong> <strong>Power</strong> <strong>District</strong> must file their preliminary licensing<br />

proposal or a draft license application for the continued operation of the project by<br />

August 15, 2011. The final license application must be filed with the Commission on or<br />

before April 16, 2012. The current license for the project expires on April 15, 2014.<br />

Pursuant to the National Environmental Policy Act of 1969, as amended, the<br />

Commission staff intends to prepare an environmental assessment (EA) for the project.<br />

The EA would be used by the Commission to determine whether, and under what<br />

conditions, to issue a new license. To support and assist our environmental review, we<br />

are conducting a scoping process to ensure that all pertinent issues are identified and<br />

analyzed and that the EA is thorough and balanced.<br />

We invite your participation in the scoping process and are circulating the<br />

enclosed Scoping Document 1 (SD1) to provide you with information on the project and<br />

to solicit comments and suggestions on our preliminary list of issues and alternatives to<br />

be addressed in the EA. Please review this scoping document and, if you wish to provide<br />

comments, follow the instructions included in section 5.0 Request for Information and<br />

Studies. Besides our request for information in section 5.0 of the scoping document, the<br />

Commission’s ILP regulations require that parties wishing to submit comments on the


20081212-3009 FERC PDF (Unofficial) 12/12/2008<br />

PAD or staff’s scoping document, or wishing to request studies, do so on or before<br />

February 10, 2009. 1<br />

2<br />

As part of our scoping process and in an effort to identify issues, concerns, and<br />

opportunities associated with the proposed action, we will hold two scoping meetings on<br />

Monday and Tuesday, January 12 and 13, 2009, to receive input on the scope of the EA.<br />

A daytime meeting on Tuesday focused on resource agencies, Indian tribes, and nongovernmental<br />

organizations (NGO’s), will begin at 9:00 a.m. An evening meeting on<br />

Monday, primarily for the public, will start at 7:00 p.m. Both meetings will be held at the<br />

Holiday Inn Express, 524 E. 23 rd Street, Columbus, Nebraska. The public, agencies,<br />

Indian tribes, and NGOs may attend either or both meetings. Further, the <strong>Loup</strong> <strong>Power</strong><br />

<strong>District</strong> and Commission staff will conduct a site visit of the project on Monday, January<br />

12, 2009, starting at 9:00 a.m. Those wishing to participate should meet at 8:45 a.m. at<br />

the <strong>Loup</strong> <strong>Power</strong> <strong>District</strong> Main Office, 2404 15 th Street, Columbus, Nebraska. To<br />

appropriately accommodate persons interested in attending the site visit, participants<br />

should contact Ron Ziola at (402) 564-3171 or e-mail rziola@loup.com by January 5,<br />

2009. More information about the scoping meetings and site visit is available in the<br />

scoping document.<br />

The SD1 is being distributed to the Commission’s official mailing list (see section<br />

9.0). If you wish to be added to or removed from the Commission’s official mailing list,<br />

please send your request by mail to: Kimberly D. Bose, Secretary, Federal Energy<br />

Regulatory Commission, 888 First Street, N.E., Room 1A, Washington, DC 20426. All<br />

written, electronic filings, or e-mailed requests must specify your wish to be removed or<br />

added to the mailing list and must clearly identify the following on the first page: <strong>Loup</strong><br />

River Project No. 1256-029. For assistance with electronic filing or e-mail notification<br />

registration, please refer to the instructions in section 5.0 of the scoping document.<br />

Please review this SD1 and, if you wish to provide comments, follow the<br />

instructions in section 5.0. For questions about the SD1, the scoping process, or how<br />

Commission staff will develop the EA for this project, please contact Kim Nguyen at<br />

(202) 502-6105 or e-mail kim.nguyen@ferc.gov. Additional information about the<br />

Commission’s licensing process and the <strong>Loup</strong> River Project may be obtained from our<br />

website, http://www.ferc.gov or <strong>Loup</strong> <strong>Power</strong> <strong>District</strong>’s relicensing website,<br />

http://www.loup.com/relicense.<br />

Enclosure: Scoping Document 1<br />

cc: Mailing List<br />

Public Files<br />

1 CFR 18 Section 5.9 Comments and information or study requests


20081212-3009 FERC PDF (Unofficial) 12/12/2008<br />

SCOPING DOCUMENT<br />

LOUP RIVER HYDROELECTRIC PROJECT<br />

NEBRASKA<br />

PROJECT NO. 1256-029<br />

Federal Energy Regulatory Commission<br />

Office of Energy Projects<br />

Division of Hydropower Licensing<br />

Washington, DC<br />

December 2008


20081212-3009 FERC PDF (Unofficial) 12/12/2008<br />

TABLE OF CONTENT<br />

1.0 INTRODUCTION ...................................................................................................... 4<br />

2.0 SCOPING.................................................................................................................... 4<br />

2.1 Purposes of Scoping ...................................................................................... 6<br />

2.2 Comments and Scoping Meetings and Site Visit.......................................... 6<br />

3.0 PROPOSED ACTION AND ALTERNATIVES ..................................................... 8<br />

3.1 <strong>Loup</strong> <strong>Power</strong> <strong>District</strong>’s Proposed Action............................................................ 8<br />

3.1.1 Description of Existing and Proposed Project Facilities...................... 8<br />

3.1.2 Existing and Proposed Project Operation............................................ 9<br />

3.2 Staff's Modification of the Proposed Action............................................... 10<br />

3.3 No-action Alternative.................................................................................. 10<br />

3.4 Alternatives Considered but Eliminated from Detailed Study.................... 10<br />

3.4.1 Federal Government Takeover.......................................................... 10<br />

3.4.2 Nonpower License............................................................................. 11<br />

3.4.3 Project Decommissioning ................................................................. 11<br />

4.0 SCOPE OF CUMULATIVE ANALYSIS AND RESOURCE ISSUES .............. 11<br />

4.1 Cumulative Effects .......................................................................................... 11<br />

4.1.1 Resources That Could Be Cumulatively Affected ............................ 12<br />

4.1.2 Geographic Scope.............................................................................. 12<br />

4.1.3 Temporal Scope................................................................................. 12<br />

4.2 Resource Issues ............................................................................................... 13<br />

4.2.1 Geology and Soil Resources ............................................................. 13<br />

4.2.2 Aquatic Resources............................................................................. 13<br />

4.2.3 Terrestrial Resources......................................................................... 13<br />

4.2.4 Threatened and Endangered Species................................................. 14<br />

4.2.5 Recreation and Land Use .................................................................. 14<br />

4.2.6 Land Use and Aesthetics ................................................................... 14<br />

4.2.7 Cultural Resources ............................................................................ 15<br />

4.2.8 Developmental Resources ................................................................. 15<br />

4.3 Proposed Protection and Enhancement Measures and Potential Studies........ 15<br />

5.0 REQUEST FOR INFORMATION AND STUDIES............................................. 16<br />

6.0 EA PREPARATION SCHEDULE ......................................................................... 18<br />

7.0 EA OUTLINE ........................................................................................................... 19<br />

8.0 LIST OF COMPREHENSIVE PLANS.................................................................. 20<br />

9.0 MAILING LIST........................................................................................................ 21<br />

APPENDIX A - PROCESS PLANS AND SCHEDULES............................................ 25<br />

APPENDIX B- STUDY PLAN CRITERIA.................................................................. 27<br />

2


20081212-3009 FERC PDF (Unofficial) 12/12/2008<br />

LIST OF FIGURES<br />

Figure 1. Location of the <strong>Loup</strong> River Project No. 1256-029......................................... 5<br />

3


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1. INTRODUCTION<br />

The Federal Energy Regulatory Commission (Commission), under the authority of<br />

the Federal <strong>Power</strong> Act (FPA), 2 may issue licenses for up to 50 years for the construction,<br />

operation, and maintenance of non-federal hydroelectric projects. On October 16, 2008,<br />

the <strong>Loup</strong> River Public <strong>Power</strong> <strong>District</strong> (<strong>Loup</strong> <strong>Power</strong> <strong>District</strong>), the current licensee, filed a<br />

Notice of Intent (NOI) to seek a new license 3 and a Pre-application Document (PAD) for<br />

the 53.46-megawatt (MW) <strong>Loup</strong> River Hydroelectric Project (FERC Project No. 1256-<br />

029). The <strong>Loup</strong> River Project is located on the <strong>Loup</strong> River and occupies lands and<br />

waters in Nance and Platte Counties, Nebraska (figure 1). The <strong>Loup</strong> <strong>Power</strong> <strong>District</strong> is<br />

using the Integrated Licensing Process (ILP) and intends to file its application for a new<br />

license for the project with the Commission on or before April 16, 2012.<br />

The National Environmental Policy Act (NEPA) of 1969, 4 the Commission’s<br />

regulations, and other applicable laws require that we independently evaluate the<br />

environmental effects of licensing the project as proposed, as well as consider reasonable<br />

alternatives to the proposed action. Based on our review of the PAD and preliminary<br />

analysis of the issues, we propose to prepare an Environmental Assessment (EA) that<br />

describes and evaluates the probable effects, including an assessment of the site-specific<br />

and cumulative effects, if any, of the proposed action and alternatives considered. This<br />

scoping process will help us to identify the pertinent issues that we will need to analyze<br />

in the EA.<br />

2.0 SCOPING<br />

This scoping document is intended to advise all participants about the proposed<br />

scope of the EA and to seek additional information pertinent to this analysis. This<br />

document contains a brief description of: (1) the scoping process and schedule for<br />

developing the EA; (2) a description of the proposed action and alternatives; (3) a<br />

preliminary identification of environmental issues and proposed studies; (4) a request for<br />

comments and information; (5) a proposed EA outline; and (6) a preliminary list of<br />

comprehensive plans that are applicable to the project.<br />

2 16 U.S.C. §§ 791(a)-825(r) (2000).<br />

3 The current license for the <strong>Loup</strong> River Project was issued on December 29, 1982<br />

(21 FERC 62,535), for a term of 30 years with an effective date of December 1, 1982; the<br />

license expires on April 15, 2012.<br />

4 42 U.S.C. §§ 4321-70(f) (2000).<br />

4


20081212-3009 FERC PDF (Unofficial) 12/12/2008<br />

Figure 1. Location of the <strong>Loup</strong> River Project No. 1256-029 (Source: <strong>Loup</strong> <strong>Power</strong><br />

<strong>District</strong>, 2008, PAD).<br />

5


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2.1 Purposes of Scoping<br />

Scoping is the process used to identify issues, concerns, and opportunities<br />

associated with a proposed action. The process, according to NEPA, should be<br />

conducted early in the planning stage of a project.<br />

The purposes of the scoping process are as follows:<br />

Invite participation of federal, state, and local resource agencies, Indian tribes,<br />

non-governmental organizations (NGOs), and other interested persons to help<br />

us identify significant environmental and socioeconomic issues related to the<br />

proposed action<br />

Determine the resource areas, depth of analysis, and significance of issues to<br />

be addressed in the EA<br />

Identify how the project would or would not contribute to cumulative impacts<br />

in the project area<br />

Identify reasonable alternatives to the proposed action that should be evaluated<br />

in the EA<br />

Solicit from participants available information on the resources at issue<br />

Determine the resource areas and potential issues that do no require detailed<br />

analysis during review of the project<br />

2.2 Comments and Scoping Meetings and Site Visit<br />

Between now and the Commission’s licensing decision, there will be three<br />

opportunities for the public and resource agencies to comment on the scope and contents<br />

of the EA:<br />

During the public scoping process and study plan meetings, prior to<br />

preparation of the EA, so Commission staff can receive written comments<br />

regarding scope and content<br />

In response to the Commission’s ready for environmental analysis notice<br />

After issuance of the EA, so that staff can receive written comments on the EA<br />

Scoping Meetings<br />

In addition to written comments solicited by this scoping document, Commission<br />

staff will hold two public scoping meetings in the vicinity of the project. A daytime<br />

meeting will focus on resource agency concerns and an evening meeting will focus on<br />

receiving input from the public. We invite all interested agencies, Indian tribes, NGOs,<br />

and individuals to attend one or both of the meetings to assist staff in identifying<br />

6


20081212-3009 FERC PDF (Unofficial) 12/12/2008<br />

environmental issues that should be analyzed in the EA. The times and locations of the<br />

meetings are listed below.<br />

Daytime Scoping Meeting<br />

Date: Tuesday, January 13, 2009<br />

Time: 9:00 a.m.<br />

Location: Holiday Inn Express<br />

524 E. 23 rd Street<br />

Columbus, Nebraska 68601<br />

(402) 564-2566<br />

Evening Scoping Meeting<br />

Date: Monday, January 12, 2009<br />

Time: 7:00 p.m.<br />

Location: same as daytime meeting<br />

The scoping meetings will be recorded by a court reporter, and both written and<br />

verbal statements will become part of the Commission’s public record for the project.<br />

Individuals presenting statements at the meetings will be asked to clearly identify<br />

themselves for the record. Interested parties who choose not to speak or who are unable<br />

to attend any of the scoping meetings may provide written comments and information to<br />

the Commission as described in section 5.0 of this scoping document. These meetings<br />

will be posted on the Commission’s calendar, located on the internet at<br />

http://www.ferc.gov/EventCalendar/EventsList.aspx, along with other related<br />

information.<br />

Meeting participants are encouraged to come to the scoping meetings prepared to<br />

discuss their issues and/or concerns as they pertain to relicensing the <strong>Loup</strong> River Project.<br />

To prepare for the scoping meetings, we ask that participants review the PAD. A copy of<br />

the PAD is available for review at the Commission in the Public Reference Room or may<br />

be viewed on the Commission’s website (http://www.ferc.gov), using the “eLibrary” link.<br />

Enter the docket number, P-1256, to access the document. For assistance, contact FERC<br />

Online Support at FERCOnlineSupport@FERC.gov or call toll free at 1-866-208-3676,<br />

or for TTY, (202) 502-8659.<br />

Following the scoping meetings and comment period, all issues raised will be<br />

reviewed and decisions will be made about the level of analysis needed. If our<br />

preliminary analysis shows that any issues presented in this scoping document have little<br />

potential for causing significant effects, the issue(s) will be identified and the reasons for<br />

not providing a more detailed analysis will be noted in the EA.<br />

If we receive no substantive comments on this scoping document, then we will not<br />

prepare a Scoping Document 2 (SD2). If we issue an SD2, it will be for informational<br />

7


20081212-3009 FERC PDF (Unofficial) 12/12/2008<br />

use only and will not require a response from any participant in the process. The EA will<br />

address the major issues identified during the scoping process.<br />

Site Visit<br />

The <strong>Loup</strong> <strong>Power</strong> <strong>District</strong> and Commission staff will conduct a site visit of the key<br />

project facilities on Monday, January 12, 2009, starting at 9:00 a.m. Those wishing to<br />

participate should meet at 8:45 a.m. at:<br />

<strong>Loup</strong> <strong>Power</strong> <strong>District</strong> Main Office<br />

2404 15 th Street<br />

Columbus, Nebraska 68602<br />

To appropriately accommodate persons interested in attending the site visit,<br />

participants should contact Ron Ziola at (402) 564-3171 or e-mail rziola@loup.com by<br />

January 5, 2009. The <strong>Loup</strong> <strong>Power</strong> <strong>District</strong> will provide transportation from their Main<br />

Office to the project site and lunch for the site visit. <strong>Part</strong>icipants should dress<br />

appropriately for outdoor, winter elements. In the event of inclement weather,<br />

participants can check the <strong>Loup</strong> <strong>Power</strong> <strong>District</strong>’s Relicensing Hotline at (866) 869-2087<br />

for updates on the site visit.<br />

3.0 PROPOSED ACTION AND ALTERNATIVES<br />

In accordance with NEPA, our environmental analysis will consider, at a<br />

minimum, the following alternatives: (1) <strong>Loup</strong> <strong>Power</strong> <strong>District</strong>’s proposed action; (2)<br />

alternatives to the proposed action; and (3) no action.<br />

3.1 <strong>Loup</strong> <strong>Power</strong> <strong>District</strong>’s Proposed Action<br />

The <strong>Loup</strong> <strong>Power</strong> <strong>District</strong> is seeking a new license for the continued operation and<br />

maintenance of the <strong>Loup</strong> River Project. The Commission will consider whether, and<br />

under what conditions, to issue a new license for the project.<br />

3.1.1 Description of Existing and Proposed Project Facilities<br />

The headworks for the <strong>Loup</strong> River Project are located on the <strong>Loup</strong> River<br />

approximately 34 miles upstream of the confluence of the <strong>Loup</strong> and Platt Rivers. Water<br />

is diverted at the headworks into the Upper <strong>Power</strong> Canal to the Monroe <strong>Power</strong>house.<br />

From this powerhouse, water then flows into the Lower <strong>Power</strong> Canal to Lakes Babcock<br />

and North (regulating reservoirs). From these lakes, flow is then diverted into the Intake<br />

Canal to the Columbus <strong>Power</strong>house. From this powerhouse, flow is then diverted back to<br />

the Platte River via the Tailrace Canal.<br />

8


20081212-3009 FERC PDF (Unofficial) 12/12/2008<br />

The <strong>Loup</strong> River Project consists of: (1) a diversion weir on the <strong>Loup</strong> River at an<br />

elevation of 1,574 feet with wooden flashboards (or planks) to create an effective crest<br />

elevation of 1,576 feet; (2) eleven 24-foot-long and 5-foot-wide steel intake gates located<br />

on the north bank of the river at elevation 1,569.5 feet; (3) three 20-foot-long and 6-footwide<br />

steel sluice gates at elevation 1,568 feet spanning the portion of river flowing<br />

between the downstream leg of the diversion weir and the intake gates diverting water<br />

into a settling basin; (4) a 2-mile-long, 200-foot wide, and 16-foot-deep settling basin<br />

with a floating hydraulic dredge and skimming weir at the downstream end of the settling<br />

basin; (5) a 10-mile-long, 73-foot-wide, and 14.3-foot-deep Upper <strong>Power</strong> Canal with<br />

inverted siphons bringing water to the Monroe <strong>Power</strong>house; (6) the Monroe <strong>Power</strong>house<br />

containing three Francis-type, turbine-generating units each with a rated capacity of<br />

2.621 MW; (7) a 13-mile-long, 39-foot-wide, and 19.5-foot-deep Lower <strong>Power</strong> Canal<br />

with two siphons extending from the Monroe <strong>Power</strong>house to Lake Babcock; (8) a<br />

concrete weir structure (Sawtooth Weir) located where the Lower <strong>Power</strong> Canal enters<br />

Lake Babcock; (9) a 760-acre regulating reservoir, Lake Babcock, with storage capacity<br />

of 11,000 acre-feet at its full pool elevation of 1,531 feet; (10) a 200-acre second<br />

regulating reservoir, Lake North, with storage capacity of 2,080 acre-feet at an elevation<br />

of 1,531 feet; (11) a concrete control structure in the south dike linking the two regulating<br />

reservoirs; (12) a 1.5-mile-long, 94- to 108-foot-wide, and 17.2- to 22.2-foot-deep intake<br />

canal bringing water from the reservoirs to the Columbus <strong>Power</strong>house; (13) a 60-footlong,<br />

104-foot-wide, and 40-foot-high inlet structure with trashracks; (14) three 20-footdiameter<br />

and 385-foot-long steel penstocks connecting the inlet structure with the<br />

powerhouse; (15) the Columbus <strong>Power</strong>house containing three Francis-type, turbinegenerating<br />

units each with a rated capacity of 15.2 MW; (16) a 5.5-mile, 42-foot-wide,<br />

and 19-foot-deep tailrace canal returning water to the river; and (17) appurtenant<br />

facilities.<br />

3.1.2 Existing and Proposed Project Operation<br />

From the headworks to the regulating reservoirs (Lakes Babcock and North), the<br />

project is operated run-of-river. From the regulating reservoirs to the Columbus<br />

<strong>Power</strong>house, the project operates in an on-and-off mode called hydrocycling. Using the<br />

storage capacity of the Lakes and the Nebraska Public <strong>Power</strong> <strong>District</strong>’s need for power on<br />

a daily basis, power is generated for one, or sometime, two, periods of several hours<br />

during the day.<br />

The hydraulic capacity for the project is 3,500 cubic feet per second (cfs), or 6,930<br />

acre-feet per day, so all flows above this must be bypassed into the <strong>Loup</strong> River.<br />

Typically, during normal project operations, the long-term average amount of flow<br />

diverted for the project is 1,610 cfs, or 3,180 acre-feet per day. During cold weather<br />

operations, the entire 35-mile length of the project must be monitored for heavy slush,<br />

frazil ice formation, ice floes, and ice jams. Any of these conditions may create an<br />

emergency situation where flow diversion must be quickly adjusted or curtailed. During<br />

9


20081212-3009 FERC PDF (Unofficial) 12/12/2008<br />

high flows operations, typically during the spring freshet, the diversion of flows for the<br />

project would reduce or curtail as needed. During the hot summer months when flows in<br />

the <strong>Loup</strong> River are impacted by upstream irrigation withdrawals, the project operates by<br />

releasing a minimum of 50 to 75 cfs in the <strong>Loup</strong> River bypass reach when conditions<br />

warrant.<br />

The project generates about 134,192 megawatt-hours (MWh) of energy per year.<br />

The <strong>Loup</strong> <strong>Power</strong> <strong>District</strong> proposes no changes to the operation of the project.<br />

3.2 Staff's Modification of the Proposed Action<br />

We will consider various alternatives, including environmental measures not<br />

proposed by the <strong>Loup</strong> <strong>Power</strong> <strong>District</strong>. We will consider and assess all alternative<br />

recommendations for operational or facility modifications, as well as protection,<br />

mitigation, and enhancement measures identified by us (the Commission staff), the<br />

agencies, Indian tribes, NGOs, and the general public. To the extent that modifications<br />

would reduce power production from the project, we will evaluate the costs of providing<br />

an equivalent amount of fossil-fueled power generation.<br />

3.3 No-action Alternative<br />

Under no action, the <strong>Loup</strong> River Project would continue to operate as required by<br />

the current project license (i.e., there would be no change to the existing environment).<br />

No new environmental protection, mitigation, or enhancement measures would be<br />

implemented. We use this alternative to establish baseline environmental conditions for<br />

comparison with other alternatives.<br />

3.4 Alternatives Considered but Eliminated from Detailed Study<br />

At present, we propose to eliminate the following alternatives from detailed and<br />

comprehensive analyses in the EIS.<br />

3.4.1 Federal Government Takeover<br />

In accordance with § 16.14 of the Commission’s regulations, a federal department<br />

or agency may file a recommendation that the United States exercise its right to take over<br />

a hydroelectric power project with a license that is subject to sections 14 and 15 of the<br />

FPA. 5 We do not consider federal takeover to be a reasonable alternative. Federal<br />

takeover of the project would require congressional approval. While that fact alone<br />

would not preclude further consideration of this alternative, there is currently no evidence<br />

5 16 U.S.C. §§ 791(a)-825(r).<br />

10


20081212-3009 FERC PDF (Unofficial) 12/12/2008<br />

showing that federal takeover should be recommended to Congress. No party has<br />

suggested that federal takeover would be appropriate and no federal agency has expressed<br />

interest in operating the project.<br />

3.4.2 Nonpower License<br />

A non-power license is a temporary license which the Commission would<br />

terminate whenever it determines that another governmental agency will assume<br />

regulatory authority and supervision over the lands and facilities covered by the nonpower<br />

license. Hence, issuing a non-power license for the project would not provide a<br />

long-term solution to the issues presented. To date, no party has sought a non-power<br />

license, and we have no basis for concluding that the project should no longer be used to<br />

produce power. Thus, we do not consider a non-power license to be a reasonable<br />

alternative to some form of new license with enhancement measures.<br />

3.4.3 Project Decommissioning<br />

Decommissioning of the projects could be accomplished with or without dam<br />

removal. Either alternative would require denying the relicense applications and<br />

surrender or termination of the existing license with appropriate conditions. There would<br />

be significant costs involved with decommissioning the projects and/or removing any<br />

project facilities. The projects provide a viable, safe, and clean renewable source of<br />

power (about 134,192 MWh annually) to the region. With decommissioning, the projects<br />

would no longer be authorized to generate power.<br />

At this time, no party has suggested that project decommissioning would be<br />

appropriate in this case, and we have no basis for recommending it. Thus, we do not<br />

consider project decommissioning a reasonable alternative to relicensing the projects with<br />

appropriate environmental enhancement measures.<br />

4.0 SCOPE OF CUMULATIVE ANALYSIS AND RESOURCE ISSUES<br />

4.1 Cumulative Effects<br />

According to the Council on Environmental Quality's regulations for<br />

implementing NEPA (40 CFR Section 1508.7), a cumulative effect is an impact on the<br />

environment resulting from the incremental impacts of the action when added to other<br />

past, present and reasonably foreseeable future actions, regardless of what agency or<br />

person undertakes such other actions. Cumulative effects can result from individually<br />

minor but collectively significant actions taking place over a period of time, including<br />

hydropower and other land and water development activities.<br />

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4.1.1 Resources That Could Be Cumulatively Affected<br />

We have reviewed the information provided in the PAD, and based on our review<br />

and preliminary analysis, we have identified threatened and endangered species,<br />

specifically the federally listed piping plover, interior least tern, and pallid sturgeon as<br />

resources that may be cumulatively affected by the proposed continued operation of the<br />

<strong>Loup</strong> River Project.<br />

Water depletions and diversions associated with evaporative losses, irrigation<br />

diversions, human disturbances, channelization, encroaching vegetation, and<br />

introductions of non-native species have led to degradation of habitat and reduced<br />

populations of the above federally listed species in the lower Platte River. Depletions of<br />

water (evaporative losses) and flow alterations associated with <strong>Loup</strong> River Project<br />

operations may contribute to the adverse effects on these species.<br />

4.1.2 Geographic Scope<br />

Our geographic scope of analysis for cumulatively affected resources is defined by<br />

the physical limits or boundaries of: (1) the proposed action's effect on the resources, and<br />

(2) contributing effects from other hydropower and non-hydropower activities within the<br />

<strong>Loup</strong> River basin and the lower Platte River basin. Because the proposed action would<br />

affect the resources differently, the geographic scope for each resource may vary.<br />

At this time, we have tentatively identified the <strong>Loup</strong> River basin and the lower<br />

Platte River to its confluence with the Missouri River as our geographic scope of analysis<br />

for the federally listed species.<br />

4.1.3 Temporal Scope<br />

The temporal scope of our cumulative effects analysis in the EA will include a<br />

discussion of past, present, and future actions and their effects on each resource. Based<br />

on the potential term of a new license, the temporal scope will look 30-50 years into the<br />

future, concentrating on the effect to the resources from reasonably foreseeable future<br />

actions. The historical discussion will, by necessity, be limited to the amount of available<br />

information for each resource.<br />

We are seeking further information from federal and state resource agencies,<br />

Indian tribes, and any other sources pertaining to past, present, and future actions and<br />

their effects on the aforementioned resources (in the form of previous studies; present<br />

plans; and future plans, goals, or forecasts) in the <strong>Loup</strong> River basin and the lower Platter<br />

River, especially those areas where we will focus our analysis (see section 5 for<br />

submitting information).<br />

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4.2 Resource Issues<br />

In this section, we present the preliminary list of environmental issues and<br />

concerns to be addressed in the EA. This list is not intended to be exhaustive or final, but<br />

is an initial listing of issues we have identified to date associated with relicensing the<br />

project. We may modify or add to the list of issues based on comments received during<br />

scoping. After scoping is completed, we will review this list and determine the<br />

appropriate level of analysis needed to address each issue in the EA. For convenience,<br />

the issues have been listed by resource area. Those issues identified by an asterisk (*)<br />

will be analyzed for both cumulative and site-specific effects.<br />

4.2.1 Geology and Soil Resources<br />

Effects of continued project operation and maintenance and recreational<br />

boating on shoreline erosion.<br />

4.2.2 Aquatic Resources<br />

Effects of the project diversions on water temperatures in the bypass reach<br />

below Genoa, Nebraska.<br />

Effects of the project diversions on bacteria levels in public water wells<br />

adjacent to the bypass reach.<br />

Effects of project operations on water quality (dissolved oxygen [DO], E. coli,<br />

pH, and temperature) in the power canal and regulating reservoirs.<br />

Effects of the project diversions and flow fluctuations on aquatic habitat<br />

(including habitat connectivity and distribution) and aquatic species in the<br />

<strong>Loup</strong> River below the project diversion structure and in the lower Platte<br />

River.*<br />

Effects of peaking (hydrocycling) operations on aquatic habitat and aquatic<br />

species below tailrace and in the lower Platte River.*<br />

Effects of intermittent flow releases from the tailrace canal into Lost Creek on<br />

aquatic resources and aquatic habitat in Lost Creek.<br />

Effects of the diversion weir on fish passage and aquatic species distribution<br />

and life histories in the <strong>Loup</strong> River.<br />

Effects of peaking (hydrocycling) operations on fish stranding and mortality in<br />

the tailrace canal and the lower Platte River.<br />

4.2.3 Terrestrial Resources<br />

Effects of the project diversions and flow fluctuations on wetland and riparian<br />

vegetation establishment and composition in the <strong>Loup</strong> River below the project<br />

diversion structure and in the lower Platte River.<br />

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Effects of project operation and maintenance activities and project-related<br />

recreation have on wintering and nesting bald eagles, and migratory birds<br />

(bank and cliff swallows), and small white lady’s slipper.<br />

4.2.4 Threatened and Endangered Species<br />

Potential effects of continued project operations (timing and amount of flow<br />

diversion for generation, sediment management, and flow fluctuations from<br />

peaking (hydrocycling) operations) on the federally listed pallid sturgeon in the<br />

<strong>Loup</strong> River and lower Platte River.*<br />

Effects of continued project operations (timing and amount of flow diversion<br />

for generation, sediment management, and flow fluctuations from peaking<br />

(hydrocycling) operations) and project-related recreation (use of off-road<br />

vehicles) on the federally listed interior least tern and piping plover in the<br />

bypass reach of the <strong>Loup</strong> River, the sand management areas, and in the lower<br />

Platte River, specifically considering: (1) creation, longevity, and quality of<br />

nesting habitat (sandbar formation, foundation, erosion); (2) availability of<br />

food and the quality of foraging habitat; (3) species composition and<br />

establishment of invasive species and woody vegetation; (4) susceptibility of<br />

land-based predation and human disturbance on nesting terns and piping<br />

plovers; and (5) nesting initiation and success (inundation effects).*<br />

Effects of flow fluctuations from peaking (hydrocycling) operations on ice jam<br />

formations in the lower Platte River including associated effects (ice scouring)<br />

on nesting and foraging habitat for the least tern and piping plover.<br />

Effects of continued project operations on the federally listed Western prairie<br />

fringed orchid.<br />

4.2.5 Recreation and Land Use<br />

Effects of existing recreation facilities (fishing areas, hunting areas, camping<br />

sites, boat launches, trails, playgrounds and swimming areas) and public access<br />

within the project boundary on current and future (over the term of a new<br />

license) recreation demand, including barrier-free access.<br />

Effects of water quality on recreational fisheries, swimming, canoeing, and<br />

boating.<br />

Effects of the project diversion on the recreational use within the bypass reach<br />

of the <strong>Loup</strong> River.<br />

4.2.6 Land Use and Aesthetics<br />

Effects of current project operation, maintenance, and recreation on adjacent<br />

land uses.<br />

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Effects of encroaching vegetation and bank stabilization measures along<br />

shoreline areas on aesthetic resources within the project area.<br />

4.2.7 Cultural Resources<br />

Effects of continued project operations and maintenance on cultural, historic,<br />

archeological, and traditional resources in the project area of potential effect<br />

and their eligibility to be included in the National Register of Historic Places<br />

4.2.8 Developmental Resources<br />

The effects of the proposed project and alternatives, including any<br />

recommended environmental measures on the power economic of the project.<br />

4.3 Proposed Protection and Enhancement Measures and Potential Studies<br />

Depending upon the findings of studies completed by <strong>Loup</strong> <strong>Power</strong> <strong>District</strong> and the<br />

recommendations of the consulted entities, <strong>Loup</strong> <strong>Power</strong> <strong>District</strong> will consider, and may<br />

propose certain other measures to enhance environmental resources affected by the<br />

project as part of the proposed action. The following are <strong>Loup</strong> <strong>Power</strong> <strong>District</strong>’s initial<br />

study proposals to fill information gaps to address the above issues and determine<br />

appropriate environmental measures. Further studies may need to be added to this list<br />

based on comments provided to the Commission from interested participants, including<br />

Indian tribes. <strong>Loup</strong> <strong>Power</strong> <strong>District</strong> proposes the following studies:<br />

Sedimentation - Determine if project operations materially affect sediment<br />

transport within the <strong>Loup</strong> River bypass reach and the Platte River downstream<br />

of the Tailrace Canal.<br />

Hydrocycling - Determine the effect of Project operations on the sub-daily<br />

hydrograph and stage of the Platte River downstream of the Tailrace Canal.<br />

Water Temperature in the Platte River - Determine if Project operations<br />

materially affect water temperature in the Lower Platte River.<br />

Water Temperature in the <strong>Loup</strong> River bypass reach - Determine if Project<br />

operations materially affect water temperature in the <strong>Loup</strong> River bypass reach.<br />

Flow Depletion in the <strong>Loup</strong> River bypass reach - Determine the effect on<br />

riverine habitat of reduced flows in the <strong>Loup</strong> River bypass reach resulting from<br />

project operations.<br />

Fish Sampling - Determine the species abundance, composition, and<br />

distribution of sport fisheries in the <strong>Loup</strong> <strong>Power</strong> Canals.<br />

Fish Passage - Determine if the diversion weir is a barrier to fish movement<br />

upstream.<br />

Recreational User Survey - Determine the public awareness, usage, and<br />

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demand of the project’s existing recreational facilities to determine if potential<br />

improvements are needed.<br />

Creel Survey - Determine the status of project fisheries and how the fisheries<br />

are used by anglers.<br />

Land Use Inventory - Determine specific land use of properties that abut the<br />

project boundary to identify potential conflicts and/or opportunities.<br />

Section 106 Compliance - Programmatic approach - Achieve NHPA section<br />

106 compliance through a programmatic, ongoing relationship between the<br />

<strong>Loup</strong> <strong>Power</strong> <strong>District</strong> and the Nebraska SHPO<br />

Additional studies may be needed based on comments provided by the<br />

Commission, federal and state resource agencies, Indian tribes, and interested<br />

participants.<br />

The Commission recommends the following measures at this time:<br />

Aquatic and Fishery Resources<br />

Continue to defer non-emergency maintenance procedures that require<br />

substantial curtailment of power canal flows to prevent low DO levels in the<br />

power canal.<br />

Terrestrial Resources<br />

Continue to implement the protocols for cessation of dredging activities in the<br />

north sand management area during the least tern and piping plover nesting<br />

season.<br />

Recreation and Land Use<br />

Recreational User Survey to determine public awareness, usage, and demand<br />

of existing project recreational facilities, to determine if improvements are<br />

needed.<br />

Land use Inventory to determine specific land use of properties that are within<br />

the project area, to identify potential conflicts and/or opportunities.<br />

5.0 REQUEST FOR INFORMATION AND STUDIES<br />

We are asking federal, state, and local resource agencies, Indian tribes, NGOs, and<br />

other entities and individuals to forward to the Commission any information that will<br />

assist us in conducting an accurate and thorough analysis of the site-specific and<br />

cumulative effects of relicensing the <strong>Loup</strong> River Project. The types of requested<br />

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information that we seek include, but are not limited to:<br />

Information, quantified data, or professional opinion that may contribute to<br />

defining the geographic scope of the analysis, including the analysis of<br />

cumulative effects, and identifying significant environmental issues<br />

Identification of, and information from, any other environmental document or<br />

similar study (previous, ongoing, or planned) relevant to the proposed licensing<br />

of the project<br />

Existing information and any data that would help to describe the past, present,<br />

and future actions and the effects of the project and other developmental<br />

activities on environmental and socioeconomic resources<br />

Information that would help characterize the existing environmental conditions<br />

and habitats<br />

Identification of any federal, state, or local agency or Indian tribe resource<br />

plans and future project proposals in the affected resource area, such as<br />

proposals to construct or operate water treatment facilities, recreation areas,<br />

water diversions, timber harvest activities, or fish management programs<br />

Documentation of any cumulative effects associated with basin-wide activities,<br />

including any such effects to resources that may be attributed to relicensing the<br />

<strong>Loup</strong> River Project<br />

Documentation showing why any resources should be excluded from further<br />

consideration<br />

The requested information and study requests should be submitted in writing to the<br />

Commission no later than February 20, 2009. All filings must clearly identify the<br />

following on the first page: <strong>Loup</strong> River Project (P-1256-029). Address all<br />

communications to:<br />

Kimberly D. Bose, Secretary<br />

Federal Energy Regulatory Commission<br />

888 First Street, N.E., Room 1A<br />

Washington, DC 20426<br />

All filings sent to the Secretary of the Commission should contain an original and<br />

eight copies. Failure to file an original and eight copies may result in appropriate staff<br />

not receiving the benefit of your comments in a timely manner. The Commission<br />

strongly encourages electronic filings. See 18 CFR 385.2001(a)(1)(iii) and the<br />

instructions on the Commission’s website (http://www.ferc.gov) under the “efiling” link.<br />

Register online at http://www.ferc.gov/docs-filing/esubscription.asp to be notified<br />

via e-mail of new filings and issuances related to this or other pending projects.<br />

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In addition, there is a “Quick Comment” option available, which is an easy<br />

method for interested persons to submit text only comments on a project. The Quick-<br />

Comment User Guide can be viewed at http://www.ferc.gov/docs-filing/efiling/quickcomment-guide.pdf.<br />

Quick Comment does not require a FERC eRegistration account;<br />

however, you will be asked to provide a valid email address. All comments submitted<br />

under either eFiling or the Quick Comment option are placed in the public record for the<br />

specified docket.<br />

For assistance with electronic filing, quick comment, or e-mail notification<br />

registration, please contact FERC Online Support at FERCOnlineSupport@ferc.gov or<br />

toll-free at 1-(866) 208-3676, or for TTY, (202) 502-8659. Any questions concerning<br />

scoping or preparation of the EA for this proposed action should be directed to Kim<br />

Nguyen at (202) 502-6105 or e-mail kim.nguyen@ferc.gov.<br />

6.0 EA PREPARATION SCHEDULE<br />

At this time, we do not anticipate the need for preparing a draft EA. We will<br />

prepare a “single EA” for these projects, which will be sent to all persons and entities on<br />

the Commission’s service and mailing lists for the <strong>Loup</strong> River Project. The EA will<br />

include our recommendations for operating procedures, as well as environmental<br />

protection and enhancement measures that should be part of any license issued by the<br />

Commission. All recipients (and stakeholders) will then have 45 days to review the EA<br />

and file written comments with the Commission. All comments on the EA, filed with the<br />

Commission, will be considered in any Commission order rendering a decision on a new<br />

license for the project. 6<br />

<strong>Appendix</strong> A contains the Process Plan and schedule for pre-application activity.<br />

Our preliminary schedule for processing the license application is as follows:<br />

ACTION TARGET DATE<br />

Scoping Meetings January 2009<br />

License Applications Filed April 2012<br />

Issue Ready for Environmental Analysis Notice July 2012<br />

Deadline for Filing Comments, Recommendations and September 2012<br />

Agency Terms and Conditions/Prescriptions<br />

Single EA Issued May 2013<br />

Deadline for Filing Modified Agency Recommendations July 2013<br />

6<br />

Should substantive comments requiring reanalysis be received on the EA, we<br />

would consider preparing a subsequent EA.<br />

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SUMMARY<br />

7.0 EA OUTLINE<br />

The preliminary outline for the <strong>Loup</strong> River Project EA is as follows:<br />

1.0 APPLICATION<br />

2.0 PURPOSE OF ACTION AND NEED FOR POWER<br />

2.1 Purpose of Action<br />

2.2 Need for <strong>Power</strong><br />

3.0 PROPOSED ACTION AND ALTERNATIVES<br />

3.1 Project Facilities and Operation<br />

3.2 Proposed Protection, Mitigation, and Enhancement Measures<br />

3.3 Additional Staff-recommended Measures<br />

3.4 No-action<br />

3.5 Alternatives Considered but Eliminated from Detailed Study<br />

4.0 CONSULTATION AND COMPLIANCE<br />

4.1 Scoping<br />

4.2 Interventions<br />

4.3 Comments on the Application<br />

4.4 Compliance<br />

4.4.1 Water Quality Certification<br />

4.4.2 Section 18 Fishway Prescription<br />

4.4.3 Endangered Species Act<br />

4.4.4 Coastal Zone Consistency Determination<br />

4.4.5 Section 106 <strong>Consultation</strong><br />

5.0 ENVIRONMENTAL ANALYSIS<br />

5.1 General Description of the <strong>Loup</strong> River Basin<br />

5.2 Cumulative Effects<br />

5.2.1 Geographic Scope<br />

5.2.2 Temporal Scope<br />

5.3 Environmental Analysis<br />

5.3.1 Geology and Soils<br />

5.3.2 Water Resources<br />

5.3.3 Fisheries and Aquatics<br />

5.3.4 Terrestrial Resources<br />

5.3.5 Threatened and Endangered Species<br />

5.3.6 Recreational Resources<br />

5.3.7 Land Use and Aesthetic Resources<br />

5.3.8 Archeological and Historic Resources<br />

5.4 No Action<br />

6.0 DEVELOPMENTAL ANALYSIS<br />

6.1 <strong>Power</strong> and Economic Benefits<br />

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6.2 Cost of Environmental Measures<br />

6.3 Economic Comparison of the Alternatives<br />

7.0 COMPREHENSIVE DEVELOPMENT ANALYSIS<br />

8.0 RECOMMENDATIONS OF FISH AND WILDLIFE AGENCIES<br />

9.0 CONSISTENCY WITH COMPREHENSIVE PLANS<br />

10.0 FINDING OF [OR NO] SIGNIFICANT IMPACT<br />

11.0 LITERATURE CITED<br />

LIST OF PREPARES<br />

APPENDICES (As Needed)<br />

8.0 LIST OF COMPREHENSIVE PLANS<br />

Section 10(a)(2) of the FPA requires us to consider whether or not, and under what<br />

conditions, relicensing the project would be consistent with relevant comprehensive plans<br />

on the Commission’s Comprehensive Plan List. Those plans currently listed on the<br />

Commission’s Comprehensive Plan List which we consider to be relevant to this project<br />

are listed below. We ask agencies to review this list and to inform us of any changes<br />

(additions/subtractions) that are needed. If there are plans that should be added to the list,<br />

agencies should file the plans according to 18 CFR 2.19.<br />

National Park Service. 1982. The nationwide rivers inventory. Department of the Interior,<br />

Washington, D.C. January 1982.<br />

Nebraska Game and Parks Commission. 1980. State Comprehensive Outdoor Recreation<br />

Plan (SCORP). Lincoln, Nebraska. June 1980.<br />

Platte River Report Management Joint Study. 1990. Biology workgroup final report.<br />

Denver, Colorado. July 20, 1990. 131 pp. 4 6<br />

U.S. Fish and Wildlife Service. 1990. Endangered resources in the Platte River<br />

ecosystem: description, human influences and management options. Department of the<br />

Interior, Denver, Colorado. July 20, 1990. 52 pp.<br />

U.S. Fish and Wildlife Service. 1987. Fish and wildlife resources of interest to the U.S.<br />

Fish and Wildlife Service on the Platte River, Nebraska. Department of the Interior,<br />

Grand Island, Nebraska. May 15, 1987. 37 pp.<br />

U.S. Fish and Wildlife Service. 1988. Great Lake and Northern Great Plains Piping<br />

Plover recovery plan. Department of the Interior, Twin Cities, Minnesota.<br />

May 12, 1988.<br />

U.S. Fish and Wildlife Service. Canadian Wildlife Service. 1986. North American<br />

waterfowl management plan. Department of the Interior. Environment Canada. May<br />

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1986.<br />

U.S. Fish and Wildlife Service. Undated. Fisheries USA: the recreational fisheries policy<br />

of the U.S. Fish and Wildlife Service. Washington, D.C.<br />

9.0 MAILING LIST<br />

The list below is the Commission’s official mailing list for the <strong>Loup</strong> River Project.<br />

If you want to receive future mailings for the <strong>Loup</strong> River Project and are not included in<br />

the list below, please send your request by email to efiling@ferc.gov or by mail to:<br />

Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 888 First Street,<br />

N.E., Room 1A, Washington, DC 20426. All written and emailed requests to be added to<br />

the mailing list must clearly identify the following on the first page: <strong>Loup</strong> River Project<br />

No. 1256-029. You may use the same method if requesting removal from the mailing list<br />

shown below.<br />

Commission’s Mailing List for the <strong>Loup</strong> River Project<br />

Environmental Protection Agency<br />

901 N 5th St<br />

Kansas City, NEBRASKA 66101-2907<br />

Federal Energy Regulatory Commission<br />

CHICAGO REGIONAL OFFICE - FEDERAL BLDG.<br />

230 S Dearborn St Ste 3130<br />

Chicago, NEBRASKA 60604-1695<br />

Forest Service<br />

PO Box 25127<br />

Denver, NEBRASKA 80225-0127<br />

Regional Hydropower Coordinator<br />

FOREST SERVICE<br />

125 S State St<br />

Salt Lake City, NEBRASKA 84138<br />

ROBERT E WHITE, GEN. MANAGER<br />

LOUP RIVER PUBLIC POWER DISTRICT<br />

PO Box 988<br />

Columbus, NEBRASKA 68602-0988<br />

OWEN LLOYD, ENGR. MANAGER<br />

LOUP RIVER PUBLIC POWER DISTRICT<br />

PO Box 988<br />

Columbus, NEBRASKA 68602-0988<br />

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Neal Suess, President/CEO<br />

LOUP RIVER PUBLIC POWER DISTRICT<br />

2404 15th Street<br />

P.O. Box 988<br />

Columbus, NEBRASKA 68602-0988<br />

Prescott Brownell, Regional FERC Coordinator<br />

National Marine Fisheries Service<br />

219 Fort Johnson Road<br />

Charleston, NEBRASKA 29412<br />

NEBRASKA DEPARTMENT OF AGRICULTURE<br />

PO Box 94947<br />

Lincoln, NEBRASKA 68509-4947<br />

Director<br />

Nebraska Department of Natural Resources<br />

PO Box 94676<br />

Lincoln, NEBRASKA 68509-4676<br />

Director<br />

NEBRASKA DEPT. OF ENVIRONMENTAL QUALITY<br />

PO Box 98922<br />

Lincoln, NEBRASKA 68509-8922<br />

Frank Albrecht, Director<br />

NEBRASKA GAME & PARKS COMMISSION<br />

PO Box 30370<br />

Lincoln, NEBRASKA 68503-0370<br />

ATTY. GENERAL<br />

NEBRASKA OFFICE OF THE ATTORNEY GEN.<br />

STATE CAPITOL<br />

LINCOLN, NEBRASKA 68509<br />

NEBRASKA STATE HISTORICAL SOCIETY<br />

1500 R St<br />

Lincoln, NEBRASKA 68508-1651<br />

U.S. Bureau of Reclamation<br />

PO Box 36900<br />

Billings, NEBRASKA 59107-6900<br />

U.S. Fish and Wildlife Service<br />

FEDERAL BUILDING<br />

203 W 2nd St<br />

Grand Island, NEBRASKA 68801-5907<br />

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U.S. Fish and Wildlife Service<br />

Regional Director<br />

PO Box 25486<br />

Denver, NEBRASKA 80225-0486<br />

Angela M Tornes<br />

U.S. National Park Service<br />

626 E Wisconsin Ave Ste 100<br />

Milwaukee, NEBRASKA 53202-4609<br />

Nick Chevance, Environmental Coordinator<br />

U.S. National Park Service<br />

601 Riverfront Drive<br />

Planning And Compliance Office<br />

Omaha, NEBRASKA 68102<br />

Honorable Chuck Hagel<br />

United States Senate<br />

Washington, NEBRASKA 20510<br />

Honorable Ben Nelson<br />

United States Senate<br />

Washington, NEBRASKA 20510<br />

US Army Corps of Engineers<br />

MISSOURI RIVER DIVISION<br />

12565 W Center Road<br />

Omaha, NEBRASKA 68144-3869<br />

US Bureau of Indian Affairs<br />

ABERDEEN AREA OFFICE<br />

115 4th Ave SE<br />

Aberdeen, NEBRASKA 57401-4310<br />

Bob Dach, Hydropower Program Manager<br />

US Bureau of Indian Affairs<br />

Natural Resources<br />

911 NE 11th Avenue<br />

Portland, NEBRASKA 97232<br />

US Bureau of Land Management<br />

PO Box 1828<br />

Cheyenne, NEBRASKA 82003-1828<br />

US Department of Interior<br />

OFFICE OF ENVIRONMENTAL AFFAIRS<br />

1849 C St NW # ROOM 2353<br />

Washington, DC 20240-0001<br />

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Roger Trudell, Chairman<br />

Santee Sioux Tribal Council<br />

Route 2<br />

Niobrara, NEBRASKA 68760<br />

Trey Howe, Chairman<br />

Ponca Tribe of Oklahoma<br />

P.O. Box 2, White Eagle Drive<br />

Ponca City, OKLAHOMA 74601<br />

Amen Sheridan, Chairman<br />

Omaha Tribal Council<br />

Omaha Tribe of Nebraska<br />

P.O. Box 368<br />

Macy, NEBRAKSA 68039<br />

George Howell, President<br />

Pawnee Tribal Business Council<br />

P.O. Box 470<br />

Pawnee, OKLAHOMA 74058<br />

Robert F Stewart, Director<br />

US Department of Interior<br />

PO Box 25007<br />

Denver, NEBRASKA 0007<br />

24


20081212-3009 FERC PDF (Unofficial) 12/12/2008<br />

APPENDIX A - PROCESS PLANS AND SCHEDULES<br />

LOUP RIVER ILP PROCESS PLAN AND SCHEDULE<br />

Responsible <strong>Part</strong>y Pre-Filing Milestone Date<br />

FERC<br />

Regulation<br />

<strong>Loup</strong> <strong>Power</strong> <strong>District</strong> File NOI/PAD with FERC 10/16/08 5.5, 5.6<br />

FERC Tribal Meeting 5.7<br />

FERC<br />

Notice of Commencement of<br />

Proceeding and SD1 issued<br />

12/12/08 5.8<br />

FERC<br />

Scoping and Site Visit (approximate<br />

date)<br />

1/12/09 5.8(b)(viii)<br />

All stakeholders<br />

NOI/PAD/SD1 comments and Study<br />

Requests<br />

2/10/09 5.9<br />

FERC Issue SD2 if needed 3/27/09 5.1<br />

<strong>Loup</strong> <strong>Power</strong> <strong>District</strong> File Proposed Study Plan 3/27/09 5.11(a)<br />

All stakeholders Study Plan Meeting 4/27/09 5.11(e)<br />

All stakeholders Study Plan Comments Due 6/26/09 5.12<br />

<strong>Loup</strong> <strong>Power</strong> <strong>District</strong> File Revised Study Plan 7/27/09 5.13(a)<br />

All stakeholders Revised Study Plan Comments Due 8/11/09 5.13(b)<br />

FERC Director’s Study Plan Determination 8/26/09 5.13(c)<br />

USFS, USFWS,<br />

NDEQ<br />

Any Study Disputes Due 1<br />

9/15/09 5.14(a)<br />

Study D. Panel Third Panel Member Selected 10/5/09 5.14(d)(3)<br />

Study D. Panel Panel Convenes 10/5/09 5.14(d)<br />

<strong>Loup</strong> <strong>Power</strong> <strong>District</strong><br />

Applicant Comments on Study<br />

Dispute Due<br />

10/9/09 5.14(i)<br />

Study D. Panel Technical Conference Held 10/15/09 5.14(j)<br />

Study D. Panel Panel Finding Issued 11/4/09 5.14(k)<br />

FERC<br />

Director’s Study Dispute<br />

Determination<br />

11/24/09 5.14(l)<br />

<strong>Loup</strong> <strong>Power</strong> <strong>District</strong> First Study Season<br />

Sum/Fall<br />

09<br />

5.15(a)<br />

<strong>Loup</strong> <strong>Power</strong> <strong>District</strong> Initial Study Report 8/26/10 5.15(c)(1)<br />

All stakeholders Initial Study Report Meeting 9/10/10 5.15(c)(2)<br />

<strong>Loup</strong> <strong>Power</strong> <strong>District</strong><br />

Initial Study Report Meeting<br />

summary<br />

9/24/10 5.15(c)(3)<br />

All stakeholders<br />

Study Disputes/Request to Modify<br />

Study Plan Due<br />

10/25/10 5.15(c)(4)<br />

All stakeholders<br />

Responses to Disputes/Study<br />

Requests<br />

11/24/10 5.15(c)(5)<br />

FERC Directors Study Plan Determination 12/27/10 5.15(c)(6)<br />

25


20081212-3009 FERC PDF (Unofficial) 12/12/2008<br />

Responsible <strong>Part</strong>y Pre-Filing Milestone Date<br />

FERC<br />

Regulation<br />

<strong>Loup</strong> <strong>Power</strong> <strong>District</strong> Second Study Season<br />

Spr/Sum<br />

10<br />

5.15(a)<br />

<strong>Loup</strong> <strong>Power</strong> <strong>District</strong> Updated Study Report Due 8/26/11 5.15(f)<br />

All stakeholders Updated Study Report Meeting 9/9/11 5.15(f)<br />

<strong>Loup</strong> <strong>Power</strong> <strong>District</strong><br />

Updated Study Report Meeting<br />

Summary<br />

9/23/11 5.15(f)<br />

All stakeholders<br />

Study Disputes/Request to Modify<br />

Study Plan Due<br />

10/24/11 5.15(f)<br />

All stakeholders<br />

Responses to Disputes/Study<br />

Requests<br />

11/23/11 5.15(f)<br />

FERC Directors Study Plan Determination 12/23/11 5.15(f)<br />

<strong>Loup</strong> <strong>Power</strong> <strong>District</strong> Preliminary Licensing Proposal File 8/15/11 5.16(a)<br />

All stakeholders<br />

Comments on Preliminary Licensing<br />

Proposal<br />

11/14/11 5.16(e)<br />

<strong>Loup</strong> <strong>Power</strong> <strong>District</strong> License Application Filed 4/16/12 5.17<br />

1<br />

Shaded milestones are unnecessary if there are no study disputes.<br />

26


20081212-3009 FERC PDF (Unofficial) 12/12/2008<br />

APPENDIX B- STUDY PLAN CRITERIA [18 CFR Section 5.9(b)]<br />

Any information or study request must contain the following:<br />

1. Describe of the goals and objectives of each study proposal and the information to<br />

be obtained;<br />

2. If applicable, explain the relevant resource management goals of the agencies or<br />

Indian tribes with jurisdiction over the resource to be studied;<br />

3. If the requester is not a resource agency, explain any relevant public interest<br />

considerations in regard to the proposed study;<br />

4. Describe existing information concerning the subject of the study proposal, and<br />

the need for additional information;<br />

5. Explain any nexus between project operations and effects (direct, indirect, and/or<br />

cumulative) on the resource to be studied, and how the study results would inform<br />

the development of license requirements;<br />

6. Explain how any proposed study methodology (including any preferred data<br />

collection and analysis techniques, or objectively quantified information, and a<br />

schedule including appropriate field season(s) and the duration) is consistent with<br />

generally accepted practice in the scientific community or, as appropriate,<br />

considers relevant tribal values and knowledge; and<br />

7. Describe considerations of level of effort and cost, as applicable, and why any<br />

proposed alternative studies would not be sufficient to meet the stated information<br />

needs.<br />

27


20081212-3009 FERC PDF (Unofficial) 12/12/2008<br />

Document Content(s)<br />

P-1256-029Letter.DOC..................................................1-29


Subject: Recreation/Land Use/Aesthetics Work Group Study Plans<br />

Client: <strong>Loup</strong> <strong>Power</strong> <strong>District</strong><br />

Project: FERC Relicensing<br />

Meeting Date: 12/19/08<br />

Notes by: Ellen Fitzsimmons<br />

Attendees:<br />

Mary Brown, Stern and Plover Conservation <strong>Part</strong>nership<br />

Jim Frear, <strong>Loup</strong> <strong>Power</strong> <strong>District</strong><br />

Randy Thoreson, National Parks Service<br />

Dave Tunink, NE Game and Parks<br />

Ron Ziola, <strong>Loup</strong> <strong>Power</strong> <strong>District</strong><br />

Quinn Damgaard, HDR<br />

Ellen Fitzsimmons, HDR<br />

Matt Pillard, HDR<br />

George Waldow, HDR<br />

Topics Discussed:<br />

HDR Engineering, Inc.<br />

Project No:<br />

Meeting Location: conference call<br />

8404 Indian Hills Drive<br />

Omaha, Nebraska 68114-4098<br />

Meeting Notes<br />

Update on Relicensing Process<br />

• FERC has scheduled the scoping visit for Jan. 12 th and 13 th .<br />

• On the 12 th , <strong>Loup</strong> will offer a tour of the Project from 9 AM to 3 PM. Those interested in attending<br />

should contact Ron Ziola.<br />

• The public scoping meeting will be held in Columbus on the 12 th at 7 PM.<br />

• The agency scoping meeting will be held in Columbus on the 13 th at 9 AM. (The public may<br />

attend, but this meeting will be structured for agency input.)<br />

• Study requests are due to FERC on February 20 th .<br />

Creel Survey<br />

• It is important to conduct the creel survey May through September. FERC will not issue official<br />

approval of study plans until Sept 2009. The study must be completed by 2011 at the latest.<br />

• There is some risk in continuing with the study prior to final FERC approval, but due to seasonal<br />

constraints and the relative importance of the creel study, it may be worth conducting the survey<br />

in 2009.<br />

• Study timing should be discussed with FERC during the scoping meetings.<br />

• The creel survey and recreation survey are closely related. The timing of the studies should be<br />

coordinated to maximize efficiency.<br />

Land Use Inventory<br />

• Land ownership is not as important as land use.<br />

• Land uses can be identified with aerial photography and then field checked.<br />

• Land uses surrounding public access points to the Project Boundary will be inventoried and<br />

assessed to identify any access issues, conflicts or opportunities.<br />

• The Project Boundary scale used in Figure 4-1 in the PAD can be used for the inventory.<br />

• Conventional land use designations will be used except where additional detail is needed to<br />

explain a land use conflict or opportunity. More specific land uses inside the Project Boundary<br />

will also be identified in detail when a single designation of “Project Boundary” is not adequate to<br />

describe the type of use or potential conflict or opportunity.<br />

Phone (402) 399-1000<br />

Fax (402-399-1111<br />

www.hdrinc.com<br />

Page 1 of 2


[Subject]<br />

[Date]<br />

Recreation Survey<br />

• Is a recreation survey adequate at this point in the relicensing process or is an entire recreation<br />

plan needed?<br />

• <strong>Loup</strong> believes they have provided recreation facilities to meet the perceived demand. The survey<br />

will allow <strong>Loup</strong> to test this assumption. <strong>Loup</strong> is planning to complete a Form 80 recreation<br />

inventory in 2009.<br />

• It is likely that FERC will require a complete recreation plan be completed as part of the<br />

relicensing. In order to complete a recreation plan, findings from other studies will also be<br />

needed (creel, environmental, etc.). Carrying out a recreation plan without other study findings<br />

may be premature. The survey findings will be used to identify key topics for a future recreation<br />

plan.<br />

• Scoping discussions with FERC should address these questions of recreation survey topics and<br />

timing.<br />

• Other important issues to be covered in the recreation survey are: type of use (bird watching,<br />

hiking, camping, boating, etc.), frequency of use, most commonly used facilities, distance<br />

traveled, improvement, key locations, and condition of facilities.<br />

Aesthetics<br />

• In general, the Project is considered attractive and well maintained. It creates a natural greenway<br />

through Nance and Platte Counties.<br />

• The few identified issues are: cut banks along canal, rip-rap, vandalism, littering.<br />

• Aesthetic issues may emerge as part of the historic designation.<br />

• During the scoping meetings FERC should be asked which study would be the appropriate<br />

vehicle for approaching aesthetics issues.<br />

Other Items<br />

• The corrected Section 6 was sent to Randy and Mary.<br />

• A potential conflict between Off-Road Vehicle Park and the birds in the North Sand Management<br />

Area.<br />

• Cut bank use at borrow sites will be evaluated to avoid disrupting nesting swallows.<br />

HDR Engineering, Inc.<br />

8404 Indian Hills Drive<br />

Omaha, NE 68114-4049<br />

Phone (402) 399-1000<br />

Fax (402) 399-4979<br />

www.hdrinc.com<br />

Page 2 of 2


Selzle, Lydia<br />

From: Richardson, Lisa (Omaha)<br />

Sent: Wednesday, January 21, 2009 7:02 AM<br />

To: Frame, Gail<br />

Subject: FW: <strong>Loup</strong> <strong>Power</strong> <strong>District</strong> Relicensing ( Notice of Scoping Information<br />

From: Pillard, Matt<br />

Sent: Monday, December 08, 2008 11:23 AM<br />

To: Barb Friskopp; David Jundt; Frank Albrecht; Henry Santin; Jason Alexander; Jean Angell; Joe Cothern; John Bender;<br />

John Shadle; Joseph Mangiamelli; Randy Thoreson; Robert Harms; Robert Puschendorf; Stacy Stupka,Burda;<br />

pcclerk@megavision.com<br />

Cc: Neal Suess; Richardson, Lisa (Omaha); Waldow, George<br />

Subject: <strong>Loup</strong> <strong>Power</strong> <strong>District</strong> Relicensing , Notice of Scoping Information<br />

Good Morning.<br />

We recently checked in with FERC regarding timeframes for the next steps in the process and I wanted to make sure that<br />

a few important dates were passed your way.<br />

FERC has indicated they will issue their scoping document by December 15. According to the ILP process, comments on<br />

the PAD and study requests are due 60 days after the scoping document is issued. In addition, FERC is planning to have<br />

scoping meetings on January 12 and 13 (in Columbus, location unknown at this time). Preliminarily, a site visit will be held<br />

on the 12th with a public scoping meeting in the evening. The agency scoping meeting is planned for the morning of the<br />

13th.<br />

We are passing this information on as an FYI ( the <strong>District</strong> is not responsible for setting the date for the scoping document<br />

release nor for the coordination of the scoping meetings (dates, schedule, content) but we wanted to give you a heads up<br />

since the schedule moves very quickly and we have the holidays squeezed in the middle. This information is what we<br />

have received from FERC at this time and is subject to change. Once FERC finalizes their schedule, they should notify<br />

you. We will also post the information on the web site as soon as we get it.<br />

Thanks again and hope to see you in January.<br />

Matt Pillard, AICP<br />

Senior Environmental Planner<br />

HDR | ONE COMPANY | Many Solutions Sol<br />

8404 Indian Hills Drive | Omaha, NE | 68114(4098<br />

Phone: 402.399.1186 | Cell: 402.689.5187| Fax: 402.399.1111<br />

Email: Matt.Pillard@hdrinc.com<br />

1


o Applications and subsequent filings related to the <strong>District</strong>’s <strong>Power</strong><br />

Lease (application numbers 2287 & 2573).<br />

There are two additional pieces of information that you requested for which the <strong>District</strong> does not<br />

have information:<br />

What happens if the FERC license is not granted? This is something that FERC<br />

would have to answer. The <strong>District</strong> is not aware of a situation where this has<br />

happened before, but FERC would decide what happens to the project.<br />

What is the break-even point for the amount of water needed to produce power,<br />

below which it would not be economical? The <strong>District</strong> is compensated by<br />

upstream water users that have water rights and agreements with the <strong>District</strong>.<br />

If water users have no agreement with the <strong>District</strong>, the DNR would shut off their<br />

rights when the <strong>District</strong> makes a call on the <strong>Loup</strong> River. This is what should be<br />

currently happening, given that the <strong>District</strong> put a call on the <strong>Loup</strong> River in 1955<br />

and renewed the call in 2008.<br />

As you can see, there is a lot of information and it may be difficult to track how everything fits<br />

together. Due to the complexity of this information and the likelihood that you and others in the<br />

Department would have additional questions regarding the materials provided, I would like to<br />

suggest a meeting with the <strong>District</strong>, our consultants, HDR, and representatives from the DNR,<br />

specifically you and Brain Dunnegan, as well as any others you may identify to talk about the<br />

<strong>District</strong>’s water rights, what we have done in the past and our project operation, as well as to<br />

discuss which of the Department’s questions will be addressed during FERC relicensing and<br />

which ones will be addressed separately.<br />

Let me know some dates that work for you and we will try to arrange a meeting. If it needs to be<br />

in Lincoln we can accommodate that, but it might be easier to meet in Columbus, since we have<br />

all our files here and could provide additional information as needed.<br />

If you have any questions, please feel free to contact me (402-564-3171 ext. 268) or Lisa<br />

Richardson of HDR (402-926-7026) at your convenience.<br />

Regards,<br />

Neal Suess<br />

President/CEO<br />

c: Lisa Richardson, HDR<br />

Ron Ziola<br />

s:\Relicensing\DNR-angell_letter-Dec08


~0081211-0208 FERC PDF (Unofficial) 12/10/2008<br />

Kim Nguyen<br />

From:<br />

Sent:<br />

To"<br />

Cc:<br />

Ichoughton@hotmail.com on behalf of Loule Houghton [houghton(~innebagotribe.com]<br />

Tuesday, December 09, 2008 11:46 AM<br />

Kim Nguyen<br />

JBH; Ken<br />

Subject: Hydroelectric Project<br />

Page 1 o<br />

Kim,<br />

In review of your correspondence of October 23rd this year; the Tribal Council has determined that the<br />

Winnebago Tribe will not participate In the <strong>Loup</strong> River Hydroelectric Project Relicensing Process. The Winnebag~<br />

Tribe does not have property located In Nance and Platte Counties.<br />

Thank you for contacting us on this matter.<br />

Louis C. Houghton, Jr., Secretary<br />

Winnebago Tribal Council<br />

You live life online. So we put Windows on the web. Learn more about Windows Live<br />

12/9/2008<br />

• ' 7.~


Selzle, Lydia<br />

From: Bob Puschendorf [bpuschendorf@nebraskahistory.org]<br />

Sent: Thursday, December 11, 2008 3:13 PM<br />

To: Pillard, Matt; Barb Friskopp; David Jundt; Frank Albrecht; Henry Santin; Jason Alexander;<br />

Jean Angell; Joe Cothern; John Bender; John Shadle; Joseph Mangiamelli; Randy Thoreson;<br />

Robert Harms; Stacy Stupka0Burda; pcclerk@megavision.com<br />

Cc: Neal Suess; Richardson, Lisa (Omaha); Waldow, George<br />

Subject: Re: <strong>Loup</strong> <strong>Power</strong> <strong>District</strong> Relicensing 0 Notice of Scoping Information<br />

I want to inform you and the other coordinators that Stacy Stupka0Burda has left our office. I will be the contact for this<br />

project in the interim and we will pursue a person to take her place.<br />

00000 Original Message 00000<br />

From: Pillard, Matt<br />

To: Barb Friskopp ; David Jundt ; Frank Albrecht ; Henry Santin ; Jason Alexander ; Jean Angell ; Joe Cothern ; John<br />

Bender ; John Shadle ; Joseph Mangiamelli ; Randy Thoreson ; Robert Harms ; Robert Puschendorf ; Stacy Stupka0<br />

Burda ; pcclerk@megavision.com<br />

Cc: Neal Suess ; Richardson, Lisa (Omaha) ; Waldow, George<br />

Sent: Monday, December 08, 2008 11:22 AM<br />

Subject: <strong>Loup</strong> <strong>Power</strong> <strong>District</strong> Relicensing 0 Notice of Scoping Information<br />

Good Morning.<br />

We recently checked in with FERC regarding timeframes for the next steps in the process and I wanted to make sure that<br />

a few important dates were passed your way.<br />

FERC has indicated they will issue their scoping document by December 15. According to the ILP process, comments on<br />

the PAD and study requests are due 60 days after the scoping document is issued. In addition, FERC is planning to<br />

have scoping meetings on January 12 and 13 (in Columbus, location unknown at this time). Preliminarily, a site visit will<br />

be held on the 12th with a public scoping meeting in the evening. The agency scoping meeting is planned for the morning<br />

of the 13th.<br />

We are passing this information on as an FYI 0 the <strong>District</strong> is not responsible for setting the date for the scoping<br />

document release nor for the coordination of the scoping meetings (dates, schedule, content) but we wanted to give you<br />

a heads up since the schedule moves very quickly and we have the holidays squeezed in the middle. This information is<br />

what we have received from FERC at this time and is subject to change. Once FERC finalizes their schedule,<br />

they should notify you. We will also post the information on the web site as soon as we get it.<br />

Thanks again and hope to see you in January.<br />

Matt Pillard, AICP<br />

Senior Environmental Planner<br />

HDR | ONE COMPANY | Many Solutions Sol<br />

8404 Indian Hills Drive | Omaha, NE | 6811404098<br />

Phone: 402.399.1186 | Cell: 402.689.5187| Fax: 402.399.1111<br />

Email: Matt.Pillard@hdrinc.com<br />

1


20081212-4007 FERC PDF (Unofficial) 12/12/2008<br />

UNITED STATES OF AMERICA<br />

FEDERAL ENERGY REGULATORY COMMISSION<br />

<strong>Loup</strong> River Public <strong>Power</strong> <strong>District</strong> Project No. 1256-029-Nebraska<br />

NOTICE OF SCOPING MEETINGS AND SITE VISITS<br />

(December 12, 2008)<br />

a. Type of Filings: Notice of Intent to File License Applications for New<br />

Licenses; Pre-Application Documents; Commencement of Licensing<br />

Proceedings.<br />

b. Project No.: 1256-029<br />

c. Dated Filed: October 16, 2008<br />

d. Submitted By: <strong>Loup</strong> River Public <strong>Power</strong> <strong>District</strong> (<strong>Loup</strong> <strong>Power</strong> <strong>District</strong>)<br />

e. Name of Project: <strong>Loup</strong> River Hydroelectric Project No. 1256<br />

f. Location: The <strong>Loup</strong> River Hydroelectric Project is located on the <strong>Loup</strong> River<br />

in Nance and Platte Counties, Nebraska.<br />

g. Filed Pursuant to: 18 CFR <strong>Part</strong> 5 of the Commission’s Regulations<br />

h. Potential Applicant Contact: Neal Suess, President/CEO, <strong>Loup</strong> <strong>Power</strong> <strong>District</strong>,<br />

P.O. Box 988, 2404 15 th Street, Columbus, Nebraska 68602 (866) 869-2087.<br />

i. FERC Contact: Kim Nguyen (202) 502-6015 or via e-mail at<br />

kim.nguyen@ferc.gov.<br />

j. <strong>Loup</strong> <strong>Power</strong> <strong>District</strong> filed Pre-Application Document (PAD) for the <strong>Loup</strong><br />

River Project, including proposed process plan and schedule, with the<br />

Commission pursuant to 18 CFR 5.6 of the Commission’s regulations.<br />

k. Copies of the PAD and Scoping Document 1 (SD1) are available for review at<br />

the Commission in the Public Reference Room or may be viewed on the<br />

Commission’s website (http://www.ferc.gov), using the “eLibrary” link. Enter<br />

the docket number, excluding the last three digits, in the docket number field to<br />

access the document. For assistance, contact FERC Online Support at<br />

FERCONlineSupport@ferc.gov or toll free at 1-866-208-3676, or for TTY,


20081212-4007 FERC PDF (Unofficial) 12/12/2008<br />

Project No. 1256-029 2<br />

(202) 502-8659. A copy is also available for inspection and reproduction at the<br />

address in paragraph h.<br />

Register online at http://ferc.gov/esubscribenow.htm to be notified via e-mail<br />

of new filings and issuances related to these or other pending projects. For<br />

assistance, contact FERC Online Support.<br />

l. With this notice, we are soliciting comments on SD1. All comments on SD1<br />

should be sent to the address above in paragraph h. In addition, all comments<br />

on the PAD and SD1, study requests, requests for cooperating agency status,<br />

and all communications to Commission staff related to the merits of the<br />

potential applications (original and eight copies) must be filed with the<br />

Commission at the following address: Secretary, Federal Energy Regulatory<br />

Commission, 888 First Street, N.E., Washington, D.C. 20426. All filings with<br />

the Commission relevant to the <strong>Loup</strong> River Hydroelectric Project must include<br />

on the first page, the project name, (<strong>Loup</strong> River Project) and number (P-1256-<br />

029), and bear the heading, as appropriate, “Comments on Scoping Document<br />

1.” Any individual or entity interested in commenting on SD1 must do so by<br />

February 10, 2009.<br />

Comments on SD1 and other permissible forms of communications with the<br />

Commission may be filed electronically via the Internet in lieu of paper. The<br />

Commission strongly encourages electronic filings. See<br />

18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission’s website<br />

(http://www.ferc.gov) under the “e-filing” link.<br />

m. At this time, Commission staff intends to prepare a single Environmental<br />

Assessment for the project, in accordance with the National Environmental<br />

Policy Act.


20081212-4007 FERC PDF (Unofficial) 12/12/2008<br />

Project No. 1256-029 3<br />

Scoping Meetings<br />

We will hold two scoping meetings for each project at the times and places<br />

noted below. The daytime meetings will focus on resource agency, Indian<br />

tribes, and non-governmental organization concerns, while the evening<br />

meetings are primarily for receiving input from the public. We invite all<br />

interested individuals, organizations, Indian tribes, and agencies to attend one<br />

or all of the meetings, and to assist staff in identifying particular study needs,<br />

as well as the scope of environmental issues to be addressed in the<br />

environmental document. The times and locations of these meetings are as<br />

follows:<br />

Daytime Scoping Meeting<br />

Date: Tuesday, January 13, 2009<br />

Time: 9:00 a.m.<br />

Location: Holiday Inn Express<br />

524 E. 23 rd Street<br />

Columbus, Nebraska 68601<br />

(402) 564-2566<br />

Evening Scoping Meeting<br />

Date: Monday, January 12, 2009<br />

Time: 7:00 p.m.<br />

Location: same as daytime meeting<br />

SD1, which outlines the subject areas to be addressed in the environmental<br />

document, has been mailed to the individuals and entities on the Commission’s<br />

mailing list. Copies of SD1 will be available at the scoping meetings, or may<br />

be viewed on the web at http://www.ferc.gov, using the “eLibrary” link.<br />

Follow the directions for accessing information in paragraph k. Depending on<br />

the extent of comments received, a Scoping Document 2 (SD2) may or may<br />

not be issued.<br />

Site Visits<br />

The <strong>Loup</strong> <strong>Power</strong> <strong>District</strong> and Commission staff will conduct a site visit of the<br />

key project facilities on Monday, January 12, 2009, starting at 9:00 a.m. Those<br />

wishing to participate should meet at 8:45 a.m. at:<br />

<strong>Loup</strong> <strong>Power</strong> <strong>District</strong> Main Office<br />

2404 15 th Street<br />

Columbus, Nebraska 68602


20081212-4007 FERC PDF (Unofficial) 12/12/2008<br />

Project No. 1256-029 4<br />

To appropriately accommodate persons interested in attending the site visit,<br />

participants should contact Ron Ziola at (402) 564-3171 or e-mail<br />

rziola@loup.com by January 5, 2009. The <strong>Loup</strong> <strong>Power</strong> <strong>District</strong> will provide<br />

transportation from their Main Office to the project site and lunch for the site<br />

visit. <strong>Part</strong>icipants should dress appropriately for outdoor, winter elements. In<br />

the event of inclement weather, participants can check the <strong>Loup</strong> <strong>Power</strong><br />

<strong>District</strong>’s Relicensing Hotline at (866) 869-2087 for updates on the site visit.<br />

Scoping Meeting Objectives<br />

At the scoping meetings, staff will: (1) present the proposed list of issues to be<br />

addressed in the EA; (2) review and discuss existing conditions and resource<br />

agency management objectives; (3) review and discuss existing information<br />

and identify preliminary information and study needs;<br />

(4) review and discuss the process plan and schedule for pre-filing activity that<br />

incorporates the time frames provided for in <strong>Part</strong> 5 of the Commission’s<br />

regulations and, to the extent possible, maximizes coordination of federal,<br />

state, and tribal permitting and certification processes; and (5) discuss requests<br />

by any federal or state agency or Indian tribe acting as a cooperating agency<br />

for development of an environmental document.<br />

Meeting participants should come prepared to discuss their issues and/or<br />

concerns. Please review the Pre-Application Document in preparation for the<br />

scoping meetings. Directions on how to obtain a copy of the PAD and SD1 are<br />

included in item k of this notice.<br />

Scoping Meeting Procedures<br />

The scoping meetings will be recorded by a stenographer and will become part<br />

of the formal Commission records for the projects.<br />

n. A notice of intent to file license application, filing PAD, solicitation of comments<br />

on the PAD and SD1, solicitation of study requests, and commencement of<br />

proceedings will be issued by December 19, 2008, setting the date for filing<br />

comments on the PAD and study requests in accordance with Commission<br />

regulations and the proposed process plan.<br />

Kimberly D. Bose,<br />

Secretary.


20081212-4007 FERC PDF (Unofficial) 12/12/2008<br />

Document Content(s)<br />

P-1256-029Notice.DOC..................................................1-4


Postcard Mailer<br />

Actual will be printed half page on light blue cardstock.<br />

<strong>Loup</strong> Relicensing - January 09 Scoping Materials<br />

The Federal Energy Regulatory Commission<br />

Announces Public Meeting<br />

On December 12, 2008, the Federal Energy Regulatory Commission (FERC)<br />

issued its first Scoping Document for the relicensing of the <strong>Loup</strong><br />

River Hydroelectric Project. This document identifies issues to be<br />

addressed in the environmental analysis as well as possible protection,<br />

mitigation, and enhancement measures to be considered.<br />

To further identify issues, concerns, and opportunities associated with the relicensing, FERC<br />

will hold a public scoping meeting in January:<br />

Public Scoping Meeting<br />

January 12, 2009, 7:00 PM<br />

Holiday Inn Express<br />

524 E. 23 rd Street, Columbus, NE<br />

An additional Project tour and scoping meeting are scheduled for resource agency<br />

participants. To request more information, please call (866) 869-2087. The public is<br />

welcome to attend any or all events.<br />

FERC’s Scoping Document and additional information on the <strong>Loup</strong> River Hydroelectric<br />

Project can be found on the project website:<br />

www.loup.com/relicense<br />

HDR Page 1 10/27/2011


Selzle, Lydia<br />

From: Pillard, Matt<br />

Sent: Friday, December 19, 2008 8:24 AM<br />

To: 'abaum@upperloupnrd.org'; 'barbara.j.friskopp@usace.army.mil'; 'bczoning@frontiernet.net';<br />

'bobbie.wickham@nebraska.gov'; 'bpuschendorf@nebraskahistory.org'; 'butchk@nctc.net';<br />

'caalms@megavision.com'; 'cgenoa@cablene.com'; 'cityadmin@cablene.com';<br />

'cothern.joe@epa.gov'; 'danno@nohva.com'; 'dave_carlson@fws.gov';<br />

'david.jundt@dhhs.ne.gov'; 'dtunink@ngpc.state.ne.us'; 'frank.albrecht@ngpc.ne.gov';<br />

'jalexand@usgs.gov'; 'jangell@dnr.ne.gov'; 'jeff.schuckman@ngpc.ne.gov';<br />

'jmangi@columbusne.us'; 'john.bender@nebraska.gov'; 'justin.lavene@nebraska.gov';<br />

'kennyj@headwaterscorp.com'; 'mbrown9@unl.edu'; 'monroe@megavision.com';<br />

'pcclerk@megavision.com'; 'randy_thoreson@nps.gov'; 'robert_harms@fws.gov';<br />

'santin@hamilton.net'; 'steve.chick@ne.usda.gov'; 'Meghan Sittler'; 'Kim.Nguyen@ferc.gov'<br />

Cc: 'nsuess@loup.com'; 'rziola@loup.com'; 'jfrear@loup.com'; Richardson, Lisa (Omaha); White,<br />

Stephanie; Waldow, George; Sigler, Bill; Grennan, Dennis E.; Engelbert, Pat<br />

Subject: <strong>Loup</strong> <strong>Power</strong> <strong>District</strong> Relicensing 9 Project Information<br />

Good Morning.<br />

As you know, the relicensing effort for the <strong>Loup</strong> <strong>Power</strong> <strong>District</strong> reached a milestone with the submittal of the Pre9<br />

Application Document to FERC on October 16, 2008. If you haven't received notice of availability of this document, it is<br />

available for viewing or download on the <strong>District</strong>'s website at http://www.loup.com/relicense.<br />

On December 12, 2008 FERC issued its Notice of Commencement for relicensing the <strong>Loup</strong> River Hydroelectric Project<br />

and its first Scoping Document, which describes the Project and identifies the proposed action (to continue to operate the<br />

Project as it operates today), alternatives to the proposed action, and protection, mitigation, and enhancement measures<br />

that will be considered during relicensing. Additionally, the Scoping Document identifies the issues to be evaluated under<br />

the National Environmental Policy Act (NEPA) during relicensing. This document is also available on the <strong>District</strong>'s<br />

webpage.<br />

If you would like to register with FERC for notification of availability of relicensing documents, please go to<br />

http://www.ferc.gov/docs9filing/esubscription.asp to be notified via e9mail of new filings and issuances related to this<br />

project.<br />

There are a few other milestones the <strong>District</strong> wanted all of you to be aware of:<br />

First, FERC is hosting scoping meetings in January:<br />

Public Scoping Meeting Agency Scoping Meeting<br />

January 12, 2009 January 13, 2009<br />

7:00 PM 9:00 AM<br />

Holiday Inn Express Holiday Inn Express<br />

524 E. 23rd Street 524 E. 23rd Street<br />

Columbus, NE Columbus, NE<br />

A site visit is also being offered on Monday, January 12, at 9:00 a.m. The <strong>District</strong> will provide transportation for the site<br />

visit, so please RSVP to Ron Ziola by January 5 at (402) 56493171 or e9mail rziola@loup.com if you plan to attend.<br />

Please plan to arrive at the <strong>District</strong>'s office at 2404 15th Street by 8:45 a.m. <strong>Part</strong>icipants should dress for winter weather<br />

and in the event of inclement weather, participants can check the <strong>District</strong>'s Hotline at (866) 86992087 for updates on the<br />

site visit.<br />

Finally, comments and study requests are due to FERC no later than February 20, 2009. Information necessary for this<br />

submittal can be found in FERC's Scoping Document (page 17). FERC has a "quick comment" option available, which is<br />

an easy method to submit text only comments. The Quick9Comment User Guide can be viewed at<br />

http://www.ferc.gov/docs9filing/efiling/quick9comment9guide.pdf.<br />

Thanks for your continued interest in this project and please contact me at any time should you have additional questions<br />

or concerns.<br />

1


December 24, 2008<br />

Lisa M. Richardson<br />

HDR<br />

8404 Indian Hills Drive<br />

Omaha, NE 68114-4098<br />

Nebraska Game and Parks Commission<br />

2200 N. 33 rd St. / po. Box 30370 / Lincoln , N E 68503-0370<br />

Phone: 402-471 -064 1/ Fax: 402-471 -5528 / www.OutdoorNebraska.org<br />

Re: request for information for piping plover and least tern population trends in Nebraska<br />

Dear Ms. Richardson,<br />

Please make reference to your letter dated December 2, 2008 requesting information about for<br />

piping plover and interior least tern current population trends in Nebraska. It is our<br />

understanding that this information will be used during the relicensing process of <strong>Loup</strong> Public<br />

<strong>Power</strong>.<br />

Your questions requested detail and analysis beyond current Commission resources. To assist<br />

you as much as possible, reports and references were provided where information may be<br />

obtained that will allow HDR to conduct the necessary analysis and data accumulation necessary<br />

to fully answer your questions.<br />

1. Regarding trends as seen in the census data from 1991 , 1996,2001 and 2006.<br />

The Commission has not conducted significant further analysis beyond the data available<br />

in these reports. The data provided in these reports should allow analysis to address your<br />

question.<br />

For question regarding release of 2006 International Piping Plover Census report, please<br />

contact the national coordinator,<br />

Sue Haig or Elise Elliott-Smith (541-750-7390 or eelliott-smith@usgs.gov<br />

USGS Forest and Rangeland Ecosystem Science Center (FRESC)<br />

3200 SW Jefferson Way<br />

Corvallis, OR 97331<br />

Ph: 541 -750-7482<br />

Fax: 541 -758-8806<br />

susan haig@usgs.gov<br />

2. Trends at a national level.<br />

The Commission has not conducted significant further analysis beyond the data available<br />

in these reports. The data provided in these reports should allow analysis to address your<br />

question.<br />

Printed on recycled paper with SQJ ink.


For question regarding release of2006 International Piping Plover Census report, please<br />

contact the national coordinator,<br />

Sue Haig or Elise Elliott-Smith (541-750-7390 or eelliott-smith@usgs.gov<br />

USGS Forest and Rangeland Ecosystem Science Center (FRESC)<br />

3200 SW Jefferson Way<br />

Corvallis, OR 97331<br />

Ph: 541-750-7482<br />

Fax: 541-758-8806<br />

susan haig@usgs.gov<br />

3. General protocol and methods for surveys.<br />

The protocols we follow during our surveys are as follow:<br />

• All potential nesting habitat (dry, non- or sparsely vegetated expanses of sand<br />

relatively near water) is surveyed for the presence of birds.<br />

• To ensure accuracy, a minimum of2 observers are used to survey off-river sites<br />

and river habitat.<br />

• Off-river sites are surveyed from a vehicle and/or by foot.<br />

• River habitat is surveyed from an airboat<br />

• Standardized data formats are used to ensure accuracy<br />

• Data are evaluated and entered into computerized databases soon after the surveys<br />

are completed.<br />

• Additional information in available in reports that are available to you.<br />

The Commission does provide a survey protocol for agencies and consultants that have a<br />

particular project that may permanently or temporarily disrupt an area with least terns and<br />

piping plovers. This survey protocol has limitations as it typically only describes a<br />

method of detection, not necessarily for data collection and analysis over the short or<br />

long term. This survey protocol is enclosed.<br />

There is standardization among data collection and between sand and gravel pits between<br />

geographic areas of Nebraska, but individual site characteristics and circumstances often<br />

require adjustments in protocols to ensure data is collected that is comparable. IfHDR is<br />

designing a survey protocol, we recommend that you schedule time to meet with the<br />

Commission biologists and US Fish and Wildlife Service to design surveys that will<br />

ensure that your objectives are obtained.<br />

4. Nebraska Game and Parks Commission data responsibilities<br />

The Nebraska Heritage Program is housed within the Nebraska Game and Parks<br />

Commission. The Nebraska Natural Heritage Program tracks occurrences of "at-risk"<br />

species and native plant communities within the state. The mission of the Nebraska<br />

Natural Heritage Program is to: (1) collect information on the status, distribution and<br />

ecology of ecological communities and rare, threatened and endangered species in<br />

Nebraska, (2) analyze and manage this information using standardized methods, (3)<br />

2


disseminate this information to a wide array of conservation decision makers, and (4) use<br />

this information to actively promote the conservation of Nebraska's natural heritage. The<br />

Commission maintains databases to insure that survey information is maintained in a<br />

standardized manner consistent with other states. This information is only "summarized"<br />

or "analyzed" as needed for specific projects. Data is maintained in raw format. Our<br />

database does contain information collected by workers outside the Commission. The<br />

Heritage database is among the most complete and comprehensive available, but it does not<br />

contain all records for all at-risk species.<br />

For additional records, we recommend that you contact Stephen K. Wilson<br />

(Stephen_K_ Wilson@nps.gov;402 6675524) National Park Service, for inquiries<br />

pertaining to the Niobrara system. Also, we do not maintain recent data from the Missouri<br />

River. Please contact Greg Pavelka (Gregory.A.Pavelka@usace.army.mil) with the U.S.<br />

States Army Corps of Engineers for inquiries pertaining to that system.<br />

5. Tern and plover trends regarding suitability and availability of habitat<br />

The most recent trend information for select areas of Nebraska is available in the 2008<br />

Interior Least Tern and Piping Plover Monitoring, Research, Management and Outreach for<br />

the lower Platte River.<br />

6. Greatest overall effect on piping plover and least tern populations in Nebraska<br />

There are a myriad of factors that influence piping plover and least tern populations in<br />

Nebraska and individual locations may have different factors that have the greatest<br />

impact. I would refer you to the<br />

• 2008 Interior Least Tern and Piping Plover Monitoring, Research, Management and<br />

Outreach for the lower Platte River,<br />

• References such as the National Research Council of the National Academies (NRC),<br />

2005. Endangered and Threatened Species of the Platte River. The National<br />

Academies Press, Washington, D.C. 247 pp.<br />

• See enclosed reference list<br />

7. Conservation efforts<br />

The Commission is the state agency responsible for stewardship of the state's wildlife<br />

resources. Moreover, the Commission administers the Nebraska Nongame and<br />

Endangered Species Conservation Act, the statute that authorizes that a species is<br />

designated as "threatened" or "endangered". The Commission is directly involved in<br />

planning, monitoring, research, education, outreach, law enforcement and management<br />

activities and the coordination and/or advising of planning, monitoring, research, law<br />

enforcement and management activities with other agencies and/or entities.<br />

8. The final question has several very good inquiries related to hypotheses and the effectiveness<br />

of conservation actions. We suggest that you utilize available literature. There are hypotheses<br />

developed by the Commission for some areas such as the lower Platte River, and other large<br />

scale conservation efforts are underway in the Central Platte. In the Central Platte River,<br />

3


January 5, 2009<br />

Mr. Robert Puschendorf<br />

State Historic Preservation Office<br />

1500 R Street<br />

P.O. Box 82554<br />

Lincoln, NE 68501-2554<br />

Re: Area of Potential Effects for the <strong>Loup</strong> River Hydroelectric Project<br />

FERC Project No. 1256; Docket No. 1256-029<br />

Dear Mr. Puschendorf:<br />

In October 2008 <strong>Loup</strong> <strong>Power</strong> <strong>District</strong> (the <strong>District</strong>) initiated the process to relicense the <strong>Loup</strong> River<br />

Hydroelectric Project with the Federal Energy Regulatory Commission (Commission). On<br />

December 12, 2008 the Commission issued Scoping Document 1 (SD1) and requested your<br />

agency’s participation in the National Environmental Policy Act (NEPA) scoping process and to<br />

provide initial comments and suggestions regarding preliminary issues and alternatives. On<br />

December 16, 2008, under a Notice of Intent to File License Application for this project, the<br />

Commission initiated Section 106 consultation with your office and designated <strong>Loup</strong> <strong>Power</strong><br />

<strong>District</strong> as the Commission’s non-federal representative for informal consultation. Copies of these<br />

communications are attached for reference and we encourage your office to provide the<br />

Commission with comments by the February 10, 2009 deadline.<br />

As outlined in these documents, <strong>Loup</strong> <strong>Power</strong> <strong>District</strong> has been tasked by the Commission to<br />

develop study plans to better understand the environmental issues and concerns to be addressed<br />

through the NEPA process, including issues related to cultural resources, namely:<br />

Effects of continued project operations and maintenance on cultural, historic,<br />

archaeological, and traditional resources in the project area of potential effect and their<br />

eligibility to be included in the National Register of Historic Places (NRHP) (from Section<br />

4.2.7 of attached).<br />

As recommended by the Commission, the <strong>District</strong> proposes to establish the project area of<br />

potential effects (APE) as required under 36 CFR 800.4 and defined in 36 CFR 800.16 as the area<br />

shown in the PAD document (See attached from the PAD: Figure 4-1, 14 sheets) and labeled as the<br />

Approximate Project Boundary. The area within that boundary encompasses the entirety of the<br />

<strong>District</strong>’s holdings that are subject to the relicensing effort described in the PAD. Depending on<br />

other possible project-related effects, or based on the results of any of the studies associated with<br />

this relicensing, the APE would be adjusted accordingly.


At this time we are seeking concurrence from your office regarding the proposed area of potential<br />

effects (APE).<br />

Please do not hesitate to contact me at (402) 564-3171 if you have any questions about this<br />

request. We look forward to working with your office throughout the relicensing effort and<br />

beyond.<br />

Sincerely,<br />

Neal Suess<br />

President/CEO<br />

<strong>Loup</strong> <strong>Power</strong> <strong>District</strong><br />

cc: Kim Nguyen, Federal Energy Regulatory Commission<br />

Frank Winchell, Federal Energy Regulatory Commission<br />

Ron Ziola, <strong>Loup</strong> <strong>Power</strong> <strong>District</strong><br />

Lisa Richardson, HDR<br />

George Waldow, HDR<br />

Attachments:<br />

(1) Scoping Document 1, Letter from Federal Energy Regulatory Commission to multiple<br />

parties, December 12, 2008<br />

(2) Notice of Commencement, Letter from Federal Energy Regulatory Commission to multiple<br />

parties, December 16, 2008<br />

(3) Figure 4-1, <strong>Loup</strong> River Hydroelectric Project Pre-Application Document (PAD)


Project: <strong>Loup</strong> Public <strong>Power</strong> FERC Relicense<br />

HDR Engineering, Inc.<br />

8404 Indian Hills Drive<br />

Omaha, Nebraska 68114-4098<br />

Telephone Record<br />

Project No: 000000000037139<br />

Date: 01/09/09 Subject: Hotline Message<br />

Call to: <strong>Loup</strong> Hotline Phone Number<br />

Call from: Ryan Bjerke<br />

Phone No: ext. 6964<br />

Phone No: (402) 476-2729<br />

Discussion, Agreement and/or Action:<br />

I’m with the Lower Platte River Corridor Alliance out of Lincoln. My email address is rbjerke@lpsnrd.org.<br />

Phone (402) 399-1098<br />

Fax (402) 399-1111<br />

www.hdrinc.com<br />

Page 1 of 1


Project: <strong>Loup</strong> Public <strong>Power</strong> FERC Relicense<br />

HDR Engineering, Inc.<br />

8404 Indian Hills Drive<br />

Omaha, Nebraska 68114-4098<br />

Telephone Record<br />

Project No: 000000000037139<br />

Date: 01/12/09 Subject: Hotline Message<br />

Call to: <strong>Loup</strong> Hotline Phone Number<br />

Call from: Mary Brown<br />

Phone No: ext. 6961<br />

Phone No: (402) 310-0355<br />

Discussion, Agreement and/or Action:<br />

I’m calling to make sure the site visit this morning is still on. It’s starting to snow a bit here in Lincoln and I’m<br />

leaving for Columbus now to join the trip, but if you guys have cancelled it I would appreciate if you would let<br />

me know as soon as you can before I get too much farther down the road. Thank you<br />

Phone (402) 399-1098<br />

Fax (402) 399-1111<br />

www.hdrinc.com<br />

Page 1 of 1


20090116-5000 FERC PDF (Unofficial) 1/16/2009 10:12:51 AM<br />

Regarding the <strong>Loup</strong> River Project. There has been talk of closing the riding area to the motorcycle and<br />

atv riders do to disturbing of wildlife. I dont see a problem with wildlife habitats, the reason is because<br />

since the farm crisis of the 1980's there have been thousands of acres of land that have not been farmed<br />

and these areas have caused wildlife numbers to skyrocket. Our auto body shops are full of cars that<br />

have hit dear and animals on the hyways.<br />

So I doubt that headworks park in genoa is going to cause all of the wild life to die out. Considering the<br />

amount of set aside farmland acers we have in the area?? Wildlife has plenty of places to reproduce in<br />

Nebraska do to the government set aside programs. Therefore I would conclude that closing the<br />

headworks park would be a "drop in the bucket" as far as wildlife conservation.<br />

Many of my customers and friends and family attend the atv events anualy, people are safe, courtious<br />

and pick up after themselves when they leave the area. It is a great place for family and friends to gather<br />

and enjoy the weekend, and all of us spend money in genoa for food supply, and fuel, so the genoa<br />

businesses have never complained. We dont interfear with the operations of the electric plant and I've<br />

never heard any complaints from them.<br />

Thank you for letting our voices be heard to keep the park open to Atv riding. Gregg Schuetz


20090116-5000 FERC PDF (Unofficial) 1/16/2009 10:12:51 AM<br />

Document Content(s)<br />

1781.TXT..............................................................1-1


0090202-0336 FERC PDF (Unofficial) 01/28/2009<br />

ORIGINAL<br />

January 16, 2009<br />

Kimberly D. Bose, Secretary<br />

Federal Energy Regulatory Commission<br />

888 First Street, N.E. Room IA<br />

Washington, DC 20426<br />

RE: <strong>Loup</strong> River Project No. 1256-029<br />

Dear Kimbefly:<br />

.L'J<br />

it:: THE<br />

"'/r<br />

:.~,(Y<br />

lP q JAil 2 8 I<br />

I am writing this letter as a member of the Nebraska Off Highway Vehicle Association in<br />

an effort to help the <strong>Loup</strong> <strong>Power</strong> <strong>District</strong> continue its licensing for the <strong>Loup</strong> River<br />

Hydroelectric Project and the associated recreation area.<br />

My family uses the recreation area and A'IV area several times during the year. We very<br />

much enjoy the camping, swimming, fishing and ATV areas. We have met many<br />

families from all over Nebraska who also enjoy the area.<br />

While camping and ATV riding, we pick up trash we find on the trails and take it hack to<br />

the garbage collection area. Some of this trash is washed up out of the river, so we help<br />

maintain the habitat for wildlife in this manner.<br />

We ate licensed foster parents and have utilized the ATV riding as a good consequence<br />

for the boys we have fostered. They come from broken homes and have alcohol or drug<br />

related issues. The A'IV riding has proven to be very therapeutic to them and shows<br />

them they can have fun without the use of chemicals. It also helps them to bond with our<br />

family and feel loved, that we would give them that opportunity.<br />

My grown children join us for camping and ATV riding and we find it is a very family<br />

oriented sport. If the Headworks OHV Park near Genoa were to close, we would not<br />

have this opportunity because the next nearest ATV park is not within an achievable<br />

distance range for us.<br />

While in Genoa, we support the businesses of the region by purchasing parts, gasoline,<br />

food etc. I believe the town would suffer from loss of revenue if the park were closed.<br />

Please take my letter into consideration in your decision process.<br />

Thank You


~0090227-0071 FERC PDF (Unofficial) 02/24/2009<br />

<strong>Loup</strong> River Project No. 1256-029 January, 16, 2009<br />

To Whom It Nay Concern:<br />

ORIGINAL<br />

I am writing to maintain our freedom to ride at the Headworks OHV Park near<br />

Genoa, Nebraska. My son and I have been going there for several years and tt is one of<br />

the few places where we can actually go to explore nature while maintaining our safety.<br />

Almost every trip, we are able to see Bald Eagles soaring over the lake and river, or<br />

eagles and hawks swooping down trying to catch rodents and fish. We really enjoy<br />

camping out and swimming in the lake that is available to us also. When I heard that<br />

our father and son riding area might be taken away, I was greatly saddened. Please<br />

reconsider. There are not too many places as beautiful or and as dose to Council<br />

Bluffs as this is.<br />

Twice a year, NOHVA puts on the Jamboree, an event that has trail rides,<br />

sanctioned races, ATV pulls (like a tractor pull), and many other events. At these two<br />

times a year, NOHVA is able to raise funds to help Improve the areas to ride and<br />

maintain the park area. Hundreds of people arrive for the weekend to see old friends<br />

and to make new ones. People from all over Iowa, Nebraska and even other bordering<br />

states come to Jamboree events. These people end up buying gas, food and other<br />

provisions while there, which in bum helps local economy. Dirt Bike and ATV<br />

enthusiasts need a place to get together and have some good clean fun. Please don't<br />

take this away!<br />

I sincerely hope and pray that you will continue to allow all of us to utilize this<br />

area to have good clean fun!<br />

.'2<br />

, .J -~<br />

r,o<br />

: ".~<br />

j<br />

• °


Selzle, Lydia<br />

From: Richardson, Lisa (Omaha)<br />

Sent: Friday, January 16, 2009 1:09 PM<br />

To: Frame, Gail<br />

Subject: FW: Project map<br />

From: Bender, John [mailto:john.bender@nebraska.gov]<br />

Sent: Thursday, January 15, 2009 12:12 PM<br />

To: Ron Ziola<br />

Subject: Project map<br />

Is there a way we could obtain the GIS layers <strong>Loup</strong> used to prepare the project map (Fig. 3-3). The "Local Drainage<br />

Basins" and "Culvert Inlet Locations" would be of great help in writing the bacteria TMDLs for Babcock and the lower 1/4<br />

mile of the canal. Having the siphon locations would be nice too.<br />

Thanks.<br />

Please note my email address has changed to john.bender@nebraska.gov<br />

John F. Bender<br />

Water Quality Standards Coordinator<br />

Nebraska Department of Environmental Quality<br />

1200 N Street, P.O. Box 98922<br />

Lincoln, NE 68509-8922<br />

Phone: 402/471-4201<br />

1


Selzle, Lydia<br />

From: Richardson, Lisa (Omaha)<br />

Sent: Friday, January 16, 2009 1:07 PM<br />

To: john.bender@nebraska.gov<br />

Cc: rziola@loup.com; Frame, Gail<br />

Subject: <strong>Loup</strong> River Hydroelectric Project<br />

Attachments: LPD_Stream_Drainage_Basins_GIS_Shapefiles.zip; LPD_PAD_Figure 363.081016.pdf<br />

John,<br />

Per your request to Ron Ziola, the attached .zip file contains shape files for the data from Figure 363 (also attached) of the<br />

Pre6Application Document for the <strong>Loup</strong> River Hydroelectric Project (FERC Project No. 1256). Specifically, the following<br />

data is included:<br />

1. Canal_Local_Drainage_Basins 6 Source: USGS 7.5' Topographic Maps<br />

2. Canal_Siphons 6 Source: Field Maps and Field Visits<br />

3. <strong>Loup</strong>_Drainage_Inlets 6 Source: <strong>Loup</strong> Staff Field Visits<br />

All the files are projected in Nebraska State Plane Feet NAD 83 coordinate system.<br />

If you have any questions, please feel free to contact me at (402) 92667026.<br />

Regards,<br />

Lisa<br />

Lisa M. Richardson, P.E.<br />

Professional Associate<br />

HDR One Company | Many Solutions<br />

8404 Indian Hills Drive<br />

Omaha, NE 6811464049<br />

Phone: 402.926.7026<br />

Cell: 402.618.9865<br />

Fax: 402.399.1111<br />

1


20090120-5001 FERC PDF (Unofficial) 1/17/2009 6:05:17 PM<br />

To whom this may concern,<br />

My name is Ryan Shea and I would like to show my concern about the <strong>Loup</strong> River Project No. 1256-029.<br />

From what I understand ATV and dirt bike riding may be put to an end by 2014. I would just like to say<br />

how myself, my friends and annually 1400+ people, at least two weekends of the year, enjoy riding at the<br />

Headworks near Genoa. My friends and I have been attending the Jamborees, that are held at the<br />

Headworks, for the past 6 years. We have had many memories there, which we still talk about every time<br />

we get together.<br />

We are from the Omaha area and drive about 2 hours to get there and it has always been worth it. Most<br />

years its our only vacation that we take and believe me we hear about it from our girlfriends. We love<br />

being outdoors and really appreciate the free camping area that is provided at the Jamboree. Since this is<br />

the only area in the eastern part of Nebraska that is public to ride, I think taking it away would be a<br />

mistake. So taking this away would be tough for many people in this area because I know that we<br />

probably would not go to Halsey Forest to ride since its so far away. Each Jamboree has to have a strong<br />

economic boost the town of Genoa, so by taking the land away from us would also be taking away from<br />

there added revenue each year.<br />

In closing I would just like to thank you for your time and thank you for allowing me and the many others<br />

the opportunity to voice our opinions. Once again I would really like to see the Headworks stay open to<br />

the public. Thanks again.<br />

Sincerely,<br />

Ryan Shea


20090120-5001 FERC PDF (Unofficial) 1/17/2009 6:05:17 PM<br />

Document Content(s)<br />

1788.TXT..............................................................1-1


20090120-5085 FERC PDF (Unofficial) 1/19/2009 2:04:09 PM<br />

.<br />

“<strong>Loup</strong> River Project No. 1256-029” January 16, 2009<br />

Kimberly D. Bose, Secretary<br />

Federal Energy Regulatory Commission<br />

888 First Street, N.E., Room 1A<br />

Washington, D.C. 20426<br />

Dear Sir or Madam:<br />

I am writing this letter today to express to you how important it is for our entire family to<br />

have the opportunity to participate in ATV trips to the Headworks OHV Park.<br />

We have two teenagers that truly enjoy and appreciate the beauty of the park and the<br />

nature that they experience down every trail and path.<br />

Our family enjoys the togetherness and the new friends that we have made.<br />

The solitude of Nature and the peacefulness is a natural stress reliever.<br />

It is difficult to find family activities that keep your kids away from DRUGS and Gangs.<br />

Every individual that we pass on the trails truly respect and appreciate the nature that<br />

exists in the park<br />

Around every corner in this park is an exciting path to burn off some if the energy that<br />

builds of during the work week.<br />

We would like to see more RV hook ups so we could stay longer, The area that has the<br />

hook ups fills so fast that those of us that can’t leave work until 5 on Fridays have to<br />

dry camp which isn’t as nice.<br />

We love the Jamborees that are help at the park. They are great weekends to meet<br />

new people, see all the activities that you can do with an ATV and spend time in<br />

nature.<br />

When we arrive at the town of Genoa, we fill up our RV with 100 gallons of gasoline,<br />

ATV’s need another 30 gallons of gasoline, ice and snacks, and one of the nights we<br />

visit one of the town’s restaurants.<br />

Our trip from Plattsmouth Nebraska to Genoa is about 200 miles one way. We stay for<br />

three days. Our family alone spends an estimated $500 each weekend that we visit.<br />

Our family members strive to keep the park clean, plastic litter bags are carried in our<br />

ATV compartments and we make every effort to pick up any trash that we may find<br />

during our rides and pick our campground up before we leave for home.<br />

Our son had never had many friends until he got involved with the NOHVA club. He is<br />

more outgoing, has better self esteem and has built friendships with some of the kids<br />

that he has met. Now he has friends that live by us that come over to ride atvs with<br />

him and has invited his friends to go to the next jamboree.<br />

The last thing I would like you to know, We have a place that is by our home that is<br />

about 20 miles from our home. We prefer to ride at the Headworks park, we feel safe,<br />

we feel that the individuals that we ride along with care and respect for the park as<br />

much as we do. Everyone looks out for each other. If I have a problem, I feel<br />

comfortable to stop any person on the trail and ask for help. Interestingly enough,<br />

they are glad to stop and HELP.<br />

Please continue to allow us to ride at the Headworks Park!<br />

Sincerely,<br />

The Bradbury Family,<br />

Mark, Sheryl, Elizabeth, Mark Jr., Lisa Cook<br />

Mark and Sheryl Bradbury<br />

. . . . . . . . . . . . . . . . . . . . . . . . . . . .


20090120-5085 FERC PDF (Unofficial) 1/19/2009 2:04:09 PM<br />

Document Content(s)<br />

Genoa Headworks letter.DOC............................................1-1


~0090129-0199 FERC PDF (Unofficial) 01/26/2009<br />

Klmbedy D. Bose, Secretary<br />

Federal Energy Regulatory Commission<br />

888 First Street, N.E., Room 1A<br />

Washington, D.C. 20426<br />

Subject: <strong>Loup</strong> River Project No. 1256-029<br />

Dear Commissioners:<br />

/:;y<br />

January 19, 2009<br />

We understand that the <strong>Loup</strong> River Hydroelectric Project w~lt be reviewed for relicenslng In 2014.<br />

As you prepare for this process, we kindly submit for your co~lderattoc that many safe and<br />

conscientious AW dders truly enjoy the recreational benefits of the area. With reUcensing, we<br />

hope to be afforded conUnued access to the area well Into the future.<br />

At this Ume, my wife and I would tlke to take a few moments of your time to express how much<br />

we aomc, clate the ability to utilize HEADWORKS, the OHV park which is part of the <strong>Loup</strong> River<br />

Hydroelectric Project. We are avid ATV riders, and HEADWORKS is one of a very, very, few areas<br />

in NEBRASKA where we can gather wtth our friends and family to enjoy this activity. In addition,<br />

HEADWORKS is the oetv public area with AW and dirt-bike traits In the eastern half of Nebraska.<br />

F~ease note, my wife and I are members of the Nebraska Off H~hway Vehicle AssoctaUon<br />

(NOHVA); as members we donate time and money to maintain, Improve, and protect the dding<br />

areas In our State. NOHVA is aLso Invested In the education of safe, and environmentally-fdendly,<br />

ATV and dirt-bike riders. We are very aware that we share the HEADWORKS area with other<br />

Interest groups and with the area's native plants and wildlife. As we wish to preserve the present<br />

befleflts, we ride with care.<br />

We are very concerned about the future of HEADWORKS. HEADWORKS is the I~Jblic riding area we<br />

most often travel to; we have utilized the park countless times over the past nine yea~. We very<br />

much enjoy riding our ATVs in the park, but also enjoy the camping, fishing, and scenic benefits of<br />

the area also.<br />

HEADWORKS is approximately two hours from our home, and is a fun and economical weekend<br />

destination. Several Urnes a year, we plan tong weekends with our friends and family. These<br />

8roup ouUngs can be 12-20+ people strong and create many tasting memories of fun, fettow~tp,<br />

and outdoor recreaUon. By no means are we the only famlly/~mJp uUl~dng the area; when the<br />

area is open for use, U~=re are always day-use and overn~ht guests making use of the park.<br />

ATV/dirt-blke use/Interest in the park brings tourism dollars to Genoa, NE and the surrounding<br />

towns.<br />

In closing, we would like to thank the FERC for this opportunity to express our views and opinions<br />

regarding the HEADWORK5 area/<strong>Loup</strong> River Hydroelectric Project. It is very Important to us that<br />

the area remain open upon reticensing, and that the OHV park continue to be operated tn a similar<br />

fashion.<br />

Jne end Charyt Smisek


~0090205-0092 FERC PDF (Unofficial) 01/30/2009<br />

ORIGINAL<br />

January 19, 2009<br />

<strong>Loup</strong> River Project No. 1256029<br />

I am writing this letter in hope of keeping the public ATV and Dirt bike riding area open. have<br />

been a member of the Nebraska Off Hishway Vehicle Association since 1993 and have been riding at the<br />

head works park since then. The riding area is a very nice area and the club I belong to (NOHVA) has<br />

worked very hard on maintaining it, improving it, and keeping it open.<br />

I have tausht all three of my children to ride there. My father, age 70 and father-n-law age 65<br />

also enjoy riding there with us and their 8randchlldren. It is the closest leRal place for us to ride since we<br />

live in town, and we don't mind the 88 mile drive from our house to do so. We try to go there as much<br />

as pos.dble and spend a 8ood deal of money in the small towns between our home and the rldin8 area<br />

on 8as and food.<br />

I would like to see some improvements to the area such as, modern bath rooms and electrical<br />

hookups for campers in the riding area but that is not as important as just hein E able to have a nice<br />

place to ride with my family and friends. All my children want to do is go and have a good time and it<br />

keeps them out of trouble. They talk about ricllng to everyone and anyone who will listen; I know they<br />

will take their children to this riding area when they grow up and start a family of their own. Please<br />

don't take this away from them.<br />

I would like to thank the FERC for the opportunity to express my views and concerns for the<br />

area. Thank you.<br />

Sincerely,<br />

William T. Larson<br />

C,J<br />

4-, C~<br />

(~,<br />

?. •<br />

~T C,rl<br />

C~<br />

.[: ,..<br />

1.7


~0090213-0081 FERC PDF (Unofficial) 02/11/2009<br />

ORI61NA[_<br />

January 20, 2009<br />

Kimberly D. Bose, Secretary<br />

Federal Energy Regulatory Commission<br />

888 First Street, N.E., Room IA<br />

Washington, D.C. 20426<br />

<strong>Loup</strong> River Project No. 1256-029<br />

.L.J<br />

7 ' i : C -'i,.--<br />

7aq[[B I I P<br />

The intent of this letter is to let you know that my<br />

family would very much llke to continue to ride our ATV's<br />

at Headworks OHV Park. We would like to continue to ride<br />

in the current time frame or possibly more, if allowed.<br />

The most important reason for my letter is to state<br />

that this area provides outdoor recreation for my family,<br />

including my grandsons.<br />

At this time, this is the only recreation area for<br />

ATV's in Eastern Nebraska. I believe it is very important<br />

to involve my grandsons in the outdoors. They have the<br />

opportunity to be outside and enjoy nature and the fresh<br />

air in the Headworks recreation area. This would be a far<br />

better benefit to my grandsons than playing computer games<br />

on home computers.<br />

Businesses in the surrounding community greatly benefit<br />

from Headworks recreation. Last summer we had the opportunity<br />

to spend the whole weekend, which benefited a local motel and<br />

restaurants. This, in turn, is a win, win situation for the<br />

local economy.<br />

Please consider the importance of Headworks OHV park to<br />

my family and many others in Nebraska. To lose this area<br />

would be a loss to local businesses in the surrounding<br />

communities also.<br />

I wish to thank the Federal Energy Regulatory Commission<br />

for providing me the opportunity to state my concerns on the<br />

upcoming new operating license.<br />

Randall Nelson<br />

y


t0090202-0320 FERC PDF (Unofficial) 01/28/2009<br />

From: John S. Brooke<br />

To: Kimberty D. Bose, Secretary<br />

Federal Energy Regulatory Commission<br />

888 First Street, N.E., Room 1A<br />

Washington, D.C. 20426<br />

Re: <strong>Loup</strong> River Project No. 1256-029<br />

21 January2009<br />

Ms. Bose,<br />

'.:.: . C:- ";';tE<br />

' :_T,'~.RY<br />

• * I R<br />

' i/ L<br />

7ooq JAN 28 P Is,, 3~<br />

I write this letter today to voice my opinion IN FAVOR of re-licensing the <strong>Loup</strong><br />

<strong>Power</strong> <strong>District</strong> Hydroelectric Project officially known as: <strong>Loup</strong> River Project No.<br />

1256-029.<br />

In writing this letter in favor of the re-licensing, my ultimate goal Is to ensure the<br />

continued recreational opportunities available to All Terrain Vehicle (ATV) and<br />

Dirt Bike riders at the Headworks Off Highway Vehicle (OHV) Park located on<br />

<strong>Loup</strong> <strong>Power</strong> <strong>District</strong> property, along the <strong>Loup</strong> Canal. I also must state that I am<br />

quite proud and thankful to live in a Public <strong>Power</strong> state. I urge you to approve the<br />

re-licensing of <strong>Loup</strong> River Project No. 1256-029 on behalf of the nearly 50,000<br />

Nebraskans who live in the <strong>Loup</strong> <strong>Power</strong> <strong>District</strong> service area. By approving the<br />

re-licensing, all Nebraskans will benefit by not having to subsidize the <strong>Loup</strong><br />

<strong>Power</strong> <strong>District</strong> customer's electrical needs currently filled by the <strong>Loup</strong> <strong>Power</strong><br />

<strong>District</strong>s Hydroelectric Plants. The <strong>Loup</strong> <strong>Power</strong> <strong>District</strong>s customer's currently<br />

enjoy the many benefits of clean, cheap and reliable hydroelectric power and<br />

have for over 70 years.<br />

As mentioned earlier, my ultimate goal for re-licensing the <strong>Loup</strong> <strong>Power</strong> <strong>District</strong> is<br />

to ensure the continued recreational opportunities available to All Terrain Vehicle<br />

(ATV) and Dirt Bike riders at the Headworks Off Highway Vehicle (OHV) Park.<br />

The Headworks OHV Park is located along the <strong>Loup</strong> Canal on <strong>Loup</strong> <strong>Power</strong><br />

<strong>District</strong> property. Headworks OHV Park is owned by <strong>Loup</strong> <strong>Power</strong> <strong>District</strong> and<br />

managed by same, in cooperation with the Nebraska Off Highway Vehicle<br />

Association (NOHVA). The park is maintained by the <strong>Loup</strong> <strong>Power</strong> <strong>District</strong> and<br />

volunteers from NOHVA.<br />

The OHV park is open everyday of the year (free of charge to the public) except<br />

for scheduled shutdowns twice a year when the <strong>Loup</strong> <strong>Power</strong> <strong>District</strong> dredges the<br />

settling basin/canal and pumps the water and dredged material into the OHV<br />

park creating an unsafe condition in the park. The terrain the Headworks OHV


~0090202-0320 FERC PDF (Unofficial) 01/28/2009<br />

Park rests on, was created by the dredging/pumping of the settling basin/canal<br />

over the past 70 years.<br />

I am a dues paying and volunteering member of NOHVA. The volunteers of<br />

NOHVA provide numerous hours of labor keeping the Headworks OHV Park<br />

clean, safe and operational. Twice a year NOHVA (with the help of their<br />

volunteers) hosts an OHV Jamboree weekend at the park. These weekend<br />

events attract over 1,500 ATV and Dirt Bike enthusiasts and families to the park<br />

for the weekend. Many of the attendees travel over 50 miles (one way) to attend<br />

the event. The influx of this many people into the rural area (where the park is<br />

located) has a positive economic impact on the small communities located<br />

nearby. I personally travel over 80 miles (one way) to attend these events. I<br />

spend money in the nearby towns for lodging, meals, supplies & fuel. The same<br />

is true when I recreate at the OHV on non-Jamboree days.<br />

I feel that the <strong>Loup</strong> <strong>Power</strong> <strong>District</strong> has done a tremendous service for the Off<br />

Highway Vehicle users of Nebraska by creating and maintaining the Headworks<br />

OHV Park on their property. Headworks OHV Park is the only public ATV & Dirt<br />

Bike trail system in the Eastern half of Nebraska.<br />

In closing, I again urge you and the Federal Energy Regulatory Commission to<br />

approve the re-licensing of the <strong>Loup</strong> <strong>Power</strong> <strong>District</strong> Hydroelectric Project officially<br />

known as: <strong>Loup</strong> River Project No. 1256-029.<br />

With the approval of the re-licensing of the Hydroelectric Project and the<br />

continued operation of the Headworks Off Highway Vehicle (OHV) Park, many of<br />

my friends and myseff can look forward to years of enjoyable recreation, right<br />

here in the great state of Nebraska.<br />

Thank you very much for taking the time to review my request.<br />

Respectfully submitted,<br />

,,~~John ~S. Brooke


~0090212-0045 FERC PDF (Unofficial) 01/30/2009<br />

I- ~g.-- 0:~<br />

%~x~ ~',~'~, ~'.<br />

,~,.. ~,-,. ~,~ .~ ~ ~-~ .,~,,<br />

~,~sk,~-'k: ~- ~ ~ ,~ ~.<br />

~c ~..~ %~.. ~,~ f~-~-~


?0090213-0083 FERC PDF (Unofficial) 02/11/2009<br />

January 25, 2009<br />

<strong>Loup</strong> River Project No. 1256-029<br />

The Simons Family<br />

Lincoln, NE.<br />

Dear Sirs,<br />

• :-r.;<br />

77,?,¥<br />

ZO0~ ~'I:'B I I P 3: I'l<br />

:.. ......... ,. ,,. 2,13,,<br />

I would like to thank you all for the opportunity for all to voice our thoughts and<br />

concerns, about any happenings at the Headworks OHVA park in Genoa, NE.<br />

My self and three children have found very few places to ride as fun as Headworks park.<br />

The trails, sand bars, water, sand dunes all are very easy for experienced and amateur<br />

riders of all ages.<br />

Any time we have gone to Headworks we take and or meet 7 - 10 atvs and motorcycles.<br />

We have met many people from other areas of the state that enjoy the same sport and<br />

outdoors activities as us. Making it that much more fun.<br />

Living in Lincoln we have to find places to ride that are within a few hours drive to be<br />

able for us to enjoy a good day of riding. There are a few other places inside the state and<br />

out of state that one has to pay, or be registered with the state in order to ride in there<br />

facilities. We have never seen as many people in these other riding places as we have at<br />

Headworks Park.<br />

All activities that are held by NOHVA are manned by volunteers and members that pay<br />

dues in order to help maintain any activities, clean up and maintenance of trails. These<br />

are paid by people who enjoy the offroad sports that facilities like Headworks offer.<br />

The offroad sport of ATVing and motorcycling would suffer severely with the closing<br />

of the only public riding area in the eastern half of Nebraska. There are families from all<br />

walks of life that use this facility for fun and to just get away from the hectic city life.<br />

Again, I would like to thank you and all involved with the Federal Energy Regulatory<br />

Commission, for taking concerns and comments on this issue. I want to reassure you<br />

how the public, business, and families will suffer with the closing of Headworks park.<br />

Barry Simons


_~0090128-0249 FERC PDF (Unofficial) 01/26/2009<br />

Kimberly D. Bose<br />

Federal Energy Regulatory Commission<br />

888 First St. N.E., Room 1A<br />

Washington, D.C. 20426<br />

Dear Ms. Bose:<br />

: . .: . r<br />

• ..:-~ ~ ....... ._. ....<br />

~ ,: ~.~--.i;i~ !..-;~, !~_ , .- '~ ~ '.! ,- . "<br />

:-:..~. r - . ,<br />

....... • .ii0--. :i -<br />

-. : ._. . . . . . . . . . . . . .<br />

4 ~; ~ i ._~ , " ~:. o '~ .... ~ U ....<br />

~_7 :.;, ~.~ _, 7-- : ! ~_--- ' ' :~. i "- ~ "<br />

The licensing for <strong>Loup</strong> River Project No. 1256-029 is now being considered by your<br />

office. Please allow me a short moment of your time to explain why I think this is a vital<br />

opportunity for the State of Nebraska and our recreation future. With the economy being<br />

what it is, many folks are wanting to stay closer to home when vacationing or looking for<br />

a weekend outing. The <strong>Loup</strong> River Headworks Park is one area where this can be done.<br />

With there being a very limited amount of these places available in Nebraska, I ask that<br />

this Project be allowed to continue to provide both electricity and recreation to our state. I<br />

have spent countless days and nights at the park and enjoy its solitude & scenery<br />

immensely. I also believe we have minimal impact on the area. There is no charge for<br />

the services there (fishing, camping, hiking, ATVing, etc) and the area is kept clean and<br />

orderly by <strong>Loup</strong> <strong>Power</strong> and The Nebraska Off Highway Association, which I am a proud<br />

member of. As you know, the area is closed for 2- 6 week periods each year. The<br />

dredging that occurs there changes the topography of the area slightly and makes for a<br />

more enjoyable reopening of the park when completed each May and October. Also, this<br />

is the only free public access area of its kind in the state! And our local economy benefits<br />

greatly from this park being open as food and fuel are purchased nearby in Genoa just<br />

east of the park. People often travel from neighboring states to visit our area and provide<br />

much needed monies to help us keep the park recreation level what it is- First Class! In<br />

closing, I would like to thank you for letting me state my points for the park. Have a nice<br />

day!<br />

Respectfully yours,<br />

Timothy ~art<br />

Off Road Enthusiast<br />

Member of NOHVA


~0090213-0084 FERC PDF (Unofficial) 02/11/2009<br />

January 26, 2009 "] !\<br />

<strong>Loup</strong> River Project No. 1256-029<br />

i t... • { ,¢~ " ...<br />

" ~.~,P,y<br />

lgO~ FEB I I D 3: I "/<br />

I am writing this letter to say how much my friends, family, and myself en'}oy ¢~m. E'm8 :~..<br />

and riding ATV's at the Headwork's riding area near Genoa Nebraska. It is one of v~';) '~ ":~<br />

few public places we have leR to ride ATV's here in Nebraska. I could go on and on<br />

about countless things that I love about the Headwork's riding area but in this letter l just<br />

want to express how much I would hate to see this privilege taken away from us.<br />

Thank you for listening,<br />

Jason.


Selzle, Lydia<br />

From: Jorgensen, Joel [Joel.Jorgensen@nebraska.gov]<br />

Sent: Monday, January 26, 2009 12:14 PM<br />

To: Marinovich, Melissa<br />

Subject: FW: 2006 Nebr. report<br />

Attachments: PIPL_NE.doc<br />

Melissa:<br />

, Joel<br />

See attached.<br />

===============================<br />

Joel Jorgensen<br />

Nongame Bird Program Manager<br />

Wildlife Division<br />

Nebraska Game and Parks Commission<br />

Lincoln, NE 68503<br />

402 471 5440<br />

joel.jorgensen@nebraska.gov<br />

From: Elise Elliott Smith [mailto:eelliott smith@usgs.gov]<br />

Sent: Monday, January 26, 2009 8:50 AM<br />

To: Jorgensen, Joel<br />

Subject: Re: 2006 Nebr. report<br />

1


t0090223-0039 FERC PDF (Unofficial) 02/19/2009<br />

January 26, 2009<br />

LOUP RIVER HYDRO-ELECTRIC PROJECT<br />

FERC No. 1256-029<br />

Re: re-licensing of <strong>Loup</strong> River Hydro-Electric Project<br />

To whom it may concern:<br />

< "', ~ L:..',:c~?,~<br />

I am writing this letter to let you know how beneFmial the <strong>Loup</strong> River<br />

Hydro-Electric Project is to the four county area that it serves and to the State of<br />

Nebraska.<br />

I have lived by the <strong>Loup</strong> River canal for 50 years. I have enjoyed fishing in<br />

the canal & camping by their lakes. The <strong>Loup</strong> River Hydro-Electric Project also<br />

serves the community very well by providing inexpensive amen electric power to<br />

the surrounding four county area. <strong>Loup</strong> Public <strong>Power</strong> <strong>District</strong> also supplies water<br />

for irrigation. Irrigation is very important to the farmers that live by the <strong>Loup</strong> River<br />

canal. I think it is vital that the <strong>Loup</strong> Public <strong>Power</strong> Disb'ict gets their license<br />

renewed without any changes in the way they operate their facilities. I also think<br />

the irrigators should be able to keep irrigating their farmland from the <strong>Loup</strong> canal.<br />

Sincerely, ..~<br />

Francis Shanle


The 2006 International Piping<br />

Plover Breeding Census in<br />

Nebraska (off-Missouri River)<br />

Joel Jorgensen<br />

Nebraska Game and Parks Commission<br />

P.O. Box 30370<br />

Lincoln, NE 68503<br />

402-471-5440<br />

joel.jorgensen@nebraska.gov<br />

Long-term drought conditions greatly affected<br />

the 2006 International Piping Plover Census in<br />

Nebraska both by limiting habitat and access at<br />

certain sites and by concentrating and increasing<br />

birds elsewhere. The 2006 survey was<br />

conducted in a similar fashion to earlier IPPCs.<br />

All surveys were conducted 5-19 June.<br />

Survey participants included personnel from the<br />

Nebraska Game and Parks Commission, U.S.<br />

Fish and Wildlife Service, Nebraska Public<br />

<strong>Power</strong> <strong>District</strong>, Central Nebraska Public <strong>Power</strong><br />

and Irrigation <strong>District</strong>, the Tern and Plover<br />

Conservation <strong>Part</strong>nership, National Park<br />

Service, and several volunteers. A total of 423<br />

kilometers of river were surveyed by airboat,<br />

132 kilometers by canoe. A total of 61 sand and<br />

gravel pits and one large reservoir were<br />

surveyed. Two other large reservoirs (Lake<br />

Minatare and Calamus Reservoir) were<br />

monitored but not formally surveyed because it<br />

was determined that both lacked suitable<br />

habitat.<br />

In 2006, 718 adult Piping Plovers were counted<br />

in Nebraska. This total reverses the trend of<br />

decreases recorded during previous International<br />

Piping Plover Censuses and represents increases<br />

of 133% from 2001 (308 adults), 96% from<br />

1996 (366), and 80% (398) from 1991. The<br />

overall increase is likely both the result of an<br />

actual increase of birds at certain sites and better<br />

coverage at others.<br />

The most notable increase in birds was at Lake<br />

McConaughy, Keith County, where 358 adults<br />

were counted. Lake McConaughy has<br />

consistently been at record or near record low<br />

water levels for the past several years as the<br />

result of long-term drought, exposing large<br />

expanses of suitable habitat. The reservoir,<br />

whose water is primarily used for irrigation, was<br />

markedly lower in 2006 than during the<br />

previous three IPPCs when 60, 69, and 73 adults<br />

were recorded in 1991, 1996, and 2001<br />

respectively. It was not until 1978 that Piping<br />

Plover were even recorded at this western<br />

Nebraska reservoir and the previous high count<br />

was 143 in 1993 (Sharpe et al. 2001).<br />

Plover numbers were also higher on the<br />

Niobrara River. The 204 total tallied this year is<br />

notably higher than previous years when 79,<br />

107, and 87 were recorded in 1991, 1996, and<br />

2001, respectively. Away from the Niobrara, on<br />

the Platte, Elkhorn, and <strong>Loup</strong> Rivers, only 27<br />

adults were counted. Furthermore, 78% (562)<br />

of all plovers recorded in Nebraska during the<br />

2006 Census were recorded on the Niobrara<br />

River and at Lake McConaughy.<br />

Low water levels have positively affected<br />

Piping Plover numbers at Lake McConaughy,<br />

but the impacts of low water flows on bird<br />

numbers on the central Platte River have been<br />

negative. In fact, this year’s scheduled airboat<br />

surveys for almost all of the central Platte were<br />

cancelled because of a lack of water. Only 2<br />

adults were tallied on the 29 km stretch that was<br />

surveyed. Previous Censuses yielded totals of<br />

46 in 1991, 25 in 1996, and 4 in 2001. Numbers<br />

recorded at sand and gravel pits that are<br />

associated with and often located adjacent to<br />

rivers, such as the Platte, appear to have<br />

remained relatively stable with 129 adults<br />

recorded this year.<br />

In Nebraska, it appears that the vast majority of<br />

suitable Piping Plover habitat was surveyed. A


number of areas that possess very limited or<br />

marginal habitat were not included in the<br />

survey. These sites have generally been<br />

surveyed in the past and it has been determined<br />

that there is a low likelihood of birds occupying<br />

them. They include some isolated sandpits and<br />

minor river systems, such as the Little Blue<br />

River. It is believed that inclusion of these areas<br />

would have had minimal impact on totals<br />

recorded during the 2006 Census.<br />

While it serves as a useful baseline, it is difficult<br />

to know whether the survey results represent the<br />

actual number of birds in Nebraska. While this<br />

year’s effort to determine detection probability<br />

is a positive step forward, there is perhaps the<br />

need to standardize other portions of the survey<br />

so that long-term inferences can be made from<br />

the data. This may be difficult, given<br />

Nebraska’s varied habitat types and the various<br />

methods (e.g. airboat, foot, canoe) used to<br />

survey areas. Standardization of some aspects<br />

would be useful, however, particularly when<br />

there are personnel changes.<br />

All survey participants deserve a great deal of<br />

credit for the effort and time that they put into<br />

the 2006 survey. <strong>Part</strong>icipants include: Kari<br />

Andresen, Diane Beachly, Mark Czaplewski,<br />

Kathy DeLara, Leslie Farnham, Kristy Hajny,<br />

Robert Harms, Michael Hart, Renae Held, Jim<br />

Jenniges, Joel Jorgensen, Justin King, Elizabeth<br />

Murray, Sean O’Brien, Dan Roberts, Soren<br />

Rundquist, Matt Schwartz, Robin Smith, Dugan<br />

Smith, Martha Tacha, Chris Thody, Gareth<br />

Welke, Erica Wilson, Gabriel Wilson, and<br />

Stephen Wilson.<br />

Comparison of Census Numbers 1<br />

1991 1996 2001 2006<br />

Total<br />

398 375 308 893 2<br />

Adults<br />

1 Missouri River data are included in all totals.<br />

2 This is the total from a single survey at each site; if more than<br />

one survey was conducted, we count only results from the first<br />

survey during the census window.<br />

Detectability Study<br />

Sites Included<br />

First<br />

Count<br />

Second<br />

Count<br />

Central Platte River, Sandy<br />

Channels/Johnson Pit<br />

6 6<br />

Central Platte (RM 230-235) 2 2<br />

Lower Platte River, Cullom<br />

(New Pit)<br />

0 0<br />

Lower Platte River,<br />

Plattsmouth Pit 1<br />

0 0<br />

Lower Platte River, Arps<br />

East Pit<br />

0 0<br />

Lower Platte River, Arps<br />

West Pit<br />

0 0<br />

Lower Platte River,<br />

Lux S&G 1<br />

6 6<br />

Lower Platte River, Western<br />

Fremont Pit 1<br />

6 5<br />

Lower Platte River, Ginger<br />

Cove Pit (Valley #11) 1 3 3<br />

Lower Platte River, Mallard<br />

Pit at Valley 1<br />

1 2<br />

Central Platte River, Central<br />

S&G, Grand Island<br />

0 0<br />

North Platte River, Lake<br />

McConaughy, Dam to Vans E<br />

North Platte River, Lake<br />

127 107<br />

McConaughy, Cedar View to<br />

W end<br />

North Platte River, Lake<br />

0 0<br />

McConaughy, S side Vans to<br />

W end<br />

3 33<br />

Elkhorn River, Central S&G<br />

Norfolk #92<br />

2 2<br />

Elkhorn River, Pilger S&G,<br />

Norfolk Pit<br />

0 0<br />

Central Platte River, Grigsby<br />

Pit<br />

7 4<br />

Lower Platte River, Dolezal<br />

Pit East<br />

0 0<br />

1 Replicate survey was conducted first (outside of Census<br />

window) so second survey was used to calculate official state<br />

total.


COUNTY/<br />

REGION SITE NAME<br />

Boyd/Holt<br />

Boyd/Holt/<br />

Knox<br />

Boyd/Holt/<br />

Knox<br />

Brown/Rock/<br />

Keya Paha<br />

Brown/Rock/<br />

Keya Paha<br />

Buffalo<br />

Buffalo<br />

Buffalo<br />

Buffalo<br />

Buffalo<br />

The 2006 International Piping Plover Breeding Census in Nebraska<br />

MAP<br />

# DATE<br />

BR<br />

PAIRS<br />

TOTAL<br />

ADULTS KM<br />

SITE<br />

DESCRIPTION<br />

PIPL<br />

HABITAT<br />

91<br />

CENSUS<br />

96<br />

CENSUS<br />

01<br />

CENSUS OWN<br />

Niobrara River, Spencer Dam to<br />

Redbird Bridge<br />

Niobrara River, Pischelville to<br />

3 6/12 10 21 8.8 III F 5 Yes Yes Yes p<br />

Highway 12<br />

Niobrara River, Redbird<br />

5 6/14 26 54 12.5 III F 5 III F 5 Yes Yes Yes n.r.<br />

Bridge to Pischelville Bridge 4 6/15 10 23 9.3 III F 5 Yes Yes Yes p<br />

Niobrara River, Norden Dam to<br />

Hwy 137 Bridge 1 6/13 5 11 49.8 III F 5 III F 5 Yes Yes Yes p<br />

Niobrara River, Spencer Dam to<br />

hwy 137 2 6/13 32 95 64.4 III F 5 III F 5 Yes Yes Yes p<br />

Central Platte River, Broadfoot's<br />

North of Minden - (Newark) 54 6/14 0 4 2.7 VII I 1 9 12<br />

Central Platte River, Broadfoot's<br />

West (Kearney South) 53 6/14 0 11 3.9 VII I 1 10 13<br />

VII I 1 9<br />

12 No Yes Yes p<br />

VII I 1 9<br />

12 Yes Yes Yes p<br />

Central Platte River, Elm Creek-<br />

Paulson/Bluehole Sandpit 50 6/14 5 7 2.0 VII I 2 9 VII I 2 Yes Yes Yes p<br />

Central Platte River, Mid-<br />

Nebraska Aggregate-Minden 55 6/14 0 0 0.3 VII I 1 Yes Yes Yes p<br />

Central Platte River, Sandy<br />

Channels/Johnson Pit 51 6/15 3 6 1.0 VII I 2 VII I 2 No Yes Yes p<br />

Buffalo<br />

Central Platte River, T&F Elm<br />

Creek 49 6/15 0 0 0.4 VII I 2 10 No No No p<br />

Buffalo Wells Pit 52 6/15 0 0 0.8 No No No p<br />

Buffalo/<br />

Dawson<br />

Butler<br />

Cass<br />

Cass/Sarpy<br />

Central Platte River (RM 229-<br />

247) 48 6/9 0 2 29.0 III F 5 III F 5 Yes Yes Yes p<br />

Lower Platte River, Bellwood<br />

Central S&G 67 6/12 0 4 n.r. VII A 9 VII A 9 No No No p<br />

Lower Platte River, Cullom (New<br />

Pit) 85 6/19 0 0 n.r. VII A 9 Yes Yes Yes p<br />

Lower Platte River, Plattsmouth<br />

Pit 86 6/19 0 0 1.0 VII A 9 Yes Yes Yes p<br />

Cass/Sarpy<br />

Lower Platte River, Plattsmouth<br />

to Salt Creek Mouth 87 6/12 0 2 41.9 III F 5 III F 5 Yes Yes Yes p<br />

Colfax Lower Platte River, Arps East Pit 70 6/12 0 0 n.r. VII A 9 Yes Yes Yes p


COUNTY/<br />

REGION SITE NAME<br />

The 2006 International Piping Plover Breeding Census in Nebraska<br />

(Continued)<br />

MAP<br />

# DATE<br />

BR<br />

PAIRS<br />

TOTAL<br />

ADULTS KM<br />

SITE<br />

DESCRIPTION<br />

PIPL<br />

HABITAT<br />

91<br />

CENSUS<br />

96<br />

CENSUS<br />

01<br />

CENSUS OWN<br />

Colfax Lower Platte River, Arps Pit 69 6/12 0 10 n.r. VII A 9 VII A 9 Yes Yes Yes p<br />

Colfax Lower Platte River, Arps West Pit 68 6/12 0 0 n.r. VII A 10 Yes Yes Yes p<br />

Cuming Elkhorn River, West Point (Stalp) 10 6/5 0 9 n.r. VII A 9 VII A 9 Yes Yes Yes p<br />

Dawson<br />

Dawson<br />

Dawson<br />

Dawson<br />

Dawson<br />

Central Platte River, Lexington<br />

Sandpit 45 6/15 2 7 0.5 VII A I 2 0 VII I 2 No No Yes p<br />

Central Platte River, Overton S&G,<br />

Overton Pit 47 6/15 0 0 0.5 VII I 2 9 Yes Yes Yes p<br />

Central Platte River, Paulsen Pit -<br />

Lexington 46 6/15 1 1 0.5 VII I 2 10 VII I 2 Yes Yes Yes p<br />

Upper Platte River, Kirkpatrick's<br />

Sanpit 41 6/8 0 0 3.2 VIII E 1 Yes Yes Yes p<br />

Upper Platte River, Koch's South -<br />

Cozad Pit 43 6/7 3 6 n.r. VIII E 1 Yes Yes Yes p<br />

Dawson<br />

Upper Platte River, Overton S&G,<br />

Lexington Pit 44 6/15 0 0 0.8 VIII Yes Yes Yes p<br />

Dawson Upper Platte River, Potter Pond 40 6/8 0 0 n.r. VIII E 2 Yes Yes Yes p<br />

Dawson<br />

Deuel<br />

Upper Platte River, Willow Island<br />

Sandpitt 42 6/7 0 0 n.r. VIII E 1 No Yes No p<br />

South Platte River, Big Springs<br />

Gravel pit 20 6/3 0 0 n.r. n.r. No Yes Yes p<br />

Dodge<br />

Elkhorn River, Lyman Richey<br />

Fremont Pit (#47) 11 6/13 0 1 0.2 VII A 9 VII A 9 No No Yes p<br />

Dodge Lower Platte River, Lux S&G 71 6/12 1 6 0.2 VII A 9 VII A 9 No Yes Yes p<br />

Dodge<br />

Douglas<br />

Douglas<br />

Lower Platte River, Western<br />

Fremont Pit 74 6/1 0 6 0.8 VII A 9 VII A 9 Yes Yes Yes p<br />

Lower Platte River, All Spec<br />

(Venice Pit) 78 6/14 0 0 n.r. VII A 9 No No Yes p<br />

Lower Platte River, Ginger Cove Pit<br />

(Valley #11) 75 6/14 0 3 0.9 VII A 9 VII A 9 Yes Yes Yes p


COUNTY/<br />

REGION SITE NAME<br />

Douglas<br />

Douglas<br />

Garden<br />

Hall<br />

Hall<br />

Hall<br />

Hall<br />

The 2006 International Piping Plover Breeding Census in Nebraska<br />

(Continued)<br />

MAP<br />

# DATE<br />

BR<br />

PAIRS<br />

TOTAL<br />

ADULTS KM<br />

SITE<br />

DESCRIPTION<br />

PIPL<br />

HABITAT<br />

91<br />

CENSUS<br />

96<br />

CENSUS<br />

01<br />

CENSUS OWN<br />

Lower Platte River, Lyman Richie<br />

S&G (Waterloo #40 Pit) 77 6/14 0 0 n.r. VII A 9 No Yes Yes p<br />

Lower Platte River, Mallard Pit at<br />

Valley 76 6/14 1 2 0.6 VII A 9 VII A 9 No Yes Yes p<br />

North Platte River, Lewellen Gravel<br />

Pit 19 6/14 0 0 0.8 VII A 9 No Yes Yes p<br />

Central Platte River, Central S&G,<br />

Grand Island 61 6/14 0 0 1.4 VII I 1 9 No No Yes p<br />

Central Platte River, Hooker Bros.<br />

S&G, Grand Island (South) 59 6/12 0 0 1.4 VII A I 1 9 No Yes Yes p<br />

Central Platte River, Hooker Bros.<br />

S&G, Grand Island (West) 58 6/12 0 0 1.0 VII A I 1 9 Yes Yes Yes p<br />

Central Platte River, Island S&G,<br />

Grand Island 60 6/12 0 0 0.8 VII A I 1 9 No Yes Yes p<br />

Hall<br />

Central Platte River, Lilley's in<br />

Prosser 56 6/14 0 0 1.0 VIII I 1 No No Yes p<br />

Hall Deweese- Alda 57 6/14 0 0 0.8 VII I 1 No No No p<br />

Hamilton Central Platte River, Mowitz Pit 65 6/8 0 6 n.r. VII A 9 VII A 9 No No No p<br />

Howard North <strong>Loup</strong> River, St. Paul Pit 14 6/5 0 10 0.8 VII A 9 VII A 9 No Yes Yes p<br />

Howard<br />

Howard/<br />

North <strong>Loup</strong> River, Tri-County S&G 13 6/5 0 0 0.5 VII A 9 No Yes Yes p<br />

Nance/ <strong>Loup</strong> River, <strong>Loup</strong> Diversion to<br />

Merrick North <strong>Loup</strong> Mouth<br />

North Platte River, Lake<br />

McConaughy, Arthur Bay to Sandy<br />

15 6/6 3 6 54.8 III F 5 III F 5 Yes Yes Yes p<br />

Keith Beach 21 6/12 10 32 6.4 VI A 1 VI A Yes Yes Yes p<br />

Keith<br />

Keith<br />

Keith<br />

North Platte River, Lake<br />

McConaughy, Cedar Vue to W end 22 6/5 0 0 6.4 VI A Yes Yes Yes p<br />

North Platte River, Lake<br />

McConaughy, Dam to Arthur Bay 23 6/5 30 63 6.4 VI A 12 VI A Yes Yes Yes p<br />

North Platte River, Lake<br />

McConaughy, Dam to Vans E 24 6/5 48 127 16.1 VI A VI A Yes Yes Yes p


COUNTY/<br />

REGION SITE NAME<br />

Keith<br />

Keith<br />

Keith<br />

Keith<br />

Keith<br />

Keith<br />

Keith<br />

The 2006 International Piping Plover Breeding Census in Nebraska<br />

(Continued)<br />

MAP<br />

# DATE<br />

BR<br />

PAIRS<br />

TOTAL<br />

ADULTS KM<br />

SITE<br />

DESCRIPTION<br />

PIPL<br />

HABITAT<br />

91<br />

CENSUS<br />

96<br />

CENSUS<br />

01<br />

CENSUS OWN<br />

North Platte River, Lake<br />

McConaughy, Lemoyne to Spring<br />

Park<br />

North Platte River, Lake<br />

McConaughy, S Dam to Ogallala<br />

25 6/13 27 52 8.0 VI A 12 VI A Yes Yes Yes p<br />

Beach 26 6/7 0 0 11.3 VI A Yes Yes Yes p<br />

North Platte River, Lake<br />

McConaughy, S side Vans to W end<br />

North Platte River, Lake<br />

McConaughy, Sandy Beach to<br />

27 6/7 16 33 5.3 VI A 1 12 VI A Yes Yes Yes p<br />

Lemoyne<br />

North Platte River, Lake<br />

McConaughy, Spring Park to Cedar<br />

28 6/12 13 31 6.4 VI A 12 VI A Yes Yes Yes p<br />

Vue<br />

North Platte River, Lake<br />

McConaughy, Spring Park to<br />

29 6/13 13 25 8.0 VI A 12 VI A Yes Yes Yes p<br />

Sandpit 30 6/13 7 25 5.6 VI A 12 VI A Yes Yes Yes p<br />

South Platte River, Anderson S&G,<br />

Paxton Pit 35 6/8 0 0 0.3 VII A 9 No No Yes p<br />

Keith<br />

South Platte River, Anderson S&G,<br />

Roscoe Pit 34 6/8 0 0 0.3 VII A 9 No Yes Yes p<br />

Keith South Platte River, Brule Sand Pit 32 6/3 0 0 n.r. VII A 9 No Yes Yes p<br />

Keith South Platte River, Brule to Roscoe 31 6/3 0 0 24.1 III F 5 No Yes Yes p<br />

Keith<br />

Lincoln<br />

Lincoln<br />

South Platte River, Ogallala Ready<br />

Mix/Paulson's S&G 33 6/6 0 0 0.3 VII A 9 No No Yes p<br />

South Platte River, Sutherland Pit<br />

(Anderson S&G) 37 6/8 0 0 0.4 VII A 9 No Yes Yes p<br />

South Platte River, Whitney S&G,<br />

Sutherland Pit 36 6/8 0 0 0.4 VII A 9 No No Yes p<br />

Lincoln<br />

Upper Platte River, Lexington<br />

Bridge to N. Platte Diversion 38 6/8 1 2 1.6 III E 2 Yes Yes Yes s(p)<br />

Lincoln Upper Platte River, Maxwell Pit 39 6/8 0 0 0.2 VIII E 2 Yes Yes Yes p


COUNTY/<br />

REGION SITE NAME<br />

Madison<br />

The 2006 International Piping Plover Breeding Census in Nebraska<br />

(Continued)<br />

MAP<br />

# DATE<br />

BR<br />

PAIRS<br />

TOTAL<br />

ADULTS KM<br />

SITE<br />

DESCRIPTION<br />

PIPL<br />

HABITAT<br />

91<br />

CENSUS<br />

96<br />

CENSUS<br />

01<br />

CENSUS OWN<br />

Elkhorn River, Central S&G<br />

Norfolk #92 6 6/5 1 2 1.4 VII A 9 VII A 9 No Yes Yes p<br />

Madison<br />

Elkhorn River, Pilger S&G,<br />

Norfolk Pit 7 6/5 0 0 1.2 VII A 9 Yes Yes Yes p<br />

Merrick Central Platte River, Clarks Pit 66 6/12 0 0 n.r. VII A 9 No No No p<br />

Merrick Central Platte River, Grigsby Pit 63 6/6 0 7 0.6 VII A 9 VII A 9 No No Yes p<br />

Merrick<br />

Central Platte River, Hamilton<br />

County S&G 64 6/6 0 0 n.r. VII A 9 No No No p<br />

Merrick<br />

Central Platte River, Hooker<br />

Bros. S&G, Grand Island (East) 62 6/12 0 0 1.6 VII I 1 9 No No No p<br />

Nance <strong>Loup</strong> River, <strong>Loup</strong> Diversion 16 6/6 0 4 1.6 VII A 9 VII A 9 Yes Yes Yes p<br />

Platte<br />

<strong>Loup</strong> River, Central S&G,<br />

Genoa Pit 17 6/6 0 9 1.6 VII A 9 VII A 9 Yes Yes Yes s/p<br />

Platte <strong>Loup</strong> River, Stempek Pit 18 6/6 0 0 0.1 VII A 9 No No Yes p<br />

Sarpy<br />

Lower Platte River, Linoma<br />

Beach Pit 82 6/14 0 0 n.r. VII A 9 No No No p<br />

Sarpy<br />

Lower Platte River, Western<br />

S&G at Louisville Pit 84 6/13 0 4 0.4 VII A 9 VII A 9 Yes Yes Yes p<br />

Sarpy/Saunders/ Lower Platte River, Elkhorn<br />

Dodge/Colflax/ River Mouth to <strong>Loup</strong> River<br />

Douglas/Platte Mouth 81 6/12 0 8 112.6 III F 5 III F 5 Yes Yes Yes p<br />

Saunders Lower Platte River, Bluff Pit 73 6/12 0 0 0.2 VII A 9 Yes Yes Yes s/p<br />

Saunders<br />

Saunders<br />

Saunders/Sarpy/<br />

Cass<br />

Saunders<br />

Stanton<br />

Lower Platte River, Dolezal Pit<br />

East<br />

Lower Platte River, Lyman-<br />

Ritchey S&G, Western Ashland<br />

72 6/12 0 0 0.5 VII A 9 No No Yes p<br />

Pit 80 6/13 0 0 2.0 VII A 9 No No Yes p<br />

Lower Platte River, Salt Creek<br />

Mouth to Elkhorn River Mouth 83 6/12 0 4 11.3 III F 5 III F 5 Yes Yes Yes n.r.<br />

Lower Platte River, Western<br />

North Pit (Big Sandy) 79 6/12 0 3 4.0 VII A 9 VII A 9 Yes Yes Yes p<br />

Elkhorn River, Pilger S&G,<br />

Pilger Pit 8 6/19 0 0 0.8 VII A 9 Yes Yes Yes p


COUNTY/<br />

REGION SITE NAME<br />

Valley<br />

Washington/<br />

Douglas/Sarpy/<br />

Stanton/Dodge/<br />

Cuming<br />

The 2006 International Piping Plover Breeding Census in Nebraska<br />

(Continued)<br />

MAP<br />

# DATE<br />

BR<br />

PAIRS<br />

TOTAL<br />

ADULTS KM<br />

SITE<br />

DESCRIPTION<br />

PIPL<br />

HABITAT<br />

91<br />

CENSUS<br />

96<br />

CENSUS<br />

01<br />

CENSUS OWN<br />

North <strong>Loup</strong> River, Ulrich S&G<br />

(East) 12 6/8 0 2 0.5 VII A 9 VII A 9 Yes Yes Yes p<br />

Elkhorn River, Mouth to N<br />

Fork Elkhorn River Mouth 9 6/5 0 3 148.4 III F 5 III F 5 Yes Yes Yes s/p<br />

Off-Missouri River Subtotal 267 749 1 695.6<br />

Missouri River Subtotal 66 180 1 14.2<br />

Total 333 929 1 709.8<br />

1 This total is the “high count”; since two surveys were conducted at some sites for the detectability study, this total includes the highest count at each site.


0090212-0203 FERC PDF (Unofficial) 02/10/2009<br />

01/27/2009<br />

RE: LOUP RIVER PROJECT NO. 1256-029<br />

To whom it may concern. I am writing this letter in reference to the Genoa riding area at<br />

the Headworks OHV Park. This place has given my family, friends, and myself, some of<br />

the most fun and lasting memories to date, and it would be devastating to us if it was to<br />

be closed. At this area, people can fish, camp, cool off in the river, and ride ATV's.<br />

There is such a diverse amount of nature to explore there, and just have some good clean<br />

fun. The old saying "The family that plays together .... stays together" is our motto. This<br />

is the type of good clean fun that kept me out of trouble as a youngster, and is helping to<br />

keep my own children out of trouble. Showing our kids that there is an alternative to<br />

getting involved with the wrong groups, and trying drugs is so important, and the diverse<br />

activity of the Headworks OHV Park is abig part in this. We support the Genoa<br />

community when we go riding. My kids love the hot dogs at the local gas station, where<br />

we also purchase gas and other supplies. We travel about lhour and 20 minutes from our<br />

home to the riding area. It is an activity that is anxiously looked forward to on the<br />

weekends. The Jamborees that are held are proof as to how popular this sport is.<br />

Headworks Park is the only public place for ATV trails in the eastern half of Nebraska.<br />

With our suffering economic situation, closing this area would have a ripple effect,<br />

income for the community from visitors, repair shops, ATV dealers, and so on. Money<br />

that is spent on this recreation will simply go away. To the FERC, please keep this<br />

wonderful area open for recreation, the area within the boundaries of the OHV park is<br />

such a small portion in the Big Picture of things, and it can be shared with the wildlife,<br />

our impact with the fish and birds is little, if any, and there is plenty of room for both of<br />

us to share.<br />

In closing, I would like to thank the FERC for allowing my the chance to state my views<br />

and opinions, and I would like to say one more time how important it is to my friends, my<br />

family, and myself that this riding area remain open when the new operating license is<br />

approved, so the OHV park can continue to be operated and used, as it has been in the<br />

past, and for future generations of outdoor recreational seekers. We would TRULY<br />

suffer if this area is closed more than it is now, or for good.<br />

Respectfully yours,<br />

Michael E. Kroeger.<br />

~i!,ji!iii(~ /::~i!ii ~/~i~ • :~ ::/ ~ ...... ' ~ ..... ~ ' ..... • • :<br />

;~;~L~I/ i:~i ik:::~ ' :~: :ii~71,~ : i:: :!~ ~ ..... i .... ..... L<br />

: ~ .... ~ ~ ~j :i:i : ~, •~il; i:~ i! ~ '~' ~ i:: .... ~/ ....<br />

U~ ~-~ r-_<br />

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CI-~ ~:5 ~ ~-~


Selzle, Lydia<br />

From: Christine Thody [cthody2@unlnotes.unl.edu]<br />

Sent: Tuesday, January 27, 2009 9:23 AM<br />

To: Marinovich, Melissa<br />

Subject: data sheet<br />

Attachments: Census sheet 2007 (data).xls<br />

Hi Melissa,<br />

I'm glad you'll be able to come to the meeting. I'll send you a full agenda about a week before the meeting.<br />

I have attached a simple data sheet that we use, particularly for volunteers.<br />

See you soon.<br />

Chris<br />

(See attached file: Census sheet 2007 (data).xls)<br />

Chris Thody, Outreach Coordinator<br />

Tern and Plover Conservation <strong>Part</strong>nership<br />

153D Hardin Hall<br />

3310 Holdrege Street<br />

Lincoln, NE 68583-0931<br />

402-472-8741<br />

Visit our website at http://ternandplover.unl.edu<br />

1


PIT NAME:<br />

DATE Observer's name Adults<br />

LEAST TERN & PIPING PLOVER COLONY DATA SHEET - YEAR 2008<br />

Pit supervisor:<br />

Least Terns Piping Plovers<br />

Nests<br />

Chicks newly hatched<br />

Smaller Chicks<br />

Larger Chicks<br />

*Fledged<br />

Adults<br />

Nests<br />

Chicks newly hatched<br />

Smaller Chicks<br />

Larger Chicks<br />

*Fledged<br />

COMMENTS


t0090227-0166 FERC PDF (Unofficial) 02/23/2009<br />

<strong>Loup</strong> River Project - No. 1256-029<br />

" " - -~ 1-27-09<br />

"" " T V<br />

To Whom It May Concern: IOU~ FEB 23 P L~: Ob<br />

We are writing to voice our support ofk..eep'm.g the;Headworks OHV<br />

Park located near Genoa, NE open to the ~ public. Our main<br />

concerd~e availability of the numerous trails and open areas for ATV's<br />

to ride for miles for the pure enjoyment of this sport<br />

The close proximity of this park to our home, within 45 miles,<br />

allows our friends and ourselves to be riding in the area in about an hour.<br />

The next closest area is Halsey State Park, which is three hours away.<br />

That, too, is a wonderful area, but requires a two or three day commitment.<br />

Headworks Park is a one day excursion, which for the average working<br />

eastern Nebraskan is an absolute positive.<br />

Every time we ride the area we always meet someone we know or<br />

meet someone new we get to know. The conversation eventually turns to<br />

how much we all enjoy the Headwork's Park ~ how concerned everyone<br />

is to the poss~ility of closure.<br />

We've been riding there for about five years now and we have never<br />

wimessed any disrespectful behavior. We've met all ages ofpeople, from<br />

families with young children, to teenagers, to the older generation like<br />

ourselves. Everyone waves, stops to let another pass by or stops to visit.<br />

It' s like one big family and it's very heartening to witness such fellowship.<br />

Thank you for allowing us the opportunity to share our concerns and<br />

wishes with you. Please do all that you can~ to en~mre Headworks OHV<br />

Park remains open for the recreational ATV riders, the campers, the<br />

fishermen and the public in general.<br />

This park is a tremendous asset to the Eastern Nebraska and it would<br />

be a shame if no one was allowed to enjoy it.<br />

Respectfully yours,<br />

, , q<br />

Yealand Widga<br />

Susan Petersc~<br />

) '


~0090220-0058 FERC PDF (Unofficial) 02/17/2009<br />

Kimberly D. Bose, Secretary<br />

Federal Energy Regulatory Commission<br />

888 Fist Street, N.E., Room IA<br />

Washington, D.C. 20426<br />

RE: <strong>Loup</strong> River Project No. 1256-029<br />

Dear Madame Secretary:<br />

January 27, 2009<br />

Tim Hinlde<br />

1305 Plum Ridge Rd.<br />

Lincoln, NE 68527<br />

c~ "-.'., k~c""<br />

I am writing to express my views and opinions regarding the Headwaters OHV Park near<br />

Genoa, Nebraska. This park is located on land owned by the <strong>Loup</strong> River Hydroelectric Project<br />

licensed by your organization. My wife and I together with family and friends have enjoyed<br />

riding our ATVs at the park and desire it to remain open for use by offhighway vehicles in the<br />

future. ..<br />

There are very few locatiohs in Nebraska where the public is permitted to ride OH'Vs and<br />

the Genoa park is the closest to Nebraska's ~ major cities, Lincoln and Omaha. Genoa is by<br />

far the nearest even th6ugh it is 1 ½ and to 2 hours from our home in Lincoln. The next closest<br />

location in Nebraska is more than 4 hours away. The Genoa location is near enough that we can<br />

take our grandchildren for a day of fun in the outdoors without having to spend the majority of a<br />

day traveling to and from a riding area. Allowing our grandchildren to.enjoy riding in this area is<br />

one way to get them away from their computer games and enjoy the great outdoors.<br />

My wife and I are in our 60s and love to spend time in the outdoors. Our ATVs allow us<br />

to enjoy the outdoors and feel that we are very environmentally conscious. We are members of<br />

the Nature Conservancy and the National Wildlife Association. We believe that by providing a<br />

few locations like the Headwaters OHV Park allows people who enjoy riding and wildlife a place<br />

to do both. The park is a relatively small area but provides a significant number of people a legal<br />

place to get outdoors and enjoy their OHVs.<br />

Like any other activity there are those who abuse the privilege of their access to this area.<br />

However, the vast majority of riders in this area are responsible users. We are also members of<br />

the Nebraska Off Highway Vehicle Association (NOHVA). This is a wonderfifl organization<br />

which assists in maintaining and improving the Genoa area as well as riding areas in the Halsey<br />

National Forest. Not only to they perform maintenance at these areas they have also donated<br />

monies to local rescue services which benefit not only users of the area but the general public in<br />

the vicinity. Additionally, they hire offduty law enforcement to assist in supervising the Genoa<br />

area. They are very responsible individuals who realize that if riders want access to public areas<br />

to ride they must show that they can use the area without causing undo harm to the environment<br />

=2 :~


~0090220-0058 FERC PDF (Unofficial) 02/17/2009<br />

and wildlife.<br />

The one concern I have about the use of this area is that there are no restrictions regarding<br />

the kinds of ATVs and motorcycles allowed. I think consideration should be given to requiring<br />

at minimum mufflers and spark an-esters. I have had the unpleasant experience of having to put<br />

up with vehicles that have straight exhaust, which on these types of vehicles creates ear<br />

shattering noise. Simply requiring mufflers on all vehicles would greatly reduce this excessive<br />

noise.<br />

Thank you for your time and consideration in reading this letter. I hope that you will<br />

agree that keeping this area open for recreational use is a good idea and merits serious<br />

cortsidcration.


~0090211-0064 FERC PDF (Unofficial) 02/09/2009<br />

To whom it may concern, : '.,<br />

: ' . " .' .. • Lou p River Project No . 1256-O29<br />

January 28, 2009<br />

It has been brought to my attention that there people meeting to decide on the renewal license<br />

of the <strong>Loup</strong> River Project. This park is where my family goes to ride our ATV's. It would be a real shame<br />

to see this park be closed for AI~/ridin R.<br />

This is the only place in eastern Nebraska that is close enough for my family to be able to ride.<br />

WIth the price of gas now days there are not a whole lot of places where a person can go and not have<br />

to spend a lot of money to have a 8ood time with family. This is the perfect place for all of us to go ride<br />

our A'l~/'s. I have children of all ages in the family and there is somethin 8 for everyone to do. We can<br />

ride trails with the Rids or if the boys want to ramp on the sand hills they can do that• My husband and I<br />

can ride alon 8 the river and enjoy the scenery and peacefulness that comes with it. We have been<br />

members of NOHVA for as long as we have been ridin 8 Al~/'s.<br />

The NOHVA is a great association to be a member of and the things they do at the park are<br />

entertainin 8 for our family. The Jamboree is the most excitin R with all the events they have going on and<br />

the people who run the event are very careful to check in on all the campers and make sure everythinR<br />

is okay. They were there to distribute trash bags to everyone, checking to make sure everyone had a<br />

wrist band before they entered the park, and patrollin 8 the grounds to make sure everyone was drivin R<br />

at a slow pace.<br />

The park is kept up very well with clean port-a-potties and nice campgrounds. There is plenty of<br />

room for everyone when the Jamboree is going on. The only thing that I miRht like to see more of is<br />

electrical hook ups for more campers to camp. I am sure people would be willin 8 to pay extra for It.<br />

Our family went down to the fall Jamboree in 2008. This was the most relaxing fun time that we<br />

all had the whole year. We could just sit around the campfire and listen to the Nebraska football game<br />

or we could hop on the 4 wheeler when the Rame Rot to stressful and Ro for a ride• If this area was to be<br />

closed it would be missed by everyone. The park is located in an ideal location for nature lover's,<br />

peacefulness and quietness surround it alon R with the blue color of the <strong>Loup</strong> River. You really can't ask<br />

for anythin 8 more living in Nebraska.<br />

Thank you for allowing me the chance to express my thoughts and opinions on keeping the area<br />

open. I hope that when the time comes for the renewal of the license at the park that it will be allowed<br />

to remain open for AI~/riders. I also would like it to be run in the efficient manner that it is now.<br />

The Ladehof~<br />

Randi, Vicki, Colby,<br />

Jamie, Kyle & Nicole


~0090223-0045 FERC PDF (Unofficial) 02/19/2009<br />

January 29, 2009<br />

LOUP RIVER HYDRO-ELECTRIC PROJECT<br />

FERC No. 1256-029<br />

Re: re-licensing of <strong>Loup</strong> River Hydro-Electric Project<br />

To whom it may concom:<br />

, , t '<br />

.... ...... ..,,v .. Or - fEE<br />

:+ ! • ?~',ON<br />

Zt]OCl FEB 19 P L~: 2b<br />

FE~;~? % E ,. ', E ;'; ,3 Y<br />

C.,E~UL;-'TSR~, ' C(;~.IHISSTC::<br />

I am writing this letter to let you know how beneficial the <strong>Loup</strong> River<br />

Hydro-Electric Project is to the four county area that it serves and to the State of<br />

Nebraska.<br />

I have lived by the <strong>Loup</strong> River canal for 45 years. I have enjoyed fishing in<br />

the canal, swimming and boating in Lake North and riding four wheelers at the<br />

Genoa headworks. The <strong>Loup</strong> River Hydro-Electric Project also serves the<br />

farming community very well by providing water for irrigation. Irrigation is very<br />

important to the farmers that live by the <strong>Loup</strong> River canal.<br />

That is why I am very concomed about a statement made by the U.S. Fish<br />

and Wildlife Service representative. The representative stated, "We know that<br />

the farmers in the area have water rights with the State of Nebraska to use<br />

water out of the power canal, but that does not mean you have to allow them<br />

access on the <strong>Loup</strong> River property." If you deny the farmer's access, they will<br />

not be able to install their irrigation equipment. In tum, that means all the water<br />

they are permitted to use for irrigation can stay in the canal and eventually flow<br />

back into the Platte River. I think the farming community would be very upset with<br />

the personnel at <strong>Loup</strong> River Public <strong>Power</strong> Disbict if that was allowed to happen.<br />

At the present time the relationship between <strong>Loup</strong> <strong>Power</strong> <strong>District</strong> end the<br />

whole community is very good. That is why I hated to hear that comment made<br />

by someone from the U.S. Fish and Wildlife Service.<br />

The U.S. Fish and Wildlife Service should understand that there is limited<br />

public hunting areas in the State of Nebraska. If the farmers cannot get irrigation<br />

water for their crops, the farmers will stop allowing the public to hunt on their<br />

property.<br />

In closing, I feel it would be very beneficial if <strong>Loup</strong> Public <strong>Power</strong> <strong>District</strong><br />

was granted a new license to keep running their facilities as they are at the<br />

present time. You have to remember there is no greener power than hydro-<br />

electric power.<br />

S i n c a m ~<br />

Ji~m Sha'nle


~0090224-0027 FERC PDF (Unofficial) 02/19/2009<br />

January 30, 2009<br />

Relicemlng of <strong>Loup</strong> River Hydm-Ele~c Project<br />

<strong>Loup</strong> River Hydro-Electdc Project<br />

FERC No 1256-029<br />

To whom it may con¢em:<br />

;...., ~ ...... ,~ C:, ~,,c<br />

"C s<br />

2, -;c ,c.A3h<br />

I arn writing this to let you know how importard the Lo~ River Hy~o-<br />

Eiecb'ic Project is to the area and to the State of Nebrask&<br />

I grow up i. Platte County by the <strong>Loup</strong> River canoL I have lived neer it for<br />

50 yearn The <strong>Loup</strong> RNer Hyclro-Electric Project also sefvos the community with<br />

inexpensive electric power. <strong>Loup</strong> Public <strong>Power</strong> DiMdct also supplies water for<br />

irrigation. I n ~ is ext~ impodant to the farmem that live by the <strong>Loup</strong><br />

River canal. I hnk it is imperative that the LPPD gets their I m renewed<br />

without any changes in the way they operate their faciliS~. I also think the<br />

farmers who irdgate should be able to keep irrigating their fan~land from the<br />

<strong>Loup</strong> c~"ml. WRho~ lhe use of Ihe conal, my community m'KI surrounding<br />

counties will not be able to irdgate their farmland and this would be devastating.<br />

I ask that you grant <strong>Loup</strong> <strong>Power</strong> <strong>District</strong> a new license without any changes.<br />

Bill Shanle


~0090224-0028 FERC PDF (Unofficial) 02/19/2009<br />

.+<br />

• i + - . . . .<br />

" :-J'~ .* " + T~'~ \¢ + • _ ~ _ _ .+~<br />

FE.#~c,,, ,L Ci,._~',G, J-,


~0090227-0171 FERC PDF (Unofficial) 02/23/2009<br />

*. , .x<br />

. ~.-.<br />

i<br />

JASON BIORN<br />

1-31-09<br />

I AM WRITING THIS LETTER IN REGARDS TO ' LOUP RIVER PROJECT #<br />

1256-029 "THAT IS BEING PROPOSED TO EFFECT HEADWORKS PARK IN<br />

GENOA, NE. THIS IS A PLACE WHERE FRIENDS AND I RIDE ATV'S AND<br />

DIRT BIKES OFTEN, WE AS A GROUP OF RIDERS ENJOY CAMPING AND<br />

RIDING A'I'V~S AT THIS FACILITY. I DONT BELIVE THAT ATV'S ARE<br />

HURTING THE AREA AND I BELIVE THAT IT IS A FUN FAMILY ACTIVITY<br />

THAT SOMEONE MIGHT BE TRING TO TAKE AWAY. I ENJOY THE<br />

OUTDOORS AND WHAT THE AREA HAS TO OFFER, THERE REALLY IS<br />

NOT A PLACE LIKE GENOA WITHIN 250 MILESOR SO FROM THE AREA<br />

WE LIVE SO THIS PLACE IS IMPORTANT TO ME AND ALSO ALL THE<br />

LOCAL A'I'V RIDERS. THIS AREA HAS A COUPLE OF BIG EVENTS THAT<br />

BRING ALOT OF PEOPLE TO THE TOWN AND RIDING AREA A COUPLE<br />

TIMES A YEAR( THE JAMBOREE).LIKE ANY WILDLIFE AREA THERE<br />

ALWAYS IS THE PROBLEM OF PEOPLE AND FAMILIES HAVING FUN AND A<br />

GOOD TIMES TO CLOSE OR WITHIN AN AREA WHERE ENDANGERED<br />

SPECIES LIVE,I DO NOT BELIVE THAT THE ATV AND OR PEOPLE USING<br />

THE HEADWORKS AREA ARE DOING ANY HARM TO THE AREA,REALLY<br />

PEOPLE TRY TO TAKE CARE OF THIS AREA PRETTY GOOD. SO IN THE<br />

END I REALLY WOULD APPRECIATE THE TIME YOU TAKE TO READ THIS<br />

LETTER AND THAT YOU CONSIDER MY REQUEST TO KEEP THE AREA<br />

OPEN TO CAMPING AND RIDING A'I'V'S AT THE HEADWORKS PARK IN<br />

GENOA, NE.<br />

SINCERLY YOURS:<br />

JASON<br />

O<br />

Q_<br />

M<br />

i<br />

~J


600~/61/~0 (TETDT~OUN) ~Qd 0~ 8~00-~0600~<br />

l


20090202-5001 FERC PDF (Unofficial) 2/1/2009 1:22:21 PM<br />

I would like to thank all of you for allowing my family & myself to enjoy the headwater park.<br />

It's a beautiful, safe place for all of us to enjoy quality time together.<br />

We have enjoyed many rides & camping outings with family & friends.<br />

We've spent many weekends @ the park & wait until we are in the area to stock our coolers, & refill our<br />

tanks. We always seem to forget things & are helping to support the local community when we head back<br />

in to town to fill our needs while we're at the park.<br />

I hope you will renew the license to allow us to continue to use the park for camping & atv usage.<br />

Thanks again for allowing us such a beautiful area to enjoy or recreation & weekends in the past & your<br />

time for reconsidering to allow us to use it in the future.<br />

Sincerley,<br />

Kevin A. Kersten<br />

Fremont, Ne.


20090202-5001 FERC PDF (Unofficial) 2/1/2009 1:22:21 PM<br />

Document Content(s)<br />

2140.TXT..............................................................1-1


~0090227-0164 FERC PDF (Unofficial) 02/23/2009<br />

2/01/2009<br />

K~bedy O. Bo~ ~<br />

Feder~ Ene~ Reg~y C~nn~s~on<br />

888 First SUeet, N.E., Room IA<br />

Lo~p PJver l~roje:t No. 1256-029<br />

I/ I V,,,<br />

J<br />

+%:.1<br />

2~Dl FF'j 2:) 1.3 k: O'l<br />

I am w.ung t~ le~er m regards to the di~t bilge and ATV t:alls riding area near Genoa<br />

Nebraska. We would like t~ ask you ~ i~ease keep ttzls open as our family gaes b%ere a lot to<br />

ride. My husband and I have three dlildren and t~ds Is a farnlly Ume where we camp and ride,<br />

but rnalflly ride. Eye,one In our rarely really enjoys It because It Is the ma~ t~te we ~<br />

t~jether as a family and ag havea ~of fun and a rela~ng t~me.<br />

~ere are not ~ many p~es In Nebraska ~o r~e and w~out Headwo~s we wouU<br />

have t~ go a long ways to go ride(like o~er states). As It Is now we drive two hours m get there<br />

and usury s~y for three ~o four days. This Is also Ule only Ume we rea~/get to see sorr~ of our<br />

htends t~at rkle as well, as it is a half way i~nt ~ us ~ me~ and ricl~ We have made ~<br />

friends out at ~ OHV park because they erdoy tJle same t~lr~ as we ck~<br />

Our ~amlly and friends also e~oy the Ot'ganlzed ~'~ IIl~e t~ Jan~bomes t:here are a lot<br />

o~ fun ~ ~ adu~s arm chndren m have a fun Urne. These events bdr~ in a Ira: m' revenue<br />

for ttte ~ l n g eommunltles, because when people come ~- t~0se everm It ts hard ~ I~i~<br />

enou~ gas arm enou~ ~od ~r the mmn~ Ume we an~ U~n~. ~ ,'or. ~'rv~ ~ ~ ~<br />

go get pa~. so we and a kX or oee~ ma~e ~ps m Ue surroun~g ~owns rot gas, ~ood, ~<br />

whatever else we need ~ may have ~rgotten to bring.<br />

In short ff you da~e Headworks v~ w~ld tx'uly suffer as we wo~ld hardly ever get ~ ~,<br />

o~r fa~ly Ume wo~d beo0me non exlslmX as t~Is Is what o~r fatally and many frlends enjoy<br />

doing all summer long,<br />

Thank you for your t~)e to look at thls lel~r and mad It, my fatally and fr~nds really<br />

appmea~ It and ix)pc that you v~ll true/consider keeping Headworks OHV park open,<br />

Sinu.'ely.<br />

• 00 vt r'~<br />

D ah ney<br />

Daphney, & Hannah<br />

Nichols


Nebraska Off Highway Vehicle Association NOHVA<br />

TBQ Sport Club, Incorporated<br />

A Non-Profit Association For All Terrain Vehicle and Off Road Motorcycle Users - Established 1987<br />

Business Office: 2231 West 10 th Street, Grand Island, Nebraska 68803<br />

Web site: www.nohva.com Telephone: 308-381-2143 Email: danno@nohva.com<br />

February 2, 2009<br />

Kimberly D. Bose, Secretary<br />

Federal Energy Regulatory Commission<br />

888 First Street, N.E., Room 1A<br />

Washington, D.C. 20426<br />

RE: <strong>Loup</strong> River Project No. 1256-029<br />

Dear Secretary Bose,<br />

I am writing you today on behalf of the approximately 3,200 members of the Nebraska Off Highway Vehicle<br />

Association (NOHVA). Since 1990, our organization has been active with one of the recreation areas involving the<br />

<strong>Loup</strong> River Project. The area that our organization is associated with is the All Terrain Vehicle (ATV) and off-road<br />

motorcycle (dirtbike) park located at the Headworks area approximately three miles west of Genoa Nebraska.<br />

Concerning <strong>Loup</strong> River Project No. 1256-029, the interests of our organization is limited to the land contained within<br />

the boundaries of the Off Highway Vehicle (OHV) area owned by the <strong>Loup</strong> <strong>Power</strong> <strong>District</strong>, known as the Headworks<br />

OHV Park. As far as enthusiasts using ATVs and dirtbikes outside the boundaries of the Headworks OHV area, being<br />

an organization that promotes responsible use of ATVs and dirtbikes, we encourage riders to always ask permission<br />

from a land owner prior to accessing their land.<br />

The area has a long history of public access dating back to the 1930’s. Public interest in the area became more<br />

prominent during the early 1980’s with the advent of the all terrain vehicle. Over the years the Headworks OHV Park<br />

area or commonly referred to many people simply as “Genoa”, has become a popular recreational designation for<br />

thousands of young adults and families.<br />

As I mentioned earlier in this letter, our organization has been involved in the <strong>Loup</strong> River Project at the Headworks<br />

since 1990. During this time, we are proud of our involvement by helping provide funding for the area via volunteer<br />

membership fees and donations contributed by our members. Additionally, we organize volunteers who use the area<br />

to provide 1,000’s of man hours a year to help keep the riding area clean and safe. Volunteers help educate the<br />

public who use the area concerning the importance of riding responsibly and following the riding rules.<br />

One of our prime concerns involves insuring that the area remains open through the warm parts of year as much as<br />

possible. We call the time from April into November as the “prime riding season”. The Headworks OHV Park is the<br />

only public area open for recreational ATV and dirtbike riding in the eastern one-third of Nebraska.<br />

Today, the Headworks OHV Park temporarily closes for three to four months each year to accommodate two settling<br />

basin dredging periods. In 1991 the riding area remained open year round, including the time that the dredge was<br />

operating in the spring and early fall. In 1992, <strong>Loup</strong> <strong>Power</strong> and our organization decided to close the ATV and dirtbike<br />

riding area from March 15 to about May 15 and from August 15 until about October 1 while dredging operations took<br />

place on the south side of the settling basin. This decision occurred because of concerns involving riders being able to<br />

safely forge the dredge run off on the south side of the dredging basin. The dredge run off created a swift current<br />

that many ATV and dirtbike riders did not easily negotiate. Additionally the run off created pockets of soft sand and<br />

silt where ATVs and dirtbikes became stuck, thus causing riders to become uncomfortably close to dredge equipment<br />

to avoid the run off. While we did not relish the idea that the area would be closed during three or four months of<br />

prime riding season, we thought that it would be a good idea to proceed with the temporary closure to ensure the<br />

smooth and safe operation of the area.<br />

Considering that the area is now temporarily closed three or four months a year, our organization is extremely<br />

concerned that as part of the re-licensing agreement, the time that the riding area is closed during the prime riding<br />

season may be extended to include the summer period between the current temporary closures. We are opposed to a<br />

new closure period during the summer months.


NOHVA Comment to FERC for <strong>Loup</strong> <strong>Power</strong> Project<br />

In the past, state and federal wildlife agencies have publically stated that the ATV and dirtbike riding area should be<br />

closed during the summer to protect nesting least tern, piping plover and pallid sturgeon. Considering the results of<br />

previous nesting site studies involving least tern and piping plover, we believe that continuing the tradition of leaving<br />

the sand area owned by <strong>Loup</strong> <strong>Power</strong> on the south side open during the months of June, July and part of August to<br />

recreational ATV and dirtbike use would have little if any impact to these species. Furthermore, people need to have<br />

a developed area to recreate. Allowing the Headworks OHV Park area to remain open during the summer months<br />

would provide an location that is controlled with boundaries for ATV and dirtbike enthusiasts to enjoy.<br />

Nebraska offers only three developed public areas for ATVs and dirtbikes. These areas include the Headworks OHV<br />

Park near Genoa, a trail system in west central Nebraska at the Nebraska National Forest Bessey Ranger <strong>District</strong> near<br />

Halsey and a developing 500 acre OHV park in south central Nebraska at the Army Corps of Engineers Harlan County<br />

Reservoir complex near Republican City. Several less developed areas exist for ATV and dirtbike riders at the<br />

McKelvie National Forest near Valentine and the Nebraska National Forest Pine Ridge Ranger <strong>District</strong> near Chadron.<br />

The U.S. Forest Service is in the process of finalizing plans for travel management at the Bessey, Pine Ridge and<br />

McKelvie units. Our organization is concerned that existing recreational access for ATVs and dirtbikes will be<br />

dramatically reduced on U. S. Forest Service managed lands once the travel plan is implemented. There are no<br />

future plans for additional public recreational ATV and dirtbike areas or trails in Nebraska. With these factors in<br />

mind, the need for recreational ATV and dirtbike areas in our state is even more important.<br />

Riding ATVs and dirtbikes at the Headworks OHV Park is a popular family based recreational activity. We estimate<br />

that approximately 1,000 ATV and dirtbike riders enjoy the area during any given week from Memorial Day weekend<br />

into mid August, and during the month of October. We base this number on a survey that we conducted in 2003.<br />

The survey was distributed to 1,270 members of our organization, and the total number of responses returned was<br />

312.<br />

The results of our survey indicated that 78.6% of the people who visited the Headworks OHV Park rode ATVs and<br />

16.3% rode dirtbikes. Groups of people who visited the area drove an average of 137.9 miles round trip per group<br />

and spent an average of $68.05 per trip in Genoa involving an average group size of 3.5 people per trip. Members of<br />

our organization visited the Headworks OHV Park an average of 11.3 days a year<br />

When the survey was completed in 2003, the main parking area was nearly full. In 2005, the size of the parking area<br />

was cleared of brush and approximately doubled in size. Today, on any given weekend during the prime riding<br />

season, the parking area is again nearly full. Headworks is open a average of 253 days a year, or 36 weeks.<br />

In 2004, we calculated the average visits as:<br />

2003 estimated attendance on an average Saturday is 200 riders a day, 7,200 riders a year.<br />

2003 estimated attendance on an average Sunday is 300 riders a day, 10,800 riders a year.<br />

2003 estimated attendance on an average weekday is 20 riders a day, 3,620 riders a year.<br />

2003 estimated total for year is 21,620 riders.<br />

For 2008, using the concept that the main parking area has doubled in size since 2003 and that the existing area is at<br />

least 75% full, we have conservatively increased the above rider day numbers by a factor of 50% to reflect increased<br />

participation:<br />

2008 estimated attendance on an average Saturday is 300 riders a day, 10,800 riders a year.<br />

2008 estimated attendance on an average Sunday is 450 riders a day, 16,200 riders a year.<br />

2008 estimated attendance on an average weekday is 30 riders a day, 5,430 riders a year.<br />

2008 estimated total for year is 32,430 riders.<br />

Because of the Headworks OHV Park, visitors to the area have a positive economic impact to the local area which has<br />

historically been economically depressed. According to Davis Moore, Nance County Sheriff, events held by our<br />

organization at the Headworks OHV Park attract more people to the county than the county fair does.<br />

Often times a recreational ATV and dirtbike area is perceived as a high risk operation. However, the Headworks OHV<br />

Park area typically sees very few calls a year for assistance from the local emergency services. Vandalism seldom if<br />

ever occurs. ATV and dirtbike riders often self police other riders. Contrary to what occurs at other un-supervised<br />

public ATV and dirtbike areas in other parts of the nation, ATV and dirtbike rider conduct reflect Nebraska’s history of<br />

personal self reliance and responsible conduct in public. On an almost weekly basis, volunteers police the parking<br />

and riding area for trash. In order to keep the area sanitary, NOHVA rents portable toilets that are serviced weekly<br />

and provides trash receptacles for the area.<br />

Page 2 of 3


NOHVA Comment to FERC for <strong>Loup</strong> <strong>Power</strong> Project<br />

In closing, we are asking that the Federal Energy Regulatory Commission consider granting a license that leaves the<br />

current operating arrangement of the ATV and dirtbike area at Headworks OHV Park unchanged. The ATV and<br />

dirtbike park is a truly special place for many of us and our families. Considering the amount of access that<br />

recreational ATV and dirtbike riders now have in Nebraska, and the benefit we offer for the local community, any<br />

changes that would decrease the amount of time we now have to the area would have a very negative impact for<br />

many who live in Nebraska.<br />

Please do not hesitate to contact us if we can help provide further information or assistance.<br />

Sincerely,<br />

Dan Nitzel, Business Manager and Co-founder<br />

Nebraska Off Highway Vehicle Association<br />

Page 3 of 3


20090202-5073 FERC PDF (Unofficial) 2/2/2009 12:26:19 PM<br />

Headworks OHV park is a really great place to ride, spend time with good friends, and just enjoy the<br />

outdoors. It would be a such a shame to loose all that space to ride. I realize there are probably a small<br />

percentage of people making a stink about how ATVs do this and do that to the environment. It seems<br />

like almost every hobby has someone out there that's against it, but that doesn't mean the place should<br />

just shut down. With today's clean burning 4 stroke ATVs and Dirtbikes I can't see how we could be<br />

hurting the place. No more than any farmer hurts their land. I see way worse things in the city. Both times<br />

I was there I was impressed with how well litter was kept picked up.<br />

With so few areas available in the Council Bluffs/Omaha area to ride I could see loosing Headworks Park<br />

causing a lot of shops to loose much needed business. I live in Council Bluffs, so I can say without<br />

Headworks Park and the ATV Jamborees I probably wouldn't come to Nebraska to ride my ATV and<br />

spend money. The way so many small towns are receding in size I think it'd be a shame to hurt the<br />

economy of Genoa and other surrounding towns by closing the park. Our group alone probably spent<br />

over $1000 at each Jamboree just covering our gas, food, and snacks.<br />

I'd like to thank you for the opportunity to ride in the past and ask you to please keep the park open.<br />

Thanks,<br />

Seth


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20090202-5080 FERC PDF (Unofficial) 2/2/2009 2:32:24 PM<br />

I think the Headgates park near Genoa needs to stay open!! It is a great place to ride to keep people<br />

from riding where they aint suppose to and keep them outta trouble. Further more, as far as the belives<br />

of the activist about it scaring away wild life, every road in the world now goes through some part where<br />

there use to be wild life, and they dont bitch about having good roads, highways and interstates to drive<br />

on. So, keeping it open is a vital part of our riding community and needs to remain open!!!


20090202-5080 FERC PDF (Unofficial) 2/2/2009 2:32:24 PM<br />

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20090203-5000 FERC PDF (Unofficial) 2/2/2009 7:49:07 PM<br />

<strong>Loup</strong> River Project Docket No. 1256-029 2/2/2009<br />

Just a note related to the re-licensing with direct reference to the headworkâs portion of the system and<br />

related river-frontage. I am 50 years old, married - 2 children; daughter 18 and son - 20 all with atvâs.<br />

We travel to headworkâs, which is a 1 hr drive an average of 1 to three times a month - year round. My<br />

sister and family come from Denver to ride over the 4th of July each year, which ends up being 14 to 15<br />

family members. Headworkâs always makes for a great family outing for us, getting some of the best<br />

one day trips we have as a family. It fulfills everyoneâs desires; open sand and river frontage for; my<br />

son who likes to be around numerous persons doing basic straight line sand racing to my daughter who<br />

prefers dune and trail riding, to my wife and I who like a mixture of both.<br />

Coming from a combination farm / city background, I feel I am a conservationist with a<br />

realistic attitude. One that enjoys utilizing the outdoors without damaging it. We have never condoned the<br />

killing, injuring or in any way harming living things or disruption of their habitat. In all of my hours spent<br />

there I have not seen any sand / beach nesting species of bird in the area. Normally we see deer and<br />

turkeys. I feel that Headworks and itâs approximate 2.5 X 5 mile area is managed quite well by LPPD<br />

-(<strong>Loup</strong> Public <strong>Power</strong> <strong>District</strong>) as well as self managed and maintained by those of us that ride there. Take<br />

for instance on NOHVA - (Nebraska Off Highway Vehicle Assoc) cleanup days as well as other times, we<br />

commonly pick up non - natural occurring debris that is in the area. The most numerous things to pick up<br />

are water bottles with very few aluminum cans with a variety of stuff appearing to have come from<br />

upstream.<br />

Another way to look at the impact to wild life is that if this area was not available it would<br />

probably lead to persons to riding numerous other river areas. There is a good chance they would ride<br />

more miles of river, potentially impacting a far greater quantity of wildlife not to mention adjoining property<br />

owners. In addition you would not have the coordinated efforts of LPPD or NOHVA - (Nebraska Off<br />

Highway Vehicle Assoc.) to oversee and maintain the areas. This management of Headworks includes;<br />

limitations of vehicle size, garbage dumpsters and restroom facilities.<br />

It appears to me the keeping Headworkâs the way it is, if not even greater promotion<br />

linked with an equal effort to improve the area would do nothing but be an overall benefit the region<br />

including wildlife. It adds to the economics across the state when you consider the area draws persons for<br />

hundreds of miles and that these families / riders spend some serious consumer dollars both local, state<br />

and surrounding states. With atvâs costing in the range of $3,000 to $8,000 with thousands more<br />

spent on maintenance and upgrades, fuel to get to the areas, related trailers and tow vehicles, campers,<br />

motels and other various supplies.<br />

Sincerely, Randy Leiser & family - Grand Island NE.


20090203-5000 FERC PDF (Unofficial) 2/2/2009 7:49:07 PM<br />

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20090204-5000 FERC PDF (Unofficial) 2/3/2009 7:48:55 PM<br />

To whom it may concern,<br />

I am writing today on Docket P-1256-029 to ensure the future use of the "<strong>Loup</strong> River Hydroelectric<br />

Project" for future OHV use. The area around the "Project" in Genoa, NE is currently being utilized for<br />

OHV use.<br />

This is an area that is extremely important for off-road motorcycle and ATV riders in Nebraska. It is one<br />

of the few area's in the state available for such activities. If this OHV park would close, it would bring<br />

great financial harm to many businesses that base their sales off of this area.<br />

Some of those businesses include tourism in Nebraska and the Genoa area. Also many Motorcycle<br />

dealers rely on having an outlet for their products to be used. Not everyone that buys and ATV or<br />

off-road motorcycle owns ground to ride on.<br />

The Genoa OHV area is the only riding area in the Eastern half of Nebraska. I personally travel nearly<br />

100 miles each way to ride at the area. I personally have a great interest in keeping the riding area open.<br />

I have several off-road ATV's and motorcycles. The Genoa riding area is one of the few places that I can<br />

ride. Off-roading is my main hobby, and a terrific family sport. My wife and two kids also ride off-road.<br />

I know that in the past there has been some discussion of closing the area during the mating season for<br />

the Piping Plover. I believe that riding within the confines of the designated area has no impact on the<br />

birds.<br />

Currently the area is operated by FERC. This license is set to expire in 2014. Currently the terms for the<br />

new application process is taking place. I would like to ensure that the area remains open for OHV use.<br />

If you would like to discuss further, please contact me by email at or by phone at<br />

.<br />

Thank you,<br />

Alan Feller<br />

Wisner, NE


20090204-5000 FERC PDF (Unofficial) 2/3/2009 7:48:55 PM<br />

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~0090304-0023 FERC PDF (Unofficial) 03/02/2009<br />

February 3 'e, 2009<br />

C.A.R.T.<br />

Columbus Area Recreational Trails<br />

Kimberly D. Bose, Secretazy<br />

Federal Energy Regulatory Commission<br />

888 First Street, N.E., Room 1A<br />

Washington, DC 20426<br />

Re: <strong>Loup</strong> River Project P-1256-029<br />

De~ Ms. Bo~<br />

ORIGINAL<br />

L<br />

- . g%~<br />

PO<br />

i<br />

t~. r.,<br />

I am writing on behalf of and as President of Columbus Area Recreational Trails (C.A.KT.). We<br />

are a ram-profit Columbus, Nebraska group founded in 1997 for the purpose of helping to promote<br />

and develop recreational trails in and around Columbus.<br />

The successful development of trails in our area has gone beyond our initial expectations, and that<br />

is due in large pert to <strong>Loup</strong> River Public <strong>Power</strong> <strong>District</strong>l<br />

With <strong>Loup</strong>'s help and cooperation, we were able to oons~ct the first trail, the Two Lakes Trail on<br />

their property. This was just the impetus we needed to help fill a recreational void, a void that<br />

became evea more obvious by the amount of usage the trail received and continues to receivel<br />

In addition, <strong>Loup</strong> has also helped immensely in the construction of the Bob Lake Trail and the<br />

Robert White Trail, both situated on their propenyt<br />

All three of these trails are in a beautiful setting and offer a wonderful outdoor experience and<br />

exercise benefits for the merst<br />

The success of the initial trail on <strong>Loup</strong> property helped us with gaining the necessary rapport to<br />

complete a much used in-town trail known as the W'dderness Park Trail. And subsequent to that,<br />

we have received the funding for a new trail, the Monastery Trail, to be con,~'u~ed this year, that<br />

will connect the in-town trail to those on <strong>Loup</strong> lm3perty, resulting in several miles ofcontinuow<br />

trails for the public's en~ymentl


~0090304-0023 FERC PDF (Unofficial) 03/02/2009<br />

I can't stress evough how important we think <strong>Loup</strong> <strong>Power</strong> <strong>District</strong> is to the recreational needs of<br />

Columbus and the surrounding areal It is also a benefit to the area to have these recreational<br />

oppommities available as a destination for touristsl<br />

On a personal note, but still in the realm of recreation. I have been a Columbus resident for 45<br />

years and could fill many more pages with details on how much I and my family have, over the<br />

years, enjoyed the other recreational activities provided by <strong>Loup</strong>, like fishing and the parksl Plus,<br />

there are numerous other activities available to the public like campins, boating and morel<br />

I would be very happy to tny to answ~ any questions you might have regarding trails in the<br />

Columbus areal<br />

Thank youl<br />

Sincc~ly,<br />

Mary Peterson<br />

President


~0090304-0018 FERC PDF (Unofficial) 03/02/2009<br />

VlSHAY<br />

February4~,2008<br />

Kimberly D. Bose, Secretary<br />

Federal Energy Regulatory Commission<br />

888 First Street, N.E., Room IA<br />

Washington, DC 20426<br />

Board of Federal Energy Regulatory Commission,<br />

ORIF)k) ,)<br />

• 2Y<br />

I00'I II. -2 R P 3:30<br />

I am writing this letter in support of the <strong>Loup</strong> <strong>Power</strong> <strong>District</strong>'s <strong>Loup</strong> River Hydroelectric Project<br />

relicenslng.<br />

I am a Sr. liP, Manager working in a local Manufacturing company and also the Secretary for<br />

the Columbus Area Recreational Trails group (C.A.R.T.).<br />

<strong>Loup</strong> <strong>Power</strong> DisU-ict and specifically their Canal system for Hydroelectric power provide the<br />

community with valuable green space for recreation. They have been a constant support of<br />

recreational trail projects in the community, many of which are built nearby or on <strong>Loup</strong> <strong>Power</strong><br />

district land. The recreational areas that <strong>Loup</strong> conl]'ibutes provide our employees and the<br />

community as a whole with valuable wellness and recreational opportunities.<br />

Columbus's motto is "The City of <strong>Power</strong> and Progress" and <strong>Loup</strong>'s clean Hydroelectric energy<br />

has long played a key role in the foundation of our community.<br />

We thank the Federal Energy Regulatory Commission in advance for their support of the <strong>Loup</strong><br />

<strong>Power</strong> <strong>District</strong> recertification.<br />

Hy,<br />

Human Resources Manager<br />

Vbhr/Dale<br />

p.O.B(~609, C~N~aK NF.,(I~-~09,U.SX Ph~e(4O2) N4-3131 F~({4~M~I-6~04 u~,.vW~ey.com<br />

MANUFAC'n.)RER OF THE WORLD'S BROADEST LtNE OF Dt$CRETE SEMtCONOUCTOR$ AND PA$$t~flE COMPONENTS<br />

"I


?0090304-0019 FERC PDF (Unofficial) 03/02/2009<br />

February 4, 2009<br />

Kimbcrly D. Bose, Secretary<br />

Federal Energy Regulatory Commission<br />

888 First Street, N.E., Room 1A<br />

Washington, DC 20426<br />

Re: <strong>Loup</strong> River Project P-1256-029<br />

Dear Ms. Bose,<br />

tl i<br />

'I<br />

ORIGINAL<br />

I am the former President of CART and residing Board Member. I was<br />

President of the trails group when the first trail was put in place in 1999. We<br />

had very good cooperation from the staff of <strong>Loup</strong> Public <strong>Power</strong> all the way<br />

from the CEO, Robert White, Dwayne Smith Business Promotion, Owcn<br />

Lloyd head engineer and Jim Frcar assistant engineer. Their enthusiasm and<br />

dedication to the completion of the Two Lakes Trail made the process so<br />

much more enjoyable and successful.<br />

Since the original 2.5 mile concrete trail there has been two crushed rock<br />

trail additions, one flamed the Bob Lake trail aRcr a good friend of mine and<br />

the Robert White ~'ail after the i'&ired CEO, Robert White. These two trails<br />

added about three more miles to the system.<br />

t - . ,.<br />

What has always impressed me about the people of <strong>Loup</strong> Publ~/~wcr and<br />

their work with the trails system arc details like two additional trail heads<br />

when they saw the need for them. I have worked with over twelve boys find<br />

Eagle Scout projects along the trail system that sits on <strong>Loup</strong> Public <strong>Power</strong><br />

land. This process included these young scouts meeting with a<br />

representative from <strong>Loup</strong> to have their project approved and going back to<br />

make sure it met with <strong>Loup</strong>~s approval aRcr completion. <strong>Loup</strong>'s'willingness<br />

to work with these young men meant a great deal.<br />

t


~0090304-0019 FERC PDF (Unofficial) 03/02/2009<br />

The experience I have had working with <strong>Loup</strong> on the various projects<br />

mentioned has always been positive. They take their need to provide<br />

recreational opportunities seriously. I have talked to numerous service<br />

organizations that enjoy the trails as well as many, many individuals; the<br />

opportunity for exercise, family time, the opportunity to commune with<br />

nature is priceless.<br />

The trails that traverse the property of <strong>Loup</strong> Public <strong>Power</strong> have been a great<br />

amenity to the Columbus, NE area. There arc not too many land owners that<br />

will allow such a thing as trails so wc arc very grateful.<br />

If you have any questions regarding the trails and the association of <strong>Loup</strong><br />

Public <strong>Power</strong> please contact me at the following phone numbers.<br />

Thank you,<br />

Sincerely,<br />

Randall R. Haskell<br />

Board Member of CART<br />

P.S. One of my cycling buddies is Rick Bose; he is from eastern Iowa<br />

originally. Hc and his family have lived in Columbus now for three years,<br />

he is a Doctor in down. I thought it was interesting when I saw your last<br />

name.


Selzle, Lydia<br />

From: Richardson, Lisa (Omaha)<br />

Sent: Wednesday, February 04, 2009 3:54 PM<br />

To: Frame, Gail<br />

Subject: FW: HP#0804&127&01 & FERC Relicensing of <strong>Loup</strong> <strong>Power</strong> <strong>District</strong><br />

From: Dolberg, Jill [mailto:jill.dolberg@nebraska.gov]<br />

Sent: Wednesday, February 04, 2009 2:10 PM<br />

To: Madson, Michael J.<br />

Subject: RE: HP#0804,127,01 , FERC Relicensing of <strong>Loup</strong> <strong>Power</strong> <strong>District</strong><br />

Mike,<br />

I agree that the APE for this project is, in our opinion, the area within the licensed Project Boundary. I apologize for the<br />

confusion.<br />

Jill Dolberg<br />

Review and Compliance Coordinator<br />

Nebraska State Historic Preservation Office<br />

From: Madson, Michael J. [mailto:Michael.Madson@hdrinc.com]<br />

Sent: Wednesday, February 04, 2009 1:38 PM<br />

To: Dolberg, Jill<br />

Cc: Richardson, Lisa (Omaha)<br />

Subject: HP#0804,127,01 , FERC Relicensing of <strong>Loup</strong> <strong>Power</strong> <strong>District</strong><br />

Jill Thank you for sending your letter of January 23 agreeing to the APE proposed in a letter from <strong>Loup</strong> <strong>Power</strong><br />

<strong>District</strong> President Neal Suess on January 5. I think some clarification is in order however to avoid any future<br />

misunderstanding regarding the extent of the APE.<br />

Mr. Suess' letter stated that "As recommended by the Commission, the <strong>District</strong> proposes to establish the project<br />

area of potential effects (APE) as required under 36 CFR 800.4 and defined in 36 CFR 800.16 as the area shown<br />

in the PAD document (See attached from the PAD: Figure 4 1, 14 sheets) and labeled as the Approximate<br />

Project Boundary. The area within that boundary encompasses the entirety of the <strong>District</strong>’s holdings that are<br />

subject to the relicensing effort described in the PAD." We specifically targeted the area within the footprint<br />

shown on the attached figures (to the January 5 letter) as the Project Boundary currently licensed by FERC.<br />

The <strong>District</strong> holds other properties outside of this area that are not related to the current FERC license or the<br />

relicensing effort, including economic development properties and an administrative building in Columbus.<br />

Your response stated that SHPO agreed "that the APE correctly encompasses all of the <strong>District</strong>'s holdings"<br />

without specifically targeting the area subject to the relicensing effort. Please clarify that the APE for this<br />

project is, in the opinion of the SHPO, the area within the licensed Project Boundary. This clarification is<br />

necessary to avoid future misunderstanding about need for historic property identification on <strong>District</strong> properties<br />

that are not related to the relicensing effort.<br />

Sincerely,<br />

Mike<br />

Michael J. Madson, M.S., RPA<br />

Professional Associate<br />

1


Selzle, Lydia<br />

From: Robert_Harms@fws.gov<br />

Sent: Wednesday, February 04, 2009 8:01 AM<br />

To: Pillard, Matt; Waldow, George<br />

Subject: <strong>Loup</strong> PAD and SD<br />

Importance: High<br />

George/Matt:<br />

The FWS is in the process of preparing written comments on the Preapplication Document (PAD)<br />

and Scoping Document (SD) for the <strong>Loup</strong> relicensing action. We have also provided some study<br />

suggestions/comments<br />

in our letter. 2 questions for you--we are planning to submit our written<br />

comments on the PAD and SD to Kimberly Bose of FERC by February 10--is that the deadline or<br />

is February 20 the deadline for comments? Also, I was under the impression that <strong>Loup</strong>, HDR,<br />

and the agencies were going to meet in February/March 2009 time frame to further discuss<br />

study plans including how the study requests meet the 7 FERC criteria. At this point, I had<br />

not planned to discuss how the study plans discussed in the PAD and SD meet the<br />

7 FERC criteria in our current letter.<br />

Bob<br />

Robert R. Harms<br />

Fish and Wildlife Biologist<br />

U.S. Fish and Wildlife Service<br />

203 West Second Street<br />

Grand Island, Nebraska 68801<br />

Phone: 308-382-6468, Extension 17<br />

Fax: 308-384-8835<br />

robert_harms@fws.gov<br />

1


Selzle, Lydia<br />

From: Richardson, Lisa (Omaha)<br />

Sent: Thursday, February 05, 2009 11:42 AM<br />

To: Frame, Gail<br />

Subject: FW: <strong>Loup</strong> <strong>Power</strong> <strong>District</strong> Relicensing * SD1 Errata Notice<br />

Attachments: FERC.090204.errata_notice.pdf<br />

From: Pillard, Matt<br />

Sent: Wednesday, February 04, 2009 4:48 PM<br />

To: Mike_LeValley@fws.gov; mark_weekley@nps.gov; frank.albrecht@nebraska.gov; gene.zuerlein@nebraska.gov;<br />

kristal.stoner@nebraska.gov; john.bender@nebraska.gov; marty.link@ndeq.state.ne.us; NeDoJ@ago.ne.gov;<br />

jeff.schuckman@nebraska.gov; jeff_runge@fws.gov; robert_harms@fws.gov; barbara.j.friskopp@usace.army.mil;<br />

abaum@upperloupnrd.org; angie_tornes@nps.gov; randy_thoreson@nps.gov; bpuschendorf@nebraskahistory.org;<br />

Rex.Amack@nebraska.gov; lori.moore@nema.ne.gov; jangell@dnr.ne.gov; agr.webmaster@nebraska.gov;<br />

jay.ringenberg@ndeq.state.ne.us; mike.linder@ndeq.state.ne.us; pjsoenks@usgs.gov; rswanson@usgs.gov;<br />

mkuzila1@unl.edu; david.jundt@dhhs.ne.gov; dozman@usgs.gov; jmiyoshi@lpnnrd.org; steve.chick@ne.usda.gov;<br />

pcclerk@megavision.com; pchwy@megavision.com; cityadmin@cablene.com; bczoning@frontiernet.net;<br />

cityadmin@cablene.com; rbishop@cpnrd.org; mark@cpnrd.org; jhdnfldt@inebraska.com; jwinkler@papionrd.org;<br />

lpsnrd@lpsnrd.org; jmmoser@megavision.com; jmangi@columbusne.us; cgenoa@cablene.com; cgenoa@cablene.com;<br />

monroe@megavision.com; monroe@megavision.com; calms@neb.rr.com; danno@nohva.com; mbrown9@unl.edu;<br />

provost@huntel.net; rtrudell@santeedakota.org; jblackhawk@aol.com; pawneenationpres@hotmail.com;<br />

omndn@yahoo.com; CoraJones@bia.gov; rverhoeff@lpsnrd.org; butchk@nctc.net; mohler@nctc.net;<br />

jmsunne@nppd.com; dave.tunink@nebraska.gov; rbzelt@usgs.gov; John_Cochnar@fws.gov; Martha_Tacha@fws.gov;<br />

jalexand@usgs.gov; Engelbert, Pat; Engel, John; Pillard, Matt; jjshadl@nppd.com; rziola@loup.com;<br />

Greg_Wingfield@fws.gov; cothern.joe@epa.gov; justin.lavene@nebraska.gov; bobbie.wickham@nebraska.gov;<br />

santin@hamilton.net; tpetr@loup.com; rziola@loup.com; nsuess@loup.com; arobak@loup.com; jfrear@loup.com;<br />

Waldow, George; Grennan, Dennis E.; Richardson, Lisa (Omaha); Sigler, Bill; King, Wendy; bdietsch@usgs.gov;<br />

mferguson@gp.usbr.gov; athompson@gp.usbr.gov; bpuschendorf@nebraskahistory.org; kennyj@headwaterscorp.com;<br />

mdrain@cnppid.com; donald_anderson@fws.gov; rswanson@usgs.gov; matt_schwarz@fws.gov; jeddins@achp.gov;<br />

kenneth.sessa@dhs.gov; peggy.harding@ferc.gov; Willie_Taylor@ios.doi.gov; Robert_F_Stewart@ios.doi.gov;<br />

djjarecke@clarkswb.net; al.berndt@nebraska.gov; dave_carlson@fws.gov; astuthman@leg.ne.gov; ksullivan@leg.ne.gov;<br />

clangemeier@leg.ne.gov; adubas@leg.ne.gov; White, Stephanie; houghton@winnebagotribe.com; Kim.Nguyen@ferc.gov;<br />

chairmanrhodd@ponca.com; June_Deweese@fws.gov; don_simpson@blm.gov; mark.ivy@ferc.gov;<br />

nicholas.jayjack@ferc.gov; david.turner@ferc.gov; jdolberg@nebraskahistory.org; prescott.brownell@noaa.gov;<br />

Nicholas_Chevance@nps.gov; Robert.Dach@noaa.gov; cox@columbusne.us<br />

Cc: Neal Suess; Ron Ziola; Jim Frear (jfrear@loup.com); Richardson, Lisa (Omaha); Waldow, George; Engelbert, Pat;<br />

Sigler, Bill<br />

Subject: <strong>Loup</strong> <strong>Power</strong> <strong>District</strong> Relicensing > SD1 Errata Notice<br />

<strong>Loup</strong> <strong>Power</strong> <strong>District</strong> wanted to inform you that FERC is issuing an errata to SD1 that clarifies the deadline for comments<br />

on the PAD, SD1 and for study requests is February 10. See the attached notice.<br />

Thank you.<br />

Matt Pillard, AICP<br />

Senior Environmental Planner<br />

HDR | ONE COMPANY | Many Solutions Sol<br />

8404 Indian Hills Drive | Omaha, NE | 68114*4098<br />

Phone: 402.399.1186 | Cell: 402.689.5187| Fax: 402.399.1111<br />

Email: Matt.Pillard@hdrinc.com<br />

1


Selzle, Lydia<br />

From: Richardson, Lisa (Omaha)<br />

Sent: Friday, February 06, 2009 6:31 AM<br />

To: Frame, Gail<br />

Subject: FW: <strong>Loup</strong> <strong>Power</strong> <strong>District</strong> Relicensing ) Notice of Meetings<br />

From: Pillard, Matt<br />

Sent: Thursday, February 05, 2009 3:52 PM<br />

To: tprovost@omahatribeepd.com; rtrudell@santeedakota.org; jblackhawk@aol.com; omndn@yahoo.com;<br />

mferguson@gp.usbr.gov; chairmanrhodd@ponca.com; calms@neb.rr.com; danno@nohva.com; mbrown9@unl.edu;<br />

prescott.brownell@noaa.gov; Mike_LeValley@fws.gov; mark_weekley@nps.gov; jeff_runge@fws.gov;<br />

robert_harms@fws.gov; barbara.j.friskopp@usace.army.mil; angie_tornes@nps.gov; randy_thoreson@nps.gov;<br />

pjsoenks@usgs.gov; dozman@usgs.gov; CoraJones@bia.gov; rbzelt@usgs.gov; John_Cochnar@fws.gov;<br />

Martha_Tacha@fws.gov; jalexand@usgs.gov; cothern.joe@epa.gov; Greg_Wingfield@fws.gov; bdietsch@usgs.gov;<br />

athompson@gp.usbr.gov; donald_anderson@fws.gov; matt_schwarz@fws.gov; rswanson@usgs.gov;<br />

Willie_Taylor@ios.doi.gov; Robert_F_Stewart@ios.doi.gov; jeddins@achp.gov; kenneth.sessa@dhs.gov;<br />

dave_carlson@fws.gov; June_Deweese@fws.gov; don_simpson@blm.gov; rldach@yahoo.com;<br />

Nicholas_Chevance@nps.gov; pcclerk@megavision.com; pchwy@megavision.com; cityadmin@cablene.com;<br />

bczoning@frontiernet.net; cityadmin@cablene.com; jmmoser@megavision.com; jmangi@columbusne.us;<br />

cgenoa@cablene.com; cgenoa@cablene.com; monroe@megavision.com; monroe@megavision.com;<br />

santin@hamilton.net; djjarecke@clarkswb.net; cox@columbusne.us; frank.albrecht@nebraska.gov;<br />

gene.zuerlein@nebraska.gov; rick.sneider@nebraska.gov; john.bender@nebraska.gov; marty.link@nebraska.gov;<br />

jeff.schuckman@nebraska.gov; bpuschendorf@nebraskahistory.org; Rex.Amack@nebraska.gov;<br />

lori.moore@nema.ne.gov; jangell@dnr.ne.gov; agr.webmaster@nebraska.gov; jay.ringenberg@ndeq.state.ne.us;<br />

mike.linder@ndeq.state.ne.us; rswanson@usgs.gov; mkuzila1@unl.edu; david.jundt@dhhs.ne.gov;<br />

steve.chick@ne.usda.gov; dave.tunink@nebraska.gov; justin.lavene@nebraska.gov; bobbie.wickham@nebraska.gov;<br />

bpuschendorf@nebraskahistory.org; al.berndt@nebraska.gov; jdolberg@nebraskahistory.org; abaum@upperloupnrd.org;<br />

jmiyoshi@lpnnrd.org; rbishop@cpnrd.org; mark@cpnrd.org; jhdnfldt@inebraska.com; jwinkler@papionrd.org;<br />

lpsnrd@lpsnrd.org; rverhoeff@lpsnrd.org; butchk@nctc.net; mohler@nctc.net; jmsunne@nppd.com; jjshadl@nppd.com;<br />

kennyj@headwaterscorp.com; mdrain@cnppid.com; jon.bruning@ago.ne.gov; astuthman@leg.ne.gov;<br />

ksullivan@leg.ne.gov; clangemeier@leg.ne.gov; adubas@leg.ne.gov<br />

Cc: Kim.Nguyen@ferc.gov; peggy.harding@ferc.gov; david.turner@ferc.gov; nicholas.jayjack@ferc.gov;<br />

mark.ivy@ferc.gov; rziola@loup.com; tpetr@loup.com; nsuess@loup.com; arobak@loup.com; jfrear@loup.com;<br />

Engelbert, Pat; Engel, John; Waldow, George; Grennan, Dennis E.; Richardson, Lisa (Omaha); Sigler, Bill; White,<br />

Stephanie<br />

Subject: <strong>Loup</strong> <strong>Power</strong> <strong>District</strong> Relicensing = Notice of Meetings<br />

Good Afternoon.<br />

<strong>Loup</strong> <strong>Power</strong> <strong>District</strong> has identified date(s) for the Study Plan Meeting(s) to discuss and seek consensus on the<br />

proposed study plan for relicensing the <strong>Loup</strong> River Hydroelectric Project (FERC Project No. 1256). The <strong>District</strong>s’<br />

Proposed Study Plan will be issued by March 27, 2009 and will provide details of the studies proposed by the<br />

<strong>District</strong> in the PAD as well as details of any studies requested by stakeholders.<br />

Study Plan Meeting Details:<br />

April 21, 2009<br />

9:00 AM – 5:00 PM<br />

Holiday Inn Express<br />

524 E 23 rd St, Columbus<br />

FERC representatives will be in attendance at the meeting. The meeting will also be available by<br />

teleconference.<br />

1


Lunch will be provided so we ask that you let us know how many people to expect from your agency. Please<br />

RSVP to Angell Robak, <strong>Loup</strong> <strong>Power</strong> <strong>District</strong> at arobak@loup.com or (402) 564-3171, ext. 275.<br />

If needed, follow-up meetings will be held in Columbus on May 28 and July 1 from 9:00 AM to 5:00 PM to<br />

continue study plan issue resolution. Please mark your calendars.<br />

If you do not wish to receive future emails regarding the <strong>Loup</strong> <strong>Power</strong> <strong>District</strong> Relicensing effort, plus let me<br />

know and we'll get you removed from this distribution list.<br />

Thanks.<br />

Matt Pillard, AICP<br />

Senior Environmental Planner<br />

HDR | ONE COMPANY | Many Solutions Sol<br />

8404 Indian Hills Drive | Omaha, NE | 68114)4098<br />

Phone: 402.399.1186 | Cell: 402.689.5187| Fax: 402.399.1111<br />

Email: Matt.Pillard@hdrinc.com<br />

2


Selzle, Lydia<br />

From: Pillard, Matt<br />

Sent: Thursday, February 05, 2009 1:50 PM<br />

To: Frame, Gail<br />

Subject: FW: <strong>Loup</strong> <strong>Power</strong> <strong>District</strong> Relicensing % SD1 Errata Notice<br />

From: Stoner, kristal [mailto:kristal.stoner@nebraska.gov]<br />

Sent: Thursday, February 05, 2009 1:47 PM<br />

To: Pillard, Matt<br />

Subject: RE: <strong>Loup</strong> <strong>Power</strong> <strong>District</strong> Relicensing - SD1 Errata Notice<br />

Matt,<br />

Please take me off the mailing list. I switched jobs, so the <strong>Loup</strong> Relicensing is no longer my responsibility. You should<br />

probably add Rick Schneider as the new contact in my place.<br />

Kristal Stoner<br />

Wildlife Diversity Program Manager<br />

Nebraska Game and Parks Commission<br />

2200 N 33rd Street, Lincoln, NE 68503<br />

kristal.stoner@nebraska.gov<br />

402-471-5444<br />

***Note new email address***<br />

From: Pillard, Matt [Matt.Pillard@hdrinc.com]<br />

Sent: Wednesday, February 04, 2009 4:47 PM<br />

To: Mike_LeValley@fws.gov; Weekley, Mark; Albrecht, Frank; Zuerlein, Gene; Stoner, kristal; Bender, John; Link, Marty;<br />

AGO - Department of Justice; Schuckman, Jeff; jeff_runge@fws.gov; robert_harms@fws.gov;<br />

barbara.j.friskopp@usace.army.mil; abaum@upperloupnrd.org; angie_tornes@nps.gov; randy_thoreson@nps.gov;<br />

bpuschendorf@nebraskahistory.org; Amack, Rex; lori.moore@nema.ne.gov; Angell, Jean; Nebraska Department of<br />

Agriculture; Ringenberg, Jay; Linder, Mike; pjsoenks@usgs.gov; rswanson@usgs.gov; mkuzila1@unl.edu; Jundt, David;<br />

dozman@usgs.gov; jmiyoshi@lpnnrd.org; steve.chick@ne.usda.gov; pcclerk@megavision.com; Platte County Hwy Supt -<br />

Liss; cityadmin@cablene.com; bczoning@frontiernet.net; cityadmin@cablene.com; rbishop@cpnrd.org; mark@cpnrd.org;<br />

jhdnfldt@inebraska.com; jwinkler@papionrd.org; lpsnrd@lpsnrd.org; jmmoser@megavision.com;<br />

jmangi@columbusne.us; cgenoa@cablene.com; cgenoa@cablene.com; monroe@megavision.com;<br />

monroe@megavision.com; calms@neb.rr.com; danno@nohva.com; mbrown9@unl.edu; provost@huntel.net;<br />

rtrudell@santeedakota.org; jblackhawk@aol.com; pawneenationpres@hotmail.com; omndn@yahoo.com;<br />

CoraJones@bia.gov; rverhoeff@lpsnrd.org; butchk@nctc.net; mohler@nctc.net; jmsunne@nppd.com; Tunink, Dave;<br />

rbzelt@usgs.gov; John_Cochnar@fws.gov; Martha_Tacha@fws.gov; jalexand@usgs.gov; Engelbert, Pat; Engel, John;<br />

Pillard, Matt; jjshadl@nppd.com; rziola@loup.com; Greg_Wingfield@fws.gov; cothern.joe@epa.gov; Lavene, Justin;<br />

Wickham, Bobbie; santin@hamilton.net; tpetr@loup.com; rziola@loup.com; nsuess@loup.com; arobak@loup.com;<br />

jfrear@loup.com; Waldow, George; Grennan, Dennis E.; Richardson, Lisa (Omaha); Sigler, Bill; King, Wendy;<br />

bdietsch@usgs.gov; mferguson@gp.usbr.gov; athompson@gp.usbr.gov; bpuschendorf@nebraskahistory.org;<br />

kennyj@headwaterscorp.com; mdrain@cnppid.com; donald_anderson@fws.gov; rswanson@usgs.gov;<br />

matt_schwarz@fws.gov; jeddins@achp.gov; kenneth.sessa@dhs.gov; peggy.harding@ferc.gov;<br />

Willie_Taylor@ios.doi.gov; Robert_F_Stewart@ios.doi.gov; djjarecke@clarkswb.net; Berndt, Al; dave_carlson@fws.gov;<br />

Arnie Stuthman; ksullivan@leg.ne.gov; Chris Langemeier; Annette Dubas; White, Stephanie;<br />

houghton@winnebagotribe.com; Kim.Nguyen@ferc.gov; chairmanrhodd@ponca.com; June_Deweese@fws.gov;<br />

don_simpson@blm.gov; mark.ivy@ferc.gov; nicholas.jayjack@ferc.gov; david.turner@ferc.gov;<br />

jdolberg@nebraskahistory.org; prescott.brownell@noaa.gov; Nicholas_Chevance@nps.gov; Robert.Dach@noaa.gov;<br />

cox@columbusne.us<br />

Cc: Neal Suess; Ron Ziola; Jim Frear (jfrear@loup.com); Richardson, Lisa (Omaha); Waldow, George; Engelbert, Pat;<br />

1


Sigler, Bill<br />

Subject: <strong>Loup</strong> <strong>Power</strong> <strong>District</strong> Relicensing - SD1 Errata Notice<br />

<strong>Loup</strong> <strong>Power</strong> <strong>District</strong> wanted to inform you that FERC is issuing an errata to SD1 that clarifies the deadline for comments<br />

on the PAD, SD1 and for study requests is February 10. See the attached notice.<br />

Thank you.<br />

Matt Pillard, AICP<br />

Senior Environmental Planner<br />

HDR | ONE COMPANY | Many Solutions Sol<br />

8404 Indian Hills Drive | Omaha, NE | 68114%4098<br />

Phone: 402.399.1186 | Cell: 402.689.5187| Fax: 402.399.1111<br />

Email: Matt.Pillard@hdrinc.com<br />

2


February 5, 2009<br />

Judy Trautwein<br />

Columbus Area Recreational Trails<br />

Kimberly D. Bose, Secretary<br />

Federal Energy Regulatory Commission<br />

888 First Street, N.E., Room 1A<br />

Washington, D C 20426<br />

Re: <strong>Loup</strong> River Project P-1256-029<br />

Dear Ms. Base,<br />

I am writing to inform you of the support <strong>Loup</strong> <strong>Power</strong> <strong>District</strong> gives to trails in our<br />

area. Several years ago our Columbus Area Recreational Trail group was able to<br />

build a biking-walking trail on <strong>Loup</strong> <strong>Power</strong> <strong>District</strong> property around Lake North<br />

because of <strong>Loup</strong> <strong>Power</strong> <strong>District</strong> support through sponsorship. Since then, <strong>Loup</strong><br />

has built two more trails around the lake. This support from <strong>Loup</strong> <strong>Power</strong> <strong>District</strong><br />

was just the beginning of a trail network in Columbus.<br />

In addition to providing land, <strong>Loup</strong> <strong>Power</strong> <strong>District</strong> maintains the trails around Lake<br />

North. Officials at <strong>Loup</strong> <strong>Power</strong> <strong>District</strong> are always willing to listen to our group<br />

about new trail ideas.<br />

Other communities have been building trails for years because their cities have<br />

placed trail funding in their budgets. Columbus must depend on private efforts to<br />

write grants to receive money for the trails.<br />

We do not have a trail-user counter on the trails. However, I can tell you that the<br />

trails are used extensively. On the trails, you can see skateboarders, bikers,<br />

walkers, runners, and parents with strollers and wheelchair users.<br />

When people are considering moving to Columbus, recreation is important. The<br />

trails are an economic development tool when giving reasons to live in<br />

Columbus.<br />

Sincerely,<br />

Judy Trautwein<br />

C.A.R.T. Board Member


February 6, 2009<br />

Kimberly D. Bose, Secretary<br />

Federal Energy Regulatory Commission<br />

888 First Street, N.E., Room 1A<br />

Washington, DC 20426<br />

Ms. Bose,<br />

Please accept the following comments regarding the Scoping Document and Pre-Application<br />

Document (PAD) forthe <strong>Loup</strong> River Hydroelectric Project, Nebraska, FERC Project No.<br />

1256.<br />

The Nebraska Game & Parks Commission (NGPC) has been involved with this re-licensing<br />

effort early on in the process. We have attended several meetings and provided letters which<br />

outlined a number ofconcerns and questions as well. In the PAD, please reference a letter dated<br />

September 23, 2008 (Kristal Stoner to Melissa Marinovich) and a joint letter developed by the<br />

US Fish and Wildlife Service and the NGPC (letter dated July 21,2008) for a detailed<br />

description ofour earlier comments.<br />

In reference to the PAD, Section 5.3.2 Potential Impacts on Fish and Aquatic Communities, the<br />

first paragraph on page 5-46 ofthe PAD discusses past fish kills that have occurred in the both<br />

the <strong>Loup</strong> River below the headgate structure at the <strong>Loup</strong> Canal diversion and in the <strong>Loup</strong> Canal<br />

proper. The PAD document states that only the August 12, 2005 fish kills were the result of<br />

Project operations. We contend that the <strong>Loup</strong> River fish kills that occurred from July 1995 to<br />

July 2004 were the result ofthermal stress due to low water levels in the <strong>Loup</strong> River because of<br />

water diversion into the <strong>Loup</strong> Canal. The fish kills were the reason for the development ofthe<br />

voluntary agreement between the <strong>Loup</strong> <strong>Power</strong> <strong>District</strong> and the Nebraska Game and Parks<br />

Commission. The agreement outlined a release of50 to 75 cfs into the <strong>Loup</strong> River below the<br />

headgates, during time periods ofhigh air temperatures, to alleviate conditions that exceed<br />

critical thermal maximum water temperature for fish species that have resulted in past fish kills.<br />

Now that the <strong>District</strong> has suspended the water releases, the study request to determine effects of<br />

the project diversions on the water temperatures in the bypass reach (4.2.2 page 13 ofthe<br />

Scoping Document) becomes even more critical in an effort to avoid additional <strong>Loup</strong> River fish<br />

kills. Studies should be designed and data gathered to determine the relationships between river<br />

flows, channel depth, ambient air temperature, and water temperature both above and below the<br />

headgates diversion on the <strong>Loup</strong> River. An effort should be made to collect sufficient data to<br />

produce a predictive model using the above variables to determine conditions under which fish<br />

kills may occur. This data can then be used to determine ifand when increased flows may be<br />

necessary in the bypass reach ofthe <strong>Loup</strong> River to prevent fish kills due to thermal stress.


20090209-5003 FERC PDF (Unofficial) 2/7/2009 12:59:39 PM<br />

Altogether my wife and I have been members of NOHVA for 15 years. Headworks is the closest place for<br />

us to ride our atv's. It is a gathering place for atv and dirt bike enthusiasts to ride. If the place is closed to<br />

us we will be forced to find other places to ride and may cause more harm to the enviroment because we<br />

would have to make trails and such. This place is a beautiful place to ride and we have seen all kinds of<br />

wildlife there while riding even on jamboree weekends! We hope and pray for the sake of those that enjoy<br />

riding that this wonderful place does not get shut down!<br />

Sincerely,<br />

Erik and Sarah Sprague<br />

Madison, Nebraska


20090209-5003 FERC PDF (Unofficial) 2/7/2009 12:59:39 PM<br />

Document Content(s)<br />

2283.TXT..............................................................1-1


)_0090212-0201 FERC PDF (Unofficial) 02/10/2009 "<br />

: -_.<br />

February 8, 2009 ,7) ` ozf<br />

Kimberly D. Bose, Secretary<br />

Federal Energy Regulatory Commission<br />

888 First Street, N.E., Room 1A<br />

Washington, DC 20426<br />

RE: <strong>Loup</strong> <strong>Power</strong> Hydroelectric Project<br />

Dear Ms. Bose:<br />

i<br />

i "<br />

~_. .--:<br />

..... --:-!<br />

....<br />

.. ........<br />

._.<br />

..... .~..~<br />

-.<br />

. . . . . . :::,<br />

..<br />

_<br />

-<br />

. ...... ....<br />

I-~.)<br />

CA:t<br />

- ..--~<br />

.<br />

.-~<br />

CD<br />

..... . { j<br />

I am writing you in support of the proposed licensing of the <strong>Loup</strong> River Hydroelectric Project. I am an<br />

agriculture producer, landowner, and irrigation in which I receive water from the <strong>Loup</strong> Canal System.<br />

My family has surface water rights from the State of Nebraska which are private property rights dating<br />

back to 1956 in which we irrigate land next to the <strong>Loup</strong> Canal. We currently have five farms in which<br />

we irrigate from the <strong>Loup</strong> canal totalling approximately 338 acres.<br />

I strongly encourage you to approve the proposed licensing project. The economic impact in the<br />

immediate area from the crops grown with irn'gation has the trickle down effect for the area<br />

businesses. I think of this as an "area economic stimulus plan ~. Area businesses as well as area<br />

schools benefit from the additional income which we derive from the irrigated crops.<br />

Thank you for your time. I look forward to hearing from you regarding your decision.<br />

Jim Donoghue<br />

" 7:<br />

.'-.)<br />

i


~0090212-0201 FERC PDF (Unofficial) 02/10/2009<br />

Seoping Meeting Registration Form<br />

<strong>Loup</strong> River Hydroelectric Project<br />

FERC No. 1256-029<br />

Scoping Meetings convened and conducted by the Federal Energy Regulatory<br />

Commission staff for the purpose of gathering information and comments from interested<br />

individuals and government agencies for the proposed licensing of the <strong>Loup</strong> River<br />

Hydroelectric Project.<br />

Meeting Location: Holiday Inn Express<br />

524 E. 23 ~ Street<br />

Columbus, Nebraska 68601<br />

Meeting Day and Time: Tuesday, January 13, 2009 at 9:00 a.m.<br />

Name of <strong>Part</strong>icipant:<br />

Email Address:<br />

Address:<br />

Phone No.:<br />

Representing (Agency, self, etc.):<br />

Nature of <strong>Part</strong>icipation in Meeting: (Please check)<br />

Oral Testimony __ Written Statement __ Observer/Discussion <strong>Part</strong>icipant __<br />

If providing a written statement, please submit to the Meeting Recorder or mail by<br />

February 10, 2009 to:<br />

Kimberly D. Bose, Secretary<br />

Federal Energy Regulatory Commission<br />

888 First Street, N.E., Room 1A<br />

Washington, DC 20426<br />

Prominently indicate on the first page, the following caption:<br />

<strong>Loup</strong> River Project, FERC No. 1256-029


February 9, 2009<br />

Honorable Kimberly D. Bose, Secretary<br />

Federal Energy Regulatory Commission<br />

888 First Street NE<br />

Washington, DC 20426<br />

Subject: <strong>Loup</strong> River Hydroelectric Project<br />

FERC Project No. 1256<br />

Docket 1256-029<br />

Scoping Document Comments<br />

Dear Secretary Bose,<br />

Via Electronic Filing<br />

<strong>Loup</strong> <strong>Power</strong> <strong>District</strong> (the <strong>District</strong>) has reviewed Scoping Document 1 for relicensing the <strong>Loup</strong> River<br />

Hydroelectric Project issued by the Commission on December 12, 2008. The <strong>District</strong> respectfully<br />

submits the attached comments for consideration by the Commission in developing the<br />

environmental assessment for relicensing the project.<br />

Respectfully Submitted,<br />

Neal D. Suess<br />

President/CEO<br />

<strong>Loup</strong> <strong>Power</strong> <strong>District</strong><br />

Attachments: <strong>Loup</strong> <strong>Power</strong> <strong>District</strong> Comments on Scoping Document 1


<strong>Loup</strong> <strong>Power</strong> <strong>District</strong> Comments on Scoping Document 1:<br />

<strong>Loup</strong> River Hydroelectric Project<br />

FERC Project No. 1256<br />

Docket 1256-029<br />

Scoping Document 1 Comments<br />

1. Platte River is misspelled in a couple locations; correct spelling is “Platte River.”<br />

2. Pg. 4, footnote 3 – Date that the <strong>District</strong>’s license expires is listed incorrectly as April 15,<br />

2012. The correct date is April 15, 2014.<br />

3. Pg. 6, Section 2.1, last bullet – the word “no” should be “not.”<br />

4. Pg. 8, Section 3.1.1, - Lake Babcock and Lake North are manmade regulating reservoirs<br />

and should be noted as regulating reservoirs rather than lakes. Additionally, suggest the<br />

following changes to the last 2 sentences:<br />

“From these lakes regulating reservoirs, flow is then diverted into enters the Intake Canal<br />

to the Columbus <strong>Power</strong>house. From this powerhouse, flow is then diverted routed back<br />

to the Platte River via the Tailrace Canal.”<br />

5. Pg. 9, Section 3.1.1, item (2) – the intake gates should be noted as having openings that<br />

are 24-foot long and 5-foot-high rather than 5-foot-wide. Additionally, it should be noted<br />

that the 1,569.5 foot elevation is of the gate sill.<br />

6. Pg. 9, Section 3.1.1, item (3) – the sluice gates should be noted as having openings that<br />

are 20-foot long and 6-foot-high rather than 6-foot-wide. Additionally, it should be noted<br />

that the 1,568 foot elevation is of the gate sill.<br />

7. Pg. 9, Section 3.1.1, item (6) – rated capacity of the Monroe <strong>Power</strong>house is 2.612 MW,<br />

not 2.621 MW.<br />

8. Pg. 9, Section 3.1.1, item (9) – 11,000 acre-feet was the original capacity of Lake<br />

Babcock. As noted in the PAD, due to siltation, the capacity of Lake Babcock is<br />

currently estimated as 2,270 acre-feet.<br />

9. Pg. 9, Section 3.1.1, items (4)(5)(7)(12)(16) – the power canal cross-section is a<br />

trapezoidal shape, therefore, all of the widths noted, should be noted as the bottom width.<br />

10. Pg. 9, Section 3.1.2, 2 nd paragraph – suggest the following changes to the description of<br />

project operations:<br />

The hydraulic capacity for the project is 3,500 cubic feet per second (cfs), or 6,930 acrefeet<br />

per day, so all flows above this continue must be bypassed into the <strong>Loup</strong> River<br />

Bypass Reach. Typically, during normal project operations, The long-term average<br />

amount of flow diverted for the project is 1,610 cfs, or 3,180 acre-feet per day. During<br />

cold weather operations, the entire 35-mile length of the project must be monitored for<br />

heavy slush, frazil ice formation, ice floes, and ice jams. Any of these conditions may<br />

create an emergency situation where flow diversion must be quickly adjusted or curtailed.<br />

During high flows operations, typically during the spring freshet, the diversion of flows<br />

for the project would be reduced or curtailed as needed to keep debris and excess<br />

sediment from entering the Project. In the past, during the hot summer months days<br />

when flows in the <strong>Loup</strong> River are impacted by upstream irrigation withdrawals, the<br />

project operates by releasing maintaining a minimum flow of 50 to 75 cfs in the <strong>Loup</strong><br />

River bypass reach when conditions warrant. However, in 2008 the practice of


<strong>Loup</strong> River Hydroelectric Project<br />

FERC Project No. 1256<br />

Docket 1256-029<br />

Scoping Document 1 Comments<br />

maintaining minimum flows was discontinued due to water accounting issues raised by<br />

Nebraska Department of Natural Resources (NDNR).<br />

11. Pg. 10, Section 3.1.2, last sentence – The <strong>District</strong> has ceased maintaining minimum flows<br />

of 50-75 cfs due to water accounting issues raised by Nebraska Department of Natural<br />

Resources (NDNR). The <strong>District</strong> is working with NDNR to resolve these issues.<br />

12. Pg. 10, Section 3.4 – Section notes “…detailed and comprehensive analyses in the EIS.”<br />

EIS should be changed to EA.<br />

13. Pg. 11, Section 3.4.3 – The license for the <strong>Loup</strong> River Hydroelectric Project includes<br />

both powerhouses, therefore, the reference to decommissioning should refer to the project<br />

as singular. Additionally, it should be noted that the Project has a diversion weir rather<br />

than a dam.<br />

14. Pg. 12, Section 4.1.1, second paragraph – The <strong>District</strong> provided information in the PAD<br />

documenting that the Project does not deplete flows in the lower Platte River (PAD<br />

Section 5.2.2, Water Budget, Pg. 5-18 & PAD Section 6. 3, Pg. 6-20). Since the Project<br />

does not affect flow depletion, the <strong>District</strong> believes that water depletions should not be<br />

considered for cumulative effects.<br />

15. Pg. 12, Section 4.1.1 – The <strong>District</strong> notes that there are several initiatives associated with<br />

the Platte River Recovery Implementation Program that are currently being implemented<br />

to improve habitat in the Platte River which are expected to result in a net improvement<br />

of the Platte River ecosystem in the future. In addition, the Natural Resources<br />

Conservation Service (NRCS) has several conservation programs to retire irrigated acres<br />

and reduce depletions to the Platte River and other rivers. The effects of these other<br />

programs on the Platte River ecosystem should be considered in the cumulative effects<br />

analysis.<br />

Additionally, the <strong>District</strong> notes that on December 16, 2008 (after PAD submittal), the<br />

NDNR made a preliminary determination that the lower Platte River is fully<br />

appropriated. If this designation becomes final, proposed new consumptive uses within<br />

and upstream of the basin will have to be offset by retiring an equivalent amount of a<br />

current use within the basin. This action by the NDNR should ensure that depletion of<br />

flows in the lower Platte River does not continue into the future.<br />

16. Pg. 12, Section 4.1.2 – The geographic scope of other programs and projects considered<br />

for the cumulative effects analysis should include activities in the entire Platte River<br />

basin, not just the lower Platte River basin.<br />

17. Pg. 12, Section 4.1.2 – The geographic scope of analysis for effects to federally listed<br />

species should be limited to the <strong>Loup</strong> River bypass reach (rather than the <strong>Loup</strong> River<br />

Basin) and the lower Platte River to its confluence with the Missouri River for the listed<br />

interior least tern and piping plover since the <strong>District</strong>’s Project and operations have no<br />

effect on the <strong>Loup</strong> River or the species upstream of the Project diversion weir.<br />

18. Additionally, the geographic scope of analysis for effects to the pallid sturgeon should be<br />

limited to the lower Platte River from the confluence with the Elkhorn River to the<br />

confluence with the Missouri River since the pallid sturgeon is not known to inhabit the


<strong>Loup</strong> River Hydroelectric Project<br />

FERC Project No. 1256<br />

Docket 1256-029<br />

Scoping Document 1 Comments<br />

Platte River above the Elkhorn River (Peters, Edward J., and James E. Parham. 2007.<br />

“Draft Ecology and Management of Sturgeon in the Lower Platte River, Nebraska.”<br />

Nebraska Technical Series No. 18. Nebraska Game and Parks Commission. Lincoln,<br />

Nebraska.)<br />

19. Pg. 13, Section 4.2.1 – evaluation of effects of shoreline erosion due to operation,<br />

maintenance and recreational boating should be limited to the shoreline within the Project<br />

Boundary.<br />

20. Pg. 13, Section 4.2.2, 2 nd bullet – As discussed at the scoping meeting on January 13,<br />

2009, during development of the PAD, the <strong>District</strong> researched potential impacts of<br />

project operations on bacteria levels in public water wells along the <strong>Loup</strong> River bypass<br />

reach. It was determined that there is no apparent linkage between project operations<br />

(and resulting low flows in the <strong>Loup</strong> River bypass reach) and bacteria levels (see LPD<br />

PAD, Pg. 6-21). Therefore, the <strong>District</strong> suggests that this issue be eliminated.<br />

21. Pg. 13, Section 4.2.2, 7 th bullet – During pre-PAD consultation with the <strong>District</strong>, the<br />

Nebraska Game and Parks Commission (NGPC) indicated that their primary concerns<br />

related to fish passage were for sport fish, namely the channel catfish. Therefore, the<br />

<strong>District</strong> requests that the scope of analysis for effects on fish passage and aquatic species<br />

distribution in the <strong>Loup</strong> River be limited to the channel catfish.<br />

22. Pg. 13, Section 4.2.2, 8 th bullet – The <strong>District</strong> notes that when no water is being released<br />

from the Columbus <strong>Power</strong>house, water is flowing into the tailrace canal from the Lost<br />

Creek Flood Control Channel. Therefore, hydrocycling operations do not result in flows<br />

in the tailrace that would result in fish stranding or mortality. The <strong>District</strong> requests that<br />

evaluation of fish stranding and mortality due to hydrocycling be limited to the lower<br />

Platte River below the tailrace.<br />

23. Pg. 14, Section 4.2.4, 1 st bullet – the pallid sturgeon is not known to inhabit the <strong>Loup</strong><br />

River and it is only known to inhabit the Platte River below the confluence with the<br />

Elkhorn River. Therefore, the <strong>District</strong> requests that the scope of analysis regarding<br />

effects to pallid sturgeon be limited to effects below the Elkhorn River.<br />

24. Pg. 15, Section 4.2.6, 2 nd bullet – The <strong>District</strong> requests clarification of the term “project<br />

area.” Review of aesthetics should be limited to those areas within the Project Boundary.<br />

25. Pg. 16, Section 4.3, last 2 bullets – these two data collection efforts were proposed as<br />

studies by the <strong>District</strong>; what is the Commission’s intent by “recommend(ing) [them] at<br />

this time?” There is no compelling reason that the Recreation User Survey and the Land<br />

Use Inventory should be done immediately since there are no high value or irreplaceable<br />

resources to be protected. The <strong>District</strong> maintains that these measures should be done in<br />

conjunction with the other study efforts listed at the beginning of section 4.3.<br />

26. Pg. 17, Section 5.0, 5 th bullet – projects to benefit fish and wildlife (including T&E<br />

species) should be added to this list.<br />

27. Pg. 20, Section 8.0 – The Platte River Recovery Implementation Program cooperative<br />

agreement should be included in the list of Comprehensive Plans.


<strong>Loup</strong> <strong>Power</strong> <strong>District</strong> Comments related to the Scoping Meetings:<br />

<strong>Loup</strong> River Hydroelectric Project<br />

FERC Project No. 1256<br />

Docket 1256-029<br />

Scoping Document 1 Comments<br />

28. At the January 13, 2009 scoping meeting, the U.S. Fish and Wildlife suggested that the<br />

<strong>District</strong> is contributing to water depletions on the Platte River by allowing irrigators with<br />

a Nebraska water right to withdraw water from the canal rather than at the point of<br />

diversion (which is the location where the water right is granted by the Nebraska<br />

Department of Natural Resources). The <strong>District</strong>’s actions, allowing irrigators to access<br />

and withdraw water from the canal, are consistent with Articles 13 and 18 of the<br />

<strong>District</strong>’s current operating license (issued December 29, 1982).


FEDERAL ENERGY REGULATORY COMMISSION<br />

WASHINGTON, D.C. 20426<br />

February 10, 2009<br />

OFFICE OF ENERGY PROJECTS<br />

Neal Suess, President/CEO<br />

<strong>Loup</strong> <strong>Power</strong> <strong>District</strong><br />

P.O. Box 988<br />

2404 15 th Street<br />

Columbus, Nebraska 68602<br />

Project No. 1256-029 – Nebraska<br />

<strong>Loup</strong> River Hydroelectric Project<br />

<strong>Loup</strong> River Public <strong>Power</strong> <strong>District</strong><br />

Reference: Staff comments on <strong>Loup</strong> River Hydroelectric Project Preapplication<br />

Document and Study Request<br />

Dear Mr. Suess:<br />

Federal Energy Regulatory Commission (Commission) staff, after<br />

reviewing the <strong>Loup</strong> River Public <strong>Power</strong> <strong>District</strong>’s (<strong>Loup</strong> <strong>Power</strong> <strong>District</strong>) Pre-<br />

Application Document (PAD) for the <strong>Loup</strong> River Hydroelectric Project (project)<br />

and the transcripts of our January 12 and 13, 2009, scoping meetings, have no<br />

comments on the PAD. We do have one study request at this time (attached in<br />

schedule A). Please note that staff may determine a need for additional studies or<br />

information upon receipt and review of scoping comments, study requests, and the<br />

applicant’s proposed study plan.<br />

If you have any questions, please contact Kim Nguyen at (202) 502-6105,<br />

or via e-mail at kim.nguyen@ferc.gov.<br />

cc: Mailing List<br />

Public Files<br />

Sincerely,<br />

Jennifer Hill, Chief<br />

Hydro West Branch 1


Schedule A<br />

Study Request #1<br />

Recreation Use Within Project Boundary & Along Bypassed Reach<br />

After reviewing the information provided in the PAD as well as the<br />

comments provided during the scoping meetings held on January 12 & 13, 2009,<br />

two information gaps have been identified. Current recreational use along the<br />

<strong>Loup</strong> River bypassed reach as well as use within the project boundary along the<br />

<strong>Loup</strong> Canal is not well documented. The extent of the information gap and<br />

relative scope of the study can be established during the study plan meetings after<br />

reviewing all available information.<br />

The following study request addresses each of the seven study criteria as<br />

required in 18 C.F.R. §5.9(b):<br />

§5.9(b)(1) — Describe the goals and objectives of each study proposal and the<br />

information to be obtained.<br />

The goal of this study is to determine the demand for and existing use of<br />

the recreational facilities provided at the following areas:<br />

1) Headworks Park<br />

2) Headworks Off Highway Vehicle (OHV) Park<br />

3) Monroe <strong>Power</strong>house<br />

4) Lake North<br />

5) Lake Babcock (<strong>Loup</strong> Park)<br />

6) <strong>Power</strong>house Park at the Columbus <strong>Power</strong>house<br />

7) Tailrace Park<br />

8) <strong>Loup</strong> Lands Wildlife Management Areas<br />

9) Along the bypassed reach of the <strong>Loup</strong> River<br />

10) Within the <strong>Loup</strong> Canal<br />

11) On the <strong>Loup</strong> Canal access roads<br />

The objectives of the study are to:<br />

1) Quantify existing recreation use levels at all locations identified above.<br />

2) Document the types of recreational use occurring by season at each<br />

location.<br />

3) Identify user perceptions regarding the operation and management of<br />

outdoor recreation facilities at each location.<br />

4) Assess the impact of project operations on recreation experiences.<br />

5) Document public awareness of existing recreation facilities.<br />

6) Identify potential measures to alleviate any negative impacts as well as<br />

2


to enhance existing recreational opportunities.<br />

7) Develop a recreation plan for the project.<br />

§5.9(b)(2) — If applicable, explain the relevant resource management goals of the<br />

agencies or Indian tribes with jurisdiction over the resource to be studied.<br />

Not Applicable<br />

§5.9(b)(3) — If the requester is not a resource agency, explain any relevant public<br />

interest considerations in regard to the proposed study.<br />

Sections 4(e) and 10(a) of the Federal <strong>Power</strong> Act require the Commission<br />

to give equal consideration to all uses of the waterway on which a project is<br />

located. When reviewing a proposed action, the Commission must consider the<br />

environmental, recreational, fish and wildlife, and other non-developmental values<br />

of the project, as well as power and developmental values.<br />

Comments provided during the scoping process by representatives of the<br />

Nebraska OHV Associate indicate a strong interest in the continued provision of<br />

recreation facilities in general and specifically for off-road vehicle and camping<br />

opportunities in and around Headworks Park. In order to document existing use of<br />

the Headworks Park and other recreation amenities as well as to provide insight<br />

regarding the needs of recreationists at project facilities, a study of recreation use<br />

is relevant to the Commission’s public interest determination.<br />

It was also noted during the scoping process that no assessment of<br />

recreational use in the bypassed reach has been undertaken to date. To fully<br />

evaluate the project’s impact on boating and fishing in the bypassed reach and to<br />

balance potential recreation enhancement opportunities with their costs, a study of<br />

recreation use is needed.<br />

§5.9(b)(4) — Describe existing information concerning the subject of the study<br />

proposal, and the need for additional information.<br />

When comparing historic visitation as reported via Recreation Reports<br />

(Form 80) filed with the Commission to the more recent estimates made in the<br />

PAD, it appears that recreational use is increasing. The Form 80 also indicated<br />

that camping facilities were at 90% capacity without consideration of peak use and<br />

trails were at 85%. Since the submission of this document, trail mileage has been<br />

added to address capacity needs, but no additional campsites have been<br />

documented. Other facilities receiving high levels of use (70% capacity during<br />

non-peak weekends) included parks, playgrounds, picnic areas, tent/trailer/RV<br />

sites, and group camping areas. With the large increase is recreational visitors,<br />

3


some of these facilities may be experiencing use levels that exceed their design<br />

capacity. To better understand the types of recreational use that occurs on <strong>Loup</strong><br />

<strong>Power</strong> <strong>District</strong>’s facilities, as well as to quantify that use, a visitor use study should<br />

be conducted.<br />

Regarding the bypassed reach, no information was provided in the PAD<br />

regarding recreational use. During the public scoping meetings, it was noted that<br />

“people canoe and kayak on the bypass reach on a regular basis between Monroe<br />

and Columbus.” The existing level of recreation use should be documented so that<br />

the information may be used to inform future management recommendations.<br />

Initially, existing hydrology data should be reviewed to identify daily flow levels<br />

in the bypassed reach. This information should be augmented with an assessment<br />

of local knowledge regarding existing recreational activity within the bypassed<br />

reach to ascertain a range of flow levels that facilitates recreational use.<br />

Depending upon the level of existing use as well as latent demand identified for<br />

recreation in the bypassed reach, a controlled flow study may be warranted.<br />

§5.9(b)(5) — Explain any nexus between project operations and effects (direct,<br />

indirect, and/or cumulative) on the resource to be studied, and how the study<br />

results would inform the development of license requirements.<br />

Recreation has been identified as a legitimate project purpose by the<br />

Commission. Applicants are encouraged to develop recreation resources in such a<br />

matter that is “consistent with the needs of the area to the extent that such<br />

development is not inconsistent with the primary purpose of the project” (18<br />

C.F.R. §2.7). The <strong>Loup</strong> <strong>Power</strong> <strong>District</strong> has established a precedent over the<br />

previous 80 years of providing a wide array of outdoor recreation opportunities.<br />

An assessment of the current level of recreational use should be conducted to<br />

provide <strong>Loup</strong> <strong>Power</strong> <strong>District</strong> personnel with the knowledge to manage the<br />

recreational components of the project efficiently and effectively over the life of<br />

the next license.<br />

Project operation affects available instream flows for boating and fishing in<br />

the bypassed reach of the <strong>Loup</strong> River by diverting flows from the 31 mile reach<br />

between the headworks for the canal and the confluence of the <strong>Loup</strong> and Platte<br />

Rivers. No minimum instream flow has been established that meets the needs of<br />

all interested parties. An analysis of existing recreational use of the bypassed<br />

reach (canoes and kayaks) would help form the basis for determining the project’s<br />

ability to enhance boating opportunities.<br />

§5.9(b)(6) — Explain how any proposed study methodology (including any<br />

preferred data collection and analysis techniques, or objectively quantified<br />

information, and a schedule including appropriate field seasons(s) and the<br />

4


duration) is consistent with generally accepted practice in the scientific<br />

community or, as appropriate, considers relevant tribal values and knowledge.<br />

As stated in the PAD, the recreation user survey shall “determine the public<br />

awareness, usage, and demand of the project’s existing recreational facilities to<br />

determine if potential improvements are needed.” The most efficient way to count<br />

visitors to a recreation site is to install mechanical counters at an entrance to the<br />

parking lots at each facility. An infra-red beam counter will track hourly counts<br />

for each 24 hour time period up to one month. Data can be easily downloaded<br />

from the counter to a personal computer. Mechanical counters should be installed<br />

for 12 months in order to capture seasonal use variations.<br />

In addition to the mechanical counts, a visitor intercept study should be<br />

conducted in order to determine use patterns at each recreational facility.<br />

Conducting an on-site study also would provide a method to validate the<br />

mechanical count numbers by tracking the number of vehicles that enter the park<br />

during the time period when onsite interviews are conducted. The group size<br />

encountered will also provide an estimate of the number of individuals entering<br />

the facility per car. Sampling visitors to each site should be stratified by day of<br />

the week and time of day to ensure that the spectrum of visitors to each site are<br />

included in the survey. Similar to the mechanical counters, interviews should be<br />

conducted over a 12 month period in order to capture seasonality.<br />

The most appropriate method to assess public awareness would be to<br />

conduct a telephone or mail survey of potential users within the <strong>Loup</strong> <strong>Power</strong><br />

<strong>District</strong>’s service area. A one page questionnaire would inform the <strong>Loup</strong> <strong>Power</strong><br />

<strong>District</strong> regarding public awareness of existing facilities and provide the<br />

opportunity to gather information from former users and potential users. This<br />

study would also allow an assessment of latent demand for additional recreation<br />

opportunities.<br />

§5.9(b)(7) — Describe considerations of level of effort and cost, as applicable,<br />

and why any proposed alternative studies would not be sufficient to meet the<br />

stated information needs.<br />

The cost for preparing the study plan, conducting the studies and preparing<br />

the report is estimated to be between $90,000 and $125,000. Three sub-studies<br />

would be conducted in order to gather all of the needed information: a visitor<br />

count study; a visitor intercept study; and a potential user study.<br />

The first study would include the installation of mechanical counters (for a<br />

period of 12 months) at all established recreational sites within the project<br />

boundary [Headworks Park, Headworks OHV Park, Monroe <strong>Power</strong>house, Lake<br />

5


North, Lake Babcock (aka <strong>Loup</strong> Park), <strong>Power</strong>house Park, Tailrace Park, and <strong>Loup</strong><br />

Lands Wildlife Management Areas]. The count data would provide information<br />

on the distribution of use throughout the project boundary as well as document<br />

seasonal fluctuations in use. In addition to purchasing the counting devices, staff<br />

would need to learn how to operate and install them. On a monthly basis staff<br />

would need to download data from the counters and save it in a master data file.<br />

This portion of the study should cost between $10,000 and $15,000 depending<br />

upon the number of counters purchased and installed in the field.<br />

Individuals pursuing recreational activities would be interviewed in the<br />

second study. A stratified sample of visitors (across days of the week and time of<br />

day) would be contacted over a 12 month period. While on site, the interview<br />

staff would also be responsible for counting the number of vehicles and people<br />

using the location during the sampling time frame. These numbers would be used<br />

to validate the mechanical counters. Visitors at the established recreation sites<br />

[Headworks Park, Headworks OHV Park, Monroe <strong>Power</strong>house, Lake North, Lake<br />

Babcock (aka <strong>Loup</strong> Park), <strong>Power</strong>house Park, Tailrace Park, and <strong>Loup</strong> Lands<br />

Wildlife Management Areas] would be sampled on two week days and two<br />

weekend days per month as well as on one summer holiday (Memorial Day, July<br />

4 th , or Labor Day). Disbursed recreationists using the canal or the canal banks<br />

would be sampled on a similar schedule by having interview staff drive the canal<br />

bank on scheduled days to contact visitors and count users and vehicles. Paddlers<br />

using the bypassed reach of the <strong>Loup</strong> River would be sampled during high water<br />

events at put-in or take-out locations. This study would provide information on<br />

visitor use patterns as well as user perceptions of facilities, operations strategies,<br />

and management regulations. This portion of the study should cost between<br />

$60,000 and $80,000 assuming that interviewing is done in pairs for safety<br />

reasons.<br />

The final component of the study is a mail survey of households within the<br />

service area of the <strong>Loup</strong> <strong>Power</strong> <strong>District</strong>. Following the methods recommended by<br />

Dillman (2000), each household selected to participate in the mail study should be<br />

contacted multiple times to increase the chances of an individual completing and<br />

returning the survey. This portion of the study should cost between $20,000 and<br />

$30,000 assuming a desired sample size of 400 and a 20% response rate.<br />

References Cited<br />

Dillman, D. (2000). Mail and Internet Surveys: The tailored design method, 2 nd<br />

Ed. John Wiley & Sons, New York, NY.<br />

Form 80 (2003). Licensed Hydropower Development Recreation Report<br />

submitted by <strong>Loup</strong> <strong>Power</strong> <strong>District</strong> for the year 2002.<br />

6


PAD (2008). Pre-application document submitted by the <strong>Loup</strong> <strong>Power</strong> <strong>District</strong> on<br />

October 16, 2008 for project number 1256.<br />

<strong>Loup</strong> <strong>Power</strong> <strong>District</strong> (2009). http://www.loup.com/RECREATE.asp, accessed on<br />

January 26, 2009.<br />

7


February 10, 2009<br />

William McDonald<br />

US Department of Interior, Bureau of Reclamation<br />

1849 C Street NW<br />

Washington, DC 20240<br />

Dear McDonald;<br />

<strong>Loup</strong> <strong>Power</strong> <strong>District</strong> has identified date(s) for the Study Plan Meeting(s) to discuss and seek consensus<br />

on the proposed study plan for relicensing the <strong>Loup</strong> River Hydroelectric Project (FERC Project No.<br />

1256). The <strong>District</strong>s’ Proposed Study Plan will be issued by March 27, 2009 and will provide details of<br />

the studies proposed by the <strong>District</strong> in the PAD as well as details of any studies requested by<br />

stakeholders.<br />

Study Plan Meeting Details:<br />

April 21, 2009<br />

9:00 AM – 5:00 PM<br />

Holiday Inn Express<br />

524 E 23rd St, Columbus<br />

FERC representatives will be in attendance at the meeting. The meeting will also be available by<br />

teleconference.<br />

Lunch will be provided so we ask that you let us know how many people to expect from your agency.<br />

Please RSVP to Angell Robak, <strong>Loup</strong> <strong>Power</strong> <strong>District</strong> at arobak@loup.com or (402) 564-3171, ext. 275.<br />

If needed, follow-up meetings will be held in Columbus on May 28 and July 1 from 9:00 AM to 5:00<br />

PM to continue study plan issue resolution. Please mark your calendars.<br />

The Integrated Licensing Process (ILP) is a very fast moving process with strict deadlines; to minimize<br />

delay in transmitting information to Relicensing <strong>Part</strong>icipants the <strong>District</strong> is requesting e-mail addresses<br />

from all participants to expedite the flow of information. Please send an email to<br />

matt.pillard@hdrinc.com to receive future communication via e-mail. If you do not wish to receive<br />

future mailings, please respond accordingly.<br />

Sincerely,<br />

Lisa M. Richardson<br />

Project Manager


February 19, 2009<br />

Mr. Brian Dunnigan<br />

Nebraska Department of Natural Resources<br />

301 Centennial Mall South<br />

P.O. Box 94676<br />

Lincoln, NE 68509-4676<br />

RE: <strong>Loup</strong> <strong>Power</strong> <strong>District</strong> Hydroelectric Project<br />

Dear Brian:<br />

I am writing to request a one-on-one meeting with you to discuss unresolved issues related to the<br />

<strong>District</strong>’s hydroelectric relicensing as well as other water rights administration issues that the<br />

<strong>District</strong> and the DNR staff have previously discussed. To date, our efforts to schedule a meeting<br />

and resolve these issues have been unsuccessful and I would like to meet with you to discuss<br />

how the <strong>District</strong> and the DNR can work together to get these issues resolved. After our one-onone<br />

meeting, I propose a meeting between our respective staffs to work out the details on the<br />

issues.<br />

The <strong>District</strong> is committed to working with all agencies to resolve issues related to relicensing as<br />

well as non-relicensing issues. Further, we have a long-standing relationship with the DNR and<br />

we will be working with your agency well beyond the relicensing effort. If you have any<br />

questions, please feel free to contact me (402) 564-3171, ext. 268.<br />

Regards,<br />

Neal Suess<br />

President/CEO<br />

cc: Lisa Richardson, HDR<br />

Ron Ziola, LPD<br />

s:\Hydro Relicensing\DNR-dunnigan_letter-Feb09


~0090227-0077 FERC PDF (Unofficial) 02/24/2009<br />

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~0090227-0074 FERC PDF (Unofficial) 02/27/2009<br />

To: Federal Energy Regulatory Commission From: Brad L Wells<br />

Kimberly D. Bose, Secretary<br />

888 First Street, N.E., Room 1A<br />

Washington, D.C. 20426<br />

In Regards to the <strong>Loup</strong> River Project No. 1256-029<br />

, I ~--3<br />

• . _.°<br />

i i First ~want to thank you for the opportunity to comment on the re-licensing<br />

process of~ Loep river Hydroelectric Project located near Genoa, Nebraska.<br />

Our particular interest in the area is the OHV Park located at the<br />

Headworks. For the most part we are off season riders. Our machines are the<br />

bigger utility type. But we still like to play in the sand. We live within a half hour<br />

of the park and it makes for a nice area for an evening outing, or just a spur of the<br />

moment decision to go ride.<br />

Several things make it a very attractive area for us. There are good roads to<br />

it and it is well maintained. It's close to home and there are good services offered<br />

in the nearby towns of Genoa or Fullerton. There are very nice camping areas,<br />

good fishing, and swimming.<br />

And if for nothing else, and ability to see this side of the Hydroelectric operation<br />

is fascinating. It's basically a no impact area as far as disturbing wildlife and or<br />

other users.<br />

In fact, even at the busier times, a multitude a wildlife can be observed.<br />

Bottom line, it seems like a good marriage of a clean efficient established<br />

power source, a sizable economic benefit to the area, and a popular recreation area<br />

for many different interest that coexist well together.<br />

A quick note to share before closing, while shopping at the Bass Pro shop in<br />

Council Bluffs, Iowa I was chatting with ATV rep and we found we had common<br />

interest in the Headworks park. It seems that even though he was a distance away,<br />

the area is popular with his family and friends.<br />

Near or far it's an important place to many and we take this oppommity to<br />

ask for its Continuation.<br />

Again, for my family and the other users<br />

Thank Yon.<br />

Brad L Wells


A5627 (MWR-P/RTCA<br />

March 9, 2009<br />

Ms. Kimberly Bose<br />

Federal Energy Regulatory Commission<br />

888 First Street NE., Room 1A<br />

Washington, DC 20426<br />

Subject: National Park Service comments on Pre-Application Document (PAD) and<br />

Scoping Document (SD1); <strong>Loup</strong> River Hydroelectric Project; Federal Energy Regulatory<br />

Commission Project Number 1256-029; Nance and Platte Counties, Nebraska.<br />

Dear Ms. Bose:<br />

The National Park Service (NPS) reviews and comments on the Federal Energy Regulatory<br />

Commission (FERC) hydroelectric power projects based on the authority given to us through the<br />

Federal <strong>Power</strong> Act (18 CFR 4.38 (a), 18 CFR 16.8(a), and 18 CFR 4.51(f) (4)(5) & (6)); the<br />

Outdoor Recreation Act of 1963; and the Wild and Scenic Rivers Act of 1968.<br />

Pursuant to Section 4(e) of the Federal <strong>Power</strong> Act, FERC must consider recreational<br />

opportunities and environmental resource protection when considering licensing decisions. In<br />

addition, FERC requires that applicants consult with the NPS in preparing their license<br />

applications (section 4.38(a)). Public Law 88-29, the Outdoor Recreation Act, was enacted to<br />

promote coordination of activities generally relating to outdoor recreation resources including<br />

rivers and trails. The National Wild and Scenic Rivers Act, Section 11(b), also directs us to<br />

assist, advise, and cooperate with governments, landowners, or individuals to plan, protect, and<br />

manage river and river-related resources. Consequently, the NPS provides technical assistance<br />

in hydroelectric power project licensing in compliance with these laws.<br />

The primary interests of NPS in this project, as well as many other hydroelectric relicensing<br />

projects, are recreation, land use, and aesthetics. Relating to these interests, environmental<br />

resources and project operations also are of importance. The NPS has reviewed the <strong>Loup</strong> River<br />

Hydroelectric Project Pre.-Application Document (PAD) as well as the FERC Scoping<br />

Document (SD1). Prior to this review, the NPS provided input and participated in initial<br />

meetings conducted by the licensee (<strong>Loup</strong> <strong>Power</strong> <strong>District</strong>) relating to project overview and<br />

identification of key issues. The NPS is appreciative of this effort and believes early review and<br />

involvement of applicable resource agencies and interest groups is valuable for the project<br />

analysis and participation process. Following are NPS comments relating to the PAD and SD1.


Pre-Application Document (PAD)<br />

Recreation inventory and opportunities are well documented. This information will be valuable<br />

in studies and analysis within the Environmental Assessment (EA) to be undertaken as part of<br />

the FERC relicensing process.<br />

Current recreational use of project lands and waters compared to facility or resource capacity” 18<br />

CFR 5.6(d) (3)(viii)(B) Although a description and brief analysis of project related recreation is<br />

given, further study and specific measures relating to recreational needs ,opportunities, and<br />

capacity is necessary. Reference is made to section 6.2 of the document listing a Recreational<br />

User Survey study to be undertaken. The NPS believes it is premature in the PAD to state that<br />

“Therefore, potential increases in future recreation facility demand could be accommodated by<br />

the existing facilities” (last sentence subsection 5.7.2).<br />

In relation to Non-Recreational Land Use and Land Management, a more detailed map is<br />

recommended that, in addition to figure 5-9, identifies and shows all lands/land uses within and<br />

adjacent to the <strong>Loup</strong> <strong>Power</strong> <strong>District</strong> boundary (subsection 5.7.9). This map would provide<br />

additional information for the Land Use Inventory (listed within section 6.2) and assist in<br />

locating any existing conflicts and/or opportunities for future recreational access area(s).<br />

Through site review and discussions, the NPS has noted that Tailrace Park is in need of further<br />

maintenance and upgrading. A plan for this park should be discussed as part of the <strong>Loup</strong> <strong>Power</strong><br />

<strong>District</strong> recreation facilities analysis and identified as a potential Protection, Mitigation and<br />

Enhancement (P,M&E) measure. An upgrade of this park relates to recreation, land use, and<br />

aesthetics.<br />

Scoping Document (SD1)<br />

The NPS is in agreement with the SDI pertaining to analysis of existing recreational facilities<br />

within the project boundary to current and futures recreation demand, including barrier-free<br />

access. Said analysis to be addressed within the EA.<br />

The Recreational User Survey should be developed to incorporate both visitor use as well as<br />

facilities analysis in relation to recreational opportunities, demand, and capacity. The survey<br />

instrument(s) should be reviewed by applicable resources agencies for input and discussion prior<br />

to use.<br />

The NPS is in agreement with the SD1 pertaining to analysis of encroaching vegetation and bank<br />

stabilization measures along shoreline areas on aesthetic resources within the project area.<br />

Existing and future shoreline protection and enhancement measures should be identified and<br />

discussed in the EA.<br />

2


Thank you for the opportunity to comment on the PAD and SD1 for the <strong>Loup</strong> River<br />

Hydroelectric Project. If you have any questions or need clarification, feel free to contact Randy<br />

Thoreson at (651) 290-3004 or randy_thoreson @nps.gov.<br />

cc:<br />

<strong>Loup</strong> <strong>Power</strong> <strong>District</strong> (Attn: Neil Suess)<br />

FERC (Attn: Kim Nguyen and Mark Ivy)<br />

HDR; Minneapolis, MN (Attn: George Waldo)<br />

FWS; Grand Island, NE (Attn: Robert Harms)<br />

Sincerely,<br />

/S/ Randall R. Thoreson<br />

Randall R. Thoreson<br />

Outdoor Recreation Planner/Hydro<br />

Midwest Region<br />

National Park Service<br />

3


March 13, 2009<br />

Honorable Kimberly D. Bose, Secretary<br />

Federal Energy Regulatory Commission<br />

888 First Street NE<br />

Washington, DC 20426<br />

Subject: <strong>Loup</strong> River Hydroelectric Project<br />

FERC Project No. 1256<br />

Docket 1256-029<br />

Dear Secretary Bose,<br />

Via Electronic Filing<br />

<strong>Loup</strong> <strong>Power</strong> <strong>District</strong> (the <strong>District</strong>) has researched additional information relative to whooping<br />

cranes and the potential for impacts to these species associated with the <strong>Loup</strong> River<br />

Hydroelectric Project. The <strong>District</strong> respectfully submits the attached information for<br />

consideration by the Commission in developing Scoping Document 2 and the environmental<br />

assessment for relicensing the project.<br />

Respectfully Submitted,<br />

Neal D. Suess<br />

President/CEO<br />

<strong>Loup</strong> <strong>Power</strong> <strong>District</strong><br />

Attachment


WHOOPING CRANE POWER LINE IMPACT EVALUATION<br />

Based on the following factors, the <strong>District</strong> proposes that the transmission and<br />

distribution line impact evaluation, as recommended by the U.S. Fish and Wildlife<br />

Service (USFWS), is not necessary to facilitate Project relicensing:<br />

1. The <strong>District</strong> does not own any overhead transmission voltage lines (lines<br />

with a voltage above 115 kilovolts [kV]). The sub-transmission and<br />

distribution lines that the <strong>District</strong> owns are independent of the Project (are<br />

not interrelated or interdependent). These power lines would remain in use<br />

regardless of Project relicensing. The <strong>District</strong>’s only overhead subtransmission<br />

and distribution lines interrelated to Project operations are<br />

those located within the Project Boundary1 that are used to provide power<br />

to the Project Headworks and developed recreation areas.<br />

2. No whooping crane sightings have been documented within the Project<br />

Boundary. The nearest point of the Project Boundary is located<br />

approximately 35 miles east of the whooping crane’s primary migration<br />

corridor, 2 as defined by the U.S. Geological Survey (USGS) (USGS,<br />

August 3, 2006), the Nebraska Game and Parks Commission (NGPC)<br />

(NGPC, November 2002), and USFWS (Stehn, June 1, 2007). This<br />

primary migration corridor is also referred to as the 100-mile-wide<br />

migration corridor by USFWS (Stehn, June 1, 2007). Maps showing these<br />

corridors are included at the end of this response.<br />

3. Throughout the entire 100-mile-wide migration corridor, which spans from<br />

northern Alberta Canada to southern Texas, the USFWS report has not<br />

documented any whooping crane collisions with power lines east of the<br />

USFWS-delineated 100-mile-wide migration corridor (Stehn, June 1,<br />

2007). The Project Boundary is located east of the migration corridor.<br />

1. USFWS STUDY REQUEST<br />

In response to the <strong>District</strong>’s Pre-Application Document (PAD) (<strong>Loup</strong> <strong>Power</strong> <strong>District</strong>,<br />

October 16, 2008) and FERC’s Scoping Document 1 (FERC, December 12, 2008),<br />

USFWS issued comments on these documents on February 9, 2009. On page 2 of its<br />

comment letter, USFWS recommended that the <strong>District</strong> evaluate all transmission and<br />

distribution lines owned and maintained by the <strong>District</strong> and/or power lines that are<br />

1 The Project Boundary is defined and shown in Figure 4-1, Sheets 1-14, in the PAD.<br />

2 All references in this document to whooping cranes and the whooping crane migration corridor<br />

are specific to the Aransas-Wood Buffalo National Park population, which migrates between<br />

Wood Buffalo National Park in northern Alberta Canada and the Aransas Wildlife Refuge in<br />

southeast Texas (Canadian Wildlife Service and USFWS, March 2007).<br />

<strong>Loup</strong> River Public <strong>Power</strong> <strong>District</strong> 1 March 2009<br />

FERC Project No. 1256


located within the Project Boundary for their potential to impact migrating whooping<br />

cranes.<br />

2. DISTRICT RESPONSE TO STUDY REQUEST<br />

The following sections detail the <strong>District</strong>’s justification for proposing that the<br />

transmission and distribution line impact evaluation as proposed by USFWS is not<br />

necessary to facilitate Project relicensing.<br />

2.1 Project-Associated Transmission Lines<br />

Consistent with the following excerpt from Section 4.2.21 of the PAD, no overhead<br />

transmission voltage lines are included in the Project or contingent upon relicensing:<br />

All power produced at the Monroe and Columbus powerhouses is sold<br />

at the on-site substations to NPPD. For this reason, no overhead<br />

transmission voltage lines are associated with the Project license. The<br />

<strong>District</strong> does own and maintain extensive overhead distribution voltage<br />

lines to serve customers throughout its four-county service area.<br />

However, none of these lines are directly associated with the Project.<br />

FERC defines transmission lines as being 115 kV and above. According to this<br />

definition, the <strong>District</strong> does not own any transmission lines. All transmission lines<br />

previously owned by the <strong>District</strong> were sold to the Nebraska Public <strong>Power</strong> <strong>District</strong><br />

(NPPD) in November 1981. All lines currently owned by the <strong>District</strong> are subtransmission<br />

or distribution lines.<br />

The overhead sub-transmission and distribution lines associated with the <strong>District</strong>’s<br />

four-county service area are independent of Project relicensing. These lines distribute<br />

power purchased from NPPD to the four-county area regardless of whether the power<br />

is generated at the Project or another power generating facility.<br />

The only overhead power lines directly related to Project relicensing are the subtransmission<br />

and distribution lines that provide power to the Project Headworks and<br />

developed recreation areas that are located inside the Project Boundary.<br />

2.2 Whooping Crane Occurrences in the Project Boundary<br />

There are no documented whooping crane sightings in the Project Boundary (NGPC,<br />

October 2, 2008).<br />

The nearest point of the Project Boundary lays approximately 35 miles east of the<br />

USGS-delineated whooping crane primary migration corridor, an area in which<br />

82 percent of all confirmed post-1949 sightings in Nebraska occur (USGS, August 3,<br />

<strong>Loup</strong> River Public <strong>Power</strong> <strong>District</strong> 2 March 2009<br />

FERC Project No. 1256


2006) 3 . USGS determined the primary migration corridor through Nebraska to be<br />

between 100 and 120 miles wide by plotting all of the confirmed sightings in the state<br />

during the last 30 years and drawing straight lines to enclose 70 to 100 percent of the<br />

sightings at each latitude (USGS, August 3, 2006). USGS goes on to state that “the<br />

remaining sightings [outside of the primary migration corridor] are primarily to the<br />

west [of the primary migration corridor].” As stated previously, the Project Boundary<br />

is 35 miles east of the primary migration corridor.<br />

In its February 9, 2009, comment letter, USFWS states that the Project Diversion<br />

Weir lies within the migration corridor of the whooping crane. USFWS then provides<br />

the three whooping crane sightings nearest, but not within, the Project Boundary. The<br />

<strong>District</strong> provides the following clarifications to these statements:<br />

• Concerning the USFWS definition of whooping crane migration corridor,<br />

USFWS is consistent with USGS and NGPC in assigning a 100-mile-wide<br />

migration corridor in which USFWS states that 82 percent of all known<br />

sightings have occurred (Stehn, June 1, 2007). The Project Boundary is<br />

approximately 35 miles east of this 100-mile-wide migration corridor, as<br />

defined by USFWS. Beyond the 100-mile-wide migration corridor agreed<br />

upon by multiple agencies, USFWS also defines a more liberal 200-milewide<br />

corridor in which an additional 12 percent of all known sightings have<br />

occurred (total of 94 percent of all known sightings) (Stehn, June 1, 2007).<br />

The Project is located within this expanded, 200-mile-wide corridor.<br />

• The three documented sightings noted by USFWS represent isolated<br />

occurrences that span a 12-year time frame. The closest sighting was<br />

3 miles west of the Project Boundary.<br />

2.3 Whooping Crane <strong>Power</strong> Line Collisions<br />

In a draft document by Mr. Tom Stehn, USFWS Whooping Crane Coordinator, titled<br />

“Whooping Cranes and Wind Farms – Guidance for Assessment of Impacts,”dated<br />

June 1, 2007, Mr. Stehn not only discusses the potential for whooping crane collisions<br />

with wind turbines, but also the potential for collisions with associated power lines<br />

(Stehn, June 1, 2007). Mr. Stehn states that along the entire 200-mile-wide migration<br />

corridor (Alberta to Texas), there are nine documented whooping crane collisions<br />

with power lines. Based on the location of the documented collisions in relation to<br />

the 100- and 200-mile-wide corridors, Mr. Stehn states that “The chance for a<br />

whooping crane colliding with a [wind] turbine or associated power line is much<br />

greater within the main 100-mile whooping crane migration corridor, less in the<br />

3 NGPC has delineated a primary migration corridor which is very consistent with that delineated<br />

by USGS. NGPC also states that 80 percent of confirmed sightings occur within this corridor<br />

(NGPC, February 2002).<br />

<strong>Loup</strong> River Public <strong>Power</strong> <strong>District</strong> 3 March 2009<br />

FERC Project No. 1256


100 to 200 mile-wide corridor, and negligible outside the 200-mile corridor” (Stehn,<br />

June 1, 2007). More specifically, the document provides the following collision data:<br />

• Seven of the nine collisions (77 percent) occurred within the 100-mile-wide<br />

corridor.<br />

• One of the nine collisions (11 percent) occurred within the 200-mile-wide<br />

corridor, west of the 100-mile-wide corridor.<br />

• One of the nine collisions (11 percent) occurred west of the 200-mile-wide<br />

corridor.<br />

In summary, over the entire length of the primary migration corridor, there are no<br />

documented whooping crane collisions with power lines east of that corridor. The<br />

Project is located 35 miles east of the primary migration corridor.<br />

3. REFERENCES<br />

Canadian Wildlife Service and USFWS. March 2007. International Recovery Plan<br />

for the Whooping Crane (Grus americana). Ottawa: Recovery of Nationally<br />

Endangered Wildlife (RENEW) and U.S. Fish and Wildlife Service,<br />

Albuquerque, New Mexico. Available online at<br />

http://ecos.fws.gov/docs/recovery_plan/070604_v4.pdf.<br />

FERC. December 12, 2008. Scoping of Environmental Issues for Relicensing the<br />

<strong>Loup</strong> River Hydroelectric Project. Office of Energy Projects. Washington<br />

D.C.<br />

<strong>Loup</strong> <strong>Power</strong> <strong>District</strong>. October 16, 2008. Pre-Application Document. Volume 1.<br />

<strong>Loup</strong> River Hydroelectric Project. FERC Project No. 1256.<br />

NGPC. November 2002. Whooping crane (Grus americana): Migration Distribution<br />

in Nebraska – February 2002. NE T.G. Notice 522, Section II, NRCS.<br />

NGPC. October 2, 2008. Personal communication (email) from Krystal Stoner,<br />

Environmental Analyst Supervisor, Nebraska Natural Heritage Program,<br />

Nebraska Game and Parks Commission, to Melissa Marinovich,<br />

Environmental Scientist, HDR.<br />

Stehn, Tom. June 1, 2007. “Whooping Cranes and Wind Farms – Guidance for<br />

Assessment of Impacts.” U.S. Fish and Wildlife Service, Whooping Crane<br />

Coordinator. Available online at http://www.neo.ne.gov/renew/wind-workinggroup/wind-whoopingcranes.pdf.<br />

USFWS. February 9, 2009. Letter from June M. DeWeese, Nebraska Field<br />

Supervisor, to Ms. Kimberly Bose, Federal Energy Regulatory Commission,<br />

regarding comments on the Pre-Application and Scoping Documents for the<br />

<strong>Loup</strong> River Hydroelectric Project.<br />

<strong>Loup</strong> River Public <strong>Power</strong> <strong>District</strong> 4 March 2009<br />

FERC Project No. 1256


USGS. August 3, 2006. “Platte River Ecology Study: Whooping Cranes.” Northern<br />

Prairie Wildlife Research Center.<br />

http://www.npwrc.usgs.gov/resource/habitat/plriveco/wcranes.htm.<br />

<strong>Loup</strong> River Public <strong>Power</strong> <strong>District</strong> 5 March 2009<br />

FERC Project No. 1256


<strong>Loup</strong> River Hydroelectric Project location relative to whooping crane migration corridor<br />

and conrmed sightings (1950-spring 1980) in Nebraska.<br />

0 10 20 30<br />

MILES<br />

Niobrara River<br />

North Pla te River<br />

South Platte River<br />

North <strong>Loup</strong> River<br />

Dismal River<br />

Critical Habitat<br />

Rainwater Basin Area<br />

Migration Corridor<br />

Conrmed Whooping Crane Sighting<br />

Republican River<br />

Platte River<br />

Calamus River<br />

Middle <strong>Loup</strong> River<br />

South <strong>Loup</strong> River<br />

Source: Basemap - USGS Platte River Ecology Study, Figure 13, accessed from<br />

http://www.npwrc.usgs.gov/resource/habitat/plriveco/gures/g13.htm<br />

Mud Creek<br />

Cedar River<br />

Oak Creek<br />

Elkhorn River<br />

Beaver Creek<br />

Platte River<br />

<strong>Loup</strong> River<br />

Hydroelectric<br />

Project<br />

Columbus<br />

Missouri River


NOTE: <strong>Loup</strong> River Hydroelectric Project has been superimposed on whooping crane migration<br />

corridor base map from Nebraska Game and Parks Commission.<br />

<strong>Loup</strong> River<br />

Hydroelectric<br />

Project


Selzle, Lydia<br />

From: Damgaard, Quinn V.<br />

Sent: Monday, March 23, 2009 9:22 AM<br />

To: John.Bender@NDEQ.State.NE.US<br />

Cc: Pillard, Matt; Richardson, Lisa (Omaha)<br />

Subject: Request: LPD Fish Kill Individual Reporting Sheets<br />

John:<br />

In the text you provided Mr. Matt Pillard in July 2008 (below) you referenced individual<br />

reporting sheets concerning project-related fish kills. To my knowledge, neither HDR nor LPD<br />

has requested these to date. This information may now prove valuable and your transmittal of<br />

this info would be appreciated at your earliest convenience.<br />

Thanks for your continued assistance on the LPD Relicensing Project.<br />

Quinn Damgaard<br />

Environmental Scientist<br />

HDR Engineering, Inc.<br />

8404 Indian Hills Drive<br />

Omaha, NE 68114-4049<br />

Phone: 402.399.1041<br />

Fax: 402.399.1111<br />

-----Original Message-----<br />

From: John.Bender@NDEQ.State.NE.US [mailto:John.Bender@NDEQ.State.NE.US]<br />

Sent: Thursday, July 03, 2008 2:46 PM<br />

To: Pillard, Matt<br />

Subject: Re: <strong>Loup</strong> <strong>Power</strong> <strong>District</strong> Hydro Project - June 25 Agency Meeting Notes<br />

Matt,<br />

Here is the information I promised. The file with fish kill info is just a summary of those<br />

involving the <strong>Power</strong> Canal, the <strong>Loup</strong> River below the diversion, Tail Race, and Lakes Babcock<br />

and North. Not included is info on kills in the Platte River around Columbus because all of<br />

them were above the Tail Race confluence. There are individual reporting sheets on each kill<br />

if you need them.<br />

I have also included the Integrated Reports from 2004, 2006 and 2008. They are prepared<br />

every other year to satisfy both our 305b and 303d obligations. The 303d (list of impaired<br />

waters ) is included within this<br />

report. Listings of <strong>Part</strong> 4 or 5 are waters with problems. Note that the<br />

most recent approved Report as far as EPA is concerned is our 2004 submittal. They have yet<br />

to take action on the 2006 and 2008 submittals.<br />

However for our purposes, we view the 2008 Report as the one that guides our actions. Look<br />

for the following entries:<br />

LO1-L0060, LO1-L0070, LO1-L0080, LO1-L0090, LO1-L0100; these are the Headgate ponds 1 thru 5<br />

(they may have been combined so that there are only two in existence, but this is how they<br />

are listed).<br />

LO1-10000, LO1-20000; <strong>Loup</strong> River segments below the diversion LO1-20200; this is the <strong>Power</strong><br />

canal within the <strong>Loup</strong> Basin LP1-L0440, LP1-L0450; Lakes North and Babcock LP1-21800; <strong>Power</strong><br />

canal within the Lower Platte Basin (include a portion of the tail race) MP1-10200; <strong>Power</strong><br />

canal within the Middle Platte Basin (lower end of tail<br />

1


ace)<br />

(See attached file: <strong>Loup</strong>FishKills.xls)(See attached file: 2008 final IR.pdf)(See attached<br />

file: Draft 2006 Integrated Report.pdf)(See attached<br />

file: 2004 Integrated Report-final.pdf)<br />

John F. Bender<br />

Water Quality Standards Coordinator<br />

Nebraska Department of Environmental Quality<br />

402/471-4201<br />

"Pillard, Matt"<br />

To<br />

"Anna Baum"<br />

07/02/2008 04:00 , "Barb<br />

PM Friskopp"<br />

<br />

, "Bobbie Kriz-Wickham"<br />

,<br />

"Butch Koehlmoos"<br />

, "David Jundt"<br />

, "Frank<br />

Albreicht"<br />

,<br />

"Henry Santin"<br />

, "Jason<br />

Alexander" ,<br />

"Jean Angell" ,<br />

"Joe Cothern"<br />

, "John<br />

Bender"<br />

,<br />

"Justin Lavene"<br />

,<br />

"Lacie Andreason"<br />

, "Mark<br />

Czaplewski" ,<br />

"Randy Thoreson"<br />

, "Richard<br />

Hadenfeldt"<br />

, "Robert<br />

Harms" ,<br />

"Robert Puschendorf"<br />

<br />

cc<br />

Subject<br />

<strong>Loup</strong> <strong>Power</strong> <strong>District</strong> Hydro Project -<br />

June 25 Agency Meeting Notes<br />

2


Good afternoon!<br />

As the point of contact for your respective agency for the <strong>Loup</strong> <strong>Power</strong> <strong>District</strong> Hydro Project,<br />

please find attached a draft copy of the meeting notes and associated attachments. Please<br />

distribute as needed to your fellow agency representatives.<br />

If you have questions or comments on the meeting notes and/or attachments to the notes,<br />

please consolidate your agency's comments and send them to my attention on or before 12:00<br />

p.m. on Friday July 11, 2008. You can make your comments in track changes directly to the<br />

Microsoft Word document if you choose. A final version of the meeting notes will be placed on<br />

the Project web site (http://www.loup.com/relicense/) by Monday July 14, 2008.<br />

Also, for your information, I have attached two examples of final study requests from other<br />

relicensing projects.<br />

Thank you.<br />

Matt Pillard, AICP<br />

Environmental Planner<br />

HDR | ONE COMPANY | Many Solutions Sol<br />

8404 Indian Hills Drive | Omaha, NE | 68114-4098<br />

Phone: 402.399.1186 | Cell: 402.689.5187| Fax: 402.399.1111<br />

Email: Matt.Pillard@hdrinc.com<br />

[attachment "nAgency.080625.Issues.doc" deleted by John Bender/NDEQ] [attachment<br />

"nAgency.080625_Attachments.pdf" deleted by John Bender/NDEQ] [attachment<br />

"Mystic.StudyRequest14.Recreation_Counts.pdf" deleted by John Bender/NDEQ] [attachment<br />

"Mystic.StudyRequest7_Temperature_Monitoring.pdf"<br />

deleted by John Bender/NDEQ] (Embedded image moved to file: pic15144.jpg)<br />

3


Selzle, Lydia<br />

From: Neal Suess [nsuess@loup.com]<br />

Sent: Thursday, March 26, 2009 1:26 PM<br />

To: brian.dunnigan@nebraska.gov<br />

Subject: Potential Meeting between <strong>Loup</strong> <strong>Power</strong> <strong>District</strong> Staff and DNR Staff<br />

Brian:<br />

It has been several weeks since we had our meeting and I wanted to go ahead try to set up a meeting between our<br />

respective staffs (including you and I) to discuss various issues that we talked about in late February. As I have<br />

said previously, it is my belief that the DNR and the <strong>District</strong> have many common goals and a meeting of our staff's<br />

could go along way to understanding our issues that we have. These issues would include:<br />

1. water rights on the <strong>Loup</strong> River<br />

2. DNR concerns with the <strong>District</strong>'s relicensing effort<br />

3. other issues that have developed over the past several years<br />

We have looked at our calendars here at the <strong>District</strong> and we offer up the following dates for a potential meeting<br />

between us.<br />

April 6, Monday<br />

April 24, Friday<br />

April 27, Monday<br />

We would be willing to meet either here at our offices in Columbus or in Lincoln at your offices, whichever is most<br />

convenient for you. If none of these dates work, we would be happy to look and see if we can find a convenient<br />

date that works for us in May.<br />

Thanks for your time in meeting with me the other day and I look forward to hearing from you on when we might be<br />

able to get together and discuss these issues.<br />

Neal Suess, P.E.<br />

<strong>Loup</strong> <strong>Power</strong> <strong>District</strong><br />

P.O. Box 988 (2404 15th Street)<br />

Columbus, NE 6860290988<br />

Phone: 402956493171<br />

Fax: 402956490970<br />

Cell: 402991098979<br />

E9Mail: nsuess@loup.com<br />

1


March 26, 2009<br />

Ansley Griffin, Chairman<br />

Omaha Tribal Council<br />

Omaha Tribe of Nebraska<br />

P.O. Box 368<br />

Macy, NE 68039<br />

Reference: <strong>Loup</strong> River Hydroelectric Project<br />

Platte and Nance counties, Nebraska<br />

FERC Project No. 1256<br />

Docket No. P-1256-029<br />

Dear Mr. Griffin:<br />

On October 23, 2008, the Federal Energy Regulatory Commission (FERC) notified you<br />

about the <strong>Loup</strong> River Hydroelectric Project and invited you to participate in the<br />

relicensing process. The <strong>Loup</strong> River Public <strong>Power</strong> <strong>District</strong> (<strong>District</strong>) has been tasked by<br />

FERC to develop various documents and studies that will assist their consideration of the<br />

relicensing application. The <strong>District</strong> is also tasked to help coordinate consultation with<br />

interested parties and ensure appropriate communication with tribal staff; particularly<br />

with regard to the requirements of the National Environmental Policy Act (NEPA) and<br />

Section 106 of the National Historic Preservation Act (Section 106). With this letter, I<br />

wish to extend to you the <strong>District</strong>’s invitation to participate in development and<br />

implementation of the studies to evaluate Project effects. The <strong>District</strong> submitted its<br />

Proposed Study Plan to FERC on March 27, 2009. This plan includes details on all of the<br />

studies the <strong>District</strong> plans to conduct, including studies related natural and water<br />

resources, recreation and other land uses and cultural resources (including places of<br />

traditional cultural value, archaeological sites, and the historic built environment).<br />

Please notify me of your interest in participating in the studies. If you have comments<br />

about the project, please notify me at your earliest convenience so that we may arrange<br />

for the kinds of communication and review procedures needed to fully accommodate<br />

your participation. With your statement of participation, we can inform you of new<br />

developments and study products produced for the relicensing review, and we can<br />

provide opportunities to you to participate in meetings and the development of<br />

information leading to FERC’s decisions.


If you have any questions about the project or the FERC-led review process, please do<br />

not hesitate to contact me at (402) 564-3171 ext. 268 or nsuess@loup.com. We look<br />

forward to working with you throughout the relicensing effort and beyond.<br />

Sincerely,<br />

Neal Suess<br />

President/CEO<br />

<strong>Loup</strong> <strong>Power</strong> <strong>District</strong><br />

CC: Kim Nguyen, FERC


March 26, 2009<br />

George Howell, President<br />

Pawnee Tribal Business Council<br />

P.O. Box 470<br />

Pawnee, OK 74058<br />

Reference: <strong>Loup</strong> River Hydroelectric Project<br />

Platte and Nance counties, Nebraska<br />

FERC Project No. 1256<br />

Docket No. P-1256-029<br />

Dear Mr. Howell:<br />

On October 23, 2008, the Federal Energy Regulatory Commission (FERC) notified you<br />

about the <strong>Loup</strong> River Hydroelectric Project and invited you to participate in the<br />

relicensing process. The <strong>Loup</strong> River Public <strong>Power</strong> <strong>District</strong> (<strong>District</strong>) has been tasked by<br />

FERC to develop various documents and studies that will assist their consideration of the<br />

relicensing application. The <strong>District</strong> is also tasked to help coordinate consultation with<br />

interested parties and ensure appropriate communication with tribal staff; particularly<br />

with regard to the requirements of the National Environmental Policy Act (NEPA) and<br />

Section 106 of the National Historic Preservation Act (Section 106). With this letter, I<br />

wish to extend to you the <strong>District</strong>’s invitation to participate in development and<br />

implementation of the studies to evaluate Project effects. The <strong>District</strong> submitted its<br />

Proposed Study Plan to FERC on March 27, 2009. This plan includes details on all of the<br />

studies the <strong>District</strong> plans to conduct, including studies related natural and water<br />

resources, recreation and other land uses and cultural resources (including places of<br />

traditional cultural value, archaeological sites, and the historic built environment).<br />

Please notify me of your interest in participating in the studies. If you have comments<br />

about the project, please notify me at your earliest convenience so that we may arrange<br />

for the kinds of communication and review procedures needed to fully accommodate<br />

your participation. With your statement of participation, we can inform you of new<br />

developments and study products produced for the relicensing review, and we can<br />

provide opportunities to you to participate in meetings and the development of<br />

information leading to FERC’s decisions.


If you have any questions about the project or the FERC-led review process, please do<br />

not hesitate to contact me at (402) 564-3171 ext. 268 or nsuess@loup.com. We look<br />

forward to working with you throughout the relicensing effort and beyond.<br />

Sincerely,<br />

Neal Suess<br />

President/CEO<br />

<strong>Loup</strong> <strong>Power</strong> <strong>District</strong><br />

CC: Kim Nguyen, FERC


March 26, 2009<br />

Larry Wright, Jr., Chairperson<br />

Ponca Tribe of Nebraska<br />

P.O. Box 288<br />

Niobrara, NE 68760<br />

Reference: <strong>Loup</strong> River Hydroelectric Project<br />

Platte and Nance counties, Nebraska<br />

FERC Project No. 1256<br />

Docket No. P-1256-029<br />

Dear Mr. Wright:<br />

On October 23, 2008, the Federal Energy Regulatory Commission (FERC) notified you<br />

about the <strong>Loup</strong> River Hydroelectric Project and invited you to participate in the<br />

relicensing process. The <strong>Loup</strong> River Public <strong>Power</strong> <strong>District</strong> (<strong>District</strong>) has been tasked by<br />

FERC to develop various documents and studies that will assist their consideration of the<br />

relicensing application. The <strong>District</strong> is also tasked to help coordinate consultation with<br />

interested parties and ensure appropriate communication with tribal staff; particularly<br />

with regard to the requirements of the National Environmental Policy Act (NEPA) and<br />

Section 106 of the National Historic Preservation Act (Section 106). We understand that<br />

you previously declined in writing on 10/29/08 to participate in the project. However,<br />

with this letter, I wish to extend to you the <strong>District</strong>’s invitation to participate in<br />

development and implementation of the studies to evaluate Project effects. The <strong>District</strong><br />

submitted its Proposed Study Plan to FERC on March 27, 2009. This plan includes<br />

details on all of the studies the <strong>District</strong> plans to conduct, including studies related natural<br />

and water resources, recreation and other land uses and cultural resources (including<br />

places of traditional cultural value, archaeological sites, and the historic built<br />

environment).<br />

Please notify me of your interest in participating in the studies. If you have comments<br />

about the project, please notify me at your earliest convenience so that we may arrange<br />

for the kinds of communication and review procedures needed to fully accommodate<br />

your participation. With your statement of participation, we can inform you of new<br />

developments and study products produced for the relicensing review, and we can<br />

provide opportunities to you to participate in meetings and the development of<br />

information leading to FERC’s decisions.


If you have any questions about the project or the FERC-led review process, please do<br />

not hesitate to contact me at (402) 564-3171 ext. 268 or nsuess@loup.com. We look<br />

forward to working with you throughout the relicensing effort and beyond.<br />

Sincerely,<br />

Neal Suess<br />

President/CEO<br />

<strong>Loup</strong> <strong>Power</strong> <strong>District</strong><br />

CC: Kim Nguyen, FERC


March 26, 2009<br />

Trey Howe, Chairman<br />

Ponca Tribe of Oklahoma<br />

P.O. Box 2, White Eagle Drive<br />

Ponca City, OK 74601<br />

Reference: <strong>Loup</strong> River Hydroelectric Project<br />

Platte and Nance counties, Nebraska<br />

FERC Project No. 1256<br />

Docket No. P-1256-029<br />

Dear Mr. Howe:<br />

On October 23, 2008, the Federal Energy Regulatory Commission (FERC) notified you<br />

about the <strong>Loup</strong> River Hydroelectric Project and invited you to participate in the<br />

relicensing process. The <strong>Loup</strong> River Public <strong>Power</strong> <strong>District</strong> (<strong>District</strong>) has been tasked by<br />

FERC to develop various documents and studies that will assist their consideration of the<br />

relicensing application. The <strong>District</strong> is also tasked to help coordinate consultation with<br />

interested parties and ensure appropriate communication with tribal staff; particularly<br />

with regard to the requirements of the National Environmental Policy Act (NEPA) and<br />

Section 106 of the National Historic Preservation Act (Section 106). With this letter, I<br />

wish to extend to you the <strong>District</strong>’s invitation to participate in development and<br />

implementation of the studies to evaluate Project effects. The <strong>District</strong> submitted its<br />

Proposed Study Plan to FERC on March 27, 2009. This plan includes details on all of the<br />

studies the <strong>District</strong> plans to conduct, including studies related natural and water<br />

resources, recreation and other land uses and cultural resources (including places of<br />

traditional cultural value, archaeological sites, and the historic built environment).<br />

Please notify me of your interest in participating in the studies. If you have comments<br />

about the project, please notify me at your earliest convenience so that we may arrange<br />

for the kinds of communication and review procedures needed to fully accommodate<br />

your participation. With your statement of participation, we can inform you of new<br />

developments and study products produced for the relicensing review, and we can<br />

provide opportunities to you to participate in meetings and the development of<br />

information leading to FERC’s decisions.


If you have any questions about the project or the FERC-led review process, please do<br />

not hesitate to contact me at (402) 564-3171 ext. 268 or nsuess@loup.com. We look<br />

forward to working with you throughout the relicensing effort and beyond.<br />

Sincerely,<br />

Neal Suess<br />

President/CEO<br />

<strong>Loup</strong> <strong>Power</strong> <strong>District</strong><br />

CC: Kim Nguyen, FERC


March 26, 2009<br />

Roger Trudell, Chairman<br />

Santee Sioux Tribal Council<br />

Route 2<br />

Niobrara, NE 68760<br />

Reference: <strong>Loup</strong> River Hydroelectric Project<br />

Platte and Nance counties, Nebraska<br />

FERC Project No. 1256<br />

Docket No. P-1256-029<br />

Dear Mr. Trudell:<br />

On October 23, 2008, the Federal Energy Regulatory Commission (FERC) notified you<br />

about the <strong>Loup</strong> River Hydroelectric Project and invited you to participate in the<br />

relicensing process. The <strong>Loup</strong> River Public <strong>Power</strong> <strong>District</strong> (<strong>District</strong>) has been tasked by<br />

FERC to develop various documents and studies that will assist their consideration of the<br />

relicensing application. The <strong>District</strong> is also tasked to help coordinate consultation with<br />

interested parties and ensure appropriate communication with tribal staff; particularly<br />

with regard to the requirements of the National Environmental Policy Act (NEPA) and<br />

Section 106 of the National Historic Preservation Act (Section 106). With this letter, I<br />

wish to extend to you the <strong>District</strong>’s invitation to participate in development and<br />

implementation of the studies to evaluate Project effects. The <strong>District</strong> submitted its<br />

Proposed Study Plan to FERC on March 27, 2009. This plan includes details on all of the<br />

studies the <strong>District</strong> plans to conduct, including studies related natural and water<br />

resources, recreation and other land uses and cultural resources (including places of<br />

traditional cultural value, archaeological sites, and the historic built environment).<br />

Please notify me of your interest in participating in the studies. If you have comments<br />

about the project, please notify me at your earliest convenience so that we may arrange<br />

for the kinds of communication and review procedures needed to fully accommodate<br />

your participation. With your statement of participation, we can inform you of new<br />

developments and study products produced for the relicensing review, and we can<br />

provide opportunities to you to participate in meetings and the development of<br />

information leading to FERC’s decisions.


If you have any questions about the project or the FERC-led review process, please do<br />

not hesitate to contact me at (402) 564-3171 ext. 268 or nsuess@loup.com. We look<br />

forward to working with you throughout the relicensing effort and beyond.<br />

Sincerely,<br />

Neal Suess<br />

President/CEO<br />

<strong>Loup</strong> <strong>Power</strong> <strong>District</strong><br />

CC: Kim Nguyen, FERC


March 26, 2009<br />

John Blackhawk, Chairman<br />

Winnebago Tribal Council<br />

P.O. Box 687<br />

Winnebago, NE 68071<br />

Reference: <strong>Loup</strong> River Hydroelectric Project<br />

Platte and Nance counties, Nebraska<br />

FERC Project No. 1256<br />

Docket No. P-1256-029<br />

Dear Mr. Blackhawk:<br />

On October 23, 2008, the Federal Energy Regulatory Commission (FERC) notified you<br />

about the <strong>Loup</strong> River Hydroelectric Project and invited you to participate in the<br />

relicensing process. The <strong>Loup</strong> River Public <strong>Power</strong> <strong>District</strong> (<strong>District</strong>) has been tasked by<br />

FERC to develop various documents and studies that will assist their consideration of the<br />

relicensing application. The <strong>District</strong> is also tasked to help coordinate consultation with<br />

interested parties and ensure appropriate communication with tribal staff; particularly<br />

with regard to the requirements of the National Environmental Policy Act (NEPA) and<br />

Section 106 of the National Historic Preservation Act (Section 106). We understand that<br />

you previously declined in writing on 12/09/08 to participate in the project. However,<br />

with this letter, I wish to extend to you the <strong>District</strong>’s invitation to participate in<br />

development and implementation of the studies to evaluate Project effects. The <strong>District</strong><br />

submitted its Proposed Study Plan to FERC on March 27, 2009. This plan includes<br />

details on all of the studies the <strong>District</strong> plans to conduct, including studies related natural<br />

and water resources, recreation and other land uses and cultural resources (including<br />

places of traditional cultural value, archaeological sites, and the historic built<br />

environment).<br />

Please notify me of your interest in participating in the studies. If you have comments<br />

about the project, please notify me at your earliest convenience so that we may arrange<br />

for the kinds of communication and review procedures needed to fully accommodate<br />

your participation. With your statement of participation, we can inform you of new<br />

developments and study products produced for the relicensing review, and we can<br />

provide opportunities to you to participate in meetings and the development of<br />

information leading to FERC’s decisions.


If you have any questions about the project or the FERC-led review process, please do<br />

not hesitate to contact me at (402) 564-3171 ext. 268 or nsuess@loup.com. We look<br />

forward to working with you throughout the relicensing effort and beyond.<br />

Sincerely,<br />

Neal Suess<br />

President/CEO<br />

<strong>Loup</strong> <strong>Power</strong> <strong>District</strong><br />

CC: Kim Nguyen, FERC


OFFICE OF ENERGY PROJECTS<br />

FEDERAL ENERGY REGULATORY COMMISSION<br />

WASHINGTON, DC 20426<br />

March 27, 2009<br />

Project No. 1256-029 – Nebraska<br />

<strong>Loup</strong> River Hydroelectric Project<br />

<strong>Loup</strong> River Public <strong>Power</strong> <strong>District</strong><br />

Subject: Scoping Document 2 for the Relicensing of the <strong>Loup</strong> River Hydroelectric<br />

Project<br />

To the <strong>Part</strong>ies Addressed:<br />

The Federal Energy Regulatory Commission (Commission) is reviewing the Preapplication<br />

Document (PAD) submitted to the Commission by the <strong>Loup</strong> River Public<br />

<strong>Power</strong> <strong>District</strong> (<strong>Loup</strong> <strong>Power</strong> <strong>District</strong>) on October 16, 2008 for relicensing the <strong>Loup</strong> River<br />

Hydroelectric Project (FERC No. 1256-029). The project is located on the <strong>Loup</strong> River<br />

and occupies lands and waters in Nance and Platte Counties, Nebraska. The <strong>Loup</strong> <strong>Power</strong><br />

<strong>District</strong> will use the Commission’s Integrated Licensing Process (ILP) to relicense the<br />

project. Under the ILP, the <strong>Loup</strong> <strong>Power</strong> <strong>District</strong> must file their preliminary licensing<br />

proposal or a draft license application for the continued operation of the project by<br />

August 15, 2011. The final license application must be filed with the Commission on or<br />

before April 16, 2012. The current license for the project expires on April 15, 2014.<br />

Pursuant to the National Environmental Policy Act of 1969, as amended, the<br />

Commission staff intends to prepare an environmental assessment (EA) for the project.<br />

The EA would be used by the Commission to determine whether, and under what<br />

conditions, to issue a new license. To support and assist our environmental review, we<br />

are conducting a scoping process to ensure that all pertinent issues are identified and<br />

analyzed and that the EA is thorough and balanced.<br />

In our December 12, 2008, Scoping Document (SD1), we disclosed our<br />

preliminary view of the scope of environmental issues associated with the <strong>Loup</strong> River<br />

Project. Based on the verbal comments that we received at the scoping meetings held on<br />

January 12 and 13, 2009, in Columbus, Nebraska, and written comments we received<br />

throughout the scoping process, we prepared the enclosed Scoping Document 2 (SD2).<br />

We appreciate the participation of governmental agencies, non-governmental<br />

organizations, and the general public in the scoping process. The enclosed SD2 for the<br />

project serve as a guide to the issues and alternatives to be addressed in the EA. Key<br />

changes from SD1 to SD2 are identified in bold, italicized type.


SD2 is distributed to entities on the Commission’s Mailing List. No response is<br />

required. SD2 is also available from our Public Reference Room at 202-502-8371. It<br />

also can be accessed online at http://www.ferc.gov/docs-filing/elibrary.<br />

If you have any questions about the scoping process, please contact Kim Nguyen<br />

at (202) 502-6105 or kim.nguyen@ferc.gov. Additional information about the<br />

Commission’s licensing process and the <strong>Loup</strong> River Project may be obtained from our<br />

website, http://www.ferc.gov.<br />

Enclosure: Scoping Document 2 for the <strong>Loup</strong> River Project<br />

cc: Mailing List<br />

Public Files<br />

2


SCOPING DOCUMENT 2<br />

LOUP RIVER HYDROELECTRIC PROJECT<br />

NEBRASKA<br />

PROJECT NO. 1256-029<br />

Federal Energy Regulatory Commission<br />

Office of Energy Projects<br />

Division of Hydropower Licensing<br />

Washington, DC<br />

March 2009


TABLE OF CONTENTS<br />

1.0 INTRODUCTION ......................................................................................................4<br />

2.0 SCOPING....................................................................................................................4<br />

2.1 Purposes of Scoping ......................................................................................6<br />

2.2 Comments and Scoping Meetings.................................................................6<br />

3.0 PROPOSED ACTION AND ALTERNATIVES...................................................15<br />

3.1 <strong>Loup</strong> <strong>Power</strong> <strong>District</strong>’s Proposed Action..........................................................15<br />

3.1.1 Description of Existing and Proposed Project Facilities....................15<br />

3.1.2 Existing and Proposed Project Operation..........................................16<br />

3.2 Staff's Modification of the Proposed Action...............................................17<br />

3.3 No-action Alternative..................................................................................17<br />

3.4 Alternatives Considered but Eliminated from Detailed Study....................17<br />

3.4.1 Federal Government Takeover..........................................................17<br />

3.4.2 Nonpower License.............................................................................18<br />

3.4.3 Project Decommissioning .................................................................18<br />

4.0 SCOPE OF CUMULATIVE ANALYSIS AND RESOURCE ISSUES ..............18<br />

4.1 Cumulative Effects ..........................................................................................18<br />

4.1.1 Resources That Could Be Cumulatively Affected ............................18<br />

4.1.2 Geographic Scope..............................................................................19<br />

4.1.3 Temporal Scope.................................................................................19<br />

4.2 Resource Issues ...............................................................................................19<br />

4.2.1 Geology and Soil Resources .............................................................20<br />

4.2.2 Aquatic Resources.............................................................................20<br />

4.2.3 Terrestrial Resources.........................................................................20<br />

4.2.4 Threatened and Endangered Species.................................................21<br />

4.2.5 Recreation and Land Use ..................................................................21<br />

4.2.6 Land Use and Aesthetics ...................................................................21<br />

4.2.7 Cultural Resources ............................................................................22<br />

4.2.8 Developmental Resources.................................................................22<br />

4.3 Proposed Protection and Enhancement Measures and Potential Studies........22<br />

6.0 EA PREPARATION SCHEDULE .........................................................................23<br />

7.0 EA OUTLINE ...........................................................................................................24<br />

8.0 LIST OF COMPREHENSIVE PLANS..................................................................25<br />

9.0 MAILING LIST........................................................................................................26<br />

APPENDIX A - PROCESS PLANS AND SCHEDULES............................................30<br />

2


LIST OF FIGURES<br />

Figure 1. Location of the <strong>Loup</strong> River Project No. 1256-029.........................................5<br />

3


1. INTRODUCTION<br />

The Federal Energy Regulatory Commission (Commission), under the authority of<br />

the Federal <strong>Power</strong> Act (FPA), 1 may issue licenses for up to 50 years for the construction,<br />

operation, and maintenance of non-federal hydroelectric projects. On October 16, 2008,<br />

the <strong>Loup</strong> River Public <strong>Power</strong> <strong>District</strong> (<strong>District</strong>), the current licensee, filed a Notice of<br />

Intent (NOI) to seek a new license 2 and a Pre-application Document (PAD) for the 53.46megawatt<br />

(MW) <strong>Loup</strong> River Hydroelectric Project (FERC Project No. 1256-029). The<br />

<strong>Loup</strong> River Project is located on the <strong>Loup</strong> River and occupies lands and waters in Nance<br />

and Platte Counties, Nebraska (figure 1). The <strong>Loup</strong> <strong>Power</strong> <strong>District</strong> is using the Integrated<br />

Licensing Process (ILP) and intends to file its application for a new license for the project<br />

with the Commission on or before April 16, 2012.<br />

The National Environmental Policy Act (NEPA) of 1969, 3 the Commission’s<br />

regulations, and other applicable laws require that we independently evaluate the<br />

environmental effects of licensing the project as proposed, as well as consider reasonable<br />

alternatives to the proposed action. Based on our review of the PAD and preliminary<br />

analysis of the issues, we propose to prepare an Environmental Assessment (EA) that<br />

describes and evaluates the probable effects, including an assessment of the site-specific<br />

and cumulative effects, if any, of the proposed action and alternatives considered. This<br />

scoping process will help us to identify the pertinent issues that we will need to analyze<br />

in the EA.<br />

2.0 SCOPING<br />

This Scoping Document 2 (SD2) is intended to advise all participants about the<br />

proposed scope of the EA and to seek additional information pertinent to this analysis.<br />

This document contains a brief description of: (1) the scoping process and schedule for<br />

developing the EA; (2) a description of the proposed action and alternatives; (3) a<br />

preliminary identification of environmental issues and proposed studies; (4) a request for<br />

comments and information; (5) a proposed EA outline; and (6) a preliminary list of<br />

comprehensive plans that are applicable to the project.<br />

1 16 U.S.C. §§ 791(a)-825(r) (2000).<br />

2 The current license for the <strong>Loup</strong> River Project was issued on December 29, 1982<br />

(21 FERC 62,535), with an effective date of December 1, 1982; the license expires on<br />

April 15, 2014.<br />

3 42 U.S.C. §§ 4321-70(f) (2000).<br />

4


Figure 1. Location of the <strong>Loup</strong> River Project No. 1256-029 (Source: <strong>Loup</strong> <strong>Power</strong><br />

<strong>District</strong>, 2008, PAD).<br />

5


2.1 Purposes of Scoping<br />

Scoping is the process used to identify issues, concerns, and opportunities<br />

associated with a proposed action. The process, according to NEPA, should be<br />

conducted early in the planning stage of a project.<br />

The purposes of the scoping process are as follows:<br />

Invite participation of federal, state, and local resource agencies, Indian tribes,<br />

non-governmental organizations (NGOs), and other interested persons to help<br />

us identify significant environmental and socioeconomic issues related to the<br />

proposed action<br />

Determine the resource areas, depth of analysis, and significance of issues to<br />

be addressed in the EA<br />

Identify how the project would or would not contribute to cumulative impacts<br />

in the project area<br />

Identify reasonable alternatives to the proposed action that should be evaluated<br />

in the EA<br />

Solicit from participants available information on the resources at issue<br />

Determine the resource areas and potential issues that do not require detailed<br />

analysis during review of the project<br />

We issued Scoping Document 1 (SD1) for the project on December 12, 2008, to<br />

enable appropriate resource agencies, Indian tribes, and other interested parties to<br />

more effectively participate in and contribute to the scoping process. In SD1, we<br />

requested clarification of preliminary issues concerning the <strong>Loup</strong> River Project and<br />

identification of any new issues that need to be addressed in the EA. We revised SD1<br />

following the scoping meetings and after reviewing comments filed during the scoping<br />

comment period. SD2 presents our current view of issues and alternatives to be<br />

considered in the EA. Major changes to SD1 are shown in bold and italic type in this<br />

SD2.<br />

2.2 Comments and Scoping Meetings<br />

In addition to written comments solicited by SD1, we held two public scoping<br />

meetings on January 12 and 13, 2009, in Columbus, Nebraska. We also had a site visit<br />

of the project area on January 12, 2009. Notice of the scoping meetings and site visit<br />

was published in local newspapers and in the Federal Register. A court reporter<br />

recorded the scoping meetings.<br />

In addition to the comments received at the scoping meetings, the following<br />

6


entities filed written comments on SD1:<br />

Entity Date Filed<br />

Trent Hurley Jan. 16, 2009<br />

Gregg Schuetz Jan. 16, 2009<br />

The Bradbury Family Jan. 20, 2009<br />

Ryan Shea Jan. 20, 2009<br />

Joe & Cheryl Smisek Jan. 26, 2009<br />

Timothy Leinart Jan. 26, 2009<br />

Kim Sothan Jan. 28, 2009<br />

John Brook Jan. 28, 2009<br />

Dave & Jackie Lewis Jan. 30, 2009<br />

William Larson Jan. 30, 2009<br />

Adam Benson Feb. 2, 2009<br />

Seth Wilson Feb. 2, 2009<br />

Kevin Kersten Feb. 2, 2009<br />

Nebraska Off Road Vehicle Association (NORVA) Feb. 2, 2009<br />

Randy Leiser Feb. 3, 2009<br />

Tern & Plover Conservation <strong>Part</strong>nership Feb. 4, 2009<br />

Allan Feller Feb. 4, 2009<br />

Vicki Ladoff Feb. 9, 2009<br />

Erik & Sarah Sprague Feb. 9, 2009<br />

Nebraska Department of Natural Resources (Nebraska DNR) Feb. 10, 2009<br />

U.S. Fish and Wildlife Service (FWS) Feb. 10, 2009<br />

Nebraska Game and Parks Commission (Nebraska GPC) Feb. 10, 2009<br />

Michael Kroeger Feb. 10, 2009<br />

Jim Donaghue Feb. 10, 2009<br />

<strong>Loup</strong> Public <strong>Power</strong> <strong>District</strong> (<strong>District</strong>)<br />

Feb. 10, 2009 &<br />

Mar. 16, 2009<br />

Jason Feb. 11, 2009<br />

Barry Simons Feb. 11, 2009<br />

Randall Nelson Feb. 11, 2009<br />

7


Tim Hinkle Feb. 17, 2009<br />

Barry & Lisa Borgeson Feb. 19, 2009<br />

Bill Shanle Feb. 19, 2009<br />

Jim Shanle Feb. 19, 2009<br />

Frankie Shanle Feb. 19, 2009<br />

Ron & Patsy Mellen Feb. 23, 2009<br />

Tom Walters Feb. 23, 2009<br />

Dan & Deb Maurer Feb. 23, 2009<br />

Justin Sibert Feb. 23, 2009<br />

Roger Castor Feb. 23, 2009<br />

Jason Biorn Feb. 23, 2009<br />

Josh ???? Feb. 23, 2009<br />

Juanita Bowersox Feb. 23, 2009<br />

Glenn Bowersox Feb. 23, 2009<br />

Carrie Heesacker Feb. 23, 2009<br />

Verland Widga & Susan Peterson Feb. 23, 2009<br />

Tim & Susan Zabka Feb. 23, 2009<br />

Dennis Taylor Feb. 23, 2009<br />

Craig Nichols Feb. 24, 2009<br />

Mike Engle Feb. 24, 2009<br />

Judy Trautwein Feb. 24, 2009<br />

Tim Rodehurst Feb. 25, 2009<br />

Monica Lee-Buss Feb. 25, 2009<br />

Van Wurst Feb. 25, 2009<br />

Monte Swantek Feb. 25, 2009<br />

Brad Wells Feb 27, 2009<br />

Arthur Spenner Feb. 27, 2009<br />

Columbus Area Recreation Trails (CART) Mar. 2, 2009<br />

Randall Haskell Mar. 2, 2009<br />

Jason Buss Mar. 2, 2009<br />

U.S. National Park Service (NPS) Mar. 13, 2009<br />

8


2.2.1 Issues Raised During Scoping<br />

The general concerns raised by participants in the scoping process are<br />

summarized below by subject area. Both oral and written comments are addressed in<br />

the summary. The summary does not include every oral and written comment made<br />

during the scoping process. For instance, we do not address comments that are<br />

recommendations for schedule changes, or minor editorial corrections. We also have<br />

not included comments that are recommendations for license conditions. Such<br />

recommendations will be addressed in the EA.<br />

CUMULATIVE EFFECTS<br />

Comment: The <strong>District</strong> recommends that the geographic scope of the cumulative<br />

effects analysis for the least tern and piping plover be limited to the <strong>Loup</strong> River<br />

bypassed reach to the confluence with the Missouri River because the project and its<br />

operations have no effect on the <strong>Loup</strong> River or the species upstream of the project’s<br />

diversion weir.<br />

Response: Just because the project might not affect flow or resources upstream of the<br />

project, it does not reduce the needed geographic scope of the cumulative effects<br />

analysis. The area defined by the <strong>District</strong> would better represent the likely projectspecific<br />

impact zone, which will be considered. As stated in section 4.1, a cumulative<br />

effect is an impact on the resource resulting from the incremental effects of the action<br />

when added to other past, present, and reasonably foreseeable future actions. Thus,<br />

cumulative effects must be added to effects (past, present, and future) caused by all<br />

other actions that affect the same resource. Other actions (i.e., flow diversions and<br />

depletions) occurring within the <strong>Loup</strong> River basin above the project may contribute to<br />

or interact with the effects of the project on these species and their habitat, and thus,<br />

should be weighed and disclosed by the Commission in its environmental analysis.<br />

Therefore, we are not modifying our geographic scope.<br />

Comment: The <strong>District</strong> states that we should limit the geographic scope of analysis for<br />

cumulative effects to pallid sturgeon to the lower Platte River from the Elkhorn River<br />

confluence to the Missouri River confluence, because pallid sturgeon do not inhabit<br />

the Platte River upstream of the Elkhorn River confluence.<br />

Response: We included the <strong>Loup</strong> River basin and the Platte River mainstem upstream<br />

of the Elkhorn River confluence within our geographic scope, because such project<br />

and non-project related actions as sediment management, flow depletions, flow<br />

diversions, and flow fluctuations occurring upstream of the confluence of the Elkhorn<br />

River with the Platte River could potentially affect pallid sturgeon in the lower Platte<br />

River. In other words, the geographic scope includes not only the location of the<br />

affected resource, but also the location of the action or actions affecting the resource.<br />

9


We, therefore, make no change to our geographic scope identified in SD1.<br />

Comment: The <strong>District</strong> notes that it reviewed the Nebraska Department of Health and<br />

Human Service’s September 2008 “Total Coliform History Report” for public water<br />

supplies for Genoa and Monroe, Nebraska, and based on that review, concluded that<br />

there is no connection between project diversions and bacteria levels in public water<br />

wells located in the vicinity of the bypassed reach of the <strong>Loup</strong> River. The <strong>District</strong>,<br />

therefore, suggests that we eliminate the issue of project effects on the quality of<br />

nearby public water wells.<br />

Response: We agree. At the January 13, 2009, scoping meeting, we suggested<br />

eliminating this issue from SD2, stating that we included in SD1 primarily to foster<br />

discussion of the issue through the scoping process. A <strong>District</strong> representative present<br />

at the meeting clarified that the concern identified during preparation of the PAD was<br />

that project diversions could potentially lead to higher water temperatures in the<br />

bypassed reach during the summer, which in turn could raise the water temperature of<br />

adjacent water wells sufficiently to allow bacteria to grow. However, the <strong>District</strong><br />

representative noted that although there were isolated reports of bacteria growing in<br />

some adjacent wells, the instances occurred in May and October when water<br />

temperatures are not high. We’ve identified no other possible connection between<br />

project operations and the isolated cases of bacteria growth in adjacent wells;<br />

therefore, we no longer include the issue in SD2.<br />

Comment: The <strong>District</strong> identifies a number of actions that would affect flow depletions<br />

in the Platte River including initiatives associated with Platte River Recovery<br />

Implementation Program, Natural Resources Conservation Service programs to retire<br />

irrigated acres, and the Nebraska DNR preliminary determination that the lower Platte<br />

is fully appropriated. The <strong>District</strong> suggests that the geographic scope of other<br />

programs and projects considered for the cumulative effects analysis should include<br />

activities in the entire Platte River basin, not just the lower Platte River basin.<br />

Response: All of the above initiatives, measures, and proclamations will be considered<br />

in the cumulative effects analysis as it relates to flow and flow processes in the lower<br />

Platte River. For the cumulative effects analysis to help a decision-maker and inform<br />

interested parties, it must be limited to scoping effects that can be evaluated<br />

meaningfully; in other words, the geographic bounds are limited to the area where<br />

there are actions that have the potential to have a significant and measurable affect on<br />

the targeted resource. In the case of the <strong>Loup</strong> River project, expanding the geographic<br />

scope to include the entire Platte River basin would extend the analysis beyond the<br />

point of providing a meaningful analysis of the project’s and other action’s combined<br />

potential influences on resources in the lower Platte River. However, as the<br />

relicensing proceeding progresses, we will consider modifying the geographic scope of<br />

analysis as needed based on our identification of any new relevant information.<br />

10


Comment: The <strong>District</strong> does not believe that the project results in flow depletions in<br />

the <strong>Loup</strong> River, thus flow depletions should not be considered for cumulative effects.<br />

Response: Although the <strong>District</strong> has assessed whether there are flow depletions in the<br />

lower Platte River owing to the project, Commission staff must conduct its own<br />

independent assessment of this issue, and will do so in the NEPA document. We,<br />

therefore, will retain the issue in SD2.<br />

AQUATIC RESOURCES<br />

Comment: The <strong>District</strong> notes that with respect to fish passage at the diversion weir, the<br />

Nebraska Game and Parks Commission expressed interest in providing passage for<br />

channel catfish, but no other fish species. The <strong>District</strong> requests that we limit the issue<br />

of fish passage to only channel catfish.<br />

Response: Our preference is to not limit the issue to just channel catfish, because<br />

although channel catfish may be the primary target species, other fish species could be<br />

affected (beneficially or adversely) by fish passage at the project. Further, should a<br />

relicensing participant ultimately recommend fish passage at the project, we would<br />

identify all species that would likely use the fish passage, not just those that the<br />

recommending entity targets. In addition, the Meeting Notes for August 19, 2008, in<br />

Volume 2 of the PAD states that the Nebraska Game and Parks Commission “are<br />

interested in channel catfish and flathead catfish….smaller species may also be a<br />

concern [with respect to fish passage].”<br />

Comment: The <strong>District</strong> notes that hydrocycling operations do not cause conditions in<br />

the tailrace canal conducive to fish stranding or mortality, and therefore, the issue of<br />

project operational effects on fish stranding and mortality should be limited to just the<br />

Platte River downstream of its confluence with the tailrace canal. The <strong>District</strong> notes<br />

that the canal is continuously watered through project operations and flow inputs via<br />

the Lost Creek Flood Control Channel.<br />

Response: We agree. As noted in the PAD, the FWS and Nebraska DNR expressed<br />

concerns with how hydrocycling operations might affect aquatic resources, specifically<br />

in the Platte River downstream of the confluence with the tailrace canal. We,<br />

therefore, have modified the issue in SD2 to specifically target the Platte River.<br />

Comment: The Nebraska Game and Parks Commission notes that the main area<br />

within the <strong>Loup</strong> River bypassed reach where fish kills may occur during the summer<br />

months is from the diversion weir downstream to the <strong>Loup</strong> River confluence with<br />

Beaver Creek. They request that as part of our analysis of project effects on bypassed<br />

reach water temperature, we specifically target the area of the bypassed reach between<br />

the diversion weir and the confluence with Beaver Creek.<br />

11


Response: We agree and have made the modification in SD2.<br />

THREATENED AND ENDANGERED SPECIES<br />

Comment: The FWS requests that we analyze project operational affects on<br />

polychlorinated biphenyls (PCB) transport within the project area and associated<br />

effects on federally listed species, including piping plover, least term, and pallid<br />

sturgeon. They also request an analysis of non-point sources of atrazine, nutrients,<br />

and bacteria to the project canal system with the goal of identifying strategies to reduce<br />

these pollutant inputs to the project area.<br />

Response: Inputs of atrazine, nutrients, and bacteria to the project canal system from<br />

non-point sources are unrelated to the project or operations, and therefore, the<br />

requested issue is not included as an issue for analysis in our NEPA document.<br />

The potential exists for dredging operations to mobilize PCB-laden sediments if present<br />

in the settling basin. In addition, small fish discharged onto the North Sand<br />

Management Area with sediments during dredging activities could potentially contain<br />

PCBs. Such fish could be ingested by federally listed least terns nesting and feeding in<br />

the North Sand Management Area. Therefore, we have modified SD2 to show that we<br />

will assess the effects of project operations on PCB transport within the project area.<br />

At this time, we are not including pallid sturgeon as part of our analysis of PCBs,<br />

because pallid sturgeon are not located in the project area where the project has the<br />

potential to expose pallid sturgeon or their prey to any PCB-laden sediments disrupted<br />

by project operations or maintenance.<br />

Comment: The FWS recommends that the scoping document indicate that the project<br />

lies in one of Nebraska’s Biologically Unique landscapes as described by the Nebraska<br />

Natural Legacy Project. The rare, threatened and endangered species found on or in<br />

the vicinity of the project are identified as Tier 1 At-Risk Species by the Legacy Project,<br />

indicating the critical need to implement measures to promote their conservation and<br />

recovery.<br />

Response: The Commission’s analysis will consider the need for conservation and<br />

management actions to assist in the recovery of the Tier 1 species identified by the<br />

Legacy Project.<br />

Comment: The FWS insists that for its Section 7 consultation that the analysis must<br />

examine the effects of the project operation using a baseline of with compared to<br />

without the project.<br />

Response: The environmental baseline on relicensing is the environment as it exists at<br />

12


the time of relicensing, not pre-project conditions. 4 Nonetheless, this does not prevent<br />

the FWS from using a different baseline for its analysis. 5<br />

Comment: The FWS recommends that all transmission and distribution lines owned<br />

and maintained by the <strong>District</strong> and/or power lines that are located within the project<br />

boundary be evaluated for potential adverse impact to migrating whooping cranes.<br />

The FWS says that such transmission and distribution lines are an interrelated<br />

component of the project operations and subject to Section 7 consultation and<br />

evaluation pursuant to the Endangered Species Act (ESA). FWS states that<br />

transmission and distribution lines located in the vicinity of roost sites represent a<br />

collision hazard to whooping cranes.<br />

Response: An interrelated activity is an activity that is part of the proposed action and<br />

depends on the proposed action for its justification (underline added). 6 The<br />

transmission and distribution lines referenced by the FWS are unrelated to the<br />

Commission’s licensing action. The Commission’s jurisdiction is limited to primary<br />

transmission lines, that is the primary line or lines transmitting power from the project<br />

to the point of junction with the distribution system or with the interconnected primary<br />

transmission system (FPA section 3(11)). The project does not have any primary<br />

transmission lines and the Commission has no authority to require any modifications<br />

to the lines to reduce or mitigate any potential adverse affect to whopping cranes.<br />

Moreover, the transmission and distribution lines would continue to transmit and<br />

distribute power regardless of whether the project exists or would continue to operate<br />

under a new license; therefore, they are independent of the Commission’s action.<br />

Thus, we have not added this as an issue to SD2.<br />

Comment: The <strong>District</strong> submitted additional information regarding the documented<br />

4 The Commission's choice of current environmental conditions as the baseline<br />

for environmental analysis in relicense cases was affirmed in American Rivers v.<br />

FERC, 187 F.3d 1007, amended and rehearing denied, 201 F.3d 1186 (9th Cir., 1999);<br />

Conservation Law Foundation v. FERC, 216 F.3d 41 (D. C. Cir. 2000).<br />

5 PG&E, 107 FERC 61,232 at 19-21 (2004 ) ), order on reconsideration, 108<br />

FERC 61,266 (2004) (P-77, Potter Valley), appeal filed, Friends of the Eel River v.<br />

FERC, 9 th Cir. No. 04-73862 (8-5-04), Cal. Sportfishing Protection Alliance v. FERC,<br />

9 th Cir. No. 04-73498 (rejecting argument that reliance on Biological Opinion was<br />

arbitrary and capricious because Joint Regulations require ESA agencies to use a<br />

“current conditions” baseline).<br />

6 U.S. Fish and Wildlife Service and National Marine Fisheries Service. 1988.<br />

Final ESA Section 7 <strong>Consultation</strong> Handbook.<br />

13


sightings of whooping cranes as well as documented collisions with power lines as<br />

justification for not conducting the transmission and distribution line impact<br />

evaluation recommended by the FWS.<br />

Response: As stated in the previous response, we agree that an assessment of<br />

transmission and distribution lines are beyond the scope of this project since the<br />

Commission’s jurisdiction is limited to primary transmission lines, and there are no<br />

such lines within the project boundary.<br />

RECREATION AND LAND USE<br />

Comment: Several citizens (37 letters) as well as NORVA expressed support for the<br />

continued operation of the off-road vehicle area in Headworks Park. Most<br />

respondents noted the lack of alternative places to ride in the state and the high quality<br />

experience provided through a partnership between the <strong>District</strong> and NORVA.<br />

Response: We have identified the issue of providing opportunities for off-road vehicle<br />

use on lands within the project boundary and will provide our assessment in the EA.<br />

Comment: A number of individuals (6 letters) as well as CART supported efforts by<br />

the <strong>District</strong> to develop trails and to provide recreational opportunities on project lands.<br />

Response: We have identified the issue of providing trail opportunities on lands within<br />

the project boundary and will provide our assessment in the EA.<br />

Comment: The <strong>District</strong> notes that the two bullets recommending a recreational survey<br />

and a land use inventory were proposed by the Commission and asks what the<br />

Commission’s intent is by recommending them at this time.<br />

Response: All the measures identified in section 4.3 were proposed by the <strong>District</strong> in<br />

the PAD, which was incorrectly reflected as Commission recommendations. We have<br />

rephrased the introduction to the bullets and removed the reference to the studies from<br />

the list of environmental measures.<br />

Comment: Several neighboring landowners (8 letters) have voiced concern over a<br />

comment made by FWS staff during one of the scoping meetings that the <strong>District</strong> does<br />

not have to allow irrigators access to their water rights on <strong>Loup</strong> River <strong>Power</strong> <strong>District</strong><br />

property. These landowners want assurances that they will continue to be allowed to<br />

access their water rights from the canal to irrigate crops.<br />

Response: Administration of water rights is a state legal matter beyond the purview of<br />

our environmental analysis. However, we will assess the effects of any changes to<br />

project diversions on irrigation use of <strong>Loup</strong> power canal waters.<br />

14


REQUEST FOR INFORMATION AND STUDIES<br />

Comment: The <strong>District</strong> recommends adding the Platte River Recovery Implementation<br />

Program cooperative agreement to the list of comprehensive plans.<br />

Response: To be included on the list of comprehensive plans and accorded FPA<br />

section 10(a)(2)(A) comprehensive plan status, the plan must be developed by a federal<br />

or state resource agency and filed with the Commission for approval. Because this<br />

plan has not been filed for consideration as a comprehensive plan, we will consider this<br />

program’s objectives, but not under section 10(a)(2)(A) of the FPA.<br />

Comment: The Nebraska DNR requests a study to evaluate the effects the project has<br />

on ice jam flooding. They would like the study to include a predictive model of the<br />

project’s effects on ice jam flooding, and ways to prevent, alleviate and mitigate for ice<br />

jam flooding caused by the project.<br />

Response: This study request will be discussed under the study plan process.<br />

3.0 PROPOSED ACTION AND ALTERNATIVES<br />

In accordance with NEPA, our environmental analysis will consider, at a<br />

minimum, the following alternatives: (1) the <strong>District</strong>’s proposed action; (2) alternatives<br />

to the proposed action; and (3) no action.<br />

3.1 <strong>Loup</strong> <strong>Power</strong> <strong>District</strong>’s Proposed Action<br />

The <strong>District</strong> is seeking a new license for the continued operation and maintenance<br />

of the <strong>Loup</strong> River Project. The Commission will consider whether, and under what<br />

conditions, to issue a new license for the project.<br />

3.1.1 Description of Existing and Proposed Project Facilities<br />

The headworks for the <strong>Loup</strong> River Project are located on the <strong>Loup</strong> River<br />

approximately 34 miles upstream of the confluence of the <strong>Loup</strong> and Platte Rivers. Water<br />

is diverted at the headworks into the Upper <strong>Power</strong> Canal to the Monroe <strong>Power</strong>house.<br />

From this powerhouse, water then flows into the Lower <strong>Power</strong> Canal to Lakes Babcock<br />

and North (regulating reservoirs). From these regulating reservoirs, flow is then diverted<br />

into the Intake Canal to the Columbus <strong>Power</strong>house. From this powerhouse, flow is then<br />

diverted back to the Platte River via the Tailrace Canal.<br />

The project consists of: (1) a diversion weir on the <strong>Loup</strong> River at an elevation of<br />

1,574 feet with wooden flashboards (or planks) to create an effective crest elevation of<br />

1,576 feet; (2) eleven 24-foot-long and 5-foot-high steel intake gates located on the north<br />

15


ank of the river with gate sill elevation of 1,569.5 feet; (3) three 20-foot-long and 6foot-high<br />

steel sluice gates with sill elevation of 1,568 feet spanning the portion of river<br />

flowing between the downstream leg of the diversion weir and the intake gates diverting<br />

water into a settling basin; (4) a 2-mile-long, 200-foot bottom width, and 16-foot-deep<br />

settling basin with a floating hydraulic dredge and skimming weir at the downstream end<br />

of the settling basin; (5) a 10-mile-long, 73-foot-bottom width, and 14.3-foot-deep Upper<br />

<strong>Power</strong> Canal with inverted siphons bringing water to the Monroe <strong>Power</strong>house; (6) the<br />

Monroe <strong>Power</strong>house containing three Francis-type, turbine-generating units each with a<br />

rated capacity of 2.612 MW; (7) a 13-mile-long, 39-foot-bottom width, and 19.5-footdeep<br />

Lower <strong>Power</strong> Canal with two siphons extending from the Monroe <strong>Power</strong>house to<br />

Lake Babcock; (8) a concrete weir structure (Sawtooth Weir) located where the Lower<br />

<strong>Power</strong> Canal enters Lake Babcock; (9) a 760-acre regulating reservoir, Lake Babcock,<br />

with storage capacity of 2,270 acre-feet at its full pool elevation of 1,531 feet; (10) a 200acre<br />

second regulating reservoir, Lake North, with storage capacity of 2,080 acre-feet at<br />

an elevation of 1,531 feet; (11) a concrete control structure in the south dike linking the<br />

two regulating reservoirs; (12) a 1.5-mile-long, 94- to 108-foot-bottom width, and 17.2-<br />

to 22.2-foot-deep intake canal bringing water from the reservoirs to the Columbus<br />

<strong>Power</strong>house; (13) a 60-foot-long, 104-foot-wide, and 40-foot-high inlet structure with<br />

trashracks; (14) three 20-foot-diameter and 385-foot-long steel penstocks connecting the<br />

inlet structure with the powerhouse; (15) the Columbus <strong>Power</strong>house containing three<br />

Francis-type, turbine-generating units each with a rated capacity of 15.2 MW; (16) a 5.5mile,<br />

42-foot-bottom width, and 19-foot-deep tailrace canal returning water to the river;<br />

and (17) appurtenant facilities.<br />

3.1.2 Existing and Proposed Project Operation<br />

From the headworks to the regulating reservoirs (Lakes Babcock and North), the<br />

project is operated run-of-river. From the regulating reservoirs to the Columbus<br />

<strong>Power</strong>house, the project operates in an on-and-off mode called hydrocycling. Using the<br />

storage capacity of the Lakes and the Nebraska Public <strong>Power</strong> <strong>District</strong>’s need for power on<br />

a daily basis, power is generated for one, or sometime, two, periods of several hours<br />

during the day.<br />

The hydraulic capacity for the project is 3,500 cubic feet per second (cfs), or 6,930<br />

acre-feet per day, so all flows above this must be bypassed into the <strong>Loup</strong> River.<br />

Typically, during normal project operations, the long-term average amount of flow<br />

diverted for the project is 1,610 cfs, or 3,180 acre-feet per day. During cold weather<br />

operations, the entire 35-mile length of the project must be monitored for heavy slush,<br />

frazil ice formation, ice floes, and ice jams. Any of these conditions may create an<br />

emergency situation where flow diversion must be quickly adjusted or curtailed. During<br />

high flows operations, typically during the spring freshet, the diversion of flows for the<br />

project would reduce or curtail as needed. During the hot summer months when flows in<br />

the <strong>Loup</strong> River are impacted by upstream irrigation withdrawals, the project operates by<br />

16


eleasing a minimum of 50 to 75 cfs in the <strong>Loup</strong> River bypassed reach when conditions<br />

warrant.<br />

The project generates about 134,192 megawatt-hours (MWh) of energy per year.<br />

The <strong>District</strong> proposes no changes to the operation of the project.<br />

3.2 Staff's Modification of the Proposed Action<br />

We will consider various alternatives, including environmental measures not<br />

proposed by the <strong>District</strong>. We will consider and assess all alternative recommendations<br />

for operational or facility modifications, as well as protection, mitigation, and<br />

enhancement measures identified by us (the Commission staff), the agencies, Indian<br />

tribes, NGOs, and the general public. To the extent that modifications would reduce<br />

power production from the project, we will evaluate the costs of providing an equivalent<br />

amount of fossil-fueled power generation.<br />

3.3 No-action Alternative<br />

Under no action, the <strong>Loup</strong> River Project would continue to operate as required by<br />

the current project license. No new environmental protection, mitigation, or<br />

enhancement measures would be implemented. We use this alternative to establish<br />

baseline environmental conditions for comparison with other alternatives.<br />

3.4 Alternatives Considered but Eliminated from Detailed Study<br />

At present, we propose to eliminate the following alternatives from detailed and<br />

comprehensive analyses in the EA.<br />

3.4.1 Federal Government Takeover<br />

In accordance with § 16.14 of the Commission’s regulations, a federal department<br />

or agency may file a recommendation that the United States exercise its right to take over<br />

a hydroelectric power project with a license that is subject to sections 14 and 15 of the<br />

FPA. 7 We do not consider federal takeover to be a reasonable alternative. Federal<br />

takeover of the project would require congressional approval. While that fact alone<br />

would not preclude further consideration of this alternative, there is currently no evidence<br />

showing that federal takeover should be recommended to Congress. No party has<br />

suggested that federal takeover would be appropriate and no federal agency has expressed<br />

interest in operating the project.<br />

7 16 U.S.C. §§ 791(a)-825(r).<br />

17


3.4.2 Nonpower License<br />

A non-power license is a temporary license which the Commission would<br />

terminate whenever it determines that another governmental agency will assume<br />

regulatory authority and supervision over the lands and facilities covered by the nonpower<br />

license. Hence, issuing a non-power license for the project would not provide a<br />

long-term solution to the issues presented. To date, no party has sought a non-power<br />

license, and we have no basis for concluding that the project should no longer be used to<br />

produce power. Thus, we do not consider a non-power license to be a reasonable<br />

alternative to some form of new license with enhancement measures.<br />

3.4.3 Project Decommissioning<br />

Decommissioning of the project could be accomplished with or without diversion<br />

weir removal. Either alternative would require denying the relicense application and<br />

surrender or termination of the existing license with appropriate conditions. There would<br />

be significant costs involved with decommissioning the project and/or removing any<br />

project facilities. The project provides a viable, safe, and clean renewable source of<br />

power (about 134,192 MWh annually) to the region. With decommissioning, the project<br />

would no longer be authorized to generate power.<br />

At this time, no party has suggested that project decommissioning would be<br />

appropriate in this case, and we have no basis for recommending it. Thus, we do not<br />

consider project decommissioning a reasonable alternative to relicensing the project with<br />

appropriate environmental enhancement measures.<br />

4.0 SCOPE OF CUMULATIVE ANALYSIS AND RESOURCE ISSUES<br />

4.1 Cumulative Effects<br />

According to the Council on Environmental Quality's regulations for<br />

implementing NEPA (40 CFR Section 1508.7), a cumulative effect is an impact on the<br />

environment resulting from the incremental impacts of the action when added to other<br />

past, present and reasonably foreseeable future actions, regardless of what agency or<br />

person undertakes such other actions. Cumulative effects can result from individually<br />

minor but collectively significant actions taking place over a period of time, including<br />

hydropower and other land and water development activities.<br />

4.1.1 Resources That Could Be Cumulatively Affected<br />

We have reviewed the information provided in the PAD, and based on our review<br />

and preliminary analysis, we have identified threatened and endangered species,<br />

specifically the federally listed piping plover, interior least tern, and pallid sturgeon as<br />

18


esources that may be cumulatively affected by the proposed continued operation of the<br />

<strong>Loup</strong> River Project.<br />

Water depletions and diversions associated with evaporative losses, irrigation<br />

diversions, human disturbances, channelization, encroaching vegetation, and<br />

introductions of non-native species may have led to degradation of habitat and reduced<br />

populations of the above federally listed species in the lower Platte River. Potential<br />

depletions of water (evaporative losses) and flow alterations associated with <strong>Loup</strong> River<br />

Project operations may contribute to the adverse effects on these species.<br />

4.1.2 Geographic Scope<br />

Our geographic scope of analysis for cumulatively affected resources is defined by<br />

the physical limits or boundaries of: (1) the proposed action's effect on the resources, and<br />

(2) contributing effects from other hydropower and non-hydropower activities within the<br />

<strong>Loup</strong> River basin and the lower Platte River basin. Because the proposed action would<br />

affect the resources differently, the geographic scope for each resource may vary.<br />

At this time, we have tentatively identified the <strong>Loup</strong> River basin and the lower<br />

Platte River from the <strong>Loup</strong> River confluence to the Missouri River confluence as our<br />

geographic scope of analysis for the federally listed species.<br />

4.1.3 Temporal Scope<br />

The temporal scope of our cumulative effects analysis in the EA will include a<br />

discussion of past, present, and future actions and their effects on each resource. Based<br />

on the potential term of a new license, the temporal scope will look 30-50 years into the<br />

future, concentrating on the effect to the resources from reasonably foreseeable future<br />

actions. The historical discussion will, by necessity, be limited to the amount of available<br />

information for each resource.<br />

We are seeking further information from federal and state resource agencies,<br />

Indian tribes, and any other sources pertaining to past, present, and future actions and<br />

their effects on the aforementioned resources (in the form of previous studies; present<br />

plans; and future plans, goals, or forecasts) in the <strong>Loup</strong> River basin and the lower Platte<br />

River, especially those areas where we will focus our analysis (see section 5 for<br />

submitting information).<br />

4.2 Resource Issues<br />

In this section, we present the preliminary list of environmental issues and<br />

concerns to be addressed in the EA. This list is not intended to be exhaustive or final, but<br />

is an initial listing of issues we have identified to date associated with relicensing the<br />

19


project. We may modify or add to the list of issues based on comments received during<br />

scoping. After scoping is completed, we will review this list and determine the<br />

appropriate level of analysis needed to address each issue in the EA. For convenience,<br />

the issues have been listed by resource area. Those issues identified by an asterisk (*)<br />

will be analyzed for both cumulative and site-specific effects.<br />

4.2.1 Geology and Soil Resources<br />

Effects of continued project operation and maintenance and recreational<br />

boating on shoreline erosion.<br />

4.2.2 Aquatic Resources<br />

Effects of the project diversions on water temperatures in the <strong>Loup</strong> River<br />

bypassed reach with particular emphasis between the diversion weir and the<br />

confluence of the <strong>Loup</strong> River with Beaver Creek.<br />

Effects of any changes to project diversions on irrigation use of <strong>Loup</strong> power<br />

canal waters.<br />

Effects of project operations on water quality (dissolved oxygen [DO], E. coli,<br />

pH, PCBs, and temperature) in the <strong>Loup</strong> power canal and regulating reservoirs.<br />

Effects of the project diversions and flow fluctuations on aquatic habitat<br />

(including habitat connectivity and distribution) and aquatic species in the<br />

<strong>Loup</strong> River below the project diversion structure and in the lower Platte<br />

River.*<br />

Effects of peaking (hydrocycling) operations on aquatic habitat and aquatic<br />

species in the Platte River downstream of the confluence with the tailrace<br />

canal.*<br />

Effects of intermittent flow releases from the tailrace canal into Lost Creek on<br />

aquatic resources and aquatic habitat in Lost Creek.<br />

Effects of the diversion weir on fish passage and aquatic species distribution<br />

and life histories in the <strong>Loup</strong> River.<br />

Effects of peaking (hydrocycling) operations on fish stranding and mortality in<br />

the tailrace canal and the lower Platte River.<br />

4.2.3 Terrestrial Resources<br />

Effects of the project diversions and flow fluctuations on wetland and riparian<br />

vegetation establishment and composition in the <strong>Loup</strong> River below the project<br />

diversion structure and in the lower Platte River.<br />

Effects of project operation and maintenance activities and project-related<br />

recreation on wintering and nesting bald eagles, migratory birds (bank and cliff<br />

swallows), small white lady’s slipper, and Tier 1 At-Risk Species by the<br />

20


Nebraska Natural Legacy Project.<br />

4.2.4 Threatened and Endangered Species<br />

Potential effects of continued project operations (timing and amount of flow<br />

diversion for generation, sediment management, and flow fluctuations from<br />

hydrocycling on the federally listed pallid sturgeon in the lower Platte River.*<br />

Effects of continued project operations (timing and amount of flow diversion<br />

for generation, sediment management, and flow fluctuations from hydrocycling<br />

and project-related recreation (use of off-road vehicles) on the federally listed<br />

interior least tern and piping plover in the bypassed reach of the <strong>Loup</strong> River,<br />

the sand management areas, and in the lower Platte River, specifically<br />

considering: (1) creation, longevity, and quality of nesting habitat (sandbar<br />

formation, foundation, erosion); (2) availability of food and the quality of<br />

foraging habitat; (3) species composition and establishment of invasive species<br />

and woody vegetation; (4) susceptibility of land-based predation and human<br />

disturbance on nesting terns and piping plovers; and (5) nesting initiation and<br />

success (inundation effects).*<br />

Effects of flow fluctuations from hydrocycling on ice jam formations in the<br />

lower Platte River including associated effects (ice scouring) on nesting and<br />

foraging habitat for the least tern and piping plover.<br />

Effects of continued project operations on the federally listed Western prairie<br />

fringed orchid.<br />

Effects of project operations on whooping crane foraging habitat in the<br />

bypassed reach of the <strong>Loup</strong> River.<br />

Effect of project operations (e.g., dredging) on PCB dispersal and the<br />

associated effect on the least tern.<br />

4.2.5 Recreation and Land Use<br />

Effects of existing recreation facilities (fishing areas, hunting areas, camping<br />

sites, boat launches, trails, playgrounds and swimming areas) and public access<br />

within the project boundary on current and future (over the term of a new<br />

license) recreation demand, including barrier-free access.<br />

Effects of water quality on recreational fisheries, swimming, canoeing, and<br />

boating.<br />

Effects of the project diversion on the recreational use within the bypassed<br />

reach of the <strong>Loup</strong> River.<br />

4.2.6 Land Use and Aesthetics<br />

Effects of current project operation, maintenance, and recreation on adjacent<br />

21


land uses.<br />

Effects of encroaching vegetation and bank stabilization measures along<br />

shoreline areas on aesthetic resources within the project area.<br />

4.2.7 Cultural Resources<br />

Effects of continued project operations and maintenance on cultural, historic,<br />

archeological, and traditional resources in the project area of potential effect<br />

and their eligibility to be included in the National Register of Historic Places<br />

4.2.8 Developmental Resources<br />

The effects of the proposed project and alternatives, including any<br />

recommended environmental measures on the power economic of the project.<br />

4.3 Proposed Protection and Enhancement Measures and Potential Studies<br />

Depending upon the findings of studies completed by the <strong>District</strong> and the<br />

recommendations of the consulted entities, the <strong>District</strong> will consider, and may propose<br />

certain other measures to enhance environmental resources affected by the project as part<br />

of the proposed action. The following are the <strong>District</strong>’s initial study proposals to fill<br />

information gaps to address the above issues and determine appropriate environmental<br />

measures. Further studies may need to be added to this list based on comments provided<br />

to the Commission from interested participants, including Indian tribes. The <strong>District</strong><br />

proposes the following studies:<br />

Sedimentation - Determine if project operations materially affect sediment<br />

transport within the <strong>Loup</strong> River bypassed reach and the Platte River<br />

downstream of the Tailrace Canal.<br />

Hydrocycling - Determine the effect of Project operations on the sub-daily<br />

hydrograph and stage of the Platte River downstream of the Tailrace Canal.<br />

Water Temperature in the Platte River - Determine if Project operations<br />

materially affect water temperature in the Lower Platte River.<br />

Water Temperature in the <strong>Loup</strong> River bypassed reach - Determine if Project<br />

operations materially affect water temperature in the <strong>Loup</strong> River bypassed<br />

reach.<br />

Flow Depletion in the <strong>Loup</strong> River bypassed reach - Determine the effect on<br />

riverine habitat of reduced flows in the <strong>Loup</strong> River bypassed reach resulting<br />

from project operations.<br />

Fish Sampling - Determine the species abundance, composition, and<br />

distribution of sport fisheries in the <strong>Loup</strong> <strong>Power</strong> Canals.<br />

Fish Passage - Determine if the diversion weir is a barrier to fish movement<br />

22


upstream.<br />

Recreational User Survey - Determine the public awareness, usage, and<br />

demand of the project’s existing recreational facilities to determine if potential<br />

improvements are needed.<br />

Creel Survey - Determine the status of project fisheries and how the fisheries<br />

are used by anglers.<br />

Land Use Inventory - Determine specific land use of properties that abut the<br />

project boundary to identify potential conflicts and/or opportunities.<br />

Section 106 Compliance - Programmatic approach - Achieve NHPA section<br />

106 compliance through a programmatic, ongoing relationship between the<br />

<strong>Loup</strong> <strong>Power</strong> <strong>District</strong> and the Nebraska SHPO<br />

6.0 EA PREPARATION SCHEDULE<br />

At this time, we do not anticipate the need for preparing a draft EA. We will<br />

prepare a “single EA” for these projects, which will be sent to all persons and entities on<br />

the Commission’s service and mailing lists for the <strong>Loup</strong> River Project. The EA will<br />

include our recommendations for operating procedures, as well as environmental<br />

protection and enhancement measures that should be part of any license issued by the<br />

Commission. All recipients (and stakeholders) will then have 45 days to review the EA<br />

and file written comments with the Commission. All comments on the EA, filed with the<br />

Commission, will be considered in any Commission order rendering a decision on a new<br />

license for the project. 8<br />

<strong>Appendix</strong> A contains the Process Plan and schedule for pre-application activity.<br />

Our preliminary schedule for processing the license application is as follows:<br />

ACTION TARGET DATE<br />

Scoping Meetings January 2009<br />

License Applications Filed April 2012<br />

Issue Ready for Environmental Analysis Notice July 2012<br />

Deadline for Filing Comments, Recommendations and September 2012<br />

Agency Terms and Conditions/Prescriptions<br />

Single EA Issued May 2013<br />

Deadline for Filing Modified Agency Recommendations July 2013<br />

8<br />

Should substantive comments requiring reanalysis be received on the EA, we<br />

would consider preparing a subsequent EA.<br />

23


SUMMARY<br />

7.0 EA OUTLINE<br />

The preliminary outline for the <strong>Loup</strong> River Project EA is as follows:<br />

1.0 APPLICATION<br />

2.0 PURPOSE OF ACTION AND NEED FOR POWER<br />

2.1 Purpose of Action<br />

2.2 Need for <strong>Power</strong><br />

3.0 PROPOSED ACTION AND ALTERNATIVES<br />

3.1 Project Facilities and Operation<br />

3.2 Proposed Protection, Mitigation, and Enhancement Measures<br />

3.3 Additional Staff-recommended Measures<br />

3.4 No-action<br />

3.5 Alternatives Considered but Eliminated from Detailed Study<br />

4.0 CONSULTATION AND COMPLIANCE<br />

4.1 Scoping<br />

4.2 Interventions<br />

4.3 Comments on the Application<br />

4.4 Compliance<br />

4.4.1 Water Quality Certification<br />

4.4.2 Section 18 Fishway Prescription<br />

4.4.3 Endangered Species Act<br />

4.4.4 Coastal Zone Consistency Determination<br />

4.4.5 Section 106 <strong>Consultation</strong><br />

5.0 ENVIRONMENTAL ANALYSIS<br />

5.1 General Description of the <strong>Loup</strong> River Basin<br />

5.2 Cumulative Effects<br />

5.2.1 Geographic Scope<br />

5.2.2 Temporal Scope<br />

5.3 Environmental Analysis<br />

5.3.1 Geology and Soils<br />

5.3.2 Water Resources<br />

5.3.3 Fisheries and Aquatics<br />

5.3.4 Terrestrial Resources<br />

5.3.5 Threatened and Endangered Species<br />

5.3.6 Recreational Resources<br />

5.3.7 Land Use and Aesthetic Resources<br />

5.3.8 Archeological and Historic Resources<br />

5.4 No Action<br />

6.0 DEVELOPMENTAL ANALYSIS<br />

6.1 <strong>Power</strong> and Economic Benefits<br />

24


6.2 Cost of Environmental Measures<br />

6.3 Economic Comparison of the Alternatives<br />

7.0 COMPREHENSIVE DEVELOPMENT ANALYSIS<br />

8.0 RECOMMENDATIONS OF FISH AND WILDLIFE AGENCIES<br />

9.0 CONSISTENCY WITH COMPREHENSIVE PLANS<br />

10.0 FINDING OF [OR NO] SIGNIFICANT IMPACT<br />

11.0 LITERATURE CITED<br />

LIST OF PREPARES<br />

APPENDICES (As Needed)<br />

8.0 LIST OF COMPREHENSIVE PLANS<br />

Section 10(a)(2) of the FPA requires us to consider whether or not, and under what<br />

conditions, relicensing the project would be consistent with relevant comprehensive plans<br />

on the Commission’s Comprehensive Plan List. Those plans currently listed on the<br />

Commission’s Comprehensive Plan List which we consider to be relevant to this project<br />

are listed below. We ask agencies to review this list and to inform us of any changes<br />

(additions/subtractions) that are needed. If there are plans that should be added to the list,<br />

agencies should file the plans according to 18 CFR 2.19.<br />

Brown, MB & Jorgensen, JG (2008). 2008 Interior least tern and piping plover<br />

monitoring, research, management, and outreach report for the Lower Platte River,<br />

Nebraska. Joint report of the Tern and Plover Conservation <strong>Part</strong>nership and the<br />

Nebraska Game and Parks Commission.<br />

National Park Service. 1982. The nationwide rivers inventory. Department of the Interior,<br />

Washington, D.C. January 1982.<br />

Nebraska Game and Parks Commission. 2006-2010. State Comprehensive Outdoor<br />

Recreation Plan (SCORP). Lincoln, Nebraska. 104 pp.<br />

Platte River Report Management Joint Study. 1990. Biology workgroup final report.<br />

Denver, Colorado. July 20, 1990. 131 pp.<br />

U.S. Fish and Wildlife Service. 1990. Endangered resources in the Platte River<br />

ecosystem: description, human influences and management options. Department of the<br />

Interior, Denver, Colorado. July 20, 1990. 52 pp.<br />

U.S. Fish and Wildlife Service. 1987. Fish and wildlife resources of interest to the U.S.<br />

Fish and Wildlife Service on the Platte River, Nebraska. Department of the Interior,<br />

Grand Island, Nebraska. May 15, 1987. 37 pp.<br />

U.S. Fish and Wildlife Service. 1988. Great Lake and Northern Great Plains Piping<br />

25


Plover recovery plan. Department of the Interior, Twin Cities, Minnesota.<br />

May 12, 1988.<br />

U.S. Fish and Wildlife Service. Canadian Wildlife Service. 1986. North American<br />

waterfowl management plan. Department of the Interior. Environment Canada. May<br />

1986.<br />

U.S. Fish and Wildlife Service. Undated. Fisheries USA: the recreational fisheries policy<br />

of the U.S. Fish and Wildlife Service. Washington, D.C.<br />

9.0 MAILING LIST<br />

The list below is the Commission’s official mailing list for the <strong>Loup</strong> River Project.<br />

If you want to receive future mailings for the <strong>Loup</strong> River Project and are not included in<br />

the list below, please send your request by email to efiling@ferc.gov or by mail to:<br />

Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 888 First Street,<br />

N.E., Room 1A, Washington, DC 20426. All written and emailed requests to be added to<br />

the mailing list must clearly identify the following on the first page: <strong>Loup</strong> River Project<br />

No. 1256-029. You may use the same method if requesting removal from the mailing list<br />

shown below.<br />

Commission’s Mailing List for the <strong>Loup</strong> River Project<br />

Environmental Protection Agency<br />

901 N 5th St<br />

Kansas City, NEBRASKA 66101-2907<br />

Federal Energy Regulatory Commission<br />

CHICAGO REGIONAL OFFICE - FEDERAL BLDG.<br />

230 S Dearborn St Ste 3130<br />

Chicago, NEBRASKA 60604-1695<br />

Forest Service<br />

PO Box 25127<br />

Denver, NEBRASKA 80225-0127<br />

Regional Hydropower Coordinator<br />

FOREST SERVICE<br />

125 S State St<br />

Salt Lake City, NEBRASKA 84138<br />

26


ROBERT E WHITE, GEN. MANAGER<br />

LOUP RIVER PUBLIC POWER DISTRICT<br />

PO Box 988<br />

Columbus, NEBRASKA 68602-0988<br />

OWEN LLOYD, ENGR. MANAGER<br />

LOUP RIVER PUBLIC POWER DISTRICT<br />

PO Box 988<br />

Columbus, NEBRASKA 68602-0988<br />

Neal Suess, President/CEO<br />

LOUP RIVER PUBLIC POWER DISTRICT<br />

2404 15th Street<br />

P.O. Box 988<br />

Columbus, NEBRASKA 68602-0988<br />

Prescott Brownell, Regional FERC Coordinator<br />

National Marine Fisheries Service<br />

219 Fort Johnson Road<br />

Charleston, NEBRASKA 29412<br />

NEBRASKA DEPARTMENT OF AGRICULTURE<br />

PO Box 94947<br />

Lincoln, NEBRASKA 68509-4947<br />

Director<br />

Nebraska Department of Natural Resources<br />

PO Box 94676<br />

Lincoln, NEBRASKA 68509-4676<br />

Director<br />

NEBRASKA DEPT. OF ENVIRONMENTAL QUALITY<br />

PO Box 98922<br />

Lincoln, NEBRASKA 68509-8922<br />

Frank Albrecht, Director<br />

NEBRASKA GAME & PARKS COMMISSION<br />

PO Box 30370<br />

Lincoln, NEBRASKA 68503-0370<br />

ATTY. GENERAL<br />

NEBRASKA OFFICE OF THE ATTORNEY GEN.<br />

STATE CAPITOL<br />

LINCOLN, NEBRASKA 68509<br />

NEBRASKA STATE HISTORICAL SOCIETY<br />

1500 R St<br />

Lincoln, NEBRASKA 68508-1651<br />

27


U.S. Bureau of Reclamation<br />

PO Box 36900<br />

Billings, NEBRASKA 59107-6900<br />

U.S. Fish and Wildlife Service<br />

FEDERAL BUILDING<br />

203 W 2nd St<br />

Grand Island, NEBRASKA 68801-5907<br />

U.S. Fish and Wildlife Service<br />

Regional Director<br />

PO Box 25486<br />

Denver, NEBRASKA 80225-0486<br />

Angela M Tornes<br />

U.S. National Park Service<br />

626 E Wisconsin Ave Ste 100<br />

Milwaukee, NEBRASKA 53202-4609<br />

Nick Chevance, Environmental Coordinator<br />

U.S. National Park Service<br />

601 Riverfront Drive<br />

Planning And Compliance Office<br />

Omaha, NEBRASKA 68102<br />

Honorable Chuck Hagel<br />

United States Senate<br />

Washington, NEBRASKA 20510<br />

Honorable Ben Nelson<br />

United States Senate<br />

Washington, NEBRASKA 20510<br />

US Army Corps of Engineers<br />

MISSOURI RIVER DIVISION<br />

12565 W Center Road<br />

Omaha, NEBRASKA 68144-3869<br />

US Bureau of Indian Affairs<br />

ABERDEEN AREA OFFICE<br />

115 4th Ave SE<br />

Aberdeen, NEBRASKA 57401-4310<br />

Bob Dach, Hydropower Program Manager<br />

US Bureau of Indian Affairs<br />

Natural Resources<br />

911 NE 11th Avenue<br />

Portland, NEBRASKA 97232<br />

28


US Bureau of Land Management<br />

PO Box 1828<br />

Cheyenne, NEBRASKA 82003-1828<br />

US Department of Interior<br />

OFFICE OF ENVIRONMENTAL AFFAIRS<br />

1849 C St NW # ROOM 2353<br />

Washington, DC 20240-0001<br />

Roger Trudell, Chairman<br />

Santee Sioux Tribal Council<br />

Route 2<br />

Niobrara, NEBRASKA 68760<br />

Trey Howe, Chairman<br />

Ponca Tribe of Oklahoma<br />

P.O. Box 2, White Eagle Drive<br />

Ponca City, OKLAHOMA 74601<br />

Amen Sheridan, Chairman<br />

Omaha Tribal Council<br />

Omaha Tribe of Nebraska<br />

P.O. Box 368<br />

Macy, NEBRAKSA 68039<br />

George Howell, President<br />

Pawnee Tribal Business Council<br />

P.O. Box 470<br />

Pawnee, OKLAHOMA 74058<br />

Robert F Stewart, Director<br />

US Department of Interior<br />

PO Box 25007<br />

Denver, NEBRASKA 0007<br />

29


APPENDIX A - PROCESS PLANS AND SCHEDULES<br />

LOUP RIVER ILP PROCESS PLAN AND SCHEDULE<br />

Responsible <strong>Part</strong>y Pre-Filing Milestone Date<br />

FERC<br />

Regulation<br />

<strong>Loup</strong> <strong>Power</strong> <strong>District</strong> File NOI/PAD with FERC 10/16/08 5.5, 5.6<br />

FERC Tribal Meeting 5.7<br />

FERC<br />

Notice of Commencement of<br />

Proceeding and SD1 issued<br />

12/12/08 5.8<br />

FERC<br />

Scoping and Site Visit<br />

(approximate date)<br />

1/12/09 5.8(b)(viii)<br />

All stakeholders<br />

NOI/PAD/SD1 comments and<br />

Study Requests<br />

2/10/09 5.9<br />

FERC Issue SD2 if needed 3/27/09 5.1<br />

<strong>Loup</strong> <strong>Power</strong> <strong>District</strong> File Proposed Study Plan 3/27/09 5.11(a)<br />

All stakeholders Study Plan Meeting 4/21/09 5.11(e)<br />

All stakeholders Study Plan Comments Due 6/25/09 5.12<br />

<strong>Loup</strong> <strong>Power</strong> <strong>District</strong> File Revised Study Plan 7/27/09 5.13(a)<br />

All stakeholders Revised Study Plan Comments Due 8/11/09 5.13(b)<br />

FERC<br />

Director’s Study Plan<br />

Determination<br />

8/26/09 5.13(c)<br />

USFS, USFWS,<br />

NDEQ<br />

Any Study Disputes Due 1 9/15/09 5.14(a)<br />

Study D. Panel Third Panel Member Selected 10/5/09 5.14(d)(3)<br />

Study D. Panel Panel Convenes 10/5/09 5.14(d)<br />

<strong>Loup</strong> <strong>Power</strong> <strong>District</strong><br />

Applicant Comments on Study<br />

Dispute Due<br />

10/9/09 5.14(i)<br />

Study D. Panel Technical Conference Held 10/15/09 5.14(j)<br />

Study D. Panel Panel Finding Issued 11/4/09 5.14(k)<br />

FERC<br />

Director’s Study Dispute<br />

Determination<br />

11/24/09 5.14(l)<br />

<strong>Loup</strong> <strong>Power</strong> <strong>District</strong> First Study Season Sum/Fall 09 5.15(a)<br />

<strong>Loup</strong> <strong>Power</strong> <strong>District</strong> Initial Study Report 8/26/10 5.15(c)(1)<br />

All stakeholders Initial Study Report Meeting 9/10/10 5.15(c)(2)<br />

<strong>Loup</strong> <strong>Power</strong> <strong>District</strong><br />

Initial Study Report Meeting<br />

summary<br />

9/24/10 5.15(c)(3)<br />

All stakeholders<br />

Study Disputes/Request to Modify<br />

Study Plan Due<br />

10/25/10 5.15(c)(4)<br />

All stakeholders<br />

Responses to Disputes/Study<br />

Requests<br />

11/24/10 5.15(c)(5)<br />

FERC Directors Study Plan Determination 12/27/10 5.15(c)(6)<br />

<strong>Loup</strong> <strong>Power</strong> <strong>District</strong> Second Study Season Spr/Sum 10 5.15(a)<br />

30


Responsible <strong>Part</strong>y Pre-Filing Milestone Date<br />

FERC<br />

Regulation<br />

<strong>Loup</strong> <strong>Power</strong> <strong>District</strong> Updated Study Report Due 8/26/11 5.15(f)<br />

All stakeholders Updated Study Report Meeting 9/9/11 5.15(f)<br />

<strong>Loup</strong> <strong>Power</strong> <strong>District</strong><br />

Updated Study Report Meeting<br />

Summary<br />

9/23/11 5.15(f)<br />

All stakeholders<br />

Study Disputes/Request to Modify<br />

Study Plan Due<br />

10/24/11 5.15(f)<br />

All stakeholders<br />

Responses to Disputes/Study<br />

Requests<br />

11/23/11 5.15(f)<br />

FERC Directors Study Plan Determination 12/23/11 5.15(f)<br />

<strong>Loup</strong> <strong>Power</strong> <strong>District</strong><br />

Preliminary Licensing Proposal<br />

File<br />

11/18/11 5.16(a)<br />

All stakeholders<br />

Comments on Preliminary<br />

2/16/12 5.16(e)<br />

Licensing Proposal<br />

<strong>Loup</strong> <strong>Power</strong> <strong>District</strong> License Application Filed 4/16/12 5.17<br />

1 Shaded milestones are unnecessary if there are no study disputes.<br />

31


Selzle, Lydia<br />

From: Pavelka, Gregory A NWO [Gregory.A.Pavelka@usace.army.mil]<br />

Sent: Monday, March 30, 2009 12:37 PM<br />

To: Marinovich, Melissa<br />

Cc: Crane, Kelly A NWO<br />

Subject: RE: Tern and Plover data and habitat<br />

Attachments: FRLCGP.XLW.xls<br />

Dear Melissa,<br />

Billings was cold and snowy, but on the drive home through southeast Montana we were rewarded with views of lots of<br />

pronghorns and mule deer feeding down in the valleys. Attached is an Excel spreadsheet with tern and plover data for the<br />

Fort Randall, Lewis & Clark Lake and Gavins Point Sergments for 1986:2008. The spreadsheets are divided by segment<br />

and species. Kelly Crane, the Omaha <strong>District</strong> Emergent Sandbar Habitat Coordinator, will be able to provide you with data<br />

and designs for our ESH work. I have CCed her on this e:mail. Kelly's phone number is 402:995:2505. If you have any<br />

questions, please e:mail me or call me at 402:667:2581.<br />

Greg<br />

From: Marinovich, Melissa [mailto:Melissa.Marinovich@hdrinc.com]<br />

Sent: Monday, March 23, 2009 7:06 AM<br />

To: Pavelka, Gregory A NWO<br />

Subject: RE: Tern and Plover data and habitat<br />

No problem. Enjoy your time in Montana. It’s my favorite state!<br />

Melissa<br />

From: Pavelka, Gregory A NWO [mailto:Gregory.A.Pavelka@usace.army.mil]<br />

Sent: Sunday, March 22, 2009 1:44 PM<br />

To: Marinovich, Melissa<br />

Subject: RE: Tern and Plover data and habitat<br />

Hi Melissa,<br />

I will be out of town all next week attending a conference in Billings. I will get the data to you on Monday, March 30.<br />

Thanks for your patience.<br />

Greg<br />

From: Marinovich, Melissa [mailto:Melissa.Marinovich@hdrinc.com]<br />

Sent: Friday, March 20, 2009 9:07 AM<br />

To: Pavelka, Gregory A NWO<br />

Subject: Tern and Plover data and habitat<br />

Hi Greg,<br />

I received your name from the NE Game and Parks Commission with regards to tern and plover data on the Missouri<br />

River. I also introduced myself to you at the Tern and Plover Meeting in February. I am currently involved in two projects<br />

1


with potential tern and plover issues. The Nebraska Highway N:12 USACE EIS (Niobrara east and west) and the <strong>Loup</strong><br />

Hydroelectric FERC Relicensing Project. A portion of my involvement in both of these projects is to develop biological<br />

assessments for the projects. I am also helping to develop study plans on the <strong>Loup</strong> project. We are currently in the<br />

process of collecting tern and plover census/bird/nest count data for the last 22 years on all of the Nebraska rivers and<br />

was told you were the keeper of all data from the Missouri River. Could you please share the nest/bird count data for terns<br />

and plovers that has been collected on the Missouri River between Fort Randall to below Gavins Point from 1987:2008?<br />

We are also attempting to collect as much information as possible on available/suitable tern and plover habitat. I know the<br />

USACE has been working to mechanically create/restore habitat in the Missouri River. Are there any papers or is there<br />

any information that you could provide regarding habitat measurements, requirements and amount of habitat available in<br />

the afore mentioned reaches of the Missouri River?<br />

We hope to develop meaningful studies based on the most recent and best available information. Your assistance in<br />

these endeavors is much appreciated. I understand the sensitive nature of the information and would like to assure you<br />

that this information will be used for analytical purposes only and location specific data will not be published without the<br />

permission of the USACE.<br />

Thank you for taking some time to talk with me at the meeting in February and I look forward to speaking with you again.<br />

Melissa Marinovich<br />

Environmental Scientist<br />

HDR ONE COMPANY | Many Solutions<br />

8404 Indian Hills Drive | Omaha, NE | 68114:4098<br />

Phone: 402.399.1317 | Fax: 402.399.1111<br />

Email: melissa.marinovich@hdrinc.com<br />

2


Selzle, Lydia<br />

From: Pillard, Matt<br />

Sent: Monday, March 30, 2009 4:39 PM<br />

To: frank.albrecht@nebraska.gov; jalexand@usgs.gov; calms@neb.rr.com;<br />

cgenoa@cablene.com; jangell@dnr.ne.gov; abaum@upperloupnrd.org;<br />

john.bender@nebraska.gov; al.berndt@nebraska.gov; rbishop@cpnrd.org; mbrown9<br />

@unl.edu; prescott.brownell@noaa.gov; steve.chick@ne.usda.gov; cothern.joe@epa.gov;<br />

adubas@leg.ne.gov; mferguson@gp.usbr.gov; barbara.j.friskopp@usace.army.mil;<br />

peggy.harding@ferc.gov; robert_harms@fws.gov; djjarecke@clarkswb.net;<br />

lpsnrd@lpsnrd.org; CoraJones@bia.gov; david.jundt@dhhs.ne.gov;<br />

kennyj@headwaterscorp.com; butchk@nctc.net; cityadmin@cablene.com;<br />

monroe@megavision.com; bobbie.wickham@nebraska.gov; mkuzila1@unl.edu;<br />

clangemeier@leg.ne.gov; justin.lavene@nebraska.gov; bczoning@frontiernet.net;<br />

pcclerk@megavision.com; jmangi@columbusne.us; jmiyoshi@lpnnrd.org; jeddins@achp.gov;<br />

danno@nohva.com; tprovost@omahatribeepd.com; bpuschendorf@nebraskahistory.org;<br />

chairmanrhodd@ponca.com; kenneth.sessa@dhs.gov; don_simpson@blm.gov;<br />

msittler@lpsnrd.org; Robert_F_Stewart@ios.doi.gov; astuthman@leg.ne.gov;<br />

ksullivan@leg.ne.gov; jmsunne@nppd.com; Willie_Taylor@ios.doi.gov;<br />

randy_thoreson@nps.gov; jwinkler@papionrd.org<br />

Cc: Kim.Nguyen@ferc.gov; nsuess@loup.com; rziola@loup.com; jfrear@loup.com; Richardson,<br />

Lisa (Omaha); Waldow, George; Engelbert, Pat; Sigler, Bill; White, Stephanie<br />

Subject: <strong>Loup</strong> <strong>Power</strong> <strong>District</strong> Relicensing : Agency Meeting Reminder<br />

Good afternoon. This e mail is a reminder of the upcoming Study Plan Meeting. Please note that the start time has been<br />

changed to 8:30 AM.<br />

April 21, 2009<br />

8:30 AM – 5:00 PM<br />

Holiday Inn Express<br />

524 E 23 rd St, Columbus<br />

This is the first study plan meeting designed to facilitate agreement between the <strong>District</strong> and participating agencies on what<br />

studies are needed, how studies will be conducted, and how the data from each study will be used (e.g., to evaluate species<br />

impacts, etc). This information will be incorporated into the revised study plan to be submitted July 27 th to FERC.<br />

The Proposed Study Plan was submitted to FERC on March 27, 2009. An electronic copy of the document can be found at<br />

the following location: http://www.loup.com/relicense/html/documents.html<br />

In order to streamline and maximize study plan discussions, the 12 study plans will be divided into the following discussion<br />

topics:<br />

Discussion Topic Associated Study Plans Discussion Forum<br />

Aquatic Resources • Sedimentation<br />

• Hydrocycling<br />

• Water Temperature in the Platte<br />

River<br />

• Water Temperature in the <strong>Loup</strong><br />

River Bypass Reach<br />

• Flow Depletion and Flow<br />

Diversion<br />

• Fish Passage<br />

• Ice Jam Flooding on the <strong>Loup</strong><br />

1<br />

April 21 Meeting in<br />

Columbus.


River*<br />

Cultural Resources • Section 106 Compliance Separate meeting with<br />

State Historical<br />

Recreation, Land Use, and<br />

Aesthetics<br />

• Recreation User Survey<br />

• Creel Survey / Fish Sampling<br />

• Land Use Inventory<br />

2<br />

Preservation Office<br />

*Ice Jam Flooding on the <strong>Loup</strong> River will be discussed at a separate meeting with DNR.<br />

Conference call meeting<br />

with the existing<br />

Recreation Workgroup &<br />

appropriate local partners<br />

such as CART and<br />

NOHVA<br />

As the following agenda shows, the first half of the meeting will review the study plan process and highlight all proposed<br />

study plans; the afternoon will focus exclusively on Aquatic Resources with the exception of Ice Jam Flooding on the <strong>Loup</strong><br />

River. Ice will be discussed at a separate meeting with DNR that will be open to broader participation by others interested in<br />

this topic. Similarly, Cultural Resources and Recreation, Land Use, and Aesthetics will be discussed in alternate forums as<br />

indicated, but will also be open to others interested in this topic.<br />

3/21/09 Meeting Agenda<br />

8:30 AM Welcome and Introductions<br />

8:45 AM Review Study Plan Process & Study Criteria<br />

9:00 AM Study Plan Collaboration & Discussion Topic Activities<br />

9:15 AM Study Plan Overview<br />

• Sedimentation<br />

• Hydrocycling<br />

• Water Temperature in the Platte River<br />

• Water Temperature in the <strong>Loup</strong> River Bypass Reach<br />

• Flow Depletion and Flow Diversion<br />

• Fish Sampling<br />

• Fish Passage<br />

• Recreation User Survey<br />

• Creel Survey<br />

• Land Use Inventory<br />

• Section 106 Compliance<br />

• Ice Jam Flooding on the <strong>Loup</strong> River<br />

• Studies Not Included<br />

11:30 AM Discussion of Study Baseline<br />

Noon Lunch<br />

12:30 PM Facilitated Aquatic Resources Discussion by Study<br />

• Flow Depletion and Diversion<br />

• Sedimentation<br />

• Hydrocycling<br />

• Water Temperature in the Platte River<br />

• Water Temperature in the <strong>Loup</strong> River Bypass Reach<br />

• Fish Passage<br />

4:45 Discussion of Future Meetings & Next Steps<br />

5:00 PM Adjourn<br />

Please bring your own copies of the Proposed Study Plans as working materials.


RSVP for lunch no later than April 14, 2009 to:<br />

Angell Robak at arobak@loup.com<br />

(402) 564 3171, ext. 275.<br />

FERC representatives will be in attendance at the meeting. <strong>Part</strong>icipants are welcome to participate via conference call.<br />

Call in details follow:<br />

Conference Call 1 866 994 6437<br />

Conference Code: 4023994909<br />

If needed, follow-up meetings will be held in Columbus on May 28 and July 1 from 8:30 AM to 5:00 PM to<br />

continue study plan issue resolution.<br />

If you do not wish to receive emails regarding the <strong>Loup</strong> <strong>Power</strong> <strong>District</strong> Relicensing effort, please let me know and you will<br />

be removed from future distributions.<br />

3


April 2, 2009<br />

Mr. George Howell<br />

Pawnee Tribal Business Council<br />

PO Box 470<br />

Pawnee, OK 74058<br />

Dear Mr. Howell:<br />

This letter is a reminder of the upcoming Study Plan Meeting for the <strong>Loup</strong> Hydroelectric Plant Relicensing<br />

Project. Please note that the start time has been changed to 8:30 AM.<br />

April 21, 2009 , 8:30 AM – 5:00 PM<br />

Holiday Inn Express, 524 E 23 rd St, Columbus<br />

This is the first study plan meeting designed to facilitate agreement between the <strong>District</strong> and participating<br />

agencies on what studies are needed, how studies will be conducted, and how the data from each study will be<br />

used (e.g., to evaluate species impacts, etc). This information will be incorporated into the revised study plan to be<br />

submitted July 27 th to FERC.<br />

The Proposed Study Plan was submitted to FERC on March 27, 2009. An electronic copy of the document can be<br />

found at http://www.loup.com/relicense/html/documents.html<br />

In order to streamline and maximize study plan discussions, the 12 study plans will be divided into the following<br />

discussion topics:<br />

Discussion Topic Associated Study Plans Discussion Forum<br />

Aquatic Resources Sedimentation<br />

April 21 Meeting in Columbus.<br />

Hydrocycling<br />

Water Temperature in the Platte River<br />

Water Temperature in the <strong>Loup</strong> River<br />

Bypass Reach<br />

Flow Depletion and Flow Diversion<br />

Fish Passage<br />

Ice Jam Flooding on the <strong>Loup</strong> River*<br />

Cultural Resources Section 106 Compliance Separate meeting with State<br />

Recreation, Land<br />

Use, and Aesthetics<br />

Recreation User Survey<br />

Creel Survey / Fish Sampling<br />

Land Use Inventory<br />

Historical Preservation Office<br />

Conference call meeting with the<br />

existing Recreation Workgroup &<br />

appropriate local partners such as<br />

CART and NOHVA<br />

*Ice Jam Flooding on the <strong>Loup</strong> River will be discussed at a separate meeting with DNR.<br />

As the following agenda shows, the first half of the meeting will review the study plan process and highlight all<br />

proposed study plans; the afternoon will focus exclusively on Aquatic Resources with the exception of Ice Jam<br />

Flooding on the <strong>Loup</strong> River. Ice will be discussed at a separate meeting with DNR that will be open to broader<br />

participation by others interested in this topic. Similarly, Cultural Resources and Recreation, Land Use, and<br />

Aesthetics will be discussed in alternate forums as indicated, but will also be open to others interested in this<br />

topic.


3/21/09 Meeting Agenda<br />

8:30 AM Welcome and Introductions<br />

8:45 AM Review Study Plan Process & Study Criteria<br />

9:00 AM Study Plan Collaboration & Discussion Topic Activities<br />

9:15 AM Study Plan Overview<br />

Sedimentation<br />

Hydrocycling<br />

Water Temperature in the Platte River<br />

Water Temperature in the <strong>Loup</strong> River Bypass Reach<br />

Flow Depletion and Flow Diversion<br />

Fish Sampling<br />

Fish Passage<br />

Recreation User Survey<br />

Creel Survey<br />

Land Use Inventory<br />

Section 106 Compliance<br />

Ice Jam Flooding on the <strong>Loup</strong> River<br />

Studies Not Included<br />

11:30 AM Discussion of Study Baseline<br />

Noon Lunch<br />

12:30 PM Facilitated Aquatic Resources Discussion by Study<br />

Flow Depletion and Diversion<br />

Sedimentation<br />

Hydrocycling<br />

Water Temperature in the Platte River<br />

Water Temperature in the <strong>Loup</strong> River Bypass Reach<br />

Fish Passage<br />

4:45 Discussion of Future Meetings & Next Steps<br />

5:00 PM Adjourn<br />

Please bring your own copies of the Proposed Study Plans as working materials.<br />

RSVP for lunch no later than April 14, 2009 to:<br />

Angell Robak at arobak@loup.com (402) 564-3171 ext. 275<br />

FERC representatives will be in attendance at the meeting. <strong>Part</strong>icipants are welcome to participate via conference<br />

call. Call-in details follow:<br />

Conference Call 1-866-994-6437 Conference Code: 4023994909<br />

If needed, follow-up meetings will be held in Columbus on May 28 and July 1 from 8:30 AM to 5:00 PM to<br />

continue study plan issue resolution.<br />

The Integrated Licensing Process (ILP) is a very fast moving process with strict deadlines; to minimize delay in<br />

transmitting information to Relicensing <strong>Part</strong>icipants the <strong>District</strong> is requesting e-mail addresses from all<br />

participants to expedite the flow of information. Please send an email to matt.pillard@hdrinc.com to receive<br />

future communication via e-mail. If you do not wish to receive future mailings, please respond accordingly.<br />

Sincerely,<br />

Lisa Richardson<br />

Project Manager


Lisa Richardson<br />

Project Manager<br />

HDR Engineering, Inc.<br />

8404 Indian Hills Drive<br />

Omaha, Ne 68114-4098<br />

Dear Ms. Richardson,<br />

Nebraska Game and Parks Commission<br />

2200 N. 33 rd St. / P.O. Box 30370 / Lincoln, NE 68503-0370<br />

Phone: 402-471-0641 / Fax: 402-471-5528 /<br />

http://www.ngpc.state.ne.us<br />

April 7, 2009<br />

This letter is in response to your letter to Frank Albrecht at the Nebraska Game and Parks Commission<br />

(NGPC) on March 2, requesting species occurrence data in the area of the <strong>Loup</strong> River hydroelectric<br />

facilities. You requested information on occurrences of Small White Lady’s Slipper, Whooping Crane,<br />

Interior Least Tern, Piping Plover, Bald Eagle, River Otter, Pallid Sturgeon, and Western Prairie<br />

Fringed Orchid. This letter was forwarded to the Nebraska Natural Heritage Program here at NGPC.<br />

The Nebraska Natural Heritage Program tracks occurrences of “at-risk” species within the state. “Atrisk”<br />

species are defined as those that are rare or declining in Nebraska, unique to Nebraska, or<br />

declining globally. State and federally listed threatened and endangered species are among those<br />

tracked by the Natural Heritage Program. The Program also tracks occurrences of the various types of<br />

natural plant communities in the state, both rare and common. Conservation of these communities<br />

serves as a “coarse filter” to help conserve the majority of species and preclude their decline to “atrisk”<br />

status. All “at-risk” species and natural communities are considered a valuable state resource<br />

worthy of ensuring their continued existence in Nebraska. Below is a summary of the information we<br />

have provided in response to your request.<br />

I am sending you as an e-mail attachment a table (‘LPD Species Occurrence Request.xls’) with<br />

information on the species’ occurrences within 2 miles of the hydroelectric facilities. For descriptions<br />

of the fields in the table see the attached ‘Field Definitions.xls.’ Occurrence data were tabulated by<br />

polygons (or ‘blocks’) representing five-mile portions of the buffered route (using a 2-mile buffer from<br />

the perimeter of the shapefile your company sent). Each polygon was then given a unique identifier or<br />

‘block number.’ There are 11 blocks. The attached shapefile (‘LPD_boundary_buffer’) shows the


lock locations.<br />

Each species occurrence was assigned the number of the block it fell in. A species occurrence which<br />

fell across block boundaries is listed for each of the blocks it overlapped with. If a species or<br />

community is listed more than once for a block it indicates that we have documented more than one<br />

occurrence of that species or community within that block.<br />

You will notice that we do not have any occurrences recorded for Bald Eagle, Pallid Sturgeon, or<br />

Western Prairie Fringed Orchid in the area of interest. Be aware that we have not surveyed the entire<br />

study area so there are likely to be more occurrences of listed species, including these three, in<br />

locations in the area which have suitable habitat. Thus the data should be interpreted with caution and<br />

an “absence of evidence is not evidence of absence” philosophy followed.<br />

An additional resource that may be useful to you is a set of range maps we have developed for<br />

Nebraska’s listed species. A document which includes these range maps is freely downloadable from<br />

the University of Nebraska-Lincoln Digital Commons. Also in the document is a table of species by<br />

county and the metadata for the shapefile used to create the range maps. To get the document, go to<br />

http://digitalcommons.unl.edu/nebgamewhitepap/30 and click on 'Download.' It takes a few moments<br />

to download so be patient. I am attaching to this e-mail the shapefile used to create the maps.<br />

Please note that this correspondence does not satisfy requirements of the Nongame and Endangered<br />

Species Conservation Act. Under the authority Neb.Rev.Stat. §37-807 (3) of the Nebraska Nongame<br />

and Endangered Species Conservation Act, all Nebraska state agencies are required to consult with the<br />

Nebraska Game and Parks Commission to ensure that any actions authorized, funded or carried out by<br />

them do not jeopardize the continued existence of a state listed species. This requirement would extend<br />

to any state permit issued. Please contact Rick Schneider (Rick.Schneider@nebraska.gov, 402-471-<br />

5569) for assistance with determining the potential of an action to affect listed species.<br />

Thank you for your inquiry. Please let me know if you have questions concerning the data or the<br />

attached invoice.<br />

Sincerely,<br />

Rachel Simpson<br />

Data Manager<br />

Nebraska Natural Heritage Program<br />

Rachel.Simpson@nebraska.gov<br />

402-471-5427


Selzle, Lydia<br />

From: Simpson, rachel [rachel.simpson@nebraska.gov]<br />

Sent: Tuesday, April 07, 2009 9:37 AM<br />

To: Marinovich, Melissa<br />

Subject: <strong>Loup</strong> River hydroelectric facilities ( your request for information from Nebraska Game and<br />

Parks Commission<br />

Attachments: NGPC <strong>Loup</strong> River data request.zip<br />

Dear Melissa,<br />

Attached is a zip file with material in response to Lisa Richardson's request for information<br />

regarding occurrences of specific listed species in the area of the <strong>Loup</strong> River hydroelectric<br />

facilities. The cover letter 'NGPC Data Request...' explains what material is included.<br />

If you would send me a quick e-mail to confirm you have received the file I would appreciate<br />

it.<br />

Thank you.<br />

Best,<br />

Rachel<br />

Rachel Simpson<br />

Data Manager<br />

Nebraska Natural Heritage Program<br />

Nebraska Game and Parks Commission<br />

2200 N. 33rd St.<br />

Lincoln, NE 68503<br />

rachel.simpson@nebraska.gov<br />

402-471-5427<br />

1


Lisa Richardson<br />

Project Manager<br />

HDR Engineering, Inc.<br />

8404 Indian Hills Drive<br />

Omaha, Ne 68114-4098<br />

Dear Ms. Richardson,<br />

Nebraska Game and Parks Commission<br />

2200 N. 33 rd St. / P.O. Box 30370 / Lincoln, NE 68503-0370<br />

Phone: 402-471-0641 / Fax: 402-471-5528 /<br />

http://www.ngpc.state.ne.us<br />

April 7, 2009<br />

This letter is in response to your letter to Frank Albrecht at the Nebraska Game and Parks Commission<br />

(NGPC) on March 2, requesting species occurrence data in the area of the <strong>Loup</strong> River hydroelectric<br />

facilities. You requested information on occurrences of Small White Lady’s Slipper, Whooping Crane,<br />

Interior Least Tern, Piping Plover, Bald Eagle, River Otter, Pallid Sturgeon, and Western Prairie<br />

Fringed Orchid. This letter was forwarded to the Nebraska Natural Heritage Program here at NGPC.<br />

The Nebraska Natural Heritage Program tracks occurrences of “at-risk” species within the state. “Atrisk”<br />

species are defined as those that are rare or declining in Nebraska, unique to Nebraska, or<br />

declining globally. State and federally listed threatened and endangered species are among those<br />

tracked by the Natural Heritage Program. The Program also tracks occurrences of the various types of<br />

natural plant communities in the state, both rare and common. Conservation of these communities<br />

serves as a “coarse filter” to help conserve the majority of species and preclude their decline to “atrisk”<br />

status. All “at-risk” species and natural communities are considered a valuable state resource<br />

worthy of ensuring their continued existence in Nebraska. Below is a summary of the information we<br />

have provided in response to your request.<br />

I am sending you as an e-mail attachment a table (‘LPD Species Occurrence Request.xls’) with<br />

information on the species’ occurrences within 2 miles of the hydroelectric facilities. For descriptions<br />

of the fields in the table see the attached ‘Field Definitions.xls.’ Occurrence data were tabulated by<br />

polygons (or ‘blocks’) representing five-mile portions of the buffered route (using a 2-mile buffer from<br />

the perimeter of the shapefile your company sent). Each polygon was then given a unique identifier or<br />

‘block number.’ There are 11 blocks. The attached shapefile (‘LPD_boundary_buffer’) shows the


lock locations.<br />

Each species occurrence was assigned the number of the block it fell in. A species occurrence which<br />

fell across block boundaries is listed for each of the blocks it overlapped with. If a species or<br />

community is listed more than once for a block it indicates that we have documented more than one<br />

occurrence of that species or community within that block.<br />

You will notice that we do not have any occurrences recorded for Bald Eagle, Pallid Sturgeon, or<br />

Western Prairie Fringed Orchid in the area of interest. Be aware that we have not surveyed the entire<br />

study area so there are likely to be more occurrences of listed species, including these three, in<br />

locations in the area which have suitable habitat. Thus the data should be interpreted with caution and<br />

an “absence of evidence is not evidence of absence” philosophy followed.<br />

An additional resource that may be useful to you is a set of range maps we have developed for<br />

Nebraska’s listed species. A document which includes these range maps is freely downloadable from<br />

the University of Nebraska-Lincoln Digital Commons. Also in the document is a table of species by<br />

county and the metadata for the shapefile used to create the range maps. To get the document, go to<br />

http://digitalcommons.unl.edu/nebgamewhitepap/30 and click on 'Download.' It takes a few moments<br />

to download so be patient. I am attaching to this e-mail the shapefile used to create the maps.<br />

Please note that this correspondence does not satisfy requirements of the Nongame and Endangered<br />

Species Conservation Act. Under the authority Neb.Rev.Stat. §37-807 (3) of the Nebraska Nongame<br />

and Endangered Species Conservation Act, all Nebraska state agencies are required to consult with the<br />

Nebraska Game and Parks Commission to ensure that any actions authorized, funded or carried out by<br />

them do not jeopardize the continued existence of a state listed species. This requirement would extend<br />

to any state permit issued. Please contact Rick Schneider (Rick.Schneider@nebraska.gov, 402-471-<br />

5569) for assistance with determining the potential of an action to affect listed species.<br />

Thank you for your inquiry. Please let me know if you have questions concerning the data or the<br />

attached invoice.<br />

Sincerely,<br />

Rachel Simpson<br />

Data Manager<br />

Nebraska Natural Heritage Program<br />

Rachel.Simpson@nebraska.gov<br />

402-471-5427


HERITAGE DATA FIELD DEFINITIONS<br />

Note in Heritage terminology: an “element” refers to an element of conservation interest. It can be a subspecies,<br />

species, ecological community or ecological system.<br />

Element_ty: Element type. Broad taxonomic group (e.g. bird, fish, plant, insect, etc.)<br />

Eo_id, Eoid: Element occurrence identification. Unique number identifying each<br />

element occurrence record. Can be used when requesting additional<br />

information about a particular record.<br />

Eorank_cd: Element occurrence rank code. A comparative evaluation summarizing<br />

the estimated viability of the occurrence.<br />

A = excellent B = good C = marginal D = poor E = extant H =<br />

historical X = extirpated blank = unknown.<br />

Fed_stat: Federal status. Status under the federal Endangered Species Act.<br />

Gname: Global name. Scientific name of species element or the ecological<br />

community name derived from the National Vegetation Classification.<br />

Gcomname: Global common name of an element.<br />

G_rank: Global rank of an element (species or community). Refer to separate<br />

handout defining Heritage ranks.<br />

Lgcy_stat: Legacy status. At-risk status of a species as designated in the Nebraska<br />

Natural Legacy Plan. Tier I species are those that are globally or<br />

nationally most at-risk of extinction and which occur in Nebraska. Tier II<br />

species are typically those that are not at-risk from a global or national<br />

perspective but are rare or imperiled within Nebraska.<br />

Obs_date: Date the element was last observed at the site.<br />

Rank_desc: Rank description. Brief description of the assigned element occurrence<br />

rank (Eorank).<br />

Scomname: State common name of an element.<br />

Sname: State scientific name of species element or state name of ecological<br />

community element.<br />

S_rank: State rank of element. Refer to separate handout defining Heritage ranks.


State_stat: State status. Status under the Nebraska Nongame and Endangered Species<br />

Conservation Act.


Heritage Element Occurrence Ranks<br />

In the Heritage terminology, an Element is an element of biodiversity. It can be a<br />

species, subspecies or ecological community.<br />

An Element Occurrence (EO) is an area of land and/or water in which a species or<br />

ecological community is, or was, present. An EO should have practical conservation<br />

value for the Element as evidenced by potential continued (or historical) presence and/or<br />

regular recurrence at a given location. For species, an EO is generally a local population,<br />

but in some cases may be a portion of a population. For vertebrates, EO’s typically<br />

consist of nesting, roosting, denning, or other sites important to the life history of the<br />

species. For plants and invertebrates, an EO is typically a site where a population occurs.<br />

For communities, an EO may represent a stand or patch, or a cluster of stands or patches,<br />

of an ecological community.<br />

EO ranks provide a succinct assessment of estimated viability, or probability of<br />

persistence of occurrences of a given element. In other words, EO ranks provide an<br />

assessment of the likelihood that, if current conditions prevail, an occurrence will persist<br />

for a defined period of time, typically 20 – 100 years. EO ranks are considered in<br />

assigning global and state element ranks and are a critical tool for conservation planning.<br />

An EO rank represents the relative value of an EO with respect to others for that element,<br />

defined according to criteria derived from specific EO rank factors. There are three rank<br />

factors, each reflecting what is currently known about an EO: size of the population or<br />

ecological community, condition of the population or community, and the landscape<br />

context within which the population or community is set. EO ranks are assigned on the<br />

basis of data obtained from recent field surveys (except for historical occurrences) by<br />

knowledgeable individuals.<br />

EO Rank<br />

A = Excellent estimated viability<br />

B = Good estimated viability<br />

C = Fair estimated viability<br />

D = Poor estimated viability<br />

E = Verified extant (viability not assessed)<br />

F = Failed to find<br />

H = Historical<br />

X = Extirpated


Selzle, Lydia<br />

From: Bender, John [john.bender@nebraska.gov]<br />

Sent: Friday, April 10, 2009 8:45 AM<br />

To: Damgaard, Quinn V.<br />

Cc: Bubb, Dave<br />

Subject: FW: <strong>Loup</strong> <strong>Power</strong> canal fish kill a few years ago.<br />

Attachments: <strong>Loup</strong> Canal fish kill notification and report August 2005.doc; supplement to the loup canal fish<br />

kill 8312305.wpd; <strong>Loup</strong> <strong>Power</strong> Canal.doc<br />

Quinn,<br />

I am forwarding you the information Dave Bubb put together regarding fish kills in the vicinity of the <strong>Loup</strong> <strong>Power</strong><br />

project. There are three attachments. One of the files is a WordPerfect document, but Word will open it. If you have<br />

questions, let me or Dave know.<br />

Please note my email address has changed to john.bender@nebraska.gov<br />

John F. Bender<br />

Water Quality Standards Coordinator<br />

Nebraska Department of Environmental Quality<br />

1200 N Street, P.O. Box 98922<br />

Lincoln, NE 68509-8922<br />

Phone: 402/471-4201<br />

From: Bubb, Dave<br />

Sent: Thursday, April 09, 2009 3:01 PM<br />

To: Bender, John<br />

Subject: FW: <strong>Loup</strong> <strong>Power</strong> canal fish kill a few years ago.<br />

John, these are the two that I know of. There's only one fish kill, the other is a complaint.<br />

Thanks, Dave.<br />

From: Schuckman, Jeff<br />

Sent: Monday, April 06, 2009 11:57 AM<br />

To: Bubb, Dave<br />

Subject: RE: <strong>Loup</strong> <strong>Power</strong> canal fish kill a few years ago.<br />

Dave,<br />

I remember it well and it came up recently at some meetings for FERC relicensing for the canal system. I sent this<br />

information to the consultants and LPPD this winter. Here it is for you.<br />

Jeff Schuckman<br />

Northeast Region Fish Mgt Supv<br />

Norfolk, NE 68701<br />

402637063374<br />

Please note new email address!<br />

jeff.schuckman@nebraska.gov<br />

1


From: Bubb, Dave<br />

Sent: Thursday, April 02, 2009 2:06 PM<br />

To: Schuckman, Jeff<br />

Subject: <strong>Loup</strong> <strong>Power</strong> canal fish kill a few years ago.<br />

Jeff, do you recall a fish kill in the <strong>Loup</strong> <strong>Power</strong> canal several years ago? They'd shut the water off in the canal because of<br />

work at Monroe, and it had become stagnant. Seems like it may have been in '05 or around there. If you have a copy of<br />

that report would you please send it to me. We had a request for information and can't seem to find mine anywhere.<br />

Hope things are going well.<br />

Have a good afternoon.<br />

Dave Bubb<br />

2


STATE OF NEBRASKA<br />

DEPARTMENT OF ENVIRONMENTAL QUALITY/GAME & PARKS COMMISSION<br />

FISH KILL NOTIFICATION FORM<br />

(Revised Nov. 2002)<br />

Incident #:<br />

(County (FIPS Code)/ MM/DD/YY)<br />

Date Reported: August 12, 2005 Time: 0815<br />

Received By: Dave Tunink Agency: NGPC<br />

REPORTING PARTY<br />

Name: Bill Rombach Home Phone: 402-246-2010<br />

Address: Platte Center, NE Work Phone:<br />

OBSERVATIONS: (Species, Numbers, Sizes, Present Status, Age of Kill, Stressed Fish, Gasping, Water Quality, etc.)<br />

(Date/Time: 8-12-05/0930) Dave Tunink received the call of a fish kill, Jeff Schuckman and<br />

Dave Bubb investigated. Upon arriving at the <strong>Loup</strong> Canal at the 48 th street bridge, hundreds of<br />

stressed and dying/dead fish were observed. Stressed fish were at the surface gasping for air.<br />

Water quality sampling followed and water samples were taken near the 48 th street bridge. Dave<br />

Bubb took the water samples to the lab in Lincoln for processing. Dissolved oxygen levels in<br />

the canal were extremely low, down to 0.25 ppm. A more details report on the fish kill<br />

investigation is attached.<br />

NAME OF WATER BODY: <strong>Loup</strong> Canal TOWN: Columbus<br />

LOCATION/DIRECTIONS: <strong>Loup</strong> Canal from north of Columbus to Genoa. About 17 miles<br />

of canal were affected in Platte County.<br />

LEGAL: ¼ of ¼ of Section ; T. N; R. E/W; County<br />

BASIN: STEAM SEGMENT (WQ Standards.):<br />

NOTIFICATIONS (Name/Date)<br />

NDEQ: Lincoln (471-4239) G & P: Lincoln (471-5553)Tunink/8-12-05<br />

Field Office: Dist. Office: Schuckman/ 8-12-05<br />

Other: Dave Bubb/8-12-05 Cons. Officer: Oberg/8-12-05<br />

INVESTIGATION<br />

If not required, explain why not:<br />

Investigation (Name/Date):<br />

Schuckman, Bubb/ 8-12-05<br />

Results of Investigation:<br />

See attached report.<br />

Additional Comments:


POST INVESTIGATION INFORMATION<br />

FISH KILLED<br />

Species Size Range Number $ Value<br />

CAUSE OF KILL:<br />

Low dissolved oxygen.<br />

Total # Total Value $<br />

RESPONSIBLE PARTY<br />

Name: Phone:<br />

Address:<br />

LEGAL ACTION<br />

Notice of Violation Issued (Date): Request for Enforcement (Who/Date):<br />

Fine (Amount/Date) Reimbursement (Amount/Date):<br />

Compliance Order Issued (Describe):<br />

Other (Describe):<br />

Additional Comments:<br />

CORRESPONDENCE<br />

Reporting <strong>Part</strong>y Notified:<br />

Copy of Report to NDEQ: Copies of Report to G & P:<br />

Other:


MEMORANDUM<br />

To: Fish Kill File<br />

From: Dave Bubb<br />

Date: February 22, 2005<br />

Subject: <strong>Loup</strong> Public <strong>Power</strong> Canal<br />

On February 17, 2005 I received a phone call from Greg Michl regarding a<br />

potential fish kill in the <strong>Loup</strong> Public <strong>Power</strong> Canal below the power generation station at<br />

Columbus. I had taken the afternoon off but had left word with Greg to contact me at<br />

home if there was a need. During our conversation he indicated that Marty Link had<br />

been contacted by Malcolm Sutherland who was reporting the fish kill.<br />

I had spoken with Mr. Sutherland several years ago about the sluicing activities.<br />

He explained that the canal gets flushed of the sediment by rapidly dropping the water<br />

level and this causes the silt to flush out of the canal and eventually to the Platte River.<br />

Lake Babcock is basically drained and has only the canal running through it. He said that<br />

he notices dead fish when this activity occurs. I spoke with John Cieloha, <strong>Loup</strong> Public<br />

<strong>Power</strong>, after the first complaint from Mr. Sutherland several years ago. Mr. Cieloha said<br />

he would contact us when they were planning to sluice the canal, he also said that he was<br />

not aware of any significant fish kills caused by the sluicing.<br />

Because of the flow in the canal any dead fish would likely be well into the Platte<br />

River by morning and would be hard to find so I decided to conduct an investigation that<br />

evening.<br />

When I arrived at Columbus at approximately 1930 I made observations of the<br />

canal just prior to where it flows into the Platte River and saw no dead fish. After<br />

making observation at this area I started to make my way upstream along the canal. I<br />

used a spotlight and flashlight to make observations of the canal at various locations. I<br />

did not see any dead fish at any location along the canal. It is possible that some were<br />

missed because it was dark and the spotlight would not be as effective as during the<br />

daylight but I’m confident that if there was a significant fish kill I would have seen some<br />

of them.<br />

After spending approximately an hour and a half looking for fish and not seeing any I<br />

decided to conclude my investigation and return home.


From: Pillard, Matt<br />

Sent: Monday, April 13, 2009 12:49 PM<br />

To: abaum@upperloupnrd.org; adubas@leg.ne.gov;<br />

al.berndt@nebraska.gov; astuthman@leg.ne.gov;<br />

barbara.j.friskopp@usace.army.mil; bczoning@frontiernet.net;<br />

bobbie.wickham@nebraska.gov; bpuschendorf@nebraskahistory.org;<br />

butchk@nctc.net; calms@neb.rr.com; cgenoa@cablene.com;<br />

cityadmin@cablene.com; clangemeier@leg.ne.gov;<br />

cothern.joe@epa.gov; danno@nohva.com; david.jundt@dhhs.ne.gov;<br />

djjarecke@clarkswb.net; don_simpson@blm.gov;<br />

frank.albrecht@nebraska.gov; jalexand@usgs.gov;<br />

jangell@dnr.ne.gov; jeddins@achp.gov; jmangi@columbusne.us;<br />

jmiyoshi@lpnnrd.org; jmsunne@nppd.com;<br />

john.bender@nebraska.gov; justin.lavene@nebraska.gov;<br />

jwinkler@papionrd.org; kenneth.sessa@dhs.gov;<br />

kennyj@headwaterscorp.com; ksullivan@leg.ne.gov;<br />

lpsnrd@lpsnrd.org; mbrown9@unl.edu; mferguson@gp.usbr.gov;<br />

mkuzila1@unl.edu; monroe@megavision.com; msittler@lpsnrd.org;<br />

pcclerk@megavision.com; peggy.harding@ferc.gov;<br />

prescott.brownell@noaa.gov; randy_thoreson@nps.gov;<br />

rbishop@cpnrd.org; Robert_F_Stewart@ios.doi.gov;<br />

robert_harms@fws.gov; steve.chick@ne.usda.gov;<br />

Willie_Taylor@ios.doi.gov<br />

Cc: nsuess@loup.com; jfrear@loup.com; rziola@loup.com;<br />

arobak@loup.com; Richardson, Lisa (Omaha); Waldow, George;<br />

Engelbert, Pat; Sigler, Bill; White, Stephanie; King, Wendy; Damgaard,<br />

Quinn V.<br />

Subject: <strong>Loup</strong> <strong>Power</strong> <strong>District</strong> Relicensing - Study Plan Meeting Reminder<br />

Follow Up Flag: Follow Up<br />

Flag Status: Flagged<br />

Relicensing <strong>Part</strong>icipants<br />

This e mail is to remind you of the Study Plan meeting scheduled for April 21 at the Holiday Inn Express,<br />

524 E 23rd St, in Columbus, Nebraska. If you have not yet done so, please RSVP to Angell Robak by the<br />

end of the day tomorrow (Tuesday, 4/14/09). She can be reached at arobak@loup.com or (402)<br />

564‐3171, ext. 275.<br />

For those of you not able to attend in person but wishing to do so via conference call, meeting materials<br />

will be posted to http://www.loup.com/relicense/html/agencymeetingsresources.html in advance of the<br />

meeting (by end of day 4/17/09). Dial in information is as follows:<br />

1 866 994 6437<br />

Passcode: 4023994909<br />

Here are a few reminders:


• The meeting time has been moved up to 8:30 AM We have a lot of material to cover and will start<br />

promptly at 8:30 AM.<br />

• The overpass on Highway 81 is closed for construction if you are coming from the south or west,<br />

you will have to take a detour which includes several at grade rail crossings. Please allow extra<br />

time for travel and train delays. Train traffic tends to be heavy in the mornings between 7:30 and<br />

8:15 AM.<br />

• Please bring your own copy of the Study Plan. It can be found on line at:<br />

http://www.loup.com/relicense/html/documentsPSP.html<br />

• We will focus the afternoon's discussion on the goals and objectives of Study Plans 1 7 only.<br />

Please come ready to discuss.<br />

Future Meetings and Discussions<br />

Please let me know if you would like to participate in any of the following:<br />

• May 5: Cultural Resources; Study 11<br />

• May 11: Recreational Resources; Studies 8, 9, 10<br />

• May 27 28: Aquatic Resources (continued); Studies 1 7, 12<br />

• July 1: Additional discussion as needed<br />

We look forward to seeing you on April 21st.<br />

Matt Pillard, AICP<br />

Senior Environmental Planner<br />

HDR | ONE COMPANY | Many Solutions Sol<br />

8404 Indian Hills Drive | Omaha, NE | 68114 4098<br />

Phone: 402.399.1186 | Cell: 402.689.5187| Fax: 402.399.1111<br />

Email: Matt.Pillard@hdrinc.com<br />

The image cannot be displayed. Your computer may not have enough memory to open the image, or the image may have been corrupted. Restart your computer, and then open the file again. If the red x still appears, you may have to delete the image<br />

and then insert it again.<br />

SHPO Project reference: HP#0804 127 01


Selzle, Lydia<br />

From: Simpson, rachel [rachel.simpson@nebraska.gov]<br />

Sent: Tuesday, April 14, 2009 4:45 PM<br />

To: Marinovich, Melissa<br />

Cc: Schneider, Rick<br />

Subject: Re: Species Occurrence Data Request + <strong>Loup</strong> River Hydroelectric Project<br />

Dear Melissa,<br />

This is in response to your question about the Small White Lady's Slipper in the <strong>Loup</strong> River<br />

Hydroelectric Project area. We do not have any element occurrences from inside the boundary<br />

you sent. However, as stated in the letter, the species could occur anywhere in its range in<br />

which there is suitable habitat.<br />

If you have additional questions regarding specific location information please contact Rick<br />

Schneider at 402-471-5569.<br />

Thank you for your time.<br />

Best,<br />

Rachel<br />

Rachel Simpson<br />

Data Manager<br />

Nebraska Natural Heritage Program<br />

Nebraska Game and Parks Commission<br />

2200 N. 33rd St.<br />

Lincoln, NE 68503<br />

rachel.simpson@nebraska.gov<br />

402-471-5427<br />

1


Selzle, Lydia<br />

From: Martha_Tacha@fws.gov<br />

Sent: Wednesday, April 15, 2009 10:35 AM<br />

To: Marinovich, Melissa<br />

Subject: NE whooping crane migration corridor and observation data<br />

Attachments: StateSpecific_NE_Flyway.zip; Confirmed_NE_w_crane_sightings_thru_Spring_2008.zip;<br />

Required Reading for Users of the Whooping Crane Migration GIS.doc<br />

Melissa<br />

Here are the GIS files you requested the required files for a layer are zipped together. I apologize for the slow<br />

response. These will hopefully be updated within the coming month to reflect a recalculation of the migration<br />

corridor and to include the Fall 2008 confirmed sightings. You might contact me again in about a month to get<br />

the updates.<br />

The migration corridor layer depicts 5 bands (sub corridors) that include 75 , 80 , 85 , 90 , and 95 percent of<br />

sightings in Nebraska and within 25 miles of the north and south borders in adjoining states. The point data of<br />

confirmed sightings is current through Spring 2008.<br />

Please read the "Required reading...." document that discusses some of the limitations and potential<br />

misinterpretations of the data. This document needs to accompany any redistribution of the data set or<br />

products derived from the dataset.<br />

Thanks for your patience, Melissa.<br />

Martha<br />

Martha C. Tacha<br />

U.S. Fish and Wildlife Service<br />

203 West Second Street<br />

Grand Island, NE 68801<br />

Phone: 308.382.6468, ext 19<br />

Fax: 308.384.8835<br />

(See attached file: StateSpecific_NE_Flyway.zip) (See attached file:<br />

Confirmed_NE_w_crane_sightings_thru_Spring_2008.zip) (See attached file: Required Reading for Users of<br />

the Whooping Crane Migration GIS.doc)<br />

1


Required Reading for Users of the Whooping Crane Tracking Project Database<br />

CWCTP-GIS data or derivatives thereof (e.g., shape files, jpegs) may not be distributed or<br />

posted on the Internet without inclusion of this explanatory document.<br />

The Cooperative Whooping Crane Tracking Project (CWCTP) was initiated in 1975 to collect a<br />

variety of information on whooping crane migration through the U.S. portion of the Central<br />

Flyway. Since its inception in 1975, a network of Federal and State cooperating agencies has<br />

collected information on whooping crane stopovers and funneled it to the U.S. Fish and Wildlife<br />

Service (Service) Nebraska Field Office where a database of sighting information is maintained.<br />

The WCTP database includes a hardcopy file of whooping crane sighting reports and a digital<br />

database in various formats based on those sighting reports. A subset of the database along with<br />

sight evaluation (habitat) information collected between 1975 and 1999 was summarized by<br />

Austin and Richert (2001).*<br />

In the Fall of 2007, the CWCTP database was converted to a GIS format (ArcGIS 9.2) to<br />

facilitate input, updates, and provide output options in a spatial context. During this process,<br />

inconsistencies between the digital database and sighting report forms were identified and<br />

corrected. Location information in various formats was derived from data in the corrected<br />

database, and new fields were added to the corrected database (e.g., latitude and longitude in<br />

decimal degrees, an accuracy field, and location comment field). The attached file contains<br />

observation data through the 2008 Spring migration and is referred to as the CWCTP-GIS<br />

(2008a).<br />

The appropriate use of the CWCTP-GIS is constrained by limitations inherent in both the GIS<br />

technology and bias inherent in any database comprised of incidental observations. Without an<br />

understanding of the assumptions and limitations of the data, analyses and output from the<br />

spatial database can result in faulty conclusions. The following assumptions and characteristics<br />

of the database are crucial to interpreting output correctly. Other, unknown biases also may exist<br />

in the data.<br />

First and foremost, the database is comprised of incidental sightings of whooping cranes<br />

during migration. Whooping cranes are largely opportunistic in their use of stopover<br />

sites along the Central Flyway, and will use sites with available habitat when weather or<br />

diurnal conditions require a break in migration. Because much of the Central Flyway is<br />

sparsely populated, only a small percent of stopovers are observed, those observed may<br />

not be identified, those identified may not be reported, and those reported may not be<br />

confirmed (only confirmed sightings are included in the database). Based on the crane<br />

population and average flight distances, as little as 4 percent of crane stopovers are<br />

reported. Therefore, absence of documented whooping crane use of a given area in the<br />

Central Flyway does NOT mean that whooping cranes do not use that area or that<br />

various projects in the vicinity will not potentially adversely affect the species.<br />

In the database, the location of each sighting is based on the first observation of the crane<br />

group even though, in many cases, the group was observed at multiple locations in a local<br />

area. For this and other reasons described below, only broad-scale analyses of whooping<br />

crane occurrences are appropriate. GIS cannot be legitimately used with this database<br />

for measurements of distance of whooping crane groups from various habitat types or


geographic entities (i.e., using various available GIS data layers). In addition, point<br />

locations of whooping crane groups known to roost in various wetlands or rivers may not<br />

coincide with those wetlands. The user needs to refer to the attribute table or contact the<br />

Nebraska Field Office, USFWS, for more specific information on individual<br />

observations.<br />

Precision of the data: When a “Cadastral” location (Township, Range, Section, ¼-<br />

Section) was provided on the original sighting form, the geographic point representing<br />

that sighting was placed in the center of the indicated Section or ¼-Section and the<br />

latitude and longitude of that point were recorded in degrees, minutes, and seconds<br />

(DMS). These records are indicated by “Cadastral” in the accuracy field. When<br />

Cadastral information was lacking, DMS latitude and longitude were derived by adding<br />

seconds (00) to the degrees and minutes of latitude and longitude originally estimated and<br />

recorded on the observation form. These observations are identified by “Historic” in the<br />

accuracy field. GPS latitude and longitude were used when available, but when none of<br />

the above were reported, the point was placed based on text description of location (e.g.,<br />

3 miles N of Denton), and identified in the accuracy field with “Landmark”. DMS<br />

latitude and longitude were converted to decimal degrees, which were used to populate<br />

the GIS data layer.<br />

Bias: Bias is an inherent characteristic of any data obtained through incidental sightings.<br />

That is, for the subset of crane use that is recorded, relatively more sightings are recorded<br />

in areas such as national wildlife refuges where knowledgeable observers are available to<br />

look for cranes and report their presence. Conversely, areas of high use may not be<br />

documented due to the absence of observers. However, use of areas such as national<br />

wildlife refuges is also determined to some extent by habitat management on the areas<br />

and availability of alternative habitat in the region. For these reasons, representations of<br />

the crane migration corridor based on percent of confirmed sightings should be<br />

interpreted conservatively, particularly in Oklahoma and Kansas where a high percent of<br />

sightings occur on a few national wildlife refuges. Whooping crane migration patterns<br />

and subsequent observations were also likely influenced by regional weather patterns<br />

such as wind and precipitation, as well as local farming practices which influence food<br />

availability. Factors such as these vary among regions and years and were not considered<br />

in this database.<br />

The CWCTP-GIS will be updated annually following the Fall migration and distributed to State<br />

cooperators and Fish and Wildlife Service Ecological Services Field Offices in the Central<br />

Flyway. Contact information for these offices can be found at http://www.fws.gov. Federal<br />

regulatory agencies and project proponents should contact the appropriate Fish and Wildlife<br />

Service for help in evaluating potential project impacts to the endangered whooping crane.<br />

* Austin, E.A. and A.L. Richert. 2001. A comprehensive review of observational and site<br />

evaluation data of migrant whooping cranes in the United States, 1943-99. U.S. Geological<br />

Survey. Northern Prairie Wildlife Research Center, Jamestown, North Dakota, and State<br />

Museum, University of Nebraska, Lincoln, Nebraska. 157 pp.


Selzle, Lydia<br />

From: Crane, Kelly A NWO [Kelly.A.Crane@usace.army.mil]<br />

Sent: Monday, April 20, 2009 10:09 AM<br />

To: Marinovich, Melissa<br />

Cc: Crane, Kelly A NWO<br />

Subject: RE: Tern and Plover created habitat<br />

Hi Melissa. Sorry for the delay. The ftp site listed below contains designs for emergent<br />

sandbars below Gavins Point at river miles 775, 781, and 795.<br />

775 and 795 construction was completed fall of 08 and 781 is ready to go out for bid in the<br />

next few weeks.<br />

Please call me with any questions or if you have difficulty getting to any of the files.<br />

ftp://ftp.usace.army.mil/pub/nwo/ESH_Plans/<br />

Look forward to hearing from you.<br />

Kelly<br />

995.2505<br />

-----Original Message-----<br />

From: Marinovich, Melissa [mailto:Melissa.Marinovich@hdrinc.com]<br />

Sent: Monday, April 20, 2009 7:32 AM<br />

To: Crane, Kelly A NWO<br />

Subject: Tern and Plover created habitat<br />

Hi Kelly,<br />

I just wanted to check in with you. I haven't received anything from you yet and just wanted<br />

to make sure you had the correct email address (hopefully I have the correct address for<br />

you:-)). Let me know if you receive this so I know I have the correct address. Thanks!<br />

Melissa Marinovich<br />

Environmental Scientist<br />

HDR ONE COMPANY | Many Solutions<br />

8404 Indian Hills Drive | Omaha, NE | 68114-4098<br />

Phone: 402.399.1317 | Fax: 402.399.1111<br />

Email: melissa.marinovich@hdrinc.com <br />

1


Selzle, Lydia<br />

From: Crane, Kelly A NWO [Kelly.A.Crane@usace.army.mil]<br />

Sent: Monday, April 20, 2009 12:58 PM<br />

To: Marinovich, Melissa<br />

Cc: Crane, Kelly A NWO<br />

Subject: RE: Tern and Plover created habitat<br />

Hi Melissa!<br />

My answers in the body of your message.<br />

-----Original Message-----<br />

From: Marinovich, Melissa [mailto:Melissa.Marinovich@hdrinc.com]<br />

Sent: Monday, April 20, 2009 10:56 AM<br />

To: Crane, Kelly A NWO<br />

Subject: RE: Tern and Plover created habitat<br />

Hi Kelly,<br />

I didn't have any problems accessing the files. Just to clarify, I have a few more questions:<br />

- Did the USFWS determine how many hectares/acres (minimum or maximum) the<br />

sandbars needed to be or did USACE determine this? The BiOp stated a<br />

minimum of 10 acres. Since then they have agreed that smaller than 10 acres would be<br />

acceptable especially if we could maximize plover forage by making several smaller vs. one<br />

large one.<br />

- What was the basis for deciding how big (area) the sandbars needed to be to create<br />

suitable habitat? We have made our bars as big as 130 acres (in Lewis & Clark Lake) and as<br />

small as 10. FWS is on all of our design teams.<br />

They really don't seem concerned with the total size when we build in some inner channel<br />

features that will be "wet" at least and preferably hold some water during normal flow<br />

scenarios. Main size determination is the size of the existing shallowly submerged bar.<br />

- Were these decisions based on studies that USACE conducted? Did area also depend on<br />

minimum/maximum/average flows, like height did? The min, max flows, etc did not influence<br />

the size as much as height. The size is usually determined by the size of the existing<br />

shallowly submerged bar more than some pre determined criteria.<br />

I know you'd probably rather get theses comments in writing, but I could probably talk to<br />

some of these questions better than I am conveying in writing...so give me a call if you need<br />

or want.<br />

Thanks for all your help and as more questions crop up in the future, I may call you. Thanks<br />

again!<br />

Melissa<br />

-----Original Message-----<br />

From: Crane, Kelly A NWO [mailto:Kelly.A.Crane@usace.army.mil]<br />

Sent: Monday, April 20, 2009 10:09 AM<br />

To: Marinovich, Melissa<br />

Cc: Crane, Kelly A NWO<br />

Subject: RE: Tern and Plover created habitat<br />

1


Hi Melissa. Sorry for the delay. The ftp site listed below contains designs for emergent<br />

sandbars below Gavins Point at river miles 775, 781, and 795.<br />

775 and 795 construction was completed fall of 08 and 781 is ready to go out for bid in the<br />

next few weeks.<br />

Please call me with any questions or if you have difficulty getting to any of the files.<br />

ftp://ftp.usace.army.mil/pub/nwo/ESH_Plans/<br />

Look forward to hearing from you.<br />

Kelly<br />

995.2505<br />

-----Original Message-----<br />

From: Marinovich, Melissa [mailto:Melissa.Marinovich@hdrinc.com]<br />

Sent: Monday, April 20, 2009 7:32 AM<br />

To: Crane, Kelly A NWO<br />

Subject: Tern and Plover created habitat<br />

Hi Kelly,<br />

I just wanted to check in with you. I haven't received anything from you yet and just wanted<br />

to make sure you had the correct email address (hopefully I have the correct address for<br />

you:-)). Let me know if you receive this so I know I have the correct address. Thanks!<br />

Melissa Marinovich<br />

Environmental Scientist<br />

HDR ONE COMPANY | Many Solutions<br />

8404 Indian Hills Drive | Omaha, NE | 68114-4098<br />

Phone: 402.399.1317 | Fax: 402.399.1111<br />

Email: melissa.marinovich@hdrinc.com <br />

2


Project: <strong>Loup</strong> River Hydroelectric Project<br />

FERC Project No. 1256<br />

Subject: Consensus on Study Plan Goals & Objectives<br />

Meeting<br />

Date:<br />

Revisions<br />

Noted by: HDR<br />

<strong>Loup</strong> <strong>Power</strong> <strong>District</strong><br />

Columbus, NE<br />

April 21, 2009, 8:30 am – 4:30 pm<br />

P.O. Box 988<br />

2404 15 th Street<br />

Columbus, NE 68602-0988<br />

Study Plan Meeting<br />

Outcomes<br />

Meeting Location: Holiday Inn Express, Columbus, NE<br />

The Study Plan Meeting held on April 21, 2009 included discussion of the specific goals and objectives for<br />

Studies 1-5 and 7 from the <strong>District</strong>’s Proposed Study Plan. During those discussions, the agencies and<br />

organizations in attendance discussed whether or not the goals and objectives, as stated in the Proposed Study<br />

Plan, met the needs for data collection related to each study resource, including information needed for<br />

evaluation of impacts to species (both aquatic species and threatened and endangered species).<br />

Through discussion and revision, consensus was reached on the Goals and Objectives listed below for Studies<br />

1-5 & 7; items not fully accepted by all parties are not included in this memo and will be discussed at the<br />

meeting on May 27/28. As each goal and objective was reviewed, some objectives from the Proposed Study<br />

Plan were identified as being more appropriately listed as tasks or activities. The final goals and objectives<br />

for Studies 1-5 & 7 are stated below; objectives which have been changed to tasks are also noted. These<br />

revised goals and objectives will be incorporated into the Revised Study Plan.<br />

Details of the discussion can be found in the Study Plan Meeting transcript which will be posted to the Project<br />

website at: http://www.loup.com/relicense/html/agencymeetingsresources.html.<br />

Detailed discussion of the tasks and activities for each study will occur at future meetings.<br />

Study Plan 1: Sedimentation<br />

Goal(s):<br />

The goal of the sedimentation study is to determine the effect, if any, that Project operations have on stream<br />

morphology and sediment transport in the <strong>Loup</strong> River bypass reach and in the lower Platte River. In addition,<br />

the goal is to compare the availability of sandbar nesting habitat for interior least terns (Sterna antillarum)<br />

and piping plovers (Charadrius melodus) to their respective populations and to compare the general habitat<br />

characteristics of the pallid sturgeon (Scaphirhynchus albus) in multiple locations.<br />

Objectives:<br />

1. To characterize sediment transport in the <strong>Loup</strong> River bypass reach and in the lower Platte River<br />

through effective discharge calculations (Former Objective 2).<br />

2. To characterize stream morphology in the <strong>Loup</strong> River bypass reach and in the lower Platte River by<br />

reviewing existing literature on channel aggradation/degradation and cross sectional changes over<br />

time (former Objective 3).<br />

3. To determine if a relationship can be detected between sediment transport parameters and interior<br />

least tern and piping plover nest counts (as provided by the Nebraska Game and Parks Commission’s<br />

Natural Heritage Database) (revision to former Objective 4).<br />

Phone (866) 869-2087<br />

Fax (402) 564-0970<br />

www.loup.com<br />

Page 1 of 4


<strong>Loup</strong> River Hydroelectric Project<br />

FERC Project No. 1256<br />

Study Plan Revisions<br />

Study Plan Meeting – April 21, 2009<br />

4. To evaluate whether sandbar availability is limiting interior least tern and piping plover numbers on<br />

the lower Platte River (revision to former Objective 5).<br />

5. To determine if sediment transport is a limiting factor for pallid sturgeon habitat in the lower Platte<br />

River below the Elkhorn River (former Objective 6). [Note: There was not full consensus on this<br />

objective – to be discussed at the May 27/28 meeting.]<br />

6. To investigate the relationship between sedimentation and ice jam flooding (former Objective 7).<br />

Objectives Converted to Tasks:<br />

• Develop a sediment budget from existing data sources (former Objective 1).<br />

• Compare the availability of sandbar nesting habitat to interior least tern and piping plover nest counts<br />

on the lower Platte River and to compare these results to the relationship of interior least tern and<br />

piping plover nest counts and the availability of sandbar habitat in the Missouri River downstream of<br />

Gavins Point Dam (former Objective 5).<br />

Study Plan 2: Hydrocycling<br />

Goal(s):<br />

The goal of the hydrocycling study is to determine if Project hydrocycling operations benefit or adversely<br />

affect the habitat used by interior least terns, piping plovers, and pallid sturgeon in the lower Platte River.<br />

The physical effects of hydrocycling will be quantified and compared to alternative conditions.<br />

Objectives:<br />

1. To compare the sub-daily Project hydrocycling operation values (maximum and minimum flow and<br />

stage) to daily values (mean flow and stage). In addition to same-day comparisons, periods of weeks,<br />

months, and specific seasons of interest to protected species will be evaluated to characterize the<br />

relative degrees of variance between hydrocycling (actual) and alternative conditions in the study area<br />

(former Objective 2).<br />

2. To determine the potential for nest inundation due to both hydrocycling and alternative conditions<br />

(revision to former Objective 3).<br />

3. To assess effects, if any, of hydrocycling on sediment transport parameters (see Study 1.0,<br />

Sedimentation) (former Objective 4).<br />

4. To identify material differences in potential effects on nesting habitat of the interior least tern, piping<br />

plover, and pallid sturgeon (revision to former Objective 5).<br />

Objectives Converted to Tasks:<br />

• Conduct a gage analysis using existing U.S. Geological Survey (USGS) and NDNR flow and stage<br />

data to accurately determine the timing, frequency, rate of change, travel time, and magnitude of subdaily<br />

flow and stage changes attributable to Project hydrocycling at established gage locations in the<br />

Tailrace Canal and the lower Platte River (former Objective 1).<br />

• Determine the flow characteristics (magnitude and occurrence) during the interior least tern and<br />

piping plover nesting season compared to a maximum (benchmark) flow event occurring just prior to,<br />

or during, initiation of the nesting season (portion of former Objective 3).<br />

• Compare river stage variations of Project hydrocycling with flow and stage variations of the everythird-day<br />

cycling program on the Missouri River below Gavins Point Dam (or another relevant<br />

example) (portion of former Objective 5).<br />

<strong>Loup</strong> <strong>Power</strong> <strong>District</strong><br />

Columbus, NE<br />

P.O. Box 988<br />

2404 15 th Street<br />

Columbus, NE 68602-0988<br />

Phone (866) 869-2087<br />

Fax (402) 564-0970<br />

www.loup.com<br />

Page 2 of 4


<strong>Loup</strong> River Hydroelectric Project<br />

FERC Project No. 1256<br />

Study Plan Revisions<br />

Study Plan Meeting – April 21, 2009<br />

Study Plan 3: Water Temperature in the Platte River<br />

Study Plan 3 was determined to be unnecessary for Project relicensing and will not be included in the Revised<br />

Study Plan.<br />

Study Plan 4: Water Temperature in the <strong>Loup</strong> River Bypass Reach<br />

Goal(s):<br />

The goal of the study of water temperature in the <strong>Loup</strong> River bypass reach is to determine if project<br />

operations (flow diversion) materially affect water temperature in the <strong>Loup</strong> River bypass reach with particular<br />

emphasis between the diversion weir and the confluence of Beaver Creek with the <strong>Loup</strong> River (revised).<br />

Objectives:<br />

1. To estimate the relationship between flow in the <strong>Loup</strong> River bypass reach, ambient air temperature,<br />

water temperature, relative humidity, and cloud cover (revision to former Objective 5).<br />

2. To describe and quantify the relationship, if any, between diversion of water into the <strong>Loup</strong> <strong>Power</strong><br />

Canal and water temperature in the Study Reach of the <strong>Loup</strong> River bypass reach (former Objective 6).<br />

Objectives Converted to Tasks:<br />

• Coordinate with the U.S. Geological Survey (USGS) to install temperature sensors in the <strong>Loup</strong> River<br />

at the Diversion Weir and in the <strong>Loup</strong> River bypass reach at USGS Gage 06793000, <strong>Loup</strong> River near<br />

Genoa, NE (former Objective 1).<br />

• Collect and review ambient air temperature data at the National Weather Service (NWS) atmospheric<br />

station located at Genoa (former Objective 2).<br />

• Collect and review flow data at USGS Gage 06793000, <strong>Loup</strong> River near Genoa, NE, and USGS Gage<br />

06792500, <strong>Loup</strong> River <strong>Power</strong> Canal near Genoa, NE (former Objective 3).<br />

• Analyze the collected ambient air and water temperature and flow data (former Objective 4).<br />

Study Plan 5: Flow Depletion and Flow Diversion<br />

Goal(s):<br />

The goals of the flow depletion and flow diversion study are to determine if Project operations result in a flow<br />

depletion on the lower Platte River and to what extent the magnitude, frequency, duration, and timing of<br />

flows affect the <strong>Loup</strong> River bypass reach. The results will be used to determine if the Project operations<br />

relative to flow depletion and flow diversion adversely affect the habitat used by interior least tern and piping<br />

plover populations, the fisheries, and the riverine habitat in the <strong>Loup</strong> River bypass reach and the lower Platte<br />

River.<br />

Objectives:<br />

1. To determine the net consumptive losses associated with Project operations compared to alternative<br />

conditions (former Objective 2).<br />

2. To use current and historic USGS gage rating curves to evaluate change in stage in the <strong>Loup</strong> River<br />

bypass reach during Project operations and compare against alternative hydrographs (former<br />

Objective 4).<br />

3. To evaluate historic flow trends on the <strong>Loup</strong> and Platte rivers since Project inception (former<br />

Objective 5). [Note: There was not full consensus on this objective – to be discussed at the May<br />

27/28 meeting.]<br />

<strong>Loup</strong> <strong>Power</strong> <strong>District</strong><br />

Columbus, NE<br />

P.O. Box 988<br />

2404 15 th Street<br />

Columbus, NE 68602-0988<br />

Phone (866) 869-2087<br />

Fax (402) 564-0970<br />

www.loup.com<br />

Page 3 of 4


<strong>Loup</strong> River Hydroelectric Project<br />

FERC Project No. 1256<br />

Study Plan Revisions<br />

Study Plan Meeting – April 21, 2009<br />

4. To determine the extent of interior least tern and piping plover nesting on the <strong>Loup</strong> River above and<br />

below the Diversion Weir (former Objective 6).<br />

5. To determine Project effects, if any, of consumptive use on fisheries and habitat on the lower Platte<br />

River downstream of the tailrace canal (new objective).<br />

6. To determine the relative significance of the <strong>Loup</strong> River bypass reach to the overall <strong>Loup</strong> River<br />

fishery (former Objective 7).<br />

Objectives Converted to Tasks:<br />

• Quantify flow depletion in the <strong>Loup</strong> <strong>Power</strong> Canal, regulating reservoirs, and <strong>Loup</strong> River bypass reach<br />

by calculating consumptive use and making a comparison to alternative conditions (former Objective<br />

1).<br />

• Use existing gage data to develop flood frequency and flow duration curves in the <strong>Loup</strong> River bypass<br />

reach for current Project operations and for alternative operations (former Objective 3).<br />

Study Plan 7: Fish Passage<br />

Goal(s):<br />

The goal of the fish passage study is to determine if a useable pathway exists for fish movement upstream and<br />

downstream of the diversion weir (revised).<br />

Objectives:<br />

1. To evaluate the hydraulic flow, velocity, and stage parameters at the Diversion Weir and Sluice Gate<br />

Structure.<br />

2. To determine whether fish pathways exist over the Diversion Weir, through the Sluice Gate Structure,<br />

or by other means (former Objective 7).<br />

Objectives Converted to Tasks:<br />

• Review stage and discharge data available at nearby U.S. Geological Survey (USGS) gage stations<br />

(USGS Gage 06793000, <strong>Loup</strong> River near Genoa, NE, and USGS Gage 06792500, <strong>Loup</strong> River <strong>Power</strong><br />

Canal near Genoa, NE) (former Objective 2).<br />

• Collect hydraulic information, including surveying river cross sections at the upstream and<br />

downstream face of the Headworks and recording headwater and tailwater elevations at the Diversion<br />

Weir (former Objective 3).<br />

• Review literature to determine velocity and depth criteria for upstream fish passage at the Diversion<br />

Weir (former Objective 4).<br />

• Review flow duration curves at the Diversion Weir (former Objective 5).<br />

• Develop a hydraulic model to determine the flow split between the Diversion Weir and sluice gates<br />

for a range of flows (former Objective 6).<br />

<strong>Loup</strong> <strong>Power</strong> <strong>District</strong><br />

Columbus, NE<br />

P.O. Box 988<br />

2404 15 th Street<br />

Columbus, NE 68602-0988<br />

Phone (866) 869-2087<br />

Fax (402) 564-0970<br />

www.loup.com<br />

Page 4 of 4


Attendance by Meeting<br />

Hydroelectric Relicensing<br />

FERC Project No. 1256<br />

Meeting Type: Agency<br />

Meeting Name: Study Plan Meeting<br />

Date: 4 /21/2009<br />

Time: 8 :30 AM<br />

Location: Holiday Inn Express<br />

Name Organization Contact Type<br />

Frank Albrecht Nebraska Game and Parks Commission Agency - State<br />

John Bender Nebraska Department of Environmental Quality Agency - State<br />

Mary Bomberger Brown Tern and Plover Conservation <strong>Part</strong>nership NGOs & Stakeholders<br />

Robert Clausen <strong>Loup</strong> <strong>Power</strong> <strong>District</strong> LPD Board Member<br />

Quinn Damgaard HDR HDR<br />

John Engel HDR Engineering, Inc. HDR<br />

Pat Engelbert HDR Engineering, Inc. HDR<br />

Jim Frear <strong>Loup</strong> <strong>Power</strong> <strong>District</strong> LPD Project Team<br />

Gayle Goering Cornhusker Public <strong>Power</strong> <strong>District</strong> NGOs & Stakeholders<br />

Charles Gonka <strong>Loup</strong> <strong>Power</strong> <strong>District</strong> LPD Board Member<br />

Michael Gutzmer New Century Environmental Public<br />

Richard Holland Nebraska Game and Parks Commission Agency - State<br />

Mark Ivy FERC FERC<br />

Nick Jayjack FERC FERC<br />

Thomas Kumpf <strong>Loup</strong> <strong>Power</strong> <strong>District</strong> LPD Board Member<br />

Gary Lewis HDR HDR<br />

Joseph Mangiamelli City of Columbus Agency - Local<br />

Page 1 of 2


Name Organization Contact Type<br />

Robert Mohler Lower <strong>Loup</strong> Natural Resources <strong>District</strong> Agency - Local<br />

Zach Nelson US Senate Elected Official<br />

Kim Nguyen FERC FERC<br />

Dan Nitzel Nebraska Off Highway Vehicle Association NGOs & Stakeholders<br />

Theresa Petr <strong>Loup</strong> <strong>Power</strong> <strong>District</strong> LPD Project Team<br />

Matt Pillard HDR Engineering, Inc. HDR<br />

Lisa Richardson HDR Engineering, Inc. HDR<br />

Jeff Runge US Fish and Wildlife Service Agency - Federal<br />

Julia Sage Ponca Tribe of Nebraska Tribal<br />

John Shadle Nebraska Public <strong>Power</strong> <strong>District</strong> Agency - Local<br />

Scott Stuewe HDR HDR<br />

Neal Suess <strong>Loup</strong> <strong>Power</strong> <strong>District</strong> LPD Project Team<br />

Randy Thoreson National Park Service Agency - Federal<br />

David Turner FERC FERC<br />

George Waldow HDR Engineering, Inc. HDR<br />

Stephanie White HDR Engineering, Inc. HDR<br />

Ron Ziola <strong>Loup</strong> <strong>Power</strong> <strong>District</strong> LPD Project Team<br />

Page 2 of 2


Selzle, Lydia<br />

From: Engelbert, Pat<br />

Sent: Thursday, April 23, 2009 11:23 AM<br />

To: Richardson, Lisa (Omaha)<br />

Subject: FW: Requested paper on sandbar studies in lower Platte<br />

Not sure where this belongs on PW. Can you file this, or direct me to where it should be filed?<br />

_____<br />

From: Lewis, Gary<br />

Sent: Thursday, April 23, 2009 10:38 AM<br />

To: Engelbert, Pat; Waldow, George<br />

Cc: Hunt, George<br />

Subject: FW: Requested paper on sandbar studies in lower Platte<br />

FYI, this should probably go in the project correspondence files.<br />

_____<br />

From: Mary B Brown [mailto:mbrown9@unlnotes.unl.edu]<br />

Sent: Thursday, April 23, 2009 9:27 AM<br />

To: Lewis, Gary<br />

Subject: Re: Requested paper on sandbar studies in lower Platte<br />

Thanks, Gary. I enjoyed (and certainly benefitted from) our conversation at the Columbus meeting. Conversations like<br />

that, and the information in the article, are what we need to help make better decisions for the terns and plovers. If you<br />

are aware of any similar publications, please let me know.<br />

Mary Bomberger Brown<br />

Tern and Plover Conservation <strong>Part</strong>nership<br />

153C Hardin Hall<br />

University of Nebraska<br />

3310 Holdrege Street<br />

Lincoln, NE 68583;0931 USA<br />

telephone: (402) 472;8878<br />

fax: (402) 472;2946<br />

email: mbrown9@unl.edu<br />

http://ternandplover.unl.edu<br />

"Lewis, Gary" <br />

04/23/2009 10:21 AM<br />

To<br />

"MBROWN9@UNL.EDU" <br />

cc<br />

1


"Engelbert, Pat" <br />

Subject<br />

Requested paper on sandbar studies in lower Platte<br />

Mary,<br />

Thanks for attending the meeting in Columbus and for visiting about the subject. Here is a not;so;great copy of the GSA<br />

Bulletin paper by Smith that I mentioned, explaining his observations of the evolution and dissection of sandbars in the<br />

lower Platte. I think someone told me he was a Professor at Kearney State when he did this work, but the paper lists his<br />

affiliation in 1971 as the University of Illinois. I’ve never attempted to contact him. I am not aware of any other study<br />

where someone actually observed these processes on site versus remotely.<br />

Regards,<br />

Gary Lewis<br />

Gary L. Lewis, Ph.D., P.E., D.WRE<br />

Senior Water Resources Engineer<br />

HDR ONE COMPANY | Many Solutions<br />

303 East 17th Avenue | Suite 700 | Denver, CO 80203<br />

Phone: 303.764.1562 | Fax: 303.860.7139 | Cell: 303.619.9021<br />

Email: gary.lewis@hdrinc.com<br />

www.hdrinc.com<br />

[attachment "Transverse Bars and Braiding in the Lower Platte River, Nebraska.pdf" deleted by Mary<br />

B Brown/SNR/IANR/UNEBR]<br />

2


Selzle, Lydia<br />

From: Pillard, Matt<br />

Sent: Monday, April 27, 2009 9:56 PM<br />

To: frank.albrecht@nebraska.gov<br />

Cc: jeff.schuckman@nebraska.gov; dave.tunink@nebraska.gov; richard.holland@nebraska.gov;<br />

Marinovich, Melissa; Richardson, Lisa (Omaha)<br />

Subject: <strong>Loup</strong> <strong>Power</strong> <strong>District</strong> Relicensing - data needs meeting<br />

Frank,<br />

As we discussed, HDR would like to meet with you to discuss the following:<br />

• Data (tern and plover, Heritage Program Database, etc) we have obtained and our intended use of that data<br />

relative to meeting study objectives<br />

• Discuss other data that may exist, or existing data in other formats, that will help in meeting study objectives (such<br />

as the <strong>Loup</strong> River fisheries 1971 Report?)<br />

• Discuss the data gaps that exist relative to aiding in addressing study objectives<br />

• Discuss the Nebraska Heritage Program Database and the data we may still need from this source to supplement<br />

the data we already have<br />

I have copied Jeff, Dave, and Rick on this e-mail for their potential involvement as warranted. I would not anticipated this<br />

meeting lasting longer than 2 hours.<br />

We are available to meet any time on May 4, 5, or 6, May 7 (8:30 to 10:30), or May 8. We would plan to come to your<br />

offices in Lincoln.<br />

Please let me know if any of these times work for you.<br />

Thanks.<br />

Matt Pillard, AICP<br />

Senior Environmental Planner<br />

HDR | ONE COMPANY | Many Solutions Sol<br />

8404 Indian Hills Drive | Omaha, NE | 68114-4098<br />

Phone: 402.399.1186 | Cell: 402.689.5187| Fax: 402.399.1111<br />

Email: Matt.Pillard@hdrinc.com<br />

1


Selzle, Lydia<br />

From: Jeff_Runge@fws.gov<br />

Sent: Tuesday, April 28, 2009 11:14 AM<br />

To: Richardson, Lisa (Omaha)<br />

Cc: abaum@upperloupnrd.org; adubas@leg.ne.gov; al.berndt@nebraska.gov; arobak@loup.com;<br />

astuthman@leg.ne.gov; barbara.j.friskopp@usace.army.mil; bczoning@frontiernet.net; Sigler,<br />

Bill; bobbie.wickham@nebraska.gov; bpuschendorf@nebraskahistory.org; butchk@nctc.net;<br />

calms@neb.rr.com; cgenoa@cablene.com; cityadmin@cablene.com;<br />

clangemeier@leg.ne.gov; cothern.joe@epa.gov; danno@nohva.com;<br />

david.jundt@dhhs.ne.gov; david.turner@ferc.gov; djjarecke@clarkswb.net;<br />

don_simpson@blm.gov; frank.albrecht@nebraska.gov; Waldow, George;<br />

jalexand@usgs.gov; jangell@dnr.ne.gov; jeddins@achp.gov; jjshadl@nppd.com;<br />

jmangi@columbusne.us; jmiyoshi@lpnnrd.org; jmsunne@nppd.com;<br />

john.bender@nebraska.gov; julias@poncatribe4ne.org; justin.lavene@nebraska.gov;<br />

jwinkler@papionrd.org; kenneth.sessa@dhs.gov; kennyj@headwaterscorp.com;<br />

ksullivan@leg.ne.gov; lpsnrd@lpsnrd.org; mark.ivy@ferc.gov; Pillard, Matt; mbrown9<br />

@unl.edu; mferguson@gp.usbr.gov; mkuzila1@unl.edu; mohler@nctc.net;<br />

monroe@megavision.com; msittler@lpsnrd.org; nicholas.jayjack@ferc.gov;<br />

nsuess@loup.com; Engelbert, Pat; pcclerk@megavision.com; peggy.harding@ferc.gov;<br />

prescott.brownell@noaa.gov; Damgaard, Quinn V.; randy_thoreson@nps.gov;<br />

rbishop@cpnrd.org; Robert_F_Stewart@ios.doi.gov; robert_harms@fws.gov;<br />

rziola@loup.com; White, Stephanie; steve.chick@ne.usda.gov; King, Wendy;<br />

Willie_Taylor@ios.doi.gov; zach_nelson@bennelson.senate.gov<br />

Subject: Re: <strong>Loup</strong> <strong>Power</strong> <strong>District</strong> FERC Relicensing 4 Study Plan Meetings<br />

Thank you for the information Lisa. At the April 21 meeting, our office had identified discrepancies between<br />

the Proposed Study Plan and SD2. Will there be a revision or supplement to the Proposed Study Plan that will<br />

include objectives and methods for all key resource needs identified in SD2? Our office would like to address<br />

the objectives and methods for these key resource needs at the May 27(28 meeting.<br />

Jeff Runge<br />

*******************************<br />

Jeff Runge<br />

Fish and Wildlife Biologist<br />

U.S. Fish and Wildlife Service<br />

203 W. Second Street<br />

Grand Island, NE 68801<br />

(308) 382(6468, Ext. 22<br />

(308) 379(8553 Cell<br />

(308) 384(8835 Fax<br />

********************************<br />

"Richardson, Lisa (Omaha)" <br />

"Richardson, Lisa (Omaha)"<br />

<br />

04/28/09 10:40 AM<br />

1<br />

To "abaum@upperloupnrd.org"<br />

, "adubas@leg.ne.gov"<br />

, "al.berndt@nebraska.gov"<br />

,<br />

"astuthman@leg.ne.gov" ,<br />

"barbara.j.friskopp@usace.army.mil"


2<br />

,<br />

"bczoning@frontiernet.net"<br />

,<br />

"bobbie.wickham@nebraska.gov"<br />

,<br />

"bpuschendorf@nebraskahistory.org"<br />

,<br />

"butchk@nctc.net" ,<br />

"calms@neb.rr.com" ,<br />

"cgenoa@cablene.com" ,<br />

"cityadmin@cablene.com"<br />

,<br />

"clangemeier@leg.ne.gov"<br />

, "cothern.joe@epa.gov"<br />

, "danno@nohva.com"<br />

, "david.jundt@dhhs.ne.gov"<br />

,<br />

"djjarecke@clarkswb.net"<br />

,<br />

"don_simpson@blm.gov"<br />

,<br />

"frank.albrecht@nebraska.gov"<br />

,<br />

"jalexand@usgs.gov" ,<br />

"jangell@dnr.ne.gov" ,<br />

"jeddins@achp.gov" ,<br />

"jmangi@columbusne.us"<br />

, "jmiyoshi@lpnnrd.org"<br />

, "jmsunne@nppd.com"<br />

,<br />

"john.bender@nebraska.gov"<br />

,<br />

"justin.lavene@nebraska.gov"<br />

,<br />

"jwinkler@papionrd.org" ,<br />

"kenneth.sessa@dhs.gov"<br />

,<br />

"kennyj@headwaterscorp.com"<br />

,<br />

"ksullivan@leg.ne.gov" ,<br />

"lpsnrd@lpsnrd.org" ,<br />

"mbrown9@unl.edu" ,<br />

"mferguson@gp.usbr.gov"<br />

, "mkuzila1@unl.edu"<br />

, "monroe@megavision.com"<br />

, "msittler@lpsnrd.org"<br />

, "pcclerk@megavision.com"<br />

,<br />

"peggy.harding@ferc.gov"<br />

,<br />

"prescott.brownell@noaa.gov"<br />

,<br />

"randy_thoreson@nps.gov"<br />

, "rbishop@cpnrd.org"<br />

,<br />

"Robert_F_Stewart@ios.doi.gov"<br />

,<br />

"robert_harms@fws.gov"<br />

,<br />

"steve.chick@ne.usda.gov"<br />

,


Relicensing <strong>Part</strong>icipants,<br />

3<br />

"Willie_Taylor@ios.doi.gov"<br />

,<br />

"david.turner@ferc.gov" ,<br />

"nicholas.jayjack@ferc.gov"<br />

, "mark.ivy@ferc.gov"<br />

, "julias@poncatribe(ne.org"<br />

, "jeff_runge@fws.gov"<br />

, "mohler@nctc.net"<br />

, "jjshadl@nppd.com"<br />

,<br />

"zach_nelson@bennelson.senate.gov"<br />

<br />

cc "nsuess@loup.com" ,<br />

"rziola@loup.com" ,<br />

"arobak@loup.com" ,<br />

"Waldow, George"<br />

, "Engelbert, Pat"<br />

, "Sigler, Bill"<br />

, "White, Stephanie"<br />

, "King, Wendy"<br />

, "Damgaard, Quinn<br />

V." , "Pillard,<br />

Matt" <br />

Subject <strong>Loup</strong> <strong>Power</strong> <strong>District</strong> FERC Relicensing ( Study Plan<br />

Meetings<br />

Thanks to those of you who attended the study plan meeting on Tuesday, April 21 st in Columbus. A transcript<br />

of the discussion will be available by May 8 on the project website at:<br />

http://www.loup.com/relicense/html/agencymeetingsresources.html.<br />

Several additional meetings are planned for the month of May to continue discussions on what studies are<br />

needed, how studies will be conducted, and how the data from each study will be used (e.g., to evaluate<br />

species impacts, etc). These meetings include:<br />

Date and Time Topic Location*<br />

Tuesday, May 5<br />

10:00 AM - 2:00 PM<br />

Monday, May 11<br />

10:30 AM – 3:00 PM<br />

Wednesday, May 27<br />

Thursday, May 28<br />

8:30 AM – 5:00 PM both days<br />

Section 106 Compliance (Study 11) Conference Call<br />

Recreation (Studies 8-10)<br />

Continued Discussion As Needed<br />

(Studies 1-12)<br />

<strong>District</strong> Office<br />

2404 15th St.<br />

Columbus, NE<br />

Holiday Inn Express<br />

524 E 23rd St<br />

Columbus, NE<br />

*All meetings are also available by conference call. Please note that you will be calling in when you RSVP.


RSVP 48 hours in advance of each meeting to:<br />

Angell Robak at arobak@loup.com<br />

(402) 564-3171, ext. 275.<br />

The consensus derived at these meetings will guide the revised study plan to be submitted July 27 th to FERC.<br />

The Proposed Study Plan was submitted to FERC on March 27, 2009. An electronic copy of the document can<br />

be found at the following location: http://www.loup.com/relicense/html/documents.html<br />

SHPO Project reference: HP#0804-127-01<br />

Thanks again,<br />

Lisa<br />

Lisa M. Richardson, P.E.<br />

Project Manager<br />

HDR One Company | Many Solutions<br />

8404 Indian Hills Drive<br />

Omaha, NE 68114-4049<br />

Phone: 402.926.7026<br />

Cell: 402.618.9865<br />

Fax: 402.399.1111<br />

4


Selzle, Lydia<br />

From: Richardson, Lisa (Omaha)<br />

Sent: Tuesday, April 28, 2009 10:40 AM<br />

To: abaum@upperloupnrd.org; adubas@leg.ne.gov; al.berndt@nebraska.gov;<br />

astuthman@leg.ne.gov; barbara.j.friskopp@usace.army.mil; bczoning@frontiernet.net;<br />

bobbie.wickham@nebraska.gov; bpuschendorf@nebraskahistory.org; butchk@nctc.net;<br />

calms@neb.rr.com; cgenoa@cablene.com; cityadmin@cablene.com;<br />

clangemeier@leg.ne.gov; cothern.joe@epa.gov; danno@nohva.com;<br />

david.jundt@dhhs.ne.gov; djjarecke@clarkswb.net; don_simpson@blm.gov;<br />

frank.albrecht@nebraska.gov; jalexand@usgs.gov; jangell@dnr.ne.gov; jeddins@achp.gov;<br />

jmangi@columbusne.us; jmiyoshi@lpnnrd.org; jmsunne@nppd.com;<br />

john.bender@nebraska.gov; justin.lavene@nebraska.gov; jwinkler@papionrd.org;<br />

kenneth.sessa@dhs.gov; kennyj@headwaterscorp.com; ksullivan@leg.ne.gov;<br />

lpsnrd@lpsnrd.org; mbrown9@unl.edu; mferguson@gp.usbr.gov; mkuzila1@unl.edu;<br />

monroe@megavision.com; msittler@lpsnrd.org; pcclerk@megavision.com;<br />

peggy.harding@ferc.gov; prescott.brownell@noaa.gov; randy_thoreson@nps.gov;<br />

rbishop@cpnrd.org; Robert_F_Stewart@ios.doi.gov; robert_harms@fws.gov;<br />

steve.chick@ne.usda.gov; Willie_Taylor@ios.doi.gov; david.turner@ferc.gov;<br />

nicholas.jayjack@ferc.gov; mark.ivy@ferc.gov; julias@poncatribe2ne.org;<br />

jeff_runge@fws.gov; mohler@nctc.net; jjshadl@nppd.com;<br />

zach_nelson@bennelson.senate.gov<br />

Cc: nsuess@loup.com; rziola@loup.com; arobak@loup.com; Waldow, George; Engelbert, Pat;<br />

Sigler, Bill; White, Stephanie; King, Wendy; Damgaard, Quinn V.; Pillard, Matt<br />

Subject: <strong>Loup</strong> <strong>Power</strong> <strong>District</strong> FERC Relicensing 2 Study Plan Meetings<br />

Relicensing <strong>Part</strong>icipants,<br />

Thanks to those of you who attended the study plan meeting on Tuesday, April 21 st in Columbus. A transcript of the<br />

discussion will be available by May 8 on the project website at:<br />

http://www.loup.com/relicense/html/agencymeetingsresources.html.<br />

Several additional meetings are planned for the month of May to continue discussions on what studies are needed, how<br />

studies will be conducted, and how the data from each study will be used (e.g., to evaluate species impacts, etc). These<br />

meetings include:<br />

Date and Time Topic Location*<br />

Tuesday, May 5<br />

10:00 AM 2:00 PM<br />

Monday, May 11<br />

10:30 AM – 3:00 PM<br />

Wednesday, May 27<br />

Thursday, May 28<br />

8:30 AM – 5:00 PM both days<br />

Section 106 Compliance (Study 11) Conference Call<br />

Recreation (Studies 8 10)<br />

Continued Discussion As Needed<br />

(Studies 1 12)<br />

1<br />

<strong>District</strong> Office<br />

2404 15th St.<br />

Columbus, NE<br />

Holiday Inn Express<br />

524 E 23rd St<br />

Columbus, NE<br />

*All meetings are also available by conference call. Please note that you will be calling in when you RSVP.<br />

RSVP 48 hours in advance of each meeting to:<br />

Angell Robak at arobak@loup.com<br />

(402) 564-3171, ext. 275.<br />

The consensus derived at these meetings will guide the revised study plan to be submitted July 27 th to FERC.<br />

The Proposed Study Plan was submitted to FERC on March 27, 2009. An electronic copy of the document can be found<br />

at the following location: http://www.loup.com/relicense/html/documents.html


SHPO Project reference: HP#0804 127 01<br />

Thanks again,<br />

Lisa<br />

Lisa M. Richardson, P.E.<br />

Project Manager<br />

HDR One Company | Many Solutions<br />

8404 Indian Hills Drive<br />

Omaha, NE 6811424049<br />

Phone: 402.926.7026<br />

Cell: 402.618.9865<br />

Fax: 402.399.1111<br />

2


Project: <strong>Loup</strong> River Hydroelectric Project<br />

FERC Project No. 1256<br />

Subject: Study 11 – Section 106 Compliance<br />

Meeting Date: May 5, 2009<br />

10:00 PM – 3:00 PM<br />

Notes by: HDR<br />

Attendees:<br />

Jessie Nunn, NSHS<br />

Jill Dolberg, HSHS<br />

Neal Suess, LPD<br />

<strong>Loup</strong> <strong>Power</strong> <strong>District</strong><br />

Columbus, NE<br />

Ron Ziola, LPD<br />

Mike Madson, HDR<br />

George Waldow, HDR<br />

P.O. Box 988<br />

2404 15 th Street<br />

Columbus, NE 68602-0988<br />

Meeting Notes<br />

Meeting Location: <strong>Loup</strong> <strong>Power</strong> <strong>District</strong> Offices –<br />

Columbus, NE<br />

Lisa Richardson, HDR<br />

A meeting was held between <strong>Loup</strong> <strong>Power</strong> <strong>District</strong> and the Nebraska State Historical Society (Nebraska<br />

SHPO) to discuss Study 11.0 – Section 106 Compliance from the <strong>District</strong>’s Proposed Study Plan associated<br />

with relicensing the <strong>Loup</strong> River Hydroelectric Project. Discussion is summarized by agenda topic below.<br />

Meeting Agenda:<br />

1. Relicensing Process<br />

2. Project Background<br />

3. Study Plan<br />

• Study Goals & Objectives<br />

• Study Tasks<br />

• Phase Ia Report<br />

• Phase I Archaeological Inventory<br />

• Historic <strong>District</strong> Documentation Package<br />

4. <strong>Consultation</strong> Products<br />

5. Pawnee Dredge Replacement<br />

6. Tour of Hydroelectric System<br />

Discussion:<br />

1. Relicensing Process<br />

HDR provided a brief overview of the relicensing process (see attached graphic). Key points in the<br />

process related to Section 106 compliance:<br />

• Discuss study plan and determine if it meets the needs of SHPO for Section 106 compliance<br />

(5/5/09).<br />

• Opportunity for SHPO to file formal comments on proposed study plan (6/26/09)<br />

• <strong>District</strong> revise as needed and submit with Revised Study Plan (7/27/09).<br />

• Conduct study and prepare reports (Fall 2009 to Summer 2010).<br />

• Incorporate information from studies into the License Application (application submitted<br />

4/16/2012)<br />

It was noted that FERC has sent letters to tribes regarding consultation for Project relicensing; however,<br />

FERC also expects applicants to coordinate separately with the tribes. There are six tribes with potential<br />

Phone (866) 869-2087<br />

Fax (402) 564-0970<br />

www.loup.com<br />

Page 1 of 4


LPD Hydropower Relicensing<br />

FERC Project No. 1256<br />

SHPO Meeting – May 5, 2009<br />

interest in this project: Omaha Tribe of Nebraska, Pawnee Tribe, Ponca Tribe of Nebraska, Ponca Tribe<br />

of Oklahoma, Santee Sioux Tribe, and Winnebago Tribe. FERC has received correspondence from the<br />

Ponca Tribe of Nebraska and the Winnebago Tribe indicating they have no comment or will not<br />

participate in the relicensing. The <strong>District</strong> has sent letters to the six tribes and has not received any<br />

responses regarding interest in the reliensing; however, they will keep trying to contact the tribes.<br />

2. Project Background<br />

The <strong>District</strong> provided a brief overview of the Project, including descriptions of the following: project<br />

headworks (diversion weir, sluice gates, intake structure), settling basin & Pawnee Dredge, Monroe<br />

<strong>Power</strong>house, Lake Babcock & Lake North, Columbus <strong>Power</strong>house, and the tailrace. The <strong>District</strong> noted<br />

that they are not proposing any operational changes or construction as part of the relicensing.<br />

HDR provided a summary of the historic context of the Project: It was constructed in the early 1930s as a<br />

PWA project and is considered to be a district eligible for the National Register of Historic Places<br />

(NRHP). Additionally, there are 13 archaeological sites in the vicinity of the project that have been<br />

recorded since the 1930s. Pre-contact and historic-period sites were encountered during the project<br />

construction; some were excavated by archaeologists from the University of Nebraska. The sites are<br />

related to the historic-period settlement of the vicinity by the Pawnee, who lived in and around Genoa in<br />

the latter half of the 19 th century. One of the sites is listed on the NRHP, and another appears to be<br />

eligible.<br />

3. Study Plan<br />

Study Goals & Objectives<br />

The group reviewed the Goals and Objectives as described in Study 11. The SHPO agreed that the goals<br />

and objectives are appropriate and no revisions are needed.<br />

Study Tasks<br />

HDR identified the major tasks identified in Study 11:<br />

Phase IA Archaeological Overview<br />

Conduct archaeological overview to document the known resources in the vicinity of the Project and<br />

provide recommendations for additional archaeological fieldwork within the Project Boundary. HDR<br />

indicated that there appear to be few areas that are undisturbed and thus fit for archaeological survey.<br />

Phase I Archaeological Inventory<br />

Conduct archaeological field studies for the areas within the APE identified in the Phase IA investigation<br />

and document the results.<br />

Ethnographic Documentation<br />

In coordination with Native American tribes, document any known places of traditional religious or<br />

cultural importance within the APE.<br />

Historic <strong>District</strong> Documentation Package<br />

Prepare an inventory and evaluate the potential historic district in accordance with federal and state<br />

guidelines and prepare a documentation package. It is anticipated that the package would include 35mm<br />

photos documenting the representative features as well as some of the original engineering drawings. The<br />

<strong>District</strong> noted that they have prepared a book, <strong>Power</strong> and Progress, documenting the history of the Project<br />

and they also have videotaped interviews with local residents recounting their memories of construction<br />

of the Project.<br />

<strong>Loup</strong> <strong>Power</strong> <strong>District</strong><br />

Columbus, NE<br />

P.O. Box 988<br />

2404 15 th Street<br />

Columbus, NE 68602-0988<br />

Phone (866) 869-2087<br />

Fax (402) 564-0970<br />

www.loup.com<br />

Page 2 of 4


LPD Hydropower Relicensing<br />

FERC Project No. 1256<br />

SHPO Meeting – May 5, 2009<br />

SHPO asked if the <strong>District</strong> had considered getting the project listed on the NRHP and noted the potential<br />

benefits as:<br />

• Publicity<br />

• Education tool<br />

• Federal tax breaks (does not apply to the <strong>District</strong>)<br />

• National recognition<br />

The <strong>District</strong> indicated that they have not considered listing the project in the NRHP.<br />

It was noted that the studies would be completed between August 2009 and August 2011. SHPO agreed<br />

that the study tasks are appropriate. SHPO will provide the <strong>District</strong> with an example documentation<br />

package from the NPPD project listing and will also look for an example documenting a linear district.<br />

4. <strong>Consultation</strong> Products<br />

Two consultation products will be prepared as part of Project relicensing:<br />

• Historic Properties Management Plan (HPMP)<br />

• Programmatic Agreement (PA)<br />

The HPMP will outline the activities that would require future consultation with SHPO and will be<br />

prepared and submitted with the license application. FERC uses a standard PA that will also be prepared<br />

and submitted with the license application.<br />

5. Pawnee Dredge Replacement<br />

The <strong>District</strong> indicated that they are planning to replace the Pawnee dredge with the intent of having a new<br />

dredge operational by spring or fall 2011. The <strong>District</strong> indicated that the existing dredge requires constant<br />

maintenance, that the exterior housing is essentially the only original equipment on the dredge, and the<br />

dredge has probably already exceeded its useful life. In addition, a new dredge is needed to be able to<br />

continue to pump sand onto the North Sand Management Area, as the height of this area increases every<br />

year.<br />

The <strong>District</strong> provided a brief description of the current dredge and dredging operation:<br />

• Dredge is a “dustpan” dredge which uses jets of water to loosen sediment rather than a cutter<br />

head<br />

• Dredging occurs in the spring (March – June) and fall (August-October)<br />

• During the dredging season, the dredge operates 24 hours a day/7 days a week<br />

• Dredge currently discharged 80% water and 20% solids<br />

• Dredge discharges sand onto the North Sand Management Area where the sand disperses<br />

according to gradation.<br />

• Dredge discharges sand onto the South Sand Management Area where the sand and water<br />

return to the <strong>Loup</strong> River.<br />

The <strong>District</strong> noted that it is considering both dustpan and cutter head dredges as replacement for the<br />

Pawnee; currently a dustpan dredge appears to be preferred. The <strong>District</strong> plans to scrap the Pawnee once<br />

a new dredge is operational. SHPO indicated it would be their preference to replace the Pawnee with a<br />

dustpan type dredge to be consistent with the original equipment; however, they noted it is not their<br />

intention to force a specific type.<br />

The SHPO asked if the <strong>District</strong> has considered putting the Pawnee on display in permanent dry dock. The<br />

<strong>District</strong> noted that they are not interested in putting it in dry dock on their property because it would be a<br />

safety and maintenance problem. There would likely be significant vandalism and the dredge itself would<br />

pose a potential safety hazard to the general public. The <strong>District</strong> noted that they would be willing to<br />

<strong>Loup</strong> <strong>Power</strong> <strong>District</strong><br />

Columbus, NE<br />

P.O. Box 988<br />

2404 15 th Street<br />

Columbus, NE 68602-0988<br />

Phone (866) 869-2087<br />

Fax (402) 564-0970<br />

www.loup.com<br />

Page 3 of 4


LPD Hydropower Relicensing<br />

FERC Project No. 1256<br />

SHPO Meeting – May 5, 2009<br />

donate the dredge to anyone who wanted to display it, but the <strong>District</strong> is not planning to do anything.<br />

SHPO noted that they understand the need to replace the dredge and the reasons for not planning to dry<br />

dock and display it.<br />

HDR noted that the intent is to document the dredge as the first piece of the documentation package for<br />

the historic district prior to it being taken out of service.<br />

Action Items:<br />

Who<br />

<strong>Loup</strong> <strong>Power</strong> <strong>District</strong><br />

Columbus, NE<br />

Task<br />

SHPO Provide example documentation package for historic districts<br />

(NPPD and a linear district).<br />

LPD Document Pawnee dredge as part of the historic district<br />

documentation package prior to taking it out of service.<br />

P.O. Box 988<br />

2404 15 th Street<br />

Columbus, NE 68602-0988<br />

Phone (866) 869-2087<br />

Fax (402) 564-0970<br />

www.loup.com<br />

Date<br />

Assigned<br />

5/5/09<br />

5/5/09<br />

Page 4 of 4


Subject: Proposed Study Plan – Fish and Wildlife Data Gathering<br />

Client: <strong>Loup</strong> <strong>Power</strong> <strong>District</strong><br />

Project: <strong>Loup</strong> FERC Re-Licensing<br />

Meeting Date: May 5, 2009<br />

Notes by: Melissa Marinovich<br />

Project No: 13704<br />

Meeting Notes<br />

Meeting Location: 2200 N. 33 rd Street, Lincoln, NE<br />

N:\!users\Gail\Stationery & Forms\Forms\MeetingNotes.doc<br />

Attendees:<br />

Rich Holland (NGPC), Frank Albrecht (NGPC), Dave Tunink (NGPC), Rick Schneider (NGPC), George<br />

Waldow (HDR), Melissa Marinovich (HDR), Matt Pillard (HDR)<br />

Topics Discussed:<br />

The purpose of this meeting was to discuss the data available at the NGPC for use in developing study plans,<br />

to identify any significant data gaps, and to gain an understanding of NGPC process for requesting data and<br />

the cost of the data. Copies of the NDEQ fish kill reports that HDR has collected were distributed. The<br />

meeting began at 1:30pm.<br />

I. Introductions<br />

II. HDR Acquired Data<br />

HDR Engineering, Inc.<br />

Melissa began by outlining all threatened and endangered species data that the Project has<br />

collected to date and from which sources this data has been obtained.<br />

HDR asked what data would be best to use for evaluating effects to terns and plovers. Nest<br />

counts? Fledge ratios?<br />

o NGPC suggested that Joel Jorgensen (Nongame Bird Program Manager) would be the<br />

best contact for discussing appropriate metrics to be used when developing a study<br />

regarding the terns and plovers.<br />

o Rich Holland suggested that looking at the “whole picture” would be better than<br />

comparing to one individual metric such as fledge ratio or nest counts. These are all<br />

parts of a reproductive success measurement. However, what to use depends on what<br />

you are looking for.<br />

HDR currently has adult census numbers for only a few select years on the <strong>Loup</strong> River. Are nest<br />

count numbers or fledge ratios there?<br />

o Joel would also know the answer to this too. There just isn’t that much data on the <strong>Loup</strong><br />

River because there are not that many birds there.<br />

o George Waldow posed the question: Why are/aren’t birds on the <strong>Loup</strong> River bypass<br />

reach?<br />

Rich Holland speculated that it was likely due to human activity<br />

Sampling protocols between agencies were discussed<br />

o Rick Schneider agreed that there are likely some differences in protocols between all the<br />

different agencies that collect data and this can affect the accuracy of the data<br />

o Joel Jorgensen started using a detectability technique to identify error and for<br />

consistency for the lower Platte River and sandpits within the last two years that should<br />

help with the accuracy of that data<br />

8404 Indian Hills Drive<br />

Omaha, NE 68114-4098<br />

Phone (402) 399-1000<br />

Fax (402) 399-1238<br />

www.hdrinc.com<br />

Page 1 of 3


HDR Engineering, Inc.<br />

o Nebraska Natural Heritage Database (NNHD) staff runs checks on data before entering<br />

into database and Joel checks over data before entering it into the tern and plover<br />

database that is kept by the NGPC<br />

Melissa outlined what fish sampling and fish kill data HDR has collected to date and handed out<br />

the most recent NDEQ fish kill reports from 2005<br />

o Rich Holland said NGPC had 2 additional sampling reports on the <strong>Loup</strong> River from 1996<br />

and 1997. He gave copies to Melissa for the Project file.<br />

o A statewide inventory was completed in 2005 by Schainost that tried to mimic an<br />

inventory that was done long ago (Johnson study, 1940’s) – tried to sample at same<br />

spots as previous reports<br />

III. Other Existing Data<br />

IV. Data Gaps<br />

How is data, from other agencies, students, and volunteers, collected and integrated into the<br />

NGPC databases?<br />

o Data in the NNHD has records dating back to the late 1800’s<br />

o Data collected by students doing graduate work goes to the database as it is completed<br />

o Once a year, the NNHD is synced with graduate student work and other NGPC<br />

databases (such as Joel’s tern and plover database).<br />

o Reports and data from other agencies are entered into the NNHD as soon as possible.<br />

o Volunteer sightings and records of T&E Species are verified, if possible, by NGPC<br />

personnel and recorded into NNHD as soon as possible. Omaha Orchid Club is one<br />

example.<br />

o Rick Schneider indicated that UNL students working on a graduate project just caught<br />

another pallid sturgeon last week and it was upstream of Leshara, NE (where the last<br />

pallid was documented a few weeks ago)<br />

Rick clarified that this incident had not yet been released to the press, but would<br />

be entered into the database as soon as possible. (as of the May 27 and 28<br />

agency meetings this pallid sturgeon occurrence had not been verified)<br />

When asked about the recent occurrences of pallid upstream of the Elkhorn<br />

River confluence, Rich offered that overall, catch efficiency has improved and<br />

the effort has increased.<br />

o Tier 1 species – of the 80 Tier 1 species, 27 are Federally- and/or State-listed. We<br />

discussed the mapping and that we would also want occurrences for the <strong>Loup</strong> River<br />

bypass reach.<br />

Any additional fish kill or fish sampling data that the Project has not yet collected in the <strong>Loup</strong><br />

River bypass reach, downstream on the lower Platte River, or in the power canal?<br />

o 2004 was the big one on the bypass reach that had many flathead catfish kills. The<br />

question was asked about what effect does Beaver Creek have on water temperature<br />

downstream<br />

o There might be some sampling notes/reports from the 1940’s that Johnson collected –<br />

Steve Schainost would have copies of those.<br />

o Steve Schainost would also have copies of statewide surveys done in 2005<br />

Contact information for Steve: (308) 763-2940<br />

o Rich Holland and Dave Tunink did not know of any other fish kill reports than what HDR<br />

has collected to date.<br />

None downstream of the tailrace in the lower Platte River<br />

Rich observed some dead fish in 1988 in tailrace park – no written reports<br />

• Observed isolated pockets of fish right at tailrace park due to the water<br />

being “turned off” for maintenance to the canal – mostly strandings<br />

o Rich mentioned that Gene Zurlein might know of some additional fish kill data<br />

Any additional data on terns and plovers that can fill in the gaping holes between years and<br />

types of data?<br />

8404 Indian Hills Drive<br />

Omaha, NE 68114-4098<br />

Phone (402) 399-1000<br />

Fax (402) 399-1238<br />

www.hdrinc.com<br />

Page 2 of 3


HDR Engineering, Inc.<br />

o Need to check with Joel Jorgensen on this question<br />

Asked about fish passage and the rock ramp at Milburn<br />

o Rich Holland clarified that Milburn dam has a fishway – not a rock ramp<br />

Fishway is a channel just west of the diversion – on the Middle <strong>Loup</strong> River<br />

o Sargent diversion is using a rock ramp design for fish passage, but has not been<br />

constructed yet<br />

o Belmont diversion is using a denil fish ladder for passage – this option wouldn’t likely<br />

work for LPPD<br />

V. NGPC Process for Requesting Data<br />

VI. Cost of Data<br />

Letters are best, but would need time to respond to a large data request<br />

HDR/LPPD has been requesting data in the correct way – need to be specific on what data is<br />

requested/needed<br />

If a data request comes from a state or federal agency (such as FERC) – there is no charge for<br />

the data<br />

If a data request comes from a for-profit entity (such as HDR), even if they are working on behalf<br />

of a federal, state or nonprofit agency – there is a standard charge for data<br />

o Standard charge for data collection and compilation is $60.00 per hour<br />

The <strong>Loup</strong> Public <strong>Power</strong> <strong>District</strong> is a not-for-profit entity – what if the request came from them?<br />

o Rick Schneider said there would likely be no charge because they are not-for-profit<br />

o Rick pointed out that the Freedom of Information Act (FOIA) allows NGPC to recover<br />

costs for the data<br />

VII. Action Items<br />

Action<br />

Contact Joel Jorgensen (Non-Game Bird Program<br />

Responsible <strong>Part</strong>y Due Date<br />

Manager NGPC) to discuss bird metrics and available<br />

data<br />

Melissa Marinovich, HDR May 19, 2009<br />

Draft data request letter to Joel Jorgensen, NGPC,<br />

requesting additional tern and plover data<br />

Contact Steven Shainost, NGPC, regarding Johnson<br />

Melissa Marinovich, HDR May 29, 2009<br />

1940’s fish sampling reports and 2005 statewide<br />

inventory reports<br />

Melissa Marinovich, HDR May 15, 2009<br />

Follow-up with Steve Shainost and Rich Holland<br />

regarding rock ramp issues<br />

Bill Sigler, HDR June 5, 2009<br />

VIII. Adjorn<br />

Meeting concluded at 3:30pm.<br />

8404 Indian Hills Drive<br />

Omaha, NE 68114-4098<br />

Phone (402) 399-1000<br />

Fax (402) 399-1238<br />

www.hdrinc.com<br />

Page 3 of 3


Selzle, Lydia<br />

From: Pillard, Matt<br />

Sent: Friday, May 08, 2009 9:12 AM<br />

To: abaum@upperloupnrd.org; adubas@leg.ne.gov; al.berndt@nebraska.gov;<br />

astuthman@leg.ne.gov; barbara.j.friskopp@usace.army.mil; bczoning@frontiernet.net;<br />

bobbie.wickham@nebraska.gov; bpuschendorf@nebraskahistory.org; butchk@nctc.net;<br />

calms@neb.rr.com; cgenoa@cablene.com; cityadmin@cablene.com;<br />

clangemeier@leg.ne.gov; cothern.joe@epa.gov; danno@nohva.com;<br />

david.jundt@dhhs.ne.gov; djjarecke@clarkswb.net; don_simpson@blm.gov;<br />

frank.albrecht@nebraska.gov; jalexand@usgs.gov; jean.angell@nebraska.gov;<br />

jeddins@achp.gov; jmangi@columbusne.us; jmiyoshi@lpnnrd.org; jmsunne@nppd.com;<br />

john.bender@nebraska.gov; justin.lavene@nebraska.gov; jwinkler@papionrd.org;<br />

kenneth.sessa@dhs.gov; kennyj@headwaterscorp.com; ksullivan@leg.ne.gov;<br />

lpsnrd@lpsnrd.org; mbrown9@unl.edu; mferguson@gp.usbr.gov; mkuzila1@unl.edu;<br />

monroe@megavision.com; msittler@lpsnrd.org; pcclerk@megavision.com;<br />

peggy.harding@ferc.gov; prescott.brownell@noaa.gov; randy_thoreson@nps.gov;<br />

rbishop@cpnrd.org; Robert_F_Stewart@ios.doi.gov; robert_harms@fws.gov;<br />

steve.chick@ne.usda.gov; Willie_Taylor@ios.doi.gov; david.turner@ferc.gov;<br />

nicholas.jayjack@ferc.gov; mark.ivy@ferc.gov; julias@poncatribe.ne.org;<br />

jeff_runge@fws.gov; mohler@nctc.net; jjshadl@nppd.com;<br />

zach_nelson@bennelson.senate.gov<br />

Cc: nsuess@loup.com; rziola@loup.com; arobak@loup.com; Richardson, Lisa (Omaha); Waldow,<br />

George; Engelbert, Pat; Sigler, Bill; White, Stephanie; King, Wendy; Damgaard, Quinn V.<br />

Subject: <strong>Loup</strong> <strong>Power</strong> <strong>District</strong> FERC Relicensing . Study Plan Meeting Information<br />

Attachments: Directions to <strong>Loup</strong> <strong>Power</strong> <strong>District</strong> Main Office .pdf<br />

Relicensing <strong>Part</strong>icipants,<br />

The following materials will be posted by 12:00 PM today on the project website at:<br />

http://www.loup.com/relicense/html/agencymeetingsresources.html :<br />

• April 21 Study Plan Meeting Transcript<br />

• Agenda and Handout for May 11 th Discussion of Recreation Studies (8-10)<br />

Reminders:<br />

Recreation, Land Use, and Aesthetics Study Plan Meeting<br />

The Recreation, Land Use, and Aesthetics Study Plan meeting is on May 11. Meeting materials are available on the<br />

project website. Please RSVP to Angell Robak by noon on May 8 th at arobak@loup.com or (402) 564-3171, ext. 275. Due<br />

to local road construction, please see the attached directions to the <strong>Loup</strong> <strong>District</strong> Offices.<br />

Aquatic Resources Study Plan Meetings<br />

Also, as a reminder, we will continue our discussion of Aquatic Resources (and other studies as needed) on Wednesday,<br />

May 27 and Thursday, May 28. The consensus derived at these meetings will guide the revised study plan to be<br />

submitted July 27 th to FERC. Please RSVP to Angell by noon on May 22 nd .<br />

Also, please let Angell or myself know if you would be interested in gathering at the <strong>Power</strong>house Park after the meeting<br />

on Wednesday, May 27 for a picnic dinner and socializing. We appreciate your time and input on this relicensing effort.<br />

See below for details for both meetings:<br />

Date and Time Topic Location* RSVP<br />

Monday, May 11 Recreation (Studies 8 10) <strong>District</strong> Office May 8 th , 12:00 p.m.<br />

1


10:30 AM – 3:00 PM 2404 15th St.<br />

Columbus, NE<br />

Wednesday, May 27<br />

Thursday, May 28<br />

8:30 AM – 5:00 PM both days<br />

Continued Discussion on Goals and Objectives<br />

(as needed) and New Discussion on<br />

Methodologies<br />

(Studies 1 12)<br />

Holiday Inn Express<br />

524 E 23rd St<br />

Columbus, NE<br />

May 22nd , 12:00 p.m.<br />

*These meetings are also available by conference call. Please note that you will be calling in when you RSVP.<br />

RSVP to:<br />

Angell Robak at arobak@loup.com<br />

(402) 564-3171, ext. 275.<br />

SHPO Project reference: HP#0804 127 01<br />

Thanks again,<br />

Matt Pillard, AICP<br />

Senior Environmental Planner<br />

HDR | ONE COMPANY | Many Solutions Sol<br />

8404 Indian Hills Drive | Omaha, NE | 68114.4098<br />

Phone: 402.399.1186 | Cell: 402.689.5187| Fax: 402.399.1111<br />

Email: Matt.Pillard@hdrinc.com<br />

2


Selzle, Lydia<br />

From: Richardson, Lisa (Omaha)<br />

Sent: Wednesday, April 29, 2009 12:57 PM<br />

To: King, Wendy<br />

Subject: FW:<br />

Attachments: Agenda.090505.SHPO.doc<br />

From: Madson, Michael J.<br />

Sent: Wednesday, April 29, 2009 11:35 AM<br />

To: Dolberg, Jill; Robert Puschendorf<br />

Cc: Richardson, Lisa (Omaha)<br />

Subject:<br />

Looking forward to Tuesday.<br />

Please see the attached agenda. Call me ahead of time if you have any comments, questions or additions.<br />

Mike<br />

Michael J. Madson, M.S., RPA<br />

Professional Associate<br />

Senior Archaeologist/Cultural Resources Project Manager<br />

HDR ONE COMPANY | Many Solutions<br />

701 Xenia Avenue South | Suite 600 | Minneapolis, MN | 55416<br />

Phone: 763527855921 | Fax: 763559155413 | Mobile: 612550156237 | Email: michael.madson@hdrinc.com<br />

1


Selzle, Lydia<br />

From: Pillard, Matt<br />

Sent: Friday, May 08, 2009 4:01 PM<br />

To: julias@poncatribe ne.org<br />

Cc: Richardson, Lisa (Omaha); Frame, Gail; King, Wendy<br />

Subject: FW: <strong>Loup</strong> <strong>Power</strong> <strong>District</strong> FERC Relicensing Study Plan Meeting Information<br />

Attachments: Directions to <strong>Loup</strong> <strong>Power</strong> <strong>District</strong> Main Office .pdf<br />

Good Afternoon Julia.<br />

Please see the information below regarding upcoming meetings on the <strong>Loup</strong> <strong>Power</strong> <strong>District</strong> Relicensing project. Please<br />

let me know if you have any questions. We’ll add you to our database for future emails.<br />

Thanks!<br />

Matt<br />

From: Pillard, Matt<br />

Sent: Friday, May 08, 2009 9:12 AM<br />

To: abaum@upperloupnrd.org; adubas@leg.ne.gov; al.berndt@nebraska.gov; astuthman@leg.ne.gov;<br />

barbara.j.friskopp@usace.army.mil; bczoning@frontiernet.net; bobbie.wickham@nebraska.gov;<br />

bpuschendorf@nebraskahistory.org; butchk@nctc.net; calms@neb.rr.com; cgenoa@cablene.com;<br />

cityadmin@cablene.com; clangemeier@leg.ne.gov; cothern.joe@epa.gov; danno@nohva.com; david.jundt@dhhs.ne.gov;<br />

djjarecke@clarkswb.net; don_simpson@blm.gov; frank.albrecht@nebraska.gov; jalexand@usgs.gov;<br />

'jean.angell@nebraska.gov'; jeddins@achp.gov; jmangi@columbusne.us; jmiyoshi@lpnnrd.org; jmsunne@nppd.com;<br />

john.bender@nebraska.gov; justin.lavene@nebraska.gov; jwinkler@papionrd.org; kenneth.sessa@dhs.gov;<br />

kennyj@headwaterscorp.com; ksullivan@leg.ne.gov; lpsnrd@lpsnrd.org; mbrown9@unl.edu; mferguson@gp.usbr.gov;<br />

mkuzila1@unl.edu; monroe@megavision.com; msittler@lpsnrd.org; pcclerk@megavision.com; peggy.harding@ferc.gov;<br />

prescott.brownell@noaa.gov; randy_thoreson@nps.gov; rbishop@cpnrd.org; Robert_F_Stewart@ios.doi.gov;<br />

robert_harms@fws.gov; steve.chick@ne.usda.gov; Willie_Taylor@ios.doi.gov; david.turner@ferc.gov;<br />

nicholas.jayjack@ferc.gov; mark.ivy@ferc.gov; julias@poncatribe/ne.org; jeff_runge@fws.gov; mohler@nctc.net;<br />

jjshadl@nppd.com; zach_nelson@bennelson.senate.gov<br />

Cc: nsuess@loup.com; rziola@loup.com; arobak@loup.com; Richardson, Lisa (Omaha); Waldow, George; Engelbert, Pat;<br />

Sigler, Bill; White, Stephanie; King, Wendy; Damgaard, Quinn V.<br />

Subject: <strong>Loup</strong> <strong>Power</strong> <strong>District</strong> FERC Relicensing / Study Plan Meeting Information<br />

Relicensing <strong>Part</strong>icipants,<br />

The following materials will be posted by 12:00 PM today on the project website at:<br />

http://www.loup.com/relicense/html/agencymeetingsresources.html :<br />

• April 21 Study Plan Meeting Transcript<br />

• Agenda and Handout for May 11 th Discussion of Recreation Studies (8-10)<br />

Reminders:<br />

Recreation, Land Use, and Aesthetics Study Plan Meeting<br />

The Recreation, Land Use, and Aesthetics Study Plan meeting is on May 11. Meeting materials are available on the<br />

project website. Please RSVP to Angell Robak by noon on May 8 th at arobak@loup.com or (402) 564-3171, ext. 275. Due<br />

to local road construction, please see the attached directions to the <strong>Loup</strong> <strong>District</strong> Offices.<br />

Aquatic Resources Study Plan Meetings<br />

1


Also, as a reminder, we will continue our discussion of Aquatic Resources (and other studies as needed) on Wednesday,<br />

May 27 and Thursday, May 28. The consensus derived at these meetings will guide the revised study plan to be<br />

submitted July 27 th to FERC. Please RSVP to Angell by noon on May 22 nd .<br />

Also, please let Angell or myself know if you would be interested in gathering at the <strong>Power</strong>house Park after the meeting<br />

on Wednesday, May 27 for a picnic dinner and socializing. We appreciate your time and input on this relicensing effort.<br />

See below for details for both meetings:<br />

Date and Time Topic Location* RSVP<br />

Monday, May 11<br />

10:30 AM – 3:00 PM<br />

Recreation (Studies 8"10)<br />

<strong>District</strong> Office<br />

2404 15th St.<br />

Columbus, NE<br />

May 8th , 12:00 p.m.<br />

Wednesday, May 27<br />

Thursday, May 28<br />

8:30 AM – 5:00 PM both days<br />

Continued Discussion on Goals and Objectives<br />

(as needed) and New Discussion on<br />

Methodologies<br />

(Studies 1"12)<br />

Holiday Inn Express<br />

524 E 23rd St<br />

Columbus, NE<br />

May 22nd , 12:00 p.m.<br />

*These meetings are also available by conference call. Please note that you will be calling in when you RSVP.<br />

RSVP to:<br />

Angell Robak at arobak@loup.com<br />

(402) 564-3171, ext. 275.<br />

SHPO Project reference: HP#0804/127/01<br />

Thanks again,<br />

Matt Pillard, AICP<br />

Senior Environmental Planner<br />

HDR | ONE COMPANY | Many Solutions Sol<br />

8404 Indian Hills Drive | Omaha, NE | 68114 4098<br />

Phone: 402.399.1186 | Cell: 402.689.5187| Fax: 402.399.1111<br />

Email: Matt.Pillard@hdrinc.com<br />

2


From: Pillard, Matt<br />

To: Richardson, Lisa (Omaha)<br />

Cc: Frame, Gail<br />

Subject: FW: <strong>Loup</strong> Relicensing email correspondence<br />

Date: Monday, May 11, 2009 3:33:18 PM<br />

FYI<br />

From: Dolberg, Jill [mailto:jill.dolberg@nebraska.gov]<br />

Sent: Monday, May 11, 2009 2:40 PM<br />

To: Pillard, Matt<br />

Subject: RE: <strong>Loup</strong> Relicensing email correspondence<br />

That would be perfect Matt. Thanks so much!<br />

Jill Dolberg<br />

From: Pillard, Matt [mailto:Matt.Pillard@hdrinc.com]<br />

Sent: Monday, May 11, 2009 1:47 PM<br />

To: Dolberg, Jill<br />

Cc: Lisa.Richards@hdrinc.com; Frame, Gail<br />

Subject: RE: <strong>Loup</strong> Relicensing email correspondence<br />

Jill,<br />

Thanks for the note. Yes, we can do that. Will all correspondence go to you, but when/if we need<br />

to address SHPO formally, should that go to Bob?<br />

Matt<br />

From: Dolberg, Jill [mailto:jill.dolberg@nebraska.gov]<br />

Sent: Monday, May 11, 2009 1:08 PM<br />

To: Pillard, Matt; Lisa.Richards@hdrinc.com<br />

Subject: <strong>Loup</strong> Relicensing email correspondence<br />

Hello! Bob Puschendorf has been receiving all the emails regarding the <strong>Loup</strong> Relicensing project, but<br />

wonders if you could put me on the email mailing list instead. We appreciate all the information you<br />

send, but he ends up forwarding it to me in any case. We would appreciate it! My email is below...<br />

Jill Dolberg<br />

Jill E. Dolberg<br />

Review and Compliance Coordinator<br />

Nebraska State Historic Preservation Office<br />

Nebraska State Historical Society<br />

1420 P Street<br />

P. O. Box 82554<br />

Lincoln, Nebraska 68501-2554<br />

(402) 471-4773 office<br />

(402) 471-3316 fax


1-800-833-6747<br />

Jill.Dolberg@nebraska.gov<br />

To learn more about the history we all share, visit our website at www.nebraskahistory.org.


Selzle, Lydia<br />

From: Pavelka, Gregory A NWO [Gregory.A.Pavelka@usace.army.mil]<br />

Sent: Friday, May 15, 2009 8:59 AM<br />

To: Marinovich, Melissa<br />

Subject: RE: Another Missouri River Habitat Question<br />

Hi Melissa,<br />

The extensive study I mentioned is the pre-decisional EIS for ESH. It probably won't be<br />

released until the spring of 2010 at the earliest. The plovers are back and have been seen as<br />

far north as Fort Peck Lake in eastern Montana. Our crew at Gavins Point is just now starting<br />

to find nests. We have been seeing common terns, but least terns have not been verified yet.<br />

I would expect they will start showing up next week. It is a long flight from South America.<br />

Have a good weekend.<br />

Greg<br />

-----Original Message-----<br />

From: Marinovich, Melissa [mailto:Melissa.Marinovich@hdrinc.com]<br />

Sent: Thursday, May 14, 2009 3:00 PM<br />

To: Pavelka, Gregory A NWO<br />

Subject: Another Missouri River Habitat Question<br />

Hi Greg,<br />

Have the birds returned to the river yet? I know the plovers are milling around the Platte<br />

and sandpits, but the terns have not been spotted yet. I am currently helping gather<br />

additional information on sandbar habitat availability for terns and plovers in different<br />

river systems. In one of our phone conversations, you had mentioned that an extensive study<br />

was done (in preparation of the pre-decision EIS on Emergent Sandbar Habitat) that looked at<br />

digital photography of all the habitat in the Missouri River from 1998 to 2008. I haven't<br />

been able to find any information on this study and was wondering if you could send me either<br />

a link, copy of the report, or any additional information on this study. Thanks for all your<br />

help! Happy spring!<br />

Melissa Marinovich<br />

Environmental Scientist<br />

HDR ONE COMPANY | Many Solutions<br />

8404 Indian Hills Drive | Omaha, NE | 68114-4098<br />

Phone: 402.399.1317 | Fax: 402.399.1111<br />

Email: melissa.marinovich@hdrinc.com <br />

1


Selzle, Lydia<br />

From: Schainost, Steve [steve.schainost@nebraska.gov]<br />

Sent: Monday, May 18, 2009 7:24 PM<br />

To: Marinovich, Melissa<br />

Subject: RE: Johnson Fish reports?<br />

The Sargent "will be" a rock ramp when it is done. I believe they are purchasing and<br />

stockpiling rock right now and will do the work in the fall. Belmont is a denil fish ladder.<br />

At Milburn Dam, they built a new supplemental spillway. The main spillway is a triple box<br />

culvert through the dam that can handle up to 700 cfs. The fishway is a single box culvert<br />

that is set 6 feet (?) higher, again through the dam, and is designed to handle a maximum of<br />

100 cfs. The gates on all four are vertical slide gates that are computer controlled. I can<br />

provide photos when I get back to the office. I believe a rock ramp would be the most<br />

suitable and cost effective for the <strong>Loup</strong> Diversion which, if memory serves, is only a few<br />

feet high.<br />

Steve Schainost<br />

Note: new email address - steve.schainost@nebraska.gov<br />

________________________________________<br />

From: Marinovich, Melissa [Melissa.Marinovich@hdrinc.com]<br />

Sent: Monday, May 18, 2009 6:09<br />

To: Schainost, Steve<br />

Cc: Sigler, Bill<br />

Subject: RE: Johnson Fish reports?<br />

Dear Mr. Schainost<br />

Thank you for the quick reply! Later this week would be great. Also, we've been looking a lot<br />

at fish passage possibilities for the diversion structure (I think you talked to Bill Sigler<br />

about this a while ago) and I just wanted to clarify - I was told that there were three<br />

different fish passage designs at Sargent, Milburn, and Belmont (?). Is this correct? And if<br />

so, do you have any design plans for these structures with regards to the different types of<br />

fish passage used at each one? I was under the impression that the Sargent structure is a<br />

"rock ramp", the Milburn structure is a side channel, and the Belmont structure is a fish<br />

ladder. I really appreciate your help in this and look forward to hearing from you again<br />

later in the week. Thanks again!<br />

Melissa<br />

-----Original Message-----<br />

From: Schainost, Steve [mailto:steve.schainost@nebraska.gov]<br />

Sent: Sunday, May 17, 2009 9:10 PM<br />

To: Marinovich, Melissa<br />

Subject: RE: Johnson Fish reports?<br />

Dear Ms. Marinovich:<br />

I'm out of town right now but can send you the <strong>Loup</strong> fish collection info later this week. I<br />

don't have anything for the <strong>Power</strong> Canal.<br />

Steve Schainost<br />

1


Note: new email address - steve.schainost@nebraska.gov<br />

________________________________________<br />

From: Marinovich, Melissa [Melissa.Marinovich@hdrinc.com]<br />

Sent: Thursday, May 14, 2009 12:40<br />

To: Schainost, Steve<br />

Subject: Johnson Fish reports?<br />

Hi Steve,<br />

I am working on the <strong>Loup</strong> Hydroelectric FERC Relicensing Project. I was recently in a meeting<br />

with Rich Holland discussing fish sampling in the <strong>Loup</strong> River and <strong>Loup</strong> <strong>Power</strong> Canal. He<br />

mentioned a few different fish survey resources that we had not yet come across and said that<br />

you would likely have these resources. He mentioned a Johnson survey(s) from the 1940's and<br />

some statewide surveys from 2005. He told me to contact you about those resources and gave me<br />

your contact information. If you have copies of these reports or any fish survey/sampling<br />

information on the <strong>Loup</strong> River or <strong>Loup</strong> <strong>Power</strong> Canal, could you possibly send me a copy of these<br />

reports/survey information? I will also attempt to contact you by phone. Thanks for your help<br />

and if you have any questions, please email or call. Thanks!<br />

Melissa Marinovich<br />

Environmental Scientist<br />

HDR ONE COMPANY | Many Solutions<br />

8404 Indian Hills Drive | Omaha, NE | 68114-4098<br />

Phone: 402.399.1317 | Fax: 402.399.1111<br />

Email: melissa.marinovich@hdrinc.com<br />

2


Selzle, Lydia<br />

From: Pillard, Matt<br />

Sent: Tuesday, May 19, 2009 4:41 PM<br />

To: abaum@upperloupnrd.org; adubas@leg.ne.gov; al.berndt@nebraska.gov;<br />

astuthman@leg.ne.gov; barbara.j.friskopp@usace.army.mil; bczoning@frontiernet.net;<br />

bob.puschendorf@nebraska.gov; bobbie.wickham@nebraska.gov; butchk@nctc.net;<br />

calms@neb.rr.com; cgenoa@cablene.com; cityadmin@cablene.com;<br />

clangemeier@leg.ne.gov; CoraJones@bia.gov; cothern.joe@epa.gov; danno@nohva.com;<br />

david.jundt@dhhs.ne.gov; david.turner@ferc.gov; djjarecke@clarkswb.net;<br />

don_simpson@blm.gov; frank.albrecht@nebraska.gov; jalexand@usgs.gov;<br />

jangell@nebraska.gov; jblackhawk@aol.com; jeddins@achp.gov; jeff_runge@fws.gov;<br />

jill.dolberg@nebraska.gov; jjshadl@nppd.com; jmangi@columbusne.us; jmiyoshi@lpnnrd.org;<br />

jmsunne@nppd.com; john.bender@nebraska.gov; julias@poncatribe+ne.org;<br />

justin.lavene@nebraska.gov; jwinkler@papionrd.org; kenneth.sessa@dhs.gov;<br />

kennyj@headwaterscorp.com; Kim.Nguyen@ferc.gov; ksullivan@leg.ne.gov;<br />

lpsnrd@lpsnrd.org; mark.ivy@ferc.gov; mbrown9@unl.edu; mferguson@gp.usbr.gov;<br />

mkuzila1@unl.edu; mohler@nctc.net; monroe@megavision.com; msittler@lpsnrd.org;<br />

nicholas.jayjack@ferc.gov; pcclerk@megavision.com; peggy.harding@ferc.gov;<br />

prescott.brownell@noaa.gov; randy_thoreson@nps.gov; rbishop@cpnrd.org;<br />

Robert_F_Stewart@ios.doi.gov; robert_harms@fws.gov; rtrudell@santeedakota.org;<br />

steve.chick@ne.usda.gov; Willie_Taylor@ios.doi.gov; zach_nelson@bennelson.senate.gov<br />

Cc: Angel Robak; Neil Suess; Ron Ziola; Teresa Petr; Damgaard, Quinn V.; Engelbert, Pat;<br />

Frame, Gail; Grennan, Dennis E.; King, Wendy; Pillard, Matt; Richardson, Lisa (Omaha);<br />

Sigler, Bill; Waldow, George; White, Stephanie<br />

Subject: <strong>Loup</strong> <strong>Power</strong> <strong>District</strong> + Study Plan Meeting Reminder<br />

STUDY PLAN MEETING REMINDER<br />

Date and Time Topic Location*<br />

Wednesday, May 27<br />

Thursday, May 28<br />

8:30 AM – 5:00 PM both days<br />

Continued Discussion on Goals and<br />

Objectives (as needed) and New<br />

Discussion on Methodologies (Studies<br />

1-12)<br />

1<br />

Holiday Inn Express<br />

524 E 23rd St<br />

Columbus, NE<br />

*Instructions to help navigate summer road construction can be found at the end of this e-mail.<br />

Please RSVP to Angell Robak by noon on May 22nd<br />

arobak@loup.com<br />

(402) 564-3171, ext. 275.<br />

Supporting materials can be found on line:<br />

http://www.loup.com/relicense/html/agencymeetingsresources.html<br />

• 4/21 Study Plan Meeting Outcomes Memo<br />

• Agenda for next week’s meeting<br />

• Transcript of the 5/11/09 Recreation, Land Use, and Aesthetics Study Plan Meeting (posted by Friday,<br />

May 22nd)<br />

• Handouts for next week’s meeting (posted by Friday, May 22nd)<br />

This meeting will be available by conference call for those of you unable to travel: 866-994-6437 Passcode:<br />

4023994909<br />

Please let Angell or myself know if you would be interested in gathering at the <strong>Power</strong>house Park after the<br />

meeting on Wednesday, May 27 for a picnic dinner and socializing.<br />

We appreciate your time and input on this relicensing effort.


SHPO Project reference: HP#0804-127-01<br />

Thanks again,<br />

Matt Pillard, AICP<br />

Senior Environmental Planner<br />

HDR | ONE COMPANY | Many Solutions Sol<br />

8404 Indian Hills Drive | Omaha, NE | 68114+4098<br />

Phone: 402.399.1186 | Cell: 402.689.5187| Fax: 402.399.1111<br />

Email: Matt.Pillard@hdrinc.com<br />

Directions to Holiday Inn Express with 30/81 Viaduct out of service:<br />

For those coming from the west on Highway 30 or coming from the south on Highway 81, when you get to 8 th<br />

Street (south end of closed viaduct) turn right or east onto 8 th Street and go 2 miles east until you get to 3 rd<br />

Avenue. Turn left or north, go one mile north to 23 rd Street or Highway 30. At Highway 30 or 23 rd Street turn right<br />

or east go about 3 blocks, turn left or north at Applebee’s and you will be able to access Holiday Inn Express from<br />

their north entrance.<br />

In addition to rail traffic, there is a heavy amount of local traffic taking students to school and employees going to<br />

the east industrial area for work.<br />

2


Selzle, Lydia<br />

From: Pillard, Matt<br />

Sent: Tuesday, May 19, 2009 4:41 PM<br />

To: abaum@upperloupnrd.org; adubas@leg.ne.gov; al.berndt@nebraska.gov;<br />

astuthman@leg.ne.gov; barbara.j.friskopp@usace.army.mil; bczoning@frontiernet.net;<br />

bob.puschendorf@nebraska.gov; bobbie.wickham@nebraska.gov; butchk@nctc.net;<br />

calms@neb.rr.com; cgenoa@cablene.com; cityadmin@cablene.com;<br />

clangemeier@leg.ne.gov; CoraJones@bia.gov; cothern.joe@epa.gov; danno@nohva.com;<br />

david.jundt@dhhs.ne.gov; david.turner@ferc.gov; djjarecke@clarkswb.net;<br />

don_simpson@blm.gov; frank.albrecht@nebraska.gov; jalexand@usgs.gov;<br />

jangell@nebraska.gov; jblackhawk@aol.com; jeddins@achp.gov; jeff_runge@fws.gov;<br />

jill.dolberg@nebraska.gov; jjshadl@nppd.com; jmangi@columbusne.us; jmiyoshi@lpnnrd.org;<br />

jmsunne@nppd.com; john.bender@nebraska.gov; julias@poncatribe+ne.org;<br />

justin.lavene@nebraska.gov; jwinkler@papionrd.org; kenneth.sessa@dhs.gov;<br />

kennyj@headwaterscorp.com; Kim.Nguyen@ferc.gov; ksullivan@leg.ne.gov;<br />

lpsnrd@lpsnrd.org; mark.ivy@ferc.gov; mbrown9@unl.edu; mferguson@gp.usbr.gov;<br />

mkuzila1@unl.edu; mohler@nctc.net; monroe@megavision.com; msittler@lpsnrd.org;<br />

nicholas.jayjack@ferc.gov; pcclerk@megavision.com; peggy.harding@ferc.gov;<br />

prescott.brownell@noaa.gov; randy_thoreson@nps.gov; rbishop@cpnrd.org;<br />

Robert_F_Stewart@ios.doi.gov; robert_harms@fws.gov; rtrudell@santeedakota.org;<br />

steve.chick@ne.usda.gov; Willie_Taylor@ios.doi.gov; zach_nelson@bennelson.senate.gov<br />

Cc: Angel Robak; Neil Suess; Ron Ziola; Teresa Petr; Damgaard, Quinn V.; Engelbert, Pat;<br />

Frame, Gail; Grennan, Dennis E.; King, Wendy; Pillard, Matt; Richardson, Lisa (Omaha);<br />

Sigler, Bill; Waldow, George; White, Stephanie<br />

Subject: <strong>Loup</strong> <strong>Power</strong> <strong>District</strong> + Study Plan Meeting Reminder<br />

STUDY PLAN MEETING REMINDER<br />

Date and Time Topic Location*<br />

Wednesday, May 27<br />

Thursday, May 28<br />

8:30 AM – 5:00 PM both days<br />

Continued Discussion on Goals and<br />

Objectives (as needed) and New<br />

Discussion on Methodologies (Studies<br />

1-12)<br />

1<br />

Holiday Inn Express<br />

524 E 23rd St<br />

Columbus, NE<br />

*Instructions to help navigate summer road construction can be found at the end of this e-mail.<br />

Please RSVP to Angell Robak by noon on May 22nd<br />

arobak@loup.com<br />

(402) 564-3171, ext. 275.<br />

Supporting materials can be found on line:<br />

http://www.loup.com/relicense/html/agencymeetingsresources.html<br />

• 4/21 Study Plan Meeting Outcomes Memo<br />

• Agenda for next week’s meeting<br />

• Transcript of the 5/11/09 Recreation, Land Use, and Aesthetics Study Plan Meeting (posted by Friday,<br />

May 22nd)<br />

• Handouts for next week’s meeting (posted by Friday, May 22nd)<br />

This meeting will be available by conference call for those of you unable to travel: 866-994-6437 Passcode:<br />

4023994909<br />

Please let Angell or myself know if you would be interested in gathering at the <strong>Power</strong>house Park after the<br />

meeting on Wednesday, May 27 for a picnic dinner and socializing.<br />

We appreciate your time and input on this relicensing effort.


SHPO Project reference: HP#0804-127-01<br />

Thanks again,<br />

Matt Pillard, AICP<br />

Senior Environmental Planner<br />

HDR | ONE COMPANY | Many Solutions Sol<br />

8404 Indian Hills Drive | Omaha, NE | 68114+4098<br />

Phone: 402.399.1186 | Cell: 402.689.5187| Fax: 402.399.1111<br />

Email: Matt.Pillard@hdrinc.com<br />

Directions to Holiday Inn Express with 30/81 Viaduct out of service:<br />

For those coming from the west on Highway 30 or coming from the south on Highway 81, when you get to 8 th<br />

Street (south end of closed viaduct) turn right or east onto 8 th Street and go 2 miles east until you get to 3 rd<br />

Avenue. Turn left or north, go one mile north to 23 rd Street or Highway 30. At Highway 30 or 23 rd Street turn right<br />

or east go about 3 blocks, turn left or north at Applebee’s and you will be able to access Holiday Inn Express from<br />

their north entrance.<br />

In addition to rail traffic, there is a heavy amount of local traffic taking students to school and employees going to<br />

the east industrial area for work.<br />

2


Selzle, Lydia<br />

From: Pillard, Matt<br />

Sent: Wednesday, May 20, 2009 12:24 PM<br />

To: todd.crawford@mail.house.gov; louis.pofahl@mail.house.gov;<br />

emily_brummund@johanns.senate.gov<br />

Cc: Richardson, Lisa (Omaha); Frame, Gail; King, Wendy<br />

Subject: FW: <strong>Loup</strong> <strong>Power</strong> <strong>District</strong> / Study Plan Meeting Reminder<br />

Good afternoon.<br />

The email below was sent to a variety of Federal, state, local entities, and citizens regarding an upcoming meeting that<br />

is integral in the <strong>Loup</strong> <strong>Power</strong> <strong>District</strong>’s FERC relicensing process. We thought you would want to be aware of this meeting<br />

and the coordination that has occurred and will be occurring by the <strong>Loup</strong> <strong>Power</strong> <strong>District</strong> for this effort. If you have any<br />

questions or comments, please do not hesitate to contact me.<br />

Thank you.<br />

Matt Pillard, AICP<br />

Senior Environmental Planner<br />

HDR | ONE COMPANY | Many Solutions Sol<br />

8404 Indian Hills Drive | Omaha, NE | 68114/4098<br />

Phone: 402.399.1186 | Cell: 402.689.5187| Fax: 402.399.1111<br />

Email: Matt.Pillard@hdrinc.com<br />

From: Pillard, Matt<br />

Sent: Tuesday, May 19, 2009 4:41 PM<br />

To: 'abaum@upperloupnrd.org'; 'adubas@leg.ne.gov'; 'al.berndt@nebraska.gov'; 'astuthman@leg.ne.gov';<br />

'barbara.j.friskopp@usace.army.mil'; 'bczoning@frontiernet.net'; 'bob.puschendorf@nebraska.gov';<br />

'bobbie.wickham@nebraska.gov'; 'butchk@nctc.net'; 'calms@neb.rr.com'; 'cgenoa@cablene.com';<br />

'cityadmin@cablene.com'; 'clangemeier@leg.ne.gov'; 'CoraJones@bia.gov'; 'cothern.joe@epa.gov'; 'danno@nohva.com';<br />

'david.jundt@dhhs.ne.gov'; 'david.turner@ferc.gov'; 'djjarecke@clarkswb.net'; 'don_simpson@blm.gov';<br />

'frank.albrecht@nebraska.gov'; 'jalexand@usgs.gov'; 'jangell@nebraska.gov'; 'jblackhawk@aol.com'; 'jeddins@achp.gov';<br />

'jeff_runge@fws.gov'; 'jill.dolberg@nebraska.gov'; 'jjshadl@nppd.com'; 'jmangi@columbusne.us'; 'jmiyoshi@lpnnrd.org';<br />

'jmsunne@nppd.com'; 'john.bender@nebraska.gov'; 'julias@poncatribe,ne.org'; 'justin.lavene@nebraska.gov';<br />

'jwinkler@papionrd.org'; 'kenneth.sessa@dhs.gov'; 'kennyj@headwaterscorp.com'; 'Kim.Nguyen@ferc.gov';<br />

'ksullivan@leg.ne.gov'; 'lpsnrd@lpsnrd.org'; 'mark.ivy@ferc.gov'; 'mbrown9@unl.edu'; 'mferguson@gp.usbr.gov';<br />

'mkuzila1@unl.edu'; 'mohler@nctc.net'; 'monroe@megavision.com'; 'msittler@lpsnrd.org'; 'nicholas.jayjack@ferc.gov';<br />

'pcclerk@megavision.com'; 'peggy.harding@ferc.gov'; 'prescott.brownell@noaa.gov'; 'randy_thoreson@nps.gov';<br />

'rbishop@cpnrd.org'; 'Robert_F_Stewart@ios.doi.gov'; 'robert_harms@fws.gov'; 'rtrudell@santeedakota.org';<br />

'steve.chick@ne.usda.gov'; 'Willie_Taylor@ios.doi.gov'; 'zach_nelson@bennelson.senate.gov'<br />

Cc: 'Angel Robak'; 'Neil Suess'; 'Ron Ziola'; 'Teresa Petr'; Damgaard, Quinn V.; Engelbert, Pat; Frame, Gail; Grennan,<br />

Dennis E.; King, Wendy; Pillard, Matt; Richardson, Lisa (Omaha); Sigler, Bill; Waldow, George; White, Stephanie<br />

Subject: <strong>Loup</strong> <strong>Power</strong> <strong>District</strong> , Study Plan Meeting Reminder<br />

STUDY PLAN MEETING REMINDER<br />

Date and Time Topic Location*<br />

1


Wednesday, May 27<br />

Thursday, May 28<br />

8:30 AM – 5:00 PM both days<br />

Continued Discussion on Goals and<br />

Objectives (as needed) and New<br />

Discussion on Methodologies (Studies<br />

1-12)<br />

2<br />

Holiday Inn Express<br />

524 E 23rd St<br />

Columbus, NE<br />

*Instructions to help navigate summer road construction can be found at the end of this e-mail.<br />

Please RSVP to Angell Robak by noon on May 22nd<br />

arobak@loup.com<br />

(402) 564-3171, ext. 275.<br />

Supporting materials can be found on line:<br />

http://www.loup.com/relicense/html/agencymeetingsresources.html<br />

• 4/21 Study Plan Meeting Outcomes Memo<br />

• Agenda for next week’s meeting<br />

• Transcript of the 5/11/09 Recreation, Land Use, and Aesthetics Study Plan Meeting (posted by Friday,<br />

May 22nd)<br />

• Handouts for next week’s meeting (posted by Friday, May 22nd)<br />

This meeting will be available by conference call for those of you unable to travel: 866-994-6437 Passcode:<br />

4023994909<br />

Please let Angell or myself know if you would be interested in gathering at the <strong>Power</strong>house Park after the<br />

meeting on Wednesday, May 27 for a picnic dinner and socializing.<br />

We appreciate your time and input on this relicensing effort.<br />

SHPO Project reference: HP#0804-127-01<br />

Thanks again,<br />

Matt Pillard, AICP<br />

Senior Environmental Planner<br />

HDR | ONE COMPANY | Many Solutions Sol<br />

8404 Indian Hills Drive | Omaha, NE | 68114/4098<br />

Phone: 402.399.1186 | Cell: 402.689.5187| Fax: 402.399.1111<br />

Email: Matt.Pillard@hdrinc.com<br />

Directions to Holiday Inn Express with 30/81 Viaduct out of service:<br />

For those coming from the west on Highway 30 or coming from the south on Highway 81, when you get to 8 th<br />

Street (south end of closed viaduct) turn right or east onto 8 th Street and go 2 miles east until you get to 3 rd<br />

Avenue. Turn left or north, go one mile north to 23 rd Street or Highway 30. At Highway 30 or 23 rd Street turn right<br />

or east go about 3 blocks, turn left or north at Applebee’s and you will be able to access Holiday Inn Express from<br />

their north entrance.<br />

In addition to rail traffic, there is a heavy amount of local traffic taking students to school and employees going to<br />

the east industrial area for work.


Selzle, Lydia<br />

From: Pillard, Matt<br />

Sent: Wednesday, May 20, 2009 4:22 PM<br />

To: ncpza@hamilton.net<br />

Cc: King, Wendy; Frame, Gail<br />

Subject: FW: <strong>Loup</strong> <strong>Power</strong> <strong>District</strong> & Study Plan Meeting Reminder<br />

Mary,<br />

Please see message below relative to the <strong>Loup</strong> <strong>Power</strong> <strong>District</strong> FERC relicensing process. We updated our database to<br />

include Hamilton County Planning and Zoning. Let me know if you have any questions.<br />

Thanks.<br />

Matt Pillard, AICP<br />

Senior Environmental Planner<br />

HDR | ONE COMPANY | Many Solutions Sol<br />

8404 Indian Hills Drive | Omaha, NE | 68114&4098<br />

Phone: 402.399.1186 | Cell: 402.689.5187| Fax: 402.399.1111<br />

Email: Matt.Pillard@hdrinc.com<br />

From: Pillard, Matt<br />

Sent: Tuesday, May 19, 2009 4:41 PM<br />

To: 'abaum@upperloupnrd.org'; 'adubas@leg.ne.gov'; 'al.berndt@nebraska.gov'; 'astuthman@leg.ne.gov';<br />

'barbara.j.friskopp@usace.army.mil'; 'bczoning@frontiernet.net'; 'bob.puschendorf@nebraska.gov';<br />

'bobbie.wickham@nebraska.gov'; 'butchk@nctc.net'; 'calms@neb.rr.com'; 'cgenoa@cablene.com';<br />

'cityadmin@cablene.com'; 'clangemeier@leg.ne.gov'; 'CoraJones@bia.gov'; 'cothern.joe@epa.gov'; 'danno@nohva.com';<br />

'david.jundt@dhhs.ne.gov'; 'david.turner@ferc.gov'; 'djjarecke@clarkswb.net'; 'don_simpson@blm.gov';<br />

'frank.albrecht@nebraska.gov'; 'jalexand@usgs.gov'; 'jangell@nebraska.gov'; 'jblackhawk@aol.com'; 'jeddins@achp.gov';<br />

'jeff_runge@fws.gov'; 'jill.dolberg@nebraska.gov'; 'jjshadl@nppd.com'; 'jmangi@columbusne.us'; 'jmiyoshi@lpnnrd.org';<br />

'jmsunne@nppd.com'; 'john.bender@nebraska.gov'; 'julias@poncatribe,ne.org'; 'justin.lavene@nebraska.gov';<br />

'jwinkler@papionrd.org'; 'kenneth.sessa@dhs.gov'; 'kennyj@headwaterscorp.com'; 'Kim.Nguyen@ferc.gov';<br />

'ksullivan@leg.ne.gov'; 'lpsnrd@lpsnrd.org'; 'mark.ivy@ferc.gov'; 'mbrown9@unl.edu'; 'mferguson@gp.usbr.gov';<br />

'mkuzila1@unl.edu'; 'mohler@nctc.net'; 'monroe@megavision.com'; 'msittler@lpsnrd.org'; 'nicholas.jayjack@ferc.gov';<br />

'pcclerk@megavision.com'; 'peggy.harding@ferc.gov'; 'prescott.brownell@noaa.gov'; 'randy_thoreson@nps.gov';<br />

'rbishop@cpnrd.org'; 'Robert_F_Stewart@ios.doi.gov'; 'robert_harms@fws.gov'; 'rtrudell@santeedakota.org';<br />

'steve.chick@ne.usda.gov'; 'Willie_Taylor@ios.doi.gov'; 'zach_nelson@bennelson.senate.gov'<br />

Cc: 'Angel Robak'; 'Neil Suess'; 'Ron Ziola'; 'Teresa Petr'; Damgaard, Quinn V.; Engelbert, Pat; Frame, Gail; Grennan,<br />

Dennis E.; King, Wendy; Pillard, Matt; Richardson, Lisa (Omaha); Sigler, Bill; Waldow, George; White, Stephanie<br />

Subject: <strong>Loup</strong> <strong>Power</strong> <strong>District</strong> , Study Plan Meeting Reminder<br />

STUDY PLAN MEETING REMINDER<br />

Date and Time Topic Location*<br />

Wednesday, May 27<br />

Thursday, May 28<br />

8:30 AM – 5:00 PM both days<br />

Continued Discussion on Goals and<br />

Objectives (as needed) and New<br />

Discussion on Methodologies (Studies<br />

1<br />

Holiday Inn Express<br />

524 E 23rd St<br />

Columbus, NE


1-12)<br />

*Instructions to help navigate summer road construction can be found at the end of this e-mail.<br />

Please RSVP to Angell Robak by noon on May 22nd<br />

arobak@loup.com<br />

(402) 564-3171, ext. 275.<br />

Supporting materials can be found on line:<br />

http://www.loup.com/relicense/html/agencymeetingsresources.html<br />

• 4/21 Study Plan Meeting Outcomes Memo<br />

• Agenda for next week’s meeting<br />

• Transcript of the 5/11/09 Recreation, Land Use, and Aesthetics Study Plan Meeting (posted by Friday,<br />

May 22nd)<br />

• Handouts for next week’s meeting (posted by Friday, May 22nd)<br />

This meeting will be available by conference call for those of you unable to travel: 866-994-6437 Passcode:<br />

4023994909<br />

Please let Angell or myself know if you would be interested in gathering at the <strong>Power</strong>house Park after the<br />

meeting on Wednesday, May 27 for a picnic dinner and socializing.<br />

We appreciate your time and input on this relicensing effort.<br />

SHPO Project reference: HP#0804-127-01<br />

Thanks again,<br />

Matt Pillard, AICP<br />

Senior Environmental Planner<br />

HDR | ONE COMPANY | Many Solutions Sol<br />

8404 Indian Hills Drive | Omaha, NE | 68114&4098<br />

Phone: 402.399.1186 | Cell: 402.689.5187| Fax: 402.399.1111<br />

Email: Matt.Pillard@hdrinc.com<br />

Directions to Holiday Inn Express with 30/81 Viaduct out of service:<br />

For those coming from the west on Highway 30 or coming from the south on Highway 81, when you get to 8 th<br />

Street (south end of closed viaduct) turn right or east onto 8 th Street and go 2 miles east until you get to 3 rd<br />

Avenue. Turn left or north, go one mile north to 23 rd Street or Highway 30. At Highway 30 or 23 rd Street turn right<br />

or east go about 3 blocks, turn left or north at Applebee’s and you will be able to access Holiday Inn Express from<br />

their north entrance.<br />

In addition to rail traffic, there is a heavy amount of local traffic taking students to school and employees going to<br />

the east industrial area for work.<br />

2


Selzle, Lydia<br />

From: Schainost, Steve [steve.schainost@nebraska.gov]<br />

Sent: Thursday, May 21, 2009 9:55 AM<br />

To: Marinovich, Melissa<br />

Subject: RE: Johnson Fish reports?<br />

Attachments: <strong>Loup</strong> River fishes.xls<br />

Dear Ms. Marinovich:<br />

I have attached an excel spreadsheet with the data that I have for fish collections from the<br />

<strong>Loup</strong> River, proper, and the <strong>Loup</strong> <strong>Power</strong> Canal. I didn't realize that I had data from the<br />

Canal but we did collect there in the early 70's.<br />

I did not include any tributary data or anything from above the forks. If you need/want this<br />

data, let me know.<br />

Steve Schainost<br />

Note: new email address - steve.schainost@nebraska.gov<br />

________________________________________<br />

From: Marinovich, Melissa [Melissa.Marinovich@hdrinc.com]<br />

Sent: Monday, May 18, 2009 6:09<br />

To: Schainost, Steve<br />

Cc: Sigler, Bill<br />

Subject: RE: Johnson Fish reports?<br />

Dear Mr. Schainost<br />

Thank you for the quick reply! Later this week would be great. Also, we've been looking a lot<br />

at fish passage possibilities for the diversion structure (I think you talked to Bill Sigler<br />

about this a while ago) and I just wanted to clarify - I was told that there were three<br />

different fish passage designs at Sargent, Milburn, and Belmont (?). Is this correct? And if<br />

so, do you have any design plans for these structures with regards to the different types of<br />

fish passage used at each one? I was under the impression that the Sargent structure is a<br />

"rock ramp", the Milburn structure is a side channel, and the Belmont structure is a fish<br />

ladder. I really appreciate your help in this and look forward to hearing from you again<br />

later in the week. Thanks again!<br />

Melissa<br />

-----Original Message-----<br />

From: Schainost, Steve [mailto:steve.schainost@nebraska.gov]<br />

Sent: Sunday, May 17, 2009 9:10 PM<br />

To: Marinovich, Melissa<br />

Subject: RE: Johnson Fish reports?<br />

Dear Ms. Marinovich:<br />

I'm out of town right now but can send you the <strong>Loup</strong> fish collection info later this week. I<br />

don't have anything for the <strong>Power</strong> Canal.<br />

Steve Schainost<br />

1


Note: new email address - steve.schainost@nebraska.gov<br />

________________________________________<br />

From: Marinovich, Melissa [Melissa.Marinovich@hdrinc.com]<br />

Sent: Thursday, May 14, 2009 12:40<br />

To: Schainost, Steve<br />

Subject: Johnson Fish reports?<br />

Hi Steve,<br />

I am working on the <strong>Loup</strong> Hydroelectric FERC Relicensing Project. I was recently in a meeting<br />

with Rich Holland discussing fish sampling in the <strong>Loup</strong> River and <strong>Loup</strong> <strong>Power</strong> Canal. He<br />

mentioned a few different fish survey resources that we had not yet come across and said that<br />

you would likely have these resources. He mentioned a Johnson survey(s) from the 1940's and<br />

some statewide surveys from 2005. He told me to contact you about those resources and gave me<br />

your contact information. If you have copies of these reports or any fish survey/sampling<br />

information on the <strong>Loup</strong> River or <strong>Loup</strong> <strong>Power</strong> Canal, could you possibly send me a copy of these<br />

reports/survey information? I will also attempt to contact you by phone. Thanks for your help<br />

and if you have any questions, please email or call. Thanks!<br />

Melissa Marinovich<br />

Environmental Scientist<br />

HDR ONE COMPANY | Many Solutions<br />

8404 Indian Hills Drive | Omaha, NE | 68114-4098<br />

Phone: 402.399.1317 | Fax: 402.399.1111<br />

Email: melissa.marinovich@hdrinc.com<br />

2


Project: <strong>Loup</strong> River Hydroelectric Project<br />

FERC Project No. 1256<br />

Subject: Study Plan Goals, Objectives, and Activities<br />

Meeting<br />

Date:<br />

Revisions<br />

Noted by: HDR<br />

<strong>Loup</strong> <strong>Power</strong> <strong>District</strong><br />

Columbus, NE<br />

May 27-28, 2009, 8:30 am – 5:00 pm<br />

P.O. Box 988<br />

2404 15 th Street<br />

Columbus, NE 68602-0988<br />

Study Plan Meeting<br />

Outcomes<br />

Meeting Location: Holiday Inn Express, Columbus, NE<br />

The Study Plan Meeting held on May 27-28, 2009, included the following discussions:<br />

• Review of progress related to Studies 8-11 (for which the study activities were discussed in preceding<br />

meetings);<br />

• Review of the previously agreed upon (during the April 21, 2009, Study Plan Meeting) study goals<br />

and objectives for Studies 1-5 and 7;<br />

• Detailed discussion of the activities for Studies 1, 2, 4, 5, 6, and 7;<br />

• Introduction and comprehensive discussion of Studies 12 and 13.<br />

During meeting discussions, the agencies and organizations in attendance discussed whether the goals,<br />

objectives, and activities, as stated in the Proposed Study Plan (PSP), along with applicable updates presented<br />

by the <strong>District</strong>, met the needs for data collection related to each study resource, including information needed<br />

for evaluation of impacts on species (both aquatic species and threatened and endangered species). Through<br />

discussion and revision, consensus was reached on the majority of the goals, objectives, and activities for the<br />

Studies listed below. Based on these discussions and revisions, the goals, objectives, and activities, as<br />

proposed by the <strong>District</strong>, are stated below and will be incorporated into the <strong>District</strong>’s Revised Study Plan.<br />

Details of the discussion can be found in the Study Plan Meeting transcript, which is posted to the Project<br />

website at: http://www.loup.com/relicense/html/agencymeetingsresources.html.<br />

Study Plan 1: Sedimentation<br />

Goal(s):<br />

The goal of the sedimentation study is to determine the effect, if any, that Project operations have on stream<br />

morphology and sediment transport in the <strong>Loup</strong> River bypass reach and in the lower Platte River. In addition,<br />

the goal is to compare the availability of sandbar nesting habitat for interior least terns (Sterna antillarum)<br />

and piping plovers (Charadrius melodus) to their respective populations and to compare the general habitat<br />

characteristics of the pallid sturgeon (Scaphirhynchus albus) in multiple locations (unchanged from PSP).<br />

Objectives and Associated Activities:<br />

Objective 1: To characterize sediment transport in the <strong>Loup</strong> River bypass reach and in the lower Platte River<br />

through effective discharge calculations (PSP Objective 2).<br />

Activities:<br />

• Update sediment budget utilizing existing data sources (PSP Objective 1).<br />

• Generate collective sediment discharge curves at gage stations (unchanged activity from PSP).<br />

Phone (866) 869-2087<br />

Fax (402) 564-0970<br />

www.loup.com<br />

Page 1 of 8


<strong>Loup</strong> River Hydroelectric Project<br />

FERC Project No. 1256<br />

Study Plan Revisions<br />

Study Plan Meeting – May 27-28, 2009<br />

• Determine Sediment Transport Indicators: Effective Discharge and Total Sediment Transport<br />

[including sub-daily calculations and evaluation of wet and dry cycles (dependent on available data)]<br />

(revised activity 5/27-28).<br />

Objective 2: To characterize stream morphology in the <strong>Loup</strong> River bypass reach and in the lower Platte River<br />

by reviewing existing literature on channel aggradation/degradation and cross sectional changes over time<br />

(PSP Objective 3).<br />

Activities:<br />

• Utilize existing literature to characterize stream morphology (unchanged activity from PSP).<br />

• Compare effective discharges, cross sectional changes, and associated stream characteristics<br />

(unchanged activity from PSP).<br />

Objective 3: To determine if a relationship can be detected between sediment transport parameters and<br />

interior least tern and piping plover nest counts (as provided by NGPC) and productivity measures (as<br />

provided by TPCP) (5/27-28 revision to PSP Objective 4).<br />

Activities:<br />

• Plot and evaluate nest count and productivity data (number of fledglings per adult pair) against<br />

sediment transport indicators [including evaluation of wet and dry cycles (dependent on available<br />

data)] (5/27-28 revised activity).<br />

• Perform a regression analysis on plotted data (unchanged activity from PSP).<br />

• Examine trends (unchanged from PSP).<br />

Objective 4: To evaluate whether sandbar availability is limiting interior least tern and piping plover numbers<br />

on the lower Platte River (4/21 revision to PSP Objective 5).<br />

During the May 27, 2009, Study Plan Meeting, it was determined that this objective, and all associated<br />

activities, is not required for Project relicensing and will not be included in the <strong>District</strong>’s Revised Study<br />

Plan.<br />

Objective 5: To determine if sediment transport is a limiting factor for pallid sturgeon habitat in the lower<br />

Platte River below the Elkhorn River (PSP Objective 6).<br />

Activities:<br />

• Determine if the Project is affecting sediment transport (unchanged activity from PSP).<br />

• If the Project is affecting sediment transport: Determine extent using effective discharge calculations<br />

and aggradation/degradation analysis (unchanged activity from PSP).<br />

• If the Project is affecting sediment transport: Compare to habitat characteristics of other rivers used<br />

by the pallid sturgeon, channel catfish, and flathead catfish to determine if changes in sediment<br />

transport would affect species use of the lower Platte River (5/27-28 revised activity).<br />

Objective 6: To investigate the relationship between sedimentation and ice jam flooding (PSP Objective 7).<br />

During the May 27, 2009, Study Plan Meeting, it was determined that this objective, and all associated<br />

activities, is not required as part of Study 1, as these items will be addressed under Study 12, Ice Jam<br />

Flooding on the <strong>Loup</strong> River, Objective 2.<br />

<strong>Loup</strong> <strong>Power</strong> <strong>District</strong><br />

Columbus, NE<br />

P.O. Box 988<br />

2404 15 th Street<br />

Columbus, NE 68602-0988<br />

Phone (866) 869-2087<br />

Fax (402) 564-0970<br />

www.loup.com<br />

Page 2 of 8


<strong>Loup</strong> River Hydroelectric Project<br />

FERC Project No. 1256<br />

Study Plan Revisions<br />

Study Plan Meeting – May 27-28, 2009<br />

<strong>Loup</strong> <strong>Power</strong> <strong>District</strong><br />

Columbus, NE<br />

Study Plan 2: Hydrocycling<br />

Goal(s):<br />

The goal of the hydrocycling study is to determine if Project hydrocycling operations benefit or adversely<br />

affect the habitat used by interior least terns, piping plovers, and pallid sturgeon in the lower Platte River.<br />

The physical effects of hydrocycling will be quantified and compared to alternative conditions (unchanged<br />

from PSP).<br />

Objectives and Associated Activities:<br />

Objective 1: To compare the sub-daily Project hydrocycling operation values (maximum and minimum flow<br />

and stage) to daily values (mean flow and stage). In addition to same-day comparisons, periods of weeks,<br />

months, and specific seasons of interest to protected species will be evaluated to characterize the relative<br />

degrees of variance between hydrocycling (actual) and alternative conditions in the study area (PSP Objective<br />

2).<br />

Activities:<br />

• Conduct a gage analysis using existing USGS and NDNR flow and stage data to accurately determine<br />

the timing, frequency, rate of change, travel time, and magnitude of sub-daily flow and stage changes<br />

attributable to Project hydrocycling at established gage locations in the Tailrace Canal and the lower<br />

Platte River (PSP Objective 1).<br />

• Develop and plot hydrographs for the Project and alternative conditions (unchanged activity from<br />

PSP).<br />

Objective 2: To determine the potential for nest inundation due to both hydrocycling and alternative<br />

conditions (4/21 revision to PSP Objective 3).<br />

Activities:<br />

• Determine highest flow event (primary benchmark event) occurring each spring between interior least<br />

tern and piping plover arrival and the initiation of egg laying for both species (revised activity).<br />

• Identify subsequent flow events that are equal to or greater than the primary benchmark event and<br />

occur after initiation of egg laying and before the re-nesting period for both species (secondary<br />

benchmark events) (revised activity).<br />

• Identify subsequent flow events that are equal to or greater than the largest secondary benchmark<br />

event and occur after initiation of egg laying in the re-nesting period for both species (tertiary<br />

benchmark events) (revised activity).<br />

• Identify subsequent flow events that are equal to or greater than the largest tertiary benchmark event<br />

that occur during the second re-nesting period for both species (quaternary benchmark events)<br />

(revised activity).<br />

• Evaluate frequency of occurrence of flow events that equal or exceed the primary, secondary, and<br />

tertiary benchmark flow events for each nesting and re-nesting season for both species (revised<br />

activity).<br />

• Evaluate Project operations relative to benchmark flows (unchanged activity from PSP).<br />

Objective 3: To assess effects, if any, of hydrocycling on sediment transport parameters (see Study 1.0,<br />

Sedimentation) (PSP Objective 4).<br />

Activities:<br />

P.O. Box 988<br />

2404 15 th Street<br />

Columbus, NE 68602-0988<br />

Phone (866) 869-2087<br />

Fax (402) 564-0970<br />

www.loup.com<br />

Page 3 of 8


<strong>Loup</strong> River Hydroelectric Project<br />

FERC Project No. 1256<br />

Study Plan Revisions<br />

Study Plan Meeting – May 27-28, 2009<br />

• Determine sediment transport indicators (effective discharge and total sediment transport) for Project<br />

and alternative condition sub-daily hydrographs (unchanged activity from PSP).<br />

Objective 4: To identify material differences in potential effects on habitat of the interior least tern, piping<br />

plover, and pallid sturgeon (PSP Objective 5; revised 4/21 and 5/27-28).<br />

Activities:<br />

• Examine effects of hydrocycling/pulsing operations to tern and plover nesting sites on other rivers<br />

and compare to conditions resulting from <strong>District</strong> operations (unchanged activity from PSP).<br />

• Review conditions on other rivers with hydrocycling/pulsing operations and compare to the lower<br />

Platte River below the Elkhorn River confluence to determine potential differences in pallid sturgeon<br />

habitat and use (revised activity).<br />

<strong>Loup</strong> <strong>Power</strong> <strong>District</strong><br />

Columbus, NE<br />

Study Plan 3: Water Temperature in the Platte River<br />

During the April 21, 2009, Study Plan Meeting, Study Plan 3 was determined to be unnecessary for Project<br />

relicensing and will not be included in the <strong>District</strong>’s Revised Study Plan.<br />

Study Plan 4: Water Temperature in the <strong>Loup</strong> River Bypass Reach<br />

Goal(s):<br />

The goal of the study of water temperature in the <strong>Loup</strong> River bypass reach is to determine if Project<br />

operations (flow diversion) materially affect water temperature in the <strong>Loup</strong> River bypass reach with particular<br />

emphasis between the Diversion Weir and the confluence of Beaver Creek with the <strong>Loup</strong> River (4/21 revision<br />

from PSP; unchanged 5/27-28).<br />

Objectives and Associated Activities:<br />

Objective 1: To estimate the relationship between flow in the <strong>Loup</strong> River bypass reach, ambient air<br />

temperature, water temperature, relative humidity, and cloud cover (4/21 revision to PSP Objective 5;<br />

unchanged 5/27-28).<br />

Activities:<br />

• Coordinate with USGS to install temperature sensors in the <strong>Loup</strong> River at the Diversion Weir and in<br />

the <strong>Loup</strong> River bypass reach at USGS Gage 06793000, <strong>Loup</strong> River near Genoa, NE (PSP Objective<br />

1).<br />

• Collect and review ambient air temperature data at the National Weather Service (NWS) atmospheric<br />

station located at Genoa (PSP Objective 2).<br />

• Collect and review relative humidity and solar radiation at the weather station at Mead, Nebraska<br />

(4/21 new activity; unchanged 5/27-28).<br />

• Collect and review flow data at USGS Gage 06793000, <strong>Loup</strong> River near Genoa, NE, and USGS Gage<br />

06792500, <strong>Loup</strong> River <strong>Power</strong> Canal near Genoa, NE (PSP Objective 3).<br />

• Obtain a short-term sampling (3-7 days) of water temperature data in the bypass reach near Columbus<br />

to confirm that temperatures are not significantly higher than in the primary study reach (diversion to<br />

Beaver Creek) (5/27-28 new activity).<br />

• Develop plots and identify general patterns and distinguish trends (revision to PSP Objective 4).<br />

P.O. Box 988<br />

2404 15 th Street<br />

Columbus, NE 68602-0988<br />

Phone (866) 869-2087<br />

Fax (402) 564-0970<br />

www.loup.com<br />

Page 4 of 8


<strong>Loup</strong> River Hydroelectric Project<br />

FERC Project No. 1256<br />

Study Plan Revisions<br />

Study Plan Meeting – May 27-28, 2009<br />

Objective 2: To describe and quantify the relationship, if any, between diversion of water into the <strong>Loup</strong> <strong>Power</strong><br />

Canal and water temperature in the Study Reach of the <strong>Loup</strong> River bypass reach (PSP Objective 6).<br />

Activities:<br />

• Perform regression analyses on each described plot to determine relationships between water<br />

temperature, ambient air temperature, flow, relative humidity, and solar radiation (unchanged activity<br />

from PSP).<br />

• Establish a predictive relationship that can be used to predict during what conditions the water quality<br />

temperature standard may be exceeded (unchanged activity from PSP).<br />

<strong>Loup</strong> <strong>Power</strong> <strong>District</strong><br />

Columbus, NE<br />

Study Plan 5: Flow Depletion and Flow Diversion<br />

Goal(s):<br />

The goals of the flow depletion and flow diversion study are to determine if Project operations result in a flow<br />

depletion on the lower Platte River and to what extent the magnitude, frequency, duration, and timing of<br />

flows affect the <strong>Loup</strong> River bypass reach. The results will be used to determine if the Project operations<br />

relative to flow depletion and flow diversion adversely affect the habitat used by interior least tern and piping<br />

plover populations, the fisheries, and the riverine habitat in the <strong>Loup</strong> River bypass reach and the lower Platte<br />

River (unchanged from PSP).<br />

Objectives and Associated Activities:<br />

Objective 1: To determine the net consumptive losses associated with Project operations compared to<br />

alternative conditions (PSP Objective 2).<br />

Activities:<br />

• Collect gage and atmospheric data (unchanged activity from PSP).<br />

• Quantify flow depletion in the <strong>Loup</strong> <strong>Power</strong> Canal, regulating reservoirs, and <strong>Loup</strong> River bypass reach<br />

by calculating consumptive use (using evaporation and evapotranspiration) and making a comparison<br />

to alternative conditions (PSP Objective 1).<br />

Objective 2: To use current and historic USGS gage rating curves to evaluate change in stage in the <strong>Loup</strong><br />

River bypass reach during Project operations and compare against alternative hydrographs (PSP Objective 4).<br />

Activities:<br />

• Use existing gage data to develop flood frequency and flow duration curves in the <strong>Loup</strong> River bypass<br />

reach for current Project operations and for alternative operations (PSP Objective 3).<br />

• Quantify the stage in the <strong>Loup</strong> River bypass reach at Genoa and Columbus (unchanged activity from<br />

PSP).<br />

Objective 3: To evaluate historic flow trends on the <strong>Loup</strong> and Platte rivers since Project inception (PSP<br />

Objective 5).<br />

Activities:<br />

• USGS gages on the <strong>Loup</strong> River at Genoa and Columbus and USGS gages on the Platte River at<br />

Duncan and North Bend will be evaluated to determine if there has been a general decline of flows in<br />

the <strong>Loup</strong> and Platte rivers (unchanged activity from PSP).<br />

P.O. Box 988<br />

2404 15 th Street<br />

Columbus, NE 68602-0988<br />

Phone (866) 869-2087<br />

Fax (402) 564-0970<br />

www.loup.com<br />

Page 5 of 8


<strong>Loup</strong> River Hydroelectric Project<br />

FERC Project No. 1256<br />

Study Plan Revisions<br />

Study Plan Meeting – May 27-28, 2009<br />

• A USGS report (Ginting, Zelt, and Linard, 2008) will be used to assess flow depletions in the Platte<br />

River (unchanged activity from PSP).<br />

Objective 4: To determine the extent of interior least tern and piping plover nesting on the <strong>Loup</strong> River above<br />

and below the Diversion Weir (PSP Objective 6).<br />

Activities:<br />

• Compare nest counts and productivity measures for the <strong>Loup</strong> River upstream and downstream of the<br />

diversion and identify significant differences (5/27-28 revised activity).<br />

• Examine aerial images for appropriate reaches of the <strong>Loup</strong> River, both upstream and downstream of<br />

the diversion, to identify and compare habitat parameters following methodology utilized by Kirsch<br />

in 1996 (5/27-28 revised activity).<br />

• Plot recorded nesting sites (from given years) and productivity measures above and below the<br />

diversion (5/27-28 revised activity).<br />

• Identify habitat requirements from habitat study reports (unchanged activity from PSP).<br />

• Compare observed conditions to habitat requirements (unchanged activity from PSP).<br />

Objective 5: To determine Project effects, if any, of consumptive use on fisheries and habitat on the lower<br />

Platte River downstream of the Tailrace Canal (4/21 new objective; unchanged 5/27-28).<br />

Activities:<br />

• Use net consumptive use analysis from Objectives 1 and 2 to determine if the Project results in<br />

depletions to the lower Platte River (unchanged activity from PSP).<br />

• Correlate these findings with effects (adverse or beneficial) on fisheries and riverine habitat<br />

(unchanged activity from PSP).<br />

Objective 6: To determine the relative significance of the <strong>Loup</strong> River bypass reach to the overall <strong>Loup</strong> River<br />

fishery (PSP Objective 7).<br />

Activities:<br />

• Use existing NGPC fish sampling data to compare seasonal fishery dynamics in the <strong>Loup</strong> River both<br />

above and below the Diversion Weir (5/27-28 revised activity).<br />

<strong>Loup</strong> <strong>Power</strong> <strong>District</strong><br />

Columbus, NE<br />

Study Plan 6: Fish Sampling<br />

During the May 27-28, 2009, Study Plan Meeting, the <strong>District</strong> stated that it does not intend to perform fish<br />

sampling in the <strong>Loup</strong> <strong>Power</strong> Canal for the following reasons:<br />

• Canal fishery has previously been identified by NGPC as excellent ;<br />

• No concerns have been raised related to the quality of the canal fishery;<br />

• No issues were identified in Scoping Document 2 related to canal fisheries;<br />

• Specific canal fish sampling information is not needed for the license application.<br />

However, the <strong>District</strong> will cooperate with NGPC to provide access for future NGPC-performed sampling,<br />

independent of Project relicensing. All attendees were agreeable to this approach. Study Plan 6 will not be<br />

included in the <strong>District</strong>’s Revised Study Plan.<br />

Goal(s):<br />

Study Plan 7: Fish Passage<br />

P.O. Box 988<br />

2404 15 th Street<br />

Columbus, NE 68602-0988<br />

Phone (866) 869-2087<br />

Fax (402) 564-0970<br />

www.loup.com<br />

Page 6 of 8


<strong>Loup</strong> River Hydroelectric Project<br />

FERC Project No. 1256<br />

Study Plan Revisions<br />

Study Plan Meeting – May 27-28, 2009<br />

The goal of the fish passage study is to determine if a useable pathway exists for fish movement upstream and<br />

downstream of the Diversion Weir (4/21 revised; unchanged 5/27-28).<br />

Objectives and Associated Activities:<br />

Objective 1: To evaluate the hydraulic flow, velocity, and stage parameters at the Diversion Weir and Sluice<br />

Gate Structure (unchanged from PSP).<br />

Activities:<br />

• Review stage and discharge data available at nearby USGS gage stations (USGS Gage 06793000,<br />

<strong>Loup</strong> River near Genoa, NE, and USGS Gage 06792500, <strong>Loup</strong> River <strong>Power</strong> Canal near Genoa, NE)<br />

(PSP Objective 2).<br />

• Collect hydraulic information, including surveying river cross sections at the upstream and<br />

downstream face of the Headworks and recording headwater and tailwater elevations at the Diversion<br />

Weir (PSP Objective 3).<br />

• Review flow duration curves at the Diversion Weir (PSP Objective 5).<br />

Objective 2: To determine whether fish pathways exist over the Diversion Weir, through the Sluice Gate<br />

Structure, or by other means (PSP Objective 7).<br />

Activities:<br />

• Review literature to determine velocity and depth criteria for upstream fish passage at the Diversion<br />

Weir (PSP Objective 4).<br />

• Develop a hydraulic model to determine the flow split between the Diversion Weir and sluice gates<br />

for a range of flows (PSP Objective 6).<br />

• Calculate the percent of time during the migration season that the Diversion Weir is a barrier to<br />

upstream fish movement (5/27-28 new activity).<br />

<strong>Loup</strong> <strong>Power</strong> <strong>District</strong><br />

Columbus, NE<br />

Study Plan 12: Ice Jam Flooding on the <strong>Loup</strong> River<br />

Goal(s):<br />

The goal of the study of ice jam flooding on the <strong>Loup</strong> River is to determine if the operation of the <strong>Loup</strong><br />

<strong>Power</strong> Canal has a material effect on the formation of ice jams or a material effect on the severity of flooding<br />

caused by ice jams in the <strong>Loup</strong> River bypass reach (5/27-28 revised from PSP).<br />

Objectives and Associated Activities:<br />

Objective 1: To characterize the available information and its relevance to performing a quantitative or<br />

qualitative analysis (5/27-28 revised from PSP).<br />

Activities:<br />

• Collect and review NDNR ice reports for the <strong>Loup</strong> River (unchanged activity from PSP).<br />

• Collect flow and temperature data (water and air) (unchanged activity from PSP).<br />

• Review historic ice jam and related flood information (unchanged activity from PSP).<br />

• Review Project operations relative to ice jam flood events (unchanged activity from PSP).<br />

• Coordinate with USACE (or other) regarding the suitability of the available data for performing a<br />

quantitative or qualitative analysis (new activity established subsequent to PSP and agreed upon<br />

5/27-28).<br />

P.O. Box 988<br />

2404 15 th Street<br />

Columbus, NE 68602-0988<br />

Phone (866) 869-2087<br />

Fax (402) 564-0970<br />

www.loup.com<br />

Page 7 of 8


<strong>Loup</strong> River Hydroelectric Project<br />

FERC Project No. 1256<br />

Study Plan Revisions<br />

Study Plan Meeting – May 27-28, 2009<br />

• Research existing literature on stream morphology in the <strong>Loup</strong> River Bypass Reach and review<br />

literature on the link between sediment and frazil ice transport and incorporate the results of the<br />

Sedimentation Study in making that analysis (5/27-28 new activity)<br />

Objective 2: Use available information to determine if a relationship can be found between Project operations<br />

and the occurrence or severity of ice jam flooding in the <strong>Loup</strong> River bypass reach (5/27-28 revised).<br />

Activities:<br />

• Update July 1994 USACE report tables and graphs relative to the <strong>Loup</strong> River bypass reach<br />

(unchanged activity from PSP).<br />

• Plot flows in the <strong>Loup</strong> <strong>Power</strong> Canal and <strong>Loup</strong> River bypass reach from November to April of each<br />

year and compare them to ice observation records (5/27-28 revised).<br />

• Incorporate the results of the sedimentation study relative to river morphology changes to assess<br />

potential effects if any on ice and water transport (5/27-28 new activity).<br />

<strong>Loup</strong> <strong>Power</strong> <strong>District</strong><br />

Columbus, NE<br />

Study Plan 13: PCB Sampling at the Settling Basin<br />

In response to USFWS scoping comments requesting PCB sampling in the <strong>Loup</strong> <strong>Power</strong> Canal, the <strong>District</strong><br />

provided Response 3.0 – Water Quality Evaluation in its PSP. In Response 3.0, the <strong>District</strong> stated its<br />

intention not to perform any PCB sampling and provided appropriate justification, including the stated<br />

support of NDEQ in this decision.<br />

In Scoping Document 2, and based on USFWS comment, FERC identified dredging in the Settling Basin as<br />

the only Project operation that could potentially result in the resuspension and transport of PCBs or as a<br />

potential pathway for exposure to interior least terns (via forage fish discharged on the North Sand<br />

Management Area and assuming that PCBs are present in the Settling Basin sediment and/or forage fish<br />

tissue).<br />

In response to Scoping Document 2 and subsequent to submittal of the PSP, the <strong>District</strong> prepared a study plan<br />

specific to PCB sampling in the Settling Basin. The goals, objectives, and activities associated with this study<br />

plan were presented during the May 28, 2009, Study Plan Meeting. Based on meeting discussion, and overall<br />

lack of support for the study, the <strong>District</strong> has rescinded the study as presented on May 28, 2009. Instead, the<br />

<strong>District</strong> will coordinate with NDEQ, and provide funding as necessary, to perform fish tissue PCB sampling<br />

upstream of the Columbus <strong>Power</strong>house, in addition to NDEQ’s regularly scheduled fish tissue PCB sampling<br />

of the Tailrace Canal at the U.S. Highway 30 bridge.<br />

P.O. Box 988<br />

2404 15 th Street<br />

Columbus, NE 68602-0988<br />

Phone (866) 869-2087<br />

Fax (402) 564-0970<br />

www.loup.com<br />

Page 8 of 8


Selzle, Lydia<br />

From: Pavelka, Gregory A NWO [Gregory.A.Pavelka@usace.army.mil]<br />

Sent: Tuesday, June 02, 2009 10:39 AM<br />

To: Marinovich, Melissa<br />

Subject: RE: Another Missouri River Habitat Question<br />

Hi Melissa,<br />

Sorry it has taken so long for me to respond to your e-mail. I do not know if the USFWS<br />

had any concerns about how cycling would effect the pallid sturgeon. Mike Olson, 701-250-<br />

4481, would be the person at the USFWS to contact. I am not sure when cycling began; it may<br />

have been in 2004. I know that it was not done in 2007 and 2008 because low releases out of<br />

Gavins Point made it unnecessary. We have no real data to tell if cycling caused the birds to<br />

avoid nesting in low areas. Cycling is done every third day and the Gavins Point crew<br />

normally surveys the sandbars every seventh day. (Our permit requires a minimum of five days<br />

between nest visits and the Gavins Point crew is normally on a weekly rotation.) Therefore<br />

there is no way for us to determine if a tern or plover initiated a nest in a low spot on one<br />

of the low days and then lost the nest during the high day cycle. Virginia Tech conducted a<br />

piping plover study from 2005-2007 and the USGS conducted a least tern study from 2006-2008,<br />

which may answer this question as both studies included much shorter return nest visit<br />

periods. Neither study has been published yet. The Virginia Tech study is to be published<br />

later this summer and the USGS I believe will be published in 2010. Cycling was terminated<br />

when it was determined that chicks had hatched out below Gavins Point. This was done to<br />

eliminate the possibility that chicks feeding in low areas could be lost or cut off from the<br />

main sandbar as flows increased with the high cycle.<br />

I hope this has been helpful to you.<br />

Greg<br />

-----Original Message-----<br />

From: Marinovich, Melissa [mailto:Melissa.Marinovich@hdrinc.com]<br />

Sent: Tuesday, May 19, 2009 9:03 AM<br />

To: Pavelka, Gregory A NWO<br />

Subject: RE: Another Missouri River Habitat Question<br />

Thanks, Greg!<br />

I have a few new questions for you (they just keep coming). Regarding the "every third day<br />

cycling" at Gavins Point - just a clarification - this was not mentioned in the 2003 BiOp,<br />

but was developed through meetings with USFWS to not only coax the birds to nest higher, but<br />

also to conserve water during the drought years, correct? Prior to this "cycling" the USACE<br />

was using the Steady Release and/or Flow-to-target release methods to help the birds nest<br />

higher and/or conserve water? My question is, when this method of cycling was developed, were<br />

there any concerns that the USFWS voiced on how this "cycling" might affect the Pallid<br />

Sturgeon? Since the initial "every third day cycling" began in May 2004 (correct me if this<br />

is incorrect), has it proven to have helped the birds avoid nest inundation? Is it proving to<br />

be a positive measure, or are you finding detrimental effects such as overcrowding or chicks<br />

later in the season being too far away from food sources? We're just trying to gain a better<br />

understanding of how the daily cycling that the LPPD does (on a much smaller scale than<br />

Gavins) may have an effect on the terns, plovers, and pallid sturgeon. Thanks again for all<br />

your knowledge and help.<br />

Melissa<br />

-----Original Message-----<br />

1


From: Pavelka, Gregory A NWO [mailto:Gregory.A.Pavelka@usace.army.mil]<br />

Sent: Friday, May 15, 2009 1:41 PM<br />

To: Marinovich, Melissa<br />

Subject: RE: Another Missouri River Habitat Question<br />

Hi Melissa,<br />

The contractor was David Miller and Associates. I don't have any contact information on<br />

them, but you could contact Brad Thompson at our Omaha <strong>District</strong> office and he could get the<br />

information to you. Brad's phone number is 402-995-2678. Have a good weekend.<br />

Greg<br />

-----Original Message-----<br />

From: Marinovich, Melissa [mailto:Melissa.Marinovich@hdrinc.com]<br />

Sent: Friday, May 15, 2009 9:52 AM<br />

To: Pavelka, Gregory A NWO<br />

Subject: RE: Another Missouri River Habitat Question<br />

Thanks for the quick reply! One more question - who did the study? I may have some questions<br />

on their methodology as we may be looking at designing a similar study on the Platte River.<br />

Glad to hear the birds are beginning their return. I also saw the common terns passing<br />

through on the Platte River about a week ago.<br />

Melissa<br />

-----Original Message-----<br />

From: Pavelka, Gregory A NWO [mailto:Gregory.A.Pavelka@usace.army.mil]<br />

Sent: Friday, May 15, 2009 8:59 AM<br />

To: Marinovich, Melissa<br />

Subject: RE: Another Missouri River Habitat Question<br />

Hi Melissa,<br />

The extensive study I mentioned is the pre-decisional EIS for ESH. It probably won't be<br />

released until the spring of 2010 at the earliest. The plovers are back and have been seen as<br />

far north as Fort Peck Lake in eastern Montana. Our crew at Gavins Point is just now starting<br />

to find nests. We have been seeing common terns, but least terns have not been verified yet.<br />

I would expect they will start showing up next week. It is a long flight from South America.<br />

Have a good weekend.<br />

Greg<br />

-----Original Message-----<br />

From: Marinovich, Melissa [mailto:Melissa.Marinovich@hdrinc.com]<br />

Sent: Thursday, May 14, 2009 3:00 PM<br />

To: Pavelka, Gregory A NWO<br />

Subject: Another Missouri River Habitat Question<br />

Hi Greg,<br />

Have the birds returned to the river yet? I know the plovers are milling around the Platte<br />

and sandpits, but the terns have not been spotted yet. I am currently helping gather<br />

additional information on sandbar habitat availability for terns and plovers in different<br />

river systems. In one of our phone conversations, you had mentioned that an extensive study<br />

was done (in preparation of the pre-decision EIS on Emergent Sandbar Habitat) that looked at<br />

2


digital photography of all the habitat in the Missouri River from 1998 to 2008. I haven't<br />

been able to find any information on this study and was wondering if you could send me either<br />

a link, copy of the report, or any additional information on this study. Thanks for all your<br />

help! Happy spring!<br />

Melissa Marinovich<br />

Environmental Scientist<br />

HDR ONE COMPANY | Many Solutions<br />

8404 Indian Hills Drive | Omaha, NE | 68114-4098<br />

Phone: 402.399.1317 | Fax: 402.399.1111<br />

Email: melissa.marinovich@hdrinc.com <br />

3


Selzle, Lydia<br />

From: Richardson, Lisa (Omaha)<br />

Sent: Wednesday, June 03, 2009 6:42 AM<br />

To: King, Wendy<br />

Subject: FW: FERC Relicensing & May 5 Meeting Notes<br />

From: Dolberg, Jill [mailto:jill.dolberg@nebraska.gov]<br />

Sent: Tuesday, June 02, 2009 1:47 PM<br />

To: Richardson, Lisa (Omaha)<br />

Cc: Nunn, Jessie<br />

Subject: RE: FERC Relicensing 0 May 5 Meeting Notes<br />

Hi Lisa,<br />

The notes look great. I don't have any comments. I am glad you included that I promised an example of documentation<br />

for such a district. I'd forgotten! I'll get on that...<br />

Jill Dolberg<br />

From: Richardson, Lisa (Omaha) [mailto:Lisa.Richardson@hdrinc.com]<br />

Sent: Tuesday, June 02, 2009 5:56 AM<br />

To: Dolberg, Jill; Nunn, Jessie<br />

Cc: Madson, Michael J.; Waldow, George; Neal Suess; rziola@loup.com<br />

Subject: FERC Relicensing 0 May 5 Meeting Notes<br />

RE: HP#08040127001<br />

Jill & Jessie,<br />

Attached are notes from our May 5 meeting to discuss <strong>Loup</strong> <strong>Power</strong> <strong>District</strong>’s FERC relicensing and the proposed Study<br />

for Section 106 compliance. Please let me know if you have any comments on the notes. We would like to post them to<br />

the project website by the end of the week if possible.<br />

Feel free to give me a call if you have any questions.<br />

Regards,<br />

Lisa<br />

Lisa M. Richardson, P.E.<br />

Professional Associate<br />

HDR One Company | Many Solutions<br />

8404 Indian Hills Drive<br />

Omaha, NE 68114&4049<br />

Phone: 402.926.7026<br />

Cell: 402.618.9865<br />

Fax: 402.399.1111<br />

1


June 4, 2009<br />

Mr. Rick Schneider<br />

Nebraska Game and Parks Commission<br />

2200 North 33 rd Street<br />

P.O. Box 30370<br />

Lincoln, Nebraska 68503-0370<br />

Re: <strong>Loup</strong> River Hydroelectric Project<br />

FERC Project Number 1256<br />

Species Occurrence Data Request<br />

Dear Mr. Schneider:<br />

As you are aware, <strong>Loup</strong> <strong>Power</strong> <strong>District</strong> (the <strong>District</strong>) filed a Notice of Intent (NOI) and a Pre-Application<br />

Document (PAD) in October 2008 to begin the Federal Energy Regulatory Commission (FERC) relicensing<br />

process for its hydroelectric facilities located on the <strong>Loup</strong> River near Columbus, Nebraska (Project). In<br />

FERC’s Notice of Commencement on December 16, 2008, FERC initiated informal consultation with the<br />

U.S. Fish and Wildlife Service (USFWS) and designated <strong>Loup</strong> <strong>Power</strong> <strong>District</strong> (<strong>District</strong>) as the non-federal<br />

representative to conduct Endangered Species Act (ESA) (16 U.S.C. 1531 et seq.) section 7 consultation.<br />

In compliance with the ESA, the <strong>District</strong> is gathering information to assist with the development of a<br />

Biological Assessment on behalf of FERC. In a letter dated September 23, 2008, the Nebraska Game and<br />

Parks Commission (Commission) identified the following protected species as having occurrence data around<br />

the <strong>Loup</strong> River, <strong>Loup</strong> Diversion Canal, and the Platte River in Nance, Platte and Butler counties:<br />

Small White Lady’s Slipper<br />

Whooping Crane<br />

Interior Least Tern<br />

Piping Plover<br />

Bald Eagle<br />

River Otter<br />

In a letter dated July 21, 2008 and September 18, 2008, the USFWS provided technical assistance to the<br />

<strong>District</strong> in determining the potential issues related to threatened or endangered species. In accordance with<br />

section 7 of the ESA, USFWS developed a list of federally-protected species that may occur in the Project<br />

area or may be affected by the proposed relicensing of the Project. These species were:<br />

Pallid Sturgeon<br />

Least Tern<br />

Piping Plover<br />

Western Prairie Fringed Orchid<br />

In response to a letter requesting species occurrence data for the Project area (Figure 1) (dated March 2,<br />

2009), the Commission conducted a search of Nebraska Heritage Database records for a 2-mile buffer area


surrounding the Project area. The Commission emailed the requested records in an excel spreadsheet and a<br />

shapefile format. HDR translated this data into the attached figure (Figure 2). Due to the phrasing of the<br />

original request, no records were received for the <strong>Loup</strong> River paralleling the Project Area (<strong>Loup</strong> River Bypass<br />

Reach).<br />

The <strong>District</strong> would like to request Nebraska Heritage Database species occurrence data for the species listed<br />

in the aforementioned letters as well as any Tier I At-Risk Species (as defined in the Nebraska Natural Legacy<br />

Project) that may be found within a 1-mile buffer of the lower <strong>Loup</strong> River from the diversion at Genoa<br />

downstream to the confluence with the Platte River. The <strong>District</strong> also requests any occurrence data for Tier I<br />

At-Risk Species that may be found within a 1-mile buffer of the Project area. Included in this data, please<br />

provide the date of the occurrence (if available) and/or whether or not the record is considered historical. If<br />

feasible, the <strong>District</strong> would prefer information provided as points in a GIS shapefile format; however, due to<br />

the sensitive nature of the information requested, paper maps would be sufficient.<br />

I appreciate your continued assistance in providing information to assist us with the relicensing effort for the<br />

<strong>Loup</strong> River Hydroelectric Project. The information provided will be used for analytical purposes only. This<br />

information will not be published or shared without the express consent of the Commission.<br />

If you require any additional information or have any questions concerning this request please contact me at<br />

(402) 564-3171 ext. 268 or Matt Pillard at (402) 399-1186.<br />

Sincerely,<br />

Neal D. Suess<br />

President/CEO<br />

<strong>Loup</strong> Public <strong>Power</strong> <strong>District</strong><br />

cc: Matt Pillard, HDR<br />

Kim Nguyen, FERC<br />

June DeWeese, USFWS


Selzle, Lydia<br />

From: Jorgensen, Joel [Joel.Jorgensen@nebraska.gov]<br />

Sent: Sunday, June 07, 2009 3:11 PM<br />

To: Marinovich, Melissa<br />

Subject: RE: Tern and Plover Data question<br />

Melissa:<br />

We are having some internal discussions as to best address your requests. I need to touch base with a couple people<br />

and then I hope to get back to you shortly. I can forward the raw count data (used in the graphics) from 198722008 early<br />

next week.<br />

In addition to the data that Mary Brown and I summarized and prepared, it is my understanding the Heritage Program also<br />

provided HDR with data. While the data that has been provided can be deconstructed to provide a greater level of<br />

precision, I do not believe a large amount of additional data remains unprovided. Nonetheless, we hope we can provide<br />

the all data that is available while ensuring that is done in a way that does not compromise our obligations and<br />

responsibilities.<br />

2Joel<br />

=======================================<br />

Joel Jorgensen<br />

Nongame Bird Program Manager<br />

Wildlife Division<br />

Nebraska Game and Parks Commission<br />

Lincoln, NE 68503<br />

402&471&5440<br />

joel.jorgensen@nebraska.gov<br />

***NOTE NEW EMAIL ADDRESS***<br />

From: Marinovich, Melissa [Melissa.Marinovich@hdrinc.com]<br />

Sent: Friday, June 05, 2009 10:59 AM<br />

To: Jorgensen, Joel<br />

Subject: FW: Tern and Plover Data question<br />

Joel,<br />

Just following up. I’m sure you’ve been very busy with field work. Did you get a chance to look over the data we have?<br />

Specifically we are looking for nest counts and any reproductive success data on the <strong>Loup</strong> and lower Platte Rivers from<br />

1987-2008. We need specific numbers so we are able to do our analysis. What data do you have and for which years?<br />

Melissa<br />

From: Marinovich, Melissa<br />

Sent: Wednesday, May 27, 2009 8:05 AM<br />

To: 'Jorgensen, Joel'<br />

Subject: RE: Tern and Plover Data question<br />

Hi Joel,<br />

1


Sorry about that. We just got Microsoft 2007 and I’m still trying to figure out all the quirks (including how to make the<br />

files easily transferable). I attached it in a PDF format. Let me know if you are unable to open this for any reason.<br />

Thanks!.<br />

Melissa<br />

From: Jorgensen, Joel [mailto:Joel.Jorgensen@nebraska.gov]<br />

Sent: Tuesday, May 26, 2009 4:33 PM<br />

To: Marinovich, Melissa<br />

Subject: RE: Tern and Plover Data question<br />

Melissa:<br />

I am unable to open the file (need an .xls rather than .xlsx). If you can resend that would be great.<br />

2Joel<br />

Joel Jorgensen<br />

Nongame Bird Program Manager<br />

Wildlife Division<br />

Nebraska Game & Parks Commission<br />

Lincoln, NE 68503<br />

402247125440<br />

joel.jorgensen@nebraska.gov<br />

WATCH MORE: NONGAME BIRD PROGRAM TELEVISION<br />

From: Marinovich, Melissa [mailto:Melissa.Marinovich@hdrinc.com]<br />

Sent: Tuesday, May 19, 2009 12:41 PM<br />

To: Jorgensen, Joel<br />

Subject: Tern and Plover Data question<br />

Hi Joel,<br />

Hope bird migration season is going well so far for you. I heard that the plovers have been spotted, but still waiting on<br />

the return of the least terns. I saw quite a few common terns on the river in the last two weeks, so I would assume the<br />

least terns are not too far behind, although it’s a long flight from South America ☺ I have a few questions for you<br />

regarding the tern and plover data you have collected in the database.<br />

In an attempt to further develop the studies in the study plans for <strong>Loup</strong>, I need to get a better handle on what tern and<br />

plover data is available on some of the different river reaches. I know we’ve talked about this before, but I have a few<br />

more questions. Attached is a spreadsheet of all the data we have accumulated from NGPC and International Piping<br />

Plover Census data (please let me know if you are unable to open it). Could you please take a moment to look this over<br />

and let me know if there is additional data that you have on these two river reaches and specify whether it is river or<br />

sandpit data? I guess I am specifically interested in more than just adult census information, such as nest counts, egg<br />

counts, fledge ratios, etc. Do they exist for the <strong>Loup</strong> River? Sandpits adjacent to <strong>Loup</strong> River?<br />

Also, in response to a previous data request (NGPC letter dated 9/5/08) you provided us with some bar graphs depicting<br />

numbers of piping plovers and least terns on the lower Platte River and on sandpits adjacent to the lower Platte River<br />

(Columbus to Plattsmouth). We may need to use these numbers for a comparison study we are developing and was<br />

2


wondering if you have access to actual number counts for the years of 1987-2008, rather than just trying to guesstimate<br />

based on the charts.<br />

Once I get a better handle on what you have and what we need, I will be sending another, more specific data request<br />

letter to you.<br />

Melissa Marinovich<br />

Environmental Scientist<br />

HDR ONE COMPANY | Many Solutions<br />

8404 Indian Hills Drive | Omaha, NE | 6811424098<br />

Phone: 402.399.1317 | Fax: 402.399.1111<br />

Email: melissa.marinovich@hdrinc.com<br />

3


Subject: Proposed Study Plan – Tern and Plover Data Gathering<br />

Client: <strong>Loup</strong> <strong>Power</strong> <strong>District</strong><br />

Project: <strong>Loup</strong> FERC Re-Licensing<br />

Meeting Date: June 9, 2009<br />

Notes by: Melissa Marinovich<br />

Project No: 13704<br />

Attendees:<br />

Joel Jorgensen (NGPC), Melissa Marinovich (HDR), Quinn Damgaard (HDR)<br />

Meeting Notes<br />

Meeting Location: 2200 N. 33 rd Street, Lincoln, NE<br />

N:\!users\Gail\Stationery & Forms\Forms\MeetingNotes.doc<br />

Topics Discussed:<br />

The purpose of this meeting was to discuss the tern and plover data LPD has already gathered, to request the<br />

tern and plover data still needed from the NGPC for use in conducting the revised studies, to explain the<br />

proposed study plans to Joel Jorgensen, and to request feedback on the best metrics (bird numbers) to be<br />

using when conducting the studies as proposed. The meeting began at 2:00pm in the 3 rd Floor Conference<br />

Room at NGPC.<br />

I. Introductions<br />

II. LPD Acquired Data<br />

Outline of all Tern and Plover data that the Project has collected to date for the <strong>Loup</strong> and lower<br />

Platte Rivers and from which sources this data has been obtained.<br />

Is there any nesting or reproductive success data available for the <strong>Loup</strong> River that the Project is<br />

missing?<br />

o Some data is available for plovers on the <strong>Loup</strong> from the early 90’s – limited years<br />

o Most of the data consisted of 1 day of survey for a given year<br />

o There is not much information from the last 10 years other than the piping plover census<br />

years<br />

o Very little, if any, reproductive success data<br />

o NGPC cautions LPD in using this data to draw conclusions, as the data is very scarse,<br />

incomplete, and was not collected with the intent of using it for future analysis<br />

III. LPD Data Needs<br />

HDR Engineering, Inc.<br />

All available nest counts and reproductive success data (if available) on the <strong>Loup</strong> River and<br />

lower Platte River (1986-2008?)<br />

o Some data available, but limited<br />

o Most data from earlier years was collected by John Dinan and may have consisted of a<br />

few days of survey in late June and a few days of follow-up survey in early July<br />

o Caution using this information as there are a lot of variables not figured into the<br />

numbers, such as nest success (generally wasn’t documented), re-nesting, detectability,<br />

double-counting, etc.<br />

o HDR asked for further clarification on where to go for the data? Should some data be<br />

collected from Tern and Plover Conservation <strong>Part</strong>nership (<strong>Part</strong>nership)?<br />

NGPC has all of the data. They sync their database with all other agencies as<br />

soon as data has been internally reviewed by the other agencies and the<br />

<strong>Part</strong>nership.<br />

8404 Indian Hills Drive<br />

Omaha, NE 68114-4098<br />

Phone (402) 399-1000<br />

Fax (402) 399-1238<br />

www.hdrinc.com<br />

Page 1 of 3


HDR Engineering, Inc.<br />

Nest location data (or nest counts) on the lower Platte River (by river segment) for all years<br />

available. Segments are:<br />

<strong>Loup</strong>/Platte Confluence to North Bend<br />

North Bend to Leshara<br />

Leshara to Ashland<br />

Ashland to Louisville<br />

Louisville to Missouri confluence<br />

o The data that NGPC has on the lower Platte River is segmented by river mile<br />

HDR asked what source NGPC uses to identify the river miles on the Platte<br />

River<br />

• NGPC uses an older version of a USACE map<br />

• Jeff Runge, USFWS, may have a river mile shapefile for the Platte<br />

o The NGPC data is kept in a Microsoft access database – will have to look into how to<br />

best provide the data to HDR/LPD<br />

Nest location data on <strong>Loup</strong> River for all years available<br />

o Once again, very limited data on the <strong>Loup</strong> – especially nesting data<br />

o Joel will talk to Rick Schneider (NE Heritage Database Supervisor) about how best to<br />

provide data<br />

o NGPC may have HDR/LPD sign a data use agreement<br />

IV. Explanation of Proposed Study Plans<br />

HDR outlined the tern and plover related objectives and activities for Studies 1.0<br />

(sedimentation), 2.0 (hydrocycling), and 5.0 (flow depletion/flow diversion)<br />

o Joel expressed concern in using the nesting data for drawing conclusions in Study 1.0.<br />

HDR asked what metric would be best to use for evaluating effects to terns and<br />

plovers? Nest counts? Fledge ratios?<br />

• All metrics have their flaws.<br />

o Nest counts may not be the best reflection of the success of a<br />

population because there may be nests that were counted that<br />

did not produce chicks or may have missed nests.<br />

o Fledge ratio is a difficult metric to collect accurately. This metric<br />

is often collected observationally, leaving the door open for<br />

several flaws, such as detectability issues, double-counting,<br />

other factors not taken into account.<br />

o Caution in relying too much on the limited amounts and limited<br />

accuracy of the data – may not be enough data to see a<br />

relationship, but doesn’t mean it’s not there<br />

o For Study 2.0, when making river comparisons, Casey Lott, USACE, may be a good<br />

contact to discuss the Red and Arkansas Rivers – he has done a lot of work on those<br />

river systems with terns<br />

o For Study 5.0, Joel expressed concern with the use of limited data on the <strong>Loup</strong> River<br />

There is extremely limited data on the <strong>Loup</strong> River<br />

Terns are colonial so there may be some major flaws with limiting the analysis<br />

of the <strong>Loup</strong> River to 5 miles upstream of the diversion<br />

V. Deadlines for Receiving Data from NGPC<br />

HDR asked how long it may take to receive the requested data from NGPC<br />

o Joel will talk with Rick Schneider about the requested data and get it too HDR/LPD as<br />

soon as possible<br />

o Melissa made the point that the revised study plan is to be submitted on the 27 th of July<br />

and there is a need for the data prior to this date. Can NGPC let HDR/LPD know what of<br />

the requested data is available by July 3 at the latest, with the actual data to follow<br />

ASAP?<br />

8404 Indian Hills Drive<br />

Omaha, NE 68114-4098<br />

Phone (402) 399-1000<br />

Fax (402) 399-1238<br />

www.hdrinc.com<br />

Page 2 of 3


VI. Action Items<br />

HDR Engineering, Inc.<br />

NGPC committed to at least letting HDR know exactly what data will be made<br />

available by July 3<br />

NGPC will get the data to HDR/LPD as soon as possible and will try to move<br />

quickly on this, but unable to set an exact date – Joel will be out of the office for<br />

the next two weeks, but will discuss with Rick Schneider<br />

Action Responsible <strong>Part</strong>y Due Date<br />

Contact Jeff Runge (USFWS) to request the river<br />

miles shapefile for the Platte River<br />

Melissa Marinovich, HDR June 10, 2009<br />

Discuss providing NGPC data with Rick Schneider Joel Jorgensen, NGPC June 10, 2009<br />

Provide information on the availability of requested<br />

data<br />

Joel Jorgensen, NGPC July 3, 2009<br />

Provide NGPC requested tern and plover data Joel Jorgensen, NGPC As soon as possible<br />

VII. Adjorn<br />

Meeting concluded at 3:18pm.<br />

8404 Indian Hills Drive<br />

Omaha, NE 68114-4098<br />

Phone (402) 399-1000<br />

Fax (402) 399-1238<br />

www.hdrinc.com<br />

Page 3 of 3


Selzle, Lydia<br />

From: Marinovich, Melissa<br />

Sent: Monday, June 15, 2009 9:43 AM<br />

To: 'Jorgensen, Joel'<br />

Cc: Damgaard, Quinn V.<br />

Subject: Tern and Plover Data meeting on 6/9/09<br />

Attachments: 090609_NGPC_Meeting_Notes.pdf<br />

Joel:<br />

I just wanted to thank you again for taking the time to meet with Quinn and I last Tuesday (June 9) regarding the Tern<br />

and Plover data needs for the <strong>Loup</strong> Relicensing Project - Proposed Study Plan. Attached are my notes from our meeting.<br />

Please look them over and let me know if you have any questions, comments or revisions by the end of next week (June<br />

19, 2009). Thanks again!<br />

Melissa Marinovich<br />

Environmental Scientist<br />

HDR ONE COMPANY | Many Solutions<br />

8404 Indian Hills Drive | Omaha, NE | 6811454098<br />

Phone: 402.399.1317 | Fax: 402.399.1111<br />

Email: melissa.marinovich@hdrinc.com<br />

1


Subject: Proposed Study Plan – Tern and Plover Data Gathering<br />

Client: <strong>Loup</strong> <strong>Power</strong> <strong>District</strong><br />

Project: <strong>Loup</strong> FERC Re-Licensing<br />

Meeting Date: June 9, 2009<br />

Notes by: Melissa Marinovich<br />

Project No: 13704<br />

Attendees:<br />

Joel Jorgensen (NGPC), Melissa Marinovich (HDR), Quinn Damgaard (HDR)<br />

Meeting Notes<br />

Meeting Location: 2200 N. 33 rd Street, Lincoln, NE<br />

N:\!users\Gail\Stationery & Forms\Forms\MeetingNotes.doc<br />

Topics Discussed:<br />

The purpose of this meeting was to discuss the tern and plover data LPD has already gathered, to request the<br />

tern and plover data still needed from the NGPC for use in conducting the revised studies, to explain the<br />

proposed study plans to Joel Jorgensen, and to request feedback on the best metrics (bird numbers) to be<br />

using when conducting the studies as proposed. The meeting began at 2:00pm in the 3 rd Floor Conference<br />

Room at NGPC.<br />

I. Introductions<br />

II. LPD Acquired Data<br />

Outline of all Tern and Plover data that the Project has collected to date for the <strong>Loup</strong> and lower<br />

Platte Rivers and from which sources this data has been obtained.<br />

Is there any nesting or reproductive success data available for the <strong>Loup</strong> River that the Project is<br />

missing?<br />

o Some data is available for plovers on the <strong>Loup</strong> from the early 90’s – limited years<br />

o Most of the data consisted of 1 day of survey for a given year<br />

o There is not much information from the last 10 years other than the piping plover census<br />

years<br />

o Very little, if any, reproductive success data<br />

o NGPC cautions LPD in using this data to draw conclusions, as the data is very scarse,<br />

incomplete, and was not collected with the intent of using it for future analysis<br />

III. LPD Data Needs<br />

HDR Engineering, Inc.<br />

All available nest counts and reproductive success data (if available) on the <strong>Loup</strong> River and<br />

lower Platte River (1986-2008?)<br />

o Some data available, but limited<br />

o Most data from earlier years was collected by John Dinan and may have consisted of a<br />

few days of survey in late June and a few days of follow-up survey in early July<br />

o Caution using this information as there are a lot of variables not figured into the<br />

numbers, such as nest success (generally wasn’t documented), re-nesting, detectability,<br />

double-counting, etc.<br />

o HDR asked for further clarification on where to go for the data? Should some data be<br />

collected from Tern and Plover Conservation <strong>Part</strong>nership (<strong>Part</strong>nership)?<br />

NGPC has all of the data. They sync their database with all other agencies as<br />

soon as data has been internally reviewed by the other agencies and the<br />

<strong>Part</strong>nership.<br />

8404 Indian Hills Drive<br />

Omaha, NE 68114-4098<br />

Phone (402) 399-1000<br />

Fax (402) 399-1238<br />

www.hdrinc.com<br />

Page 1 of 3


HDR Engineering, Inc.<br />

Nest location data (or nest counts) on the lower Platte River (by river segment) for all years<br />

available. Segments are:<br />

<strong>Loup</strong>/Platte Confluence to North Bend<br />

North Bend to Leshara<br />

Leshara to Ashland<br />

Ashland to Louisville<br />

Louisville to Missouri confluence<br />

o The data that NGPC has on the lower Platte River is segmented by river mile<br />

HDR asked what source NGPC uses to identify the river miles on the Platte<br />

River<br />

• NGPC uses an older version of a USACE map<br />

• Jeff Runge, USFWS, may have a river mile shapefile for the Platte<br />

o The NGPC data is kept in a Microsoft access database – will have to look into how to<br />

best provide the data to HDR/LPD<br />

Nest location data on <strong>Loup</strong> River for all years available<br />

o Once again, very limited data on the <strong>Loup</strong> – especially nesting data<br />

o Joel will talk to Rick Schneider (NE Heritage Database Supervisor) about how best to<br />

provide data<br />

o NGPC may have HDR/LPD sign a data use agreement<br />

IV. Explanation of Proposed Study Plans<br />

HDR outlined the tern and plover related objectives and activities for Studies 1.0<br />

(sedimentation), 2.0 (hydrocycling), and 5.0 (flow depletion/flow diversion)<br />

o Joel expressed concern in using the nesting data for drawing conclusions in Study 1.0.<br />

HDR asked what metric would be best to use for evaluating effects to terns and<br />

plovers? Nest counts? Fledge ratios?<br />

• All metrics have their flaws.<br />

o Nest counts may not be the best reflection of the success of a<br />

population because there may be nests that were counted that<br />

did not produce chicks or may have missed nests.<br />

o Fledge ratio is a difficult metric to collect accurately. This metric<br />

is often collected observationally, leaving the door open for<br />

several flaws, such as detectability issues, double-counting,<br />

other factors not taken into account.<br />

o Caution in relying too much on the limited amounts and limited<br />

accuracy of the data – may not be enough data to see a<br />

relationship, but doesn’t mean it’s not there<br />

o For Study 2.0, when making river comparisons, Casey Lott, USACE, may be a good<br />

contact to discuss the Red and Arkansas Rivers – he has done a lot of work on those<br />

river systems with terns<br />

o For Study 5.0, Joel expressed concern with the use of limited data on the <strong>Loup</strong> River<br />

There is extremely limited data on the <strong>Loup</strong> River<br />

Terns are colonial so there may be some major flaws with limiting the analysis<br />

of the <strong>Loup</strong> River to 5 miles upstream of the diversion<br />

V. Deadlines for Receiving Data from NGPC<br />

HDR asked how long it may take to receive the requested data from NGPC<br />

o Joel will talk with Rick Schneider about the requested data and get it too HDR/LPD as<br />

soon as possible<br />

o Melissa made the point that the revised study plan is to be submitted on the 27 th of July<br />

and there is a need for the data prior to this date. Can NGPC let HDR/LPD know what of<br />

the requested data is available by July 3 at the latest, with the actual data to follow<br />

ASAP?<br />

8404 Indian Hills Drive<br />

Omaha, NE 68114-4098<br />

Phone (402) 399-1000<br />

Fax (402) 399-1238<br />

www.hdrinc.com<br />

Page 2 of 3


VI. Action Items<br />

HDR Engineering, Inc.<br />

NGPC committed to at least letting HDR know exactly what data will be made<br />

available by July 3<br />

NGPC will get the data to HDR/LPD as soon as possible and will try to move<br />

quickly on this, but unable to set an exact date – Joel will be out of the office for<br />

the next two weeks, but will discuss with Rick Schneider<br />

Action Responsible <strong>Part</strong>y Due Date<br />

Contact Jeff Runge (USFWS) to request the river<br />

miles shapefile for the Platte River<br />

Melissa Marinovich, HDR June 10, 2009<br />

Discuss providing NGPC data with Rick Schneider Joel Jorgensen, NGPC June 10, 2009<br />

Provide information on the availability of requested<br />

data<br />

Joel Jorgensen, NGPC July 3, 2009<br />

Provide NGPC requested tern and plover data Joel Jorgensen, NGPC As soon as possible<br />

VII. Adjorn<br />

Meeting concluded at 3:18pm.<br />

8404 Indian Hills Drive<br />

Omaha, NE 68114-4098<br />

Phone (402) 399-1000<br />

Fax (402) 399-1238<br />

www.hdrinc.com<br />

Page 3 of 3


Selzle, Lydia<br />

From: Pillard, Matt<br />

Sent: Tuesday, June 23, 2009 12:14 PM<br />

To: frank.albrecht@nebraska.gov; john.bender@nebraska.gov; jeff_runge@fws.gov;<br />

robert_harms@fws.gov; barbara.j.friskopp@usace.army.mil; abaum@upperloupnrd.org;<br />

randy_thoreson@nps.gov; bob.puschendorf@nebraska.gov; jean.angell@nebraska.gov;<br />

mkuzila1@unl.edu; david.jundt@dhhs.ne.gov; jmiyoshi@lpnnrd.org;<br />

steve.chick@ne.usda.gov; pcclerk@megavision.com; cityadmin@cablene.com;<br />

ncpza@hamilton.net; rbishop@cpnrd.org; jwinkler@papionrd.org; lpsnrd@lpsnrd.org;<br />

jmangi@columbusne.us; cgenoa@cablene.com; monroe@megavision.com;<br />

calms@neb.rr.com; danno@nohva.com; mbrown9@unl.edu; rtrudell@santeedakota.org;<br />

jblackhawk@aol.com; vwills@pawneenation.org; CoraJones@bia.gov; msittler@lpsnrd.org;<br />

butchk@nctc.net; mohler@nctc.net; jmsunne@nppd.com; jalexand@usgs.gov;<br />

jjshadl@nppd.com; cothern.joe@epa.gov; justin.lavene@nebraska.gov;<br />

bobbie.wickham@nebraska.gov; kennyj@headwaterscorp.com; mferguson@gp.usbr.gov;<br />

Willie_Taylor@ios.doi.gov; Robert_F_Stewart@ios.doi.gov; jeddins@achp.gov;<br />

kenneth.sessa@dhs.gov; peggy.harding@ferc.gov; djjarecke@clarkswb.net;<br />

al.berndt@nebraska.gov; astuthman@leg.ne.gov; ksullivan@leg.ne.gov;<br />

clangemeier@leg.ne.gov; adubas@leg.ne.gov; Kim.Nguyen@ferc.gov;<br />

chairmanrhodd@ponca.com; asheridan@omahatribe.com; don_simpson@blm.gov;<br />

david.turner@ferc.gov; nicholas.jayjack@ferc.gov; mark.ivy@ferc.gov;<br />

jill.dolberg@nebraska.gov; prescott.brownell@noaa.gov; lewrightjr@gmail.com;<br />

thowe@ponca.com; zach_nelson@bennelson.senate.gov; julias@poncatribe2ne.org;<br />

todd.crawford@mail.house.gov; louis2pofahl@mail.house.gov;<br />

emily_brummund@johanns.senate.gov; deb.vanmatre@mail.house.gov;<br />

patricia.leppert@ferc.gov<br />

Cc: Angel Robak; Jim Frear; Neil Suess; Ron Ziola; Teresa Petr; Damgaard, Quinn V.; Engelbert,<br />

Pat; Frame, Gail; Grennan, Dennis E.; King, Wendy; Pillard, Matt; Richardson, Lisa (Omaha);<br />

Sigler, Bill; Waldow, George; White, Stephanie<br />

Subject: <strong>Loup</strong> <strong>Power</strong> <strong>District</strong> FERC Relicensing 2 Study Plan Information<br />

Relicensing <strong>Part</strong>icipants,<br />

Thanks to those of you who attended the study plan meetings on May 27 th & 28 th in Columbus. Transcripts of the<br />

discussion for each day have been posted on the project website at:<br />

http://www.loup.com/relicense/html/agencymeetingsresources.html.<br />

Additionally, the <strong>District</strong> has prepared a memo documenting the outcomes of the meeting and outlining the <strong>District</strong>’s<br />

intended approach related to the Goals, Objectives, and Activities for each of the aquatic resources studies (1 through 7<br />

and 12) based on the discussion from the meetings. This memo is also posted to the project website.<br />

I would also like to remind you that comments on the <strong>District</strong>’s Proposed Study Plan are due on June 26, 2009. Please<br />

submit your comments to the <strong>District</strong> at the following:<br />

Neal Suess, President/CEO<br />

Attn: Relicensing<br />

<strong>Loup</strong> <strong>Power</strong> <strong>District</strong><br />

PO Box 988<br />

2404 15 th Street<br />

Columbus, NE 68602<br />

Fax: (402) 564-0970<br />

relicense@loup.com<br />

Comments are due on June 26 th , in the interest of time, please fax your comments in addition to sending via mail or email.<br />

1


If you have any questions, feel free to give me a call.<br />

Regards,<br />

Matt Pillard, AICP<br />

Senior Environmental Planner<br />

HDR | ONE COMPANY | Many Solutions Sol<br />

8404 Indian Hills Drive | Omaha, NE | 6811424098<br />

Phone: 402.399.1186 | Cell: 402.689.5187| Fax: 402.399.1111<br />

Email: Matt.Pillard@hdrinc.com<br />

2


FWS-NE: 2009-594<br />

Ms. Kimberly Bose<br />

Federal Energy Regulatory Commission<br />

888 First Street, N.E., Room IA<br />

Washington, DC 20426<br />

United States Department of the Interior<br />

FISH AND WILDLIFE SERVICE<br />

Ecological Services<br />

Nebraska Field Office<br />

203 West Second Street<br />

Grand Island, Nebraska 68801<br />

June 24, 2009<br />

RE: U.S. Fish and Wildlife Service Review of the Proposed Study Plan for <strong>Loup</strong> River<br />

Hydroelectric Project, Federal Energy Regulatory Commission (Project Number<br />

1256)<br />

Dear Ms. Bose:<br />

The following comments provided by the U.S. Fish and Wildlife Service (Service) apply to the<br />

Proposed Study Plan (PSP) for the <strong>Loup</strong> River Hydroelectric Project (Project), Federal Energy<br />

Regulatory Commission (FERC), Project Number 1256 as revised at the PSP agency meetings<br />

on May 27 and 28, 2009. A Service letter dated February 9,2009, addressed the scope ofour<br />

review and identified resource management objectives for the PSP.<br />

The following comments on the current version ofthe PSP are structured to address the seven<br />

study request criteria as defined in the FERC document: Understanding the Study Criteria.<br />

Integrated Licensing Process dated April 6, 2005. The seven study criteria are as follows:<br />

(I) Describe the goals and objectives ofeach study proposal and the information to be<br />

obtained;<br />

(2) If applicable, explain the relevant resource management goals ofthe agencies or<br />

[ndian tribes with jurisdiction over the resource to be studied;<br />

(3) If the requester is a not resource agency, explain any relevant public interest<br />

considerations in regard to the proposed study;<br />

(4) Describe existing infol111ation concerning the subject of the study proposal, and the<br />

need for additional info1111ation;<br />

(5) Explain any nexus between project operations and effects (direct, indirect, and/or<br />

cumulative) on the resource to be studied, and how the study results would inform the<br />

development of license requirements;<br />

(6) Explain how any proposed study methodology (including any prefelTed data<br />

collection ane! analysis techniques, or objectively quantified information, and a


schedule including appropriate filed season(s) and the duration) is consistent with<br />

generally accepted practice in the scientific community or, as appropriate, considers<br />

relevant tribal values and knowledge; and<br />

(7) Describe considerations of level ofeffort and cost, as applicable, and why any<br />

proposed altel11ative studies would not be sufficient to meet the stated infonnation<br />

needs.<br />

The Service has applied specific comments under shldy criteria I through 7 toward each<br />

respective study objective. We do not intend to provide comments under study critelia 3<br />

because the Service is a nahlral resource agency.<br />

The Service appreciates the opportunity to provide comments on the PSP study objectives and<br />

methods and look forward to working with FERC and <strong>Loup</strong> <strong>Power</strong> <strong>District</strong> on the relicensing<br />

project. Should you have any questions regarding these comments, please contact Mr. Robel1<br />

Hanns or Jeff Runge within our office at (308) 382-6468, extension 17 or 22, respectively.<br />

Enclosure<br />

cc: FERC; Chicago, IL (Attn: Kim Nguyen)<br />

DNR; Lincoln, NE (Attn: Jean Angell)<br />

EPA; Kansas City, KS (Attn: Aim Lavel1y)<br />

EPA; Kansas City, KS (Attn: LaITy Shepard)<br />

EPA; Kansas City, KS (Attn: Joe Cothel11)<br />

FWS; Denver, CO (Attn: Dave Carlson)<br />

FWS; Denver, CO (Attn: Don Anderson)<br />

HDR; Milmeapolis, MN (Attn: George Waldow)<br />

LPD; Columbus, NE (Attn: Neil Suess)<br />

NDEQ; Lincoln, NE (Attn: JOIUl Bender)<br />

NGPC; Lincoln, NE (Attn: Frank Albrecht)<br />

NPS; St. Paul, MN (Attn: Randall Thorson)<br />

Sincerely,<br />

June M. DeWeese<br />

Nebraska Field Supervisor<br />

2


General Comments - Proposed Studv Plan for LOUD River Hvdroelectric Project<br />

Comment I. The Service does not SUppOl1 the Sedimentation Objective 4: To evaluate<br />

whether sandbar availability is limiting interior least tern and piping plover numbers on the<br />

lower Platte River. It would be difficult to associate tem and plover nesting on the lower Platte<br />

River to available sandbar habitat because the Platte River does not represent a discrete<br />

population segment for either species. As you know, these birds are wide-ranging species and<br />

can utilize habitats in several river systems in Nebraska, South Dakota, orth Dakota and<br />

elsewhere when its available. Habitat can be available on the Platte River, but not be utilized<br />

because the species is utilizing sandbar habitats along other areas such as the Lake Sakakawea<br />

shoreline in NOl1h Dakota. Once shoreline habitats disappear due to rising lake levels or<br />

vegetation encroachment, the species may utilize sandbar habitats on the Platte River. For the<br />

above reasons, an understanding of nesting habitat availability and selection at the population<br />

level is needed to determine iflower Platte River nesting habitat is limiting. Such an<br />

evaluation would appear to be outside the scope of this relicensing project. FUl1henllore, the<br />

CUlTent definition of"limiting" is based on existing populations which does not address<br />

population objectives as defined in species recovery plans (USFWS 1988; USFWS 1990). The<br />

Service believes that the methods in Sedimentation Objective 3 will serve as an adequate<br />

surrogate for proposed methods under the CUlTent objective because methods in Objective 3<br />

avoid the above study limitations.<br />

Comment 2. The Service does not support the Sedimentation Objective 5: To determine if<br />

sediment transpol1 is a limiting factor for pallid sturgeon habitat in the lower Platte River<br />

below the Elkhom River. It would be difficult to segTegate factors associated with sediment<br />

supply effects to pallid sturgeon habitat from other potential effects. We recommend a<br />

cautious approach when comparing sediment transport on other rivers used by the pallid<br />

sturgeon. The two most obvious choices of rivers possibly considered for comparison are the<br />

Missouri and Yellowstone rivers. However, sediment transport varies widely on the Missouri<br />

River due to the effect of the six mainstem dams above Sioux City, Iowa and the bank<br />

stabilization and navigation project from Sioux City to Saint Louis, Missouri. FUl1her, the<br />

Missouri River flows through a diversity of parent materials from its mouth to its headwaters in<br />

Montana. The Yellowstone River is also heavily influenced by a large quantity of bank<br />

stabilization and an ilTigation diversion weir. Finally, little is known about the availability of<br />

spawning habitat for the pallid sturgeon on any of the aforementioned rivers; a critical factor<br />

when making comparisons of pallid sturgeons on other river systems. The Service considers<br />

tasks under Sedimentation Objectives I and 2.<br />

Comment 3. The Service proposes modifications to Hydrocycling Objective 4 to include<br />

hydrocycling affects to fish community habitat.<br />

Comment 4. The Service does not support Flow Depletion and Flow Diversion Objective 3 as<br />

written. This objective should not only evaluate net consumptive losses associated with action<br />

alternatives, but the objective should also address how these net consumptive losses affect a<br />

representative hydrograph that would be used to compare the flow-related effects ofaction<br />

al ternati ves.<br />

3


Comment S. The Service does not support Flow Depletion and Flow Diversion Objective 4<br />

because the objective summarizes Interior least tern and piping plover nesting under present<br />

conditions. As stated in Flow Depletion and Flow Diversion Objective 2, action altemative<br />

affects to river stage at USGS streamgage sites is not an appropriate sun'ogate for flow-related<br />

affects to habitat. As such this infOimation does not reflect changes to sandbar habitats found<br />

in areas where the chaIUlei is generally broad and unconstricted. The Service proposes<br />

modifications to Objective 4 to include an evaluation flow-related effect ofaction altematives<br />

to Interior least tem and piping plover nesting for: a) the <strong>Loup</strong> River above and below the<br />

diversion weir; and b) the Platte River above and below the Project tailrace. The Service also<br />

recommends the addition ofthe whooping crane (Crus americalla) as a resource management<br />

species for Objective 4. Since flow-related habitat suitability criteria are similar, proposed<br />

methods to evaluate Project effects to least tern and piping plover would also be sufficient for<br />

the whooping crane.<br />

Comment 6. The Service does not support the objectives identified for Study 13 (PCBs).<br />

Limiting a PCB evaluation just to the Settlement Basin is inadequate and possibly unnecessary.<br />

The Settlement Basin is located in <strong>Loup</strong> River Canal segment LO 1-20200, a segment that has<br />

not been previously listed as impaired with PCBs. However, the middle segm nt of the <strong>Loup</strong><br />

River Canal (segment LP 1-21800) has been previously listed as impaired by PCBs (NDEQ,<br />

2004,2006,2008). Ifpast use of PCBs in hydro-electric generation (e.g., PCB oil in<br />

transformers) has resulted in PCB contamination ofsediment, such contamination would more<br />

likely exist downstream from the Monroe and Columbus powerhouses. For this reason, we<br />

recommend sediment sampling in the canals below the Monroe <strong>Power</strong>house<br />

Study objectives for a PCB assessment should not be limited to evaluating exposure pathways<br />

to least terns. The PCB study should evaluate PCB exposure pathways to piping plovers, pallid<br />

sturgeon and other aquatic and terrestrial receptors as previously stated in our September 18,<br />

2008, letter to <strong>Loup</strong> <strong>Power</strong> <strong>District</strong> and our February 9, 2009, letter to FERC. PCB sampling<br />

should also include recreational fish to screen for human health risk. We appreciate the<br />

commitment made by Mr. John Bender ofthe Nebraska Department of Environmental Quality<br />

to collect fish tissue for further PCB study in the <strong>Loup</strong> <strong>Power</strong> Canal. However, sampling of<br />

sediments as opposed to just fish tissues may allow for the identification of PCB source areas.<br />

Concentrations of PCBs in fish or suspended sediments can depend on the dispersal of PCBs<br />

ft'om sediment, which can vary greatly depending on changes in river flow (McCat1y, 2003).<br />

F1\I1hermore, fish tissue alone may not provide clear results because sampling can be<br />

influenced by collection success, fish age class, and use ofhabitats.<br />

The primary objective ofthe PCB study should be to detennine if sediments in the <strong>Loup</strong> <strong>Power</strong><br />

Canal are contaminated by PCBs. If PCBs are detected in sediments at concentrations of<br />

concern, then fUl1her study may be needed to evaluate risk to fish, wildlife, and human health.<br />

Comment 7. The Project does not provide adequate detail in regards to a schedule for<br />

conducting the study, and provisions for periodic progress rep0I1s, including manner for<br />

technical review and results. The Service requests that all study plan deliverables to include<br />

description of study methods and a summarization ofstudy results. Raw data should be<br />

4


supplied with study result summaries. The Service requests that an independent scientific<br />

review is conducted for any study implications or applications produced by Project contractors.<br />

Specific Comments - Proposed Studv Plan for <strong>Loup</strong> River Hvdroelectric Project<br />

Study 1.0 Sedimentation<br />

Objective 1. To characterize sediment transport in the <strong>Loup</strong> River bypass reach and in the<br />

lower Platte River through effective discharge calculations.<br />

Sllldv Criteria J. The Service supports the CUITent Objective I as revised in the May 28 and 29<br />

study plan meeting.<br />

Stlldv Criteria 2. The Service supp0l1S the inclusion ofthis study because potential Project<br />

effects to: a) least tem and piping plover nesting sandbar habitat in the <strong>Loup</strong> and Platte rivers;<br />

b) pallid sturgeon habitat in the Platte River; and c) fish community habitat in the <strong>Loup</strong> and<br />

Platte rivers.<br />

Stlldv Criteria 4.<br />

Recol?ll1lendations:<br />

a) Develop methods that would directly measure in-stream sediment supply contributions from<br />

the Project tailrace.<br />

b) Sediment supply estimates upstream of the Project diversion should be calibrated based on<br />

actual sediment dredged from the settling basin. Sediment supply contributions from small<br />

tributaries downstream of the Project diversion (e.g., Beaver Creek, Looking Glass Creek, etc.)<br />

should also be calibrated using similar methods.<br />

c) Implement methods to quantify the grain-size distribution ofsediment contributed from<br />

Beaver Creek, Looking Glass Creek, Chen·y/Dry Creek, and the Project tailrace. Tributaries<br />

with dominant grain sizes in the silt-to-clay range (less than 0.0625 mm) would not provide<br />

material that would contribute appreciably to bed-load, and therefore would not be important<br />

as sediment sources for sandbar construction in the lower Platte (Jason Alexander, U.S.<br />

Geological Survey [USGS]-Lincoln, Personal Communication, 2009). Sediment supply<br />

estimates from these tributaries should be adjusted based on information from grain-size<br />

distribution sampling.<br />

d) Quantify the volume ofdredged material that is deposited on the South Sand Management<br />

Area that contributes to the sediment supply in the <strong>Loup</strong> River below the Project diversion,<br />

e) Include Beaver Creek as one ofthe study sites. The USGS operates stream gage for Beaver<br />

Creek at Genoa. The streamgage has a long period of record and would better represent<br />

conditions for this sub-basin.<br />

5


Stlldv Criteria 5. An update ofthe Missouri River Basin Commission (MRBC) sediment<br />

budget would provide an adequate representation of the present condition. Sediment transport<br />

rates derived from effective discharge calculations will provide a generalized view ofsediment<br />

balance within the Project area for each ofthe action alternatives.<br />

Stlldv Criteria 6. While the calculation ofeffective discharge is conceptually straightforward,<br />

the estimate ofthis value is dependent upon the calculation procedure adopted (ASCE, 2007).<br />

Tlu'ee components that can effect the results include the time base (using mean daily vs. subdaily<br />

discharge), the selection ofclass intervals (e.g., ASCE recommends equal-width,<br />

arithmetic intervals ofless than y,; sample standard deviation), and the period ofrecord (ASCE<br />

recommends a period of record "sufficiently long enough to include a wide range of<br />

morphologically-significant flows). [n addition, the PSP references the use ofthe Unit Stream<br />

<strong>Power</strong> method and the Einstein method to predict sediment discharge in the Middle <strong>Loup</strong><br />

River. The Service is concerned about the mixing ofmethods without understanding the<br />

uncertainty associated with these methods.<br />

Recommelldatiolls:<br />

a) Apply different methods ofsediment discharge estimation that would quantify the range of<br />

uncertainty associated with these types ofcalculations. Estimates from developed sediment<br />

discharge rating curves could be compared against results developed by the MRBC and the<br />

USBR (2003).<br />

b) Effective discharge estimates of sediment transpol1 should be calculated for each node for a<br />

period ofrecord that includes wet and drought periods. Sediment transp0l1 estimates should<br />

assess the cumulative effects ofsediment surplus or deficit through wet and drought periods.<br />

c) Effective discharge calculations should include an evaluation ofsub-daily discharge effects<br />

to sediment transpol1 for nodes downstream ofthe Project tailrace. Evaluation ofsub-daily<br />

flows would reflect the intraday effects of hydrocycling.<br />

d) Effective discharge calculations needed to account for reasonably foreseeable effects to the<br />

hydrograph that would apply toward all action alternatives.<br />

Stlldv Criteria 7.<br />

The MRBC sediment budget would provide an adequate representation of sediment balance at<br />

a Missouri River sub-basin spatial scale. Estimating sediment yields from sub-watersheds by<br />

estimating the amount of sediment delivered from various erosion processes (sheet and rill,<br />

gully, and streambank) to create a river sediment budget has its limits as such estimates are<br />

notoriously unreliable (Kaspersen 2008).<br />

However, an improved level of precision is needed when evaluating Project effects of <strong>Loup</strong><br />

and Platte River sub-basin scale. Improved methods should be applied to better quantify<br />

sediment supply from the <strong>Loup</strong> River below the Project diversion and small tributaries within<br />

6


it (Beaver Creek, Looking Glass Creek, etc.). These tributaries were reported to be as large as<br />

the entire yield of the Platte River upstream ofthe confluence with the <strong>Loup</strong> River, and the<br />

total yield ofthe <strong>Loup</strong> River at Columbus was reported to be four times the sediment yield of<br />

the Platte upstream ofthe confluence. Service recommendations employing more refined<br />

method to calculate the sediment budget for the Project.<br />

Objective 2. To characterize stream morphology in the <strong>Loup</strong> River bypass reach and in the<br />

lower Platte River by reviewing existing literature on chalmel aggradation/degradation and<br />

cross sectional changes over time.<br />

Siudy Criteria J. The Service supports the current Objective 2 as revised in the May 28 and 29<br />

study plan meeting.<br />

Study Criteria 2. The Service supports the inclusion ofthis study because potential Project<br />

effects to: a) least tern and piping plover nesting sandbar habitat in the <strong>Loup</strong> and Platte rivers;<br />

b) pallid sturgeon habitat in the Platte River; and c) fish community habitat in the <strong>Loup</strong> and<br />

Platte rivers.<br />

Study Criteria 4. The Service suggests supplementing existing data from USGS gage sites with<br />

additional cross section measurements located at selected study sites. Ginting and Zeit (2008)<br />

characterized channel cross-sections as near-bridge sites, and the authors identified limitations<br />

when extrapolating cross-sections hydraulic information to beyond-bridge sites. Each study<br />

site would have systematic spaced channel cross-sections for the following locations: a) the<br />

<strong>Loup</strong> River upstream of the Project diversion; b) <strong>Loup</strong> River immediately downstream ofthe<br />

Project diversion; c) the Platte River below the <strong>Loup</strong> River confluence and above the Project<br />

tailrace; d) immediately downstream ofthe Project tailrace to approximately River Mile 96;<br />

and e) near the North Bend streamgage [River Mile 80 to 85]. The cross-sections could be<br />

sampled at locations where chaImel width and slope are relatively constant to reduce<br />

hydraulics-related variability.<br />

SllId\! Criteria 5. The Project has a direct effect on: a) least tern and piping plover nesting<br />

sandbar habitat in the <strong>Loup</strong> and Platte rivers; b) pallid sturgeon habitat in the Platte River; and<br />

c) fish community habitat in the <strong>Loup</strong> and Platte Rivers.<br />

Study Criteria 6. Responses ofchannel downstream ofdams or diversions can include channel<br />

bed degradation or incision, textural changes such as coarsening or fining ofsurface grain-size<br />

distributions, and lateral adjustments, including both expansion and contraction ofchannel<br />

width (Grant et al. 2003). A comparative approach ofgeomorphic indices, such as channel<br />

width, velocity, and cumulative depth distributions, should be conducted across study sites<br />

(e.g., compare stur!)'site d with sIudV siles c and e, or compare study site b against stue!v site a).<br />

Additionally, a longitudinal comparison of transects within a study site (e.g., study site c) could<br />

identify longitudinal trends in geomorphic indices.<br />

Stud\! Criteria 7. Inclusion of Service proposed methods are critical to the understanding direct<br />

effects of the Project on sediment transpolt. It might presume that bars would have lower top<br />

7


elevations, and be less extensive near the return, as compared with downstream bars because<br />

the local supply of sediment might be limiting relative to the transport capacity (Jason<br />

Alexander, USGS-Lincoln, personal communication, 2009; Grant et a!. 2003). More<br />

importantly, it also is expected that bars would erode at a faster rate over a season than those<br />

upstream ofthe tailrace, and the seasonal rate of bar erosion would diminish in the downstream<br />

direction below the tailrace as the river entrains sediment from the bed, bars, tributaries, and<br />

banks (although the banks of the Platte segment between the tailrace and orth Bend are<br />

extensively protected by liprap, which likely limits their erosion) (Jason Alexander, USGS­<br />

Lincoln, personal communication, 2009). The opposite effect may be in effect below the<br />

Project diversion where sediment transport varies seasonally and temporally.<br />

The highest erosion ofchannel bed, bars, and banks within the Project area are likely to occur<br />

at the tailrace where the clear water returns enter the Platte River. Similar clear water returns<br />

enter the central Platte River from the 12 return (USBR 2006). Effects ofthe clear water retUIl1<br />

are pronounced within the first 10 miles downstream ofthe retUIl1 with substantial reduction in<br />

impacts 30 miles downstream. This similar effect has been documented in other publications<br />

(Alexander et a!. 2009; Choi et a!. 2005; Elliot and Jacobson 2006; Grant et a!. 2003; Williams<br />

and Wolman, 1984). A statistically adequate sample would be needed to implement Service<br />

proposed methods and would not require the sampling ofevery bar.<br />

Objective 3. To determine if a relationship can be detected between sediment transp0l1<br />

parameters and Interior least tell1 and piping plover nest counts (as provided by NGPC).<br />

Study Criteria 1. The Service supports the CUtTent Objective I as revised in the May 28 and 29<br />

study plan meeting.<br />

Study Criteria 2. The Service supports the inclusion ofthis study because of potential Project<br />

effects to least tern and piping plover nesting sandbar habitat in the <strong>Loup</strong> and Platte rivers.<br />

Studv Criteria 4. The Service proposes the application for the following information to replace<br />

information proposed for the PSP. All known nest records for least tern and piping plover for<br />

the <strong>Loup</strong> River (Highway 61 Bridge to its confluence with the Platte River) and the Platte<br />

Rivcr (Highway 81 Bridge to Highway 79 Bridge) shall be summarized by river mile. River<br />

miles with more than one year of nesting should be separated from river miles with one or zero<br />

years ofdocumented nesting. Documented nesting should be subdivided into the following<br />

stream reaches: a) the <strong>Loup</strong> River from the Highway 61 Bridge to the Project diversion; b)<br />

<strong>Loup</strong> River below the Project diversion to its confluence with the Platte River; c) the Platte<br />

River below the <strong>Loup</strong> River confluence and above the Project tailrace; d) immediately<br />

downstream ofthe Project tailrace to approximately River Mile 96; and e) near the North Bend<br />

streamgage [River Mile 80 to 85].<br />

Additional information needed for this study would include Service proposed data collected<br />

under Sedimentation Objective 2.<br />

8


Studv Criteria 5. The Project has a direct effect on sediment supply in the bypass reach ofthe<br />

<strong>Loup</strong> and Platte rivers and a direct effect on sediment supply in the Platte River at and below<br />

the tailrace. Project effect to sediment supply may indirectly affect nesting habitat for the least<br />

tern and piping plover.<br />

Studv Criteria 6. The Service proposes the application for the following methods to replace<br />

information proposed for the PSP. Geomorphic indices collected from Sedimentation<br />

Objective 2 (i.e., channel width, velocity, and cumulative depth distributions) will be compared<br />

against the prop0l1ion of nesting frequency per river mile through ordination, discriminant<br />

fi.mction analysis or similar method.<br />

Studv Criteria 7. By definition, an effective discharge (or "dominant discharge") analysis, if<br />

properly implemented, identifies the river discharge that, on average during the period(s)<br />

evaluated, trctusported the greatest amount ofsediment. This is not the same as characterizing<br />

river morphology and habitat. It was identified at the May 27 and 28 study plan meeting that<br />

the application ofeffective discharge calculations could not be applied in a manner to<br />

effectively understand sandbar formation. Given the above uncertainties about effective<br />

discharge, it would be difficult to identify any relationship between effective discharge results<br />

to least tem and piping plover nesting. However, Service proposed methods under<br />

Sedimentation Objective 2 has shown that the long-telm effects ofdams and diversions on<br />

sediment transp0l1 can be documented (Alexander et at. 2009; Choi et at. 2005; Elliot and<br />

Jacobson 2006; Grant et at. 2003; USBR 2006; Williams and Wolman, 1984). The Service<br />

recognizes that study results under this objective will only provide a baseline description of<br />

nesting habitat and can not compare action alternatives. A comparison of nesting history with<br />

Sedimentation Objective 2 should provide a more rigorous evaluation of Project-related<br />

sediment effects to least tern and piping plover nesting.<br />

Objective 4. To evaluate whether sandbar availability is limiting Interior least tern and piping<br />

plover numbers on the lower Platte River.<br />

Studv Criteria J. The Service suggests the elimination of Objective 4. Please reference<br />

General Comment I for additional info1111ation.<br />

Objective 5. To determine if sediment transport is a limiting factor for pallid sturgeon habitat<br />

in the lower Platte River below the Elkhorn River.<br />

Studv Criteria J. The Service suggests the elimination ofObjective 4. Please reference<br />

General Comment 2 for additional information.<br />

Study 2.0 Hydl'ocycling<br />

Objective 1. To compare the sub-daily Project hydrocycling operation values (maximum and<br />

minimum flow and stage) to daily values (mean flow and stage). In addition to same-day<br />

9


comparisons, periods of weeks, months. and specific seasons of interest to protected species<br />

will be evaluated to characterize the relative degrees of variance between hydrocycling (actual)<br />

and alternative conditions in the study area.<br />

SlIidy Criteria I. The Service supports the CUITent Objective I as revised in the May 28 and 29<br />

study plan meeting.<br />

Study Criteria 2. The Service SUppOitS the inclusion ofthis study because potential Project<br />

effects to: a) least tem and piping plover nesting sandbar habitat in the Platte River; b) pallid<br />

sturgeon habitat in the Platte River; and c) fish community habitat in the Platte River.<br />

Study Criteria 4. The Service recommends additional infonnation to supplement the PSP.<br />

Results from the Bypass Reach Objective 2 would be needed to account for reasonably<br />

foreseeable effects to the hydrograph that would apply toward all action aitelllatives.<br />

Study Criteria 5. The Project has a direct effect on subdaily streamflow ofthe Platte River.<br />

Project effects to the Platte River hydrograph are cumulative to reasonably foreseeable non­<br />

Project effects to the hydrograph.<br />

Study Criteria 6. This PSP evaluation should not be based on CUlTent hydrologic baseline, but<br />

on projected hydrology derived from reasonably foreseeable effects to the hydrograph using<br />

results from Water Temperature in the Bypass Reach Objective 2.<br />

Study Criteria 7. Service proposed recommendations to Study Criteria 4 and 6 would only<br />

require additional work associated with Flow Depletion and Flow Diversion Objective 3.<br />

Objective 2. To detelllline the potential for nest inundation due to both hydrocycling and<br />

alternative conditions.<br />

Study Criteria J. The Service SUppOltS the CUtTent Objective 2 as revised in the May 28 and 29<br />

study plan meeting.<br />

Study Criteria 2. The Service suPPOtts the inclusion ofthis study because potential Project<br />

effects to least tern and piping plover nesting sandbar habitat in the Platte River.<br />

,<br />

Study Criteria 4. CUtTent infollllation USGS streamgage infollllation identified in the PSD is<br />

sufficient to fi.illy address Objective 2.<br />

SlIidt· Criteria 5. The Project has a direct effect on subdaily streamflow in the Platte River.<br />

Project effects to the Platte River hydrograph are cumulative to reasonably foreseeable non­<br />

Project effects to the hydrograph.<br />

SlIidy Criteria 6. This PSP evaluation should not be based on current hydrologic baseline, but<br />

on projected hydrology derived from reasonably foreseeable effects to the hydrograph using<br />

results from Water Temperature in the Bypass Reach Objective 2. It is recommended that<br />

10


FERC subdivide the evaluation of potential for nest inundation using the following time<br />

periods: a) prenesting from April 25 to May 31, and b) renesting is from June I through July<br />

IS.<br />

Stud!' Criteria 7. The only require additional work associated with Service proposed<br />

recommendations to Study Criteria 4 and 6 would be associated with Flow Depletion and Flow<br />

Diversion Objective 3. Restructuring the analysis to consider prenesting and renesting time<br />

periods would provide better insight regarding potential Project effects to nest inundation.<br />

Objective 3. To assess effects, ifany, ofhydrocycling on sediment transport parameters.<br />

Stud!' Criteria J. The Service supports the CUITent Objective 3 as revised in the May 28 and 29<br />

study plan meeting.<br />

Stud!' Criteria 2. The Service supports the inclusion of this study because potential Project<br />

effects to: a) least tern and piping plover nesting sandbar habitat in the Platte River; b) pallid<br />

sturgeon habitat in the Platte River; and c) fish community habitat in the Platte River.<br />

Stud!' Criteria 4. ClIITent infonnation USGS stream gage identified in the PSD is sufficient to<br />

fully address Objective 3.<br />

Stud!' Criteria 5. The Project has a direct effect on: a) least tern and piping plover nesting<br />

sandbar habitat in the Platte Rivers; b) pallid sturgeon habitat in the Platte River; and c) fish<br />

community habitat in the Platte Rivers.<br />

Stud)! Criteria 6. This PSP evaluation should not be based on CUITent hydrologic baseline, but<br />

on projected hydrology derived from reasonably foreseeable effects to the hydrograph using<br />

results fi'om Water Temperature in the Bypass Reach Objective 2. Service recommendations<br />

for Sedimentation Objective I (i.e., Effective discharge calculations should include an<br />

evaluation ofsub-daily discharge effects to sediment transport for nodes downstream of the<br />

Project tailrace) would also help to identify effects of hydrocycling on sediment transport<br />

parameters.<br />

Stud!' Criteria 7. The only additional work associated with Service proposed recommendations<br />

to Study Criteria 4 and 6 would be associated with Flow Depletion and Flow Diversion<br />

Objective 3.<br />

Objective 4. To identify material differences in potential effects on habitat ofthe fnterior least<br />

tern, piping plover, and pallid sturgeon.<br />

Stud!' Criteria J. The Service proposes modifications to Objective 4. Please review Service<br />

General Comment 3 for additional information.<br />

11


Stlldv Criteria 2. The Service supports the inclusion of this study because potential Project<br />

effects to least tern and piping plover nesting sandbar habitat in the Platte River. The Service<br />

also recognizes the potential Project effects to habitats for the pallid sturgeon and fish<br />

community.<br />

Stlldv Criteria 4. The Service recommends additional infonnation to supplement the PSP. The<br />

Service recommends that FERC include several study sites located at several locations from<br />

above the Project tailrace to Plattsmouth. Proposed study sites include reaches with<br />

documented least tern and piping plover nesting history near USGS streamgage sites.<br />

Proposed study sites include: a) the Platte River below the <strong>Loup</strong> River confluence and above<br />

the Project tailrace; b) immediately downstream of the Project tailrace; c) near the North Bend<br />

streamgage [River Mile 80 to 85); d) near the Leshara streamgage [River Mile 35 to 41]; and e)<br />

near the Louisville streamgage [River Mile 7 to 13]. Configuration of survey transects and<br />

data collection within each study segment should be similar to that ofthe Platte River<br />

Recovery Implementation Program's stage change study (HDR 2008). Habitat parameters<br />

collected across each transect should include: flow quantity, depth, velocity, sandbar<br />

elevation, and bed fonns (HDR 2008). Data collected within each study segment should be<br />

able to quantify parameters of least tem and piping plover nesting suitability including: a) area<br />

of bare sand per unit area; b) size distribution of sandbars; and c) position of sandbars [i.e.,<br />

point bars or mid-channel bars); d) depth and velocity (Kirsch 1996; Ziewitz et al. 1992).<br />

Stlldv Criteria 5. Project hydrocycling may have a direct effect on erosion of least tern and<br />

piping plover nesting sandbars by saturating the bars and banks during the daily high,<br />

increasing positive pore-water stresses on the material, then reducing the confining pressure<br />

during the daily low, causing the material slough (Jason Alexander, USGS-Lincoln, personal<br />

communication,2009). Project hydrocycling has a direct effect on pallid sturgeon and fish<br />

community habitat as a result of the intraday changes in river stage. Project effects to the<br />

Platte River hydrograph are cumulative to reasonably foreseeable non-Project effects to the<br />

hydrograph.<br />

Stlldv Criteria 6. The Service recommends additional infonnation to supplement the PSP.<br />

Additional methods should include the ability to collect and analyze data in Study Criteria 4.<br />

Configuration of survey transects and data collection within each study segment should be<br />

similar to that ofthe Platte River Recovery Implementation Program's stage change study<br />

(HDR 2008). Time frames for data collection would include: a) 1 st week March, b) 1 st week<br />

May, c) Ist week July, and d) Ist week August. Habitat parameters collected across each<br />

transect should include the following at a minimum: flow quantity, depth, velocity, sandbars,<br />

and bed forms (HDR 2008). Service also recommends that the PSP document changes to<br />

mesohabitat similarly to that of Peters and Parham (2008), HDR (2009) and provide a means to<br />

directly measure intraday effects of Project operations on pallid sturgeon and fish community<br />

habitat. Data collection should occur several times within a day to capture intraday effects of<br />

hydrocycling peaks and troughs. Collected information should evaluate: a) intraday Project<br />

hydrocycling effects to fish habitat at the microscale [i.e., depth and velocity] or mesoscale; b)<br />

intraday Project hydrocycling effects to least tern and piping plover suitability criteria; c)<br />

longitudinal effects of Project hydrocycling to fish habitat as the hydrocycle attenuates<br />

12


downstream; and d) longitudinal effects of Project hydrocycling on sandbar erosion as the<br />

hydrocycle attenuates downstream.<br />

Study Criteria 7. CUlTent USGS stream gage information identified in the PSD is insufficient to<br />

address Objective 4 because all proposed methods provide an indirect measure ofhydrocycling<br />

effects to least tern, piping plover, pallid sturgeon, and fish community habitat. Service<br />

recommends that the PSP apply microhabitat andmesohabitat similarly to that of Peters and<br />

Parham (2008), HDR (2009) and provide a means to directly measure intraday effects of<br />

Project operations on pallid sturgeon and fish community habitat. Similar methods have been<br />

implemented in the lower Platte River by the Project's consultant (H DR 2008; HDR 2009).<br />

Proposed Service methods also provide a means to assess longihldinal effects of least tern and<br />

piping plover sandbar erosion. [n absence of Service proposed methods, there is no means to<br />

directly measure direct effects of Project hydrocycling to habitat.<br />

Study 4.0 Water Temperature in the Bypass Reach<br />

Objective 1. To investigate the relationships between flow in the <strong>Loup</strong> River bypass reach,<br />

ambient air temperature, water temperature, relative humidity, and cloud cover.<br />

Study Criteria 1. The Service suppolis Objective I as revised in the May 28 and 29 study plan<br />

tneeting.<br />

Study Criteria 2. The Service sUppOliS the inclusion ofthis objective because potential Project<br />

effects to: a) temperature-related effects to least tern forage in the <strong>Loup</strong> and Platte rivers; and<br />

b) temperature-related effects to fish community in the <strong>Loup</strong> and Platte rivers.<br />

Study Criteria 4. The Service recommends additional infonnation to supplement the PSP.<br />

The Service supports the collect and review flow data at USGS Gage 06793000, <strong>Loup</strong> River<br />

near Genoa, NE, and USGS Gage 06792500, <strong>Loup</strong> River <strong>Power</strong> Canal near Genoa, NE. The<br />

Service recommends the addition of the USGS Gage 06792500, Beaver Creek at Genoa, NE,<br />

and USGS Gage 06774000, Platte River near Duncan, NE. The additional streamgage<br />

infonnation will assist FERC in segregating Project temperature-related effects on streamflow<br />

in the bypass reach from effects to streamflow not related to the Project.<br />

The Service supports the installation oftemperature sensors in the <strong>Loup</strong> River upstream ofthe<br />

Diversion Weir and in the <strong>Loup</strong> River bypass reach at USGS Gage 06793000, <strong>Loup</strong> River near<br />

Genoa, NE. The Service recommends that the temperature sensor above the Project diversion<br />

be located at an upstream segment of the river that is not affected by pooling from the<br />

diversion weir. The Service also recommends additional temperature gages for the following<br />

locations: a) the <strong>Loup</strong> River from the Beaver Creek confluence to the <strong>Loup</strong> mouth; and b)<br />

Platte River li'om the <strong>Loup</strong> River confluence to the Project tailrace. Service rationale for the<br />

additional water temperature sensors is provided in Study Criteria 6.<br />

Study Criteria 5. The Project has a direct effect on streamflow in the bypass reach of the <strong>Loup</strong><br />

and Platte rivers. As written, the associated studies under Objective I will provide a baseline<br />

13


evaluation ofstreamflow and water temperature. Objective 2 will evaluate different action<br />

alternative streamflow affects to temperature.<br />

Stud)! Criteria 6. The Service views the Projects bypass reach as three separate and discrete<br />

study reaches. This first study reach is from the <strong>Loup</strong> River downstream of the Project<br />

diversion to the Beaver Creek confluence. Because Beaver Creek provides inflows that may<br />

confound the statistical relationship between Project effects and temperature, it is<br />

recommended that the <strong>Loup</strong> River from the Beaver Creek confluence to the <strong>Loup</strong> mouth be<br />

evaluated as a discrete study reach where temperature-related effects of Beaver Creek<br />

streamflow is accounted for when evaluating action alternative streamflow-related effects on<br />

temperature. The Platte River from the <strong>Loup</strong> River confluence to the Project tailrace would be<br />

the third discrete study reach. Project-related effects to streamflow in this study segment are<br />

confounded by the inflows from the Beaver Creek and the Platte River. The separation of the<br />

bypass reach into tlu'ee study reaches will provide a better understanding of streamflow effects<br />

to temperature because each segment has different hydrology for which to compare<br />

temperature responses against.<br />

Cun'ent methods described in the study plan do not directly test effects of streamflow bypass<br />

on temperature. It may be difficult to evaluate altematives to the existing minimum bypass of<br />

50 to 75 cfs ifexceedences of these minimum bypass flows rarely occur. Therefore, the<br />

Service strongly suggests changes in Project diversions to directly test the effects of bypassed<br />

flows on temperature. If changes in Project operations are not supported by FERC, then the<br />

Service proposed supplements to stream gages and temperature sensors would be critical<br />

components in evaluating how different flow regimes in each respective study reach will affect<br />

water temperature.<br />

The Service supports concepts in Task 3 of the PSP and recommends that applied methods to<br />

implement Task 3 should also include methods applied to the central Platte River (Sinokrot and<br />

Gulli ver 2000). Methods should include percent probability of exceedence of the NOEQ<br />

temperature standard and should be applied to all three study reaches. The Service also<br />

recommends that the PSP include an evaluation ofexceedences of35 0 C which represents a<br />

critical thermal maximum applied by Sinokrot and Gulliver (2000).<br />

Stud)! Criteria 7. Methods proposed in the PSP do not adequately characterize the Project<br />

effects to temperature within the bypass reach. Beaver Creek and the Platte River add flow<br />

variability within the Project bypass reach. Service proposed study reaches will segregate the<br />

effects ofadditional Beaver Creek and Platte River effects on streamflow. Service suggested<br />

additions to methods are reflective of published, peer reviewed methods for the central Platte<br />

River.<br />

Objective 2. To describe and quantify the relationship, ifany, between diversion of water into<br />

the <strong>Loup</strong> <strong>Power</strong> Canal and water temperature in the Study Reach ofthe <strong>Loup</strong> River bypass<br />

reach.<br />

14


Swdv Criteria J. The Service supports Objective 2 as revised in the May 18 and 29 study plan<br />

meeting.<br />

Swdl' Criteria 2. The Service supports the inclusion of this study because of potential Project<br />

effects to: a) least tem and piping plover nesting sandbar habitat in the <strong>Loup</strong> and Platte rivers;<br />

b) pallid sturgeon habitat in the Platte River: and c) fish community habitat in the <strong>Loup</strong> and<br />

Platte rivers.<br />

Stlldv Criteria 4. The Service recommends additional infomlation to supplement the PSP.<br />

Results from the Bypass Reach Objective 2 would be needed to account for reasonably<br />

foreseeable effects to the hydrograph that would apply toward all action altematives.<br />

Stlld)" Criteria 5. The Project has a direct effect on streamflow in the bypass reach ofthe <strong>Loup</strong><br />

and Platte rivers which may affect nesting habitat for the least tem and piping plover in<br />

addition to affecting habitat for the fish community. lnfonnation collected under Objective I<br />

should help to differentiate temperature-related effects ofaction alternatives that have diffeling<br />

streamflow regimes in the bypass reach ofthe <strong>Loup</strong> and Platte rivers.<br />

Stlldv Criteria 6. The Service recommends that the bypass reach be subdivided into three<br />

separate and discrete study reaches. Service also suppOl1S changes in Project diversions to<br />

directly test the effects of bypassed flows on temperature. It is also recommended that the PSP<br />

compare action alternatives effects on temperature in the bypass reach. A comparison of action<br />

alternatives should not be based on current hydrology, but on projected hydrology derived<br />

from Flow Depletion and Flow Diversion Objective 3.<br />

Stlldv Criteria 7. Methods proposed in the PSP do not adequately characterize the Project<br />

effects to temperature within the bypass reach. Beaver Creek and the Platte River add flow<br />

variability within the Project bypass reach. Service proposed study reaches will segregate the<br />

effects ofadditional Beaver Creek and Platte River effects on streamflow.<br />

Study 5.0 Flow Depletion and Flow Diversion<br />

Objective 1. To detemline the net consumptive losses associated with Project operations<br />

compared to altemative conditions.<br />

Swdv Criteria J. The Service suppOl1S Objective I as revised in the May 28 and 29 study plan<br />

meeting.<br />

Swdv Criteria 2. The Service suppOl1S the inclusion of this study because of potential Project<br />

effects to: a) least tern and piping plover nesting sandbar habitat in the <strong>Loup</strong> and Platte rivers;<br />

b) pallid sturgeon habitat in the Platte River; and c) fish community habitat in the <strong>Loup</strong> and<br />

Platte ri verso<br />

Studv Criteria 4. Current information identified in the PSP is sufficient to fully address<br />

Objective I.<br />

15


Stud" Criteria 5. The Project has a direct effect on streamflow in the bypass reach ofthe <strong>Loup</strong><br />

and Platte livers, and the Platte River below the tailrace. Project effects to the <strong>Loup</strong> and Platte<br />

river hydrograph are cumulative to reasonably foreseeable non-Project effects to the<br />

hydrograph. It was not specifically stated in the PSP ifcanal diversions for ilTigators or<br />

diversions into Lost Creek were discretionary Project actions that were subject to review in the<br />

relicensing process.<br />

Stud" Criteria 6. The proposed Objective I methods as described in the Study Plan would be<br />

sufficient in characterizing the present condition. However, the methods section does not<br />

describe in detail how this information will be used to evaluate alternative conditions.<br />

Objective 2. To use current and historic USGS gage rating curves to evaluate change in stage<br />

in the <strong>Loup</strong> River bypass reach during Project operations and compare against alternative<br />

hydrographs.<br />

Stud" Crireria 1. The Service supports Objective 2 as revised in the May 28 and 29 study plan<br />

tneeting.<br />

Stud" Criteria 2. The Service supports the inclusion ofthis study because of potential Project<br />

effects to: a) least tern and piping plover nesting sandbar habitat in the <strong>Loup</strong> and Platte rivers;<br />

b) pallid sturgeon habitat in the Platte River; and c) fish community habitat in the <strong>Loup</strong> and<br />

Platte ri verso<br />

Stud" Criteria 4. Current information identified in the PSP is sufficient to fully address<br />

Service's proposed modifications to Objective 2.<br />

Stud" Criteria 5. The Project has a direct effect on river stage in the bypass reach of the <strong>Loup</strong><br />

and Platte rivers and the Platte River below the tailrace. Project effects to the <strong>Loup</strong> and Platte<br />

river hydrograph are cumulative to reasonably foreseeable non-Project effects to the<br />

hydrograph.<br />

Stud" Criteria 6. The proposed Objective 2 methods as described in the Study Plan would be<br />

sufficient in characterizing the present condition. However, the methods section does not<br />

describe in detail how this infoll11ation will be used to evaluate alternative conditions. A<br />

comparison action alternatives effects to river stage should not be based on CUITent hydrology,<br />

but on projected hydrology derived from reasonably foreseeable effects to hydrology<br />

developed by Flow Depletion and Flow Diversion Objective 3.<br />

Objective 3. To evaluate historic flow trends on the <strong>Loup</strong> and Platte rivers since Project<br />

inception.<br />

Stud" Criteria 1. The Service proposes modifications to Objective 3. Please review Service<br />

General Comment 4 for additional information.<br />

16


Study Criteria 2. The Service suppOl1S the inclusion ofthis study objective because of<br />

potential Project effects to: a) least tern and piping plover nesting sandbar habitat in the <strong>Loup</strong><br />

and Platte rivers; b) pallid sturgeon habitat in the Platte River; and c) fish community habitat in<br />

the <strong>Loup</strong> and Platte ri verso<br />

Study Criteria 4. The Service recommends additional infonnation to supplement the PSP. In<br />

addition to Ginting et al. (2007), it is recommended that FERC consider historic flow trend<br />

infonnation in Parham (2007). Service recommended a modification to the study objective<br />

that would evaluate how these net consumptive losses would affect a representative<br />

hydrograph for each ofthe action altematives. This evaluation should not be based on current<br />

hydrology, but on projected hydrology derived fi'om non-Project reasonably foreseeable effects<br />

to hydrology. Documents that would quantify reasonably foreseeable effects to hydrology<br />

would include the NDNR (2009) and USDOI (2006).<br />

SllIdy Criteria 5. The Project has a direct effect on streamflow in the bypass reach ofthe <strong>Loup</strong><br />

and Platte rivers. Project effects to the <strong>Loup</strong> and Platte river hydrograph are cumulative to<br />

reasonably foreseeable non-Project effects to the hydrograph. It was not specifically stated in<br />

the PSP ifcanal diversions for irrigators or diversions into Lost Creek were discretionary<br />

Project actions that were subject to review in the relicensing process.<br />

SllIdy Criteria 6. The proposed methods as described in the Study Plan would not be sufficient<br />

in addressing Objective 3. Service recommends additional methods that would evaluate how<br />

these net consumptive losses affect a representative hydrograph for each ofthe action<br />

alternatives. This evaluation should not be based on current hydrologic baseline, but on<br />

projected hydrology derived from reasonably foreseeable effects to the hydrograph.<br />

Study Criteria 7. Since the representative hydrographs will be applied to methods addressing<br />

other study objectives, it is critical that representative hydrographs are developed to evaluate<br />

flow-related effects of action alternatives.<br />

Objective 4. To detemline the extent of Interior least tem and piping plover nesting on the<br />

<strong>Loup</strong> River above and below the Diversion Weir.<br />

SllIdy Criteria J. The Service proposes modifications to Objective 4. Please review Service<br />

General Comment 5 for additional information.<br />

Stuc!l' Criteria 2. The Service suppOl1S the inclusion ofthis study objective because of<br />

potential Project effects to least tern and piping plover nesting sandbar habitat in the <strong>Loup</strong> and<br />

Platte rivers and whooping crane migration habitat in the <strong>Loup</strong> River.<br />

SllIdy Crit, "ia 4. The Service recommends that FERC include several study sites located along<br />

the <strong>Loup</strong> and Platte rivers. Proposed study sites include: a) the <strong>Loup</strong> River upstream ofthe<br />

Project diversion; b) the <strong>Loup</strong> River immediately downstream of the Project tailrace; and c) the<br />

Platte River below the <strong>Loup</strong> River confluence and above the Project tailrace. Data collected<br />

17


within each study segment should be able to quantify parameters of least tern and piping plover<br />

nesting suitability and whooping crane roost suitability, including: a) area of bare sand per unit<br />

area; b) size distribution ofsandbars; and c) position ofsandbars [i.e., point bars or midchannel<br />

bars]; d) depth and velocity; e) wetted width; d) unobstructed width (Farmer et al.<br />

2004; Kirsch 1996; Ziewitz et al. 1992).<br />

Studv Criteria 5. The Project has a direct effect on streamflow in the bypass reach ofthe <strong>Loup</strong><br />

River which would directly affect habitats for the fish community. Project effects to the <strong>Loup</strong><br />

River streamflow are cumulative to reasonably foreseeable non-Project effects to the<br />

hydrograph.<br />

Studv Criteria 6. The Service supports existing methods in the PSP to develop a baseline for<br />

least tem and piping plover nesting history. Photo interpretation of land cover changes over<br />

time can show long-term, large-scale changes in active channel area (Johnson 1994, Eschner<br />

1983). However, the PSP should also address the direct relationship between flow and nesting<br />

habitat suitability criteria. The Service also suggests collection ofdata when flows exceed<br />

minimum bypass of 50 to 75 cfs to test the effects ofdifferent Project bypass alternatives on<br />

species' suitability indices. A comparative approach of microscale or mesoscale indices should<br />

be conducted across study sites (e.g., compare study site a with study site b, or study site c with<br />

stuc!)! site e).<br />

Studv Criteria 7. The PSP does not provide a direct comparison between streamflow in the<br />

bypass reach and habitat suitability criteria for least tern and piping plover nesting or for<br />

whooping crane roosting habitat. The currently proposed evaluation of nesting on the <strong>Loup</strong><br />

River above and below the Diversion Weir provides an indirect measure of habitat suitability.<br />

Nesting information for the <strong>Loup</strong> River above and below the Project diversion weir will not<br />

provide an understanding ofaction alternative flow-related impacts to least tem and piping<br />

plover habitat suitability. Proposed Service methods should provide a direct comparison for<br />

areas impacted by the Project diversion versus areas not impacted. This understanding<br />

between discharge and nesting/roosting habitat can then be applied to evaluate action<br />

alternatives.<br />

The Service recognizes that it may be difficult to evaluate alternatives to the existing minimum<br />

bypass of 50 to 75 cfs if exceedences of these minimum bypass flows rarely occur. Therefore,<br />

the Service strongly suggests that the PSP prioritize data collection during times when<br />

minimum bypass diversions are exceeded. The Service also suggests changes in Project<br />

diversions to directly test the effects of bypassed flows on fish community habitat.<br />

Objective 6. Determine the relative significance ofthe <strong>Loup</strong> River bypass reach to the overall<br />

<strong>Loup</strong> Ri vel' fishery.<br />

Studv Criteria I. The Service supports Objective 2 as revised in the May 28 and 29 study plan<br />

meeting.<br />

SlUdv Criteria 2. The Service supports the inclusion ofthis study objective because potential<br />

Project affects to the fish community habitats in the <strong>Loup</strong> and Platte rivers.<br />

18


Swdv Criteria 4. The Service suggests supplementing data proposed on the PSP with<br />

additional cross section measurements located at selected study sites. Each study site would<br />

have systematic spaced channel cross-sections for the following locations: a) the <strong>Loup</strong> River<br />

upstream ofthe Project diversion; b) <strong>Loup</strong> River immediately downstream ofthe Project<br />

diversion; c) the Platte River below the <strong>Loup</strong> River confluence and above the Project tailrace;<br />

d) immediately downstream of the Project tailrace to approximately River Mile 96; and e) near<br />

the I orth Bend streamgage [River Mile 80 to 85]. Time frames for data collection would<br />

include: a) I"week March, b) I"week May, c) I"week July, and d) I"week August. Habitat<br />

parameters collected across each transect should include the following at a minimum: flow<br />

quantity, depth, velocity, sandbars, and bed f0ll11S (Ginting and Zeit 2008; HDR 2008). Service<br />

also recommends that the PSP delineate mesohabitat similarly to that of HDR (2009).<br />

Studv Criteria 5. The Project has a direct effect on streamflow in the bypass reach ofthe <strong>Loup</strong><br />

River which would directly affect habitats for the fish community. Project effects to the <strong>Loup</strong><br />

River streamflow are cumulative to reasonably foreseeable non-Project effects to the<br />

hydrograph.<br />

Studv Criteria 6. The Service recommends that the PSP should address the direct relationship<br />

between streamflow in the bypass reach and habitat suitability criteria for the fish community.<br />

The Service also suggests collection ofdata when flows exceed minimum bypass of 50 to 75<br />

cfs to test the effects of Project bypass to fish habitat at the microscale [i.e., depth and velocity]<br />

and mesoscale. A comparative approach ofmicroscale or mesoscale indices should be<br />

conducted across study sites (e.g., compare swdy site a with study site b, or study site c with<br />

study site e).<br />

Studv Criteria 7. CllITently, the PSP does not provide a direct comparison between streamflow<br />

in the bypass reach and habitat suitability criteria for the fish community. Proposed Service<br />

methods should provide a direct comparison for areas impacted by the Project diversion versus<br />

areas not impacted. This understanding between discharge and fish habitat can then be applied<br />

to evaluate action altematives. Similar methods have been implemented in the lower Platte<br />

River by the Project's consultant (HDR 2008; HDR 2009).<br />

The Service recognizes that it may be difficult to evaluate alternatives to the existing minimum<br />

bypass of50 to 75 cfs ifexceedences ofthese minimum bypass flows rarely occur. Therefore,<br />

the Service strongly suggests that the PSP prioritize data collection during times when<br />

minimum bypass diversions are exceeded. The Service also suggests changes in Project<br />

diversions to directly test the effects of bypassed flows on fish community habitat.<br />

Study 13,0 PCBs<br />

Objective L To determine if PCBs are present in the Settling Basin.<br />

Objective 2, To detennine if small fish discharged to the North Sand Management Area<br />

contain PCBs.<br />

Objective 3. If PCBs are detected in small fish dredged onto the North Sand<br />

19


Management Area, detelmine the potential effect on least terns.<br />

Studv Objective 1. Study Objective I limits the PCB assessment to the upper end ofthe <strong>Loup</strong><br />

<strong>Power</strong> Canal (Settlement Basin). Objective I does not identify what matrix (i.e., sediment,<br />

fish, invertebrates, eggs) are to be evaluated for the presence ofPCBs.<br />

Recommendation. Change Objective I to read as follows: "To measure PCBs in sediment and<br />

biota present in the Project Area."<br />

Study Objectives I and 2 limit the PCB assessment to forage fish for least terns and would not<br />

include other species ofconcern such as piping plover, pallid sturgeon, and recreational fishes.<br />

Furthermore, the least tern prey assessment would focus on the upper <strong>Loup</strong> River Canal which<br />

is not impaired by PCBs. The current study objectives for a PCB assessment would not<br />

adequately evaluate exposure pathways to species ofconcern.<br />

Recommendation. Combine Objectives I and 2 to read as follows: "To evaluate <strong>Loup</strong> River<br />

Canal PCB exposure pathways and effects to least tern, piping plovers, pallid sturgeon and<br />

other aquatic and terrestrial receptors ofmanagement importance.<br />

Studv Criteria 2. The Service supports the inclusion ofa PCB assessment that includes<br />

analysis ofsediments because ofpotential Project effects to: a) least tem and piping plover in<br />

the <strong>Loup</strong> and Platte rivers; b) pallid sturgeon in the Platte River; and c) aquatic and aquaticdependent<br />

fish and wildlife communities in the <strong>Loup</strong> and Platte rivers.<br />

Studv Criteria 4. Existing data indicates PCB contamination in the Project area. Pages 5-36 ­<br />

5-38 ofthe PAD indicate that three ofthe most recent 303(d) reports (i.e., 2004, 2006, and<br />

2008) identify PCBs as an aquatic life impainnent for two stream segments within the Project<br />

area. The two PCB impaired segments are the <strong>Loup</strong> River Canal middle segment (LP 1-21800)<br />

and the lower Platte River segment (LP 1-20000). Three of8 samples collected from 1993 ­<br />

1998 had PCB concentrations above the 110 micrograms per kilogram (llg/kg) guideline for<br />

fish-eating wildlife (Newell et al. 1987). Most recently, two composite fish samples collected<br />

from LPI-21800 in 2005 had PCB concentrations of61 llg/kg and 4211g/kg. EPA's<br />

recommended screening value for recreational fishers is 20 llg/kg (USEPA, 2000).<br />

Recreational fishing is important in the area and <strong>Loup</strong> <strong>Power</strong> <strong>District</strong>'s persolUlel maintain<br />

recreational parks throughout the year (http://www.loup.com/recreate.asp). Many of these<br />

parks advertise fishing and fishing opportunities also exist in areas with public access to the<br />

canals and lakes. Channel catfish and flathead catfish are identified as recreationally important<br />

aquatic species associated with the <strong>Loup</strong> River Canal segment LP J-21800 (NDEQ, 2009).<br />

Existing data is limited to only fish tissue concentrations ofPCBs and does not include all of<br />

the surface water segments in the Project area. Additional fish tissue data are needed for<br />

segments ofthe Project area that have not been previously evaluated. Data on concentrations<br />

of PCBs in sediment are needed to adequately evaluate PCB contamination in the Project area.<br />

20


ReCOl1l111 elIdati 0115:<br />

I) Obtain more fish tissue residue data to evaluate PCB exposure and effects from<br />

recreational fishing in the Project area. Fish species that are likely targeted by anglers<br />

should be considered for PCB analysis to evaluate risk to human health.<br />

2) Sample for PCBs in sediment. Measuring PCBs in sediment have an advantage over<br />

measuring PCBs in fish tissue and water by allowing for the potential identification of<br />

PCB contaminated hot spots or source areas. Fish and other biota do not always reflect<br />

localized PCB source conditions and concentrations of PCBs in fish decrease with<br />

distance away from the source (Sloan et aI., 2002). Proposed PCB sampling in<br />

sediment will not result in a large-scale release of PCB in the water column.<br />

If PCB source areas exist within the canal and are not sufficiently addressed, it could result in<br />

unnecessarily prolonged exposure to sensitive species as well as recreational fish and<br />

subsequent detrimental human health effects.<br />

Studv Criteria 5. PCB contaminated sediments in the Project area could result in direct effects<br />

to fish and wildlife species within the Project area and downstream. PCBs have a tendency to<br />

bioaccumulate in aquatic organisms and can adversely affect fish and avian reproduction.<br />

Fish-eating predators may be especially at risk ofexposure to PCBs from bioaccumulation<br />

across food-chain pathways; therefore, the Service is especially concerned with PCB exposure<br />

and effects to federally endangered least terns and pallid sturgeon. Adverse reproductive<br />

effects in fish exposed to PCBs are well documented and include ovarian atresia, decreased egg<br />

viability, and reduced growth of larvae (Niimi, 1996). A study conducted by the Service to<br />

evaluate contaminant exposure and effects to shovelnose sturgeon and pallid sturgeon in the<br />

lower Platte River identified PCBs as a contaminant ofconcern (Schwarz et aI., 2006).<br />

If the Project area has PCB contaminated sediments, then action alternatives under EPA<br />

could represent: a) change in Project operations by <strong>Loup</strong> <strong>Power</strong> <strong>District</strong> would be instrumental<br />

in how PCBs are dispersed, removed, and otherwise managed transpOit of PCBs from sediment<br />

to the water column, b) changes in hydrocycling that minimizes sediment removal from PCB<br />

contaminated sites, or c) direct removal of PCB contaminated sediments. Human health<br />

advisories may need to be posted in areas that offer public access to recreational fishing.<br />

Swdv Criteria 6. Numerous studies have measured PCBs in sediment to identify PCB sources<br />

and evaluate risk to fish and wildlife (Ashley and Baker, 1999, Howell et aI., 2008, Kim et aI.,<br />

2008; Moon et aI., 2009; Pozo et aI., 2009). Sediment removal has been perfoll11ed at many<br />

river sites contaminated by PCBs, including the Hudson River, NY; Fox River and Sheboygan<br />

River, WI; Kalamazoo River, MI; Ashtabula River, Ohio; and more. Removing residual PCB<br />

contaminated sediments has provided net environmental benefits at the PCB contaminated<br />

Hudson River site (Sloan, 2002).<br />

PCBs in sediment can continue to be transported downstream in the water column; however,<br />

the amount of PCB transported varies greatly with location and among locations depending on<br />

seasonal and inter-annual changes in river flow (McCarty, 2003). Such changes may not be<br />

21


evident ifa PCB assessment is limited to grab sample collections of suspended sediments in<br />

the water column or fish tissues.<br />

Freshwater sediment quality guidelines and benchmarks for PCBs have been developed by the<br />

National Oceanic and Atmospheric Administration (NOAA, 1991 and 2008).<br />

Ontario Ministry of the Environment (OME, 1992), and the U.S. Environmental Protection<br />

Agency (US EPA, 2000 and 2001). These guidelines can be used to evaluate PCB<br />

concentrations in sediments from the Project area and risk to aquatic-dependent species.<br />

Stud\! Criteria 7. According to the Service's Analytical Control Facility, the 2009 cost for<br />

measuring PCBs in a sediment sample is $315 - $360 per sample (depending on which contract<br />

lab is selected) compared to $340 - $416 for tissue samples (ACF, 2009). Therefore, a mixed<br />

sampling design that includes sediment and fish tissue could actually cost less. Sediment<br />

sampling costs less and would likely require a lower level of effol1 than biotic sampling.<br />

If the PCB study objectives are left unchanged, data on PCBs would be limited to small fish<br />

from the upper canal segment and would not allow for source determination or screening for<br />

the protection of human health. The CUITent study objectives would not evaluate PCB exposure<br />

pathways to pallid sturgeon, least tems or piping plovers in the downstream lower Platte River<br />

segment (LP 1-20000), a segment currently listed as impaired by PCBs.<br />

22


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American Society ofCivil Engineers (ASCE), 2007, Sedimentation Engineering, Updated<br />

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Environmental Quality. Shepherdstown, West Virginia. http://chemistry.fws.gov/<br />

Ashley JTF, Baker JE. 1999. Hydrophobic organic contaminants in surficial sediments of<br />

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25


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degradation along the central Platte River: 1985 to 2005-U.S. Department ofthe<br />

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contaminant data for lise in fish advisories. Office ofWater. EPA 823-B-00-008.<br />

u.s. EnvirolUnental Protection Agency (USEPA). 2001. Ecological screening values. USEPA<br />

Region 4. http://www.epa.gov/region4/waste/ots/ecolbul.htm#tbI3<br />

u.s. Fish and Wildlife Service (USFWS). 1988. Great Lakes and northern Great Plains piping<br />

plover recovery plan. U.S. Fish and Wildlife Service, Twin Cities, MN. 160pp.<br />

u.S. Fish and Wildlife Service. 1990. Recovery plan for the interior population ofthe least<br />

tern (Sterna antillarum). U.S. Fish and Wildlife Service, Twin Cities, MN.<br />

Ziewitz, J.W., J.G. Sidle, and U. Dinan. 1992. Habitat conservation for least terns and piping<br />

plovers on the Platte River, Nebraska. Prairie Naturalist 24(1): 1-20.<br />

26


Selzle, Lydia<br />

From: Albrecht, Frank [frank.albrecht@nebraska.gov]<br />

Sent: Friday, June 26, 2009 2:23 PM<br />

To: Neil Suess; relicense@loup.com<br />

Cc: Tunink, Dave; Holland, Richard; Koch, Michelle; Pillard, Matt; Ron Ziola; Damgaard, Quinn V.;<br />

Engelbert, Pat; Richardson, Lisa (Omaha); Waldow, George; jeff_runge@fws.gov;<br />

robert_harms@fws.gov; Jorgensen, Joel; Albrecht, Frank; Nelson, Kirk; Grell, Carey;<br />

Schuckman, Jeff<br />

Subject: <strong>Loup</strong> <strong>Power</strong> <strong>District</strong> FERC Relicensing = Study Plan Information<br />

Dear Mr Suess,<br />

Nebraska Game & Parks Commission staff members would like to thank you for the opportunity to work with<br />

you on the development of the Study Plan associated with the <strong>Loup</strong> <strong>Power</strong> <strong>District</strong>! FERC relicensing.<br />

Recently, we were able to contribute information for the proposed studies at several meetings held in Columbus<br />

(May 11, May 27!28, 2009). Also, please reference letters dated September 23, 2008 (Kristal Stoner to Melissa<br />

Marinovich), a joint letter developed by the US Fish and Wildlife Service and the NGPC (letter dated July 21,<br />

2008), and a letter dated February 6, 2009 (Frank Albrecht to Kimberly Bose, FERC) for a detailed description<br />

of our earlier comments and concerns.<br />

During the May 11 th meeting, one of the proposed studies, a Recreational User Survey, was discussed in detail.<br />

There was a recommendation to modify the survey to include the <strong>Loup</strong> <strong>Power</strong> <strong>District</strong> Wildlife Management<br />

Area which is managed by the Nebraska Game & Parks Commission. Including this Wildlife Management<br />

Area in the survey would provide some interesting information. However, we believe that it is not necessary to<br />

include the area in the survey at this time. If FERC requires the modification, we would be happy to assist any<br />

way we can.<br />

The other studies outlined in the plan will address Sedimentation, Hydrocycling, Water Temperature in the<br />

<strong>Loup</strong> River Bypass Reach, Flow Depletion and Diversion, Fish Passage, Land Use Inventory, Section 106<br />

Compliance, and Ice Jam Flooding. Fish Sampling (Study #6) will not be included as a part of the Project<br />

relicensing. Rather, the <strong>District</strong> will cooperate with the Nebraska Game & Parks Commission to provide access<br />

for future NGPC!performed sampling.<br />

Staff members pointed out other concerns and recommendations to the study goals and objectives at the May,<br />

2009 meetings. Our comments on the studies can be viewed in the Meeting Transcripts which are located on<br />

the LPD website. Overall, we believe that the proposed studies will provide valuable information to help<br />

manage the public!trust fish and wildlife resources of the state.<br />

If you have any questions or need any additional information, feel free to call or email me. Thank you again<br />

for the opportunity to provide additional comments.<br />

Sincerely,<br />

Frank Albrecht<br />

Assistant Division Administrator<br />

Realty and Environmental Services Division<br />

Nebraska Game and Parks Commission<br />

2200 N. 33rd St.<br />

Lincoln, NE 68503<br />

1


Selzle, Lydia<br />

From: Pillard, Matt<br />

Sent: Tuesday, June 30, 2009 11:07 AM<br />

To: Frame, Gail<br />

Subject: FW: New Email Address<br />

From: Robert Mohler [mailto:robertm@llnrd.org]<br />

Sent: Monday, June 29, 2009 3:56 PM<br />

To: Charles E. Kokes; Chuck Wagner; 'Kelsy Moses'; Pillard, Matt; jmangi@columbusne.us; 'Ann Mohler'<br />

Subject: New Email Address<br />

Please be advised that in the course of progress, the email address for the office, and consequently<br />

my email address, will be changed. My current address is robertm@llnrd.org The previous address<br />

including “nctc” will not work in the near future. Please change your address book if you want to stay<br />

in touch with me.<br />

Thanks,<br />

Robert T. Mohler<br />

1


Selzle, Lydia<br />

From: Jeff_Runge@fws.gov<br />

Sent: Tuesday, June 30, 2009 4:40 PM<br />

To: Marinovich, Melissa<br />

Subject: Fw: Platte River mile marker shape file<br />

Attachments: Platte_River_Mile.shp.xml; Platte_River_Mile.dbf; Platte_River_Mile.sbx;<br />

Platte_River_Mile.shx; Platte_River_Mile.prj; Platte_River_Mile.sbn; Platte_River_Mile.shp<br />

Forwarded by Jeff Runge/R6/FWS/DOI on 06/30/09 04:39 PM<br />

Melissa,<br />

Jeff<br />

Runge/R6/FWS/DOI<br />

06/30/09 04:37 PM<br />

To melissa.marinovich@hdr.inc.com<br />

cc Matt Schwarz/R6/FWS/DOI@FWS<br />

Subject Re: Platte River mile marker shape file<br />

The attached shapefile has the river miles from Plattsmouth to the North/South Platte confluence. I believe the<br />

projection is NAD 83 Zone 14.<br />

I can be reached at the number below if you have any questions.<br />

Jeff<br />

(See attached file: Platte_River_Mile.shp.xml)(See attached file: Platte_River_Mile.dbf)(See attached file:<br />

Platte_River_Mile.sbx)(See attached file: Platte_River_Mile.shx)(See attached file: Platte_River_Mile.prj)(See<br />

attached file: Platte_River_Mile.sbn)(See attached file: Platte_River_Mile.shp)<br />

*******************************<br />

Jeff Runge<br />

Fish and Wildlife Biologist<br />

U.S. Fish and Wildlife Service<br />

203 W. Second Street<br />

Grand Island, NE 68801<br />

(308) 382 6468, Ext. 22<br />

(308) 379 8553 Cell<br />

(308) 384 8835 Fax<br />

********************************<br />

Matt Schwarz/R6/FWS/DOI<br />

Matt<br />

Schwarz/R6/FWS/DOI<br />

06/25/09 04:38 PM<br />

1<br />

To melissa.marinovich@hdr.inc.com<br />

cc Jeff Runge/R6/FWS/DOI@FWS


Melissa,<br />

SubjectPlatte River mile marker shape file<br />

I looked for the subject file but could not locate it. I talked with Jeff and he will be able to provide you with the<br />

file upon his return next week.<br />

Matthew S. Schwarz<br />

Environmental Toxicologist<br />

United States Fish and Wildlife Service<br />

Nebraska Field Office<br />

203 West 2nd Street<br />

Grand Island, NE 68801<br />

P: 308 382 6468 x21<br />

F: 308 384 8835<br />

matt_schwarz@fws.gov<br />

2


Selzle, Lydia<br />

From: Stephen_K_Wilson@nps.gov<br />

Sent: Tuesday, June 30, 2009 7:53 AM<br />

To: Marinovich, Melissa<br />

Subject: Re: Just checking in again<br />

Attachments: LTPP_NiobraraRiver_Census03,09_NPS.xlsx; 022309_niobraraltpp.ppt<br />

HI Melissa, I pulled the Census numbers together, but need to pull the nesting numbers, site distribution, fledglings etc.,<br />

together. I have put my powerpoint as an attachment which you can look at. I know you can see the data that was used<br />

to create the figures/tables but I consider these data provisional as I am in the process of writing a 2003,2009 status<br />

report on least terns and piping plovers on the Niobrara River.<br />

Please clarify the use of these data.<br />

Stephen<br />

Stephen K. Wilson<br />

Resource Management/GIS Specialist<br />

Missouri National Recreational River<br />

P.O. Box 666<br />

Yankton, SD 57078<br />

605 665 0209 phone<br />

605 237 3160 cell<br />

605 665 4183 fax<br />

"Marinovich, Melissa" <br />

05/20/2009 04:02 PM<br />

Hi Stephen,<br />

To "Stephen_K_Wilson@nps.gov" <br />

cc<br />

Subject Just checking in again<br />

Bird season is kicking off and our project timelines have started running quite a bit faster than the last time I contacted you. Below is<br />

the last correspondence I sent you and received from you. Could you please revisit my requests as soon as possible? For the N-12<br />

project we are hoping produce a Draft EIS by August, which means I really have to kick it into high gear with the BA and biological<br />

status sections. Thanks again!<br />

Melissa Marinovich<br />

Environmental Scientist<br />

Sent: 4/16/09<br />

Thanks a lot, Stephen, and congratulations on the new baby! With respect to the N,12 project, we are only interested in<br />

the information for the 15 mile segment (Pischelville Bridge to Missouri) at this time for analysis in the BA. I am especially<br />

interested in the section of the river from the Verdigre Creek confluence to the Missouri confluence, if any nesting or<br />

foraging occurs there. Also, for the <strong>Loup</strong> FERC re,licensing project, we are interested in overall population trends on the<br />

Niobrara River and what management practices have been enacted to improve population status. Thanks again for your<br />

help. Let me know if you have any additional questions.<br />

1


Melissa<br />

From: Stephen_K_Wilson@nps.gov [mailto:Stephen_K_Wilson@nps.gov]<br />

Sent: Thursday, April 16, 2009 3:28 PM<br />

To: Marinovich, Melissa<br />

Subject: Re: FW: Tern and Plover Niobrara River data<br />

Sorry for the delay. I actually haven't been in the office much with a new baby at home. I will work on the numbers for<br />

you next week, but quickly the NPS completes weekly nesting/productivity surveys on the lower 15 miles of the Niobrara<br />

River (Pischelville Bridge to Missouri River). Nests are located and followed until hatch, and then broods are followed<br />

until fledging. An adult census is completed in mid,June. The aforementioned survey began in 2003 and continues<br />

today.<br />

Beginning in 2005, we began censusing the lower 40 miles of Niobrara River and continue today. The Nebraska Public<br />

<strong>Power</strong> <strong>District</strong> completes a census upstream from Spencer Dam to HWY 137, at which point the NPS continues the<br />

census to Norden Bridge. I am not sure if you want this detail that far up from HWY 12... If you do let me know.<br />

Stephen<br />

Stephen K. Wilson<br />

Resource Management/GIS Specialist<br />

Missouri National Recreational River<br />

P.O. Box 666<br />

Yankton, SD 57078<br />

402 667 5524 phone<br />

402 667 5536 fax<br />

"Marinovich, Melissa" <br />

04/15/2009 12:10 PM<br />

Dear Stephen,<br />

2<br />

To "Stephen_K_Wilson@nps.gov" <br />

cc<br />

Subject FW: Tern and Plover Niobrara River data<br />

I sent you the attached email back in March and hadn’t heard back from you. I’m sure you’ve been extremely busy with<br />

bird migration season fired up and a slough of other tasks. I have a few questions, just to clarify what is available. What<br />

types of tern and plover count information does NPS collect/have on the Niobrara River (eg. Adult counts, nest counts,<br />

fledge ratios, etc.)? For which segments of the river are you responsible to survey? For which years do you have data<br />

collected? I am trying to collect information on the Niobrara River to discuss the status and distribution of these species in<br />

biological assessments I am preparing for the afore mentioned projects. Your assistance in this collection of data would<br />

be greatly appreciated. Thank you for your time and let me know if you have any questions. Thanks again!


Melissa<br />

From: Marinovich, Melissa<br />

Sent: Friday, March 20, 2009 9:13 AM<br />

To: 'Stephen_K_Wilson@nps.gov'<br />

Subject: Tern and Plover Niobrara River data<br />

Hi Stephen,<br />

I received your name from the NE Game and Parks Commission with regards to tern and plover data on the Niobrara<br />

River. I am currently involved in two projects with potential tern and plover issues. The Nebraska Highway N,12 USACE<br />

EIS (Niobrara east and west) and the <strong>Loup</strong> Hydroelectric FERC Relicensing Project. A portion of my involvement in both<br />

of these projects is to develop biological assessments for the projects. I am also helping to develop study plans on the<br />

<strong>Loup</strong> project. We are currently in the process of collecting tern and plover census/bird/nest count data for the last 22 years<br />

on all of the Nebraska rivers and was told you were the keeper of all data from the Niobrara River. Could you please<br />

share the nest/bird count data for terns and plovers that has been collected on the Niobrara River from 1987,2008?<br />

We hope to develop meaningful studies based on the most recent and best available information. Your assistance in<br />

these endeavors is much appreciated. I understand the sensitive nature of the information and would like to assure you<br />

that this information will be used for analytical purposes only and location specific data will not be published without the<br />

permission of the National Park Service.<br />

Thank you for your time and if you have any questions please feel free to contact me. Thanks!<br />

Melissa Marinovich<br />

Environmental Scientist<br />

HDR ONE COMPANY | Many Solutions<br />

8404 Indian Hills Drive | Omaha, NE | 68114,4098<br />

Phone: 402.399.1317 | Fax: 402.399.1111<br />

Email: melissa.marinovich@hdrinc.com<br />

3


Selzle, Lydia<br />

From: Jeff_Runge@fws.gov<br />

Sent: Monday, July 06, 2009 9:22 AM<br />

To: Marinovich, Melissa<br />

Subject: RE: Platte River mile marker shape file<br />

I don't have a shapefile for the <strong>Loup</strong>. You may want to contact Rich Kern of the Nebraska Department of<br />

Natural Resources. He has a hardcopy list of river miles per certain landmarks such as river confluences. You<br />

can create a shapefile and verify the work with Rich's data.<br />

Jeff<br />

*******************************<br />

Jeff Runge<br />

Fish and Wildlife Biologist<br />

U.S. Fish and Wildlife Service<br />

203 W. Second Street<br />

Grand Island, NE 68801<br />

(308) 38246468, Ext. 22<br />

(308) 37948553 Cell<br />

(308) 38448835 Fax<br />

********************************<br />

Jeff,<br />

"Marinovich, Melissa" <br />

"Marinovich, Melissa"<br />

<br />

07/02/09 07:09 AM<br />

1<br />

To "Jeff_Runge@fws.gov" <br />

cc<br />

Subject RE: Platte River mile marker shape file<br />

Thanks again for the river mile info on the Platte. Do you also have any river mile files for the <strong>Loup</strong> River?<br />

Anything you can provide would be helpful. Thanks again!<br />

Melissa<br />

From: Jeff_Runge@fws.gov [mailto:Jeff_Runge@fws.gov]<br />

Sent: Tuesday, June 30, 2009 4:40 PM<br />

To: Marinovich, Melissa<br />

Subject: Fw: Platte River mile marker shape file<br />

44444 Forwarded by Jeff Runge/R6/FWS/DOI on 06/30/09 04:39 PM 44444<br />

Jeff<br />

Runge/R6/FWS/DOI<br />

To<br />

melissa.marinovich@hdr.inc.c


Melissa,<br />

2<br />

06/30/09 04:37 PM<br />

cc<br />

Matt<br />

Schwarz/R6/FWS/DOI@FWS<br />

Subject<br />

Re: Platte River mile marker<br />

shape file<br />

The attached shapefile has the river miles from Plattsmouth to the North/South Platte confluence. I<br />

believe the projection is NAD 83 Zone 14.<br />

I can be reached at the number below if you have any questions.<br />

Jeff<br />

(See attached file: Platte_River_Mile.shp.xml)(See attached file: Platte_River_Mile.dbf)(See<br />

attached file: Platte_River_Mile.sbx)(See attached file: Platte_River_Mile.shx)(See attached file:<br />

Platte_River_Mile.prj)(See attached file: Platte_River_Mile.sbn)(See attached file:<br />

Platte_River_Mile.shp)<br />

*******************************<br />

Jeff Runge<br />

Fish and Wildlife Biologist<br />

U.S. Fish and Wildlife Service<br />

203 W. Second Street<br />

Grand Island, NE 68801<br />

(308) 38246468, Ext. 22<br />

(308) 37948553 Cell<br />

(308) 38448835 Fax<br />

********************************<br />

Matt Schwarz/R6/FWS/DOI<br />

Matt<br />

To<br />

Schwarz/R6/FWS/DOI melissa.marinovich@hdr.inc<br />

cc<br />

06/25/09 04:38 PM<br />

Jeff Runge/R6/FWS/DOI@F<br />

Subject<br />

Platte River mile marker sha<br />

file


Melissa,<br />

I looked for the subject file but could not locate it. I talked with Jeff and he will be able to provide<br />

you with the file upon his return next week.<br />

Matthew S. Schwarz<br />

Environmental Toxicologist<br />

United States Fish and Wildlife Service<br />

Nebraska Field Office<br />

203 West 2nd Street<br />

Grand Island, NE 68801<br />

P: 308 382 6468 x21<br />

F: 308 384 8835<br />

matt_schwarz@fws.gov<br />

3


Selzle, Lydia<br />

From: Richardson, Lisa (Omaha)<br />

Sent: Saturday, July 11, 2009 6:34 PM<br />

To: King, Wendy<br />

Subject: FW: revised study plan<br />

From: Richardson, Lisa (Omaha)<br />

Sent: Wednesday, July 08, 2009 5:11 PM<br />

To: 'Angell, Jean'; relicense@loup.com<br />

Cc: Dunnigan, Brian; Thompson, Mike; Schneider, Jim; Neal Suess; Waldow, George; Engelbert, Pat<br />

Subject: RE: revised study plan<br />

Jean,<br />

The <strong>District</strong> will respond to the study plan you submitted in June as part of the Revised Study Plan. As you are<br />

aware, we coordinated with the Omaha <strong>District</strong> regarding assistance developing an ice study prior to the May 27 th<br />

meeting. At that time they indicated that they did not have time to assist us and referred us directly to CRREL. Since<br />

that time we have been coordinating with CRREL and will be receiving a proposal from them next week on<br />

appropriate methods to determine if, and to what extent, do hydro project operations exacerbate ice jam formation<br />

and related flooding in the <strong>Loup</strong> River bypass reach? Once we receive CRREL’s proposal we will compare it with the<br />

study submitted by the DNR and identify which elements to incorporate into our Revised Study Plan.<br />

We will provide a response to the DNR’s study request as part of the Revised Study Plan that will be submitted to<br />

FERC on July 27 th , but we will not be providing a separate response to the DNR prior to then.<br />

Please feel free to give me a call if you have any questions.<br />

Regards,<br />

Lisa<br />

From: Angell, Jean [mailto:jean.angell@nebraska.gov]<br />

Sent: Tuesday, July 07, 2009 10:20 AM<br />

To: Richardson, Lisa (Omaha); relicense@loup.com<br />

Cc: Dunnigan, Brian; Thompson, Mike; Schneider, Jim<br />

Subject: revised study plan<br />

The Department of Natural Resources and LPD attempted to create a plan to study the effect, if any, of LPD’s<br />

operation on ice jam flooding in the Lower Platte River Basin. Because of the inability of the Department and LPD to<br />

jointly devise a satisfactory plan, the Department enlisted the services of the U.S. Army Corps of Engineers and<br />

submitted a plan created by them to you on June 25, 2009. The schedule of pre=application activity for the LPD FERC<br />

relicensing provides for creation of a revised study plan by July 27, 2009. The Department wishes to know if it is<br />

LPD’s intent to respond to the study plan submitted by us. Thank you for your attention to this.<br />

1


Jean Angell<br />

Legal Counsel<br />

Department of Natural Resources<br />

471 3931<br />

2


Selzle, Lydia<br />

From: Jorgensen, Joel [Joel.Jorgensen@nebraska.gov]<br />

Sent: Monday, July 13, 2009 3:13 PM<br />

To: Marinovich, Melissa<br />

Subject: RE: Data questions<br />

Melissa:<br />

Just letting you know I have read your email and I am working to address these questions in the limited time I have been<br />

in the office recently. I can respond that data for the Lower Platte River includes only river data.<br />

,Joel<br />

Joel Jorgensen<br />

Nongame Bird Program Manager<br />

Wildlife Division<br />

Nebraska Game & Parks Commission<br />

Lincoln, NE 68503<br />

402,471,5440<br />

joel.jorgensen@nebraska.gov<br />

From: Marinovich, Melissa [mailto:Melissa.Marinovich@hdrinc.com]<br />

Sent: Tuesday, June 30, 2009 8:44 AM<br />

To: Jorgensen, Joel<br />

Cc: Richardson, Lisa (Omaha)<br />

Subject: Data questions<br />

Hi Joel,<br />

After beginning to sift through the tern and plover data you provided recently (thanks again), I’ve started to come up<br />

with a few questions.<br />

First – the lower platte river data – does this data include both river sites and sandpits adjacent to the river?<br />

Second – looking at the <strong>Loup</strong> River data – I noted that data from 1996 was absent. Since this was a PP census year, is<br />

there data available for this year? Also, with regards to PP Census numbers for 2001 – the adult census numbers and<br />

locations differ greatly between John Dinan’s summary and the numbers and location listed in the data we received for<br />

these years. My question is – where did the numbers on the <strong>Loup</strong> River for the PP census years come from? Did John use<br />

a formula to estimate number of birds? Is the tern and plover database missing some of the data used from the census<br />

years?<br />

Any help you could lend in answering these questions would be great. I just want to make sure we are using the most<br />

correct numbers. Thanks again!<br />

Melissa Marinovich<br />

Environmental Scientist<br />

1


Selzle, Lydia<br />

From: Mary B Brown [mbrown9@unlnotes.unl.edu]<br />

Sent: Tuesday, July 14, 2009 1:10 PM<br />

To: Marinovich, Melissa<br />

Cc: joel.jorgensen@nebraska.gov; martha_tacha@fws.gov<br />

Subject: RE: phone message<br />

Hello Melissa,<br />

We (the TPCP) work with Peter Melcher at Preferred Rocks of Genoa, the USFWS, and NGPC to design and implement<br />

the management plan for the sand management zone (sandpile). Since the TPCP does the routine monitoring of the birds<br />

on the sandpile, we (the TPCP) have the most direct contact with Preferred Rocks. Over the winter and early spring, we<br />

meet with Preferred Rocks and discuss their work plans for the coming season and construct an adaptive management<br />

plan to protect the birds. We define a "bird management area" on top of the sandpile and Preferred Rocks (using their<br />

equipment and employees) constructs a sand berm around the "bird management area". They also construct a couple of<br />

small pond;wetland areas for the birds to use. Preferred Rocks windrows the sand outside of the bermed area to deter the<br />

birds from nesting there. Within the bermed area, Preferred removes all of the woody vegetation (cottonwood trees, etc).<br />

Preferred Rocks also has 2 employees that regularly tour the sandpile to help us locate nests and monitor the birds. Last<br />

year, water flowing from a LPPD slurry pipe washed out one end of the protective berm, nearly flooding several nests.<br />

LPPD helped rebuild and reinforce the berm, along with adding an extension tube to the slurry pipe. This extension tube<br />

diverted the slurry water around the sand berm. After the nesting season is over, I discuss, with Mr. Melcher and the 2<br />

Preferred Rocks employees that monitor the birds, what procedures worked well for the birds and how we can improve on<br />

our procedures.<br />

Hope this is helpful, Mary<br />

Mary Bomberger Brown<br />

Tern and Plover Conservation <strong>Part</strong>nership<br />

153C Hardin Hall<br />

University of Nebraska<br />

3310 Holdrege Street<br />

Lincoln, NE 68583;0931 USA<br />

telephone: (402) 472;8878<br />

fax: (402) 472;2946<br />

email: mbrown9@unl.edu<br />

http://ternandplover.unl.edu<br />

"Marinovich, Melissa" <br />

07/13/2009 07:20 AM<br />

Good morning, Mary!<br />

To Mary B Brown <br />

cc<br />

Subject RE: phone message<br />

Thanks for the quick response! I didn’t get the chance to check my email over the weekend, so I’m sorry it took so long to get back to<br />

you. I am writing some background text on the tern and plover management practices that have recently been employed at the sand<br />

management area and I wanted to make sure I had the information correct.<br />

The current practices that are in effect to protect the birds under the agreement with Preferred Rocks of Genoa are: sand berm,<br />

diverting dredge discharge (with pipe extensions as needed), directing nest site selection (using wind rowing in the sand and Mylar<br />

flagging), and monitoring birds – Correct?<br />

1


Also – did the Tern and Plover Conservation <strong>Part</strong>nership develop the management practices for this site or was it a group effort with<br />

TPCP, USFWS, and NGPC?<br />

That was all I had. I just wanted to make sure I had the correct information on tern and plover management at the sand pile. Hope<br />

your bird season is going well. It’s been some high water on the Platte (from what I’ve noticed driving over the interstate bridge in<br />

the mornings ☺). I would love the opportunity to get out and help the <strong>Part</strong>nership in any way that I can this season. Thanks again!<br />

Melissa<br />

From: Mary B Brown [mailto:mbrown9@unlnotes.unl.edu]<br />

Sent: Saturday, July 11, 2009 6:18 PM<br />

To: Marinovich, Melissa<br />

Subject: phone message<br />

Hello Melissa,<br />

Chris said that you phoned on Friday with a question about the <strong>Loup</strong> relicensing project. What can I do for<br />

you?<br />

Let me know, Mary<br />

Mary Bomberger Brown<br />

Tern and Plover Conservation <strong>Part</strong>nership<br />

153C Hardin Hall<br />

University of Nebraska<br />

3310 Holdrege Street<br />

Lincoln, NE 6858310931 USA<br />

telephone: (402) 47218878<br />

fax: (402) 47212946<br />

email: mbrown9@unl.edu<br />

http://ternandplover.unl.edu<br />

2


Selzle, Lydia<br />

From: Jorgensen, Joel [Joel.Jorgensen@nebraska.gov]<br />

Sent: Thursday, July 16, 2009 10:47 AM<br />

To: Marinovich, Melissa<br />

Subject: 1996 <strong>Loup</strong> Data<br />

Attachments: <strong>Loup</strong>_1996_hert_output.dbf<br />

Melissa:<br />

I believe the 1996 <strong>Loup</strong> data presents a similar situation as the 2001 data. I have been unable to locate an additional file<br />

containing the data. I requested that the Heritage Program provide their data and an output is attached containing <strong>Loup</strong><br />

River data for 1996. I hope this is helpful.<br />

0 Joel<br />

===============================<br />

Joel Jorgensen<br />

Nongame Bird Program Manager<br />

Wildlife Division<br />

Nebraska Game and Parks Commission<br />

Lincoln, NE 68503<br />

402 471 5440<br />

joel.jorgensen@nebraska.gov<br />

1


Selzle, Lydia<br />

From: Jorgensen, Joel [Joel.Jorgensen@nebraska.gov]<br />

Sent: Thursday, July 16, 2009 10:14 AM<br />

To: Marinovich, Melissa<br />

Subject: 2001 <strong>Loup</strong> Data<br />

Attachments: 1930_001.pdf<br />

Melissa:<br />

I reviewed this matter. It appears in the database that I sent provided data from one pit (Columbus #71) and I assume this<br />

is because an original file and/or documents containing field data has not been located. Nonetheless, I did find a<br />

summary from the 2001 IPPC. Attached you will find a summary that includes terns. I hope this is helpful and it should<br />

correspond with data in the 2001 IPPC report.<br />

Thanks for bringing this omission to my attention. Our tern and plover database continues to be a work in progress. It is<br />

my understanding that as recently as 2005706 data was entered into an electronic format from years of surveys. We<br />

continue to make advancements but there our are omissions and also data that has not been entered.<br />

I will follow up with additional information shortly.<br />

7Joel<br />

Joel Jorgensen<br />

Nongame Bird Program Manager<br />

Wildlife Division<br />

Nebraska Game & Parks Commission<br />

Lincoln, NE 68503<br />

402747175440<br />

joel.jorgensen@nebraska.gov<br />

1


Selzle, Lydia<br />

From: Kern, Rich [rich.kern@nebraska.gov]<br />

Sent: Tuesday, July 21, 2009 7:26 AM<br />

To: Marinovich, Melissa<br />

Subject: RE: River Miles for the <strong>Loup</strong> River<br />

I guess I didn’t send a message with those attachments.<br />

I don’t think they were self.explanatory so you will probably have to call me at (402) 471.3948. I am a part.timer so am<br />

just here Mon & Thur from 7.11 and Tue & Wed from 7.1.<br />

From: Marinovich, Melissa [mailto:Melissa.Marinovich@hdrinc.com]<br />

Sent: Monday, July 20, 2009 10:54 AM<br />

To: Kern, Rich<br />

Subject: RE: River Miles for the <strong>Loup</strong> River<br />

Thanks for all your help, Rich!<br />

Melissa<br />

From: Kern, Rich [mailto:rich.kern@nebraska.gov]<br />

Sent: Monday, July 20, 2009 10:53 AM<br />

To: Marinovich, Melissa<br />

Subject: RE: River Miles for the <strong>Loup</strong> River<br />

Hi Melissa,<br />

I found the paper copies and will get those scanned and send them to you tomorrow. We will probably have to talk once I<br />

send them because they may not be self.explanatory.<br />

Rich<br />

From: Marinovich, Melissa [mailto:Melissa.Marinovich@hdrinc.com]<br />

Sent: Monday, July 06, 2009 9:47 AM<br />

To: Kern, Rich<br />

Subject: River Miles for the <strong>Loup</strong> River<br />

Hi Rich,<br />

Last week I contacted Jeff Runge (USFWS) regarding a river mile file for the <strong>Loup</strong> River (he has provided us with river<br />

mile information for the Platte River in the past). He referred me to you. I am am trying to track down information on<br />

river miles for the <strong>Loup</strong> River. Jeff said you had a hardcopy list of river miles per certain landmarks such as river<br />

confluences. Could you please provide any information you might have on the <strong>Loup</strong> River System (North, Middle, South,<br />

Lower <strong>Loup</strong> Rivers)? If you have any questions please feel free to contact me. Thanks!<br />

Melissa Marinovich<br />

Environmental Scientist<br />

HDR ONE COMPANY | Many Solutions<br />

8404 Indian Hills Drive | Omaha, NE | 68114.4098<br />

Phone: 402.399.1317 | Fax: 402.399.1111<br />

Email: melissa.marinovich@hdrinc.com<br />

1


Selzle, Lydia<br />

From: Pillard, Matt<br />

Sent: Monday, July 27, 2009 7:39 PM<br />

To: frank.albrecht@nebraska.gov; jalexand@usgs.gov; calms@neb.rr.com;<br />

cgenoa@cablene.com; jean.angell@nebraska.gov; abaum@upperloupnrd.org;<br />

john.bender@nebraska.gov; al.berndt@nebraska.gov; rbishop@cpnrd.org;<br />

jblackhawk@aol.com; mbrown9@unl.edu; prescott.brownell@noaa.gov;<br />

emily_brummund@johanns.senate.gov; steve.chick@ne.usda.gov; cothern.joe@epa.gov;<br />

todd.crawford@mail.house.gov; jill.dolberg@nebraska.gov; adubas@leg.ne.gov;<br />

mferguson@gp.usbr.gov; barbara.j.friskopp@usace.army.mil; peggy.harding@ferc.gov;<br />

robert_harms@fws.gov; thowe@ponca.com; vwills@pawneenation.org; mark.ivy@ferc.gov;<br />

djjarecke@clarkswb.net; nicholas.jayjack@ferc.gov; lpsnrd@lpsnrd.org; CoraJones@bia.gov;<br />

david.jundt@dhhs.ne.gov; kennyj@headwaterscorp.com; butchk@nctc.net;<br />

cityadmin@cablene.com; monroe@megavision.com; bobbie.wickham@nebraska.gov;<br />

mkuzila1@unl.edu; clangemeier@leg.ne.gov; justin.lavene@nebraska.gov;<br />

patricia.leppert@ferc.gov; pcclerk@megavision.com; ncpza@hamilton.net;<br />

jmangi@columbusne.us; jmiyoshi@lpnnrd.org; robertm@llnrd.org; jeddins@achp.gov;<br />

zach_nelson@bennelson.senate.gov; Kim.Nguyen@ferc.gov; danno@nohva.com;<br />

marvp@megavision.com; louis-pofahl@mail.house.gov; bob.puschendorf@nebraska.gov;<br />

chairmanrhodd@ponca.com; jeff_runge@fws.gov; julias@poncatribe-ne.org;<br />

kenneth.sessa@dhs.gov; jjshadl@nppd.com; asheridan@omahatribe.com;<br />

don_simpson@blm.gov; msittler@lpsnrd.org; Robert_F_Stewart@ios.doi.gov;<br />

astuthman@leg.ne.gov; ksullivan@leg.ne.gov; jmsunne@nppd.com;<br />

Willie_Taylor@ios.doi.gov; randy_thoreson@nps.gov; rtrudell@santeedakota.org;<br />

david.turner@ferc.gov; deb.vanmatre@mail.house.gov; jwinkler@papionrd.org;<br />

lewrightjr@gmail.com<br />

Cc: Angel Robak; Jim Frear; Neil Suess; Ron Ziola; Teresa Petr; Damgaard, Quinn V.; Engelbert,<br />

Pat; Frame, Gail; Grennan, Dennis E.; King, Wendy; Pillard, Matt; Richardson, Lisa (Omaha);<br />

Sigler, Bill; Waldow, George; White, Stephanie<br />

Subject: <strong>Loup</strong> <strong>Power</strong> <strong>District</strong> - FERC Relicensing: Revised Study Plan filed<br />

<strong>Loup</strong> <strong>Power</strong> <strong>District</strong> has electronically filed its Revised Study Plan with FERC. The document is available on FERC’s elibrary<br />

and on the <strong>Loup</strong> Hydroelectric Relicensing Project web site.<br />

The Revised Study Plan is the result of many hours of discussion and evaluation. The <strong>District</strong> would like to thank all those<br />

who participated.”<br />

1


From: user-submission@response-o-matic.com<br />

To: King, Wendy<br />

Cc: arobak@loup.com; Brimmer, Michelle; Frame, Gail<br />

Subject: <strong>Loup</strong> Comments/Mailing List (adb)<br />

Date: Thursday, August 06, 2009 5:05:04 PM<br />

Salutation: Mr.<br />

Last Name: Geren<br />

First Name: Michael<br />

Affilitation: Educator at Columbus Public Schools<br />

Phone: 308-940-2906<br />

Complete Email Address: mrgeren@hotmail.com<br />

Address 1: 2010 12th Avenue<br />

Address 2:<br />

City: Central City<br />

State: NE<br />

Zip Code: 68826<br />

Put me on the mailing list? Yes<br />

Comments: I am a science teacher at Columbus High School. I currently teach science courses that look<br />

at how the City of Columbus uses energy. I would like to know more information about this project to<br />

incorporate into my curriculum.<br />

--<br />

Date/Time: 2009-08-06 15:05:00 PDT<br />

Sender IP: 75.163.107.42 [United States] | vskj4j0ojxbf4gl0<br />

Referrer: http://www.loup.com/relicense/html/commentform.html


From: Richardson, Lisa (Omaha)<br />

To: King, Wendy<br />

Cc: White, Stephanie; Frame, Gail<br />

Subject: FW: Energy Use in Columbus Area<br />

Date: Friday, August 07, 2009 7:50:09 AM<br />

Wendy – please add to the DB and PW and mark this comment closed.<br />

From: Ron Ziola [mailto:rziola@loup.com]<br />

Sent: Friday, August 07, 2009 7:40 AM<br />

To: mrgeren@hotmail.com<br />

Cc: Richardson, Lisa (Omaha); Neal Suess; Jim Frear<br />

Subject: Energy Use in Columbus Area<br />

Dear Mr. Geren;<br />

Regarding power use in the Columbus area, you can contact me at the phone number or e-mail<br />

address listed below to make an appointment to discuss power usage in the Columbus Area. In the<br />

Columbus HS library there should also be a copy of <strong>Loup</strong> <strong>Power</strong> <strong>District</strong>’s 75 th Anniversary history<br />

book which should also have a DVD that discusses power in the Columbus area. If you cannot find<br />

this or would want a copy for your classroom please let me know.<br />

In addition we do provide tours of the Columbus Hydro electric plant with an appointment. If you keep<br />

in contact there may be a time when we have one of the penstocks empty this fall doing maintenance<br />

that would allow the students to see the turbine (water wheel) and possibly go inside the 20 foot<br />

diameter penstock.<br />

Ron Ziola<br />

<strong>Loup</strong> River PPD<br />

Ph: 402-564-3171, x-254<br />

rziola@loup.com


20090807-5090 FERC PDF (Unofficial) 8/7/2009 4:17:10 PM


20090807-5090 FERC PDF (Unofficial) 8/7/2009 4:17:10 PM


20090807-5090 FERC PDF (Unofficial) 8/7/2009 4:17:10 PM<br />

Study Plan 12.0 (version 2)<br />

For consideration in the relicensing of <strong>Loup</strong> River Hydroelectric Project #1256, as<br />

prepared by the Nebraska Department of Natural Resources<br />

Ice Jam Flooding resulting from the operation of the <strong>Loup</strong> River Public <strong>Power</strong><br />

<strong>District</strong> project<br />

The <strong>Loup</strong> River Public <strong>Power</strong> <strong>District</strong> (LRPPD) project (the Project) is located in the Lower<br />

Platte River basin in eastern Nebraska. Water is diverted from the <strong>Loup</strong> River, routed through a<br />

35-mile long manmade canal and discharged into the Platte River near the city of Columbus.<br />

The portion of the <strong>Loup</strong> River from the diversion weir to the confluence with the Platte River is<br />

termed the <strong>Loup</strong> River “bypass reach” by the LRPPD.<br />

At the point of diversion, a low weir across the <strong>Loup</strong> River creates sufficient head to divert up to<br />

3,500 cubic feet per second. The diverted water flows through adjustable gates and is routed<br />

through the <strong>Loup</strong> <strong>Power</strong> Canal on which a settling basin, two power houses, and two regulating<br />

reservoirs are located. As the water exits the latter power house, it is carried along a tailrace<br />

and discharged into the Platte River. According to the LRPPD, an average of only 31 per cent<br />

of the total <strong>Loup</strong> River flow is allowed to remain in the <strong>Loup</strong> River and in varying amounts; at<br />

times the LRPPD project diverts the entire <strong>Loup</strong> River, leaving in the stream bed only the small<br />

amount which leaks through their weir.<br />

Winter Project operations include procedures to deal with cold temperatures and ice conditions.<br />

When frazil ice (a slushy ice formed in turbulent supercooled water) occurs, the Project<br />

procedures require closure of the intake gates, barring water from the Canal and diverting the<br />

water into the “bypass reach” of the <strong>Loup</strong> River instead.<br />

Ice jam flooding in the Lower Platte River basin, including the <strong>Loup</strong> River, has been a recurrent<br />

problem at a number of sites. Severe flooding occurred within the basin in March 1993, notably<br />

near the city of Columbus where the river threatened the levee on the north bank of the <strong>Loup</strong><br />

River. The event caused widespread damage including road closures and failures, damage to<br />

bridge abutments and water supplies; flooding of residential, agricultural, industrial, and<br />

commercial areas; and damage to levees, dikes, and other river training structures.<br />

Following the 1993 flood event, a team was formed to review the event and suggest measures<br />

which might be implemented to mitigate similar events in the future. A comprehensive<br />

investigation by the U.S. Army Corps of Engineers (USACE) was performed at the request of<br />

NDNR. A Section 22 study report (1994 USACE Report) was issued, which noted the Project<br />

operations and recommended a future study to evaluate the impact, if any, of the Project<br />

operations on ice conditions downstream. The USACE Report acknowledged that little data<br />

was then available on ice jams which occurred upstream from Columbus, so a comprehensive<br />

ice data collection plan was designed by the USACE and implemented with an eye toward the<br />

usage of the data in future studies so that ice jam occurrences could be detected and<br />

forewarned, including the effect of the Project operations on discharge, ice formation and ice<br />

transport in the <strong>Loup</strong> River below the diversion structure. The USACE 1994 Report suggested<br />

that a quantitative analysis using more ice records could be conducted and that a qualitative<br />

analysis could address such issues as the potential effects of fluctuating water levels on the<br />

FERC Project No. 1256 1 of 6 Nebraska Department of Natural Resources<br />

Comments on Revised Study Plan 12.0/<br />

Revised Study Plan 12.0 (version 2)


20090807-5090 FERC PDF (Unofficial) 8/7/2009 4:17:10 PM<br />

formation of border ice, frazil ice transport, and the effects of sudden decreases in river flow on<br />

ice movement. The USACE 1994 Report suggested that changes in the sediment regime of the<br />

river resulting from LRPPD Project operations may have impacted ice formation and transport<br />

processes. The USACE 1994 Report also addressed implementation of a number of mitigation<br />

options including permanent, advance and emergency.<br />

IN 2009 NDNR engaged the Omaha office of the USACE to develop methodologies to study the<br />

impact of Project operations on ice jam flooding. After reviewing the version of the Revised<br />

Study Plan 12.0 submitted by LRPPD, NDNR believes that that study plan will not answer<br />

whether the Project operations impact ice jam flooding. Therefore NDNR incorporated the 2009<br />

Corps proposal into this Revised Study Plan 12.0 (version 2) and hereby submits Revised Study<br />

Plan 12.0 (version 2) for review and requests issuance of a Study Plan Determination adopting<br />

Revised Study Plan 12.0 (version 2).<br />

1. GOALS AND OBJECTIVES OF STUDY:<br />

The goals of the study of ice jam flooding are to determine the impact of Project operations on<br />

ice jam flooding and develop methods to prevent and mitigate any ice jam flooding impacts of<br />

Project operations.<br />

The objectives of the study of ice jam flooding are as follows:<br />

a. Evaluate the impact of Project operations on hydrology, sediment transport, and<br />

channel hydraulics in the Lower Platte River basin.<br />

b. Evaluate the combined impact of Project operations on hydrology, sediment<br />

transport, and channel hydraulics on ice processes in the Lower Platte River basin<br />

c. Develop an ice jam and/or breakup predictive model.<br />

d. Identify structural and nonstructural methods for the prevention and mitigation of ice<br />

jams, should it be demonstrated that Project operations materially impact ice jam<br />

formation of the <strong>Loup</strong> and Platte Rivers.<br />

2. STUDY AREA<br />

The geographic scope of the proposed study is the lower Platte River basin, between Fullerton,<br />

NE and the confluence of the <strong>Loup</strong> and Platte Rivers, including the LRPPD canal, continuing<br />

down to the confluence of the Platte and Missouri Rivers.<br />

3. RELEVANT RESOURCE MANAGEMENT GOALS OR PUBLIC INTEREST<br />

CONSIDERATIONS<br />

The Nebraska Department of Natural Resources (NDNR) is the official state agency for all<br />

matters pertaining to floodplain management, the home of the Nebraska Ice Report data base<br />

and all known flood data within the state, and has jurisdiction over all matter pertaining to<br />

surface water rights. Nebraska Revised Statutes §§ 61-206 (Reissue 2003) and 31-1017<br />

(Reissue 2008) (Attachment A).<br />

The public interest consideration of Revised Study Plan 12.0 (version 2) as submitted by NDNR<br />

is to prevent or mitigate destruction to roads, structures, residences, commerce and loss of life.<br />

4. EXISTING INFORMATION<br />

The methodologies and data sources for studying whether the operation of the LRPPD project<br />

contributes to ice jam flooding are detailed in the document entitled “Methodology to Assess Ice-<br />

Affected Impacts Due to <strong>Loup</strong> <strong>Power</strong> <strong>District</strong> Operations, <strong>Loup</strong> and Platte Rivers, Fullerton, NE<br />

FERC Project No. 1256 2 of 6 Nebraska Department of Natural Resources<br />

Comments on Revised Study Plan 12.0/<br />

Revised Study Plan 12.0 (version 2)


20090807-5090 FERC PDF (Unofficial) 8/7/2009 4:17:10 PM<br />

to Plattsmouth, NE” prepared by the Omaha office of the USACE and that is marked Attachment<br />

B and made a part of this NDNR version two of the Revised Study Plan 12.0.<br />

Data sources include the USACE 1994 Report, and notably its review of the history of ice jams<br />

and flooding downstream of the Project; a comprehensive collection of flow, state, and<br />

temperature information; and the completion of a predictive model to indicate when conditions<br />

existed to support ice jam formation, and ice jam prevention and mitigation methods. As part of<br />

the USACE Study, a comprehensive ice reporting program was implemented to collect detailed<br />

information to allow for better future studies. This ice data is housed at NDNR and will be used<br />

in this study. The USGS has records of hydrologic data. Details of the existing information and<br />

data sources needed for this study are as follows:<br />

a. Hydrology Study. Two models will be created for comparison to determine the Project<br />

operations’ impacts to the <strong>Loup</strong> and Platte River hydrology. Several sources of data will be<br />

required for the hydrology analysis including daily stream flow records at ten gage sites<br />

within the study area. (See Attachment B, page two for a map and page three for a listing.)<br />

Several other discontinued gages may also be required to either extend the period of record<br />

at a nearby gage or used as a check on computed flows at various critical locations with the<br />

models to be created. Gage heights will also be required to properly calibrate the unsteady<br />

routing model to historic flows at each of the gage locations. Because the period of record<br />

of gage heights is likely to be much shorter than for the stream flow records, channel crosssection<br />

geometry will be required throughout all of the stream reaches with the unsteady<br />

routing model to be created. Some geometry is available from an hydraulic model created in<br />

the USACE Study, but some new cross-section geometry will need to be collected to ensure<br />

model stability and robustness. Overbank channel geometry can be collected from digital<br />

terrain models through the use of a GIS preprocessor, such as HEC-GeoRAS. The channel<br />

and overbank geometries can be marched with the HES-RAS. Field data will be required to<br />

verify various parameters, such as channel and overbank roughness, for the unsteady flow<br />

model<br />

b. Sediment Transport study. To assess sediment transport in the <strong>Loup</strong> and Platte<br />

Rivers, data sources required include the aforementioned data and models developed for<br />

the study of the hydrology of the basin. The gages used in the study of the hydrology will<br />

also be utilized to collect bed load and suspended sediment load (and total sediment load, if<br />

not available separately), as available. Bed material gradation data, as available from<br />

USGS, will also be utilized. Additional field collection of bed material data may also be<br />

required if lacking in various reaches. Suspended load gradations, as available from the<br />

USGS, will also be utilized.<br />

c. Ice Formation study. Flow data developed from the Hydrology section above will be<br />

used. All available data will be collected from meteorologic reporting stations within and<br />

near the study area from the National Climatic Data Center for those stations with records<br />

deemed to be complete or near-compete concurrent with the period of record modeled in<br />

the Hydrology section above. All field observation from the Nebraska Ice Report database<br />

within the study reach will be collected. All pertinent information from the Cold Regions<br />

Research and Engineering Laboratory (such as at CRREL) Ice Jam Data base for the study<br />

reach will all be collected.<br />

FERC Project No. 1256 3 of 6 Nebraska Department of Natural Resources<br />

Comments on Revised Study Plan 12.0/<br />

Revised Study Plan 12.0 (version 2)


20090807-5090 FERC PDF (Unofficial) 8/7/2009 4:17:10 PM<br />

d. Ice Transport During Freezeup and Breakup study. In addition to the flow and<br />

geometry data and ice information developed in the Hydrology, Sediment Transport and Ice<br />

Formation studies above, detailed channel bathymetry in the locations of interest for<br />

DynaRICE modeling will be collected to create an appropriate 2-D model geometry.<br />

Engineers with DynaRice modeling experience (such as at CRREL) will be needed to model<br />

the various reaches.<br />

e. Ice-Affected Hydraulics study. Data developed as part of all studies referred to above<br />

will be needed for the Ice-Affected Hydraulics analysis. Additionally, high water marks<br />

during ice jam events will be obtained from the USACE and other agencies’ records to use<br />

for ice jam model calibration. Additional high water marks, such as tree scars, will be<br />

collected in the field throughout the study reach near known ice jam locations for additional<br />

model calibration of ice jams.<br />

f. Ice Jam/Breakup Predictive Model. Data collected in all studies shown above will be<br />

utilized to develop the predictive mode. No other data is likely needed.<br />

g. Identification of Methods for Prevention and Mitigation of Ice Jams. If it is<br />

demonstrated with the above studies that operation of the Project increases flood risk in any<br />

part of the study reach, it would be prudent to investigate all viable operational measures as<br />

well as structural and nonstructural measures that can be taken to prevent and mitigate the<br />

flood risk.<br />

5. NEXUS BETWEEN PROJECT OPERATIONS AND EFFECTS FOR THE RESOURCE TO<br />

BE STUDIED<br />

a. Direct effects: The winter operations of the LRPPD Project may directly affect ice jam<br />

flooding through the changes in diversion of the <strong>Loup</strong> River at the time of frazil ice<br />

formation, a study of which was suggested in the USACE Report.<br />

b. Indirect and cumulative effects: The operations of the Project may impact the<br />

hydrology, hydraulics and sediment transport of the <strong>Loup</strong> and Platte Rivers. The<br />

combination of these impacts may also impact ice processes on the <strong>Loup</strong> and Platte rivers,<br />

including, but not limited to, the production and formation of an ice cover and the<br />

subsequent breakup of the ice cover. The operations may change the river contours, cause<br />

channel degradation, allow vegetative encroachment and otherwise impact the river’s ability<br />

to carry the entire flow during those infrequent frazil ice event when diversion into the canal<br />

is interrupted.<br />

6. PROPOSED STUDY METHODOLOGY, LEVEL OF EFFORT, AND COST<br />

a. Methodology and Level of Effort: The proposed study methodology and level of effort<br />

is set forth in “Methodology to Assess Ice-Affected Impacts Due to <strong>Loup</strong> <strong>Power</strong> <strong>District</strong><br />

Operations, <strong>Loup</strong> and Platte rivers, Fullerton, NE to Plattsmouth, NE” which is Attachment B<br />

of this version of the Revised Study Plan. The methodology includes the development of a<br />

number of models. The scope of the study set forth in Attachment B, was determined by the<br />

Omaha office of the USACE without limitation or designation of geographic area, input or<br />

methodology by the requester, NDNR. The specificity of NDNR’s request was to develop<br />

methodology to study the impact of Project operations on ice jam flooding.<br />

FERC Project No. 1256 4 of 6 Nebraska Department of Natural Resources<br />

Comments on Revised Study Plan 12.0/<br />

Revised Study Plan 12.0 (version 2)


20090807-5090 FERC PDF (Unofficial) 8/7/2009 4:17:10 PM<br />

b. Level of Cost: The expected level of cost to perform the study of the effects of the<br />

operation of the LRPPD project on ice jam flooding, as outlined in this plan, is $200,000.<br />

7. NDNR Response to the Revised Study Plan 12.0 submitted by the <strong>Loup</strong> River Public<br />

<strong>Power</strong> <strong>District</strong><br />

NDNR worked with LRPPD toward the development of a study plan which would determine<br />

whether the operation of the Project contributes to ice jam flooding. Because of the failure of<br />

the parties to design a satisfactory study, the NDNR engaged the USACE to develop<br />

methodologies to study the issue. Specifically, the NDNR requested development of study<br />

methodologies from the Omaha office of the USACE because of their expertise relating to the<br />

lower Platte River Basin and their personal involvement in the 1994 Corps study.<br />

NDNR put no geographic, data, or methodology restraints on the request, believing that the<br />

expertise of the USACE should be used to determine the scope of the study, rather than rely on<br />

the lack of ice jam expertise held by NDNR and the LRPPD. It is NDNR’s technical opinion that<br />

LRPPD’s arbitrary limitation of the study area to the power canal (where no flooding has been<br />

noted) and the short section of the lower Platte River basin between the LRPPD diversion and<br />

tail race would result in little useful information. The goal of this study is to understand the<br />

LRPPD project’s operational effects in the context of the river system. Those effects cannot be<br />

identified by simply studying a small reach of the river. Though this relatively small area might<br />

“be more readily analyzed because it experiences the maximum incremental effects of Project<br />

operations” and “is subjected to only a limited number of non-Project ice jam influences, such as<br />

from tributaries, confluences, bridges, levees, and shore protection measures”, as proffered by<br />

the LRPPD, NDNR has full confidence in the ability of the USACE to study the area they have<br />

designated in their methodology, taking into consideration all possible influences.<br />

The LRPPD’s argument that hydrologic and sediment transport analyses not be included in the<br />

study of ice jam flooding because similar analyses are proposed in other studies is flawed in<br />

that those analyses are not tailored for ice jam flooding and there is no vehicle by which the<br />

analyses could be incorporated into this study, regardless of their questionable value if they<br />

were incorporated here. The LRPPD’s reasoning that analysis of impacts as far back as Project<br />

construction in the 1930s should not be considered is also flawed; an analysis of the present<br />

impact of the operation cannot be complete without an analysis of the basin without the Project<br />

and through the life of the Project.<br />

It is NDNR’s technical opinion that conducting the study as contained in Revised Study Plan<br />

12.0 as submitted by the LRPPD would result in a very limited and ineffective qualitative<br />

assessment only, ignoring the vast amount of data and methodologies available to determine<br />

the important question of whether the operation of the Project impacts ice jam flooding and<br />

endangers life and property.<br />

NDNR disagrees with the LRPPD’s opinion that their Revised Study Plan 12.0 is technically<br />

similar to that devised by the Omaha office of the USACE in 2009 for the reasons enumerated<br />

above.<br />

LRPPD maintains in the Revised Study Plan 12.0 they submitted that it is not their responsibility<br />

to refine or develop a model to predict ice events in the river basin of their Project. If it is<br />

demonstrated that the operation of the LRPPD project contributes to ice jam flooding, LRPPD<br />

should possess and use the tools necessary to mitigate the consequences of the project.<br />

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Comments on Revised Study Plan 12.0/<br />

Revised Study Plan 12.0 (version 2)


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In conclusion, the NDNR argues that the study submitted by LRPPD should not be adopted for<br />

the following reasons;<br />

• The scope and methodologies were developed by non-experts.<br />

• The scope is flawed because it is too narrow.<br />

• The proposed subset of methodologies is too narrow.<br />

• There is no demonstration of the appropriateness of those sediment transport studies<br />

that may be included other study plans.<br />

• There is no proposed mechanism by which those studies can be incorporated in an<br />

appropriate manner.<br />

• Limiting the geographic area to the canal and bypass is inappropriate.<br />

• There is no provision for prediction, prevention or mitigation of any ice jam flooding.<br />

• Therefore the question raised by NDNR is not addressed.<br />

The NDNR proposes adoption of the attached version of the study for the following reasons:<br />

• NDNR does not have ice jam flooding expertise; however NDNR engaged the<br />

assistance of ice jam flooding experts<br />

• Ice jam flooding experts determined the scope of the study<br />

• Ice jam flooding experts determined the methodology of the study<br />

• The ice jam flooding experts engaged by NDNR to design the study have studied ice jam<br />

flooding in the lower Platte River basin.<br />

• The NDNR proposal evaluates the question within an appropriate geographic area<br />

• The NDNR proposal evaluates project operations in the context of hydrology, sediment<br />

transport and channel morphology.<br />

• The NDNR proposal provides a predictive model and methods for mitigation and<br />

prevention of ice jam flooding.<br />

• Only the NDNR proposal addresses the question raised, “Whether the operation of the<br />

<strong>Loup</strong> River Public <strong>Power</strong> <strong>District</strong> project impacts ice jam flooding.”<br />

NDNR hereby submits Revised Study Plan 12.0 (version 2) for review and requests issuance of<br />

a Study Plan Determination adopting Revised Study Plan 12.0 (version 2).<br />

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Comments on Revised Study Plan 12.0/<br />

Revised Study Plan 12.0 (version 2)


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ATTACHMENT A<br />

Nebraska Revised Statute 61-206<br />

Department of Natural Resources; jurisdiction; rules; hearings; orders; powers and duties.<br />

(1) The Department of Natural Resources is given jurisdiction over all matters pertaining to<br />

water rights for irrigation, power, or other useful purposes except as such jurisdiction is<br />

specifically limited by statute. Such department shall adopt and promulgate rules and regulations<br />

governing matters coming before it. It may refuse to allow any water to be used by claimants<br />

until their rights have been determined and made of record. It may request information relative to<br />

irrigation and water power works from any county, irrigation, or power officers and from any<br />

other persons. It may have hearings on complaints, petitions, or applications in connection with<br />

any of such matters. Such hearings shall be had at the time and place designated by the<br />

department. The department shall have power to certify official acts, compel attendance of<br />

witnesses, take testimony by deposition as in suits at law, and examine books, papers,<br />

documents, and records of any county, party, or parties interested in any of the matters<br />

mentioned in this section or have such examinations made by its qualified representative and<br />

shall make and preserve a true and complete transcript of its proceedings and hearings. If a final<br />

decision is made without a hearing, a hearing shall be held at the request of any party to the<br />

proceeding if the request is made within thirty days after the decision is rendered. If a hearing is<br />

held at the request of one or more parties, the department may require each such requesting party<br />

and each person who requests to be made a party to such hearing to pay the proportional share of<br />

the cost of such transcript. Upon any hearing, the department shall receive any evidence relevant<br />

to the matter under investigation and the burden of proof shall be upon the person making the<br />

complaint, petition, and application. After such hearing and investigation, the department shall<br />

render a decision in the premises in writing and shall issue such order or orders duly certified as<br />

it may deem necessary.<br />

(2) The department shall serve as the official agency of the state in connection with water<br />

resources development, soil and water conservation, flood prevention, watershed protection, and<br />

flood control.<br />

(3) The department shall:<br />

(a) Offer assistance as appropriate to the supervisors or directors of any subdivision of<br />

government with responsibilities in the area of natural resources conservation, development, and<br />

use in the carrying out of any of their powers and programs;<br />

(b) Keep the supervisors or directors of each such subdivision informed of the activities and<br />

experience of all other such subdivisions and facilitate cooperation and an interchange of advice<br />

and experience between such subdivisions;<br />

(c) Coordinate the programs of such subdivisions so far as this may be done by advice and<br />

consultation;<br />

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(d) Secure the cooperation and assistance of the United States, any of its agencies, and agencies<br />

of this state in the work of such subdivisions;<br />

(e) Disseminate information throughout the state concerning the activities and programs of such<br />

subdivisions;<br />

(f) Plan, develop, and promote the implementation of a comprehensive program of resource<br />

development, conservation, and utilization for the soil and water resources of this state in<br />

cooperation with other local, state, and federal agencies and organizations;<br />

(g) When necessary for the proper administration of the functions of the department, rent or lease<br />

space outside the State Capitol; and<br />

(h) Assist such local governmental organizations as villages, cities, counties, and natural<br />

resources districts in securing, planning, and developing information on flood plains to be used<br />

in developing regulations and ordinances on proper use of these flood plains.<br />

Nebraska Revised Statute 31-1017<br />

Department; flood plain management; powers and duties.<br />

The department shall be the official state agency for all matters pertaining to flood plain<br />

management. In carrying out that function, the department shall have the power and authority to:<br />

(1) Coordinate flood plain management activities of local, state, and federal agencies;<br />

(2) Receive federal funds intended to accomplish flood plain management objectives;<br />

(3) Prepare and distribute information and conduct educational activities which will aid the<br />

public and local units of government in complying with the purposes of sections 31-1001 to 31-<br />

1023;<br />

(4) Provide local governments having jurisdiction over flood-prone lands with technical data and<br />

maps adequate to develop or support reasonable flood plain management regulation;<br />

(5) Adopt and promulgate rules and regulations establishing minimum standards for local flood<br />

plain management regulation. In addition to the public notice requirement in the Administrative<br />

Procedure Act, the department shall, at least twenty days in advance, notify by mail the clerks of<br />

all cities, villages, and counties which might be affected of any hearing to consider the adoption,<br />

amendment, or repeal of such minimum standards. Such minimum standards shall be designed to<br />

protect human life, health, and property and to preserve the capacity of the flood plain to<br />

discharge the waters of the base flood and shall take into consideration (a) the danger to life and<br />

property by water which may be backed up or diverted by proposed obstructions and land uses,<br />

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(b) the danger that proposed obstructions or land uses will be swept downstream to the injury of<br />

others, (c) the availability of alternate locations for proposed obstructions and land uses, (d) the<br />

opportunities for construction or alteration of proposed obstructions in such a manner as to lessen<br />

the danger, (e) the permanence of proposed obstructions or land uses, (f) the anticipated<br />

development in the foreseeable future of areas which may be affected by proposed obstructions<br />

or land uses, (g) hardship factors which may result from approval or denial of proposed<br />

obstructions or land uses, and (h) such other factors as are in harmony with the purposes of<br />

sections 31-1001 to 31-1023. Such minimum standards may, when required by law, distinguish<br />

between farm and nonfarm activities and shall provide for anticipated developments and<br />

gradations in flood hazards. If deemed necessary by the department to adequately accomplish the<br />

purposes of such sections, such standards may be more restrictive than those contained in the<br />

national flood insurance program standards, except that the department shall not adopt standards<br />

which conflict with those of the national flood insurance program in such a way that compliance<br />

with both sets of standards is not possible;<br />

(6) Provide local governments and other state and local agencies with technical assistance,<br />

engineering assistance, model ordinances, assistance in evaluating permit applications and<br />

possible violations of flood plain management regulations, assistance in personnel training, and<br />

assistance in monitoring administration and enforcement activities;<br />

(7) Serve as a repository for all known flood data within the state;<br />

(8) Assist federal, state, or local agencies in the planning and implementation of flood plain<br />

management activities, such as flood warning systems, land acquisition programs, and relocation<br />

programs;<br />

(9) Enter upon any lands and waters in the state for the purpose of making any investigation or<br />

survey or as otherwise necessary to carry out the purposes of such sections. Such right of entry<br />

shall extend to all employees, surveyors, or other agents of the department in the official<br />

performance of their duties, and such persons shall not be liable to prosecution for trespass when<br />

performing their official duties;<br />

(10) Enter into contracts or other arrangements with any state or federal agency or person as<br />

defined in section 49-801 as necessary to carry out the purposes of sections 31-1001 to 31-1023;<br />

and<br />

(11) Adopt and enforce such rules and regulations as are necessary to carry out the duties and<br />

responsibilities of such sections.<br />

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ATTACHMENT B<br />

Methodology to Assess Ice-Affected Impacts Due to <strong>Loup</strong> <strong>Power</strong> <strong>District</strong> Operations<br />

<strong>Loup</strong> and Platte Rivers<br />

Fullerton, NE to Plattsmouth, NE<br />

The operation of the Project may impact the hydrology, hydraulics and sediment<br />

transport of the lower <strong>Loup</strong> and Platte Rivers. The combination of these impacts may<br />

also impact ice processes on the <strong>Loup</strong> and Platte Rivers, including, but not limited to, the<br />

production and formation of an ice cover and the subsequent breakup of the ice cover.<br />

The purpose of these proposed studies would be to evaluate the impact of Project<br />

operation on hydrology, sediment transport, and channel hydraulics, and the combined<br />

impact on ice processes. The study would also propose to develop an ice jam and/or<br />

breakup predictive model, as well as identify structural and nonstructural methods for the<br />

prevention and mitigation of ice jams, should it be demonstrated that operation of the<br />

Project materially impacts ice jam formation on the <strong>Loup</strong> and Platte Rivers. The study<br />

area would include the <strong>Loup</strong> River from just above the power canal headworks on the<br />

<strong>Loup</strong> River to the mouth of the <strong>Loup</strong> River, the Platte River from just upstream of the<br />

<strong>Loup</strong>-Platte confluence to the mouth of the Platte River and the <strong>Loup</strong> <strong>Power</strong> Canal from<br />

the headworks to the tailrace confluence with the Platte River below the <strong>Loup</strong>-Platte<br />

confluence. Several of the studies listed below require specialized experience and/or<br />

knowledge of the river systems and ice processes in question.<br />

Hydrology. Historic flows within the study area will be needed to derive what flows<br />

would be in the study area if there were no diversions to the power canal. The with and<br />

without power canal diversions daily flow sets will be analyzed to determine the<br />

differences in flow regime at select locations within the study area. The differences will<br />

allow for determining the impacts on the power canal diversion on sediment transport and<br />

ice processes throughout the study reach.<br />

Methodology. An unsteady hydraulic routing model (e.g. HEC-RAS) will be<br />

developed to determine daily mean flows at various points within the <strong>Loup</strong> and Platte<br />

Rivers. Historic observed flows from several U.S. Geologic Survey (USGS) stream<br />

gaging sites (shown in Table 1 and Figure 1 below) will be obtained from the USGS<br />

database. All gages except the <strong>Loup</strong> River <strong>Power</strong> Canal near Genoa, <strong>Loup</strong> River near<br />

Genoa, Platte River at North Bend, and Platte River at Louisville will be used as flow<br />

sources for the unsteady hydraulic routing model. The <strong>Loup</strong> River <strong>Power</strong> Canal near<br />

Genoa will be used to replicate the flow diversions from the <strong>Loup</strong> River to the power<br />

canal and routed downstream to the tailrace location below the <strong>Loup</strong>-Platte confluence.<br />

The <strong>Loup</strong> River near Genoa, Platte River at North Bend, and Platte River at Louisville<br />

gages will be used to compute ungaged local inflows based on historic flows. Once the<br />

historic ungaged local inflows are computed, the historic diversions to the canal will be<br />

routed through the <strong>Loup</strong> River as if the power canal did not exist to produce a daily flow<br />

record for that scenario. Results from the two models will then be compared to determine<br />

the impacts to the <strong>Loup</strong> and Platte River hydrology. Statistical analysis of annual and<br />

seasonal peak flows at various locations will be computed for both scenarios; volume-<br />

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duration analysis will also be computed for annual and seasonal flows. Statistical<br />

analysis of flow durations for annual, seasonal and monthly flows will also be computed<br />

for both scenarios. The flow frequencies and volume-duration analysis will be needed to<br />

construct balanced hydrographs for the Ice-Affected Hydraulic analysis, and the flow<br />

durations will be needed for ice analysis. The daily flow records for both scenarios will<br />

be needed for the Sediment Transport analysis.<br />

Figure 1. USGS Stream Gage Sites in Study Area.<br />

Data Sources. Several sources of data will be required for the analysis. Daily<br />

stream flow records at several gage sites will be required, as shown in Table 1 below.<br />

Several other discontinued gages may also be required to either extend the period of<br />

record at a nearby gage or used as a check on computed flows at various critical locations<br />

within the model (e.g. <strong>Loup</strong> River at Columbus gage or Platte River at Ashland gage).<br />

Gage heights will also be required to properly calibrate the unsteady routing model to<br />

historic flows at each of the gage locations, but the period of record of gage heights is<br />

likely to be much shorter than for the stream flow records. Channel cross-section<br />

geometry will be required throughout all of the stream reaches within the unsteady<br />

routing model. Some geometry will be available from existing hydraulic models, but<br />

some new cross-section geometry will need to be collected to ensure model stability and<br />

robustness. Overbank channel geometry can be collected from digital terrain models<br />

through use of a GIS preprocessor, such as HEC-GeoRAS. The channel and overbank<br />

geometries can be merged within HEC-RAS. Field data will be required to verify various<br />

parameters, such as channel and overbank roughness, for the unsteady flow model.<br />

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Table 1. List of USGS Stream Gage Locations within Study Area<br />

Site Name USGS Gage Number Period of Record<br />

Platte River near Duncan, NE 06774000 5/3/1895 – Present<br />

South <strong>Loup</strong> River at Saint Michael, NE 06784000 10/1/1943 – Present<br />

Middle <strong>Loup</strong> River at Saint Paul, NE 06785000 9/1/1928 – Present<br />

North <strong>Loup</strong> River near Saint Paul, NE 06790500 9/1/1928 – Present<br />

<strong>Loup</strong> River <strong>Power</strong> Canal near Genoa, NE 06792500 1/1/1937 – Present<br />

<strong>Loup</strong> River near Genoa, NE 06793000 4/1/1929 – Present<br />

Beaver Creek at Genoa, NE 06794000 10/1/1940 – Present<br />

Platte River at North Bend, NE 06796000 4/1/1949 – Present<br />

Elkhorn River at Waterloo, NE 06800500 4/28/1899 – Present<br />

Platte River at Louisville, NE 06805500 6/1/1953 - Present<br />

Sediment Transport (<strong>Loup</strong> and Platte Rivers). Sediment transport will be assessed by<br />

use of a sediment transport model in HEC-RAS. With and without power canal diversion<br />

flow sets will be used to asses the differences in sediment transport capacity and to<br />

determine the potential changes in channel geometry for both scenarios. The differing<br />

channel geometries will be further used to assess the differences in hydraulic conveyance<br />

under ice conditions.<br />

Methodology. A sediment transport model will used in HEC-RAS using the<br />

channel geometries utilized for the unsteady flow routing model in the Hydrology section<br />

above. Prior to use for sediment transport, the model will be properly calibrated for open<br />

water conditions as specified in the Ice-Affected Hydraulics section below. Historic<br />

sediment load data from the USGS and other sources will be used as model inputs, as<br />

well as historic records of sediment removed from the power canal settling basin.<br />

Historic conditions will be simulated to verify the relative stability of the current channel<br />

geometries throughout the study reach. Once the sediment transport model is deemed<br />

sufficiently calibrated to existing conditions, the model will be modified to preclude<br />

power canal diversions and reintroducing the sediment removed in the settling basin to<br />

the channel at point of diversion. Changes in ultimate channel geometry will then be<br />

assessed. No changes in channel planform will be considered, however. The existing<br />

geometry and the without diversion geometry will then be used to assess the differences<br />

in ice-affected hydraulics.<br />

Data Sources. Data sources required include the data and models developed in<br />

the Hydrology section above, as well as sediment data. The USGS gages shown in Table<br />

1 above will be utilized to collect bed load and suspended sediment load (and total<br />

sediment load, if not available separately), as available. Bed material gradation data, as<br />

available from the USGS and other sources, will also be collected. Additional field<br />

collection of bed material data may be required if information is lacking in various<br />

reaches. Suspended load gradations, as available from the USGS, will also be utilized.<br />

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Ice Formation (<strong>Loup</strong> and Platte Rivers). The mechanics of ice formation on the study<br />

area rivers will be examined. Hydrometeorlogic data will be utilized to determine ice<br />

production, in conjunction with field observations from the Nebraska Ice Reports (NIR)<br />

database. The total volume of ice produced within the study reach will be estimated for<br />

the with and without power canal diversion flow and channel regimes for use in the Ice-<br />

Affected Hydraulics computations.<br />

Methodology. Hydrometeorologic data, such as air temperature and precipitation,<br />

will be collected from the National Climatic Data Center (NCDC) at various stations<br />

within and near the study area. Statistical analysis will be performed to determine the<br />

correlation between formation of frazil ice and hydrometeorologic conditions and<br />

discharge, and correlated with actual field observations as noted in the NIR database and<br />

power canal shutdowns during periods of frazil production. The total volume of frazil ice<br />

produced can be estimated through a deterministic mathematical model. Ice cover<br />

thickness growth will be estimated through use of the modified Stefan equation and<br />

corroborated against field measurements of average ice thickness. The values for ice<br />

production and thickness will be used as part of the Ice-Affected Hydraulics<br />

computations. If a difference in ice production can be attributed to differences in<br />

discharge, those differences will be utilized in assessing the Ice-Affected Hydraulics for<br />

the with and without diversion conditions (flow and geometry) as appropriate.<br />

Data Sources. Flow data developed from the Hydrology section above will be<br />

needed. All available data will be collected from meteorologic reporting stations within<br />

and near the study area from the NCDC for those stations with records deemed to be<br />

complete or near-complete concurrent with the period of record modeled in the<br />

Hydrology section above. All field observations from the Nebraska Ice Report database<br />

within the study reach will be collected. All pertinent information from the Cold Regions<br />

Research and Engineering Laboratory (CRREL) Ice Jam Database (IJDB) for the study<br />

reach will also be collected.<br />

Ice Transport During Freezeup and Breakup. The transport of ice floes is beyond the<br />

capability of a one-dimensional model such as HEC-RAS. However, a two-dimensional<br />

model such as the DynaRICE ice-hydraulic numerical model has been successfully used<br />

to model ice transport through various channels and hydraulic structures as well as ice<br />

jam initiation. Modeling of select reaches of interest may demonstrate differences in the<br />

formation of ice under with and without power canal conditions.<br />

Methodology. A DynaRICE hydraulic model will be constructed in several areas<br />

of interest, such as downstream of the power canal headworks on the <strong>Loup</strong> River, the<br />

<strong>Loup</strong> River at Columbus, the Platte River downstream of the <strong>Loup</strong> <strong>Power</strong> Canal tailrace,<br />

and the Platte River at North Bend. The Columbus and North Bend sites would be<br />

modeled due to historic ice jam occurrences (both freezeup and breakup), while the <strong>Loup</strong><br />

River downstream of the headworks would be modeled as it would presumably have the<br />

greatest difference in flow and geometry regimes. The reach downstream of the tailrace<br />

would be modeled to determine if the elevated water temperatures and hydrocycling from<br />

the power canal increase areas of open-water downstream, which in turn may lead to<br />

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greater formation of frazil ice. If differences in ice cover formation and/or jam formation<br />

can be demonstrated with the DynaRICE model, those differences will be utilized in the<br />

Ice-Affected Hydraulics analysis as appropriate. An algorithm would need to be<br />

developed to convert existing channel bathymetry based on differences in channel<br />

geometry developed in the Sediment Transport study above.<br />

Data Sources. The flow and geometry data and ice information developed in the<br />

Hydrology, Sediment Transport and Ice Formation studies above would be needed.<br />

Detailed channel bathymetry in the locations of interest for DynaRICE modeling would<br />

need to be collected to enable creation of an appropriate 2-D model geometry. Engineers<br />

with DynaRICE modeling experience (such as at CRREL) would be needed to model the<br />

various reaches.<br />

Ice-Affected Hydraulics. Differences in flow and channel regimes between the with and<br />

without flow diversions may lead to differences in water surface profiles in the study<br />

reach. If the flow and channel regime differences lead to differences in ice cover and ice<br />

jam formation, these may lead to additional differences in water surface profiles. These<br />

differences may lead to an increase (or decrease) in flood risk to floodplain infrastructure.<br />

Methodology. The unsteady routing model developed as part of the Hydrology<br />

study would be utilized for computing the ice-affected hydraulics of the study area. The<br />

first step would be to develop an open-water model, however, as a stable, robust<br />

hydraulic model would be needed for both the Hydrology and Sediment Transport<br />

studies. The model geometry predicted from the without diversion Sediment Transport<br />

study would also need to be modeled under open-water conditions to verify model<br />

robustness. Once the with and without diversion geometries are suitable for modeling,<br />

various steady flows would be modeled with a solid ice cover, using ice thicknesses<br />

developed in the Ice Formation study as appropriate. Ice jams would be modeled for<br />

freezeup and breakup conditions for the existing conditions geometry, utilizing HEC-<br />

RAS’s capability to predict ice jam formation location, coupled with knowledge of<br />

historic jam locations and results from the Ice Transport During Freezeup and Breakup<br />

analysis above, to verify model accuracy for jam formation computations. HEC-RAS<br />

would then be used to predict where ice jams form in the without flow diversion model,<br />

utilizing ice jam parameters similar to the with flow diversion (i.e. existing) conditions<br />

model, unless the Ice Formation and Ice Transport During Freezeup and Breakup<br />

demonstrate that different parameters should be utilized. Differences in water surface<br />

profiles for similar conditions (e.g. use the 2-, 5-, and 10-year flows for with and without<br />

diversions, which may be different at certain locations) would then be computed to<br />

determine if power canal operations increase or decrease flood risk to overbank<br />

infrastructure.<br />

Data Sources. Data developed as part of all studies shown above would be<br />

needed for the Ice-Affected Hydraulics analysis. Additionally, high water marks during<br />

ice jam events would be obtained from USACE and other agencies’ records to use for ice<br />

jam model calibration. Additional high water marks, such as tree scars, would be<br />

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collected in the field throughout the study reach near known ice jam locations for<br />

additional model calibration of ice jams.<br />

Ice Jam/Breakup Predictive Model. Empirical models have been previously developed<br />

by CRREL and USACE-Omaha for the Platte River at North Bend to predict the<br />

formation of ice jams and the date of ice breakup based upon climatic and hydrologic<br />

parameters for input. Similar model development could be used to predict formation of<br />

ice jams and/or breakup of ice on the <strong>Loup</strong> River.<br />

Methodology. Climatic and hydrologic data collected as part of other studies<br />

listed above would be obtained. The NIR and CRREL IJDB would also be used to<br />

retrieve information on dates of jam formation. Multi-regression equations would be<br />

used to correlate various climatic and hydrologic data with known ice jams to develop a<br />

hindcast model that could be used for future predictive purposes. If ice jam development<br />

can be linked to geometry differences, the model could be used to synthesize a record of<br />

potential ice jam occurrences under the without diversion condition.<br />

Data Sources. Data collected in all studies shown above will be utilized to<br />

develop the predictive model. No other data is likely needed.<br />

Identification of Methods for Prevention and Mitigation of Ice Jams. If it is<br />

demonstrated that operation of the <strong>Loup</strong> <strong>Power</strong> Canal increases flood risk in any part of<br />

the study reach, it would be prudent to identify those structural and nonstructural means<br />

that may prevent and/or mitigate the impacts of ice jams. Structural means may include<br />

structural alterations to the canal headworks to reduce ice volume or construction of a<br />

flood control project. Nonstructural means may include alteration of canal operations or<br />

relocation of at-risk structures. These options are merely examples, and do not constitute<br />

the full range of possible prevention/mitigation options.<br />

Methodology. Based upon the results of the above studies, all viable structural<br />

and nonstructural measures for prevention and/or mitigation of ice jams would be<br />

investigated. Development of a list of measures to be considered may be garnered<br />

through public and power district input and an elicitation of experts in ice jams and flood<br />

risk reduction and mitigation. A screening process would be enacted to carry forward<br />

those measures deemed most feasible by a panel consisting of individuals representing<br />

the power district, and local and state governments. Each measure carried forward would<br />

be evaluated as to its technical merit and cost, among other parameters. A scoring matrix<br />

could then be created to weigh each alternative as to how well it meets various criteria,<br />

and the top scoring alternatives determined for further consideration and/or<br />

implementation.<br />

FERC Project No. 125 6 of 6 Nebraska Department of Natural Resources


20090807-5090 FERC PDF (Unofficial) 8/7/2009 4:17:10 PM<br />

Document Content(s)<br />

Brians letter.PDF.....................................................1-2<br />

Revised_Study_Plan_by_DNR07312009.DOC.................................3-8<br />

Statutes.DOC..........................................................9-11<br />

<strong>Loup</strong> <strong>Power</strong> Ice Effects Scope.DOC......................................12-17


August 17, 2009<br />

Honorable Kimberly D. Bose, Secretary<br />

Federal Energy Regulatory Commission<br />

888 First Street NE<br />

Washington, DC 20426<br />

Subject: <strong>Loup</strong> River Hydroelectric Project<br />

FERC Project No. 1256<br />

Docket 1256-029<br />

Dear Secretary Bose,<br />

Via Electronic Filing<br />

On August 7, 2009, the Nebraska Department of Natural Resources (NDNR) submitted a letter<br />

requesting that the Commission reject <strong>Loup</strong> <strong>Power</strong> <strong>District</strong>’s Revised Study Plan for Study 12.0,<br />

Ice Jam Flooding on the <strong>Loup</strong> River. The <strong>District</strong> to provides the following clarifications<br />

regarding Study 12.0 that address NDNR’s expressed concerns:<br />

• NDNR has expressed concern regarding the geographic area proposed for study in the<br />

<strong>District</strong>’s Revised Study Plan. As stated on page 12-7 of Study 12.0, the <strong>District</strong>’s<br />

proposed study area includes the <strong>Loup</strong> River bypass reach and the <strong>Loup</strong> <strong>Power</strong> Canal.<br />

The study area proposed by the <strong>District</strong> focuses on the exact area of concern identified in<br />

NDNR’s February 9 and August 7, 2009, letters. NDNR states that one of the areas most<br />

affected by the March 1993 flooding caused by ice jams and rapid snowmelt was along<br />

the <strong>Loup</strong> River at Columbus, NE, downstream of the Project. As such, the <strong>District</strong><br />

maintains that the proposed study area defined in Study 12.0 is appropriate.<br />

Additionally, on page 12-7 of Study 12.0, the <strong>District</strong>’s Revised Study Plan clearly states<br />

that if a definitive incremental relationship is discovered in the <strong>Loup</strong> River bypass reach<br />

(which would include the 2-mile bypassed reach of the Platte River, as noted above), that<br />

an expanded study area may be appropriate.<br />

• NDNR also expressed concern that the <strong>District</strong>’s Revised Study Plan includes only a<br />

qualitative analysis and would limit or preclude a quantitative analysis as requested by<br />

NDNR. As agreed to at the May 27-28, 2009, Study Plan Meeting, the <strong>District</strong>’s Revised<br />

Study Plan includes performing a quantitative analysis if available data can support such


an analysis. As noted on page 12-9 of Study 12.0, the <strong>District</strong> has proposed a two-phase<br />

approach:<br />

o Phase 1 – Evaluation of available data by the U.S. Army Cold Regions Research<br />

and Engineering Laboratory (CRREL) and a qualitative analysis of relationships<br />

between Project operations and ice jam flooding; and<br />

o Phase 2 – A quantitative ice jam flooding analysis (to be performed if the<br />

available data evaluated in Phase 1 is sufficient for such an analysis)<br />

The <strong>District</strong>’s Revised Study Plan specifically includes a quantitative analysis to be<br />

performed by CRREL based on CRREL’s assessment of the available data.<br />

• The <strong>District</strong> maintains that it cannot be expected to agree to a quantitative study which<br />

may not be possible to conduct because of insufficient data. Regardless of NDNR’s<br />

desire for a detailed quantitative analysis, it may need to accept the previous CRREL and<br />

Corps conclusion that such an analysis cannot be performed if the available data will not<br />

support it.<br />

Additionally, the <strong>District</strong> would like to note that although the possibility of a meeting to discuss<br />

the Revised Study Plan was mentioned by NDNR on July 7, 2009, there was not sufficient time<br />

to arrange such a meeting prior to submittal of the Revised Study Plan.<br />

The <strong>District</strong> respectfully submits the above information for consideration by the Commission in<br />

developing the Study Plan Determination for relicensing Project No. 1256.<br />

Respectfully Submitted,<br />

Neal D. Suess<br />

President/CEO<br />

<strong>Loup</strong> <strong>Power</strong> <strong>District</strong>


August 17, 2009<br />

Honorable Kimberly D. Bose, Secretary<br />

Federal Energy Regulatory Commission<br />

888 First Street NE<br />

Washington, DC 20426<br />

Subject: <strong>Loup</strong> River Hydroelectric Project<br />

FERC Project No. 1256<br />

Docket 1256-029<br />

Dear Secretary Bose,<br />

Via Electronic Filing<br />

On August 10, 2009, the U.S. Fish and Wildlife Service (USFWS) submitted a letter<br />

commenting on the <strong>Loup</strong> <strong>Power</strong> <strong>District</strong>’s Revised Study Plan (RSP) for the relicensing action.<br />

The <strong>District</strong> provides the following clarifications for the Commission’s consideration:<br />

• Numerous additions suggested by USFWS were submitted in previous letters dated<br />

February 9, 2009, and June 24, 2009. The <strong>District</strong> maintains that the RSP adequately<br />

responded to those comments; consequently, further response is not needed here.<br />

• USFWS recommended in General Comment 1 that FERC place constraints on the<br />

<strong>District</strong> regarding the development of conclusions after collecting and analyzing data.<br />

The reasoning for its recommendation is that these conclusions would somehow<br />

undermine FERC’s ability to exercise its independent judgment. USFWS also implied<br />

that these conclusions would conflict with USFWS’s authority under the Endangered<br />

Species Act (ESA). The <strong>District</strong> strongly objects to USFWS’s recommendation.<br />

First, it is inconceivable that anything the <strong>District</strong> includes in its application could in any<br />

way restrict FERC’s ability to exert independent judgment over the application. It is also<br />

inconceivable that any conclusions the <strong>District</strong> would make concerning impacts on<br />

threatened or endangered species would somehow usurp USFWS’s authority.<br />

Second, the <strong>District</strong> maintains that the entire relicensing process would benefit from the<br />

data analysis that the <strong>District</strong> would conduct in the development of any conclusions<br />

relating to project impacts. The <strong>District</strong> is expending considerable effort and resources to


Page 2<br />

gather this data and will be extremely familiar with its use and limitations. Allowing the<br />

<strong>District</strong> to use this knowledge to analyze and develop conclusions concerning project<br />

impacts would seem to be of benefit to both FERC and USFWS by providing them the<br />

benefit of additional information for consideration in the agencies’ respective decisions.<br />

Third, the <strong>District</strong> maintains that USFWS’s recommendation is inconsistent with<br />

established FERC licensing procedures. Because USFWS has participated in previous<br />

relicensing efforts and is therefore familiar with FERC’s relicensing procedures, the<br />

<strong>District</strong> is concerned that USFWS would make a recommendation that is inconsistent<br />

with these procedures and attempt to restrict the <strong>District</strong>’s application.<br />

• In its General Comment 2, USFWS reiterated the request made in its June 24, 2009,<br />

comment letter on the Proposed Study Plan (PSP) to have FERC use the hydrology<br />

developed as part of the Platte River Recovery Implementation Program (PRRIP) and<br />

developed by the Nebraska Department of Natural Resources (NDNR) for its 2009<br />

annual appropriation report. The <strong>District</strong> wants to ensure that FERC understands that use<br />

of this information is inconsistent with the ESA and may be inconsistent with the<br />

National Environmental Policy Act (NEPA).<br />

First, USFWS wants to use a baseline that reflects a projection of future conditions. This<br />

is inconsistent with USFWS’s cumulative effects procedures, which require that future<br />

conditions be based on specific actions that have completed Section 7 consultation. In its<br />

August 10, 2009, letter, USFWS points out that the PRRIP has completed Section 7<br />

consultation.<br />

While this is true, the <strong>District</strong>’s understanding of the PRRIP is that it is a program that<br />

has specific objectives and 130,000 to 150,000 acre-feet of water to use to help achieve<br />

these objectives. How that water is managed is at the discretion of the PRRIP and the<br />

Environmental Account Manager, who is an employee of USFWS. Because of this<br />

discretion, the <strong>District</strong> does not believe that the PRRIP has detailed hydrology for the<br />

<strong>District</strong> to use in its analysis of cumulative effects. However, the <strong>District</strong> recognizes that<br />

analysis was done for the PRRIP Section 7 consultation based on assumptions of how<br />

water would be managed; if USFWS persists in its request, the <strong>District</strong> requests that<br />

FERC have USFWS provide the detailed hydrology and what assumptions are made<br />

about that data that would allow the <strong>District</strong> to incorporate it into its analysis.<br />

Furthermore, based on USFWS’s reference to “USDOI 2006,” the <strong>District</strong> maintains that<br />

including the PRRIP would have essentially no effect on the analysis of the relicensing.<br />

In reference to the Lower Platte River, the USDOI 2006 reference states on page 5-148<br />

that “The Governance Committee Alternative does not provide significant benefits to the<br />

pallid sturgeon; that is, it does not create conditions significantly different from the<br />

Present Condition.” In addition, it is the <strong>District</strong>’s understanding that USFWS was a part<br />

of the team who did the hydrologic analysis and came to the conclusion on page 5-149 of<br />

the same report that states, “The effects may or may not be detectible, given the very<br />

small magnitude of the changes.”


Second, USFWS’s recommendation to use the baseline from the NDNR study is<br />

inconsistent with the ESA and could be inconsistent with NEPA. It is inconsistent with<br />

the ESA because the report has not gone through Section 7 consultation and, therefore,<br />

cannot be included as a reasonably foreseeable future action. Also, the baseline in this<br />

report is a future projection of depletions based on past trends. The <strong>District</strong> maintains<br />

that this is inconsistent with USFWS’s ESA procedures, which use an existing baseline.<br />

Page 3<br />

Third, the use of the hydrology in the NDNR report could be inconsistent with NEPA.<br />

The use of the hydrology as a baseline is inconsistent with NEPA, which has as a<br />

standard the use of existing conditions for a baseline. The <strong>District</strong> has not conducted an<br />

analysis of the projections within the NDNR report to determine if they are based on<br />

actions that meet the NEPA standard for a reasonably foreseeable future action. If they<br />

do and they have sufficient detailed hydrology that their inclusion is compatible with the<br />

<strong>District</strong>’s proposed analysis, then these actions will be included in the cumulative effects<br />

analysis. If they do not meet this standard or do not have sufficient detail to be included<br />

in the analysis, then these future actions from the NDNR report will not be included in<br />

the cumulative effects analysis.<br />

• The <strong>District</strong> also has concerns related to the attachment to the USFWS’s August 10,<br />

2009, letter, “a critical review of the Proposed Study Plan (PSP) by the U.S. Geological<br />

Survey (USGS), Nebraska Water Science Center (NEWSC).” First, the <strong>District</strong> notes<br />

that this comment document compiled by USGS on the PSP was submitted by USFWS<br />

far out of time with respect to the PSP comment period, which ended on June 25, 2009,<br />

per ILP regulations.<br />

Second, the <strong>District</strong> further notes that this document clearly addresses only the nowsuperseded<br />

PSP and not the RSP, which was distributed on July 27, 2009, in accordance<br />

with ILP regulations. As a result of diligent consultation efforts by the <strong>District</strong>, there are<br />

numerous and substantive differences between the PSP and the RSP. These range from<br />

completely revised study objectives and major changes in study approaches to subtle<br />

changes of task or report wording. Because the USGS review is based on a superseded<br />

document, addressing its comments would be exceedingly difficult, if not impossible.<br />

Third, because the USGS review document was submitted entirely out of time with<br />

respect to the PSP, and because it clearly does not address the RSP submitted on<br />

July 27, 2009, the <strong>District</strong> respectfully requests that the USGS review document either be<br />

disallowed from these proceedings in its entirety or given minimal consideration by<br />

FERC. Many of the items addressed in the USGS review have already been changed or<br />

elaborated on in the RSP, so the review is irrelevant in many regards, and it is not the<br />

burden of the <strong>District</strong> or FERC to sort out the relevance of comments that were submitted<br />

after the closing date.


Page 4<br />

• Finally, the <strong>District</strong> wishes to clarify information cited on page 5 of the USFWS letter<br />

regarding Parsons’ 2003 studies. The referenced paragraph does not appear in the<br />

Task A3 report as suggested. The list of references cited at the end of the letter includes<br />

Parsons’ Task B1 report, but the paragraph is not contained in that source either. The<br />

context of the paragraph, which appears in another Parsons’ report, is clearly about<br />

contraction scour, which is always temporary in live-bed transport streams. The mention<br />

of antecedent flows is a reference to flows that are sufficiently high to contact the bridge<br />

abutments and cause contraction scour, and that any such effects would be short-lived<br />

because the bed material being transported by the river would quickly fill the temporarily<br />

scoured zones.<br />

The <strong>District</strong> respectfully submits the above information for consideration by the Commission in<br />

developing the Study Plan Determination for relicensing Project No. 1256.<br />

Respectfully Submitted,<br />

Neal D. Suess<br />

President/CEO<br />

<strong>Loup</strong> <strong>Power</strong> <strong>District</strong>


'Dave Heineman<br />

Governor<br />

Kimberly D. Bose, Secretary<br />

Nathaniel J. Davis, Sr., Deputy Secretary<br />

Federal Energy Regulatory Commission<br />

888 First Street, N.E., Room 1A<br />

Washington, DC 20426<br />

September 1, 2009<br />

RE: Relicensing of <strong>Loup</strong> River Hydroelectric Project (Project)<br />

PERC project number 1256<br />

Final Study Plan Determination, Study Plan Number 12<br />

Dear Secretary Bose:<br />

STATE OF NEBRASKA<br />

DEPARTMENT OF NATURAL RESOURCES<br />

Brian P. Dunnigan, P .E.<br />

Director<br />

The Nebraska Department of Natural Resources wishes to thank you for your thorough analysis<br />

of the Revised Study Plan Number 12. We accept the final study determination with one<br />

exception: it appears a scrivenor's error occurred in the second paragraph of the Conclusions<br />

section of Final Study Plan Number 12.<br />

Paragraph two of the Conclusions section of Study Plan Number 12 suggests that the Project's<br />

effects on stream morphology and hydrology should be studied on a portion of the Platte River<br />

basin which includes the <strong>Loup</strong> River bypass, continuing downstream to a point not influenced by<br />

the Elkhorn River. To accomplish this, the Department suggests it was the intent of the Federal<br />

Energy Regulatory Commission to modify the methodology developed by the Corps of<br />

Engineers so as to study a foreshortened portion of the Platte River: from Fullerton to the USGS<br />

North Bend gaging station. Sentence four of paragraph two of Study Plan Number 12 is contrary<br />

to this presumed geographic area. The sentence presently reads that the study would " ... include<br />

the <strong>Loup</strong> River from Fremont, Nebraska to the Platte River at the USGS North Bend gaging<br />

station." Fremont is not located on the <strong>Loup</strong> River; Fremont is located north of the Platte River,<br />

downstream of North Bend. North Bend is located approximately 65.4 river miles downstream<br />

of the Project's diversion of the <strong>Loup</strong> River. A reach from a point near Fremont to the USGS<br />

North Bend gaging station would include no portion of the <strong>Loup</strong> River and, therefore, no portion<br />

of the diversion of the <strong>Loup</strong>, the "bypass" portion of the <strong>Loup</strong>, or the confluence of the Project<br />

tail race with the Platte River. To accomplish the presumed goals set forth by the Commission,<br />

the Department proposes that the second paragraph of the Conclusions section of Study Plan<br />

Number 12 state as follows:<br />

IN REPLY TO:<br />

admin-directorsJDunnigan/2009<br />

301 Centennial Mali South. 4th Roor • roo Box 94676 • Lincoln, Nebraska 68509-4676 • Phone (402) 471-2363 • Tele!ax (402) 471-2900<br />

An Equal Opportunity/Affirmative Action Employer<br />

@ Printed with soy ink on recycled paper'


OFFICE OF ENERGY PROJECTS<br />

Neal D. Suess, President/CEO<br />

<strong>Loup</strong> <strong>Power</strong> <strong>District</strong><br />

2404 15 th Street<br />

P.O. Box 988<br />

Columbus, NE 68602-0988<br />

FEDERAL ENERGY REGULATORY COMMISSION<br />

WASHINGTON D.C. 20426<br />

August 26, 2009<br />

Project No. 1256-029─Nebraska<br />

<strong>Loup</strong> River Hydroelectric Project<br />

<strong>Loup</strong> River Public <strong>Power</strong> <strong>District</strong><br />

Reference: Study Plan Determination for the <strong>Loup</strong> River Hydroelectric Project<br />

Dear Mr. Suess:<br />

Pursuant to 18 CFR §5.13(c) of the Commission’s regulations, this letter includes<br />

my study plan determination for the <strong>Loup</strong> River Public <strong>Power</strong> <strong>District</strong>’s (<strong>Loup</strong> <strong>Power</strong><br />

<strong>District</strong> or <strong>District</strong>) <strong>Loup</strong> River Hydroelectric Project (Project). This determination is<br />

based on the staff’s review of the revised study plan, comments on the proposed and<br />

revised study plan, and other elements of the record.<br />

While many issues associated with your proposed and revised study plans have<br />

been resolved, some unresolved issues remain. This letter includes modifications to your<br />

revised study plan necessary to resolve the outstanding issues, which are discussed in<br />

<strong>Appendix</strong> A.<br />

Background<br />

On March 27, 2009, the <strong>District</strong> filed its proposed study plan that included 12<br />

study plans on fish, water quality, cultural, recreation, land use, terrestrial, and<br />

developmental resources.<br />

On April 21, 2009, May 5, 2009, May 11, 2009, and May 27 & 28, 2009, the<br />

<strong>District</strong> held study plan meetings with the relicensing participants, some of which<br />

included Commission staff, to discuss its proposed study plans. The <strong>District</strong> filed a<br />

revised study plan on July 27, 2009, which included:


P-1256-029 - 2 -<br />

Leaving three study plans unchanged: Fish Passage, Land Use Inventory, and<br />

Section 106 Compliance.<br />

Modifying six study plans: Sedimentation, Hydrocycling, Water Temperature for<br />

the <strong>Loup</strong> River Bypassed Reach, Flow Depletion and Flow Diversion, Recreation<br />

Use, and Ice Jam Flooding on the <strong>Loup</strong> River.<br />

Deleting two study plans: Water Temperature in the Platte River and Fish<br />

Inventory.<br />

Comments on the revised study plan were filed by the Nebraska Department of<br />

Natural Resources (Nebraska DNR) on August 7, 2009, and the U.S. Fish and Wildlife<br />

Service (FWS) on August 11, 2009. The <strong>District</strong> filed responses to the Nebraska DNR<br />

and FWS letters on August 18, 2009.<br />

Study Plan Determination<br />

Commission staff reviewed the <strong>District</strong>’s revised study plan, comments on the<br />

plan, and other elements of the record. Based on that review, I am: (1) approving the<br />

Fish Passage, Land Use Inventory, and Section 106 Compliance study plans as filed; (2)<br />

approving the Sedimentation, Hydrocycling, Water Temperature for the <strong>Loup</strong> River<br />

Bypassed Reach, Flow Depletion and Flow Diversion, Recreation Use, and Ice Jam<br />

Flooding on the <strong>Loup</strong> River study plans with further modifications; and (3) approving the<br />

removal of the Water Temperature in the Platte River and the Fish Inventory study plans.<br />

I am not requiring the <strong>District</strong> to conduct sediment sampling for polychlorinated<br />

biphenyls in the <strong>Loup</strong> <strong>Power</strong> Canal as requested by the FWS. My reasons for modifying<br />

the <strong>District</strong>’s revised study plan are explained in detail in <strong>Appendix</strong> A.<br />

If you have any questions, please contact Kim Nguyen at (202) 502-6105 or email<br />

at kim.nguyen@ferc.gov.<br />

Enclosures: <strong>Appendix</strong> A – Study Request Issues<br />

cc: Mailing List<br />

Public File<br />

Sincerely,<br />

Jeff C. Wright<br />

Director<br />

Office of Energy Projects


P-1256-029 - 3 -<br />

APPENDIX A<br />

STUDY REQUEST ISSUES<br />

The following discusses staff’s findings on the revised study plan proposed by the<br />

<strong>District</strong> and comments on those plans based on criteria outlined in the Commission’s<br />

regulations [18 CFR sections 5.9(b)(1)-(7)]. Except as explained below, we concur with<br />

the <strong>District</strong>’s conclusions and bases for its proposed study plans and conclude that the<br />

revised study plan, as modified below, adequately addresses all study needs at this time.<br />

This includes the deletion of the Water Temperature in the Platte River (Study 3.0) and<br />

the Fish Inventory (Study 6) study plans; no comments opposing their removal were<br />

filed.<br />

Approved Study Plans As Filed in the Revised Study Plan<br />

Study No. 7 – Fish Passage<br />

Study No. 10 – Land Use Inventory<br />

Study No. 11 – Section 106 Compliance<br />

Approved Study Plans with Modifications<br />

General Comments Applicable to Various Studies<br />

Determination of effects on federally listed species<br />

In the Sedimentation Study (task 5), the <strong>District</strong> proposes that if it were to<br />

determine that the project does not affect stream morphology in the <strong>Loup</strong> River bypassed<br />

reach and the lower Platte River, or that the system is in dynamic equilibrium, it will be<br />

inferred that the project does not affect interior least tern and piping plover nesting<br />

habitat parameters related to sediment transport and stream morphology and that no<br />

further analysis is warranted. Similar determinations of effect are implied in the Flow<br />

Depletion and Flow Diversion Study (task 2, 4, and 6). The FWS asserts that such<br />

determinations may limit the Commission’s sole discretion regarding a determination of<br />

project effects on listed species. FWS recommends that this and other study plan<br />

deliverables be limited to study methods, results, and raw data.<br />

While the <strong>District</strong> is free to interpret the study results, nothing in the study plan<br />

should be construed to limit the Commission’s ability to draw its own conclusions as to<br />

adverse effects on listed species or to request additional studies or modifications to<br />

studies as provided by our regulations.<br />

Future projections of the lower Platte River hydrology


P-1256-029 - 4 -<br />

In its comments on both the proposed study plan and revised study plan, FWS<br />

recommended that the <strong>District</strong> create future, projected hydrographs for use in comparing<br />

the benefits and costs among various, unspecified project operational alternatives. The<br />

projected hydrographs would be based on future water depletions to the lower Platte<br />

River “as demonstrated by Nebraska DNR (2009) and U.S. Department of Interior<br />

[Interior] (2006).”<br />

Nebraska DNR (2009) predicts that the cumulative effects on all present and<br />

predicted well development in the basin over the next 25 years will result in a depletion<br />

of flow on the lower Platte River at North Bend of about 255 cfs, which equates to a total<br />

annual volume reduction of about 184,000 acre-feet. The current mean annual flow at the<br />

site based on the U.S. Geological Survey’s [USGS] 2008 Water-Date Report is 4,506 cfs.<br />

The projected reduction in flow over the next 25 years would reduce this mean annual<br />

flow by 255 cfs or less than 6 percent.<br />

Whether this reduction will actually occur is debatable. Nebraska DNR (2009)<br />

bases this projection, in part, on speculations of future well development and a current<br />

well appropriations “lag effect” defined as the “delayed effect that the consumptive use<br />

of water associated with well pumping will have on hydrologically connected streamflow<br />

and the associated impact on surface water appropriations.” The prediction also assumes<br />

that precipitation and irrigation patterns will remain constant. Therefore, the result is a<br />

very precise estimate (i.e., 255 cfs, not 250 cfs, or 300 cfs) but with a reasonably high<br />

degree of uncertainty associated with its underlying assumptions.<br />

Using a hydrograph that may or may not exist 25 years into the future would not<br />

be adequate for assessing project effects in the early years of a license when the flows can<br />

be predicted with the most certainty.<br />

With regard to Interior (2006), FWS does not provide a methodology or explain<br />

what specific information in the report would be used to predict future water depletions in<br />

the lower Platte River. We note that Interior (2006) analyzes various flow management<br />

alternatives well upstream of the project area in the Central Platte River subbasin for the<br />

purpose of benefitting federally listed species; however, Interior (2006) at 3-15 concludes<br />

that the various flow management alternatives that were analyzed “would result in only<br />

small changes to these flow parameters in the Lower Platte River and, therefore, provide<br />

marginal benefits to the pallid sturgeon.” It’s not clear to us how this information would<br />

be translated into a projected hydrograph for the lower Platte River.<br />

Our practice, which is widely accepted and utilized, is to use the current<br />

hydrologic record as an approximation of future hydrology. This approach, like that used<br />

by Nebraska DNR (2009), has many of the very same limitations in that the predicted<br />

hydrology may be affected by changes in land use practices, water uses, precipitation<br />

patterns, and other similar factors that affect flows decades in the future. However, the


P-1256-029 - 5 -<br />

advantage of our approach is that we can more accurately predict project effects on river<br />

hydrology early on when the flows can be predicted with the most certainty.<br />

For the above reasons we will not require the <strong>District</strong> to synthesize a future<br />

hydrograph based on Interior (2006) and Nebraska DNR (2009), and use that record to<br />

assess project operational alternatives as recommended by FWS.<br />

Study No. 1 – Sedimentation<br />

In its revised study plan, the <strong>District</strong> proposes to conduct a sedimentation study<br />

with the following objectives: (1) characterize sediment transport in the <strong>Loup</strong> River<br />

bypassed reach and lower Platte River (i.e., Platte River extending from the <strong>Loup</strong> River<br />

confluence downstream to the Missouri River); (2) characterize stream morphology in the<br />

<strong>Loup</strong> River bypassed reach and in the lower Platte River through a data and literature<br />

review; (3) determine if a relationship can be detected between sediment transport and<br />

interior least term and piping plover nest counts and fledge success; and (4) determine if<br />

sediment transport limits pallid sturgeon habitat in the lower Platte River downstream of<br />

the Elkhorn River confluence.<br />

Objective 1 – Characterizing sediment transport<br />

Methodology<br />

Under this objective, the <strong>District</strong> would conduct two “tasks” called Task 2 and<br />

Task 3. Under Task 2, the <strong>District</strong> would update a sediment budget and sediment yield<br />

analysis completed by the Missouri River Basin Commission (MRBC) in September<br />

1975 using information generated by the U.S. Bureau of Reclamation for the Platte River<br />

at Duncan (upstream of the <strong>Loup</strong> River confluence) and the <strong>District</strong>’s dredge records for<br />

the project’s settling basin. Under Task 3, the <strong>District</strong> would calculate effective<br />

discharge (i.e., the flow or range of flows that transport(s) the most sediment) and total<br />

sediment transported at a total of nine USGS gage sites on the <strong>Loup</strong> River, Platte River,<br />

and project’s power and tailrace canals and one additional non-USGS gage site on the<br />

<strong>Loup</strong> River upstream of the project’s diversion dam. 1<br />

In calculating effective discharge and total sediment transported at the USGS gage<br />

sites, the <strong>District</strong> would utilize historic USGS gage discharge and river cross-sectional<br />

rating curves along with existing sediment information sources. For the one site on the<br />

<strong>Loup</strong> River upstream of the project’s diversion dam, the <strong>District</strong> would synthesize a<br />

discharge record for the site presumably utilizing recorded hydrologic data from one or<br />

more of the other sites and correcting for the drainage area of the <strong>Loup</strong> River at the site<br />

transport.<br />

1 Effective discharge and total sediment transported are indicators of sediment


P-1256-029 - 6 -<br />

upstream of the diversion. The <strong>District</strong> does not state how it would obtain the<br />

geomorphic indices (e.g., channel width, velocity, slope, gradation, etc.) for its<br />

calculation of total sediment transported at the upstream site but presumably would<br />

obtain them through a combination of field measurements and existing information<br />

sources. Effective discharge and total sediment transported would be determined for<br />

each study site for existing and alternative project operations using wet and drought year<br />

flows.<br />

In its revised study plan, the <strong>District</strong> notes that there has been limited<br />

sedimentation and geomorphology study on the lower Platte and <strong>Loup</strong> Rivers, inferring<br />

that their proposed study is needed to better understand project effects on sedimentation<br />

and geomorphology in the project area.<br />

Study Issues<br />

In its July 1, 2009, filing commenting on the proposed study plan, the FWS<br />

requested that, as part of the Task 2 sediment budget and sediment yield analysis, the<br />

<strong>District</strong> should directly measure the sediment supply contributions to the lower Platte<br />

River from the project’s tailrace channel and calibrate sediment supply estimates for the<br />

<strong>Loup</strong> River based on actual sediment dredged from the canal and from the <strong>Loup</strong> River<br />

immediately downstream of certain tributary confluences. The <strong>District</strong> responded in the<br />

revised study plan that direct measurements of sediment supplies requires extensive<br />

sampling both spatially and temporally in order to draw meaningful conclusions and that<br />

the existing sediment estimates in the literature are sufficient to meet the study objective.<br />

In its comments on the revised study plan, the FWS responded that the <strong>District</strong> should<br />

instead adjust sediment yield estimates for tributaries to the <strong>Loup</strong> River downstream of<br />

the diversion based on reductions in sediment documented in the project’s settling basin. 2<br />

The FWS notes that the reductions in the <strong>Loup</strong> River subbasin sediment yield as reflected<br />

in the dredge records is likely system-wide.<br />

Conclusions<br />

The FWS’s supposition that a system-wide reduction in sediment yield as<br />

evidenced by the reduction in material dredged since 1975 is reasonable. Therefore, as<br />

part of Task 2, the <strong>District</strong> shall adjust the sediment yield calculated for the <strong>Loup</strong> River<br />

and its tributaries downstream of the project’s diversion dam as well as the project’s<br />

2 In the PAD at 5-24, the <strong>District</strong> notes that its dredge records show that through<br />

1975, average annual material dredged was 2.2 million tons. Since then, the average has<br />

decreased to 1.2 million tons per year.


P-1256-029 - 7 -<br />

tailrace 3 based on documented reductions in dredged material from the project’s settling<br />

basin. This modification would require very little additional effort on the part of the<br />

<strong>District</strong> while improving the quality of the data.<br />

Objective 2 – Characterizing stream morphology<br />

Methodology<br />

Under this objective, the <strong>District</strong> would complete Tasks 2 and 3 as described<br />

above for Objective 1. The <strong>District</strong> would also conduct an additional analysis (Task 4) in<br />

which they would review measured and reported USGS stream morphology data,<br />

presumably for the nine USGS gage sites identified above, and calculate the effective<br />

discharges associated with each site’s stream morphology. The <strong>District</strong> would evaluate<br />

the effective discharges for various time periods, and analyze the information for<br />

substantive changes or trends over time. Based on this temporal review, the <strong>District</strong><br />

would make a determination for each site as to whether the <strong>Loup</strong> and lower Platte River’s<br />

morphology is in dynamic equilibrium or transitioning to other forms (i.e., states of<br />

aggradation or degradation). USGS morphology information would be reviewed to<br />

confirm the finding.<br />

Study Issues<br />

In its July 1, 2009, filing commenting on the proposed study plan, the FWS stated<br />

that in its view, the USGS’ cross-sectional data that would be used for Tasks 3 and 4<br />

would not adequately represent the geomorphic indices of the <strong>Loup</strong> and Platte Rivers,<br />

because the USGS gages are located near bridge crossings which are relatively narrow<br />

and constricted as compared to the prevailing river morphology which is wide and<br />

unrestricted. The FWS also added that the nearest proposed study site on the lower Platte<br />

River (i.e., USGS gage site at North Bend) is too far downstream (about 30 miles) to<br />

capture project effects on stream morphology closer to the tailrace canal. The FWS,<br />

therefore, recommended that the <strong>District</strong> obtain additional cross-sectional information<br />

and calculate effective discharges and total sediment transported for the following sites: 4<br />

(1) <strong>Loup</strong> River upstream of the project’s diversion; (2) <strong>Loup</strong> River immediately<br />

downstream of the project diversion; (3) lower Platte River between the <strong>Loup</strong> River and<br />

the project tailrace canal confluences; (4) lower Platte River immediately downstream of<br />

the tailrace canal to river mile 96 (a distance of about 5 miles); and (5) lower Platte River<br />

3 The Missouri River Basin Commission’s 1975 sediment budget shows that the<br />

cumulative sediment yield from the <strong>Loup</strong> River and its tributaries downstream of the<br />

project’s diversion to be 1,860,300 tons per year and from the project’s tailrace to be<br />

350,000 tons per year.<br />

4 The FWS did not specify the specific number of cross-sections to study at any of<br />

the sites.


P-1256-029 - 8 -<br />

near the USGS gage site at North Bend. The FWS added that comparisons in the<br />

geomorphic indices should be made between and among the sites.<br />

In its revised study plan, the <strong>District</strong> responded that a characterization of stream<br />

morphology cannot be done with one or several cross-sections measured over a 1- to 2year<br />

period but that multiple cross-sections at the same location taken over many years,<br />

like at the USGS gage sites, are needed in order to provide meaningful stream<br />

morphology information. The <strong>District</strong> added that the existing cross-sections for the<br />

USGS gage sites have been used multiple times by other unspecified entities for<br />

establishing aggradation/degradation trends in the lower Platte River upstream of the<br />

Elkhorn River confluence, and therefore, considers the USGS gage sites to be suitable for<br />

characterization stream morphology.<br />

In its comments on the revised study plan, FWS reiterated its former concerns and<br />

added that field measurements of cross-sections of the aforementioned sites should be<br />

done in place of using cross-sectional rating curve data recorded at the USGS gage sites.<br />

The FWS also noted that the USGS cross-sectional data were only taken at points along<br />

the cross-sections that were inundated at the time of the measurements, and therefore, did<br />

not account for the geomorphic characteristics of above-water channel components (i.e.,<br />

sand bars) important to federally listed interior least terns and plovers.<br />

Conclusions<br />

As noted above, Objective 2 is simply to characterize stream morphology in the<br />

<strong>Loup</strong> River bypassed reach and in the lower Platte River through a determination on<br />

whether the rivers at multiple locations are in a braided condition at dynamic equilibrium<br />

or are in varying states of transition to aggrading or degrading, non-braided channel<br />

forms. As to the FWS’ issue that the USGS cross-sectional data were only taken at<br />

points that were inundated, we don’t see how this is relevant to the characterization of<br />

stream morphology in the manner proposed by the <strong>District</strong>, which relies on a review of<br />

hydraulic data and calculations.<br />

As to the issue of the use of USGS gage sites at or near bridges, in an evaluation<br />

of the effects of bridges on water depths, velocities, and fish habitats for median- and<br />

low-flow conditions, Ginting and Zelt (2008) concluded that cross-sectional<br />

measurements made near bridges can be used as a “primary data set in hydraulic-habitat<br />

study, before embarking on a more spatially intensive but costly program of streamflowdepth<br />

and –velocity data collection.” Our interpretation of the Ginting and Zelt (2008)<br />

report, including a review of the aerial photographs of the near-bridge and adjacent<br />

beyond-bridge sites provided in the report, is that near-bridge sites provide a reasonable<br />

representation of beyond-bridge sites for purposes of evaluating the potential effects of<br />

environmental stressors (like project operations or bridge piers) on flow and geomorphic<br />

conditions. We, therefore, see no reason to adopt FWS’ recommendation for the <strong>District</strong>


P-1256-029 - 9 -<br />

to dispense with the proposed USGS gage sites in favor of beyond-bridge sites where the<br />

<strong>District</strong> would have to synthesize a flow record and obtain on-site field measurements of<br />

geomorphic indices.<br />

In regard to FWS’ recommendation that the <strong>District</strong> survey a point on the <strong>Loup</strong><br />

River upstream of the project’s diversion dam as part of the Objective 2 methodology, we<br />

note that the <strong>District</strong> already proposes to do this, and therefore, no action is required on<br />

our part (see revised study plan at 1-18).<br />

In regard to the FWS’ recommendation that the <strong>District</strong> survey a point on the <strong>Loup</strong><br />

River downstream of the diversion dam and the lower Platte River downstream of the<br />

project at North Bend in lieu of using information from the USGS gages in these reaches,<br />

as noted above, we see no reason to dismiss historic data obtained at the USGS gages in<br />

favor of nearby sites where the <strong>District</strong> would have to synthesize flow information and<br />

survey geomorphic conditions.<br />

In regard to the FWS’ issue that the North Bend gage site located about 30 miles<br />

downstream of the project would not reliably represent the lower Platte River<br />

immediately downstream of the project’s tailrace for purposes of assessing potential<br />

project effects, we agree. Annual sediment yield from the project’s tailrace is about 10<br />

percent of that which enters the canal from the <strong>Loup</strong> River; 5 therefore, flow in the tailrace<br />

is relatively depleted of sediment. The sediment-depleted tailrace flow (i.e., the relatively<br />

clear flow) has the capacity to mobilize sediment in the lower Platte River, with the most<br />

pronounced effect likely occurring immediately downstream of the tailrace canal<br />

confluence and a reduction in effect as the flow and its increasing sediment load<br />

progresses downstream toward North Bend. This effect could result in the river<br />

morphology in proximity to the tailrace being much different from that further<br />

downstream at North Bend. We, therefore, find that there is a need to survey at least one<br />

cross-section on the lower Platte River within the first 5 miles downstream of the project<br />

tailrace canal confluence so that we can adequately assess the effects of project<br />

operations, in terms of sediment removal, on the lower Platte River where any effects<br />

would likely be most pronounced.<br />

Similarly, we agree with the FWS that a cross-section is needed for the lower<br />

Platte River between the <strong>Loup</strong> River and tailrace canal confluences (a distance of about 2<br />

miles). This reach is part of the project’s bypassed reach. Flow and sediment transport to<br />

this reach comes from both the Platte and <strong>Loup</strong> Rivers upstream; therefore, neither the<br />

5 From figure 5-13 of the PAD, 1.9 million tons per year are removed from the<br />

settling basin and 0.70 million tons per year continues down the <strong>Loup</strong> Canal for a total<br />

sediment yield of 2.6 million tons per year from the <strong>Loup</strong> River. This compares to an<br />

annual sediment yield from the tailrace canal of 0.35 million tons per year.


P-1256-029 - 10 -<br />

<strong>Loup</strong> nor upstream Platte River USGS gage sites would reasonably represent channel<br />

morphology in the Platte River portion of the bypassed reach.<br />

We are unmoved by the <strong>District</strong>’s argument that meaningful information could not<br />

be obtained through an analysis of cross-sectional surveys taken on the lower Platte River<br />

upstream and downstream of the tailrace canal confluence. Although we agree with the<br />

<strong>District</strong> that channel morphologic characteristics based on comparisons of effective<br />

discharges between time periods (i.e., a temporal analysis) can not effectively be done for<br />

these additional sites, a spatial analysis at a single point in time can be performed for<br />

these and all of the other sites to determine if project operations, relative to sediment<br />

removal, affects channel morphology and to what extent based on proximity to the<br />

project’s diversion and to the project’s tailrace canal. We see no reason why such an<br />

analysis could not be done meaningfully given that a very similar spatial analysis of<br />

cross-sectional data taken at a single point in time at both USGS and non-USGS sites was<br />

successfully done by Ginting and Zelt (2008) for representative low flow and median<br />

flow conditions. The Ginting and Zelt (2008) study was conducted, in part, to document<br />

the effects of a potential stressor (i.e., presence of bridge piers) at successively greater<br />

distances away from its source.<br />

Ginting and Zelt (2008) were able to survey bed elevations, water-surface<br />

elevations, and streamflow velocities at five cross-sections on the lower Platte River near<br />

North Bend over a 3-day period, or an average of about two cross-sections per day.<br />

Therefore, the <strong>District</strong> should be able to survey the additional cross-sections on the lower<br />

Platte River at about the same rate, which we find to be a small amount of additional<br />

effort relative to the proposed scope of the study.<br />

For the above reasons, we conclude that in addition to synthesizing a flow record<br />

and surveying cross-sections on the <strong>Loup</strong> River upstream of the diversion dam, the<br />

<strong>District</strong> shall also synthesize a flow record for and survey at least one cross-section in the<br />

lower Platte River between the <strong>Loup</strong> River and tailrace canal confluences and at least one<br />

for the lower Platte River within 5 miles downstream of the tailrace canal. Because this<br />

analysis will be used to assess any project-induced sedimentation effects on interior least<br />

tern and piping plover nesting and pallid sturgeon habitat, the <strong>District</strong> shall, to the extent<br />

possible, survey the cross-sections in the late spring to early summer period (i.e., mid-<br />

May to mid-June) to coincide with the beginning of the interior least tern and piping<br />

plover nesting period. This time period would also coincide with the presumed pallid<br />

sturgeon spawning period (NGPC 2008a).<br />

At all sites (USGS gage and non-USGS gage sites), the <strong>District</strong> shall compare the<br />

capacity of the flows for total bed material transport to the sediment budget updated<br />

under Task 2 and make a determination as to whether the rivers at the sites are currently<br />

in dynamic equilibrium (i.e., the capacity for total bed material transport is equal or about<br />

equal to the sediment yield estimate for the site), degrading state (i.e., the capacity for


P-1256-029 - 11 -<br />

total bed material transport exceeds the site’s sediment yield estimate), or aggraded state<br />

(i.e., the sediment yield estimate exceeds capacity for total bed material transport).<br />

Using the findings on the current state of river morphology at each site, the<br />

<strong>District</strong> shall make longitudinal (spatial) comparisons of all sites on the <strong>Loup</strong> and lower<br />

Platte Rivers starting at the most upstream site on each river, and progressing<br />

downstream. In performing this spatial analysis, the <strong>District</strong> shall ensure that it uses<br />

cross-sectional geomorphic data from the USGS gage sites that are reasonably<br />

comparable to the cross-sectional geomorphic data taken at the non-USGS sites (i.e., the<br />

data taken at both USGS gage and non-USGS gage sites shall be obtained as close in time<br />

as possible).<br />

We note on page 1-22 of the revised study plan, the <strong>District</strong> proposes that the<br />

analyses in Tasks 3 and 4 will be performed for alternative conditions if it is determined<br />

that either the <strong>Loup</strong> or Platte Rivers are not in dynamic equilibrium, and the results will<br />

be compared to the results from the current condition analyses. The <strong>District</strong> shall<br />

perform the same alternatives analyses for the current condition spatial determination<br />

required above with the modification that the determination as to river state shall be done<br />

for each river reach (as represented by each study site) rather than for the rivers as a<br />

whole.<br />

Objective 3 – Determining relationship between sediment transport and interior<br />

least Tern and piping plover nest counts and fledge success<br />

Methodology<br />

Under this objective, the <strong>District</strong> would conduct a Task 5 in which they would<br />

review the results of Tasks 3 and 4 to determine whether the project is affecting the<br />

morphology in the lower Platte River. If the analysis shows that the project is affecting<br />

the morphology of the lower Platte River, then the <strong>District</strong> would determine the<br />

magnitude of the effect using the information acquired under Task 4. In addition, the<br />

<strong>District</strong> would plot available interior least tern and piping plover annual nesting count<br />

and productivity data versus effective discharge and versus total sediment transported for<br />

both wet and dry cycles. The <strong>District</strong> would conduct a regression analysis of the plotted<br />

parameters and examine the plots for trends to detect if a relationship can be established<br />

between the sediment transport indicators (i.e., effective discharge and total sediment<br />

transported) and bird nesting or productivity.<br />

Study Issues<br />

No one commented on the Objective 3 methodology as presented in the revised<br />

study plan.


P-1256-029 - 12 -<br />

Conclusions<br />

We have modified Task 4 under Objective 2 to require that the <strong>District</strong> survey at<br />

least two additional cross-sections on the lower Platte River and include these additional<br />

sites as part of a spatial analysis of project effects on channel morphology. Accordingly,<br />

Task 5 is modified such that in the review of the results of Tasks 3 and 4 in determining<br />

whether the project is affecting morphology in the lower Platte River and whether<br />

additional analysis on interior least tern and piping plover should be performed, the<br />

<strong>District</strong> shall include the additional cross-sections and associated longitudinal analysis.<br />

Objective 4 – Determining if sediment transport limits pallid sturgeon habitat<br />

Methodology<br />

Under this objective, the <strong>District</strong> would conduct a Task 6 in which they would<br />

review the results of Tasks 3 and 4 to determine whether the project is affecting the<br />

morphology in the lower Platte River downstream of the Elkhorn River confluence. If<br />

the analysis shows that the project is affecting the morphology of the lower Platte River<br />

downstream of the Elkhorn River confluence, then the <strong>District</strong> would determine the<br />

magnitude of the effect using the information acquired under Task 4. Additionally, the<br />

existing state of the Platte River below the Elkhorn River in terms of sediment transport<br />

and braided river morphology would be qualitatively compared to pallid sturgeon habitat<br />

characteristics of other rivers as cited in the literature to determine if changes in project<br />

operations relative to sediment transport could affect sturgeon use of the lower Platte<br />

River. If the differentiating factor is braided river morphology (i.e., if a qualitative<br />

review of the literature shows that sturgeon use requires a braided river morphology and<br />

the lower Platte River is shown to be transitioning away from that morphology), then the<br />

<strong>District</strong> would analyze alternative project operations to determine whether the project<br />

could restore a braided river morphology to the lower Platte River.<br />

Study Issues<br />

In it comments on the proposed study plan, FWS suggested eliminating this<br />

objective, because in its view, the <strong>District</strong> would have difficulty segregating project<br />

sediment supply effects from other factors. In it response, the <strong>District</strong> declined to<br />

eliminate the objective from its sediment study plan, because in its view, the objective is<br />

a viable means of qualitatively assessing the potential for the project to affect pallid<br />

sturgeon habitat. The <strong>District</strong> adds that this qualitative comparison would only take place<br />

if it were shown the project is affecting stream channel morphology of the lower Platte<br />

River downstream of the Elkhorn River confluence. In its comments on the revised study<br />

plan, FWS did not specifically respond to the <strong>District</strong>.


P-1256-029 - 13 -<br />

Conclusions<br />

We agree with the <strong>District</strong> that the study has value in that it would help us to<br />

determine whether project operations related to sediment removal (and any associated<br />

effects on site morphology such as a degraded condition) would be adversely affecting<br />

pallid sturgeon use of the study reaches within the lower Platte River.<br />

We note that pallid sturgeon habitat occurs on the lower Platte River upstream of<br />

the Elkhorn River confluence to as far as Columbus, NE, and historically, pallid sturgeon<br />

likely used this habitat (NGPC 2008a). Therefore, the <strong>District</strong> shall expand the<br />

geographic scope of Objective 4, including the study methodology, to include all required<br />

USGS gage and non-USGS gage study sites on the lower Platte River upstream of the<br />

Elkhorn River confluence with the exception of the USGS gage site at Duncan, NE<br />

(upstream of Columbus).<br />

As noted above under Objective 3 – Conclusions, we have modified Task 4 under<br />

Objective 2 to require that the <strong>District</strong> survey at least two additional cross-sections on the<br />

lower Platte River and include these additional sites as part of a spatial analysis of project<br />

effects on channel morphology. Accordingly, Task 6 is modified such that in the review<br />

of the results of Tasks 3 and 4 in determining whether the project is affecting morphology<br />

in the lower Platte River and whether additional analysis on sturgeon should be<br />

performed, the <strong>District</strong> shall include the additional cross-sections and associated<br />

longitudinal analysis.<br />

Study No. 2 – Hydrocycling<br />

In the revised study plan, the <strong>District</strong> proposes to evaluate the effects of<br />

hydrocycling on interior least terns, piping plovers, and pallid sturgeon by : (1)<br />

comparing sub-daily hydrocycling operation values (maximum and minimum flow and<br />

stage) to daily values (mean flow and stage), over periods of weeks, months, and specific<br />

seasons of interest to protected species; (2) determining potential for nest inundation due<br />

to hydrocycling and from any alternative conditions; (3) assessing effects on sediment<br />

transport parameters (primarily through Study 1); and (4) identifying material differences<br />

in potential effects on habitat of the interior least tern, piping plover, and pallid sturgeon.<br />

Methodology<br />

Under objective 4, the <strong>District</strong> would conduct a literature review of<br />

hydrocycling/pulsing effects on interior least tern, piping plover, and pallid sturgeon<br />

habitat, such as backwaters and side channels, on other river systems and compare the<br />

conditions on those systems with that on the lower Platte River as influenced by project<br />

operations to determine if project operations contribute to habitat conditions outside the<br />

spectrum of habitat used by these species on the other river systems. The comparative


P-1256-029 - 14 -<br />

analysis would identify whether there are differences or similarities between project<br />

operations and hydrocycling/pulsing operations on these other rivers to see if habitat<br />

characteristics or species usage that result from their respective operations are similar or<br />

different and if so, why. If differences are noted that would adversely affect interior least<br />

tern and piping plover habitat on the lower Platte river below the project tailrace and on<br />

the pallid sturgeon on the lower Platte River below Elkhorn, the <strong>District</strong> would determine<br />

whether these limitations are the result of project hydrocycling or other factors. If they<br />

are the result of hydrocycling the <strong>District</strong> would examine alternative conditions to<br />

determine if any of these limitations could be reduced.<br />

Study Issues<br />

In its comments on the revised study plan, the FWS recommends that the literature<br />

review be supplemented by including the following study sites on the lower Platte River<br />

under Objective 4: (1) the 2-mile reach between the <strong>Loup</strong> River and tailrace canal<br />

confluences; (2) immediately downstream of the tailrace canal confluence; (3) near the<br />

North Bend USGS gage; (4) near the Leshara USGS gage; and (5) near the Louisville<br />

USGS gage. Collected data would include: (1) intra-day project hydrocycling effects on<br />

fish habitat (in terms of preferred depths and velocities); (2) longitudinal effects of<br />

hydrocycling to fish habitat from upstream to downstream; (3) intra-day project<br />

hydrocycling effects on interior least tern and piping plover suitability criteria; and (4)<br />

longitudinal effects of project hydrocycling on sandbar erosion as the hydrocycling<br />

attenuates downstream. The FWS notes that the specific methods are referenced in their<br />

comments on the proposed study plan. In the proposed study plan, the FWS states that<br />

the methodology should be “similar to that of the Platte River Recovery Implementation<br />

Program’s stage change study (HDR 2008).” Specific habitat parameters to be sampled<br />

would include: (1) flow quantity; (2) depth; (3) velocity; (4) sandbar elevation; and (5)<br />

bed forms.<br />

Conclusions<br />

We have reviewed the HDR (2008) study and note that the methodology to be<br />

utilized involves one- and two-dimensional modeling of depths and velocities, and based<br />

on this information, predictions of resulting “bedforms.” The modeled depths, velocities,<br />

and bedforms would be used to identify and quantify habitat types, presumably at river<br />

flows of interest.<br />

A similar, albeit less intensive, flow versus habitat study for shortnose and pallid<br />

sturgeon has already been conducted on the lower Platte River (Peters and Parham 2008).<br />

In addition, the <strong>District</strong> notes that the Platte River Recovery Implementation Program<br />

(Program) is currently studying the effects of Platte River stage changes on pallid<br />

sturgeon habitat downstream of the Elkhorn River confluence and that the Program<br />

should complete the study by December 2009. The <strong>District</strong> proposes to use the results of


P-1256-029 - 15 -<br />

the Program’s study to assist in their hydrocycling effects analysis. For these reasons, we<br />

see no need to require the <strong>District</strong> to conduct additional field work in order to establish<br />

flow versus pallid sturgeon habitat relationships for the lower Platte River either<br />

upstream or downstream of the Elkhorn River confluence.<br />

However, pallid sturgeon habitat occurs on the lower Platte River upstream of the<br />

Elkhorn River confluence to as far as Columbus, NE, and that historically, pallid sturgeon<br />

likely used this habitat (NGPC 2008a). Therefore, the <strong>District</strong> shall expand the<br />

geographic scope of the hydrocycling study for pallid sturgeon, including the associated<br />

study methodology, upstream to also include the reach bounded by the Elkhorn River and<br />

tailrace canal confluences.<br />

Any effects of hydrocycling on pallid sturgeon habitat would likely be most<br />

pronounced immediately downstream of the tailrace canal confluence. As part of the<br />

hydrocycling study, the <strong>District</strong> proposes to develop synthetic hydrographs under existing<br />

and alternative operating conditions for the Platte River downstream of the tailrace canal.<br />

The <strong>District</strong> is vague as to the specific locations of the downstream sites. To ensure that<br />

hydrocycling effects on Platte River aquatic resources, including pallid sturgeon habitat,<br />

are adequately addressed, the <strong>District</strong> shall include a point on the lower Platte River<br />

within 5 miles downstream of the tailrace canal confluence in their preparation of<br />

synthetic hydrographs.<br />

The <strong>District</strong> also proposes to plot synthetic hydrographs for each study site for<br />

periods of weeks, months, and specific seasons of interest to the federally listed species.<br />

The <strong>District</strong> proposes to review the results of this analysis “in the context of the life<br />

requisites of the pallid sturgeon and its use of the lower Platte River below the confluence<br />

of the Elkhorn River.”<br />

We have concerns with the scope of the analysis and with the <strong>District</strong>’s vagueness<br />

in describing exactly what will be measured or compared in terms of project operational<br />

effects on pallid sturgeon habitat or “life requisites. ” Therefore, as noted above, we’re<br />

expanding the scope to include as part of the analysis, the lower Platte River reach<br />

between the tailrace canal and Elkhorn River confluences. In addition, to ensure that we<br />

have the information that we need to assess project hydrocycling effects on pallid<br />

sturgeon habitat, the <strong>District</strong> shall, at a minimum, for one representative low, normal, and<br />

high flow year, tabulate and plot: (1) the minimum daily percent suitable pallid sturgeon<br />

habitat under existing operations; (2) the maximum daily percent suitable sturgeon<br />

habitat under existing operations; and (3) mean daily percent suitable sturgeon habitat<br />

that would be observed if the project would continuously pass inflows through the<br />

project’s canal system with no storage in either of the project reservoirs (run-of-river<br />

operations). In quantifying the percent suitable sturgeon habitat, the <strong>District</strong> shall use<br />

the discharge versus percent suitable pallid sturgeon habitat relationship established and<br />

presented in Chapter 10 of Peters and Parham (2008). This analysis should be done at the


P-1256-029 - 16 -<br />

required site within 5 miles downstream of the tailrace confluence as well as the<br />

downstream Platte River USGS gage sites identified in section 3.2 of Study 2.0 –<br />

Hydrocycling.<br />

With regard to the interior least tern and piping plover, the FWS recommends<br />

supplementing the proposed literature review in objective 4 with additional data to assess<br />

the longitudinal effects of hydrocycling on interior least tern and piping plover nesting<br />

habitat suitability and sandbar erosion. The FWS recommends that the <strong>District</strong> quantify<br />

habitat changes important to nesting interior least terns and piping plovers—area of bare<br />

sand per unit area; size distribution of sandbars; and position of sandbars 6 (i.e., point bars<br />

or mid-channel bars)—within the following river reaches with documented interior least<br />

tern and piping plover nesting history: (a) the Platte River below the <strong>Loup</strong> River<br />

confluence and above the project tailrace; (b) immediately downstream of the project<br />

tailrace; (c) near the USGS North Bend, (d) near the USGS Leshara stream gage; and (e)<br />

near the USGS Louisville stream gage. The FWS recommends that the <strong>District</strong> collect<br />

the above information by obtaining stream cross-section data and analyzing the data with<br />

methods similar to those described in HDR (2008). The <strong>District</strong> asserts that the methods<br />

would show erosion rates downstream, but they would not assess effects of project<br />

hydrocycling or alternative conditions on tern and piping plover sandbar habitat<br />

characteristics because the methods could not distinguish between project effects and<br />

natural erosive properties of this highly dynamic system.<br />

We disagree with the <strong>District</strong>. In order to assess the effects of hydrocycling on<br />

interior least tern and piping plover nesting habitats, we need a means to compare<br />

differences in alternative operations. The <strong>District</strong>’s proposed literature review would not<br />

provide an adequate means to achieve this objective. Modeling is the only means of<br />

effectively measuring the effects of existing operations and any operational changes on<br />

interior least tern and piping plover habitat, short of measuring differences in sandbar<br />

habitat characteristics under different actual operational scenarios.<br />

Therefore, the <strong>District</strong> shall conduct a modeling study of the effects of<br />

hydrocycling on interior least tern and piping plover nesting habitat using the HEC-RAS<br />

1D steady state back-water model and associated methodology for model calibration<br />

specified in HDR (2008). The <strong>District</strong> shall select a representative study site, in<br />

consultation with the FWS and Nebraska Game and Parks Commission (Nebraska GPC),<br />

in the following reaches: (a) in the Plate River below the <strong>Loup</strong> River confluence and<br />

above the project tailrace, (b) within five miles downstream of the project tailrace, and (c)<br />

6 The FWS also identified depth and velocity as important parameters of interior<br />

least tern and piping plover nesting suitability. While depth and velocity influence sand<br />

bar erosion, these parameters do not represent habitat characteristics used by or selected<br />

by these species. We assume that the FWS was also considering habitat characteristics<br />

important to pallid sturgeon.


P-1256-029 - 17 -<br />

near the USGS North Bend gage station. The selected study site would preferably<br />

include areas where interior least terns and piping plovers have historically nested. Data<br />

collected shall include flow quantity, depth, velocity, sandbar elevation, and bed form<br />

(HDR 2008). Cross-sectional measurements to calibrate the model should be done<br />

immediately prior to the nesting season (first week in May) and again at the end of the<br />

nesting period (first week in August). The length of each cross-sectional measurement<br />

should be of sufficient length to capture the full range of flow (based on historical records<br />

for the area) expected at the each study site. The <strong>District</strong> shall photo document the crosssections.<br />

After calibration, the model shall be run to model existing operations and runof-river<br />

operations and any other operational alternative identified by the <strong>District</strong>. Each<br />

model run should be conducted for a normal, dry and wet year.<br />

We are not requiring the additional sites recommended by the FWS at this time<br />

because any project effects would be most pronounced near the project tailrace. In<br />

addition, HDR (2008) is conducting similar efforts near Louisville which would help<br />

capture any attenuating flow effects. If modeling indicates that project hydrocycling is<br />

causing extreme effects further downstream than the North Bend gage site, then<br />

additional sampling may be required in year 2.<br />

We estimate that the additional effort would add $150,000 to the study’s cost, but<br />

is necessary because the <strong>District</strong>’s proposed methods would not provide sufficient<br />

information for the Commission’s environmental analysis or section 7 Endangered<br />

Species Act consultation with the FWS.<br />

Study No. 4 – Water Temperature Study for the <strong>Loup</strong> River Bypassed Reach<br />

Methodology<br />

The <strong>District</strong> proposes to coordinate with the USGS and install and operate water<br />

temperature sensors and recording devices from May 1 through September 30, 2010, on<br />

the <strong>Loup</strong> River bypassed reach at Genoa and the <strong>Loup</strong> River immediately upstream of the<br />

project diversion. The water temperature data will be analyzed to assess whether and to<br />

what extent diversion of water away from the bypassed reach causes any exceedance of<br />

Nebraska’s 90-degree Fahrenheit water temperature standards.<br />

In order to address some early stakeholder concerns about the effects of Beaver<br />

Creek tributary inflow to the bypassed reach downstream of the water temperature<br />

sensor, the <strong>District</strong> proposes to record water temperatures for about 7 to 10 days in the<br />

bypassed reach downstream at Columbus, NE, to confirm the underlying study<br />

assumption that the bypassed reach at Genoa would likely have the highest water<br />

temperatures in the bypassed reach due to limited flows.


P-1256-029 - 18 -<br />

Study Issues<br />

In its comments on the proposed study plan, the FWS noted that the lower Platte<br />

River downstream of the <strong>Loup</strong> River confluence to the tailrace canal is also part of the<br />

project’s total bypassed reach, and therefore, flow diversions could potentially cause<br />

violations of the water temperature standard in the lower Platte River reach as well. The<br />

FWS, therefore, recommended that additional water temperature sensors be installed in<br />

the <strong>Loup</strong> River downstream of the Beaver Creek confluence and the Platte River between<br />

the <strong>Loup</strong> River confluence and the tailrace canal.<br />

In the revised study plan, the <strong>District</strong> responded that they modified the study plan<br />

to include water temperature monitoring for a 7- to 10-day period in the <strong>Loup</strong> River<br />

downstream of the Beaver Creek confluence to test the underlying assumption of the<br />

study that the bypassed reach upstream of Beaver Creek is likely to have the highest<br />

water temperatures due to having the lowest flows (i.e., no increases in water temperature<br />

would likely be observed downstream of the Beaver Creek confluence). The <strong>District</strong> also<br />

noted that it was not adopting the recommendation to record water temperature in the<br />

lower Platte River because:<br />

“…if water temperature in the <strong>Loup</strong> River bypass reach is consistently below the state<br />

standard, then temperatures above the state standard occurring in the Platte River would<br />

likely be due to non-Project related effects from other inputs such as the Platte River<br />

upstream of the confluence with the <strong>Loup</strong> River or the Columbus wastewater treatment<br />

plant outfall.”<br />

In its comments on the revised study plan, FWS notes that “the <strong>Loup</strong> River at<br />

Columbus study site adequately serves to monitor water temperatures below the Beaver<br />

Creek confluence.” Therefore, we see this particular issue has having been resolved.<br />

However, the FWS also notes that they do not agree with the <strong>District</strong>’s reasoning for not<br />

monitoring water temperature in the lower Platte River portion of the bypassed reach,<br />

because the lower Platte River bypassed reach is a separate, distinct portion of bypassed<br />

reach given that it is influenced by flows from the Platte River upstream of the <strong>Loup</strong><br />

River confluence.<br />

Conclusions<br />

Although we agree that other inputs could be the cause of any water temperature<br />

standard exceedances in the lower Platte River bypassed reach, we can not rule out the<br />

project’s cumulative contribution to any exceedances. Therefore, we can not agree with<br />

the <strong>District</strong>’s unsupported assumption that the project bypassed reach near the diversion<br />

dam is likely to have a higher water temperature than the lower Platte River bypassed<br />

reach, similar to the assumption described above regarding the <strong>Loup</strong> River bypassed<br />

reach downstream of the Beaver Creek confluence.


P-1256-029 - 19 -<br />

For this reason, the <strong>District</strong> shall also monitor water temperatures in the lower<br />

Platte River bypassed reach at Columbus over the same 7- to 10-day period proposed for<br />

the <strong>Loup</strong> River bypassed reach at Columbus. Similar to the <strong>District</strong>’s proposal for the<br />

<strong>Loup</strong> River bypassed reach at Columbus (revised study plan at 4-8), if the monitoring<br />

shows that the lower Platte River water temperature at Columbus is substantially higher<br />

than in the <strong>Loup</strong> River bypassed reach at Genoa, then the <strong>District</strong> shall conduct additional<br />

water temperature monitoring in the lower Platte River bypassed reach for use in<br />

developing relationships between flow diversions, Platte River bypassed reach water<br />

temperatures, and ambient weather conditions at Columbus.<br />

The results of water temperature monitoring in the <strong>Loup</strong> River bypassed reach and<br />

Platte River bypassed reach at Columbus along with all analyses shall be presented in the<br />

Initial Study Report.<br />

Study No. 5 – Flow Depletion and Flow Diversion<br />

The <strong>District</strong> proposes to conduct a flow depletion and flow diversion study that<br />

has the following objectives: (1) determine the net consumptive losses associated with<br />

project operations compared to alternative conditions; (2) using current and historic<br />

USGS gage rating curves, evaluate stage changes in the <strong>Loup</strong> River bypassed reach<br />

during project operations and compare against alternative hydrographs; (3) evaluate<br />

historic flow trends on the <strong>Loup</strong> and Platte Rivers since project inception; (4) determine<br />

the extent of interior least tern and piping plover nesting on the <strong>Loup</strong> River above and<br />

below the diversion weir; (5) determine project effects, if any, of consumptive use on<br />

fisheries and habitat on the lower Platte River downstream of the tailrace canal; and (6)<br />

determine the relative significance of the <strong>Loup</strong> River bypassed reach to the overall<br />

fishery habitat for the <strong>Loup</strong> River. The FWS commented on tasks associated with<br />

Objectives 1 and 4.<br />

Objective 1 – Determining net consumptive losses associated with project<br />

operations<br />

Methodology<br />

Under this objective, the <strong>District</strong> would calculate monthly and seasonal net<br />

consumptive use for the years 1980 through 2009 for the <strong>Loup</strong> power canal and the <strong>Loup</strong><br />

River bypassed reach for current project operations and for alternative conditions.<br />

Consumptive use in the power canal and associated regulating reservoirs would be<br />

calculated on a monthly and seasonal basis by adding evapotranspiration (ET) losses<br />

from agricultural crop irrigation and evaporation losses from surface waters. Evaporative<br />

losses would be based on total surface area exposed to the atmosphere and the<br />

relationship of the lakes to pan evaporation data collected from the National Weather


P-1256-029 - 20 -<br />

Service. Likewise, consumptive uses in the <strong>Loup</strong> River bypassed reach would be<br />

calculated by adding ET losses and evaporation. ET losses would be based on the length<br />

of riparian vegetation bordering the <strong>Loup</strong> River bypass. Evaporation would be estimated<br />

by using the surface area and evaporation data from the National Weather Service. The<br />

surface area of the bypassed reach would be calculated from the channel cross section top<br />

width and distance between USGS gages. Net consumptive use would be estimated by<br />

taking the differences between the consumptive use losses in the power canal and<br />

regulating reservoirs and the consumptive use losses in the <strong>Loup</strong> River bypassed reach.<br />

Study Issues<br />

The FWS states that if the Commission considers irrigation diversions from the<br />

power canal and diversions into the Lost Creek siphon as discretionary project actions<br />

subject to review in the relicensing process, then net consumptive losses of these<br />

diversions should be evaluated. The <strong>District</strong> asserts that irrigation diversions are water<br />

rights issued by the Nebraska DNR outside of the project; therefore, they must be<br />

maintained. The <strong>District</strong> also argues that consumptive use from irrigation diversions<br />

would be present and identical regardless of modifications to project operations.<br />

Therefore, consumptive use from irrigation diversions should not be required as part of<br />

the review process. Likewise, diversions into the Lost Creek siphon are required to keep<br />

the siphon open for local drainage and would be required under any project operating<br />

scenario, and thus would not be discretionary and subject to license review.<br />

Conclusions<br />

We have determined that project retirement is not a reasonable alternative that<br />

would be considered in our environmental analysis (see Scoping Document 2 issued<br />

March 27, 2009), thus irrigation diversions from the project canal would continue as they<br />

have historically. Nonetheless, understanding the various inputs and depletions to the<br />

project system would improve our analysis of how changes in project operations may<br />

influence irrigation withdrawals and maintenance of the Lost Creek siphon. Therefore,<br />

the <strong>District</strong> shall provide an accounting of the 78 irrigation water withdrawal points along<br />

the length of the power canal, their associated water rights, and mean annual withdrawal<br />

(acre-feet) and monthly average withdrawal rate (cfs) based on the <strong>District</strong>’s files of<br />

irrigator meter records and shall include these consumptive uses in calculating the net<br />

consumptive use at the project. As to flows discharged to maintain the Lost Creek<br />

siphon, the <strong>District</strong> shall provide an estimate of the timing and consumptive losses, if<br />

any, associated with these events.


P-1256-029 - 21 -<br />

Objective 4 – Determining the extent of interior least tern and piping plover<br />

nesting on the <strong>Loup</strong> River above and below the diversion weir.<br />

Methodology<br />

Under this objective, the <strong>District</strong> would compare historical nesting occurrences<br />

from above the diversion to nesting occurrences from below the diversion weir to the<br />

<strong>Loup</strong> River confluence. If no significant difference in nesting occurrences exists, the<br />

<strong>District</strong> would conclude that project operations are not affecting stage in the <strong>Loup</strong> River<br />

bypassed reach. The conclusion would assume natural nesting conditions above and<br />

below the diversion weir are similar. If significant differences in occurrence are found,<br />

then the <strong>District</strong> would examine aerial images of the riparian corridor five to ten miles<br />

upstream and downstream of the diversion weir to identify and compare interior least tern<br />

and piping plover nesting parameters (number, position, and average size of bare sand<br />

areas within the banks of the river; channel width; percent un-vegetated sandbars; percent<br />

vegetated sandbars (isolated and non-isolated); and presence and/or type of vegetation).<br />

The <strong>District</strong> would use the same methods used by Kirsch (1996) to characterize and<br />

quantify interior least tern nesting habitat on the lower Platte River. The observed<br />

conditions for each year for these nesting parameters would be compared to determine<br />

what extent flow diversion and the presence of the weir may result in different river and<br />

riparian vegetation conditions. Observed conditions would also be compared to nesting<br />

requirements to determine if any changes in the riparian corridor may have had an effect<br />

on the occurrence of the species. These habitat parameters would then be compared to<br />

the habitat associated with the alternative conditions to determine if any of the alternative<br />

conditions would result in improvements to the habitat parameters.<br />

Study Issues<br />

The FWS recommends that the <strong>District</strong> supplement its study by comparing interior<br />

least tern and piping plover suitability nesting criteria and whooping crane roosting<br />

criteria (area of bare sand per unit area, size distribution of sandbars, position of sandbars<br />

[i.e., point bars or mid-channel bars], depth and velocity; wetted width; and unobstructed<br />

width) across different stream flows. To accomplish this, the FWS recommends that the<br />

<strong>District</strong> take cross-sectional measurements at study sites in the following reaches: a) the<br />

<strong>Loup</strong> River upstream of the diversion weir; b) the <strong>Loup</strong> River downstream of the<br />

diversion weir; and the c) the Platte River below the <strong>Loup</strong> River confluence and above<br />

the project tailrace. The FWS supports the use of aerial photo interpretation to document<br />

land cover changes over time to show long-term, large-scale changes in active channel<br />

area, but asserts that the proposed methods would not allow the development of a direct<br />

relationship between flow and nesting and roosting suitability criteria. The FWS<br />

recommends that cross-sectional data be gathered when flows exceed the minimum<br />

bypass flow of 50 to 75 cfs to test the effects of different project bypass alternatives on<br />

species’ suitability criteria.


P-1256-029 - 22 -<br />

The <strong>District</strong> opposes including an assessment of flow-related roosting habitat<br />

suitability for the whooping crane in the study because the whooping crane is not likely<br />

to occur in the project area due to its migration corridor being well removed from the<br />

project. The <strong>District</strong> also asserts that its indirect assessment of project effects on interior<br />

least tern and piping plover habitat is sufficient for the Commission’s environmental<br />

analysis and section ESA consultation.<br />

Conclusions<br />

Although the primary whooping crane migration corridor is located about 35 miles<br />

west of the diversion works, the project is located within a much larger historical<br />

migration corridor and historical sightings have been made much closer to the project (3<br />

miles west). Therefore, it is not unreasonable to consider whooping crane roosting<br />

habitat needs in the Commission’s assessment of environmental effects. Therefore, the<br />

<strong>District</strong>’s study plan is modified to include the whooping crane’s roosting habitat criteria.<br />

The principal difference between the habitat requirements that the FWS is requesting is<br />

wetted width and unobstructed width. This should not add considerably to the <strong>District</strong>’s<br />

study effort.<br />

As discussed earlier for Hydrocycling (Study 2.0), we are not persuaded by the<br />

<strong>District</strong>’s assertion that an indirect measurement of habitat will provide an adequate<br />

means to assess project effects on interior least tern, piping plover, and whooping crane<br />

habitat and alternatives to project operations. Therefore, the <strong>District</strong> shall supplement its<br />

analysis by conducting a modeling study of the effects of diverted flows on interior least<br />

tern and piping plover nesting habitat and whooping crane roosting habitat using the<br />

HEC-RAS 1D steady state backwater model and associated methodology for model<br />

calibration specified in HDR (2008). The <strong>District</strong> shall select a representative study site,<br />

in consultation with the FWS and Nebraska GPC, in the reaches identified above by the<br />

FWS. Data collected shall include flow quantity, depth, velocity, sandbar elevation, and<br />

bed form (HDR 2008). Cross-sectional measurements to calibrate the model shall be<br />

done during low flow conditions (50 to 75 cfs) and at a higher flow, selected in<br />

consultation with the FWS and Nebraska GPC. The length of each cross-sectional<br />

measurement should be of sufficient length to capture the full range of flow (based on<br />

historical records for the area) expected at the each study site. The <strong>District</strong> shall photo<br />

document the cross-sections. After calibration, the model shall be run to model existing<br />

operations and without the project diverting any flow and any other flow diversion<br />

alternative identified by the <strong>District</strong>. Each model run should be conducted for a normal,<br />

dry and wet year.<br />

We estimate that the additional effort would increase the cost of the study by<br />

$60,000, but the costs are necessary to ensure we have sufficient information for our<br />

environmental analysis and consult with the FWS under the ESA. Some economies of


P-1256-029 - 23 -<br />

scale would be attained because cross-sections for the <strong>Loup</strong> River bypass above the<br />

tailrace are also being done for the hydrocycling study.<br />

Objective 6 – Determining the relative significance of the <strong>Loup</strong> River bypassed<br />

reach to the overall <strong>Loup</strong> River fishery<br />

Methodology<br />

Under Objective 6 of this study, the <strong>District</strong> would review NGPC fish sampling<br />

results for areas upstream and downstream of the project’s diversion dam and evaluate<br />

whether significant differences exist between upstream and downstream with regard to<br />

species diversity and species richness. Using the flow duration and flood frequency<br />

curves developed under Objective 2, Task 3 of this study, the <strong>District</strong> would calculate the<br />

ability of fish to migrate upstream of the project’s diversion during high flows when the<br />

diversion is submerged and the sluice gates are in the open position.<br />

Study Issues<br />

In its comments on the proposed study plan, FWS recommended generally and<br />

without much elaboration that the <strong>District</strong> should provide a direct comparison between<br />

stream flow in the bypassed reach and fish habitat suitability criteria for the current<br />

condition and action alternatives. 7 The <strong>District</strong> responds that a flow versus habitat study<br />

for the bypassed reach would have limited value because stream morphology on a<br />

braided river is dynamic, and therefore, a flow versus habitat relationship would only be<br />

valid for a short time, and possibly only for a few days or a week at most.<br />

We agree with the <strong>District</strong> that due to the variability of the stream morphology<br />

inherent to the sandy, braided nature of the <strong>Loup</strong> and lower Platte Rivers, a flow versus<br />

habitat study with direct measurements of depths and velocities like the Physical Habitat<br />

Simulation System (PHABSIM) commonly used for the Instream Flow Incremental<br />

Methodology (IFIM) would be of little value. However, we agree with FWS that we<br />

need information to allow us to address project flow diversion effects on fish and their<br />

habitats in the <strong>Loup</strong> and lower Platte River bypassed reaches.<br />

The Montana Method (Tennant 1976) has been used in Nebraska, including<br />

various reaches on the Platte and <strong>Loup</strong> Rivers, in order to establish minimum instream<br />

7 FWS also recommended that the <strong>District</strong> make a number of hydraulic<br />

measurements across a series of cross-sections in the lower Platte River downstream of<br />

the project’s bypassed reach. Considering that the study proposal applies to the bypassed<br />

reach, it’s not clear what relevance the lower Platte River downstream of the project has<br />

to the project’s bypassed reach. We, therefore, suspect that inclusion of this<br />

recommendation in the bypassed reach study was an oversight on the part of FWS.


P-1256-029 - 24 -<br />

flows. Under the method, various percentages of mean annual flow are classified as to<br />

their value to fish, wildlife, recreation, or related environmental resources. NGPC<br />

(2008b) used the following resource benefit characterizations for minimum flow releases<br />

at various percentages of mean annual flow:<br />

Flow Description April to September October to March<br />

Flushing/maximum flow 200 percent from 48 to 72<br />

hours<br />

Optimum flow range 60-100 percent 60-100 percent<br />

Outstanding habitat 60 percent 40 percent<br />

Excellent habitat 50 percent 30 percent<br />

Good habitat 40 percent 20 percent<br />

Fair or degraded habitat 30 percent 10 percent<br />

Poor or minimum habitat 10 percent 10 percent<br />

Severe degradation


P-1256-029 - 25 -<br />

Study Issues<br />

The <strong>District</strong> proposes to exclude the <strong>Loup</strong> Lands Wildlife Management Area<br />

(<strong>Loup</strong> Lands WMA) from the Recreation Use Study because the area is leased to the<br />

NGPC and the <strong>District</strong> states that the agency is responsible for the management of <strong>Loup</strong><br />

Lands. The <strong>District</strong> also proposes to exclude the 35-mile-long bypassed reach (<strong>Loup</strong><br />

<strong>Power</strong> Canal) of the <strong>Loup</strong> River from the Recreation Use Study due to limited public<br />

access to the river across adjacent private lands and its ability to implement the study due<br />

to the limited access. At the May 11, 2009, recreation resources study plan meeting, the<br />

National Park Service (NPS) stated that it supports the inclusion of the <strong>Loup</strong> River<br />

bypassed reach in the Recreation Use Study in order to gain a better understanding of<br />

regional recreation use and of potential project impacts on recreation within the bypassed<br />

reach.<br />

Conclusions<br />

Combining the recreation use and creel survey<br />

We agree that merging the two surveys would yield some economies of scale and<br />

still allow the <strong>District</strong> to collect the data needed for our analysis.<br />

Recreation use survey effort, study area, and sampling design<br />

We tentatively agree that the <strong>District</strong> can reduce the length of the study period to<br />

May 1 through October 31 because this coincides with the time period when the majority<br />

of recreation use is expected at project facilities. However, modifications to the survey<br />

effort will depend on the amount of recreation use that is identified as occurring outside<br />

of the suggested survey period through the telephone survey and recreation use survey.<br />

Thus, in order for the Commission to be able to determine if the survey period should be<br />

extended, the <strong>District</strong> shall provide an Interim General Recreation Use Report on or<br />

before September 15, 2010, and an Interim Telephone Survey Report on or before<br />

October 15, 2010.<br />

The <strong>Loup</strong> Lands WMA are located within the project boundary and the current<br />

lease agreement includes a provision to provide public access to the land as well as to the<br />

<strong>Loup</strong> River from Tract G (330 acres south of the <strong>Loup</strong> River bypassed reach) and Tract H<br />

(145 acres north of the <strong>Loup</strong> River bypassed reach). For the third parcel on the <strong>Loup</strong><br />

Land WMA (Tract D, 10 acres), public access to the river is not specified in the lease.<br />

Wildlife viewing and hunting occur on the <strong>Loup</strong> Lands WMA. Although NGPC is<br />

tasked with developing a general management plan for all three tracts as part of the lease<br />

agreement, we could not find such a plan. Because no recreation user data is available<br />

for the <strong>Loup</strong> Lands WMA, these lands should be included in the Recreation Use Study so<br />

that user data would be available to inform future planning for and management of the


P-1256-029 - 26 -<br />

area. Therefore, the <strong>District</strong> shall include the <strong>Loup</strong> Lands WMA in the Recreation Use<br />

Study.<br />

With regard to studying the <strong>Loup</strong> River bypassed reach, the <strong>District</strong> stated at the<br />

January 13, 2009, scoping meeting that boating (by canoe and kayak) and fishing occur<br />

within the <strong>Loup</strong> River bypassed reach, but did not provide any recreational use data. The<br />

public has access to the <strong>Loup</strong> River bypassed reach at several locations (<strong>Loup</strong> Lands<br />

WMA, Prairie Wolf WMA, George Syas WMA, Looking Glass Creek WMA, Highway<br />

81 bridge, Highway 39 bridge, Monroe Road bridge, and Pawnee Park in Columbus,<br />

Nebraska), most of which have been used previously for creel studies by NGPC.<br />

We need to understand existing use of the <strong>Loup</strong> River bypass and how project<br />

diversions may be affecting recreational use for our environmental analysis. The record<br />

does not contain sufficient data to complete our analysis. Further, because there is no<br />

Commission-approved recreation plan for the project, the information collected for the<br />

Recreation Use Study would be useful in developing such a plan. Therefore, the <strong>District</strong><br />

shall include the <strong>Loup</strong> River bypass in the recreation use survey. A survey method shall<br />

be developed after consultation with the Nebraska GPC and NPS for the bypassed reach<br />

of the <strong>Loup</strong> River which includes those access points which receive the highest<br />

recreational use. A sampling schedule which includes the opportunity to sample selected<br />

access points at various times during the day (between dawn and dusk) as well as on<br />

weekdays and weekends is needed and shall be included.<br />

In regard to sampling recreation during the holidays, we find the <strong>District</strong>’s effort<br />

to be inadequate because the summer holidays are known to be the highest recreational<br />

use days. Therefore, the <strong>District</strong> shall include three summer holiday weekends<br />

(Memorial Day, Independence Day, and Labor Day) in the sampling effort. The weekend<br />

days associated with these holidays would count toward the four weekend days proposed.<br />

The sampling schedule referenced in the study plan was developed for a creel<br />

survey only; thus 2-hour sampling blocks were used to develop the schedule. Because<br />

the creel study and the recreation user studies have been combined, survey proctors will<br />

need to spend more time in the field. It may take eight hours or longer to traverse the<br />

length of the <strong>Loup</strong> Canal and document recreational use at the five project parks<br />

(Headworks, Lake Babcock (or <strong>Loup</strong> Park), Lake North, Columbus <strong>Power</strong>house, and<br />

Tailrace) as well as at <strong>Loup</strong> Lands WMA. Thus, multiple crews may be needed to<br />

conduct the surveys.<br />

The <strong>District</strong> states in the revised study plan that “during peak use periods, when it<br />

is not practical to interview all recreation users, one proctor will count all users while the<br />

other proctor interviews as many users as possible within a reasonable time period.” The<br />

<strong>District</strong> shall develop an interview selection protocol (such as every seventh person<br />

encountered) to enhance variability in the study population. Additionally, the <strong>District</strong>


P-1256-029 - 27 -<br />

shall define a reasonable interview time period for each developed area, relative to the<br />

amount of use each area receives, so that the proctors know how long to spend<br />

interviewing at each location. Finally, an estimation protocol shall be created for each<br />

developed area to ensure consistency among proctors when it is not possible to count all<br />

users in a given location.<br />

Some of the recreation forms in the revised study plan are in need of correction or<br />

clarification. Clarify the questions on the In-Person Recreation Use Survey by<br />

incorporating the following modifications:<br />

Alter question 1 to read: “How many people are in your party today?”<br />

Modify question 2 to ask how long it took the respondent to travel from their<br />

home to the interview location.<br />

Include a list of <strong>District</strong> facilities in question 5 so the survey proctor can check all<br />

that apply and indicate the number of visits per facility.<br />

Add hunting to the list of activities in questions 9 and 10.<br />

Change the “good” option to “above average” to enhance consistency with the<br />

other response options in question 11.<br />

Reword question 12 to read “Did you or a member of your party experience<br />

conflict with any other visitors today? If yes, please describe the nature of the<br />

conflict.”<br />

The Field Observation Form is confusing in its current format. Some of the<br />

choices given the survey proctors do not make sense. For example the activity “fishing”<br />

could occur in the following places: parking area; campground; picnic area; or<br />

playground. This form shall be redesigned so that it is easy for survey proctors to<br />

complete.<br />

Clarify the questions on the Telephone Recreation Use Survey by incorporating<br />

the following modifications:<br />

Use the term sites in questions 1 through 3 to reduce respondent confusion<br />

between parks and trails and other types of facilities in question 4.<br />

Give respondents the opportunity to explain any “poor” ratings given in question<br />

4A similar to question 11 on the In-Person Recreation Use Survey.<br />

Include hunting in the list of recreational opportunities for question 5A, 4B, 2C,<br />

and 5C.<br />

Expand Question 6A to ask about facilities that the public would be interested in<br />

using.<br />

For question 3B, add to the list the lack of barrier-free accessible facilities.


P-1256-029 - 28 -<br />

It appears that respondents who answer “no” to question 2C will not have their<br />

demographic information recorded; therefore, please collect the following: (1)<br />

gender, (2) age, and (3) zip code from all respondents.<br />

Study No. 12 – Ice Jam Flooding on the <strong>Loup</strong> River<br />

In March 1993, severe flooding in the lower Platte River basin inundated over<br />

74,000 acres of land causing damages exceeding $25 million. The probable cause of this<br />

flooding was a combination of ice jams and rapid snowmelt. Ice jams are caused by<br />

frazil ice formed in turbulent supercooled water, such as flows at the diversion weir and<br />

intake gates of the project. The U.S. Army Corps of Engineers (Corps) conducted two<br />

studies, resulting in two reports (July 1994 and January 1996), on ice jam flooding on the<br />

lower Platte River basin.<br />

Methodology<br />

The <strong>District</strong> proposes a 2-phase approach to determining if project operations have<br />

a material effect on the formation of ice jams or on the severity of flooding caused by ice<br />

jams in the <strong>Loup</strong> River bypassed reach. The first phase would consists of gathering and<br />

characterizing all available information, including Nebraska DNR Ice Reports,<br />

performing a qualitative analysis of ice and hydro-meteorological data for relationships<br />

between project operations and ice jam formation and flooding in the <strong>Loup</strong> River bypass,<br />

and determining if the available information would support a more detailed quantitative<br />

analysis of incremental project operation effects to the study reach. If the available data<br />

are insufficient, the study would identify additional information needs. In the phase 1<br />

analysis, daily discharge in the power canal and bypassed reach would be plotted from<br />

November to April of each year (1994-2009) along with air temperature, precipitation,<br />

and accumulated freezing degree day. Instances of observed flooding and historic ice<br />

jams would be flagged on the plots. If no definitive correlation between project<br />

operations and ice jam formation based on the accumulated ice observation records and<br />

ice event data are found, then the <strong>District</strong> would conclude that project operations do not<br />

contribute to ice jam formation and flooding (see Attachment C to Study 12—CRREL<br />

[Cold Regions Research and Engineering Laboratory] Ice Jam Flooding Study Proposal<br />

(July 2009)).<br />

If a definitive correlation exists and available data are sufficient, the <strong>District</strong><br />

would contract with the CRREL to perform the quantitative analysis. The quantitative<br />

analysis would include estimating the severity and frequency of historic ice events using<br />

hind-casting methods; developing a simple ice-hydraulic model of the bypassed reach<br />

using available HEC-RAS, HEC-2 geometry or similar method and running a<br />

representative range of flows in the model under open water conditions to calculate ice<br />

cover profiles for selected design winters for both freeze-up and break-up cases;<br />

comparing model-predicted ice covers with ice observation reports and satellite imagery;


P-1256-029 - 29 -<br />

and calculating ice cover profiles for the 1993-94 worst case winter based on the historic<br />

bypassed reach flows and diversions (current conditions) case and several selected (yet<br />

unidentified) diversion cases and comparing any differences.<br />

Study Issues<br />

The Nebraska DNR asserts that the <strong>District</strong>’s proposed methods are too narrowly<br />

described and are limited in such a way as to prevent a quantitative analysis, without<br />

which the question as to whether project operations are contributing to ice jam flooding<br />

cannot be answered. In response to the revised study plan, the Nebraska DNR re-filed an<br />

alternative study plan that includes detailed methods that would be implemented<br />

immediately to achieve the following objectives: (1) evaluate the effect of project<br />

operations on hydrology, sediment transport, and channel hydraulics in the lower Platte<br />

River basin; (2) evaluate the combined effects of project operations on hydrology,<br />

sediment transport, and channel hydraulics on ice processes in the lower Platte River<br />

basin; (3) develop an ice jam and/or break-up predictive model; and (4) identify structural<br />

and nonstructural methods for the prevention and mitigation of ice jams, if the project<br />

materially contributes to ice jam formation on the <strong>Loup</strong> and Platte Rivers.<br />

Study area<br />

The Nebraska DNR relied on the Corps to define the scope of the methods and<br />

study area. The Nebraska DNR study area would extend from the <strong>Loup</strong> River at<br />

Fullerton, Nebraska (about 4 miles upstream of the project diversion weir on the <strong>Loup</strong><br />

River) to the confluence of the of the Platte and Missouri Rivers. The <strong>District</strong> limits its<br />

proposed study area to the bypass and power canal because (1) the area can be more<br />

readily analyzed because it experiences the maximum incremental effects of project<br />

operations; (2) this reach is subject to limited non-project influences on ice formation<br />

(i.e., tributaries, bridges, confluences, levees, etc.); (3) there is increasing uncertainty<br />

about the incremental effects of the project on icing events with increasing distance<br />

downstream. The <strong>District</strong> asserts that if no incremental effects are found near the project,<br />

it would not be justified to extend the study further downstream.<br />

Methods<br />

The Nebraska DNR included detailed study methods that included collection of<br />

generally the same existing data as the <strong>District</strong>, but expanded on the methods by<br />

including (1) a hydrology study that includes the development of an unsteady hydraulic<br />

routing model (e.g., HEC-RAS) and modeling flows “with” and “without” project canal<br />

flow diversions; (2) a sediment transport assessment using a sediment transport model in<br />

HEC-RAS that includes modeling existing operations and operations without the removal<br />

of sediment by the project; (3) an ice formation study that estimates the total volume of<br />

ice produced within the study reach “with” and “without” power canal diversion of flow


P-1256-029 - 30 -<br />

and channel regimes for use in computations of ice-affected hydraulics; (4) an ice<br />

transport during freeze-up and break-up study that includes the use of a two-dimensional<br />

model, such as DynaRICE ice-hydraulic numerical model, to model ice transport through<br />

selected channels and hydraulic structures as well as ice initiation to demonstrate<br />

differences in the formation of ice “with” and “without” power canal diversions; (5) an<br />

ice-affected hydraulics analysis using HEC-RAS modeling to predict where ice jams<br />

form under 2-, 5- and 10-year flows “with” and “without” power canal diversions; (6) the<br />

development of ice jam/break-up predictive model, and (7) identification of structural and<br />

non-structural means that may prevent and mitigate the impacts of ice jams if the project<br />

is shown to increase flood risk in any part of the study reach.<br />

The <strong>District</strong> does not propose to include the hydrologic and sediment transport<br />

analysis proposed by the Nebraska DNR because it exceeds the information needs of the<br />

Commission’s environmental analysis for assessing project effects. Much of the data<br />

proposed to be collected by Nebraska DNR is being collected in other studies (i.e.,<br />

Sedimentation Study, Hydrocycling Study, and Flow Depletion and Flow Diversion<br />

Study). The <strong>District</strong> also opposes the use of the more refined predictive modeling of ice<br />

events than is currently available and the development of a new predictive model for ice<br />

events in the Platte River basin because the development of such a model is not the<br />

responsibility of the <strong>District</strong>, but that of the Nebraska DNR. The <strong>District</strong> asserts that<br />

Nebraska DNR’s proposed ice formation, ice transport during freeze-up and break-up,<br />

and ice affected hydraulics is technically similar to its methods, but far broader in scope<br />

than is required for assessing project effects.<br />

Conclusions<br />

Study area<br />

Severe flooding due to the combination of ice jams and rapid snowmelt occurred<br />

within the Lower Platte River basin in Nebraska during March 1993. The two areas most<br />

affected were along the south side of the <strong>Loup</strong> River at Columbus and just downstream<br />

from the confluence of the Elkhorn and Platte Rivers near Ashland (White and Kay<br />

1996). This event prompted the US Army Corp of Engineers ice jam flooding analyses in<br />

2004 and 2006.<br />

Ice formation and flooding are affected by stream morphology and hydrology. As<br />

discussed in several studies above, we are approving studies with modifications that<br />

would examine the project effects on stream morphology and hydrology. We expect that<br />

those effects, if any, would be the greatest in the <strong>Loup</strong> River bypass and immediately<br />

below the tailrace. Therefore, we are modifying the <strong>District</strong>s icing study to include the<br />

<strong>Loup</strong> River from Fremont, Nebraska to the Platte River at the USGS North Bend gaging<br />

station. This area would cover one of the areas most affected by the March 1993 flood,<br />

without confounding the results with inputs of the Elk Horn River, which also


P-1256-029 - 31 -<br />

experienced severe flooding in the March 1993 flood. If the results of the study indicate<br />

that the project may be influencing flooding further downstream, additional analyses<br />

would be required in year 2 of the study period.<br />

Methodology<br />

The premise of the <strong>District</strong>’s phased approach is based on the need to evaluate<br />

whether there is sufficient information to proceed with a detailed quantitative analysis.<br />

The Nebraska DNR developed a program and began collecting additional icing<br />

information based on the Corps’ recommendation in 1994. The Corps was able to<br />

develop an ice jam predictive model on the existing information and recommend future<br />

studies to examine the effects of project operations, if any, on ice formation based on less<br />

data than are now available for the project area (White and Kay 1996). As keepers of the<br />

icing data, the Nebraska DNR and Corps have a good understanding of what information<br />

is available and what still needs to be collected to evaluate the effects of the project on<br />

ice jam formation and flooding.<br />

Given the Corp’s expertise and experience on this system and generally similar<br />

approaches to the quantitative analyses and similar costs, we find that the approach<br />

recommended by the Nebraska DNR, based on the Corps’ recommendation, will provide<br />

the means by which the Commission can evaluate project influences on ice formation and<br />

flooding and best achieve the objectives and goals of the icing study. In addition,<br />

combining all data sources from the <strong>District</strong> and Nebraska DNR’s revised study plans<br />

would ensure a complete record for the quantitative analysis. Therefore, we are requiring<br />

that the <strong>District</strong> implement the Nebraska DNR icing study filed as Attachment B to its<br />

August 7, 2009, comments on the revised study plan with the following modifications:<br />

(1) the geographic scope of the study will be limited as explained above; (2) the<br />

development of the predictive icing model shall be limited to the examination of project<br />

effects; (3) the identification of mitigation measures shall also be limited to operational or<br />

structural changes to minimize or mitigate project effects on ice jam formation and<br />

subsequent flooding; and (4) the data to be gathered shall consist of a combination of<br />

both studies to include: (a) all hydraulic data from USGS stream gage sites in Attachment<br />

B of the Nebraska DNR’s plan; (b) sediment data including bed load and suspended<br />

sediment load from the same gages or other sources; (c) hydrometerologic data such as<br />

air temperature and precipitation from the National Climatic Data Center and the<br />

National Weather Service station at Genoa; (d) all data from the Nebraska NDR Ice<br />

Report database; (e) all needed data from the CRREL Ice Jam Database; and (f) high<br />

water mark, such as tree scars, data from the Corps’ and other agencies’ records.<br />

As to the <strong>District</strong>’s concern that it is being held responsible to develop a regional<br />

model, we agree with the <strong>District</strong> that the development of a regional model to predict ice<br />

events is not the responsibility of the project. Therefore, we are not requiring the <strong>District</strong><br />

to develop a regional model.


P-1256-029 - 32 -<br />

Study Requests Not Approved<br />

Sediment Sampling for PCB’s in the <strong>Loup</strong> <strong>Power</strong> Canal and Lake Babcock<br />

In its comments on the revised study plan, the FWS recommended that the <strong>District</strong><br />

sample for polychlorinated biphenyls (PCB’s) from fish tissue and sediments from Lake<br />

Babcock and the <strong>Loup</strong> <strong>Power</strong> Canal between Monroe and Columbus powerhouses. The<br />

<strong>District</strong> proposes to conduct fish tissue sampling in 2009 cooperatively with the Nebraska<br />

Department of Environmental Quality. One of the sample sites includes Lake Babcock,<br />

which is located in the affected reach mentioned by FWS. This information, along with<br />

the fish tissue sampling results presented in the PAD for the project area, will be<br />

sufficient for our analysis. The <strong>District</strong> shall report the results of this analysis in their<br />

Initial Study Report.<br />

The relevant issue for any licensing decision is whether any PCB mobilization<br />

caused by project operations affects fishery resources. To answer that question, it is most<br />

appropriate to first sample fish tissue for PCB’s in the potentially affected reach (i.e.,<br />

Lake Babcock) to determine if PCB’s are presently affecting fish, regardless of the source<br />

(e.g, project-induced mobilization of canal sediments versus upstream <strong>Loup</strong> River flows<br />

carrying PCB’s from other sources). Should elevated fish PCB levels be found in the fish<br />

tissues, we may consider additional PCB monitoring in year 2.<br />

Literature Cited<br />

Ginting, D. and R.B. Zelt. 2008. Temporal differences in flow depth and velocity<br />

distributions and hydraulic microhabitats near bridges of the Lower Platte River,<br />

Nebraska, 1934-2006. USGS Scientific Investigations Report 2008-5054.<br />

HDR. 2008. Lower Platte River stage change study final protocol development report.<br />

Report to Platte River Recovery Implementation Program. Version 1.0. May<br />

2008. 9 pages, plus appendices.<br />

Nebraska Game and Parks Commission. 2008a. Assessment of pallid sturgeon, least<br />

tern, and piping plover in the Lower Platte River. NGPC Report. Lincoln,<br />

Nebraska.<br />

______. 2008b. Instream flow implementation in Nebraska. Federal Aid in Sport Fish<br />

and Wildlife Restoration, FW-19-T-21 Performance Report Study 1. December 1,<br />

2007 through November 30, 2008. Available at:<br />

http://www.nlc.state.ne.us/epubs/G1000/B046-2008.pdf


P-1256-029 - 33 -<br />

Nebraska Department of Natural Resources. 2009. 2009 Annual evaluation of<br />

availability of hydrologically connected water supplies, Nebraska Department of<br />

Natural Resources. Lincoln. NE.<br />

Peters, E.J. and J.E. Parham. 2008. Ecology and management of sturgeon in the Lower<br />

Platte River, Nebraska. Nebraska Technical Series No. 18. Nebraska Game and<br />

Parks Commission. Lincoln, Nebraska.<br />

U.S. Department of Interior. 2006. Platte River recovery implementation program final<br />

environmental impact statement (FEIS). V 1-3.<br />

Tennant, D.L. 1976. Instream flow regimens for fish, wildlife, recreation and related<br />

environmental resources. Fisheries 1(4): 6-10.<br />

White, K.D. and R.L. Kay. 1996. Ice jam flooding and mitigation; Lower Platte River<br />

Basin, Nebraska. Special Report 96-1. Prepared for the U.S. Army Corps of<br />

Engineer <strong>District</strong>, Omaha, Nebraska. January 1996.


OFFICE OF ENERGY PROJECTS<br />

Neal D. Suess, President/CEO<br />

<strong>Loup</strong> <strong>Power</strong> <strong>District</strong><br />

2404 15 th Street<br />

P.O. Box 988<br />

Columbus, NE 68602-0988<br />

FEDERAL ENERGY REGULATORY COMMISSION<br />

WASHINGTON D.C. 20426<br />

October 14, 2009<br />

Reference: Clarification of Study Plan Determination<br />

Dear Mr. Suess:<br />

Project No. 1256-029─Nebraska<br />

<strong>Loup</strong> River Hydroelectric Project<br />

<strong>Loup</strong> River Public <strong>Power</strong> <strong>District</strong><br />

Pursuant to 18 CFR §5.13(c) of the Commission’s regulations, this letter corrects<br />

an error in the study plan determination for the <strong>Loup</strong> River Public <strong>Power</strong> <strong>District</strong>’s <strong>Loup</strong><br />

River Hydroelectric Project issued on August 26, 2009. This error was also brought to<br />

our attention by the Nebraska Department of Natural Resources in their filing on<br />

September 1, 2009.<br />

Under the Conclusions of Study No. 12 – Ice Jam Flooding on the <strong>Loup</strong> River on<br />

page 28, second paragraph of the Study Plan Determination, we stated that “… we are<br />

modifying the <strong>District</strong>s icing study to include the <strong>Loup</strong> River from Fremont, Nebraska to<br />

the Platte River at the USGS North Bend gaging station.” The sentence should read:<br />

“Therefore, we are modifying the <strong>District</strong>s icing study to include the <strong>Loup</strong> River from<br />

Fullerton, Nebraska, to the Platte River at the USGS North Bend gaging station.”<br />

If you have any questions, please contact Kim Nguyen at (202) 502-6105 or email<br />

at kim.nguyen@ferc.gov.<br />

cc: Mailing List<br />

Public Files<br />

Sincerely,<br />

Ann F. Miles<br />

Director, Office of<br />

Hydropower Licensing


October 16, 2009<br />

Mr. Robert Puschendorf<br />

State Historic Preservation Office<br />

1500 R Street<br />

P.O. Box 82554<br />

Lincoln, NE 68501-2554<br />

Re: HP#0804-127-01<br />

<strong>Loup</strong> River Hydroelectric Project Relicensing<br />

Phase Ia Archaeological Overview<br />

FERC Project No. 1256; Docket No. 1256-029<br />

Dear Mr. Puschendorf:<br />

As we’ve discussed, <strong>Loup</strong> <strong>Power</strong> <strong>District</strong> (the <strong>District</strong>) is applying to the Federal Energy<br />

Regulatory Commission (FERC) to relicense the <strong>Loup</strong> River Hydroelectric Project. The existing<br />

license was effective on December 1, 1982, for a term ending April 15, 2014. <strong>Loup</strong> <strong>Power</strong> <strong>District</strong><br />

is utilizing the Integrated Licensing Process (ILP) for this relicensing effort.<br />

Relicensing the Project is a Federal undertaking by FERC, and Section 106 of the National<br />

Historic Preservation Act of 1966, as amended (NHPA), requires Federal agencies to determine<br />

whether their undertakings have adverse effects on historic properties (any site, structure, or other<br />

property listed on or eligible for listing on the National Register of Historic Places [NRHP]) and<br />

allow interested parties the opportunity to comment on decisions and actions that may affect<br />

historic properties.<br />

Pursuant to 18 CFR §5.11 and §5.13, the <strong>District</strong> prepared a study plan to gather the information<br />

needed to comply with Section 106 as part of Project Relicensing. In May of this year, the <strong>District</strong><br />

met with staff from your office to discuss the proposed study plan and on August 26, 2009, FERC<br />

approved the <strong>District</strong>’s study (Study 11.0), as submitted in the Revised Study Plan on<br />

July 27, 2009. The first component of the <strong>District</strong>’s study related to Section 106 Compliance is<br />

completion of a Phase Ia Archaeological Overview report. A copy of the Phase Ia Archaeological<br />

Overview accompanies this letter and is being submitted to your office to further a dialogue<br />

towards Section 106 compliance. Your comments on the adequacy and conclusions of the<br />

overview are requested.<br />

At this time we are seeking concurrence from your office regarding the areas within the Project<br />

Boundary that are recommended for archaeological inventory. As outlined in the Phase Ia<br />

Archaeological Overview, your office would be contacted for additional comment in the event that<br />

additional areas should be identified for archaeological inventory.


Please do not hesitate to contact Michael Madson (HDR) at (763) 278-5921 or me at (402) 564-<br />

3171 if you have any questions about the Phase Ia Archaeological Overview. We look forward to<br />

working with your office throughout the relicensing effort and beyond.<br />

Sincerely,<br />

Neal Suess<br />

President/CEO<br />

<strong>Loup</strong> <strong>Power</strong> <strong>District</strong><br />

cc: Kim Nguyen, Federal Energy Regulatory Commission<br />

Patricia Leppert, Federal Energy Regulatory Commission<br />

Ron Ziola, <strong>Loup</strong> <strong>Power</strong> <strong>District</strong><br />

Lisa Richardson, HDR<br />

George Waldow, HDR<br />

Michael Madson, HDR<br />

Attachments:<br />

(1) Phase Ia Archaeological Overview


October 21, 2009<br />

Ansley Griffin, Chairman<br />

Omaha Tribal Council<br />

Omaha Tribe of Nebraska<br />

P.O. Box 368<br />

Macy, NE 68039<br />

Reference: <strong>Loup</strong> River Hydroelectric Project<br />

Platte and Nance counties, Nebraska<br />

FERC Project No. 1256<br />

Docket No. P-1256-029<br />

Dear Mr. Griffin:<br />

<strong>Loup</strong> <strong>Power</strong> <strong>District</strong> is applying to the Federal Energy Regulatory Commission (FERC)<br />

to relicense the <strong>Loup</strong> River Hydroelectric Project. The existing license was effective on<br />

December 1, 1982, for a term ending April 15, 2014. <strong>Loup</strong> <strong>Power</strong> <strong>District</strong> is utilizing the<br />

Integrated Licensing Process (ILP) for this relicensing effort.<br />

Relicensing the Project is a Federal undertaking by FERC, and Section 106 of the<br />

National Historic Preservation Act of 1966, as amended (NHPA), requires Federal<br />

agencies to determine whether their undertakings have adverse effects on historic<br />

properties (any site, structure, or other property listed on or eligible for listing on the<br />

National Register of Historic Places [NRHP]) and allow interested parties the opportunity<br />

to comment on decisions and actions that may affect historic properties.<br />

Pursuant to 18 CFR §5.11 and §5.13, the <strong>District</strong> prepared a study plan to gather the<br />

information needed to comply with Section 106 as part of Project Relicensing. On<br />

August 26, 2009, FERC approved the <strong>District</strong>’s study (Study 11.0), as submitted in the<br />

Revised Study Plan on July 27, 2009. The first component of the <strong>District</strong>’s study related<br />

to Section 106 Compliance is completion of a Phase Ia Archaeological Overview report.<br />

The Phase Ia Archaeological Overview is available for your review to further a dialogue<br />

towards Section 106 compliance.


If you would like to receive a copy of the overview, please contact:<br />

Michael Madson<br />

HDR Engineering, Inc.<br />

701 Xenia Ave S., Suite 600<br />

Minneapolis, MN 55416<br />

763-278-5921<br />

Michael.madson@hdrinc.com<br />

Your comments on the adequacy and conclusions of the overview are welcome.<br />

Please do not hesitate to contact Michael Madson at HDR or me at (402) 564-3171 if you<br />

have any questions about the Phase Ia Archaeological Overview.<br />

Sincerely,<br />

Neal Suess<br />

President/CEO<br />

<strong>Loup</strong> <strong>Power</strong> <strong>District</strong><br />

cc: Kim Nguyen, Federal Energy Regulatory Commission<br />

Patricia Leppert, Federal Energy Regulatory Commission<br />

Ron Ziola, <strong>Loup</strong> <strong>Power</strong> <strong>District</strong><br />

Lisa Richardson, HDR<br />

George Waldow, HDR<br />

Michael Madson, HDR


November 2, 2009<br />

Public Comments Processing<br />

Attn: FWS-R6-ES-2009-0027<br />

Division of Policy and Directives Management<br />

U.S. Fish and Wildlife Service<br />

4401 N. Fairfax Drive, Suite 222<br />

Arlington, VA 22203<br />

Dear Sir or Madam:<br />

The <strong>Loup</strong> River Public <strong>Power</strong> <strong>District</strong> (the <strong>District</strong>) has reviewed the proposed rulemaking (50 CFR <strong>Part</strong> 17)<br />

to list the shovelnose sturgeon (Scaphirhynchus platorynchus) as a threatened species due to similarity of<br />

appearance (SOA) with the endangered pallid sturgeon (Scaphirhynchus albus). The <strong>District</strong> operates a<br />

hydroelectric project (project) on the <strong>Loup</strong> River, in Platte and Nance counties, Nebraska. This project diverts<br />

water from the <strong>Loup</strong> River for power generation and returns the water to the Platte River, just downstream of<br />

the confluence of the <strong>Loup</strong> and Platte rivers, near Columbus, Nebraska. The <strong>District</strong> is currently in the<br />

process of relicensing our hydroelectric project with the Federal Energy Regulatory Commission. This relicensing<br />

process is a federal action and requires Section 7 consultation.<br />

As stated in the proposed rule, “take would only be prohibited where shovelnose and pallid sturgeons’ range<br />

commonly overlap….Specifically this includes….the Platte River in Nebraska downstream of Elkhorn River<br />

confluence.” It is our understanding that this proposed rule would only extend protections to shovelnose<br />

sturgeon and shovelnose-pallid sturgeon hybrids regarding take of this species when associated with or related<br />

to commercial fishing operations. All other legal activities involving these species in accordance with<br />

applicable State, Federal, Tribal, and local laws and regulations would not be considered take under this<br />

proposed regulation. Additionally, it is our understanding that the proposed rule would not require Federal<br />

agencies to consult with the U.S. Fish and Wildlife Service (USFWS) on activities authorized, funded, or<br />

carried out that may affect shovelnose sturgeon and shovelnose-pallid hybrids. As understood, this proposed<br />

rule would have no effect on our Section 7 consultation for the relicensing of our hydroelectric project.<br />

We request further clarification on this proposed rule, as it relates to Federally regulated activities, and<br />

concurrence that our understanding of this proposed rule is accurate.<br />

Thank you for the opportunity to comment on this decision.<br />

Sincerely,<br />

Neal D. Suess<br />

President/CEO<br />

<strong>Loup</strong> Public <strong>Power</strong> <strong>District</strong><br />

cc: Matt Pillard, HDR<br />

Kim Nguyen, FERC<br />

June DeWeese, USFWS


November 24, 2009<br />

Joel Jorgensen<br />

Nongame Bird Program Manager<br />

Wildlife Division<br />

Nebraska Game and Parks Commission<br />

2200 N. 33 rd Street<br />

Lincoln, NE 68503-0931<br />

RE: Information request for 2009 piping plover and least tern census and location data<br />

Dear Mr. Jorgensen:<br />

As you are aware, <strong>Loup</strong> <strong>Power</strong> <strong>District</strong> (the <strong>District</strong>) is currently seeking a new operating license<br />

with the Federal Energy Regulatory Commission (FERC) for its hydroelectric facilities located on<br />

the <strong>Loup</strong> River near Genoa and Columbus, Nebraska. I would like to take this opportunity to thank<br />

you for your response to our prior requests for information received in 2008 and early 2009. We<br />

realize compiling that data took staff time and effort and it is greatly appreciated.<br />

FERC has approved several studies related to species and habitat that the <strong>District</strong> must complete in<br />

the next several months. At this time, I would like to request the 2009 interior least tern and piping<br />

plover population, nesting, and productivity counts and locations for the <strong>Loup</strong> River and lower Platte<br />

River. Additionally I would like to request any tern and plover habitat information collected during<br />

the 2009 season. This information is critical to completion of the studies requested by the U.S. Fish<br />

and Wildlife Service and the Nebraska Game and Parks Commission and approved by FERC.<br />

I appreciate your assistance in providing information to assist with the relicensing effort as quickly<br />

as possible; time is of the essence for these studies. The information requested will be used for<br />

analytical purposes and the only information that will be published is information related to general<br />

trends and observations. Location specific information will not be made available to the general<br />

public without the consent of the NGPC. All stipulations on the use of this data, as per the<br />

NGPC/HDR data use agreement (executed on June 24, 2009), will be followed.<br />

Please submit the information to HDR Engineering, the <strong>District</strong>’s consultant completing the studies:<br />

Matt Pillard<br />

HDR Engineering<br />

8404 Indian Hills Drive<br />

Omaha, NE 68114


Please feel free to contact Melissa Marinovich (402-399-1317) or Matt Pillard (402-399-1186) of<br />

HDR if you have any questions regarding this request. As the relicensing process continues, we<br />

anticipate that we may have additional information requests. Thank you for your assistance.<br />

Sincerely,<br />

Neal D. Suess<br />

President/CEO<br />

<strong>Loup</strong> Public <strong>Power</strong> <strong>District</strong><br />

cc: Matt Pillard, HDR<br />

Kim Nguyen, FERC<br />

Frank Albrecht, NGPC<br />

June DeWeese, USFWS


Selzle, Lydia<br />

From: Jeff_Runge@fws.gov<br />

Sent: Wednesday, November 25, 2009 1:39 PM<br />

To: Pillard, Matt<br />

Cc: Robert_Harms@fws.gov; Frank.Albrecht@nebraska.gov<br />

Subject: LPD Study Plan / information needs<br />

Attachments: LPD Study Determination Tasks.doc<br />

Matt,<br />

Earlier this fall, the Nebraska Game and Parks Commission, the Tern and Plover Conservation <strong>Part</strong>nership, and<br />

our office met to discuss data needs requested by FERC in their Final Study Determination. The attached<br />

document summarizes discussions from that day.<br />

Let me know if you have any questions and feel free to forward this on to the larger group.<br />

Jeff<br />

(See attached file: LPD Study Determination Tasks.doc)<br />

*******************************<br />

Jeff Runge<br />

Fish and Wildlife Biologist<br />

U.S. Fish and Wildlife Service<br />

203 W. Second Street<br />

Grand Island, NE 68801<br />

(308) 38266468, Ext. 22<br />

(308) 37968553 Cell<br />

(308) 38468835 Fax<br />

********************************<br />

1


<strong>Loup</strong> <strong>Power</strong> <strong>District</strong> Meeting – Final Study Determination Tasks<br />

September 24, 2009<br />

Library Conference Room, NGPC, Lincoln<br />

Mary Bomberger Brown - Tern and Plover Conservation <strong>Part</strong>nership<br />

Bob Harms - USFWS<br />

Rick Holland - NGPC<br />

Joel Jorgensen - NGPC<br />

Jeff Runge – USFWS<br />

Dave Tunink - NGPC<br />

Purpose<br />

On August 26, 2009, the Federal Energy Regulatory Commission issued their Final Study<br />

Determination (FSD) for <strong>Loup</strong> River Hydroelectric Project (Project Number 1256). The<br />

FSD identify modifications to the <strong>Loup</strong> River Public <strong>Power</strong> <strong>District</strong>’s (<strong>District</strong>) revised<br />

study plan under the following sections: Sedimentation, Hydrocycling, Water<br />

Temperature for the <strong>Loup</strong> River Bypassed Reach, Flow Depletion and Flow Diversion,<br />

Recreation Use, and Ice Jam Flooding on the <strong>Loup</strong> River. The FSD identified certain<br />

tasks that shall be performed by the <strong>District</strong> in consultation with the U.S. Fish and<br />

Wildlife Service and Nebraska Game and Parks Commission. The two tasks are<br />

identified in the below text. The purpose of the meeting was to formalize agency<br />

positions for these tasks. Meeting summaries for the two respective tasks are detailed in<br />

the below text.<br />

Task 1<br />

As directed by the FSD, the <strong>District</strong> shall conduct a modeling study of the effects of<br />

hydrocycling and flow bypass on interior least tern and piping plover nesting habitat<br />

using the HEC-RAS 1D steady state back-water model and associated methodology for<br />

model calibration specified in HDR (2008). The <strong>District</strong> shall select a representative<br />

study site, in consultation with the resource agencies, for the following river segments:<br />

(A) the <strong>Loup</strong> River upstream of the diversion weir; (B) the <strong>Loup</strong> River downstream of<br />

the diversion weir; (C) the Platte River below the <strong>Loup</strong> River confluence and above the<br />

project tailrace, (D) the Platte River within five miles downstream of the project tailrace,<br />

and (E) near the USGS North Bend gage station. The selected study sites would<br />

preferably include areas where interior least terns and piping plovers have historically<br />

nested. Data collected shall include flow quantity, depth, velocity, sandbar elevation, and<br />

bed form as described in the Lower Platte River Stage Change Study developed by HDR<br />

Inc.<br />

Task 2<br />

Cross-sectional measurements to calibrate the model in the <strong>Loup</strong> River shall be done<br />

during low flow conditions (50 to 75 cfs) and at a higher flow, selected in consultation<br />

with the resource agencies.


Task 1 Summary<br />

Study Site A represents a five-mile long segment of the <strong>Loup</strong> River whose midpoint is<br />

the confluence of the Cedar River. This segment was selected because of recent nesting<br />

activity has been documented in the segment [i.e., 2006]. More frequent nesting activity<br />

was documented in the segment upstream of the Fullerton Bridge. However, it was not<br />

known to what extent the Cedar River hydrology and sediment inputs influenced <strong>Loup</strong><br />

River channel morphology. The proposed study site addresses this ambiguity by<br />

including reaches upstream and downstream of the Cedar River.


Study Site B represents a five-mile segment on the <strong>Loup</strong> River whose downstream<br />

boundary is approximately one-mile above the US Highway 81 Bridge near Columbus.<br />

This river segment was selected because of the frequent and most current nesting records<br />

within the bypass reach of the <strong>Loup</strong> River.


Study Site C represents two-mile long segment of the Platte River between the <strong>Loup</strong><br />

River confluence and the <strong>District</strong> tailrace. Therefore, there was no need to select a study<br />

site within this segment.<br />

Study Site D represents a study segment located within 5-miles of the <strong>District</strong> tailrace.<br />

Because of the requirement to locate the study site near the tailrace, identification of a<br />

study site is not required.<br />

Study Site E represents a five-mile segment immediately downstream of the NE<br />

Highway 79 Bridge near North Bend. This river segment was selected because of the<br />

frequent and most current nesting records in the Platte River near North Bend.<br />

Task 2 Summary<br />

Average monthly flows from in the nesting time period for the bypass reach of the <strong>Loup</strong><br />

River (measured at Genoa) ranges from 249 in August to 729 cfs in June. Average flow<br />

diverted in the LPD canal ranges from 1,300 to 1,900 cfs for that same time period. The<br />

group determined that model calibration should be collected at a flow within the 750-800<br />

cfs range. This range was selected because it represents flow conditions that could be<br />

reasonably collected across a range of dry to wet years.


Selzle, Lydia<br />

From: Pillard, Matt<br />

Sent: Thursday, December 03, 2009 7:57 AM<br />

To: Anna Baum; Barb Friskopp; Bobbie Kriz&Wickham; Butch Koehlmoos; Curt Alms; Dan Nitzel;<br />

Dave Tunink; David Jundt; Frank Albrecht; Henry Santin; Jason Alexander; Jean Angell; Jeff<br />

Schuckman; Jerry Kenny; Joe Cothern; John Bender; John Shadle; Joseph Mangiamelli;<br />

Justin Lavene; Lacie Andreason; Mark Czaplewski; Mary Bomberger&Brown; Randy Thoreson;<br />

Richard Hadenfeldt; Robert Harms; Robert Mohler; Robert Puschendorf; Rodney Verhoeff;<br />

Stacy Stupka&Burda; Steve Chick<br />

Cc: Damgaard, Quinn V.; Dierking, Paul; Engel, John; Engelbert, Pat; Fitzsimmons, Ellen; Frame,<br />

Gail; Gorton, Dick; Grennan, Dennis E.; Gust, Kimberly; Hunt, George; Kulik, Ann; Madson,<br />

Michael J.; Marinovich, Melissa; McConville, Matt; Mertz, John; Pillard, Matt; Sigler, Bill;<br />

Stanfill, Alan; Talbitzer, Travis; Thompson, Wendy; Waldow, George; White, Stephanie; Angel<br />

Robak; Jim Frear; Neil Suess; Ron Ziola; Teresa Petr; Richardson, Lisa (Omaha)<br />

Subject: <strong>Loup</strong> <strong>Power</strong> <strong>District</strong> & FERC Relicensing: Study Progress Report Available<br />

For your information, <strong>Loup</strong> <strong>Power</strong> <strong>District</strong> has submitted the first quarterly study progress report to FERC and it has been<br />

posted to the project website:<br />

http://www.loup.com/relicense/html/documents.html<br />

Thank you.<br />

Matt Pillard, AICP<br />

Senior Environmental Planner<br />

HDR | ONE COMPANY | Many Solutions Sol<br />

8404 Indian Hills Drive | Omaha, NE | 68114&4098<br />

Phone: 402.399.1186 | Cell: 402.689.5187| Fax: 402.399.1111<br />

Email: Matt.Pillard@hdrinc.com<br />

1


Selzle, Lydia<br />

From: Jorgensen, Joel [Joel.Jorgensen@nebraska.gov]<br />

Sent: Monday, January 04, 2010 8:02 AM<br />

To: Marinovich, Melissa; Pillard, Matt<br />

Subject: RE: 2009 LPR nest data<br />

Melissa:<br />

These files only contain from on+river. I interpreted the request to be river only (P2, “1for the <strong>Loup</strong> and Lower Platte<br />

River.”), please let me know if this is incorrect. I have no data for the <strong>Loup</strong> River (on+river) for 2009. I will probably be<br />

sending another file or two today.<br />

+ Joel<br />

===============================<br />

Joel Jorgensen<br />

Nongame Bird Program Manager<br />

Wildlife Division<br />

Nebraska Game and Parks Commission<br />

Lincoln, NE 68503<br />

402 471 5440<br />

joel.jorgensen@nebraska.gov<br />

From: Marinovich, Melissa [mailto:Melissa.Marinovich@hdrinc.com]<br />

Sent: Wednesday, December 30, 2009 8:59 AM<br />

To: Jorgensen, Joel; Pillard, Matt<br />

Subject: RE: 2009 LPR nest data<br />

Thanks, Joel! Just a clarification, these are only “on-river” lower Platte locations, correct? This data does not include<br />

“off-river” nesting locations? Also, nesting/chick/adult count location information for on/off river sites on the <strong>Loup</strong><br />

River, will these be included in a later email? Thanks again for your help and see you next week!<br />

Melissa<br />

From: Jorgensen, Joel [mailto:Joel.Jorgensen@nebraska.gov]<br />

Sent: Wednesday, December 30, 2009 10:34 AM<br />

To: Pillard, Matt; Marinovich, Melissa<br />

Cc: Jorgensen, Joel<br />

Subject: 2009 LPR nest data<br />

Matt, Melissa:<br />

Attached is the 2009 lower Platte River nest data and metadata.<br />

+ Joel<br />

===============================<br />

Joel Jorgensen<br />

Nongame Bird Program Manager<br />

Wildlife Division<br />

Nebraska Game and Parks Commission<br />

1


Project: <strong>Loup</strong> River Hydroelectric Project<br />

FERC Project No. 1256<br />

Subject: <strong>Loup</strong> <strong>Power</strong> <strong>District</strong> Study Plan Data Gathering<br />

Meeting Date: January 5, 2010<br />

9:00 AM – 12:00 PM<br />

Notes by: HDR<br />

Attendees:<br />

Frank Albrecht, NGPC<br />

Richard Holland, NGPC<br />

Joel Jorgensen, NGPC<br />

Michelle Koch, NGPC<br />

Dave Tunink, NGPC<br />

Ron Ziola, LPD<br />

Pat Engelbert, HDR<br />

George Hunt, HDR<br />

Melissa Marinovich, HDR<br />

Matt Pillard, HDR<br />

George Waldow, HDR<br />

Robert Harms, USFWS<br />

Meeting Notes<br />

Meeting Location: HDR Lincoln Office, 301 South 13 th St.,<br />

Cornhusker Plaza Suite 601 - Lincoln,<br />

NE<br />

Jeff Runge, USFWS<br />

Nick Jayjack, FERC<br />

Kim Nguyen, FERC<br />

Dave Turner, FERC<br />

Paul ??, FERC<br />

A meeting was held between <strong>Loup</strong> <strong>Power</strong> <strong>District</strong>, the Federal Energy Regulatory Commission, HDR Engineering, the<br />

Nebraska Game and Parks Commission, and the U.S. Fish and Wildlife Service to discuss data collection for the<br />

upcoming Relicensing Studies.<br />

Meeting Agenda:<br />

1. Review of Study Plan Determination Letter<br />

• Study 1 - Sedimentation<br />

• Study 2 - Hydrocycling<br />

• Study 5 – Flow Depletion and Flow Diversion<br />

2. Information to be determined from Study 2<br />

3. Information to be determined from Study 5<br />

4. Study 5 – Flow Depletion and Flow Diversion – Aerial Imagery Review<br />

• River Miles for Study – 5 miles above and below, randomly generated<br />

• Years for photo interpretation<br />

• Characteristics to be identified<br />

Discussion:<br />

Matt Pillard began the meeting with introductions and by providing a summary of the Study Plan Determination Letter and<br />

the planned studies (1-Sedimentation, 2-Hydrocycling, and 5-Flow Depletion/Flow Diversion). Provided that while Study 1<br />

– Sedimentation, did not require coordiantion with agencies per the Study Plan Determination, it was inlcuded to show the<br />

data needs and overlap with other studies. The purpose of the meeting is to discuss when, what, how, and where data<br />

collection for these studies. Discussion of issues is summarized by agenda topic below.<br />

1. Review of Study Plan Determination Letter<br />

HDR provided a brief summary of each study plan’s projected “where and when” with information from the Study Plan<br />

Determination Letter.<br />

<strong>Loup</strong> <strong>Power</strong> <strong>District</strong><br />

Columbus, NE<br />

P.O. Box 988<br />

2404 15 th Street<br />

Columbus, NE 68602-0988<br />

Phone (866) 869-2087<br />

Fax (402) 564-0970<br />

www.loup.com<br />

Page 1 of 8


LPD Hydropower Relicensing<br />

FERC Project No. 1256<br />

Study Plan Data Gathering Meeting – January 5, 2010<br />

Study 1 – Sedimentation<br />

Locations were determined for additional cross-sections to those originally stated in the Revised Study Plan (USGS<br />

gages).<br />

Data Gathering Summary: A flow record will be synthesized and one survey cross-section will be taken at: 1) Platte River<br />

between the <strong>Loup</strong> River confluence and the tailrace return confluence, 2) Platte River within 5 miles downstream of the<br />

tailrace return. Cross-sections shall be surveyed in the late spring to early summer period (mid-May to mid-June) to<br />

coincide with the beginning of interior least tern and piping plover nesting period and the presumed pallid sturgeon<br />

spawning period. The above data will be used for spatial analysis determining a relationship between sediment transport<br />

and tern and plover nest counts and fledge success.<br />

Study 2 – Hydrocycling<br />

Per the Study Plan Determination letter, when selecting representative sites for analysis, an area where there has been<br />

historic tern and plover nesting is preferred. A 1D steady state HEC-RAS model based on this May and August data will<br />

be developed.<br />

Data Gathering Summary: Reaches for the representative study sites for the HEC-RAS model are: 1) Platte River<br />

between the <strong>Loup</strong> River confluence and the tailrace return confluence, 2) Platte River within 5 miles downstream of the<br />

tailrace return, 3) Near the USGS North Bend gage station. These study sites should include (to the extent possible)<br />

areas where terns and plovers have historically nested. This data would be collected prior to the first week in May and<br />

near the first week in August (beginning and end of nesting season for terns and plovers).<br />

Study 5 – Flow Depletion and Flow Diversion<br />

Data Gathering Summary: Reaches for the representative study sites for the HEC-RAS model are: 1) <strong>Loup</strong> River<br />

upstream of the diversion weir, 2) <strong>Loup</strong> River downstream of the diversion weir, 3) Platte River between the <strong>Loup</strong> River<br />

confluence and the tailrace return confluence. This data would be collected prior to the first week in May and near the first<br />

week in August (beginning and end of nesting season for terns and plovers).<br />

HDR presented a Field Collection Summary Matrix – displaying when data collection should occur for each of the studies<br />

by river reach based on the Study Plan Determination Letter. The flow depletion/flow diversion data should be collected at<br />

times of low flow and some higher flow, which corresponded with timeframes for the other studies, May (typically high<br />

flow) and August (typically low flow).<br />

The NGPC asked if HDR would be monitoring sediment transported during all months of the year. HDR responded that<br />

the sediment transport information will be based on the amount of dredged material from the settling basin. NGPC also<br />

asked if there was headcutting below the diversion. HDR stated that the gage at Genoa had not shown any signs of<br />

degradation, nor has there been any sign of the diversion wall being undermined. . The sedimentation study will look at<br />

seasonal and annual sediment transport, assuming transport capacity. HDR noted that for the sedimentation study, the<br />

cross sections would be taken from the survey data obtained for the hydrocycling and flow depletion and flow diversion<br />

studies.<br />

The NGPC questioned the validity of only cutting one cross-section when gathering the data at each of the dates. HDR<br />

noted that the study plan determination letter required only one cross-section at each time. HDR will also be looking at<br />

data that the USGS collects (monthly). From this data a collective sediment discharge rating curve will be developed for<br />

comparison to the USGS gage information.<br />

HDR stated that one of the goals of this meeting is to identify what information the USFWS and NGPC would use from the<br />

HEC-RAS models results to evaluate the effects on tern, plover, and whooping crane habitat.<br />

USFWS asked if HDR would be applying Parker’s regime equations to the Effective Discharge results at the ungaged<br />

sites (single cross section locations), as well as the gaged sites (USGS sites). HDR stated that a relationship between<br />

<strong>Loup</strong> <strong>Power</strong> <strong>District</strong><br />

Columbus, NE<br />

P.O. Box 988<br />

2404 15 th Street<br />

Columbus, NE 68602-0988<br />

Phone (866) 869-2087<br />

Fax (402) 564-0970<br />

www.loup.com<br />

Page 2 of 8


LPD Hydropower Relicensing<br />

FERC Project No. 1256<br />

Study Plan Data Gathering Meeting – January 5, 2010<br />

width and depth would be based on the effective discharge and surveyed data, as suggested by Leopold. But HDR would<br />

look into applying Parker’s regime equations.<br />

The window of opportunity to get the data in the spring is narrow, as river levels must be monitored. HDR is hoping to look<br />

for breaks in high water and weather for the early-mid May and early-mid August data collection efforts, as well as<br />

coordinating with the USGS to collect field data. NGPC noted that HDR will need to be cognizant of the terns and plovers<br />

and that they may be on the river at the time of data collection. HDR will plan on coordinating with NGPC to make sure<br />

they are aware of bird locations.<br />

NGPC questioned the lack of details regarding the studies at this juncture. Where is the line between HDR making<br />

decisions and assumptions about the data and how studies should be conducted and getting input from agencies? HDR<br />

noted that ultimately, LPD needs to satisfy FERC. FERC asked the resource agencies for their input on the information to<br />

be studied. The study plans were discussed in a series of meetings, where goals and objectives were discussed on how<br />

they should be accomplished. A comment period was opened and comments received. FERC released a decision on the<br />

study plan (the study plan determination letter), requesting information needed for their environmental assessment. HDR<br />

also noted that this information would be reviewed in the development of the biological assessment and making sure that<br />

the USFWS would have all they need for the biological opinion. All told – it is FERC’s decision for acceptance or denial of<br />

the information found in the studies.<br />

The NGPC asked if there would be more detailed descriptions of the studies as to why something was done and what<br />

assumptions were made. HDR needs to check on this, but is under the impression that this information could be included<br />

in quarterly progress reports. USFWS pointed out that a lot of the information and assumptions are in the revised study<br />

plan already. NGPC noted that a higher level of detail is needed to validate the information in the studies as to why<br />

certain data was used and why certain assumptions are being made. NGPC asked who would be submitting the progress<br />

reports and noted that the first report, submitted by LPD, was very general and did not include a lot of detail. HDR noted<br />

that there is no required format for these quarterly progress reports; however, they are designed to convey the most<br />

current information at the time. The first few reports will purely validate that the data collection process is working and<br />

later reports will share results and conclusions. Some reports may just have raw data.<br />

The USFWS asked when the agencies would be able to review these progress reports. The timeline is vague. The<br />

progress reports are submitted to FERC and FERC will post them. There is no set submittal and posting time, although<br />

there is a general guideline set forth – at this point, the next submittals are scheduled for February and May. HDR’s<br />

understanding of the periodic reporting to FERC is to assure FERC that progress is being made. This way, if the study is<br />

not addressing the issue, mid-course corrections may be implemented. There is nothing built into the proposed schedule<br />

that allows for a comment-response exchange with the agencies on the quarterly reports. HDR noted, if there is<br />

something that the agencies wish to see in the reports, they need to let HDR know and HDR will try to get the information<br />

to them. It is important to keep monitoring the studies to make sure they are showing reasonable data.<br />

2. Information to be determined from Study 2<br />

Cross sections or topo data will be used to develop a 1D steady state HEC-RAS model within the reaches described<br />

above. . From the model results, HDR asked what information the USFWS and NGPC would need from the model results<br />

to determine effects on tern and plover habitat. NGPC would like to see whether or not fluctuations in elevation of water<br />

level impacts exposed habitat. What happens if the fluctuations in water surface elevation go above the elevation of the<br />

sandbars? USFWS noted that change in elevation and changes in size of habitat, cohesiveness of sand particles as it<br />

relates to erosion could be important. Looking at the flooding aspect and sandbar erosion is important.<br />

HDR explained that there were two parts to this study. Peak flow would be evaluated during nest initiation period and then<br />

again later in the season. HDR noted that the 1D model would be based on a series of cross-sections or topo taken in<br />

May and August (as previously discussed). They will compare how the cross-sections change and look at discharge and<br />

how stage has changed. Width of exposed mid-channel features and height of these features will be looked at with<br />

regards to how these variables change with a change in discharge for a typical wet, dry, and normal year.<br />

<strong>Loup</strong> <strong>Power</strong> <strong>District</strong><br />

Columbus, NE<br />

P.O. Box 988<br />

2404 15 th Street<br />

Columbus, NE 68602-0988<br />

Phone (866) 869-2087<br />

Fax (402) 564-0970<br />

www.loup.com<br />

Page 3 of 8


LPD Hydropower Relicensing<br />

FERC Project No. 1256<br />

Study Plan Data Gathering Meeting – January 5, 2010<br />

USFWS noted there is published literature regarding sandbar measurements. Mary Bomberger-Brown and Joel<br />

Jorgensen have done a lot of research on this concept. USFWS asked what will be a representation of what is habitat.<br />

Would need to look at a continuous variable, such as wetted area, and look at the changes.<br />

HDR noted that the 1D model will not tell you whether the habitat is suitable or not. NGPC commented that the sandbar<br />

area is challenging to quantify and may be important in some years and not in others. In addition, that tern and plover<br />

habitat is variable and that what is considered “suitable” varies depending on what is available. NGPC made the following<br />

points:<br />

1. It is difficult to define habitat because it is not constant for these species<br />

2. Conditions vary and birds respond to what is available<br />

3. Trying to say that the birds nest in the same place every year is a false assumption<br />

4. If hydrocycling increases the stage of the river during a pulse flow, there will be an affect at some point<br />

5. It is challenging to quantify how important “sandbar area” is to the birds<br />

6. Elevation appears to be more important<br />

7. Although there may be sand above the surface water level, hydrocycling may not be allowing the sand to dry to a<br />

sufficient level to become habitat for the birds<br />

NGPC asked how wet/dry/normal water years are defined. . HDR noted that a volume duration analysis will be used to<br />

determine a typical wet, dry and normal year.<br />

NGPC asked if it would still be the practice to use the highest flow in a year would be the highest sandbar point. HDR<br />

explained that highest flow would be used compare flows. How often are these high flows exceeded? Flow is used as a<br />

surrogate for habitat. It is not assumed that the nesting occurs at this high flow, but simply a means to isolate how flows<br />

are affected by hydrocycling as way to relate to potential effects to birds. USFWS added that all of this will be part of<br />

FERC’s EA. It will all be relative and used for comparison. This method will not give an absolute species response, it will<br />

only be a relative evaluation across alternatives. This type of study will not provide an analysis of good versus bad<br />

habitat. NGPC requested additional detail on the assumptions that HDR is making regarding this study.<br />

The output question was revisited: what HEC-RAS output do the agencies need to look at impacts on tern and plover<br />

habitat?<br />

• USFWS said they would need to go back to the office and look at additional information and discuss with NGPC<br />

further. They will return correspondence to HDR within 2-3 weeks (approximately by January 29).<br />

3. Information to be determined from Study 5 – Flow Depletion/Flow Diversion<br />

HDR summarized that this study would develop a 1D HEC-RAS steady state model to study the effects of diverted flows<br />

on least tern and piping plover nesting habitat and also whooping crane roosting habitat. USFWS noted that there have<br />

been reports published on 1D model for whooping crane habitat. The Platte-Habitat simulation, which has a lot of indices,<br />

would likely apply to the <strong>Loup</strong> diversion area.<br />

• USFWS referenced a USGS publication – “Evaluation of Models and Data for Assessing Whooping Crane<br />

Habitat in the Central Platte River, Nebraska” – 2005 Farmer et al.<br />

• USFWS will send a copy to David Turner at FERC.<br />

• Because this reference is a bit dated, USFWS would like to think about this habitat assessment and coordinate<br />

with NGPC before discussing with HDR what information they will need to determine affects to whooping crane<br />

roosting habitat.<br />

• Parkers Regime Equation can be found in the 1983 USGS report (as referenced in the Revised Study Plan – pg.<br />

24)<br />

4. Data Collection Locations<br />

HDR began this discussion by displaying aerials with tern and plover nesting sites overlaid on a number of years of aerial<br />

imagery. Discussion centered on where the cross-sections should be taken for the flow depletion/flow diversion study<br />

<strong>Loup</strong> <strong>Power</strong> <strong>District</strong><br />

Columbus, NE<br />

P.O. Box 988<br />

2404 15 th Street<br />

Columbus, NE 68602-0988<br />

Phone (866) 869-2087<br />

Fax (402) 564-0970<br />

www.loup.com<br />

Page 4 of 8


LPD Hydropower Relicensing<br />

FERC Project No. 1256<br />

Study Plan Data Gathering Meeting – January 5, 2010<br />

(some of which would be used for other studies too). All parties agreed that the extent of the data gathering (topo) and<br />

subsequent model extents would be 1-2 times the channel width. One additional cross section would be taken upstream<br />

of the study site and downstream of the study site to assist with modeling boundary conditions. Only topo information<br />

would be gathered. The 1D model would be calibrated based on water surface profile information obtained during the<br />

survey and flows obtained from nearby gages. Therefore, velocity measurements would not be obtained.<br />

USFWS noted that when looking at changes in sediment transport, this can be impacted because of bank stabilization.<br />

USFWS also noted that it might be difficult to see a change upstream and downstream of the diversion because changes<br />

in the transport may actually be affected by jetties and bank revetment, rather than from the diversion. However, it was<br />

discussed that this is the condition of the river today, and effects of bank stabilization can not be ignored. HDR will take a<br />

closer look at aerial photographs and try to set a study site outside of bank stabilization areas.<br />

• USFWS will deliver bank stabilization information from a survey of the lower Platte River to HDR; however, no<br />

such survey was done for the <strong>Loup</strong> River. USFWS noted that the lower Platte River survey was completed in<br />

2006, so there may be additional bank stabilization that was not noted in this survey. HDR should coordinate<br />

with USACE to get additional permitted activity to supplement the 2006 data.<br />

HDR reiterated that if they can understand what the agencies need to evaluate effects; that will assist in developing the<br />

model and how to get the required information. There was some discussion as to whether cross sections will be cut, or a<br />

topo survey will be performed, from which cross sections for the model can be obtained. Due to relatively higher spring<br />

flows, the cross-sections or topo information in May will likely be from a boat. The data collected in August can likely be<br />

done on foot to a large degree, with the assistance of an amphibious vehicle, as the channel can often be walked across<br />

in August due to lower flows. HDR is planning to collect topo or cross-section data. Velocity measures are not necessary<br />

for the 1D model.<br />

The criteria discussed when choosing the representative sites were:<br />

• Locations where the birds historically nested;<br />

• Access locations for survey equipment;<br />

• Representative of the general reach;<br />

• Avoid revetment locations, if possible<br />

HDR proposed the locations for obtaining topo data or taking cross-sections in the following areas and requested<br />

feedback from the agencies:<br />

<strong>Loup</strong> River/Platte River confluence to the tailrace return/Platte River confluence<br />

HDR is planning to obtain data where birds had historically nested between Platte RM’s 102 and 103. The data collection<br />

effort would consist of obtaining topographic information and would be limited to 1-2 times the channel width. USFWS<br />

asked about the extent of the revetment in this stretch, because by looking at the aerials, there may be some at the<br />

location of the proposed cross-section<br />

• NGPC noted that the effect will be realized and the revetments should not make a difference<br />

• USFWS noted that if the revetment was not there, the effects would be different<br />

• NGPC pointed out that the revetments are there and they are not going away, so it’s not realistic or<br />

representative to try and take a cross-section in an area without revetment.<br />

• HDR noted that this stretch is only approximately 1.5 miles, so the most logical choice of where to obtain the<br />

data would be in the one area where birds had historically nested, between RM’s 102 and 103.<br />

• USFWS reiterated that if there were a sediment deficit, the river would erode banks, bed, and bars<br />

• NGPC reiterated that the majority of the lower Platte River is stabilized, so unless the USFWS is proposing a<br />

river restoration project, which they are not, the stabilization sites shouldn’t dictate where a cross-section is cut.<br />

Stabilization is there and should be irrelevant for the purposes of this study. Need to focus on effects to the birds.<br />

• LPD noted that there is revetment along most of this stretch for the adjacent county road and for the powerline<br />

near the railroad bridge<br />

<strong>Loup</strong> <strong>Power</strong> <strong>District</strong><br />

Columbus, NE<br />

P.O. Box 988<br />

2404 15 th Street<br />

Columbus, NE 68602-0988<br />

Phone (866) 869-2087<br />

Fax (402) 564-0970<br />

www.loup.com<br />

Page 5 of 8


LPD Hydropower Relicensing<br />

FERC Project No. 1256<br />

Study Plan Data Gathering Meeting – January 5, 2010<br />

• USFWS asked HDR how representative this proposed location was of the longitudinal segment. HDR responded<br />

that it seems fairly representative and likely the best location from a bird nesting standpoint, as well as from an<br />

access standpoint.<br />

Platte River: 5-miles downstream of the tailrace return confluence<br />

• HDR displayed the proposed area for data collection to be just east of the Bellwood Lakes area, near Platte RM<br />

99, due to the amount of birds historically nesting in this location. The data collection effort would consist of<br />

obtaining topographic information and would be limited to 1-2 times the channel width. NGPC asked how HDR<br />

was proposing to control other variables that could affect the data being measured. HDR proposes to look at<br />

how the width and depth can change based on relationships developed in the sedimentation study, not<br />

estimating how the channel section will change (i.e. erosion or aggradation of a sandbar feature). The 1D<br />

steady-state model utilizes a fixed cross section, and does not have mobile bed component.<br />

• USFWS noted that there is not an integrated model that looks at all variables. Only models exist that look at<br />

different pieces in different parts.<br />

• NGPC noted that the proposed site was probably optimal relative to nesting birds; however, it may not be<br />

representative of the reach.<br />

• USFWS noted that in this reach, above the railroad bridge (which splits this river reach) the river is deep and<br />

swift, while below the bridge is wide and slower, making it difficult to choose one location that could represent<br />

the entire reach.<br />

• NGPC again agreed that RM 99 would be the best area for nesting birds because a large sandbar existed there;<br />

however, it would likely not represent the entire reach, although a cross-section should not be cut where no<br />

habitat could potentially exist.<br />

• USFWS will consider this location and get back to HDR with comments within 2-3 weeks (approx. January 29).<br />

• HDR can place the aerials with the proposed locations on an FTP site for USFWS and NGPC to access.<br />

USFWS would let HDR know if this is needed.<br />

Platte River near the North Bend USGS Gage<br />

HDR displayed the proposed cross-section location in this reach near RM 71. HDR noted that USFWS, in their comment<br />

letter on the Study Plan, would prefer the cross-section be taken downstream of the Hwy. 79 Bridge. The data collection<br />

effort would consist of obtaining topographic information and would be limited to 1-2 times the channel width.<br />

• NGPC noted that this reach would also be difficult to find a representative site for the entire reach, so it would be<br />

sensible to take the data where the birds have nested historically. NGPC also noted that there may still be an<br />

operable boat ramp at “Legge’s Lake” near RM 69 for access. NGPC pointed out that there was also a bar with<br />

nesting at RM 69 in 2009.<br />

• HDR reiterated that this cross-section needs to be “near the North Bend USGS gage.” HDR is trying to pick a<br />

location that stays closer to the gage (at RM 72.5) and RM 69 may be a little farther than anticipated.<br />

• USFWS said that if NGPC is okay with the site at RM 71 that HDR chose, then USFWS is okay with it.<br />

• NGPC agreed that the site at RM 71 would work.<br />

<strong>Loup</strong> River Upstream of the Diversion<br />

HDR displayed the proposed the data be collected downstream of the confluence of Cedar River and the <strong>Loup</strong> River at<br />

approximately <strong>Loup</strong> RM 39. There was has also been historic tern nesting here.<br />

• USFWS noted that targeting the area downstream of the Cedar River is good, so as not to confuse any effects<br />

the Cedar River could have on the data.<br />

• All parties agreed that the proposed upstream of the diversion and downstream of the Cedar River location was<br />

appropriate.<br />

<strong>Loup</strong> <strong>Power</strong> <strong>District</strong><br />

Columbus, NE<br />

P.O. Box 988<br />

2404 15 th Street<br />

Columbus, NE 68602-0988<br />

Phone (866) 869-2087<br />

Fax (402) 564-0970<br />

www.loup.com<br />

Page 6 of 8


LPD Hydropower Relicensing<br />

FERC Project No. 1256<br />

Study Plan Data Gathering Meeting – January 5, 2010<br />

<strong>Loup</strong> River Downstream of the Diversion<br />

HDR proposed taking the cross-section between <strong>Loup</strong> RM’s 30 and 31. USFWS had proposed a site nearer to <strong>Loup</strong> RM<br />

4, by Columbus. HDR asked if USFWS had a preference of the cross-section being cut closer to or farther from the<br />

diversion. The data collection effort would consist of obtaining topographic information and would be limited to 1-2 times<br />

the channel width.<br />

• USFWS noted that they had selected the farther downstream site because they thought there were nesting<br />

records for that area.<br />

• HDR noted that they did not currently have nesting records for this area.<br />

• USFWS does not have a preference about being closer or farther away from the diversion, but would like to go<br />

back to their office and review their records before agreeing to this cross-section location. They will get back to<br />

HDR in the 2-3 week timeframe.<br />

• NGPC noted that if HDR is looking for an area to take data that would detect greater impacts of the operation,<br />

wouldn’t it be better to be closer to the diversion?<br />

• LPD noted that there is a powerline running through the trees near <strong>Loup</strong> RM 31, which would provide good<br />

access.<br />

• USFWS reiterated that they would prefer to review their data. It has been noted that HDR’s preference is near<br />

<strong>Loup</strong> RM 31.<br />

• NGPC noted that there may be a lot of people impacts directly downstream of the diversion.<br />

o LPD noted that ATV usage typically remains upstream of <strong>Loup</strong> RM 32.<br />

5. Study 5 – Flow Depletion and Flow Diversion – Aerial Imagery Review<br />

HDR will compare river conditions for five randomly generated 1-mile-stretches upstream of the diversion and five<br />

randomly generated 1-mile-stretches downstream of the diversion. Habitat specific items will be evaluated. As there are<br />

34 miles of <strong>Loup</strong> River downstream from the diversion to the confluence with the Platte River, the limits for review<br />

upstream will also be 34 miles.<br />

• USFWS noted that the “above the diversion” river would be the “control”<br />

• HDR noted that FSA imagery would be used for this analysis and the method used by Kirsch (1996) would be<br />

followed.<br />

• NGPC noted that Kirsch flew the river at specific times when nests were initiated for the aerial photos used in her<br />

analysis, which could make using FSA photos, typically taken in July, problematic. HDR stated this is the data<br />

that is available. NGPC also asked what factors HDR would quantify.<br />

o HDR is planning to use number of sandbars per mile, position of sandbars, vegetation composition on<br />

sandbars, etc.<br />

o NGPC noted that sandbars can be identified, but not all sandbars are habitat. NGPC would like HDR to<br />

clarify that all sandbars are not habitat.<br />

o USFWS noted that this study is not quantifying what is or is not habitat. This study is merely comparing<br />

river conditions with respect to sandbars.<br />

o HDR noted that originally the study was going to compare nesting numbers above and below, but after<br />

reviewing the data, it was found that there is not enough data to offer a powerful difference worth<br />

evaluating. HDR chose to move to the next step which was comparing river conditions.<br />

o NGPC noted that this is a fairly weak test for how operations could be affecting the river. A better test<br />

would be to go out and measure real life conditions for greater accuracy, but this is not feasible in the<br />

timeframe given. NGPC also noted that focusing solely on nesting locations could confound the<br />

analysis.<br />

• NGPC asked if the FSA photos were all taken on the same day for the years to be analyzed. HDR responded<br />

that this is not likely the case, but will check. HDR will try to find photos with similar flows in different years, a<br />

representative 5 years of photos.<br />

<strong>Loup</strong> <strong>Power</strong> <strong>District</strong><br />

Columbus, NE<br />

P.O. Box 988<br />

2404 15 th Street<br />

Columbus, NE 68602-0988<br />

Phone (866) 869-2087<br />

Fax (402) 564-0970<br />

www.loup.com<br />

Page 7 of 8


LPD Hydropower Relicensing<br />

FERC Project No. 1256<br />

Study Plan Data Gathering Meeting – January 5, 2010<br />

USFWS noted that in many areas of these studies, there is a lot of gray. Differences in the years and aerial photos will<br />

need to be stated and this study will not answer all questions.<br />

• NGPC noted that this study still may not be able to isolate the impacts of the diversion. The study would likely<br />

show that there is not enough evidence to show there is an impact. This study would compare conditions above<br />

and below, but wouldn’t be able to isolate Project effects.<br />

• HDR will provide additional details on the methods to be used for this study and try to get something in writing<br />

that explains the method and assumptions.<br />

• USFWS recommended a stream classification report by Jacobson and Elliot that was used on the Missouri<br />

River. HDR could potentially use some of the same methods. USFWS would try to send detailed reference<br />

information for this report.<br />

• NGPC noted that this is not a stand-alone study.<br />

FERC requested that HDR clarify if the 5 areas where cross-sections would be taken had been settled on. HDR noted<br />

that not all locations had been decided and USFWS would get additional comments on the 5-miles Downstream of the<br />

Tailrace confluence and <strong>Loup</strong> River Downstream of the Diversion locations back to HDR within 2-3 weeks.<br />

Meeting Adjourned at 12:05 PM.<br />

Action Items:<br />

Who<br />

<strong>Loup</strong> <strong>Power</strong> <strong>District</strong><br />

Columbus, NE<br />

Task<br />

HDR Develop more detailed descriptions of the studies for subsequent<br />

Quarterly Progress Reports.<br />

USFWS Review USFWS information, meet with NGPC, and provide<br />

comment on what output the agencies would need from the 1D<br />

model to determine impacts on tern, plover, and whooping crane<br />

habitat.<br />

USFWS Deliver 2006 USFWS lower Platte River bank stabilization survey<br />

information to HDR. [Subsequently delivered via email on 1/5/10]<br />

USFWS Further consider the Platte River: 5-miles Downstream of the<br />

Tailrace Return Confluence stretch and provide comment on this<br />

proposed cross-section location.<br />

USFWS Further consider the <strong>Loup</strong> River Downstream of the Diversion<br />

stretch and provide comment on this proposed cross-section<br />

location.<br />

USFWS Provide detailed reference information of the Jacobson and Elliot<br />

stream classification report, referenced during the final discussion.<br />

P.O. Box 988<br />

2404 15 th Street<br />

Columbus, NE 68602-0988<br />

Date<br />

Assigned<br />

2/27/10<br />

1/29/10<br />

1/6/10<br />

1/29/10<br />

1/29/10<br />

1/15/10<br />

Phone (866) 869-2087<br />

Fax (402) 564-0970<br />

www.loup.com<br />

Page 8 of 8


Selzle, Lydia<br />

From: Jorgensen, Joel [Joel.Jorgensen@nebraska.gov]<br />

Sent: Tuesday, January 05, 2010 4:13 PM<br />

To: Marinovich, Melissa; Pillard, Matt<br />

Cc: Albrecht, Frank; Bob Harms; jeff_runge@fws.gov; Koch, Michelle; Holland, Richard<br />

Subject: <strong>Loup</strong> River On3Rive Data: Diversion to Mouth<br />

Matt, Melissa:<br />

In the meeting today there was some question whether any nesting records exist between the diversion and<br />

the <strong>Loup</strong>3Platte confluence. I was concerned by this apparent discrepancy. I did a check and there does<br />

appear to be several records for this stretch. All data that I am aware of were provided to HDR in June 2009<br />

via letter (with enclosures) addressed to Lisa Richardson of your firm and sent from this office . As noted in the<br />

letter addressed to Ms. Richardson, the data, including the data that are now in question, were included in the<br />

MS Excel file entitled “<strong>Loup</strong> River 198232005.xls”. An accompanying PDF file entitled<br />

“<strong>Loup</strong>_Colony_Location_Key.pdf” provided supplemental location information. As also noted in the letter,<br />

<strong>Loup</strong> River data from 2006 were provided in a separate file.<br />

If you identify a problem with the data or file(s), an error on my part, or if for some reason you are not in<br />

possession of these files, please let me know so that we can quickly rectify this situation.<br />

Please do not hesitate contacting me if you have any questions.<br />

3 Joel<br />

===============================<br />

Joel Jorgensen<br />

Nongame Bird Program Manager<br />

Wildlife Division<br />

Nebraska Game and Parks Commission<br />

Lincoln, NE 68503<br />

402 471 5440<br />

joel.jorgensen@nebraska.gov<br />

1


Selzle, Lydia<br />

From: Pillard, Matt<br />

Sent: Thursday, January 07, 2010 3:25 PM<br />

To: Jorgensen, Joel<br />

Cc: Marinovich, Melissa<br />

Subject: RE: <strong>Loup</strong> River On#Rive Data: Diversion to Mouth<br />

Joel,<br />

We looked into this a little more on our end. We do have the <strong>Loup</strong> River spreadsheets with some other locations<br />

imbedded in the referenced PDF. However, our GIS technician did not map them as the locations in the PDF were only<br />

noted by Section, Township, and Range. Thus, for our preliminary purpose of mapping the data, this location<br />

information was not accurate enough. Our technician did tell me this, but I had forgotten that this was the case.<br />

Let us isolate these instances. Is it possible that more accurate location information exists outside of what was in the<br />

spreadsheet/PDF for locations? For example, have some assumptions been made as to these locations that we could<br />

also use, rather than trying to guess where these nesting locations were in relation to the Section, Township, Range<br />

information? Does USFWS or NGPC already have these locations entered into a GIS layer?<br />

Thanks.<br />

Matt<br />

From: Jorgensen, Joel [mailto:Joel.Jorgensen@nebraska.gov]<br />

Sent: Tuesday, January 05, 2010 4:13 PM<br />

To: Marinovich, Melissa; Pillard, Matt<br />

Cc: Albrecht, Frank; Bob Harms; jeff_runge@fws.gov; Koch, Michelle; Holland, Richard<br />

Subject: <strong>Loup</strong> River On3Rive Data: Diversion to Mouth<br />

Matt, Melissa:<br />

In the meeting today there was some question whether any nesting records exist between the diversion and<br />

the <strong>Loup</strong>#Platte confluence. I was concerned by this apparent discrepancy. I did a check and there does<br />

appear to be several records for this stretch. All data that I am aware of were provided to HDR in June 2009<br />

via letter (with enclosures) addressed to Lisa Richardson of your firm and sent from this office . As noted in the<br />

letter addressed to Ms. Richardson, the data, including the data that are now in question, were included in the<br />

MS Excel file entitled “<strong>Loup</strong> River 1982#2005.xls”. An accompanying PDF file entitled<br />

“<strong>Loup</strong>_Colony_Location_Key.pdf” provided supplemental location information. As also noted in the letter,<br />

<strong>Loup</strong> River data from 2006 were provided in a separate file.<br />

If you identify a problem with the data or file(s), an error on my part, or if for some reason you are not in<br />

possession of these files, please let me know so that we can quickly rectify this situation.<br />

Please do not hesitate contacting me if you have any questions.<br />

# Joel<br />

===============================<br />

Joel Jorgensen<br />

Nongame Bird Program Manager<br />

Wildlife Division<br />

1


Selzle, Lydia<br />

From: Jorgensen, Joel [Joel.Jorgensen@nebraska.gov]<br />

Sent: Friday, January 08, 2010 11:45 AM<br />

To: Pillard, Matt<br />

Cc: Marinovich, Melissa<br />

Subject: RE: <strong>Loup</strong> River On*Rive Data: Diversion to Mouth<br />

Matt:<br />

I’m looking into this to see whether there is any information that might provide more specific location information. The<br />

spreadsheet that I provided is the raw data. Other data sets may exist, but all would have been derived from this original<br />

data set. If one data file provides more precise locations, the pertinent question in my mind is whether it is the result of<br />

some arbitrary post hoc decision process that only gives the impression of a greater precision, or whether additional<br />

information exists where the precision is also accurate and reliable.<br />

I agree with your comment that isolating these instances. I will try to get back to you early next week as I recognize the<br />

time sensitivity of this matter.<br />

Thanks and please feel free to contact me further regarding any questions with the data. There is a great deal of<br />

information to work through..<br />

* Joel<br />

===============================<br />

Joel Jorgensen<br />

Nongame Bird Program Manager<br />

Wildlife Division<br />

Nebraska Game and Parks Commission<br />

Lincoln, NE 68503<br />

402 471 5440<br />

joel.jorgensen@nebraska.gov<br />

From: Pillard, Matt [mailto:Matt.Pillard@hdrinc.com]<br />

Sent: Thursday, January 07, 2010 1:25 PM<br />

To: Jorgensen, Joel<br />

Cc: Marinovich, Melissa<br />

Subject: RE: <strong>Loup</strong> River On'Rive Data: Diversion to Mouth<br />

Joel,<br />

We looked into this a little more on our end. We do have the <strong>Loup</strong> River spreadsheets with some other locations<br />

imbedded in the referenced PDF. However, our GIS technician did not map them as the locations in the PDF were only<br />

noted by Section, Township, and Range. Thus, for our preliminary purpose of mapping the data, this location<br />

information was not accurate enough. Our technician did tell me this, but I had forgotten that this was the case.<br />

Let us isolate these instances. Is it possible that more accurate location information exists outside of what was in the<br />

spreadsheet/PDF for locations? For example, have some assumptions been made as to these locations that we could<br />

also use, rather than trying to guess where these nesting locations were in relation to the Section, Township, Range<br />

information? Does USFWS or NGPC already have these locations entered into a GIS layer?<br />

Thanks.<br />

1


Matt<br />

From: Jorgensen, Joel [mailto:Joel.Jorgensen@nebraska.gov]<br />

Sent: Tuesday, January 05, 2010 4:13 PM<br />

To: Marinovich, Melissa; Pillard, Matt<br />

Cc: Albrecht, Frank; Bob Harms; jeff_runge@fws.gov; Koch, Michelle; Holland, Richard<br />

Subject: <strong>Loup</strong> River On'Rive Data: Diversion to Mouth<br />

Matt, Melissa:<br />

In the meeting today there was some question whether any nesting records exist between the diversion and<br />

the <strong>Loup</strong>*Platte confluence. I was concerned by this apparent discrepancy. I did a check and there does<br />

appear to be several records for this stretch. All data that I am aware of were provided to HDR in June 2009<br />

via letter (with enclosures) addressed to Lisa Richardson of your firm and sent from this office . As noted in the<br />

letter addressed to Ms. Richardson, the data, including the data that are now in question, were included in the<br />

MS Excel file entitled “<strong>Loup</strong> River 1982*2005.xls”. An accompanying PDF file entitled<br />

“<strong>Loup</strong>_Colony_Location_Key.pdf” provided supplemental location information. As also noted in the letter,<br />

<strong>Loup</strong> River data from 2006 were provided in a separate file.<br />

If you identify a problem with the data or file(s), an error on my part, or if for some reason you are not in<br />

possession of these files, please let me know so that we can quickly rectify this situation.<br />

Please do not hesitate contacting me if you have any questions.<br />

* Joel<br />

===============================<br />

Joel Jorgensen<br />

Nongame Bird Program Manager<br />

Wildlife Division<br />

Nebraska Game and Parks Commission<br />

Lincoln, NE 68503<br />

402 471 5440<br />

joel.jorgensen@nebraska.gov<br />

2


Selzle, Lydia<br />

From: Jorgensen, Joel [Joel.Jorgensen@nebraska.gov]<br />

Sent: Tuesday, January 12, 2010 3:55 PM<br />

To: Pillard, Matt<br />

Cc: Marinovich, Melissa<br />

Subject: RE: <strong>Loup</strong> River On(Rive Data: Diversion to Mouth<br />

Matt:<br />

After reviewing and looking for additional information, more precise and accurate location information does not appear to<br />

be available for <strong>Loup</strong> River data prior to 2006. Heritage data gives the appearance of greater accuracy, but this is<br />

because of the process and decisions made to conform to biotics national standards. The information provided appears<br />

to be the most usable.<br />

Please do not hesitate contacting me if you have questions.<br />

( Joel<br />

===============================<br />

Joel Jorgensen<br />

Nongame Bird Program Manager<br />

Wildlife Division<br />

Nebraska Game and Parks Commission<br />

Lincoln, NE 68503<br />

402 471 5440<br />

joel.jorgensen@nebraska.gov<br />

From: Pillard, Matt [mailto:Matt.Pillard@hdrinc.com]<br />

Sent: Friday, January 08, 2010 9:46 AM<br />

To: Jorgensen, Joel<br />

Cc: Marinovich, Melissa<br />

Subject: RE: <strong>Loup</strong> River On*Rive Data: Diversion to Mouth<br />

Thanks Joel. We’ll be in touch.<br />

Matt<br />

From: Jorgensen, Joel [mailto:Joel.Jorgensen@nebraska.gov]<br />

Sent: Friday, January 08, 2010 11:45 AM<br />

To: Pillard, Matt<br />

Cc: Marinovich, Melissa<br />

Subject: RE: <strong>Loup</strong> River On*Rive Data: Diversion to Mouth<br />

Matt:<br />

I’m looking into this to see whether there is any information that might provide more specific location information. The<br />

spreadsheet that I provided is the raw data. Other data sets may exist, but all would have been derived from this original<br />

data set. If one data file provides more precise locations, the pertinent question in my mind is whether it is the result of<br />

some arbitrary post hoc decision process that only gives the impression of a greater precision, or whether additional<br />

information exists where the precision is also accurate and reliable.<br />

1


I agree with your comment that isolating these instances. I will try to get back to you early next week as I recognize the<br />

time sensitivity of this matter.<br />

Thanks and please feel free to contact me further regarding any questions with the data. There is a great deal of<br />

information to work through..<br />

( Joel<br />

===============================<br />

Joel Jorgensen<br />

Nongame Bird Program Manager<br />

Wildlife Division<br />

Nebraska Game and Parks Commission<br />

Lincoln, NE 68503<br />

402 471 5440<br />

joel.jorgensen@nebraska.gov<br />

From: Pillard, Matt [mailto:Matt.Pillard@hdrinc.com]<br />

Sent: Thursday, January 07, 2010 1:25 PM<br />

To: Jorgensen, Joel<br />

Cc: Marinovich, Melissa<br />

Subject: RE: <strong>Loup</strong> River On*Rive Data: Diversion to Mouth<br />

Joel,<br />

We looked into this a little more on our end. We do have the <strong>Loup</strong> River spreadsheets with some other locations<br />

imbedded in the referenced PDF. However, our GIS technician did not map them as the locations in the PDF were only<br />

noted by Section, Township, and Range. Thus, for our preliminary purpose of mapping the data, this location<br />

information was not accurate enough. Our technician did tell me this, but I had forgotten that this was the case.<br />

Let us isolate these instances. Is it possible that more accurate location information exists outside of what was in the<br />

spreadsheet/PDF for locations? For example, have some assumptions been made as to these locations that we could<br />

also use, rather than trying to guess where these nesting locations were in relation to the Section, Township, Range<br />

information? Does USFWS or NGPC already have these locations entered into a GIS layer?<br />

Thanks.<br />

Matt<br />

From: Jorgensen, Joel [mailto:Joel.Jorgensen@nebraska.gov]<br />

Sent: Tuesday, January 05, 2010 4:13 PM<br />

To: Marinovich, Melissa; Pillard, Matt<br />

Cc: Albrecht, Frank; Bob Harms; jeff_runge@fws.gov; Koch, Michelle; Holland, Richard<br />

Subject: <strong>Loup</strong> River On*Rive Data: Diversion to Mouth<br />

Matt, Melissa:<br />

In the meeting today there was some question whether any nesting records exist between the diversion and<br />

the <strong>Loup</strong>(Platte confluence. I was concerned by this apparent discrepancy. I did a check and there does<br />

appear to be several records for this stretch. All data that I am aware of were provided to HDR in June 2009<br />

via letter (with enclosures) addressed to Lisa Richardson of your firm and sent from this office . As noted in the<br />

2


letter addressed to Ms. Richardson, the data, including the data that are now in question, were included in the<br />

MS Excel file entitled “<strong>Loup</strong> River 1982(2005.xls”. An accompanying PDF file entitled<br />

“<strong>Loup</strong>_Colony_Location_Key.pdf” provided supplemental location information. As also noted in the letter,<br />

<strong>Loup</strong> River data from 2006 were provided in a separate file.<br />

If you identify a problem with the data or file(s), an error on my part, or if for some reason you are not in<br />

possession of these files, please let me know so that we can quickly rectify this situation.<br />

Please do not hesitate contacting me if you have any questions.<br />

( Joel<br />

===============================<br />

Joel Jorgensen<br />

Nongame Bird Program Manager<br />

Wildlife Division<br />

Nebraska Game and Parks Commission<br />

Lincoln, NE 68503<br />

402 471 5440<br />

joel.jorgensen@nebraska.gov<br />

3


Selzle, Lydia<br />

From: Jorgensen, Joel [Joel.Jorgensen@nebraska.gov]<br />

Sent: Tuesday, January 12, 2010 3:55 PM<br />

To: Pillard, Matt<br />

Cc: Marinovich, Melissa<br />

Subject: RE: <strong>Loup</strong> River On(Rive Data: Diversion to Mouth<br />

Matt:<br />

After reviewing and looking for additional information, more precise and accurate location information does not appear to<br />

be available for <strong>Loup</strong> River data prior to 2006. Heritage data gives the appearance of greater accuracy, but this is<br />

because of the process and decisions made to conform to biotics national standards. The information provided appears<br />

to be the most usable.<br />

Please do not hesitate contacting me if you have questions.<br />

( Joel<br />

===============================<br />

Joel Jorgensen<br />

Nongame Bird Program Manager<br />

Wildlife Division<br />

Nebraska Game and Parks Commission<br />

Lincoln, NE 68503<br />

402 471 5440<br />

joel.jorgensen@nebraska.gov<br />

From: Pillard, Matt [mailto:Matt.Pillard@hdrinc.com]<br />

Sent: Friday, January 08, 2010 9:46 AM<br />

To: Jorgensen, Joel<br />

Cc: Marinovich, Melissa<br />

Subject: RE: <strong>Loup</strong> River On*Rive Data: Diversion to Mouth<br />

Thanks Joel. We’ll be in touch.<br />

Matt<br />

From: Jorgensen, Joel [mailto:Joel.Jorgensen@nebraska.gov]<br />

Sent: Friday, January 08, 2010 11:45 AM<br />

To: Pillard, Matt<br />

Cc: Marinovich, Melissa<br />

Subject: RE: <strong>Loup</strong> River On*Rive Data: Diversion to Mouth<br />

Matt:<br />

I’m looking into this to see whether there is any information that might provide more specific location information. The<br />

spreadsheet that I provided is the raw data. Other data sets may exist, but all would have been derived from this original<br />

data set. If one data file provides more precise locations, the pertinent question in my mind is whether it is the result of<br />

some arbitrary post hoc decision process that only gives the impression of a greater precision, or whether additional<br />

information exists where the precision is also accurate and reliable.<br />

1


I agree with your comment that isolating these instances. I will try to get back to you early next week as I recognize the<br />

time sensitivity of this matter.<br />

Thanks and please feel free to contact me further regarding any questions with the data. There is a great deal of<br />

information to work through..<br />

( Joel<br />

===============================<br />

Joel Jorgensen<br />

Nongame Bird Program Manager<br />

Wildlife Division<br />

Nebraska Game and Parks Commission<br />

Lincoln, NE 68503<br />

402 471 5440<br />

joel.jorgensen@nebraska.gov<br />

From: Pillard, Matt [mailto:Matt.Pillard@hdrinc.com]<br />

Sent: Thursday, January 07, 2010 1:25 PM<br />

To: Jorgensen, Joel<br />

Cc: Marinovich, Melissa<br />

Subject: RE: <strong>Loup</strong> River On*Rive Data: Diversion to Mouth<br />

Joel,<br />

We looked into this a little more on our end. We do have the <strong>Loup</strong> River spreadsheets with some other locations<br />

imbedded in the referenced PDF. However, our GIS technician did not map them as the locations in the PDF were only<br />

noted by Section, Township, and Range. Thus, for our preliminary purpose of mapping the data, this location<br />

information was not accurate enough. Our technician did tell me this, but I had forgotten that this was the case.<br />

Let us isolate these instances. Is it possible that more accurate location information exists outside of what was in the<br />

spreadsheet/PDF for locations? For example, have some assumptions been made as to these locations that we could<br />

also use, rather than trying to guess where these nesting locations were in relation to the Section, Township, Range<br />

information? Does USFWS or NGPC already have these locations entered into a GIS layer?<br />

Thanks.<br />

Matt<br />

From: Jorgensen, Joel [mailto:Joel.Jorgensen@nebraska.gov]<br />

Sent: Tuesday, January 05, 2010 4:13 PM<br />

To: Marinovich, Melissa; Pillard, Matt<br />

Cc: Albrecht, Frank; Bob Harms; jeff_runge@fws.gov; Koch, Michelle; Holland, Richard<br />

Subject: <strong>Loup</strong> River On*Rive Data: Diversion to Mouth<br />

Matt, Melissa:<br />

In the meeting today there was some question whether any nesting records exist between the diversion and<br />

the <strong>Loup</strong>(Platte confluence. I was concerned by this apparent discrepancy. I did a check and there does<br />

appear to be several records for this stretch. All data that I am aware of were provided to HDR in June 2009<br />

via letter (with enclosures) addressed to Lisa Richardson of your firm and sent from this office . As noted in the<br />

2


letter addressed to Ms. Richardson, the data, including the data that are now in question, were included in the<br />

MS Excel file entitled “<strong>Loup</strong> River 1982(2005.xls”. An accompanying PDF file entitled<br />

“<strong>Loup</strong>_Colony_Location_Key.pdf” provided supplemental location information. As also noted in the letter,<br />

<strong>Loup</strong> River data from 2006 were provided in a separate file.<br />

If you identify a problem with the data or file(s), an error on my part, or if for some reason you are not in<br />

possession of these files, please let me know so that we can quickly rectify this situation.<br />

Please do not hesitate contacting me if you have any questions.<br />

( Joel<br />

===============================<br />

Joel Jorgensen<br />

Nongame Bird Program Manager<br />

Wildlife Division<br />

Nebraska Game and Parks Commission<br />

Lincoln, NE 68503<br />

402 471 5440<br />

joel.jorgensen@nebraska.gov<br />

3


Project: <strong>Loup</strong> River Hydroelectric Project<br />

FERC Project No. 1256<br />

Subject: Study 8.0: Recreation Use<br />

Meeting Date: January 14, 2010<br />

2:30 PM – 4:30 PM<br />

Notes by: HDR<br />

Attendees:<br />

Randy Thoreson – NPS<br />

Jeff Schuckman – NGPC<br />

Dave Tunink – NGPC<br />

Rick Holland – NGPC<br />

Mark Ivy – FERC<br />

Ron Ziola – LPD<br />

Meeting Location: Conference Call<br />

Meeting Notes<br />

Jim Frear – LPD<br />

Quinn Damgaard – HDR<br />

Ellen Fitzsimmons – HDR<br />

A meeting was held between the <strong>Loup</strong> <strong>Power</strong> <strong>District</strong> (the <strong>District</strong>), the Federal Energy Regulatory Commission (FERC),<br />

HDR Engineering (HDR), the Nebraska Game and Parks Commission (NGPC), and the National Park Service (NPS) to<br />

finalize methods for data collection activities associate with Study 8.0: Recreation Use.<br />

Meeting Agenda:<br />

1. Trail Counters<br />

2. Phone Survey Timing<br />

3. Creel Survey Clerk Training<br />

4. Clarification of Study Plan Determination Comments on Survey Questions<br />

5. Survey Methods along Bypass Reach and at <strong>Loup</strong> Lands WMA<br />

6. General Recreation Use Survey Schedule<br />

7. Other (Non-Agenda Discussion)<br />

Discussion:<br />

HDR began the meeting with introductions. Discussion of issues is summarized by agenda topic below.<br />

1. Trail Counters<br />

In the meeting invitation, HDR provided an informational brochure on the TRAFx Infrared Trail Counter Generation III that<br />

the <strong>District</strong> is proposing to use for trail count activities. In an off-line email, prior to the meeting, FERC noted “TrailMaster”<br />

as alternative equipment. FERC was concerned about the TRAFx equipment not counting cyclists and volunteered that<br />

the Trailmaster equipment has been used successfully in other studies. HDR will contact TRAFx to verify the ability of the<br />

equipment to detect cyclists and let FERC and NPS know the result of the inquiry. FERC will forward HDR a list of the<br />

specific Trailmaster equipment that would be required of the study. FERC noted that some time will need to be built into<br />

the count schedule to assure that the counters are calibrated correctly and accurately record data.<br />

The counters will be placed along Two Lakes Trail, Bob Lake Trail, and Robert White Trail. The TRAFx package includes<br />

three counters, which would be placed in the middle of each of the three trails. Counter location would be consistent<br />

throughout the entire survey period. All participants were in agreement with the proposed methods. FERC suggested<br />

that an inquiry be made as to how the trails are used by each type of user (walkers/cyclists and whether the use is a loop<br />

or out-and-back). The results of this determination would derive a formula which would account for out-and-back users<br />

that pass the counter twice.<br />

<strong>Loup</strong> <strong>Power</strong> <strong>District</strong><br />

Columbus, NE<br />

P.O. Box 988<br />

2404 15 th Street<br />

Columbus, NE 68602-0988<br />

Phone (866) 869-2087<br />

Fax (402) 564-0970<br />

www.loup.com<br />

Page 1 of 1


LPD Hydropower Relicensing<br />

FERC Project No. 1256<br />

Study 8.0: Recreation Use – January 14, 2010<br />

2. Phone Survey Timing<br />

HDR inquired on whether or not any agencies had specific preferences as to when the phone survey would occur, with<br />

the understanding that it must occur during a point in 2010 to allow sufficient time to review survey results and determine<br />

whether or not the response warrants an extension of the overall Recreation Use Study – beyond October 31, 2010. No<br />

agencies had any preference and it was generally agreed that the survey would occur in the spring/summer.<br />

3. Creel Survey Clerk Training<br />

During preparation of the Proposed Study Plan, NGPC initiated the idea of holding creel survey clerk training at their<br />

Norfolk Office, prior to the initiation of the creel survey. With this in mind, HDR inquired about NGPC’s ability to perform<br />

this training and when it should occur. NGPC noted that training activities could occur during a meeting intended to fine<br />

tune Recreation Use data collection methods (and discussed in Section 7, below). NGPC noted that they have training<br />

manuals that can be used in training activities.<br />

4. Clarification of Study Plan Determination comments on Survey Questions<br />

FERC asked if the changes they proposed in the Study Plan Determination have been incorporated into the survey forms.<br />

HDR indicated that the FERC-recommended revisions have been reviewed and incorporated into the forms. Upon FERC<br />

request, HDR agreed to forward the revised forms to FERC and NPS via email. The phone survey was revised to<br />

indicate that demographic information will be collected for all respondents completing the survey. Question strings A<br />

(familiar with <strong>Loup</strong> sites and use <strong>Loup</strong> sites), B (familiar with <strong>Loup</strong> sites but do not use <strong>Loup</strong> sites), and C (not familiar<br />

with <strong>Loup</strong> sites) will all conclude with demographic questions.<br />

5. Survey Methods along the <strong>Loup</strong> River Bypass Reach and <strong>Loup</strong> Lands WMA<br />

The <strong>District</strong> is proposing a mail-back windshield visitor survey for the subject locations and referenced that this method<br />

has recently been approved by FERC during their Study Plan Determination of the Merced Irrigation <strong>District</strong> FERC<br />

Relicensing Project (FERC No. 2179). According to this method, a mail-back survey would be placed on the windshields<br />

of vacant vehicles parked at publicly accessible access points along the <strong>Loup</strong> River Bypass Reach. The <strong>District</strong> proposes<br />

to perform this activity on four weekend days between May 1 and July 4. If considerable use is noted during the four<br />

proposed surveys, the <strong>District</strong> would then entertain extending the survey.<br />

The survey forms would be tailored to include activities associated with the Bypass Reach, and the survey would take<br />

place on different days than the recreation survey to occur within the Project Boundary.<br />

FERC stated that the Bypass Reach survey should be comparable to the survey proposed within the Project Boundary.<br />

Similarly, NGPC was concerned with the limited survey scope. HDR stated that based on the lack of use documented<br />

during the NGPC 1996 and 1997 creel surveys performed along the Bypass Reach and the minimal flows known to occur<br />

within the Bypass Reach during the irrigation season, a limited survey was adequate for the Bypass Reach.<br />

FERC and NGPC also expressed some concern that by limiting the survey to users or vehicles located at publicly<br />

accessible access points, the survey may not accurately depict use along the Bypass Reach. To address this concern,<br />

FERC and NGPC suggested that an airboat could be used to expand the survey capabilities. FERC then went on to<br />

request study plans (including cost estimates) for both an access survey and a survey that includes the use of air boats.<br />

In calculating costs, NGPC suggests that a minimum of six survey days be proposed per month. In response to this<br />

request, HDR stressed that the proposed access method is consistent with that used on the Bypass Reach by NGPC in<br />

1996 and 1997, that the windshield method is consistent with methods recently approved on other FERC projects, and<br />

that on page 26 of FERC’s Project-specific Study Plan Determination, FERC specifically states that a survey will occur at<br />

the access points along the Bypass Reach that receive the highest recreational use. The <strong>District</strong> went on to state that<br />

they neither own, nor have access to, an airboat.<br />

<strong>Loup</strong> <strong>Power</strong> <strong>District</strong><br />

Columbus, NE<br />

P.O. Box 988<br />

2404 15 th Street<br />

Columbus, NE 68602-0988<br />

Phone (866) 869-2087<br />

Fax (402) 564-0970<br />

www.loup.com<br />

Page 2 of 2


LPD Hydropower Relicensing<br />

FERC Project No. 1256<br />

Study 8.0: Recreation Use – January 14, 2010<br />

It was ultimately determined that the <strong>District</strong> will provide a more-detailed plan on the proposed survey methods along the<br />

Bypass Reach.<br />

6. Recreation Use Survey Schedule<br />

As noted in more detail below, the survey schedule was developed by NGPC in association with Study 9.0 of the<br />

Proposed Study Plan and would be applied to the combined study detailed in the Revised Study Plan; however, October<br />

is not included in this schedule. The group agreed that this schedule was sufficient with the caveat that a schedule for<br />

survey activities during October would need to be determined.<br />

7. Other (Non-Agenda Discussion)<br />

Considerable discussion occurred regarding the methods and processes detailed in Study 8.0 of the Revised Study Plan<br />

and regarding the combining of the Recreation User Survey and the Creel Survey into one comprehensive study.<br />

FERC inquired on the interview selection protocol that would be applied when more recreational users are present<br />

then can be interviewed. HDR stated their awareness of FERC’s provided example of every seventh user<br />

interviewed and noted this was acceptable to the <strong>District</strong> and would be applied.<br />

Anglers would get a dual survey (recreation and creel).<br />

Jeff Schuckman expressed concern with the proposed method and the lack of an instantaneous count (for use in<br />

creel analysis). HDR expressed that this method was discussed and agreed upon in previous agency meetings<br />

attended by NGPC fisheries staff and that the exclusion of an instantaneous count is specifically noted in the Revised<br />

Study Plan. Rick Holland explained that there are two ways to perform a creel survey, one of which includes a bus<br />

route survey, which is consistent with the methods proposed by the <strong>District</strong> and does not require an instantaneous<br />

count. In accordance with this method, the study area would be divided into segments which would each be allocated<br />

a designated survey time, based on understood use/pressure. The four segments labeled in Figure 9-1, Study 9.0<br />

Creel Survey of the <strong>District</strong>’s Proposed Study Plan were agreed upon as applicable to this type of combined bus<br />

route survey. Survey proctors would move through a segment in a linear fashion and would count and interview<br />

users as they are encountered. It was noted that effort should be made to randomize the time when survey<br />

segments are visited such that the same locations are not continuously visited during the same time of day. NGPC<br />

noted that they were aware of software that could accommodate a bus route survey; otherwise, NGPC software may<br />

still apply if each position was entered as a different site (survey).<br />

FERC asked why April was not included in the survey schedule and the <strong>District</strong> explained that the area is not officially<br />

open until mid-to-late April. NGPC also noted that angling pressure generally does not ramp up until May.<br />

The survey schedule developed by NGPC in association with Study 9.0 of the Proposed Study Plan would be applied<br />

to the combined study detailed in the Revised Study Plan; however, October is not included in this schedule. The<br />

October survey schedule would need to be determined.<br />

NGPC noted that during poor weather conditions, it is appropriate to enter zeros and not perform surveys, as it is<br />

assumed that users would/could not access the area for recreation. NGPC stated that if access is feasible, even in<br />

limited areas, surveys should occur – if in doubt…survey. The data should not be biased for only good weather days.<br />

Ultimately, it was decided that representatives from the <strong>District</strong>, HDR, and NGPC will get together for a face-to-face<br />

meeting to fine tune the details of the Recreation Use data collection activities. This meeting must occur prior to May<br />

1, and based on participant schedules, is targeted for early March.<br />

Meeting Adjourned at 4:30 PM.<br />

<strong>Loup</strong> <strong>Power</strong> <strong>District</strong><br />

Columbus, NE<br />

P.O. Box 988<br />

2404 15 th Street<br />

Columbus, NE 68602-0988<br />

Phone (866) 869-2087<br />

Fax (402) 564-0970<br />

www.loup.com<br />

Page 3 of 3


LPD Hydropower Relicensing<br />

FERC Project No. 1256<br />

Study 8.0: Recreation Use – January 14, 2010<br />

Action Items:<br />

Who<br />

HDR<br />

FERC<br />

HDR<br />

<strong>Loup</strong> <strong>Power</strong> <strong>District</strong><br />

Columbus, NE<br />

Task<br />

Contact TRAFx to verify the ability of the equipment to<br />

detect cyclists and consult with FERC and NPS.<br />

Forward the required equipment list for TrailMaster counter<br />

to HDR.<br />

Schedule face-to-face meeting between the <strong>District</strong>, HDR,<br />

and NGPC to fine-tune Recreation Use survey methods<br />

(FERC and NPS will also be invited and may choose to<br />

participate via conference call).<br />

P.O. Box 988<br />

2404 15 th Street<br />

Columbus, NE 68602-0988<br />

Date<br />

Assigned<br />

1/14/10<br />

1/14/10<br />

1/14/10<br />

HDR Forward survey forms to FERC and NPS for review. 1/14/10<br />

HDR/LPD<br />

Prepare more detailed study plan for methods proposed along<br />

the <strong>Loup</strong> River Bypass Reach and within the <strong>Loup</strong> Lands<br />

WMA and provide to present agencies for review.<br />

1/14/10<br />

Phone (866) 869-2087<br />

Fax (402) 564-0970<br />

www.loup.com<br />

Page 4 of 4


From: Damgaard, Quinn V.<br />

Sent: Tuesday, January 19, 2010 9:22 AM<br />

To: 'randy_thoreson@nps.gov'; Mark Ivy; 'Schuckman, Jeff';<br />

'richard.holland@nebraska.gov'; 'dave.tunink@nebraska.gov'; Ron Ziola; Jim<br />

Frear<br />

Cc: Fitzsimmons, Ellen; Richardson, Lisa (Omaha); Thompson, Wendy<br />

Subject: LPD Recreation Call Notes Jan 14 2010<br />

Attachments: LPD_Recreation_Call_Notes_100114.pdf<br />

All:<br />

Notes from our January 14, 2010 <strong>Loup</strong> <strong>Power</strong> <strong>District</strong> recreation conference call are respectfully<br />

provided for your reference. Please notify me of any concerns that you may have with the notes by<br />

close of business on January 26.<br />

Thanks and Regards,<br />

Quinn Damgaard<br />

Environmental Scientist<br />

HDR Engineering, Inc.<br />

8404 Indian Hills Drive<br />

Omaha, NE 68114"4049<br />

Phone: 402.399.1041<br />

Fax: 402.399.1111


Selzle, Lydia<br />

From: Mark Ivy [Mark.Ivy@ferc.gov]<br />

Sent: Tuesday, January 19, 2010 11:47 AM<br />

To: Damgaard, Quinn V.; randy_thoreson@nps.gov; Schuckman, Jeff;<br />

richard.holland@nebraska.gov; dave.tunink@nebraska.gov; Ron Ziola; Jim Frear<br />

Cc: Fitzsimmons, Ellen; Richardson, Lisa (Omaha); Thompson, Wendy<br />

Subject: RE: LPD Recreation Call Notes Jan 14 2010<br />

Quinn,<br />

Per our telephone conservation, I am sending you a list of equipment needs should you decide to use the Trailmaster<br />

technology for trail counts. At a minimum you will need three TM1550 active infrared trail monitors (one per trail). While<br />

you can download data manually in the field, I have found that it is more reliable to use a data logger. This equipment<br />

also eliminates the need for data entry into a stat package or excel. I have also used their Stat Package and have found it<br />

useful in the generation of reports, but you can create tables and spreadsheets in SPSS or Excel using the raw data. You<br />

will have to determine whether or not the software is cheaper than staff time.<br />

I want to reiterate that I am not advocating that you purchase this technology, but I wanted to make you aware of other<br />

options. Regardless of the technology you intend to use, it is critical to field test it before the data collection period begins<br />

so that it can be properly calibrated.<br />

Let me know if you have any other questions,<br />

Mark<br />

Mark Ivy, PhD<br />

Outdoor Recreation Planner<br />

Division of Hydropower Licensing<br />

Federal Energy Regulatory Commission<br />

888 First Street NE<br />

Washington, DC 20426<br />

202.502.6156<br />

202.219.2152 (fax)<br />

From: Damgaard, Quinn V. [mailto:Quinn.Damgaard@hdrinc.com]<br />

Sent: Tuesday, January 19, 2010 10:22 AM<br />

To: 'randy_thoreson@nps.gov'; Mark Ivy; 'Schuckman, Jeff'; 'richard.holland@nebraska.gov';<br />

'dave.tunink@nebraska.gov'; Ron Ziola; Jim Frear<br />

Cc: Fitzsimmons, Ellen; Richardson, Lisa (Omaha); Thompson, Wendy<br />

Subject: LPD Recreation Call Notes Jan 14 2010<br />

All:<br />

Notes from our January 14, 2010 <strong>Loup</strong> <strong>Power</strong> <strong>District</strong> recreation conference call are respectfully provided for your<br />

reference. Please notify me of any concerns that you may have with the notes by close of business on January 26.<br />

Thanks and Regards,<br />

Quinn Damgaard<br />

Environmental Scientist<br />

HDR Engineering, Inc.<br />

8404 Indian Hills Drive<br />

Omaha, NE 68114"4049<br />

Phone: 402.399.1041<br />

Fax: 402.399.1111<br />

1


Selzle, Lydia<br />

From: Robert_Harms@fws.gov<br />

Sent: Friday, January 22, 2010 2:55 PM<br />

To: Pillard, Matt<br />

Cc: Jeff_Runge@fws.gov; joel.jorgensen@nebraska.gov; Michelle.Koch@nebraska.gov;<br />

frank.albrecht@nebraska.gov; richard.holland@nebraska.gov; dave.tunink@nebraska.gov<br />

Subject: Study Plan Input <strong>Loup</strong> <strong>Power</strong> <strong>District</strong><br />

Importance: High<br />

Matt:<br />

Please make reference to our January 5, 2010, meeting in Lincoln about details on the study plan. At that<br />

meeting, there were several items that needed further consideration and response from NGPC and FWS. We<br />

completed our discussions and offer the following input below as a means of assisting HDR with study design.<br />

Bold items are our responses to questions posed at the January 5 meeting by HDR.<br />

a) Hydrocycling: HDR is developing a 10dimensional HEC0RAS steady0state model to study the effects of<br />

hydrocycling on the least tern and piping plover nesting habitat.<br />

HDR inquired as to what kinds of information does FWS and NGPC want to obtain from this model?<br />

We need to understand the relationship among various daily flow discharge alternatives under non<br />

hydropeaking and hydropeaking regimes and how each alternative affects the probability of sandbar<br />

erosion and nest/chick inundation among a range of discharges.<br />

b) Flow Depletion and Diversion: HDR is developing a 10dimensional HEC0RAS steady0state model to study<br />

the effects of hydrocycling on the least tern and piping plover nesting habitat and whooping crane roosting<br />

habitat on the <strong>Loup</strong> River bypass reach.<br />

HDR inquired as to what kinds of information does FWS and NGPC want to obtain from this model?<br />

Terns and plovers: We need to understand the relationship among various discharge alternatives and the<br />

number, size, bar height, bar position (mid channel or point) and channel depths which isolate such bars.<br />

Whoopers: We need to understand the relationship among various discharge alternatives and<br />

unobstructed channel width, total wetted width, distance to visual obstructions, and cumulative depth.<br />

c) We discussed the location for survey work at several locations along the Platte and <strong>Loup</strong> rivers to identify a<br />

representative location for such surveys. We need to discuss and make a recommendation on locations to HDR.<br />

These segments include:<br />

1) Tailrace downstream for a distance of 5 miles.<br />

We are OK with 1 D survey work in this segment at the large bar downstream of Bellwood. However,<br />

geomorphology cross section for the sediment transport study should not occur here but at the segment of<br />

river between the tailrace and the railroad bridge. The geomorphology cross section can also serve as the<br />

input cross section for 1 D modeling.<br />

2) <strong>Loup</strong> <strong>Power</strong> <strong>District</strong> Diversion downstream to the <strong>Loup</strong> and Platte rivers confluence.<br />

1


We are OK with going with HDRs recommendation on this.<br />

ADDITIONAL ITEMS<br />

a) HDR will need to coordinate with the NGPC And FWS to avoid any potential take of least terns and<br />

piping plovers that could occur during the course of survey activities.<br />

b) We request that HDR provide the NGPC and FWS a copy of a detailed study plan for review and<br />

comment.<br />

c) For the aerial photography work in the flow bypass section, LPD/HDR should compare Geomorphic<br />

Measurements as described by Elliott and Jacobsen (2006). We recommend channel attributes from the<br />

geomorphic measurement section (page 16) include valley width, channel width, sinuosity, bare sand<br />

bars, and vegetated bars. Study sites should be located in areas that are not affected by bank<br />

stabilization. Channel attributes should be compared to: a) mean flow at the photography date, and b)<br />

antecedent peak flow occurring within the calendar year. Photography should try to capture variability<br />

in a) and b).<br />

Thank you for the opportunity to provide input. If you have any questions, please contact me by E0mail or<br />

telephone if you have any questions.<br />

Bob<br />

Robert R. Harms<br />

Fish and Wildlife Biologist<br />

U.S. Fish and Wildlife Service<br />

203 West Second Street<br />

Grand Island, Nebraska 68801<br />

Phone: 308038206468, Extension 17<br />

Fax: 308038408835<br />

robert_harms@fws.gov<br />

2


Project: <strong>Loup</strong> River Hydroelectric Project<br />

FERC Project No. 1256<br />

Subject: Study 8.0: Recreation Use<br />

Meeting Date: February 11, 2010<br />

9:30 AM – 12:30 PM<br />

Notes by: HDR<br />

Attendees:<br />

Quinn Damgaard – HDR Engineering<br />

Jim Frear – <strong>Loup</strong> <strong>Power</strong> <strong>District</strong><br />

Mike Gutzmer – New Century Environmental<br />

Rick Holland – Nebraska Game and Parks Commission<br />

Keith Hurley – Nebraska Game and Parks Commission<br />

Kevin Pope – Nebraska Cooperative Fish and Wildlife Research Unit<br />

Jeff Schuckman – Nebraska Game and Parks Commission<br />

Dave Tunink – Nebraska Game and Parks Commission<br />

Ron Ziola – <strong>Loup</strong> <strong>Power</strong> <strong>District</strong><br />

Meeting Notes<br />

Meeting Location: <strong>Loup</strong> <strong>Power</strong> <strong>District</strong> Office –<br />

Columbus, NE<br />

Meeting Overview:<br />

Per the request of NGPC during a similar meeting held January 14, 2009, a supplemental meeting was held between the<br />

<strong>Loup</strong> <strong>Power</strong> <strong>District</strong> (the <strong>District</strong>), HDR Engineering (HDR), the Nebraska Game and Parks Commission (NGPC), the<br />

Nebraska Cooperative Fish and Wildlife Research Unit, and New Century Environmental (NCE) to finalize methods for<br />

data collection activities associate with Study 8.0: Recreation Use.<br />

Meeting Agenda:<br />

1. Finalize Methods for the Rec/Creel Survey along the <strong>Loup</strong> <strong>Power</strong> Canal<br />

2. Establish Methods for the Rec Survey along the <strong>Loup</strong> River Bypass Reach<br />

Discussion:<br />

The meeting began with introductions and project background. Following extensive discussion on data collection<br />

methods and how the discussed methods would affect data analysis, the following outcomes and final methods were<br />

determined.<br />

1. <strong>Loup</strong> River <strong>Power</strong> Canal Recreation Survey Methods<br />

A Progressive Count Bus-Route Creel/Rec Survey will be performed along the Canal in accordance with the following<br />

details:<br />

• Survey will follow the randomized schedule produced by NGPC during the meeting (attached)<br />

o May 1 through October 31 – 6 weekdays and 4 weekend days per month<br />

o Creel survey must follow the developed schedule and will not be performed on July 4 or Labor Day<br />

(September 6) – A recreation only survey will be performed on these days in accordance with the<br />

FERC’s Study Plan Determination<br />

o Survey will begin at the exact start time for the specified period during the appropriate month.<br />

<strong>Loup</strong> <strong>Power</strong> <strong>District</strong><br />

Columbus, NE<br />

P.O. Box 988<br />

2404 15 th Street<br />

Columbus, NE 68602-0988<br />

Phone (866) 869-2087<br />

Fax (402) 564-0970<br />

www.loup.com<br />

Page 1 of 1


LPD Hydropower Relicensing<br />

FERC Project No. 1256<br />

Study 8.0: Recreation Use – February 11, 2010<br />

<strong>Loup</strong> <strong>Power</strong> <strong>District</strong><br />

Columbus, NE<br />

o Survey will use one team of two proctors on weekdays and two teams of two proctors on weekends and<br />

holidays.<br />

• Survey will start from either the Headworks or the Tailrace (as specified in the NGPC-prepared schedule) and<br />

not in the middle of the Canal.<br />

o Facilitates logistics difficulties associated with starting in the middle of the canal and then back tracking.<br />

o Adequate randomization will be achieved by altering between two periods and two start points.<br />

• Canal will be divided into four segments (consistent with those shown in Study 9.0 Creel Survey as presented in<br />

the <strong>District</strong>’s Proposed Study Plan). This division is for analysis purposes only and will be recorded on both<br />

creel count sheets (one count sheet will be completed for each survey day and the four rows will be used to<br />

differentiate counts between the four segments) and interview forms.<br />

o Headworks to Monroe <strong>Power</strong>house<br />

o Monroe <strong>Power</strong>house to 48 th Avenue<br />

o 48 th Avenue to Columbus <strong>Power</strong>house<br />

o Columbus <strong>Power</strong>house to Tailrace Park<br />

o Proctors will record lat/long coordinate of counts/interviews on appropriate forms.<br />

• Survey will be limited to portions of the Canal that are accessible by vehicle.<br />

o Users do not stray far from their vehicles – use in areas where vehicular access is restricted is<br />

considered negligible.<br />

• Proctors will have the entire survey period (6.5 – 7.5 hours) to cover the entire Canal<br />

o Proctors are to use their best judgment while progressing along the Canal to assure that the entire<br />

Canal is surveyed within the specified period. Noted that the most pressure will occur at the<br />

Headworks, Tailrace, Siphons, <strong>Power</strong>houses, and Lake North.<br />

o Counts and interviews can not occur outside of the designated Period.<br />

o No specific time restrictions will be applied to the four segments listed above.<br />

o If proctors complete the survey of the entire Canal ahead of the Period End Time, proctors can then go<br />

back and pick up additional interviews; however, no additional counts would be performed.<br />

o No user will be counted or interviewed more than once in a given period<br />

• All non-English speaking users will be counted<br />

o Attempts will be made to interview. Potential that the children of the group might speak English<br />

sufficient to complete an interview.<br />

o No incomplete interview forms will be submitted.<br />

o No special accommodations (bi-lingual proctor or survey forms written in Spanish) are required.<br />

• As-designed, the survey can be entered into existing NGPC software<br />

o LPD/HDR/NCE will perform all data collection and data entry (data entry will be performed as it is<br />

collected and hard copy forms will be filed and maintained).<br />

o NGPC will run output analysis<br />

P.O. Box 988<br />

2404 15 th Street<br />

Columbus, NE 68602-0988<br />

Phone (866) 869-2087<br />

Fax (402) 564-0970<br />

www.loup.com<br />

Page 2 of 2


LPD Hydropower Relicensing<br />

FERC Project No. 1256<br />

Study 8.0: Recreation Use – February 11, 2010<br />

2. <strong>Loup</strong> River Bypass Reach Recreation Survey Methods<br />

Attendees discussed the scope of the survey that would be adequate to address the intent of collecting recreational use<br />

data along the Bypass Reach. It was generally agreed upon that a survey, much abbreviated to that which will be<br />

performed on the canal, is adequate, and that data should be collected and analyzed during two periods: 1) pre-irrigation<br />

diversion: May 1 – July 15, and 2) post-irrigation diversion: July 15 – September 30. Methods by which the data will be<br />

collected were also discussed. The following provides greater detail on this discussion:<br />

• The survey will be performed on 10 days (6 weekdays and 4 weekend days) during each of the two periods<br />

specified above.<br />

• The survey could be performed at publicly-accessible locations along the Bypass Reach or via use of an airboat.<br />

o The <strong>District</strong> made no commitment to which method it would employ<br />

o If the access-point method is used, mail-back surveys would be left on vacant vehicles to supplement<br />

data collected from interviewed users.<br />

Meeting Adjourned at 12:30 PM.<br />

Action Items:<br />

<strong>Loup</strong> <strong>Power</strong> <strong>District</strong><br />

Columbus, NE<br />

Who<br />

Task<br />

P.O. Box 988<br />

2404 15 th Street<br />

Columbus, NE 68602-0988<br />

Phone (866) 869-2087<br />

Fax (402) 564-0970<br />

www.loup.com<br />

Date<br />

Assigned<br />

NGPC Provide the applicable NGPC software for data entry 2/15/10<br />

LPD/HDR/NCE<br />

Coordinate with NGPC to determine randomized schedule for bypass<br />

reach survey days.<br />

2/15/10<br />

LPD/HDR/NCE Finalize Bypass Reach Study Plan and provide to agencies for review. 2/15/10<br />

Page 3 of 3


<strong>Loup</strong> <strong>Power</strong> <strong>District</strong> 2010 Recreation and Creel Survey Schedule<br />

Month Date Day Period Start Location Notes<br />

4 Tuesday 0630‐1330 Headworks<br />

5 Wednesday 0630‐1330 Headworks<br />

7 Friday 1330‐2030 Headworks<br />

9 Sunday 1330‐2030 Tailrace<br />

May<br />

15<br />

19<br />

Saturday<br />

Wednesday<br />

1330‐2030<br />

1330‐2030<br />

Tailrace<br />

Tailrace<br />

23 Sunday 0630‐1330 Headworks<br />

27 Thursday 0630‐1330 Headworks<br />

29 Saturday 0630‐1330 Tailrace<br />

31 Monday 1330‐2030 Tailrace Holiday ‐ Both Creel and Rec Survey<br />

June<br />

July<br />

August<br />

2 Wednesday 0600‐1330 Headworks<br />

3 Thursday 1330‐2100 Tailrace<br />

5 Saturday 1330‐2100 Tailrace<br />

8 Tuesday 1330‐2100 Headworks<br />

12 Saturday 0600‐1330 Tailrace<br />

15 Tuesday 0600‐1330 Headworks<br />

19 Saturday 1330‐2100 Tailrace<br />

21 Monday 1330‐2100 Tailrace<br />

23 Wednesday 0600‐1330 Headworks<br />

27 Sunday 0600‐1330 Headworks<br />

1 Thursday 1330‐2100 Tailrace<br />

2 Friday 0600‐1330 Tailrace<br />

4 Sunday 0600‐1330 Headworks Holiday ‐ Rec Survey Only ‐ No Creel<br />

5 Monday 1330‐2100 Headworks<br />

7 Wednesday 0600‐1330 Tailrace<br />

10 Saturday 0600‐1330 Tailrace<br />

16 Friday 1330‐2100 Headworks<br />

20 Tuesday 0600‐1330 Headworks<br />

25 Sunday 1330‐2100 Headworks<br />

28 Wednesday 0600‐1330 Headworks<br />

31 Saturday 1330‐2100 Tailrace<br />

3 Tuesday 0630‐1330 Tailrace<br />

11 Wednesday 0630‐1330 Headworks<br />

14 Saturday 1330‐2030 Tailrace<br />

15 Sunday 1330‐2030 Tailrace<br />

18 Wednesday 1330‐2030 Headworks<br />

22 Sunday 0630‐1330 Headworks<br />

23 Monday 1330‐2030 Headworks<br />

28 Saturday 1330‐2030 Headworks<br />

30 Monday 0630‐1330 Tailrace<br />

31 Tuesday 0630‐1330 Tailrace


<strong>Loup</strong> <strong>Power</strong> <strong>District</strong> 2010 Recreation and Creel Survey Schedule<br />

Month Date Day Period Start Location Notes<br />

1 Wednesday 1330‐2000 Headworks<br />

3 Friday 0700‐1330 Headworks<br />

4 Saturday 0700‐1330 Tailrace<br />

6 Monday 1330‐2000 Headworks Holiday ‐ Rec Survey Only ‐ No Creel<br />

8 Wednesday 0700‐1330 Tailrace<br />

September 10 Friday 1330‐2000 Tailrace<br />

11 Saturday 0700‐1330 Headworks<br />

13 Monday 0700‐1330 Headworks<br />

19 Sunday 1330‐2000 Headworks<br />

25 Saturday 1330‐2000 Tailrace<br />

30 Thursday 1330‐2000 Tailrace<br />

October<br />

2 Saturday 0800‐1330 Headworks<br />

5 Tuesday 1330‐1900 Tailrace<br />

9 Saturday 0800‐1330 Headworks<br />

15 Friday 1330‐1900 Headworks<br />

18 Monday 1330‐1900 Tailrace<br />

20 Wednesday 0800‐1330 Headworks<br />

23 Saturday 1330‐1900 Tailrace<br />

26 Tuesday 0800‐1330 Tailrace<br />

28 Thursday 1330‐1900 Tailrace<br />

30 Saturday 0800‐1330 Headworks


Selzle, Lydia<br />

From: Pillard, Matt<br />

Sent: Thursday, February 25, 2010 7:49 AM<br />

To: abaum@upperloupnrd.org; adubas@leg.ne.gov; al.berndt@nebraska.gov;<br />

asheridan@omahatribe.com; astuthman@leg.ne.gov; barbara.j.friskopp@usace.army.mil;<br />

bob.puschendorf@nebraska.gov; bobbie.wickham@nebraska.gov; butchk@nctc.net;<br />

calms@neb.rr.com; cgenoa@cablene.com; chairmanrhodd@ponca.com;<br />

cityadmin@cablene.com; clangemeier@leg.ne.gov; CoraJones@bia.gov;<br />

cothern.joe@epa.gov; danno@nohva.com; david.jundt@dhhs.ne.gov; david.turner@ferc.gov;<br />

deb.vanmatre@mail.house.gov; djjarecke@clarkswb.net; don_simpson@blm.gov;<br />

emily_brummund@johanns.senate.gov; frank.albrecht@nebraska.gov;<br />

frank.winchell@ferc.gov; jalexand@usgs.gov; jblackhawk@aol.com;<br />

jean.angell@nebraska.gov; jeddins@achp.gov; jeff_runge@fws.gov;<br />

jill.dolberg@nebraska.gov; jjshadl@nppd.com; jmangi@columbusne.us; jmiyoshi@lpnnrd.org;<br />

jmsunne@nppd.com; john.bender@nebraska.gov; julias@poncatribe.ne.org;<br />

justin.lavene@nebraska.gov; jwinkler@papionrd.org; kenneth.sessa@dhs.gov;<br />

kennyj@headwaterscorp.com; Kim.Nguyen@ferc.gov; ksullivan@leg.ne.gov;<br />

lewrightjr@gmail.com; Louis_pofahl@mail.house.gov; lpsnrd@lpsnrd.org; mark.ivy@ferc.gov;<br />

marvp@megavision.com; mbrown9@unl.edu; mferguson@gp.usbr.gov; mkuzila1@unl.edu;<br />

monroe@megavision.com; msittler@lpsnrd.org; ncpza@hamilton.net;<br />

nicholas.jayjack@ferc.gov; patricia.leppert@ferc.gov; pcclerk@megavision.com;<br />

peggy.harding@ferc.gov; prescott.brownell@noaa.gov; randy_thoreson@nps.gov;<br />

rbishop@cpnrd.org; Robert_F_Stewart@ios.doi.gov; robert_harms@fws.gov;<br />

robertm@llnrd.org; rtrudell@santeedakota.org; steve.chick@ne.usda.gov;<br />

thowe@ponca.com; todd.crawford@mail.house.gov; tpetr@loup.com;<br />

vwills@pawneenation.org; Willie_Taylor@ios.doi.gov; zach_nelson@bennelson.senate.gov<br />

Cc: Angel Robak; Jim Frear; Neil Suess; Ron Ziola; Damgaard, Quinn V.; Engelbert, Pat; Frame,<br />

Gail; Grennan, Dennis E.; Hunt, George; Madson, Michael J.; Pillard, Matt; Richardson, Lisa<br />

(Omaha); Sigler, Bill; Thompson, Wendy; Waldow, George; White, Stephanie<br />

Subject: <strong>Loup</strong> <strong>Power</strong> <strong>District</strong> . FERC Relicensing: Study Progress Report Available<br />

For your information, <strong>Loup</strong> <strong>Power</strong> <strong>District</strong> has submitted the second quarterly study progress report to FERC and it has<br />

been posted to the project website:<br />

http://www.loup.com/relicense/html/documents.html<br />

Thank you.<br />

Matt Pillard, AICP<br />

Senior Environmental Planner<br />

HDR | ONE COMPANY | Many Solutions Sol<br />

8404 Indian Hills Drive | Omaha, NE | 68114.4098<br />

Phone: 402.399.1186 | Cell: 402.689.5187| Fax: 402.399.1111<br />

Email: Matt.Pillard@hdrinc.com<br />

1


From: user-submission@response-o-matic.com<br />

To: Thompson, Wendy<br />

Cc: arobak@loup.com; Brimmer, Michelle; Frame, Gail<br />

Subject: <strong>Loup</strong> Comments/Mailing List (fb2)<br />

Date: Thursday, February 25, 2010 8:33:31 AM<br />

Salutation: Mr.<br />

Last Name: Mohler<br />

First Name: Robert<br />

Affilitation: Lower <strong>Loup</strong> Natural Resources <strong>District</strong><br />

Phone: 308-728-3221<br />

Complete Email Address: robertm@llnrd.org<br />

Address 1: 2620 Airport Drive<br />

Address 2: P.O. Box 210<br />

City: Ord<br />

State: NE<br />

Zip Code: 68862<br />

Comments: In reviewing the Progress Report #2, I still notice that the Lower <strong>Loup</strong> as well as all the<br />

other NRDs listed are spelled incorrectly. Please note that we manage more than one resource,<br />

therefore the legislature has entitled us Natural Resources Disticts.<br />

--<br />

Date/Time: 2010-02-25 06:33:25 PST<br />

Sender IP: 71.8.247.186 [United States] | vskj4j0ojxbf4gl0<br />

Referrer: http://www.loup.com/relicense/html/commentform.html


From: Thompson, Wendy<br />

To: "robertm@llnrd.org"<br />

Subject: <strong>Loup</strong> Comment<br />

Date: Thursday, February 25, 2010 1:29:25 PM<br />

We apologize for omitting the s in Natural Resources <strong>District</strong>. We are correcting our lists.<br />

Wendy Thompson<br />

Administrative Assistant<br />

HDR ONE COMPANY | Many Solutions<br />

8404 Indian Hills Drive | Omaha, NE | 68114-4098 Phone:402.399.1341| Fax: 402.399.1111<br />

Email:wendy.thompson@hdrinc.com


Selzle, Lydia<br />

From: Richardson, Lisa (Omaha)<br />

Sent: Saturday, March 13, 2010 1:16 PM<br />

To: Frame, Gail; Damgaard, Quinn V.; Fitzsimmons, Ellen; Thompson, Wendy<br />

Subject: FW: Angling Access<br />

Follow Up Flag: Follow up<br />

Flag Status: Flagged<br />

Gail – please add to the DB<br />

Wendy – please file on PW<br />

Quinn & Ellen – FYI for the recreation study.<br />

From: Neal Suess [mailto:nsuess@loup.com]<br />

Sent: Saturday, March 13, 2010 9:55 AM<br />

To: m kush<br />

Subject: RE: Angling Access<br />

Mitch:<br />

As you may know, <strong>Loup</strong> <strong>Power</strong> <strong>District</strong> is currently in the process of relicensing its entire hydroelectric project,<br />

including both powerhouses and the canal. As part of that process, the <strong>District</strong> is studying recreation use along<br />

the canal and the extent that use is meeting the demand of the area. The study will be conducted during 2010 and<br />

we will then be sitting down with the Federal Energy Regulatory Commission, the governing agency who oversees<br />

the powerhouses and canal, the Nebraska Game and Park Commission, the United States Fish and Wildlife Service<br />

and the National Park Service to determine what further steps may need to be taken as a result of the studies<br />

conducted. You can keep abreast of the updates by reviewing our relicensing website at<br />

http://www.loup.com/relicense/index.html. This website is update frequently with information about the process.<br />

You can also submit comments and contact us via this website. We will take your thoughts into account as we<br />

perform our studies and move forward with our relicensing efforts.<br />

Thank you for your concerns.<br />

Neal Suess, P.E.<br />

<strong>Loup</strong> <strong>Power</strong> <strong>District</strong><br />

P.O. Box 988 (2404 15th Street)<br />

Columbus, NE 68602;0988<br />

Phone: 402;564;3171<br />

Fax: 402;564;0970<br />

Cell: 402;910;8979<br />

E;Mail: nsuess@loup.com<br />

From: m kush [mailto:mkush@neb.rr.com]<br />

Sent: Wednesday, March 10, 2010 10:07 PM<br />

To: Neal Suess<br />

Subject: Angling Access<br />

1


Neal,<br />

I would like to know if you would ever entertain the idea of enhancing angler access and habitat at Lake North,<br />

Babcock Lake, and/or portions of the canal? <strong>Part</strong> of this could include rock jetties, fishing piers, underwater<br />

habitat such as sunken trees, and possibly some dredging along the camping areas at Babcock Lake, etc...<br />

If so, I would like to contact the Nebraska Game and Parks Commission (NGPC) to discuss possible funding<br />

options that could be presented to you for further consideration.<br />

Aside from my own selfish angling motives, I believe it would be a well used resource, especially during trying<br />

economic times such as we are experiencing now. I also believe that a wide variety of amenities only<br />

enhances a community’s image and comfort. <strong>Loup</strong> <strong>Power</strong> <strong>District</strong> has been very generous with their<br />

recreational areas, and I would like to help improve upon what is already available.<br />

Best Regards,<br />

Mitch Kush<br />

2


From: user-submission@response-o-matic.com<br />

To: Thompson, Wendy<br />

Cc: arobak@loup.com; Brimmer, Michelle; Frame, Gail<br />

Subject: <strong>Loup</strong> Comments/Mailing List (aff)<br />

Date: Monday, March 15, 2010 10:51:30 PM<br />

Salutation: Mr.<br />

Last Name: Kush<br />

First Name: Mitch<br />

Affilitation: customer<br />

Phone: 402-564-5310<br />

Complete Email Address: mkush@neb.rr.com<br />

Address 1: 2058 40th Ave<br />

Address 2:<br />

City: Columbus<br />

State: NE<br />

Zip Code: 68601<br />

Put me on the mailing list? Yes<br />

Comments: I would like to know if the time has passed to get involved with public input regarding<br />

recreational activities(specifically fishing and OHV)?<br />

Thank You,<br />

Mitch Kush<br />

--<br />

Date/Time: 2010-03-15 20:51:25 PDT<br />

Sender IP: 76.85.147.18 [United States] | vskj4j0ojxbf4gl0<br />

Referrer: http://www.loup.com/relicense/html/commentform.html


From: Richardson, Lisa (Omaha)<br />

To: Frame, Gail; Damgaard, Quinn V.; Fitzsimmons, Ellen; Thompson, Wendy<br />

Subject: FW: Angling Access<br />

Date: Saturday, March 13, 2010 1:16:04 PM<br />

From: Neal Suess [mailto:nsuess@loup.com]<br />

Sent: Saturday, March 13, 2010 9:55 AM<br />

To: m kush<br />

Subject: RE: Angling Access<br />

Mitch:<br />

As you may know, <strong>Loup</strong> <strong>Power</strong> <strong>District</strong> is currently in the process of relicensing its entire<br />

hydroelectric project, including both powerhouses and the canal. As part of that process, the<br />

<strong>District</strong> is studying recreation use along the canal and the extent that use is meeting the demand<br />

of the area. The study will be conducted during 2010 and we will then be sitting down with the<br />

Federal Energy Regulatory Commission, the governing agency who oversees the powerhouses and<br />

canal, the Nebraska Game and Park Commission, the United States Fish and Wildlife Service and<br />

the National Park Service to determine what further steps may need to be taken as a result of<br />

the studies conducted. You can keep abreast of the updates by reviewing our relicensing website<br />

at http://www.loup.com/relicense/index.html. This website is update frequently with information<br />

about the process. You can also submit comments and contact us via this website. We will take<br />

your thoughts into account as we perform our studies and move forward with our relicensing<br />

efforts.<br />

Thank you for your concerns.<br />

Neal Suess, P.E.<br />

<strong>Loup</strong> <strong>Power</strong> <strong>District</strong><br />

P.O. Box 988 (2404 15th Street)<br />

Columbus, NE 68602-0988<br />

Phone: 402-564-3171<br />

Fax: 402-564-0970<br />

Cell: 402-910-8979<br />

E-Mail: nsuess@loup.com<br />

From: m kush<br />

Sent: Wednesday, March 10, 2010 10:07 PM<br />

To: Neal Suess<br />

Subject: Angling Access<br />

Neal,<br />

I would like to know if you would ever entertain the idea of enhancing angler access and<br />

habitat at Lake North, Babcock Lake, and/or portions of the canal? <strong>Part</strong> of this could<br />

include rock jetties, fishing piers, underwater habitat such as sunken trees, and possibly<br />

some dredging along the camping areas at Babcock Lake, etc...<br />

If so, I would like to contact the Nebraska Game and Parks Commission (NGPC) to<br />

discuss possible funding options that could be presented to you for further consideration.<br />

Aside from my own selfish angling motives, I believe it would be a well used resource,


especially during trying economic times such as we are experiencing now. I also believe<br />

that a wide variety of amenities only enhances a community’s image and comfort. <strong>Loup</strong><br />

<strong>Power</strong> <strong>District</strong> has been very generous with their recreational areas, and I would like to<br />

help improve upon what is already available.<br />

Best Regards,<br />

Mitch Kush


Selzle, Lydia<br />

From: Mark Ivy [Mark.Ivy@ferc.gov]<br />

Sent: Monday, April 05, 2010 3:21 PM<br />

To: Richardson, Lisa (Omaha); Kim Nguyen<br />

Cc: Neal Suess; Ziola; frear; Damgaard, Quinn V.<br />

Subject: RE: <strong>Loup</strong> River Hydroelectric Project No. 1256 6 Bypass Reach Survey Notes<br />

Lisa,<br />

Thank you for providing me with the opportunity to review your summary of our recent conference call. Kim is out of the<br />

office for a week and thus will not be able to provide comments until she returns.<br />

I would like to make the following clarifications:<br />

Best,<br />

Mark<br />

1) <strong>Loup</strong> Lands WMA<br />

The species listed for wildlife watching were meant as examples only, not to imply that they are found at<br />

the site. Since the occurrence of watchable wildlife species within the WMA has not documented, it may<br />

be helpful to contact local bird watching or nature study groups.<br />

2) Bypass Reach Survey Methods<br />

At Looking Glass Creek WMA it appears from Google Earth that the access road is adjacent to the <strong>Loup</strong><br />

River. If field work proves this to be accurate, it seems to be a logical place for the public to access the<br />

river.<br />

Another protocol question that was posed was: What would happen if the survey team ran out of time<br />

before sampling all of the access points on a given survey day (Thinking about the days when surveying<br />

does not begin until 3:30 pm)<br />

The question was also raised as to whether the data gathered would be extrapolated to cover the months<br />

not sampled.<br />

Mark Ivy, PhD<br />

Outdoor Recreation Planner<br />

Division of Hydropower Licensing<br />

Federal Energy Regulatory Commission<br />

888 First Street NE<br />

Washington, DC 20426<br />

202.502.6156<br />

202.219.2152 (fax)<br />

From: Richardson, Lisa (Omaha) [mailto:Lisa.Richardson@hdrinc.com]<br />

Sent: Monday, April 05, 2010 3:49 PM<br />

To: Kim Nguyen; Mark Ivy<br />

Cc: Neal Suess; Ziola; frear; Damgaard, Quinn V.<br />

Subject: <strong>Loup</strong> River Hydroelectric Project No. 1256 7 Bypass Reach Survey Notes<br />

Kim and Mark,<br />

Attached are notes from our conference call on April 1, 2010 to discuss the Bypass Reach Survey. Please let me know if<br />

you have any questions or comments.<br />

Lisa<br />

1


Project: <strong>Loup</strong> Public <strong>Power</strong> FERC Relicense<br />

HDR Engineering, Inc.<br />

8404 Indian Hills Drive<br />

Omaha, Nebraska 68114-4098<br />

Telephone Record<br />

Project No: 000000000037139<br />

Date: 04/16/10 Subject: Angler Access<br />

Call to: Mr. Quinn Damgaard - HDR<br />

Call from: Mr. Mitch Kush - Private Citizen<br />

Phone No: 402-399-1041<br />

Discussion, Agreement and/or Action:<br />

Mr. Kush stated his position that additional angler access is needed along project fisheries and inquired on<br />

how the relicensing process might consider this input.<br />

Mr. Kush originally provided a letter to Neal Seuss regarding his position, at which time Neal informed Mr.<br />

Kush of the relicensing process and put him in contact with NGPC and NPS. Mr. Kush then contacted these<br />

agencies who forwarded him to Matt Pillard – HDR. This call represents HDR’s first contact with Mr. Kush.<br />

Mr. Kush had knowledge that a creel survey was proposed but was unaware of the details (HDR stated<br />

survey details) and was concerned that the survey may not result in what he feels to be a dramatic need for<br />

increased bank and boat fishing opportunities. Mr. Kush stated that there are approximately 3,800 licensed<br />

anglers in Nance and Platte counties and that the only two boat ramps in Platte County occur at Lake North<br />

and Lake Babcock. He stated that the heavy boat and water skiing traffic that occurs on Lake North conflicts<br />

with angling, and has an overall concern with the limited shore fishing access. He stated that it is difficult to<br />

access Lake Babcock from the shore or via boat and wonders if there is any possibility of dredging Lake<br />

Babcock or providing fishing jetties in the southwest portion of the lake near the community college.<br />

HDR noted that although no formal public meetings were planned, Mr. Kush was welcome to provide formal<br />

written comment or meet with HDR and/or the <strong>District</strong> on his concerns. HDR also stated that his input would<br />

be considered during the preparation of the Recreation Management Plan and explained how this was a<br />

condition of the pending operating license.<br />

Mr. Kush stated his intention to follow up with written comment and noted his appreciation for the input and<br />

time.<br />

Phone (402) 399-1098<br />

Fax (402) 399-1111<br />

www.hdrinc.com<br />

Page 1 of 1


From: m kush<br />

To: Damgaard, Quinn V.<br />

Cc: Albrecht, Frank; Schuckman, Jeff; mark_weekley@nps.gov; Pillard, Matt; Holland, Richard;<br />

Randy_Thoreson@nps.gov<br />

Subject: <strong>Loup</strong> <strong>Power</strong> <strong>District</strong> Re-Licensing 4-26-10<br />

Date: Monday, April 26, 2010 7:07:58 PM<br />

Attachments: Angler comment summary 4-19-10.doc<br />

Angler comments 4-19-10.doc<br />

Quinn,<br />

Thank you for taking the time to visit with me about the <strong>Loup</strong> Re-licensing<br />

project. Per our discussion, I have documented some of my concerns in the<br />

attached MSWord file. I have also attached a summary page if you prefer.<br />

Also, per our discussion, I have copied all those who were on the original<br />

emails as a courtesy for them to read/delete as they see fit.<br />

Thanks again. I appreciate everyone's time and the warm welcome to provide<br />

comments. Please feel free to contact me at your lesuire at any time<br />

throughout the project. I would be more than happy to help in any way I<br />

can.<br />

Sincerely,<br />

Mitch Kush


From: Damgaard, Quinn V.<br />

To: Thompson, Wendy<br />

Subject: FW: <strong>Loup</strong> <strong>Power</strong> <strong>District</strong> Re-Licensing 4-26-10<br />

Date: Monday, May 03, 2010 12:27:45 PM<br />

-----Original Message-----<br />

From: Damgaard, Quinn V.<br />

Sent: Wednesday, April 28, 2010 11:33 AM<br />

To: 'm kush'<br />

Subject: RE: <strong>Loup</strong> <strong>Power</strong> <strong>District</strong> Re-Licensing 4-26-10<br />

Hi Mitch:<br />

Thanks for the information and your interest in the relicensing process. The documents you provided<br />

have been logged into the project's comment database and will be considered during the production of<br />

the <strong>District</strong>'s Recreation Management Plan. If the <strong>District</strong> decides to present additional/formal<br />

opportunities to present public comments, I'll make sure that you're aware.<br />

Regards,<br />

Quinn Damgaard<br />

Environmental Scientist<br />

HDR Engineering, Inc.<br />

8404 Indian Hills Drive<br />

Omaha, NE 68114-4049<br />

Phone: 402.399.1041<br />

Fax: 402.399.1111<br />

-----Original Message-----<br />

From: m kush<br />

Sent: Monday, April 26, 2010 7:08 PM<br />

To: Damgaard, Quinn V.<br />

Cc: Albrecht, Frank; Schuckman, Jeff; mark_weekley@nps.gov; Pillard, Matt; Holland, Richard;<br />

Randy_Thoreson@nps.gov<br />

Subject: <strong>Loup</strong> <strong>Power</strong> <strong>District</strong> Re-Licensing 4-26-10<br />

Quinn,<br />

Thank you for taking the time to visit with me about the <strong>Loup</strong> Re-licensing project. Per our discussion, I<br />

have documented some of my concerns in the attached MSWord file. I have also attached a summary<br />

page if you prefer.<br />

Also, per our discussion, I have copied all those who were on the original emails as a courtesy for them<br />

to read/delete as they see fit.<br />

Thanks again. I appreciate everyone's time and the warm welcome to provide comments. Please feel<br />

free to contact me at your lesuire at any time throughout the project. I would be more than happy to<br />

help in any way I can.<br />

Sincerely,<br />

Mitch Kush


From: Frame, Gail<br />

To: Richardson, Lisa (Omaha); Damgaard, Quinn V.<br />

Cc: Thompson, Wendy<br />

Subject: FW: <strong>Loup</strong> <strong>Power</strong> <strong>District</strong> Re-Licensing 4-26-10<br />

Date: Wednesday, April 28, 2010 9:03:21 AM<br />

Attachments: Angler comment summary 4-19-10.doc<br />

Angler comments 4-19-10.doc<br />

I spoke before I opened the document. Sorry.<br />

I thought this was a comment from a couple of people rather than a list of generally collected comments.<br />

Lisa - I'm hoping your plan is to incorporate these in analysis outside of the database because they don't actually follow the "this specific<br />

commenter said this comment" format. But you're the boss... :-)<br />

-----Original Message-----<br />

From: Damgaard, Quinn V.<br />

Sent: Wednesday, April 28, 2010 8:52 AM<br />

To: Frame, Gail; Richardson, Lisa (Omaha)<br />

Subject: FW: <strong>Loup</strong> <strong>Power</strong> <strong>District</strong> Re-Licensing 4-26-10<br />

Gail / Lisa:<br />

Please see below and attached citizen comments concerning angling/recreation at <strong>Loup</strong>.<br />

I've preliminarily filed at below, but am not certain on all the protocols. Unless there is another protocol, I'll send a reply to Mitch thanking him<br />

for his interest and participation. Please let me know.<br />

pw:\\PWAPPOMA001:NorthCentral_Omaha\Documents\<strong>Loup</strong>_<strong>Power</strong>_<strong>District</strong>\LPD_FERC_Relicensing\04.00_Correspondence\04.03_Public\Comments<br />

and Responses\LPD143_100426_Kush<br />

Thanks,<br />

Quinn<br />

-----Original Message-----<br />

From: m kush<br />

Sent: Monday, April 26, 2010 7:08 PM<br />

To: Damgaard, Quinn V.<br />

Cc: Albrecht, Frank; Schuckman, Jeff; mark_weekley@nps.gov; Pillard, Matt; Holland, Richard; Randy_Thoreson@nps.gov<br />

Subject: <strong>Loup</strong> <strong>Power</strong> <strong>District</strong> Re-Licensing 4-26-10<br />

Quinn,<br />

Thank you for taking the time to visit with me about the <strong>Loup</strong> Re-licensing project. Per our discussion, I have documented some of my concerns<br />

in the attached MSWord file. I have also attached a summary page if you prefer.<br />

Also, per our discussion, I have copied all those who were on the original emails as a courtesy for them to read/delete as they see fit.<br />

Thanks again. I appreciate everyone's time and the warm welcome to provide comments. Please feel free to contact me at your lesuire at any<br />

time throughout the project. I would be more than happy to help in any way I can.<br />

Sincerely,<br />

Mitch Kush


From: Richardson, Lisa (Omaha)<br />

To: Frame, Gail<br />

Cc: Pillard, Matt; Engelbert, Pat<br />

Subject: FW: <strong>Loup</strong> River Hydroelectric Project No. 1256<br />

Date: Wednesday, May 19, 2010 11:26:00 PM<br />

FYI – Gail – please update the DB. Thanks!<br />

From: Kim Nguyen [mailto:Kim.Nguyen@ferc.gov]<br />

Sent: Monday, May 17, 2010 3:32 PM<br />

To: Richardson, Lisa (Omaha); Neal Suess; Waldow, George<br />

Cc: Janet Hutzel<br />

Subject: <strong>Loup</strong> River Hydroelectric Project No. 1256<br />

Neal, Lisa, and George:<br />

Our licensing division here at the Commission has recently gone through a re-organization. I am no<br />

longer project coordinator for the <strong>Loup</strong> River Project. Janet Hutzel (Cc-ed here) in our Midwest<br />

Branch will be taking over as project coordinator. I have given Janet a status of where we are<br />

and all my files.<br />

FYI. Nick Jayjack (Janet’s branch chief) and Paul Makowski are on Janet’s team.<br />

Good luck. You are in good hands!!<br />

Kim A. Nguyen, Civil Engineer<br />

OEP/DHL/West Branch 1<br />

Federal Energy Regulatory Commission<br />

888 1st Street NE<br />

Washington, DC 20426<br />

202-502-6105 direct<br />

202-219-0205 fax


Selzle, Lydia<br />

From: Pillard, Matt<br />

Sent: Monday, May 24, 2010 4:45 PM<br />

To: frank.albrecht@nebraska.gov; john.bender@nebraska.gov; jeff_runge@fws.gov;<br />

robert_harms@fws.gov; barbara.j.friskopp@usace.army.mil; abaum@upperloupnrd.org;<br />

randy_thoreson@nps.gov; bob.puschendorf@nebraska.gov; jean.angell@nebraska.gov;<br />

mkuzila1@unl.edu; david.jundt@dhhs.ne.gov; jmiyoshi@lpnnrd.org;<br />

steve.chick@ne.usda.gov; pcclerk@megavision.com; cityadmin@cablene.com;<br />

ncpza@hamilton.net; rbishop@cpnrd.org; jwinkler@papionrd.org; lpsnrd@lpsnrd.org;<br />

jmangi@columbusne.us; cgenoa@cablene.com; monroe@megavision.com;<br />

calms@neb.rr.com; danno@nohva.com; mbrown9@unl.edu; rtrudell@santeedakota.org;<br />

jblackhawk@aol.com; vwills@pawneenation.org; jill.dolberg@nebraska.gov;<br />

prescott.brownell@noaa.gov; msittler@lpsnrd.org; butchk@nctc.net; robertm@llnrd.org;<br />

jmsunne@nppd.com; jalexand@usgs.gov; jjshadl@nppd.com; cothern.joe@epa.gov;<br />

justin.lavene@nebraska.gov; bobbie.wickham@nebraska.gov; mferguson@gp.usbr.gov;<br />

kennyj@headwaterscorp.com; jeddins@achp.gov; kenneth.sessa@dhs.gov;<br />

peggy.harding@ferc.gov; Willie_Taylor@ios.doi.gov; Robert_F_Stewart@ios.doi.gov;<br />

djjarecke@clarkswb.net; al.berndt@nebraska.gov; astuthman@leg.ne.gov;<br />

ksullivan@leg.ne.gov; clangemeier@leg.ne.gov; adubas@leg.ne.gov;<br />

chairmanrhodd@ponca.com; asheridan@omahatribe.com; don_simpson@blm.gov;<br />

mark.ivy@ferc.gov; nicholas.jayjack@ferc.gov; david.turner@ferc.gov;<br />

marvp@megavision.com; lewrightjr@gmail.com; thowe@ponca.com;<br />

zach_nelson@bennelson.senate.gov; julias@poncatribe.ne.org;<br />

todd.crawford@mail.house.gov; louis.pofahl@mail.house.gov;<br />

emily_brummund@johanns.senate.gov; deb.vanmatre@mail.house.gov;<br />

patricia.leppert@ferc.gov; frank.winchell@ferc.gov; tpetr@loup.com; mike.black@bia.gov;<br />

janet.hutzel@ferc.gov<br />

Cc: Angel Robak; Jim Frear; Neil Suess; Ron Ziola; Damgaard, Quinn V.; Engelbert, Pat; Frame,<br />

Gail; Grennan, Dennis E.; Hunt, George; Madson, Michael J.; Pillard, Matt; Richardson, Lisa<br />

(Omaha); Sigler, Bill; Thompson, Wendy; Waldow, George; White, Stephanie<br />

Subject: <strong>Loup</strong> <strong>Power</strong> <strong>District</strong> . FERC Relicensing: Study Progress Report Available<br />

For your information, <strong>Loup</strong> <strong>Power</strong> <strong>District</strong> has submitted the third quarterly study progress report to FERC and it has<br />

been posted to the project website:<br />

http://www.loup.com/relicense/html/documents.html<br />

Thank you.<br />

Matt Pillard, AICP<br />

Senior Environmental Planner<br />

HDR | ONE COMPANY | Many Solutions Sol<br />

8404 Indian Hills Drive | Omaha, NE | 68114.4098<br />

Phone: 402.399.1186 | Fax: 402.399.1111<br />

Email: Matt.Pillard@hdrinc.com<br />

1


From: Pillard, Matt<br />

To: Frame, Gail<br />

Cc: Richardson, Lisa (Omaha)<br />

Subject: FW: <strong>Loup</strong> <strong>Power</strong> <strong>District</strong> - FERC Relicensing: Study Progress Report Available<br />

Date: Wednesday, May 26, 2010 9:25:02 AM<br />

Attachments: image001.jpg<br />

FYI<br />

From: Patricia Leppert [mailto:Patricia.Leppert@ferc.gov]<br />

Sent: Wednesday, May 26, 2010 6:44 AM<br />

To: Pillard, Matt<br />

Subject: RE: <strong>Loup</strong> <strong>Power</strong> <strong>District</strong> - FERC Relicensing: Study Progress Report Available<br />

Matt, please remove my name from your distribution list. Thank you.<br />

From: Pillard, Matt [mailto:Matt.Pillard@hdrinc.com]<br />

Sent: Monday, May 24, 2010 5:45 PM<br />

To: frank.albrecht@nebraska.gov; john.bender@nebraska.gov; jeff_runge@fws.gov;<br />

robert_harms@fws.gov; barbara.j.friskopp@usace.army.mil; abaum@upperloupnrd.org;<br />

randy_thoreson@nps.gov; bob.puschendorf@nebraska.gov; jean.angell@nebraska.gov;<br />

mkuzila1@unl.edu; david.jundt@dhhs.ne.gov; jmiyoshi@lpnnrd.org; steve.chick@ne.usda.gov;<br />

pcclerk@megavision.com; cityadmin@cablene.com; ncpza@hamilton.net; rbishop@cpnrd.org;<br />

jwinkler@papionrd.org; lpsnrd@lpsnrd.org; jmangi@columbusne.us; cgenoa@cablene.com;<br />

monroe@megavision.com; calms@neb.rr.com; danno@nohva.com; mbrown9@unl.edu;<br />

rtrudell@santeedakota.org; jblackhawk@aol.com; vwills@pawneenation.org; jill.dolberg@nebraska.gov;<br />

prescott.brownell@noaa.gov; msittler@lpsnrd.org; butchk@nctc.net; robertm@llnrd.org;<br />

jmsunne@nppd.com; jalexand@usgs.gov; jjshadl@nppd.com; cothern.joe@epa.gov;<br />

justin.lavene@nebraska.gov; bobbie.wickham@nebraska.gov; mferguson@gp.usbr.gov;<br />

kennyj@headwaterscorp.com; jeddins@achp.gov; kenneth.sessa@dhs.gov; Peggy Harding;<br />

Willie_Taylor@ios.doi.gov; Robert_F_Stewart@ios.doi.gov; djjarecke@clarkswb.net;<br />

al.berndt@nebraska.gov; astuthman@leg.ne.gov; ksullivan@leg.ne.gov; clangemeier@leg.ne.gov;<br />

adubas@leg.ne.gov; chairmanrhodd@ponca.com; asheridan@omahatribe.com; don_simpson@blm.gov;<br />

Mark Ivy; Nicholas Jayjack; David Turner; marvp@megavision.com; lewrightjr@gmail.com;<br />

thowe@ponca.com; zach_nelson@bennelson.senate.gov; julias@poncatribe-ne.org;<br />

todd.crawford@mail.house.gov; louis-pofahl@mail.house.gov; emily_brummund@johanns.senate.gov;<br />

deb.vanmatre@mail.house.gov; Patricia Leppert; Frank Winchell; tpetr@loup.com; mike.black@bia.gov;<br />

Janet Hutzel<br />

Cc: Angel Robak; Jim Frear; Neil Suess; Ron Ziola; Damgaard, Quinn V.; Engelbert, Pat; Frame, Gail;<br />

Grennan, Dennis E.; Hunt, George; Madson, Michael J.; Pillard, Matt; Richardson, Lisa (Omaha); Sigler,<br />

Bill; Thompson, Wendy; Waldow, George; White, Stephanie<br />

Subject: <strong>Loup</strong> <strong>Power</strong> <strong>District</strong> - FERC Relicensing: Study Progress Report Available<br />

For your information, <strong>Loup</strong> <strong>Power</strong> <strong>District</strong> has submitted the third quarterly study progress report<br />

to FERC and it has been posted to the project website:<br />

http://www.loup.com/relicense/html/documents.html<br />

Thank you.<br />

Matt Pillard, AICP<br />

Senior Environmental Planner<br />

HDR | ONE COMPANY | Many Solutions Sol


8404 Indian Hills Drive | Omaha, NE | 68114-4098<br />

Phone: 402.399.1186 | Fax: 402.399.1111<br />

Email: Matt.Pillard@hdrinc.com


Selzle, Lydia<br />

From: Pillard, Matt<br />

Sent: Friday, August 06, 2010 3:12 PM<br />

To: frank.albrecht@nebraska.gov; john.bender@nebraska.gov; jeff_runge@fws.gov;<br />

robert_harms@fws.gov; barbara.j.friskopp@usace.army.mil; abaum@upperloupnrd.org;<br />

randy_thoreson@nps.gov; bob.puschendorf@nebraska.gov; mkuzila1@unl.edu;<br />

david.jundt@dhhs.ne.gov; jmiyoshi@lpnnrd.org; steve.chick@ne.usda.gov;<br />

pcclerk@megavision.com; cityadmin@cablene.com; ncpza@hamilton.net;<br />

rbishop@cpnrd.org; jwinkler@papionrd.org; lpsnrd@lpsnrd.org; jmangi@columbusne.us;<br />

cgenoa@cablene.com; monroe@megavision.com; calms@neb.rr.com; danno@nohva.com;<br />

mbrown9@unl.edu; rtrudell@santeedakota.org; jblackhawk@aol.com;<br />

vwills@pawneenation.org; bdunnigan@dnr.ne.gov; msittler@lpsnrd.org; butchk@nctc.net;<br />

robertm@llnrd.org; jmsunne@nppd.com; jalexand@usgs.gov; jjshadl@nppd.com;<br />

cothern.joe@epa.gov; justin.lavene@nebraska.gov; bobbie.wickham@nebraska.gov;<br />

kennyj@headwaterscorp.com; mferguson@gp.usbr.gov; Willie_Taylor@ios.doi.gov;<br />

Robert_F_Stewart@ios.doi.gov; jeddins@achp.gov; kenneth.sessa@dhs.gov;<br />

peggy.harding@ferc.gov; djjarecke@clarkswb.net; al.berndt@nebraska.gov;<br />

astuthman@leg.ne.gov; ksullivan@leg.ne.gov; clangemeier@leg.ne.gov; adubas@leg.ne.gov;<br />

chairmanrhodd@ponca.com; asheridan@omahatribe.com; don_simpson@blm.gov;<br />

nicholas.jayjack@ferc.gov; jill.dolberg@nebraska.gov; prescott.brownell@noaa.gov;<br />

marvp@megavision.com; lewrightjr@gmail.com; thowe@ponca.com;<br />

zach_nelson@bennelson.senate.gov; julias@poncatribe/ne.org;<br />

todd.crawford@mail.house.gov; louis/pofahl@mail.house.gov;<br />

emily_brummund@johanns.senate.gov; deb.vanmatre@mail.house.gov; tpetr@loup.com;<br />

mike.black@bia.gov; janet.hutzel@ferc.gov; isis.johnson@ferc.gov; lee.emery@ferc.gov;<br />

paul.makowski@ferc.gov<br />

Cc: Angel Robak; Jim Frear; Neil Suess; Ron Ziola; Damgaard, Quinn V.; Engelbert, Pat; Frame,<br />

Gail; Grennan, Dennis E.; Hunt, George; Madson, Michael J.; Pillard, Matt; Richardson, Lisa<br />

(Omaha); Sigler, Bill; Thompson, Wendy; Waldow, George; White, Stephanie<br />

Subject: <strong>Loup</strong> <strong>Power</strong> <strong>District</strong> / FERC Relicensing: Study Report and Study Results Meeting<br />

Relicensing <strong>Part</strong>icipants:<br />

This e-mail is to remind you of the Initial Study Results meeting scheduled for September 9 th at the New World Inn, 265<br />

33 rd Ave, Columbus, Nebraska. Please RSVP to Angell Robak at arobak@loup.com or (402) 564-3171, ext. 275.<br />

For those not able to attend in person, but wishing to do so via conference call, meeting materials will be posted to:<br />

http://www.loup.com/relicense/html/agencymeetingsresources.html in advance of the meeting (by end of day 9/8/10).<br />

Dial-in information is as follows:<br />

1-866-994-6437<br />

Passcode: 4023994909<br />

On August 26, 2010, the <strong>District</strong> will be submitting the Initial Study Report (ISR) to FERC, it will also be posted on the<br />

website at http://www.loup.com/relicense (link). This report will include study reports for the following completed<br />

studies:<br />

1 – Sedimentation<br />

7 – Fish Passage<br />

10 – Land Use Inventory<br />

Additionally, the ISR will provide a progress summary for the other reports.<br />

Please come ready to discuss; we have a lot of material to cover and will start promptly at 8:30 AM.<br />

1


Please bring your own copy of the Initial Study Report. It can be found online after 8/26/10.<br />

We look forward to seeing you on September 9 th .<br />

Matt Pillard, AICP<br />

Senior Environmental Planner<br />

HDR | ONE COMPANY | Many Solutions Sol<br />

8404 Indian Hills Drive | Omaha, NE | 68114/4098<br />

Phone: 402.399.1186 | Fax: 402.399.1111<br />

Email: Matt.Pillard@hdrinc.com<br />

2


Thompson, Wendy<br />

From: Jeff_Runge@fws.gov<br />

Sent: Wednesday, August 11, 2010 10:30 AM<br />

To: Pillard, Matt<br />

Cc: abaum@upperloupnrd.org; adubas@leg.ne.gov; al.berndt@nebraska.gov; Angel Robak;<br />

asheridan@omahatribe.com; astuthman@leg.ne.gov; barbara.j.friskopp@usace.army.mil;<br />

bdunnigan@dnr.ne.gov; Sigler, Bill; bobbie.wickham@nebraska.gov;<br />

bob.puschendorf@nebraska.gov; butchk@nctc.net; calms@neb.rr.com;<br />

cgenoa@cablene.com; chairmanrhodd@ponca.com; cityadmin@cablene.com;<br />

clangemeier@leg.ne.gov; cothern.joe@epa.gov; danno@nohva.com;<br />

david.jundt@dhhs.ne.gov; deb.vanmatre@mail.house.gov; Grennan, Dennis E.;<br />

djjarecke@clarkswb.net; don_simpson@blm.gov; emily_brummund@johanns.senate.gov;<br />

frank.albrecht@nebraska.gov; Frame, Gail; Hunt, George; Waldow, George;<br />

isis.johnson@ferc.gov; jalexand@usgs.gov; janet.hutzel@ferc.gov; jblackhawk@aol.com;<br />

jeddins@achp.gov; Jim Frear; jill.dolberg@nebraska.gov; jjshadl@nppd.com;<br />

jmangi@columbusne.us; jmiyoshi@lpnnrd.org; jmsunne@nppd.com;<br />

john.bender@nebraska.gov; julias@poncatribe-ne.org; justin.lavene@nebraska.gov;<br />

jwinkler@papionrd.org; kenneth.sessa@dhs.gov; kennyj@headwaterscorp.com;<br />

ksullivan@leg.ne.gov; lee.emery@ferc.gov; lewrightjr@gmail.com; Richardson, Lisa<br />

(Omaha); louis-pofahl@mail.house.gov; lpsnrd@lpsnrd.org; marvp@megavision.com; Pillard,<br />

Matt; mbrown9@unl.edu; mferguson@gp.usbr.gov; Madson, Michael J.; mike.black@bia.gov;<br />

mkuzila1@unl.edu; monroe@megavision.com; msittler@lpsnrd.org; ncpza@hamilton.net;<br />

nicholas.jayjack@ferc.gov; Neil Suess; Engelbert, Pat; paul.makowski@ferc.gov;<br />

pcclerk@megavision.com; peggy.harding@ferc.gov; prescott.brownell@noaa.gov;<br />

Damgaard, Quinn V.; randy_thoreson@nps.gov; rbishop@cpnrd.org; robertm@llnrd.org;<br />

Robert_F_Stewart@ios.doi.gov; robert_harms@fws.gov; rtrudell@santeedakota.org; Ron<br />

Ziola; White, Stephanie; steve.chick@ne.usda.gov; thowe@ponca.com;<br />

todd.crawford@mail.house.gov; tpetr@loup.com; vwills@pawneenation.org; Thompson,<br />

Wendy; Willie_Taylor@ios.doi.gov; zach_nelson@bennelson.senate.gov<br />

Subject: Re: <strong>Loup</strong> <strong>Power</strong> <strong>District</strong> - FERC Relicensing: Study Report and Study Results Meeting<br />

Attachments: pic18636.gif<br />

Matt,<br />

I have read the <strong>Loup</strong> <strong>Power</strong> <strong>District</strong> May 24, 2010, progress report where initial study results will be<br />

separated into two meetings. PCBs were not identified as a discussion topic for either of the two<br />

meetings. I have included PCB section from FERC's Study Plan Determination where fish tissue results<br />

would be a part of the Initial Study Report. Any insight as to time frames for fish tissue results and<br />

discussion would be greatly appreciated.<br />

Jeff Runge<br />

*******************************<br />

Jeff Runge<br />

Fish and Wildlife Biologist<br />

U.S. Fish and Wildlife Service<br />

203 W. Second Street<br />

Grand Island, NE 68801<br />

(308) 382-6468, Ext. 22<br />

(308) 379-8553 Cell<br />

********************************<br />

1


Sediment Sampling for PCB’s in the <strong>Loup</strong> <strong>Power</strong> Canal and Lake Babcock<br />

In its comments on the revised study plan, the FWS recommended that the <strong>District</strong> sample for polychlorinated<br />

biphenyls (PCB's) from fish tissue and sediments from Lake Babcock and the <strong>Loup</strong> <strong>Power</strong> Canal between<br />

Monroe and Columbus powerhouses. The <strong>District</strong> proposes to conduct fish tissue sampling in 2009<br />

cooperatively with the Nebraska Department of Environmental Quality. One of the sample sites includes Lake<br />

Babcock, which is located in the affected reach mentioned by FWS. This information, along with the fish tissue<br />

sampling results presented in the PAD for the project area, will be sufficient for our analysis. The <strong>District</strong> shall<br />

report the results of this analysis in their Initial Study Report.<br />

The relevant issue for any licensing decision is whether any PCB mobilization caused by project operations<br />

affects fishery resources. To answer that question, it is most appropriate to first sample fish tissue for PCB's in<br />

the potentially affected reach (i.e., Lake Babcock) to determine if PCB's are presently affecting fish, regardless<br />

of the source (e.g, project-induced mobilization of canal sediments versus upstream <strong>Loup</strong> River flows carrying<br />

PCB's from other sources). Should elevated fish PCB levels be found in the fish tissues, we may consider<br />

additional PCB monitoring in year 2.<br />

http://www.loup.com/relicense/html/documents/license/LFERC.090826.Study_Plan_Determination.pdf<br />

"Pillard, Matt" <br />

"Pillard, Matt"<br />

<br />

08/06/10 03:12 PM<br />

2<br />

To "frank.albrecht@nebraska.gov"<br />

,<br />

"john.bender@nebraska.gov"<br />

, "jeff_runge@fws.gov"<br />

, "robert_harms@fws.gov"<br />

,<br />

"barbara.j.friskopp@usace.army.mil"<br />

,<br />

"abaum@upperloupnrd.org"<br />

,<br />

"randy_thoreson@nps.gov" ,<br />

"bob.puschendorf@nebraska.gov"<br />

, "mkuzila1@unl.edu"<br />

, "david.jundt@dhhs.ne.gov"<br />

, "jmiyoshi@lpnnrd.org"<br />

, "steve.chick@ne.usda.gov"<br />

,<br />

"pcclerk@megavision.com"<br />

, "cityadmin@cablene.com"<br />

, "ncpza@hamilton.net"<br />

, "rbishop@cpnrd.org"<br />

, "jwinkler@papionrd.org"<br />

, "lpsnrd@lpsnrd.org"<br />

, "jmangi@columbusne.us"<br />

, "cgenoa@cablene.com"<br />

, "monroe@megavision.com"<br />

, "calms@neb.rr.com"<br />

, "danno@nohva.com"<br />

, "mbrown9@unl.edu"<br />

, "rtrudell@santeedakota.org"<br />

, "jblackhawk@aol.com"


3<br />

, "vwills@pawneenation.org"<br />

, "bdunnigan@dnr.ne.gov"<br />

, "msittler@lpsnrd.org"<br />

, "butchk@nctc.net"<br />

, "robertm@llnrd.org"<br />

, "jmsunne@nppd.com"<br />

, "jalexand@usgs.gov"<br />

, "jjshadl@nppd.com"<br />

, "cothern.joe@epa.gov"<br />

, "justin.lavene@nebraska.gov"<br />

,<br />

"bobbie.wickham@nebraska.gov"<br />

,<br />

"kennyj@headwaterscorp.com"<br />

,<br />

"mferguson@gp.usbr.gov" ,<br />

"Willie_Taylor@ios.doi.gov"<br />

,<br />

"Robert_F_Stewart@ios.doi.gov"<br />

, "jeddins@achp.gov"<br />

, "kenneth.sessa@dhs.gov"<br />

, "peggy.harding@ferc.gov"<br />

, "djjarecke@clarkswb.net"<br />

, "al.berndt@nebraska.gov"<br />

, "astuthman@leg.ne.gov"<br />

, "ksullivan@leg.ne.gov"<br />

, "clangemeier@leg.ne.gov"<br />

, "adubas@leg.ne.gov"<br />

, "chairmanrhodd@ponca.com"<br />

,<br />

"asheridan@omahatribe.com"<br />

,<br />

"don_simpson@blm.gov" ,<br />

"nicholas.jayjack@ferc.gov"<br />

,<br />

"jill.dolberg@nebraska.gov"<br />

,<br />

"prescott.brownell@noaa.gov"<br />

,<br />

"marvp@megavision.com" ,<br />

"lewrightjr@gmail.com" ,<br />

"thowe@ponca.com" ,<br />

"zach_nelson@bennelson.senate.gov"<br />

,<br />

"julias@poncatribe-ne.org" ,<br />

"todd.crawford@mail.house.gov"<br />

, "louispofahl@mail.house.gov",<br />

"emily_brummund@johanns.senate.gov"<br />

,<br />

"deb.vanmatre@mail.house.gov"<br />

, "tpetr@loup.com"<br />

, "mike.black@bia.gov"<br />

, "janet.hutzel@ferc.gov"<br />

, "isis.johnson@ferc.gov"<br />

, "lee.emery@ferc.gov"<br />

, "paul.makowski@ferc.gov"<br />

<br />

cc Angel Robak , Jim Frear


Relicensing <strong>Part</strong>icipants:<br />

4<br />

, Neil Suess ,<br />

Ron Ziola , "Damgaard, Quinn V."<br />

, "Engelbert, Pat"<br />

, "Frame, Gail"<br />

, "Grennan, Dennis E."<br />

, "Hunt, George"<br />

, "Madson, Michael J."<br />

, "Pillard, Matt"<br />

, "Richardson, Lisa<br />

(Omaha)" , "Sigler,<br />

Bill" , "Thompson, Wendy"<br />

, "Waldow, George"<br />

, "White, Stephanie"<br />

<br />

Subject <strong>Loup</strong> <strong>Power</strong> <strong>District</strong> - FERC Relicensing: Study Report<br />

and Study Results Meeting<br />

This e‐mail is to remind you of the Initial Study Results meeting scheduled for September 9 th at the New World<br />

Inn, 265 33 rd Ave, Columbus, Nebraska. Please RSVP to Angell Robak at arobak@loup.com or (402) 564‐3171,<br />

ext. 275.<br />

For those not able to attend in person, but wishing to do so via conference call, meeting materials will be<br />

posted to: http://www.loup.com/relicense/html/agencymeetingsresources.html in advance of the meeting<br />

(by end of day 9/8/10). Dial‐in information is as follows:<br />

1‐866‐994‐6437<br />

Passcode: 4023994909<br />

On August 26, 2010, the <strong>District</strong> will be submitting the Initial Study Report (ISR) to FERC, it will also be posted<br />

on the website at http://www.loup.com/relicense (link). This report will include study reports for the following<br />

completed studies:<br />

1 – Sedimentation<br />

7 – Fish Passage<br />

10 – Land Use Inventory<br />

Additionally, the ISR will provide a progress summary for the other reports.<br />

Please come ready to discuss; we have a lot of material to cover and will start promptly at 8:30 AM.<br />

Please bring your own copy of the Initial Study Report. It can be found online after 8/26/10.<br />

We look forward to seeing you on September 9 th .<br />

Matt Pillard, AICP<br />

Senior Environmental Planner<br />

HDR | ONE COMPANY | Many Solutions Sol<br />

8404 Indian Hills Drive | Omaha, NE | 68114‐4098<br />

Phone: 402.399.1186 | Fax: 402.399.1111


Email: Matt.Pillard@hdrinc.com<br />

5


Selzle, Lydia<br />

From: Richardson, Lisa (Omaha)<br />

Sent: Wednesday, August 11, 2010 12:08 PM<br />

To: Jeff_Runge@fws.gov; Pillard, Matt<br />

Cc: abaum@upperloupnrd.org; adubas@leg.ne.gov; al.berndt@nebraska.gov; Angel Robak;<br />

asheridan@omahatribe.com; astuthman@leg.ne.gov; barbara.j.friskopp@usace.army.mil;<br />

bdunnigan@dnr.ne.gov; Sigler, Bill; bobbie.wickham@nebraska.gov;<br />

bob.puschendorf@nebraska.gov; butchk@nctc.net; calms@neb.rr.com;<br />

cgenoa@cablene.com; chairmanrhodd@ponca.com; cityadmin@cablene.com;<br />

clangemeier@leg.ne.gov; cothern.joe@epa.gov; danno@nohva.com;<br />

david.jundt@dhhs.ne.gov; deb.vanmatre@mail.house.gov; Grennan, Dennis E.;<br />

djjarecke@clarkswb.net; don_simpson@blm.gov; emily_brummund@johanns.senate.gov;<br />

frank.albrecht@nebraska.gov; Frame, Gail; Hunt, George; Waldow, George;<br />

isis.johnson@ferc.gov; jalexand@usgs.gov; janet.hutzel@ferc.gov; jblackhawk@aol.com;<br />

jeddins@achp.gov; Jim Frear; jill.dolberg@nebraska.gov; jjshadl@nppd.com;<br />

jmangi@columbusne.us; jmiyoshi@lpnnrd.org; jmsunne@nppd.com;<br />

john.bender@nebraska.gov; julias@poncatribe6ne.org; justin.lavene@nebraska.gov;<br />

jwinkler@papionrd.org; kenneth.sessa@dhs.gov; kennyj@headwaterscorp.com;<br />

ksullivan@leg.ne.gov; lee.emery@ferc.gov; lewrightjr@gmail.com; louis6<br />

pofahl@mail.house.gov; lpsnrd@lpsnrd.org; marvp@megavision.com; Pillard, Matt; mbrown9<br />

@unl.edu; mferguson@gp.usbr.gov; Madson, Michael J.; mike.black@bia.gov; mkuzila1<br />

@unl.edu; monroe@megavision.com; msittler@lpsnrd.org; ncpza@hamilton.net;<br />

nicholas.jayjack@ferc.gov; Neil Suess; Engelbert, Pat; paul.makowski@ferc.gov;<br />

pcclerk@megavision.com; peggy.harding@ferc.gov; prescott.brownell@noaa.gov; Damgaard,<br />

Quinn V.; randy_thoreson@nps.gov; rbishop@cpnrd.org; robertm@llnrd.org;<br />

Robert_F_Stewart@ios.doi.gov; robert_harms@fws.gov; rtrudell@santeedakota.org; Ron<br />

Ziola; White, Stephanie; steve.chick@ne.usda.gov; thowe@ponca.com;<br />

todd.crawford@mail.house.gov; tpetr@loup.com; vwills@pawneenation.org; Thompson,<br />

Wendy; Willie_Taylor@ios.doi.gov; zach_nelson@bennelson.senate.gov<br />

Subject: RE: <strong>Loup</strong> <strong>Power</strong> <strong>District</strong> 6 FERC Relicensing: Study Report and Study Results Meeting<br />

Jeff,<br />

The fish tissue sampling results will be included in our August 26 th Initial Study Report and will be presented and<br />

discussed at the meeting scheduled for September 9 th .<br />

If you have any additional questions, please feel free to give me a call.<br />

Lisa<br />

Lisa M. Richardson, P.E.<br />

Professional Associate<br />

HDR One Company | Many Solutions<br />

8404 Indian Hills Drive<br />

Omaha, NE 6811464049<br />

Phone: 402.926.7026<br />

Cell: 402.618.9865<br />

Fax: 402.399.1111<br />

From: Jeff_Runge@fws.gov [mailto:Jeff_Runge@fws.gov]<br />

Sent: Wednesday, August 11, 2010 10:30 AM<br />

To: Pillard, Matt<br />

Cc: abaum@upperloupnrd.org; adubas@leg.ne.gov; al.berndt@nebraska.gov; Angel Robak; asheridan@omahatribe.com;<br />

astuthman@leg.ne.gov; barbara.j.friskopp@usace.army.mil; bdunnigan@dnr.ne.gov; Sigler, Bill;<br />

bobbie.wickham@nebraska.gov; bob.puschendorf@nebraska.gov; butchk@nctc.net; calms@neb.rr.com;<br />

cgenoa@cablene.com; chairmanrhodd@ponca.com; cityadmin@cablene.com; clangemeier@leg.ne.gov;<br />

1


cothern.joe@epa.gov; danno@nohva.com; david.jundt@dhhs.ne.gov; deb.vanmatre@mail.house.gov; Grennan, Dennis<br />

E.; djjarecke@clarkswb.net; don_simpson@blm.gov; emily_brummund@johanns.senate.gov;<br />

frank.albrecht@nebraska.gov; Frame, Gail; Hunt, George; Waldow, George; isis.johnson@ferc.gov; jalexand@usgs.gov;<br />

janet.hutzel@ferc.gov; jblackhawk@aol.com; jeddins@achp.gov; Jim Frear; jill.dolberg@nebraska.gov;<br />

jjshadl@nppd.com; jmangi@columbusne.us; jmiyoshi@lpnnrd.org; jmsunne@nppd.com; john.bender@nebraska.gov;<br />

julias@poncatribe4ne.org; justin.lavene@nebraska.gov; jwinkler@papionrd.org; kenneth.sessa@dhs.gov;<br />

kennyj@headwaterscorp.com; ksullivan@leg.ne.gov; lee.emery@ferc.gov; lewrightjr@gmail.com; Richardson, Lisa<br />

(Omaha); louis4pofahl@mail.house.gov; lpsnrd@lpsnrd.org; marvp@megavision.com; Pillard, Matt; mbrown9@unl.edu;<br />

mferguson@gp.usbr.gov; Madson, Michael J.; mike.black@bia.gov; mkuzila1@unl.edu; monroe@megavision.com;<br />

msittler@lpsnrd.org; ncpza@hamilton.net; nicholas.jayjack@ferc.gov; Neil Suess; Engelbert, Pat;<br />

paul.makowski@ferc.gov; pcclerk@megavision.com; peggy.harding@ferc.gov; prescott.brownell@noaa.gov; Damgaard,<br />

Quinn V.; randy_thoreson@nps.gov; rbishop@cpnrd.org; robertm@llnrd.org; Robert_F_Stewart@ios.doi.gov;<br />

robert_harms@fws.gov; rtrudell@santeedakota.org; Ron Ziola; White, Stephanie; steve.chick@ne.usda.gov;<br />

thowe@ponca.com; todd.crawford@mail.house.gov; tpetr@loup.com; vwills@pawneenation.org; Thompson, Wendy;<br />

Willie_Taylor@ios.doi.gov; zach_nelson@bennelson.senate.gov<br />

Subject: Re: <strong>Loup</strong> <strong>Power</strong> <strong>District</strong> 4 FERC Relicensing: Study Report and Study Results Meeting<br />

Matt,<br />

I have read the <strong>Loup</strong> <strong>Power</strong> <strong>District</strong> May 24, 2010, progress report where initial study results will be<br />

separated into two meetings. PCBs were not identified as a discussion topic for either of the two<br />

meetings. I have included PCB section from FERC's Study Plan Determination where fish tissue results<br />

would be a part of the Initial Study Report. Any insight as to time frames for fish tissue results and<br />

discussion would be greatly appreciated.<br />

Jeff Runge<br />

*******************************<br />

Jeff Runge<br />

Fish and Wildlife Biologist<br />

U.S. Fish and Wildlife Service<br />

203 W. Second Street<br />

Grand Island, NE 68801<br />

(308) 38256468, Ext. 22<br />

(308) 37958553 Cell<br />

********************************<br />

Sediment Sampling for PCB’s in the <strong>Loup</strong> <strong>Power</strong> Canal and Lake Babcock<br />

In its comments on the revised study plan, the FWS recommended that the <strong>District</strong> sample for polychlorinated<br />

biphenyls (PCB's) from fish tissue and sediments from Lake Babcock and the <strong>Loup</strong> <strong>Power</strong> Canal between<br />

Monroe and Columbus powerhouses. The <strong>District</strong> proposes to conduct fish tissue sampling in 2009<br />

cooperatively with the Nebraska Department of Environmental Quality. One of the sample sites includes Lake<br />

Babcock, which is located in the affected reach mentioned by FWS. This information, along with the fish tissue<br />

sampling results presented in the PAD for the project area, will be sufficient for our analysis. The <strong>District</strong> shall<br />

report the results of this analysis in their Initial Study Report.<br />

The relevant issue for any licensing decision is whether any PCB mobilization caused by project operations<br />

affects fishery resources. To answer that question, it is most appropriate to first sample fish tissue for PCB's in<br />

2


the potentially affected reach (i.e., Lake Babcock) to determine if PCB's are presently affecting fish, regardless<br />

of the source (e.g, project5induced mobilization of canal sediments versus upstream <strong>Loup</strong> River flows carrying<br />

PCB's from other sources). Should elevated fish PCB levels be found in the fish tissues, we may consider<br />

additional PCB monitoring in year 2.<br />

http://www.loup.com/relicense/html/documents/license/LFERC.090826.Study_Plan_Determination.pdf<br />

"Pillard, Matt" <br />

"Pillard, Matt"<br />

<br />

08/06/10 03:12 PM<br />

3<br />

To "frank.albrecht@nebraska.gov"<br />

,<br />

"john.bender@nebraska.gov"<br />

, "jeff_runge@fws.gov"<br />

, "robert_harms@fws.gov"<br />

,<br />

"barbara.j.friskopp@usace.army.mil"<br />

,<br />

"abaum@upperloupnrd.org"<br />

,<br />

"randy_thoreson@nps.gov" ,<br />

"bob.puschendorf@nebraska.gov"<br />

, "mkuzila1@unl.edu"<br />

, "david.jundt@dhhs.ne.gov"<br />

, "jmiyoshi@lpnnrd.org"<br />

, "steve.chick@ne.usda.gov"<br />

,<br />

"pcclerk@megavision.com"<br />

, "cityadmin@cablene.com"<br />

, "ncpza@hamilton.net"<br />

, "rbishop@cpnrd.org"<br />

, "jwinkler@papionrd.org"<br />

, "lpsnrd@lpsnrd.org"<br />

, "jmangi@columbusne.us"<br />

, "cgenoa@cablene.com"<br />

, "monroe@megavision.com"<br />

, "calms@neb.rr.com"<br />

, "danno@nohva.com"<br />

, "mbrown9@unl.edu"<br />

, "rtrudell@santeedakota.org"<br />

, "jblackhawk@aol.com"<br />

, "vwills@pawneenation.org"<br />

, "bdunnigan@dnr.ne.gov"<br />

, "msittler@lpsnrd.org"<br />

, "butchk@nctc.net"<br />

, "robertm@llnrd.org"<br />

, "jmsunne@nppd.com"<br />

, "jalexand@usgs.gov"<br />

, "jjshadl@nppd.com"<br />

, "cothern.joe@epa.gov"<br />

, "justin.lavene@nebraska.gov"<br />

,<br />

"bobbie.wickham@nebraska.gov"<br />

,<br />

"kennyj@headwaterscorp.com"<br />

,<br />

"mferguson@gp.usbr.gov" ,<br />

"Willie_Taylor@ios.doi.gov"


4<br />

,<br />

"Robert_F_Stewart@ios.doi.gov"<br />

, "jeddins@achp.gov"<br />

, "kenneth.sessa@dhs.gov"<br />

, "peggy.harding@ferc.gov"<br />

, "djjarecke@clarkswb.net"<br />

, "al.berndt@nebraska.gov"<br />

, "astuthman@leg.ne.gov"<br />

, "ksullivan@leg.ne.gov"<br />

, "clangemeier@leg.ne.gov"<br />

, "adubas@leg.ne.gov"<br />

, "chairmanrhodd@ponca.com"<br />

,<br />

"asheridan@omahatribe.com"<br />

,<br />

"don_simpson@blm.gov" ,<br />

"nicholas.jayjack@ferc.gov"<br />

,<br />

"jill.dolberg@nebraska.gov"<br />

,<br />

"prescott.brownell@noaa.gov"<br />

,<br />

"marvp@megavision.com" ,<br />

"lewrightjr@gmail.com" ,<br />

"thowe@ponca.com" ,<br />

"zach_nelson@bennelson.senate.gov"<br />

,<br />

"julias@poncatribe5ne.org" ,<br />

"todd.crawford@mail.house.gov"<br />

, "louis5<br />

pofahl@mail.house.gov" ,<br />

"emily_brummund@johanns.senate.gov"<br />

,<br />

"deb.vanmatre@mail.house.gov"<br />

, "tpetr@loup.com"<br />

, "mike.black@bia.gov"<br />

, "janet.hutzel@ferc.gov"<br />

, "isis.johnson@ferc.gov"<br />

, "lee.emery@ferc.gov"<br />

, "paul.makowski@ferc.gov"<br />

<br />

cc Angel Robak , Jim Frear<br />

, Neil Suess ,<br />

Ron Ziola , "Damgaard, Quinn V."<br />

, "Engelbert, Pat"<br />

, "Frame, Gail"<br />

, "Grennan, Dennis E."<br />

, "Hunt, George"<br />

, "Madson, Michael J."<br />

, "Pillard, Matt"<br />

, "Richardson, Lisa<br />

(Omaha)" , "Sigler,<br />

Bill" , "Thompson, Wendy"<br />

, "Waldow, George"<br />

, "White, Stephanie"<br />

<br />

Subject <strong>Loup</strong> <strong>Power</strong> <strong>District</strong> 5 FERC Relicensing: Study Report<br />

and Study Results Meeting


Relicensing <strong>Part</strong>icipants:<br />

This e-mail is to remind you of the Initial Study Results meeting scheduled for September 9 th at the New World<br />

Inn, 265 33 rd Ave, Columbus, Nebraska. Please RSVP to Angell Robak at arobak@loup.com or (402) 564-3171,<br />

ext. 275.<br />

For those not able to attend in person, but wishing to do so via conference call, meeting materials will be<br />

posted to: http://www.loup.com/relicense/html/agencymeetingsresources.html in advance of the meeting<br />

(by end of day 9/8/10). Dial-in information is as follows:<br />

1-866-994-6437<br />

Passcode: 4023994909<br />

On August 26, 2010, the <strong>District</strong> will be submitting the Initial Study Report (ISR) to FERC, it will also be posted<br />

on the website at http://www.loup.com/relicense (link). This report will include study reports for the following<br />

completed studies:<br />

1 – Sedimentation<br />

7 – Fish Passage<br />

10 – Land Use Inventory<br />

Additionally, the ISR will provide a progress summary for the other reports.<br />

Please come ready to discuss; we have a lot of material to cover and will start promptly at 8:30 AM.<br />

Please bring your own copy of the Initial Study Report. It can be found online after 8/26/10.<br />

We look forward to seeing you on September 9 th .<br />

Matt Pillard, AICP<br />

Senior Environmental Planner<br />

HDR | ONE COMPANY | Many Solutions Sol<br />

8404 Indian Hills Drive | Omaha, NE | 68114-4098<br />

Phone: 402.399.1186 | Fax: 402.399.1111<br />

Email: Matt.Pillard@hdrinc.com<br />

5


August 26, 2010<br />

George Howell, President<br />

Pawnee Nation of Oklahoma<br />

P.O. Box 470<br />

Pawnee, OK 74058<br />

RE: <strong>Loup</strong> River Hydroelectric Project<br />

Platte and Nance counties, Nebraska<br />

FERC Project No. 1256<br />

Docket No. P-1256-029<br />

Dear Mr. Howell:<br />

<strong>Loup</strong> River Public <strong>Power</strong> <strong>District</strong> (the <strong>District</strong>) is applying to the Federal Energy<br />

Regulatory Commission (FERC) to relicense the <strong>Loup</strong> River Hydroelectric Project. The<br />

existing license was effective on December 1, 1982, for a term ending April 15, 2014.<br />

<strong>Loup</strong> <strong>Power</strong> <strong>District</strong> is utilizing the Integrated Licensing Process (ILP) for this<br />

relicensing effort.<br />

Relicensing the Project is a Federal undertaking by FERC, and Section 106 of the<br />

National Historic Preservation Act of 1966, as amended (NHPA), requires Federal<br />

agencies to determine whether their undertakings have adverse effects on historic<br />

properties (any site, structure, or other property listed on or eligible for listing on the<br />

National Register of Historic Places [NRHP]) and allow interested parties the<br />

opportunity to comment on decisions and actions that may affect historic properties.<br />

Pursuant to 18 CFR §5.11 and §5.13, the <strong>District</strong> prepared a study plan to gather the<br />

information needed to comply with Section 106 as part of Project Relicensing. On<br />

August 26, 2009, FERC approved the <strong>District</strong>’s study (Study 11.0), as submitted in the<br />

Revised Study Plan on July 27, 2009. The <strong>District</strong> has completed the Phase I/II<br />

Archaeological Inventory and Evaluation of the Project. A copy of the report<br />

accompanies this letter.


At this time we are seeking your input regarding the findings of the report and<br />

continuance of our dialogue towards Section 106 compliance.<br />

Please do not hesitate to contact Michael Madson at HDR or me at (402) 564-3171 if<br />

you have any questions about the Phase I/II Archaeological Inventory and Evaluation.<br />

Sincerely,<br />

Neal Suess<br />

President/CEO<br />

<strong>Loup</strong> <strong>Power</strong> <strong>District</strong><br />

cc (without attachments):<br />

Alice Alexander, Pawnee Nation of Oklahoma<br />

Lee Emery, Federal Energy Regulatory Commission<br />

Janet Hutzel, Federal Energy Regulatory Commission<br />

Ron Ziola, <strong>Loup</strong> <strong>Power</strong> <strong>District</strong><br />

Lisa Richardson, HDR<br />

George Waldow, HDR<br />

Michael Madson, HDR<br />

Attachments:<br />

(1) Phase I/II Archaeological Inventory and Evaluation


August 26, 2010<br />

Larry Wright, Chairman<br />

Ponca Tribe of Nebraska<br />

P.O. Box 288<br />

Niobrara, NE 68760<br />

RE: <strong>Loup</strong> River Hydroelectric Project<br />

Platte and Nance counties, Nebraska<br />

FERC Project No. 1256<br />

Docket No. P-1256-029<br />

Dear Mr. Wright:<br />

<strong>Loup</strong> River Public <strong>Power</strong> <strong>District</strong> (the <strong>District</strong>) is applying to the Federal Energy<br />

Regulatory Commission (FERC) to relicense the <strong>Loup</strong> River Hydroelectric Project. The<br />

existing license was effective on December 1, 1982, for a term ending April 15, 2014.<br />

<strong>Loup</strong> <strong>Power</strong> <strong>District</strong> is utilizing the Integrated Licensing Process (ILP) for this<br />

relicensing effort.<br />

Relicensing the Project is a Federal undertaking by FERC, and Section 106 of the<br />

National Historic Preservation Act of 1966, as amended (NHPA), requires Federal<br />

agencies to determine whether their undertakings have adverse effects on historic<br />

properties (any site, structure, or other property listed on or eligible for listing on the<br />

National Register of Historic Places [NRHP]) and allow interested parties the<br />

opportunity to comment on decisions and actions that may affect historic properties.<br />

Pursuant to 18 CFR §5.11 and §5.13, the <strong>District</strong> prepared a study plan to gather the<br />

information needed to comply with Section 106 as part of Project Relicensing. On<br />

August 26, 2009, FERC approved the <strong>District</strong>’s study (Study 11.0), as submitted in the<br />

Revised Study Plan on July 27, 2009. The <strong>District</strong> has completed the Phase I/II<br />

Archaeological Inventory and Evaluation of the Project. A copy of the report<br />

accompanies this letter.


At this time we are seeking your input regarding the findings of the report and<br />

continuance of our dialogue towards Section 106 compliance.<br />

Please do not hesitate to contact Michael Madson at HDR or me at (402) 564-3171 if<br />

you have any questions about the Phase I/II Archaeological Inventory and Evaluation.<br />

Sincerely,<br />

Neal Suess<br />

President/CEO<br />

<strong>Loup</strong> <strong>Power</strong> <strong>District</strong><br />

cc (without attachments):<br />

Gary Robinette, Ponca Tribe of Nebraska<br />

Lee Emery, Federal Energy Regulatory Commission<br />

Janet Hutzel, Federal Energy Regulatory Commission<br />

Ron Ziola, <strong>Loup</strong> <strong>Power</strong> <strong>District</strong><br />

Lisa Richardson, HDR<br />

George Waldow, HDR<br />

Michael Madson, HDR<br />

Attachments:<br />

(1) Phase I/II Archaeological Inventory and Evaluation


August 26, 2010<br />

Douglas Rhodd, Chairman<br />

Ponca Tribe of Oklahoma<br />

20 White Eagle Drive<br />

Ponca City, OK 74601<br />

RE: <strong>Loup</strong> River Hydroelectric Project<br />

Platte and Nance counties, Nebraska<br />

FERC Project No. 1256<br />

Docket No. P-1256-029<br />

Dear Mr. Rhodd:<br />

<strong>Loup</strong> River Public <strong>Power</strong> <strong>District</strong> (the <strong>District</strong>) is applying to the Federal Energy<br />

Regulatory Commission (FERC) to relicense the <strong>Loup</strong> River Hydroelectric Project. The<br />

existing license was effective on December 1, 1982, for a term ending April 15, 2014.<br />

<strong>Loup</strong> <strong>Power</strong> <strong>District</strong> is utilizing the Integrated Licensing Process (ILP) for this<br />

relicensing effort.<br />

Relicensing the Project is a Federal undertaking by FERC, and Section 106 of the<br />

National Historic Preservation Act of 1966, as amended (NHPA), requires Federal<br />

agencies to determine whether their undertakings have adverse effects on historic<br />

properties (any site, structure, or other property listed on or eligible for listing on the<br />

National Register of Historic Places [NRHP]) and allow interested parties the<br />

opportunity to comment on decisions and actions that may affect historic properties.<br />

Pursuant to 18 CFR §5.11 and §5.13, the <strong>District</strong> prepared a study plan to gather the<br />

information needed to comply with Section 106 as part of Project Relicensing. On<br />

August 26, 2009, FERC approved the <strong>District</strong>’s study (Study 11.0), as submitted in the<br />

Revised Study Plan on July 27, 2009. The <strong>District</strong> has completed the Phase I/II<br />

Archaeological Inventory and Evaluation of the Project. A copy of the report<br />

accompanies this letter.


At this time we are seeking your input regarding the findings of the report and<br />

continuance of our dialogue towards Section 106 compliance.<br />

Please do not hesitate to contact Michael Madson at HDR or me at (402) 564-3171 if<br />

you have any questions about the Phase I/II Archaeological Inventory and Evaluation.<br />

Sincerely,<br />

Neal Suess<br />

President/CEO<br />

<strong>Loup</strong> <strong>Power</strong> <strong>District</strong><br />

cc (without attachments):<br />

Trey Howe, Ponca Tribe of Oklahoma<br />

Lee Emery, Federal Energy Regulatory Commission<br />

Janet Hutzel, Federal Energy Regulatory Commission<br />

Ron Ziola, <strong>Loup</strong> <strong>Power</strong> <strong>District</strong><br />

Lisa Richardson, HDR<br />

George Waldow, HDR<br />

Michael Madson, HDR<br />

Attachments:<br />

(1) Phase I/II Archaeological Inventory and Evaluation


August 26, 2010<br />

Roger Trudell, Chairman<br />

Santee Sioux Tribe of Nebraska<br />

108 Spirit Lake Ave W<br />

Niobrara, NE 68760<br />

RE: <strong>Loup</strong> River Hydroelectric Project<br />

Platte and Nance counties, Nebraska<br />

FERC Project No. 1256<br />

Docket No. P-1256-029<br />

Dear Mr. Trudell:<br />

<strong>Loup</strong> River Public <strong>Power</strong> <strong>District</strong> (the <strong>District</strong>) is applying to the Federal Energy<br />

Regulatory Commission (FERC) to relicense the <strong>Loup</strong> River Hydroelectric Project. The<br />

existing license was effective on December 1, 1982, for a term ending April 15, 2014.<br />

<strong>Loup</strong> <strong>Power</strong> <strong>District</strong> is utilizing the Integrated Licensing Process (ILP) for this<br />

relicensing effort.<br />

Relicensing the Project is a Federal undertaking by FERC, and Section 106 of the<br />

National Historic Preservation Act of 1966, as amended (NHPA), requires Federal<br />

agencies to determine whether their undertakings have adverse effects on historic<br />

properties (any site, structure, or other property listed on or eligible for listing on the<br />

National Register of Historic Places [NRHP]) and allow interested parties the<br />

opportunity to comment on decisions and actions that may affect historic properties.<br />

Pursuant to 18 CFR §5.11 and §5.13, the <strong>District</strong> prepared a study plan to gather the<br />

information needed to comply with Section 106 as part of Project Relicensing. On<br />

August 26, 2009, FERC approved the <strong>District</strong>’s study (Study 11.0), as submitted in the<br />

Revised Study Plan on July 27, 2009. The <strong>District</strong> has completed the Phase I/II<br />

Archaeological Inventory and Evaluation of the Project. A copy of the report<br />

accompanies this letter.


At this time we are seeking your input regarding the findings of the report and<br />

continuance of our dialogue towards Section 106 compliance.<br />

Please do not hesitate to contact Michael Madson at HDR or me at (402) 564-3171 if<br />

you have any questions about the Phase I/II Archaeological Inventory and Evaluation.<br />

Sincerely,<br />

Neal Suess<br />

President/CEO<br />

<strong>Loup</strong> <strong>Power</strong> <strong>District</strong><br />

cc (without attachments):<br />

Thelma Thomas, Santee Sioux Tribe of Nebraska<br />

Lee Emery, Federal Energy Regulatory Commission<br />

Janet Hutzel, Federal Energy Regulatory Commission<br />

Ron Ziola, <strong>Loup</strong> <strong>Power</strong> <strong>District</strong><br />

Lisa Richardson, HDR<br />

George Waldow, HDR<br />

Michael Madson, HDR<br />

Attachments:<br />

(1) Phase I/II Archaeological Inventory and Evaluation


August 26, 2010<br />

Amen Sheridan, Chairman<br />

Omaha Tribe of Nebraska<br />

P.O. Box 368<br />

Macy, NE 68039<br />

RE: <strong>Loup</strong> River Hydroelectric Project<br />

Platte and Nance counties, Nebraska<br />

FERC Project No. 1256<br />

Docket No. P-1256-029<br />

Dear Mr. Sheridan:<br />

<strong>Loup</strong> River Public <strong>Power</strong> <strong>District</strong> (the <strong>District</strong>) is applying to the Federal Energy<br />

Regulatory Commission (FERC) to relicense the <strong>Loup</strong> River Hydroelectric Project. The<br />

existing license was effective on December 1, 1982, for a term ending April 15, 2014.<br />

<strong>Loup</strong> <strong>Power</strong> <strong>District</strong> is utilizing the Integrated Licensing Process (ILP) for this<br />

relicensing effort.<br />

Relicensing the Project is a Federal undertaking by FERC, and Section 106 of the<br />

National Historic Preservation Act of 1966, as amended (NHPA), requires Federal<br />

agencies to determine whether their undertakings have adverse effects on historic<br />

properties (any site, structure, or other property listed on or eligible for listing on the<br />

National Register of Historic Places [NRHP]) and allow interested parties the<br />

opportunity to comment on decisions and actions that may affect historic properties.<br />

Pursuant to 18 CFR §5.11 and §5.13, the <strong>District</strong> prepared a study plan to gather the<br />

information needed to comply with Section 106 as part of Project Relicensing. On<br />

August 26, 2009, FERC approved the <strong>District</strong>’s study (Study 11.0), as submitted in the<br />

Revised Study Plan on July 27, 2009. The <strong>District</strong> has completed the Phase I/II<br />

Archaeological Inventory and Evaluation of the Project. A copy of the report<br />

accompanies this letter.


At this time we are seeking your input regarding the findings of the report and<br />

continuance of our dialogue towards Section 106 compliance.<br />

Please do not hesitate to contact Michael Madson at HDR or me at (402) 564-3171 if<br />

you have any questions about the Phase I/II Archaeological Inventory and Evaluation.<br />

Sincerely,<br />

Neal Suess<br />

President/CEO<br />

<strong>Loup</strong> <strong>Power</strong> <strong>District</strong><br />

cc (without attachments):<br />

Antoine A. Provost, Omaha Tribe of Nebraska<br />

Lee Emery, Federal Energy Regulatory Commission<br />

Janet Hutzel, Federal Energy Regulatory Commission<br />

Ron Ziola, <strong>Loup</strong> <strong>Power</strong> <strong>District</strong><br />

Lisa Richardson, HDR<br />

George Waldow, HDR<br />

Michael Madson, HDR<br />

Attachments:<br />

(1) Phase I/II Archaeological Inventory and Evaluation


August 26, 2010<br />

Mr. Robert Puschendorf<br />

State Historic Preservation Office<br />

1500 R Street<br />

P.O. Box 82554<br />

Lincoln, NE 68501-2554<br />

Re: HP#0804-127-01<br />

<strong>Loup</strong> River Hydroelectric Project Relicensing<br />

Historic Building Inventory and Evaluation<br />

Phase I/II Archaeological Inventory and Evaluation<br />

FERC Project No. 1256; Docket No. 1256-029<br />

Dear Mr. Puschendorf:<br />

<strong>Loup</strong> River Public <strong>Power</strong> <strong>District</strong> (the <strong>District</strong>) is applying to the Federal Energy Regulatory<br />

Commission (FERC) to relicense the <strong>Loup</strong> River Hydroelectric Project. The existing license was<br />

effective on December 1, 1982, for a term ending April 15, 2014. The <strong>District</strong> is utilizing the<br />

Integrated Licensing Process (ILP) for this relicensing effort.<br />

Relicensing the Project is a Federal undertaking by FERC, and Section 106 of the National<br />

Historic Preservation Act of 1966, as amended (NHPA), requires Federal agencies to determine<br />

whether their undertakings have adverse effects on historic properties (any site, structure, or other<br />

property listed on or eligible for listing on the National Register of Historic Places [NRHP]) and<br />

allow interested parties the opportunity to comment on decisions and actions that may affect<br />

historic properties.<br />

Pursuant to 18 CFR §5.11 and §5.13 the <strong>District</strong> prepared the Revised Study Plan (RSP)<br />

identifying studies needed for relicensing. The RSP included Study 11.0 – Section 106<br />

Compliance. This plan was coordinated with your office and approved by FERC on<br />

August 26, 2009. Study 11.0 – Section 106 Compliance, includes the following six elements:<br />

• Phase IA Archaeological Overview<br />

• Phase I Archaeological Inventory and Evaluation<br />

• Ethnographic Documentation<br />

• Historic <strong>District</strong> Inventory and Evaluation<br />

• Historic Properties Management Plan<br />

• Executed Programmatic Agreement<br />

The Phase IA Archaeological Overview was submitted to your office in October 2009 and your<br />

office concurred with the findings.<br />

The <strong>District</strong> has now completed the Phase I/II Archaeological Inventory and Evaluation and the<br />

Historic Buildings Inventory and Evaluation. Copies of these reports accompany this letter.


At this time we are seeking concurrence from your office regarding the findings of the Phase I/II<br />

Archaeological Inventory and Evaluation and the Historic Buildings Inventory and Evaluation and<br />

would like to further our dialogue towards development of the Historic Properties Management<br />

Plan and Programmatic Agreement to achieve Section 106 compliance.<br />

Please do not hesitate to contact Mike Madson (HDR) at (763) 278-5921 or me at (402) 564-3171<br />

if you have any questions about these reports. We look forward to working with your office<br />

throughout the relicensing effort and beyond.<br />

Sincerely,<br />

Neal Suess<br />

President/CEO<br />

<strong>Loup</strong> <strong>Power</strong> <strong>District</strong><br />

cc (without attachments):<br />

Lee Emery, Federal Energy Regulatory Commission<br />

Janet Hutzel, Federal Energy Regulatory Commission<br />

Ron Ziola, <strong>Loup</strong> <strong>Power</strong> <strong>District</strong><br />

Lisa Richardson, HDR<br />

George Waldow, HDR<br />

Joe Trnka, HDR<br />

Michael Madson, HDR<br />

Attachments:<br />

(1) Phase I/II Archaeological Inventory and Evaluation<br />

(2) Historic Buildings Inventory and Evaluation


August 26, 2010<br />

Ansley Griffin, Chairman<br />

Omaha Tribal Council<br />

Omaha Tribe of Nebraska<br />

P.O. Box 368<br />

Macy, NE 68039<br />

RE: <strong>Loup</strong> River Hydroelectric Project<br />

Platte and Nance counties, Nebraska<br />

FERC Project No. 1256<br />

Docket No. P-1256-029<br />

Dear Mr. Griffin:<br />

<strong>Loup</strong> River Public <strong>Power</strong> <strong>District</strong> (the <strong>District</strong>) is applying to the Federal Energy<br />

Regulatory Commission (FERC) to relicense the <strong>Loup</strong> River Hydroelectric Project. The<br />

existing license was effective on December 1, 1982, for a term ending April 15, 2014.<br />

<strong>Loup</strong> <strong>Power</strong> <strong>District</strong> is utilizing the Integrated Licensing Process (ILP) for this<br />

relicensing effort.<br />

Relicensing the Project is a Federal undertaking by FERC, and Section 106 of the<br />

National Historic Preservation Act of 1966, as amended (NHPA), requires Federal<br />

agencies to determine whether their undertakings have adverse effects on historic<br />

properties (any site, structure, or other property listed on or eligible for listing on the<br />

National Register of Historic Places [NRHP]) and allow interested parties the<br />

opportunity to comment on decisions and actions that may affect historic properties.<br />

Pursuant to 18 CFR §5.11 and §5.13, the <strong>District</strong> prepared a study plan to gather the<br />

information needed to comply with Section 106 as part of Project Relicensing. On<br />

August 26, 2009, FERC approved the <strong>District</strong>’s study (Study 11.0), as submitted in the<br />

Revised Study Plan on July 27, 2009. The <strong>District</strong> has completed the Phase I/II<br />

Archaeological Inventory and Evaluation of the Project. A copy of the report<br />

accompanies this letter.


At this time we are seeking your input regarding the findings of the report and<br />

continuance of our dialogue towards Section 106 compliance.<br />

Please do not hesitate to contact Michael Madson at HDR or me at (402) 564-3171 if<br />

you have any questions about the Phase I/II Archaeological Inventory and Evaluation.<br />

Sincerely,<br />

Neal Suess<br />

President/CEO<br />

<strong>Loup</strong> <strong>Power</strong> <strong>District</strong><br />

cc: Lee Emery, Federal Energy Regulatory Commission<br />

Janet Hutzel, Federal Energy Regulatory Commission<br />

Ron Ziola, <strong>Loup</strong> <strong>Power</strong> <strong>District</strong><br />

Lisa Richardson, HDR<br />

George Waldow, HDR<br />

Michael Madson, HDR<br />

Attachments:<br />

(1) Phase I/II Archaeological Inventory and Evaluation


Selzle, Lydia<br />

From: Pillard, Matt<br />

Sent: Friday, August 27, 2010 8:03 AM<br />

To: frank.albrecht@nebraska.gov; john.bender@nebraska.gov; jeff_runge@fws.gov;<br />

robert_harms@fws.gov; barbara.j.friskopp@usace.army.mil; abaum@upperloupnrd.org;<br />

randy_thoreson@nps.gov; bob.puschendorf@nebraska.gov; mkuzila1@unl.edu;<br />

david.jundt@dhhs.ne.gov; jmiyoshi@lpnnrd.org; steve.chick@ne.usda.gov;<br />

pcclerk@megavision.com; cityadmin@cablene.com; ncpza@hamilton.net;<br />

rbishop@cpnrd.org; jwinkler@papionrd.org; lpsnrd@lpsnrd.org; jmangi@columbusne.us;<br />

cgenoa@cablene.com; monroe@megavision.com; calms@neb.rr.com; danno@nohva.com;<br />

mbrown9@unl.edu; rtrudell@santeedakota.org; jblackhawk@aol.com;<br />

vwills@pawneenation.org; Brian.Dunnigan@nebraska.gov; msittler@lpsnrd.org;<br />

butchk@nctc.net; robertm@llnrd.org; jmsunne@nppd.com; jalexand@usgs.gov;<br />

jjshadl@nppd.com; cothern.joe@epa.gov; justin.lavene@nebraska.gov;<br />

bobbie.wickham@nebraska.gov; kennyj@headwaterscorp.com; mferguson@gp.usbr.gov;<br />

Willie_Taylor@ios.doi.gov; Robert_F_Stewart@ios.doi.gov; jeddins@achp.gov;<br />

kenneth.sessa@dhs.gov; peggy.harding@ferc.gov; djjarecke@clarkswb.net;<br />

al.berndt@nebraska.gov; astuthman@leg.ne.gov; ksullivan@leg.ne.gov;<br />

clangemeier@leg.ne.gov; adubas@leg.ne.gov; chairmanrhodd@ponca.com;<br />

asheridan@omahatribe.com; don_simpson@blm.gov; nicholas.jayjack@ferc.gov;<br />

jill.dolberg@nebraska.gov; prescott.brownell@noaa.gov; marvp@megavision.com;<br />

lewrightjr@gmail.com; thowe@ponca.com; zach_nelson@bennelson.senate.gov;<br />

julias@poncatribe2ne.org; todd.crawford@mail.house.gov; louis2pofahl@mail.house.gov;<br />

emily_brummund@johanns.senate.gov; deb.vanmatre@mail.house.gov; tpetr@loup.com;<br />

mike.black@bia.gov; janet.hutzel@ferc.gov; isis.johnson@ferc.gov; lee.emery@ferc.gov;<br />

paul.makowski@ferc.gov<br />

Cc: Angel Robak; Jim Frear; Neil Suess; Ron Ziola; Damgaard, Quinn V.; Engelbert, Pat; Frame,<br />

Gail; Grennan, Dennis E.; Hunt, George; Madson, Michael J.; Pillard, Matt; Richardson, Lisa<br />

(Omaha); Sigler, Bill; Thompson, Wendy; Waldow, George; White, Stephanie<br />

Subject: <strong>Loup</strong> <strong>Power</strong> <strong>District</strong> 2 FERC Relicensing: Initial Study Report Filing and Study Results Meeting<br />

Relicensing <strong>Part</strong>icipants:<br />

<strong>Loup</strong> <strong>Power</strong> <strong>District</strong> has electronically filed its Initial Study Report (ISR) with FERC. The report is available on FERC’s e2<br />

library and on the <strong>District</strong>’s relicensing website: http://www.loup.com/relicense/.<br />

The ISR includes study reports for the following completed studies:<br />

1 – Sedimentation<br />

7 – Fish Passage<br />

8 – Interim Recreation Telephone Survey<br />

10 – Land Use Inventory<br />

Additionally, the ISR provides a progress summary for the other studies.<br />

The <strong>District</strong> will hold the Initial Study Results meeting on September 9 th at the New World Inn, 265 33 rd Ave, Columbus,<br />

Nebraska. Please RSVP to Angell Robak at arobak@loup.com or (402) 56423171, ext. 275.<br />

For those not able to attend in person, but wishing to do so via conference call, meeting materials will be posted to:<br />

http://www.loup.com/relicense/html/agencymeetingsresources.html in advance of the meeting (by end of day 9/8/10). Dial2<br />

in information is as follows:<br />

12866299426437<br />

Passcode: 4023994909<br />

Please bring your own copy of the Initial Study Report and come ready to discuss; we have a lot of material to cover and<br />

will start promptly at 8:30 AM.<br />

We look forward to seeing you on September 9 th .<br />

1


Selzle, Lydia<br />

From: Pillard, Matt<br />

Sent: Wednesday, September 08, 2010 2:19 PM<br />

To: frank.albrecht@nebraska.gov; john.bender@nebraska.gov; jeff_runge@fws.gov;<br />

robert_harms@fws.gov; barbara.j.friskopp@usace.army.mil; abaum@upperloupnrd.org;<br />

randy_thoreson@nps.gov; bob.puschendorf@nebraska.gov; mkuzila1@unl.edu;<br />

david.jundt@dhhs.ne.gov; jmiyoshi@lpnnrd.org; steve.chick@ne.usda.gov;<br />

pcclerk@megavision.com; cityadmin@cablene.com; ncpza@hamilton.net;<br />

rbishop@cpnrd.org; jwinkler@papionrd.org; lpsnrd@lpsnrd.org; jmangi@columbusne.us;<br />

cgenoa@cablene.com; monroe@megavision.com; calms@neb.rr.com; danno@nohva.com;<br />

mbrown9@unl.edu; rtrudell@santeedakota.org; jblackhawk@aol.com;<br />

vwills@pawneenation.org; bdunnigan@dnr.ne.gov; msittler@lpsnrd.org; butchk@nctc.net;<br />

robertm@llnrd.org; jmsunne@nppd.com; jalexand@usgs.gov; jjshadl@nppd.com;<br />

cothern.joe@epa.gov; justin.lavene@nebraska.gov; bobbie.wickham@nebraska.gov;<br />

kennyj@headwaterscorp.com; mferguson@gp.usbr.gov; Willie_Taylor@ios.doi.gov;<br />

Robert_F_Stewart@ios.doi.gov; jeddins@achp.gov; kenneth.sessa@dhs.gov;<br />

peggy.harding@ferc.gov; djjarecke@clarkswb.net; al.berndt@nebraska.gov;<br />

astuthman@leg.ne.gov; ksullivan@leg.ne.gov; clangemeier@leg.ne.gov; adubas@leg.ne.gov;<br />

chairmanrhodd@ponca.com; asheridan@omahatribe.com; don_simpson@blm.gov;<br />

nicholas.jayjack@ferc.gov; jill.dolberg@nebraska.gov; prescott.brownell@noaa.gov;<br />

marvp@megavision.com; lewrightjr@gmail.com; thowe@ponca.com;<br />

zach_nelson@bennelson.senate.gov; julias@poncatribe-ne.org;<br />

todd.crawford@mail.house.gov; louis-pofahl@mail.house.gov;<br />

emily_brummund@johanns.senate.gov; deb.vanmatre@mail.house.gov; tpetr@loup.com;<br />

mike.black@bia.gov; janet.hutzel@ferc.gov; isis.johnson@ferc.gov; lee.emery@ferc.gov;<br />

paul.makowski@ferc.gov<br />

Cc: Angel Robak; Jim Frear; Neil Suess; Ron Ziola; Damgaard, Quinn V.; Engelbert, Pat; Frame,<br />

Gail; Grennan, Dennis E.; Hunt, George; Madson, Michael J.; Richardson, Lisa (Omaha);<br />

Sigler, Bill; Thompson, Wendy; Waldow, George; White, Stephanie<br />

Subject: RE: <strong>Loup</strong> <strong>Power</strong> <strong>District</strong> - FERC Relicensing: Study Report and Study Results Meeting<br />

Relicensing <strong>Part</strong>icipants:<br />

The presentation for tomorrow's Initial Study Report meeting is now available on<br />

www.loup.com\relicense. Call in instructions can also be found there (and below).<br />

Thank you.<br />

Matt Pillard, AICP<br />

Senior Environmental Planner<br />

HDR | ONE COMPANY | Many Solutions Sol<br />

8404 Indian Hills Drive | Omaha, NE | 68114-4098<br />

Phone: 402.399.1186 | Fax: 402.399.1111<br />

Email: Matt.Pillard@hdrinc.com<br />

From: Pillard, Matt<br />

Sent: Friday, August 06, 2010 3:12 PM<br />

To: frank.albrecht@nebraska.gov; john.bender@nebraska.gov; jeff_runge@fws.gov; robert_harms@fws.gov;<br />

1


arbara.j.friskopp@usace.army.mil; abaum@upperloupnrd.org; randy_thoreson@nps.gov;<br />

bob.puschendorf@nebraska.gov; mkuzila1@unl.edu; david.jundt@dhhs.ne.gov; jmiyoshi@lpnnrd.org;<br />

steve.chick@ne.usda.gov; pcclerk@megavision.com; cityadmin@cablene.com; ncpza@hamilton.net; rbishop@cpnrd.org;<br />

jwinkler@papionrd.org; lpsnrd@lpsnrd.org; jmangi@columbusne.us; cgenoa@cablene.com; monroe@megavision.com;<br />

calms@neb.rr.com; danno@nohva.com; mbrown9@unl.edu; rtrudell@santeedakota.org; jblackhawk@aol.com;<br />

vwills@pawneenation.org; bdunnigan@dnr.ne.gov; msittler@lpsnrd.org; butchk@nctc.net; robertm@llnrd.org;<br />

jmsunne@nppd.com; jalexand@usgs.gov; jjshadl@nppd.com; cothern.joe@epa.gov; justin.lavene@nebraska.gov;<br />

bobbie.wickham@nebraska.gov; kennyj@headwaterscorp.com; mferguson@gp.usbr.gov; Willie_Taylor@ios.doi.gov;<br />

Robert_F_Stewart@ios.doi.gov; jeddins@achp.gov; kenneth.sessa@dhs.gov; peggy.harding@ferc.gov;<br />

djjarecke@clarkswb.net; al.berndt@nebraska.gov; astuthman@leg.ne.gov; ksullivan@leg.ne.gov;<br />

clangemeier@leg.ne.gov; adubas@leg.ne.gov; chairmanrhodd@ponca.com; asheridan@omahatribe.com;<br />

don_simpson@blm.gov; nicholas.jayjack@ferc.gov; jill.dolberg@nebraska.gov; prescott.brownell@noaa.gov;<br />

marvp@megavision.com; lewrightjr@gmail.com; thowe@ponca.com; zach_nelson@bennelson.senate.gov;<br />

julias@poncatribe/ne.org; todd.crawford@mail.house.gov; louis/pofahl@mail.house.gov;<br />

emily_brummund@johanns.senate.gov; deb.vanmatre@mail.house.gov; tpetr@loup.com; mike.black@bia.gov;<br />

janet.hutzel@ferc.gov; isis.johnson@ferc.gov; lee.emery@ferc.gov; paul.makowski@ferc.gov<br />

Cc: Angel Robak; Jim Frear; Neil Suess; Ron Ziola; Damgaard, Quinn V.; Engelbert, Pat; Frame, Gail; Grennan, Dennis E.;<br />

Hunt, George; Madson, Michael J.; Pillard, Matt; Richardson, Lisa (Omaha); Sigler, Bill; Thompson, Wendy; Waldow,<br />

George; White, Stephanie<br />

Subject: <strong>Loup</strong> <strong>Power</strong> <strong>District</strong> / FERC Relicensing: Study Report and Study Results Meeting<br />

Relicensing <strong>Part</strong>icipants:<br />

This e-mail is to remind you of the Initial Study Results meeting scheduled for September 9 th at the New World Inn, 265<br />

33 rd Ave, Columbus, Nebraska. Please RSVP to Angell Robak at arobak@loup.com or (402) 564-3171, ext. 275.<br />

For those not able to attend in person, but wishing to do so via conference call, meeting materials will be posted to:<br />

http://www.loup.com/relicense/html/agencymeetingsresources.html in advance of the meeting (by end of day 9/8/10).<br />

Dial-in information is as follows:<br />

1-866-994-6437<br />

Passcode: 4023994909<br />

On August 26, 2010, the <strong>District</strong> will be submitting the Initial Study Report (ISR) to FERC, it will also be posted on the<br />

website at http://www.loup.com/relicense (link). This report will include study reports for the following completed<br />

studies:<br />

1 – Sedimentation<br />

7 – Fish Passage<br />

10 – Land Use Inventory<br />

Additionally, the ISR will provide a progress summary for the other reports.<br />

Please come ready to discuss; we have a lot of material to cover and will start promptly at 8:30 AM.<br />

Please bring your own copy of the Initial Study Report. It can be found online after 8/26/10.<br />

We look forward to seeing you on September 9 th .<br />

Matt Pillard, AICP<br />

Senior Environmental Planner<br />

HDR | ONE COMPANY | Many Solutions Sol<br />

2


From: Richardson, Lisa (Omaha)<br />

To: Thompson, Wendy<br />

Subject: FW: ISR Questions<br />

Date: Wednesday, September 08, 2010 10:06:00 AM<br />

Wendy – please add to PW and the DB. Thanks!<br />

From: Engelbert, Pat<br />

Sent: Wednesday, September 08, 2010 7:51 AM<br />

To: Jeff_Runge@fws.gov<br />

Cc: Richardson, Lisa (Omaha)<br />

Subject: FW: ISR Questions<br />

Jeff,<br />

Thanks for sending your questions. We have provided responses below. If you have any additional<br />

questions, please don’t hesitate to call or e-mail.<br />

See you tomorrow.<br />

Pat<br />

From: Jeff_Runge@fws.gov [mailto:Jeff_Runge@fws.gov]<br />

Sent: Friday, September 03, 2010 12:28 PM<br />

To: Engelbert, Pat<br />

Cc: Robert_Harms@fws.gov<br />

Subject: ISR Questions<br />

As we have discussed earlier this week, I was interested in forwarding questions to HDR prior to next<br />

week's meeting, so that HDR would be able to provide insight prior to the ISR meeting. I have included<br />

my questions below. An email response would be helpful, or we can discuss by phone. I will be in the<br />

office the afternoon of the 7th and all day on the 8th.<br />

I appreciate the offer for early coordination. This should speed up any discussions on the 9th.<br />

Jeff<br />

*******************************<br />

Jeff Runge<br />

Fish and Wildlife Biologist<br />

U.S. Fish and Wildlife Service<br />

203 W. Second Street<br />

Grand Island, NE 68801<br />

(308) 382-6468, Ext. 22<br />

(308) 379-8553 Cell<br />

********************************<br />

General Questions<br />

Would it be possible to get either a spreadsheet or database information on sediment transported for


each year in the period of record for each streamgage site?<br />

As you would expect, the spreadsheets are rather cumbersome with numerous large equations<br />

and cell references. If you could provide us an idea of what information you want, we may be able<br />

to clean them up and make them more user friendly.<br />

Why was only the period from 1984 through 2009 evaluated for sediment transport?<br />

The period of record of 1984 through 2009 were chosen for several reasons:<br />

1) The study period was selected to correspond with available tern and plover information<br />

which is available starting in 1986. Starting in 1984 allowed us to evaluate a two year lag.<br />

2) The USGS cross sectional information is only available, electronically, starting in 1984.<br />

3) 2009 was chosen as the stopping point because it is the latest year with a full year of data.<br />

Note that there is bird data available back to 1983. However, the locations associated with the<br />

data were not recorded until 1986.<br />

Questions for Table 4-3.<br />

Does the 2,005,000 tons/year represent sediment deposited on the North Sand Management Area and<br />

the South Sand Management Area?<br />

Yes, the 2,005,000 tons/year is the average total amount dredged per year from 1975 through<br />

2009. Of the 2,005,000 tons/year, 1,445,000 tons/year are deposited on the North Sand<br />

Management Area and 560,000 tons/year are deposited on the South Sand Management Area.<br />

Based on calculations, does sediment passing through the canal represent a portion of the 2,005,000<br />

tons/year of sediment removed from the settling basin?<br />

For this analysis, it was assumed that the settling basin was able to trap all sediment passing down<br />

the canal and that the dredge was able to remove it all.<br />

Questions for Table 5-1.<br />

Is the 560,000 tons/yr of sand dredged to the South Sand Management Area represented as a portion<br />

of the 2,004,800 tons/ yr removed from the settling basin or does it represent a withdrawal of sediment<br />

in addition to the amount removed from the Settling Basin?<br />

As stated above, the 2,005,000 tons/year is the average total amount dredged per year from 1975<br />

through 2009. Of the 2,005,000 tons/year, 1,445,000 tons/year are deposited on the North Sand<br />

Management Area and 560,000 tons/year are deposited on the South Sand Management Area.<br />

I may be wrong but there may be a slight error in sediment supply calculations (I know that this<br />

depends on how above questions are calculated). If the subbasin total above diversion weir is<br />

4,179,000 tons/yr and the sediment removed from the settling basin and passing down the canal is


2,004,800 tons/yr and 700,000 tons/year, respectively, then subbasin total below the diversion weir<br />

should be 1,474,300 tons/yr. Not a big difference in the overall significance sediment yield. However,<br />

this potential error (if realized) is translated through the remaining downstream sediment yield<br />

calculations.<br />

Below is the equation we used to obtain the estimate for the subbasin total below <strong>Power</strong> Canal<br />

Diversion Dam near Genoa:<br />

Subbasin Total at Genoa above <strong>Power</strong> Canal Diversion Dam – (Sediment removed from <strong>Loup</strong> Public<br />

<strong>Power</strong> Canal Settling Basin + Sediment Passing down <strong>Loup</strong> <strong>Power</strong> Canal) + South Sand<br />

Management Area return = Subbasin Total below <strong>Power</strong> Canal Diversion Dam near Genoa<br />

4,179,000 – (2,005,000 + 700,000) + 560,000 = 2,034,000<br />

Questions for Table 5-3.<br />

What differences in sediment transport variables have resulted in the slightly higher sediment transport<br />

capacity at Genoa compared to Columbus?<br />

There are two main reasons for the slightly higher sediment transport capacity at Genoa as<br />

compared to Columbus. First, there was only limited data from which to generate the sediment<br />

discharge rating curve. Recall that the gage was re-established in 2008, so we only had two years<br />

of measurements to generate a sediment discharge rating curve, as opposed to 25 years of<br />

electronic cross section information available for the gage at Genoa. And second, there was no<br />

USGS sediment discharge data available with which to calibrate the sediment discharge curve for<br />

Columbus. We used the measurements at Genoa as an approximation.


Project: <strong>Loup</strong> River Hydroelectric Project<br />

FERC Project No. 1256<br />

Subject: Initial Study Results Meeting Summary<br />

Meeting<br />

Date:<br />

<strong>Loup</strong> <strong>Power</strong> <strong>District</strong><br />

Columbus, NE<br />

September 9, 2010, 8:30 am – 5:00 pm<br />

Notes by: <strong>Loup</strong> <strong>Power</strong> <strong>District</strong><br />

P.O. Box 988<br />

2404 15 th Street<br />

Columbus, NE 68602-0988<br />

Initial Study Results<br />

Meeting Summary<br />

Meeting Location: New World Inn, Columbus, NE<br />

NOTES revised October 26, 2010 per comments received from attendees.<br />

<strong>Loup</strong> River Public <strong>Power</strong> <strong>District</strong> (<strong>Loup</strong> <strong>Power</strong> <strong>District</strong> or the <strong>District</strong>) filed its Initial Study Report (ISR)<br />

with the Federal Energy Regulatory Commission (FERC) on August 26, 2010, as part of relicensing the <strong>Loup</strong><br />

River Hydroelectric Project (FERC Project No. 1256) and in accordance with the regulations of FERC’s<br />

Integrated Licensing Process (ILP) (18 Code of Federal Regulations [CFR] 5). Subsequently, the Initial<br />

Study Results were presented to FERC and other relicensing participants during the Initial Study Results<br />

Meeting held on September 9, 2010, at the New World Inn (265 33 rd Street) in Columbus, Nebraska. The<br />

proceedings of that meeting are presented in this Initial Study Results Meeting Summary, which follows the<br />

organization of the agenda for the meeting.<br />

The meeting agenda and handout of the slide presentation are included as Attachments A and B, respectively.<br />

Welcome and Introductions<br />

Neal Suess (<strong>Loup</strong> <strong>Power</strong> <strong>District</strong>) and Stephanie White (HDR) provided those attending the Initial Study<br />

Results Meeting with an overview of the agenda and the goals for the meeting. The meeting goals and the list<br />

of attendees are provided below.<br />

Meeting Goals<br />

The goals of the Initial Study Results Meeting were the following:<br />

• To present the results of completed studies identified in the Revised Study Plan and Study Plan<br />

Determination.<br />

• To discuss any proposals to modify the study plan (by the <strong>District</strong> or other participants) in light of<br />

study progress and data collected.<br />

Phone (866) 869-2087<br />

Fax (402) 564-0970<br />

www.loup.com<br />

Page 1 of 18


<strong>Loup</strong> River Hydroelectric Project<br />

FERC Project No. 1256<br />

Initial Study Results Meeting Summary<br />

Attendees:<br />

The following agency and <strong>District</strong> representatives attended the Initial Study Results Meeting:<br />

Name Organization Name Organization<br />

Chris Pracheil NDEQ Janet Hutzel (via phone) FERC<br />

Shuhai Zheng NDNR Nick Jayjack FERC<br />

Frank Albrecht NGPC Isis Johnson FERC<br />

Richard Holland NGPC Paul Makowski FERC<br />

Joel Jorgensen NGPC Mike Gutzmer New Century<br />

Michelle Koch NGPC<br />

Environmental LLC<br />

Jeff Schuckman NGPC Bob Clausen <strong>Loup</strong> <strong>Power</strong> <strong>District</strong><br />

Dave Tunink NGPC Jim Frear <strong>Loup</strong> <strong>Power</strong> <strong>District</strong><br />

Justin King NPPD Theresa Petr <strong>Loup</strong> <strong>Power</strong> <strong>District</strong><br />

Jim Jenniges NPPD Neal Suess <strong>Loup</strong> <strong>Power</strong> <strong>District</strong><br />

John Shadle NPPD Ron Ziola <strong>Loup</strong> <strong>Power</strong> <strong>District</strong><br />

Randy Thoreson (via phone) NPS Pat Engelbert HDR<br />

Jerry Kenny PRRIP Gary Lewis HDR<br />

Mary Bomberger-Brown TPCP Matt Pillard HDR<br />

Tom Econopouly (via phone) USFWS Lisa Richardson HDR<br />

Mike George USFWS Scott Stuewe HDR<br />

Robert Harms USFWS Wendy Thompson HDR<br />

Jeff Runge USFWS George Waldow HDR<br />

Lee Emery FERC Stephanie White HDR<br />

Integrated Licensing Process Overview<br />

Lisa Richardson (HDR) discussed the overall relicensing process for the <strong>Loup</strong> River Hydroelectric Project<br />

(Project). She also gave a brief summary of the Study Plan Determination.<br />

FERC issued its Study Plan Determination on August 26, 2009. In the Study Plan Determination, they<br />

removed three studies, the deletion of which had already been agreed to by the participating agencies:<br />

• Water Temperature in the Platte River<br />

• Fish Sampling<br />

• Creel Survey<br />

FERC approved three studies without modification:<br />

• Fish Passage<br />

• Land Use Inventory<br />

• Section 106 Compliance<br />

FERC also modified six studies based on agency comments:<br />

• Sedimentation<br />

• Hydrocycling<br />

• Water Temperature in the <strong>Loup</strong> River Bypass Reach<br />

• Flow Depletion and Flow Diversion<br />

• Recreation Use<br />

• Ice Jam Flooding on the <strong>Loup</strong> River<br />

<strong>Loup</strong> <strong>Power</strong> <strong>District</strong><br />

Columbus, NE<br />

P.O. Box 988<br />

2404 15 th Street<br />

Columbus, NE 68602-0988<br />

Phone (866) 869-2087<br />

Fax (402) 564-0970<br />

www.loup.com<br />

Page 2 of 18


<strong>Loup</strong> River Hydroelectric Project<br />

FERC Project No. 1256<br />

Initial Study Results Meeting Summary<br />

Finally, Richardson briefly discussed the next steps in the process, which include preparation of this Initial<br />

Study Results Meeting Summary and an opportunity for relicensing participants to submit comments.<br />

2010 Weather<br />

Lisa Richardson discussed the weather experienced in Nebraska during this past spring. Spring 2010 brought<br />

high winds, higher than normal precipitation, and widespread flooding throughout Nebraska. Richardson<br />

shared that the majority of Nebraska’s 93 counties, including areas within the <strong>Loup</strong> and Platte River basins,<br />

were subjected to heavy flooding, and many counties, including Nance and Platte counties, were declared<br />

disaster areas by the governor. Therefore, the weather has had ramifications on topographic and hydraulic<br />

surveys and associated studies which were discussed later.<br />

Progress Update for Ongoing Studies<br />

Members of the Project team from HDR provided progress updates for the five studies that are ongoing:<br />

• Study 2.0, Hydrocycling<br />

• Study 4.0, Water Temperature in the <strong>Loup</strong> River Bypass Reach<br />

• Study 5.0, Flow Depletion and Flow Diversion<br />

• Study 8.0, Recreation Use<br />

• Study 12.0, Ice Jam Flooding on the <strong>Loup</strong> River<br />

After each progress update was given, the other meeting attendees had an opportunity to ask questions and<br />

offer comments on the respective study.<br />

Study 2.0, Hydrocycling<br />

Progress Update:<br />

Pat Engelbert (HDR) and Matt Pillard (HDR) presented the progress update of the hydrocycling study. It was<br />

noted that cross section information was obtained in mid-April, May, and June due to high flows. End of the<br />

nesting season cross sections were collected in early September. The results of the hydrocycling study will be<br />

provided in the Updated Initial Study Report on January 6, 2011.<br />

Discussion:<br />

• Q: Lee Emery (FERC) asked how much higher than normal the flows have been this year.<br />

A: Pat Engelbert (HDR) responded that flow is normally in the hundreds of cubic feet per second<br />

(cfs) during August, and this year, flows have been in the thousands of cfs.<br />

• Q: Isis Johnson (FERC) asked where the identified time frames for nesting and departures came<br />

from.<br />

A: Matt Pillard (HDR) responded that there is not a set date when the birds arrive and when they<br />

leave, but rather it is a range of time. These time frames were developed with coordination from the<br />

Nebraska Game and Parks Commission and the Tern and Plover Conservation <strong>Part</strong>nership as well as<br />

with the body of knowledge of existing historical data.<br />

• Q: Paul Makowski (FERC) asked if the sediment transport component within HEC-RAS would be<br />

used to model sediment.<br />

A: Pat Engelbert (HDR) explained that the team would evaluate that based on available data.<br />

Engelbert indicated that they would evaluate the effects of project operations using the sediment<br />

<strong>Loup</strong> <strong>Power</strong> <strong>District</strong><br />

Columbus, NE<br />

P.O. Box 988<br />

2404 15 th Street<br />

Columbus, NE 68602-0988<br />

Phone (866) 869-2087<br />

Fax (402) 564-0970<br />

www.loup.com<br />

Page 3 of 18


<strong>Loup</strong> River Hydroelectric Project<br />

FERC Project No. 1256<br />

Initial Study Results Meeting Summary<br />

<strong>Loup</strong> <strong>Power</strong> <strong>District</strong><br />

Columbus, NE<br />

transport calculations that were performed for the sedimentation study and evaluating the “run-ofriver”<br />

alternative. It would be very difficult to calibrate a sediment transport model with the limited<br />

amount of sediment data available.<br />

CLARIFICATION: Mr. Engelbert’s statement at the ISR meeting that “Initially we will set up the<br />

model and make some runs to provide us an idea of how things have changed.” was meant to indicate<br />

that the HEC-RAS models would be developed and executed and the hydraulics between the two<br />

cross sections would be compared. However, per FERC’s request, the <strong>District</strong> will also use the<br />

sediment transport module within HEC-RAS.<br />

Study 4.0, Water Temperature in the <strong>Loup</strong> River Bypass Reach<br />

Progress Update:<br />

Lisa Richardson (HDR) presented the progress update of the study of water temperature in the <strong>Loup</strong> River<br />

bypass reach. It was noted that this study has missing data due to high flow and washout of a gage. It was<br />

determined at the RSP meetings that the critical time for data collection is in Late July/ Early August;<br />

however, due to higher than normal flows, data collection occurred August 13-23. The results of the study of<br />

water temperature in the <strong>Loup</strong> River bypass reach will be provided in the Updated Initial Study Report on<br />

January 6, 2011.<br />

Discussion:<br />

• Q: David Tunink (NGPC) asked how, with the higher than normal flows this year, analysis for low<br />

flows would be handled.<br />

A: Lisa Richardson (HDR) explained that even with no low flows, water temperature standards have<br />

been exceeded.<br />

• Q: Chris Pracheil (NDEQ) asked if historic data includes bypass temperature data.<br />

A: Richardson noted that there is no historic temperature data in the bypass reach. The only historic<br />

temperature data near the Project has been collected from one gage on the Platte River near<br />

Louisville.<br />

• Q: Jeff Runge (USFWS) asked if the Columbus gage is located where it was gaged in the 1970s and<br />

1980s.<br />

A: Richardson noted that the Columbus gage is in the same location on the U.S. Highway 81 bridge.<br />

Study 5.0, Flow Depletion and Flow Diversion<br />

Progress Update:<br />

Pat Engelbert (HDR) and Matt Pillard (HDR) presented the progress update of the flow depletion and flow<br />

diversion study. It was noted that cross section information was obtained for the ungaged sites in mid-April,<br />

May, and June due to high flows. Low flow cross sections were collected in early September. The results of<br />

the flow depletion and flow diversion study will be provided in the Updated Initial Study Report on January<br />

6, 2011.<br />

Discussion:<br />

• Q: Mike George (USFWS) asked what characteristics are being referred to when we say <strong>Loup</strong> River<br />

characteristics both above and below the diversion.<br />

A: Pillard (HDR) noted that the data collection methodology was discussed with the Nebraska Game<br />

and Parks Commission and the U.S. Fish and Wildlife Service. The characteristics that would be<br />

P.O. Box 988<br />

2404 15 th Street<br />

Columbus, NE 68602-0988<br />

Phone (866) 869-2087<br />

Fax (402) 564-0970<br />

www.loup.com<br />

Page 4 of 18


<strong>Loup</strong> River Hydroelectric Project<br />

FERC Project No. 1256<br />

Initial Study Results Meeting Summary<br />

<strong>Loup</strong> <strong>Power</strong> <strong>District</strong><br />

Columbus, NE<br />

observed include the width of sandbars, whether sandbars are isolated or point bars, whether they are<br />

vegetated or unvegetated, and whether the banks were vegetated or unvegetated.<br />

Study 8.0, Recreation Use<br />

Progress Update:<br />

Lisa Richardson (HDR) presented the progress update of the recreation use study. It was noted that a study<br />

plan for Recreation Use of the <strong>Loup</strong> River Bypass Reach was developed in coordination with the National<br />

Park Service, the Nebraska Game and Parks Commission, and FERC. The results of the recreation use study<br />

will be provided in the Updated Initial Study Report on January 6, 2011.<br />

Discussion:<br />

• Q: Randy Thoreson (NPS) asked why the study area for the recreation survey of the <strong>Loup</strong> River<br />

bypass reach presented in the slide show at the Initial Study Results Meeting (slide 37) appears to be<br />

different than the study area discussed in the Initial Study Report (pages 8-1 and 8-2). Thoreson<br />

pointed out that the slide show indicates that the <strong>Loup</strong> River bypass reach survey includes 2 public<br />

parks, 4 wildlife management areas, and 3 public road bridges but that the Initial Study Report lists<br />

only the <strong>Loup</strong> Lands Wildlife Management Area (WMA).<br />

A: Lisa Richardson (HDR) explained that the entire bypass reach is being studied, and the locations<br />

listed on the slide indicate where the public can access the <strong>Loup</strong> River bypass reach. For the purpose<br />

of the study, we are not collecting recreation data at the non-<strong>District</strong>-owned public parks, but instead,<br />

we are using those parks as locations where we can access and observe the river.<br />

• Q: Thoreson asked if FERC is going to determine whether the recreation surveys should be extended<br />

into the winter and if he would have an opportunity to comment on that before a decision is made.<br />

A: Janet Hutzel (FERC) noted that a decision would be made based on the results of the telephone<br />

surveys and that FERC would accept agency comments prior to making that decision.<br />

• Q: Thoreson asked why creel surveys were not conducted in the <strong>Loup</strong> River bypass reach.<br />

A: Richardson explained that FERC’s Study Plan Determination specifically required only recreation<br />

surveys on the bypass reach. Although the survey proctors are noting whether people are fishing in<br />

the <strong>Loup</strong> River bypass reach, the actual Nebraska Game and Parks Commission creel survey is not<br />

being conducted. The purpose of the creel survey on the canal is to help the <strong>District</strong> manage those<br />

fisheries, and this is not a purpose for the <strong>District</strong> beyond the Project Boundary.<br />

Study 12.0, Ice Jam Flooding on the <strong>Loup</strong> River<br />

Progress Update:<br />

George Waldow (HDR) presented the progress update of the study of ice jam flooding on the <strong>Loup</strong> River. It<br />

was noted that the <strong>District</strong> contracted the U.S. Army Corps of Engineers (USACE) Omaha <strong>District</strong> to conduct<br />

this study. The results of the study of ice jam flooding on the <strong>Loup</strong> River will be provided in the Updated<br />

Initial Study Report on January 6, 2011.<br />

Discussion:<br />

• Q: Lee Emery (FERC) asked if ice jams typically happen at the Highway 39 bridge.<br />

A: George Waldow (HDR) noted that there is a long history of ice jams near Genoa, but they are not<br />

necessarily at the bridge. Waldow also noted that the <strong>District</strong> has compiled historical information<br />

about pre-Project flood and ice jam conditions. The history of ice jams before and after the Project<br />

was constructed are being evaluated. Neal Suess (<strong>Loup</strong> <strong>Power</strong> <strong>District</strong>) added that this study was<br />

requested because of a 1993 USACE report on Columbus flooding and ice jams.<br />

P.O. Box 988<br />

2404 15 th Street<br />

Columbus, NE 68602-0988<br />

Phone (866) 869-2087<br />

Fax (402) 564-0970<br />

www.loup.com<br />

Page 5 of 18


<strong>Loup</strong> River Hydroelectric Project<br />

FERC Project No. 1256<br />

Initial Study Results Meeting Summary<br />

Presentation of Study Results<br />

Members of the Project team from HDR provided results for the studies that have been completed:<br />

• Study 7.0, Fish Passage<br />

• Study 8.0, Recreation Use (Telephone Survey)<br />

• Study 10.0, Land Use Inventory<br />

• Study 11.0, Section 106 Compliance<br />

• PCB Fish Tissue Sampling<br />

• Study 1.0, Sedimentation<br />

After the results of each study were given, the other meeting attendees had an opportunity to ask questions<br />

and offer comments on the respective studies.<br />

Study 7: Fish Passage<br />

Study Results:<br />

Scott Stuewe (HDR) presented the study results of the fish passage study. The key points were as follows:<br />

• The Diversion Weir is submerged less than 1 percent of the spawning season and is generally a<br />

barrier to fish passage due to high flow velocities.<br />

• The Sluice Gate Structure does not provide a fish pathway due to limited operation and high flowthrough<br />

velocities.<br />

• An alternative fish pathway around the Diversion Weir on the right bank of the <strong>Loup</strong> River exists (on<br />

average) less than 1 day out of every spawning season.<br />

Discussion:<br />

• Q: Lee Emery (FERC) asked if the right bank alternative is the right bank looking downstream on the<br />

other end of the weir.<br />

A: Scott Stuewe (HDR) indicated that the right bank is looking downstream.<br />

• Q: Richard Holland (NGPC) noted that most of the analysis dealt with average velocities and asked<br />

how those average velocities were calculated.<br />

A: Stuewe explained that for the sluice gates, different openings using different flows were averaged.<br />

For the Diversion Weir, velocity could be calculated only when the water was going over the weir,<br />

which was so infrequent that the average was very small.<br />

• Q: Holland asked how the analysis would change if minimum velocities or a lower quartile velocity<br />

were used because fish would not gravitate toward average or higher velocities trying to pass a<br />

structure but would look for minimum velocity areas.<br />

A: There was group discussion on this topic and it was noted that fish do seek out the lowest<br />

velocities and will take advantage of those opportunities. It was agreed that the use of average<br />

velocities underestimates the amount of fish passage that takes place.<br />

<strong>Loup</strong> <strong>Power</strong> <strong>District</strong><br />

Columbus, NE<br />

P.O. Box 988<br />

2404 15 th Street<br />

Columbus, NE 68602-0988<br />

Phone (866) 869-2087<br />

Fax (402) 564-0970<br />

www.loup.com<br />

Page 6 of 18


<strong>Loup</strong> River Hydroelectric Project<br />

FERC Project No. 1256<br />

Initial Study Results Meeting Summary<br />

Study 8.0, Recreation Use (Telephone Survey)<br />

Study Results:<br />

Lisa Richardson (HDR) presented the study results of the telephone survey portion of the recreation use<br />

study. The key points were as follows:<br />

• A 12-minute telephone survey of 400 residents in Nance and Platte counties was conducted by The<br />

MSR Group between May 26 and June 9, 2010.<br />

• The telephone survey indicates an overall awareness among respondents that the <strong>District</strong> provides<br />

recreational opportunities. Specifically, less than 1 percent of all respondents were NOT aware of<br />

any <strong>District</strong> recreation facilities. Awareness of specific <strong>District</strong> recreation facilities varied among<br />

respondents.<br />

• There is a significant lack of use of the <strong>District</strong>’s recreation sites during the winter months. Of the<br />

respondents who mentioned that they are aware of the following recreation sites, the percentage of<br />

respondents stating that no one from their household visited the specified recreation site between<br />

November 1, 2009, and February 28, 2010, varied from 88 percent to 97.6 per cent. To put this into<br />

context, an average of greater than 50 percent of the respondents who are aware of the <strong>District</strong>’s<br />

recreation areas indicate that they visited the areas during July.<br />

• Among the recreation facilities inquired upon, trails were the highest rated facility, with almost 7 out<br />

of 10 respondents rating them as “Excellent” or “Above Average.”<br />

• The telephone survey also asked respondents to rate the importance of the recreational opportunities<br />

provided by the <strong>District</strong>. The results were as follows:<br />

– Respondents who are Aware of <strong>District</strong> Facilities<br />

Most Important – relaxing/hanging out and trails<br />

Least Important – jet skiing and water skiing<br />

– Respondents who are Not Aware of <strong>District</strong> Facilities<br />

Most Important – children’s playground and relaxing/hanging out<br />

Least Important – jet skiing and motorized boating<br />

Discussion:<br />

• Randy Thoreson (NPS) wanted to acknowledge that the information collected will be used for the<br />

recreation management plan, and that it provides good information for that plan. Lisa Richardson<br />

(HDR) confirmed this.<br />

• Q: Janet Hutzel (FERC) asked if the distribution of ages was representative of the county’s<br />

demographics.<br />

A: Neal Suess (<strong>Loup</strong> <strong>Power</strong> <strong>District</strong>) said they were a pretty typical representation because the<br />

younger generation tends to move away. Suess noted that Nance County’s average age is probably a<br />

bit older and Platte County’s average age is a bit younger because of Columbus.<br />

• Q: Hutzel asked if cross-country skiing took place on the trails during winter.<br />

A: Lisa Richardson (HDR) noted that the trails are not groomed for cross-county skiing but are used<br />

for running and walking. Suess added that the trails could be used for cross-country skiing if people<br />

wanted, but affirmed that the trails are not groomed for it. Ron Ziola (<strong>Loup</strong> <strong>Power</strong> <strong>District</strong>) noted<br />

that winter weather in the area and the very flat terrain are not conducive to skiing.<br />

• Q: Lee Emery (FERC) asked where the swimming areas are.<br />

A: Richardson noted that the survey did not ask about specific swimming areas. There are<br />

swimming facilities in multiple places, including the Headworks and Lake North, but not at Lake<br />

Babcock.<br />

• Q: Emery asked if recreation activities such as trapping, ice fishing, and hunting occur at the Project.<br />

A: Suess stated that ice fishing can be done at Lake North and that some people do trapping and<br />

hunting in the wooded areas.<br />

<strong>Loup</strong> <strong>Power</strong> <strong>District</strong><br />

Columbus, NE<br />

P.O. Box 988<br />

2404 15 th Street<br />

Columbus, NE 68602-0988<br />

Phone (866) 869-2087<br />

Fax (402) 564-0970<br />

www.loup.com<br />

Page 7 of 18


<strong>Loup</strong> River Hydroelectric Project<br />

FERC Project No. 1256<br />

Initial Study Results Meeting Summary<br />

• Q: Emery asked about the scale of that activity.<br />

A: Ziola noted that it would be small as the lakes reside within a Wildlife Management Area<br />

(WMA), where hunting is prohibited. Ziola also noted that state hunting laws do not allow hunting in<br />

or near Columbus and Genoa. There would be only about 50 miles of the canal where hunting would<br />

be allowed (approximately 25 miles of canal, with both banks usable for hunting), but the canal rightof-way<br />

is small and typically bounded by private property.<br />

• Q: David Tunink (NGPC) asked if the telephone numbers used for survey participants were all<br />

landline phones. Tunink noted that younger people often have cell phone rather than landline phones,<br />

and this may be why there was not much participation from the younger generation.<br />

A: Richardson stated that the telephone numbers were likely landline phones, but that would have to<br />

be confirmed.<br />

• Q: Michelle Koch (NGPC) asked if any consideration was given to a bilingual survey and whether<br />

the non-English speaking population was accurately represented in the surveys.<br />

A: Richardson stated that a bilingual survey was not conducted as there is a limited Spanish speaking<br />

population in the Project area.<br />

• Q: Emery noted that most of the anglers that he saw when he visited the Project the day before were<br />

Hispanic. Emery asked if any of the survey proctors speak Spanish and could ask the survey<br />

questions in Spanish.<br />

A: Richardson stated that the survey proctors did not perform the survey in Spanish.<br />

• Q: Koch expressed concern that Hispanic people were not accurately represented in the survey.<br />

A: Suess explained that some of the survey proctors can speak Spanish, and Ziola noted that often<br />

one member in the group of Hispanic people can speak English and serve as an interpreter. Ziola also<br />

noted that all survey proctors wear lined yellow reflective vests and white ball caps so that the public<br />

knows they are not state officials and look more approachable and friendly. Ziola stated that they are<br />

getting Hispanic in-person interviews and that Hispanics are being represented.<br />

• Mike Gutzmer, primary survey proctor for the in-person surveys, noted that he was often able to get<br />

surveys from the Hispanic population through a younger member of the family who was able to<br />

interpret or through survey proctors who were able to speak a little bit of Spanish.<br />

• Richardson noted that demographic data is being collected, so when the data is analyzed, we will be<br />

able to determine what percentage of the survey respondents were Hispanic.<br />

• Q: Mary Bomberger-Brown (TPCP) thought that the responses to the telephone survey seemed<br />

female biased and asked if there were any patterns in responses based on gender. Are females more<br />

likely to use the facilities in some ways and males in other ways.<br />

A: Richardson stated that the data exists and that more analysis will be done when the recreation<br />

management plan is developed.<br />

<strong>Loup</strong> <strong>Power</strong> <strong>District</strong><br />

Columbus, NE<br />

P.O. Box 988<br />

2404 15 th Street<br />

Columbus, NE 68602-0988<br />

Phone (866) 869-2087<br />

Fax (402) 564-0970<br />

www.loup.com<br />

Page 8 of 18


<strong>Loup</strong> River Hydroelectric Project<br />

FERC Project No. 1256<br />

Initial Study Results Meeting Summary<br />

Study 10.0, Land Use Inventory<br />

Study Results:<br />

Lisa Richardson (HDR) presented the study results of the land use inventory study. The key points were as<br />

follows:<br />

• Field-verified land use maps were developed and show land uses both inside and within 500 feet<br />

outside of the Project Boundary. Public access locations were identified and included in the maps as<br />

well.<br />

• Potential land use conflicts were identified, and it was determined that all of the adjacent land uses<br />

are compatible with the Project.<br />

• Future land use plans for Nance County and the City of Columbus do not indicate future land use<br />

changes that would be incompatible with the Project.<br />

• Restricted Operations Areas are safely separated from publicly accessible areas and do not conflict<br />

with recreation opportunities<br />

• Approximately 90 percent of the Project lands are accessible to the public from numerous locations.<br />

Discussion:<br />

• Q: Lee Emery (FERC) noted that there are 5,000 acres of Project lands and asked about the<br />

distribution of this land.<br />

A: Lisa Richardson (HDR) stated that of the over 5,000 acres of Project lands, most is along the<br />

canal, but there is a larger area at the Headworks and the two regulating reservoirs.<br />

• Q: Randy Thoreson (NPS) asked if the <strong>Loup</strong> River bypass reach was included in the land use<br />

inventory.<br />

A: Richardson noted that it was not included because the land use inventory took place within and<br />

adjacent to the Project Boundary. Neal Suess (<strong>Loup</strong> <strong>Power</strong> <strong>District</strong>) added that the <strong>District</strong> does not<br />

own the bypass reach or any land along it. The <strong>District</strong> owns only the canal and 50 to 100 feet along<br />

the canal. The land use inventory included the <strong>Loup</strong> Lands WMA because the <strong>District</strong> owns this<br />

land.<br />

• Q: Isis Johnson (FERC) asked if the Project Boundary includes the <strong>Loup</strong> River bypass reach or if the<br />

<strong>District</strong> has any other easements or rights around the bypass reach.<br />

A: Neal Suess (<strong>Loup</strong> <strong>Power</strong> <strong>District</strong>) stated that the bypass reach is the normal riverbed with private<br />

ownership on both sides of that. The <strong>District</strong> does not have any other easements or rights around the<br />

bypass reach.<br />

• Q: Mike George (USFWS) asked if there are irrigation intakes in the <strong>Loup</strong> River bypass reach.<br />

George noted that it might be useful information for the land use inventory because of the nature of<br />

the water demand.<br />

There was group discussion of irrigation use along the bypass and the canal. In the end Nick Jayjack<br />

(FERC) noted that the issue of irrigation and how it would be addressed was discussed during scoping<br />

and can be found in the meeting transcripts on FERC’s website. Richardson noted that the documents<br />

are on <strong>Loup</strong> <strong>Power</strong> <strong>District</strong>’s relicensing website as well.<br />

• Q: Jeff Runge (USFWS) asked if FERC has a regulatory role in the access authorizations, or<br />

agreements.<br />

A: Jayjack explained that if they are not part of the license, then they are not under FERC’s<br />

jurisdiction. These issues, particularly water rights, are a state issue and FERC does not get involved<br />

with those.<br />

• Q: Thoreson asked if an actual inventory and analysis of what is available at each recreation site will<br />

be included in the recreation management plan.<br />

A: Richardson explained that that is occurring as part of the recreation use study and would also be<br />

included in the recreation management plan.<br />

<strong>Loup</strong> <strong>Power</strong> <strong>District</strong><br />

Columbus, NE<br />

P.O. Box 988<br />

2404 15 th Street<br />

Columbus, NE 68602-0988<br />

Phone (866) 869-2087<br />

Fax (402) 564-0970<br />

www.loup.com<br />

Page 9 of 18


<strong>Loup</strong> River Hydroelectric Project<br />

FERC Project No. 1256<br />

Initial Study Results Meeting Summary<br />

Study 11.0, Section 106 Compliance<br />

Study Results:<br />

Lisa Richardson (HDR) presented the study results of the Section 106 compliance study, which included four<br />

components. The key points and discussion for each component were as follows:<br />

Phase IA Archaeological Overview:<br />

• The Phase IA Archaeological Overview was completed in late summer/early fall of 2009.<br />

• The study determined that field exams were necessary for eight areas within the Project Boundary<br />

that appear to be undisturbed since the 1930s, or that are within or near documented archaeological<br />

sites.<br />

• Nebraska SHPO concurred with recommendations in Phase IA Archaeological Overview on<br />

November 11, 2009<br />

• The Phase IA Archaeological Overview was filed with FERC as privileged information on<br />

December 4, 2009.<br />

Phase I/II Archaeological Inventory and Evaluation:<br />

• The Phase I/II Archaeological Inventory and Evaluation was completed in summer 2010.<br />

• Eighty-three shovel tests were completed:<br />

– Prehistoric archaeological material was found in three tests.<br />

– Historic artifacts were recovered from four tests.<br />

• One site is recommended eligible for listing on the National Register of Historic Places (NRHP).<br />

• Other sensitive areas of the canal corridor were identified for management through consultation with<br />

Nebraska SHPO.<br />

• The Phase I/II Archaeological Inventory and Evaluation report includes recommendations that<br />

coordination with Nebraska SHPO be required prior to earth-moving or earth-disturbing activities in<br />

the aforementioned areas.<br />

• The Phase I/II Archaeological Inventory and Evaluation report was submitted to Nebraska SHPO for<br />

concurrence on August 27, 2010.<br />

Discussion:<br />

• Q: Janet Hutzel (FERC) asked what was meant by “other sensitive areas” She also if any mitigation<br />

is being proposed.<br />

A: Lisa Richardson (HDR) stated that these areas could potentially contain additional artifacts, but at<br />

this time, they are not determined to be eligible for listing on the NRHP. These results are included in<br />

the Phase I/II Archaeological Inventory and Evaluation report but have not been discussed with<br />

Nebraska SHPO yet. Mitigation has not been considered at this point. The first steps are to confer<br />

with Nebraska SHPO about the findings of the report and to get concurrence from Nebraska SHPO on<br />

what areas need to be monitored as part of that agreement.<br />

Ethnographic Documentation:<br />

• Initial coordination with tribes has occurred through both FERC and the <strong>District</strong>.<br />

– Six tribes with historical presence in the area include the Ponca Tribe of Oklahoma, Ponca Tribe<br />

of Nebraska, Omaha Tribe, Pawnee Tribe, Winnebago Tribe, Santee Sioux Nation.<br />

– No tribes responded with information related to places that are of traditional religious and cultural<br />

importance.<br />

– The Winnebago Tribe will not be participating in relicensing as it does not have any land in either<br />

Nance or Platte County.<br />

• The tribes were provided an opportunity to review the Phase IA Archaeological Overview, but none<br />

responded<br />

<strong>Loup</strong> <strong>Power</strong> <strong>District</strong><br />

Columbus, NE<br />

P.O. Box 988<br />

2404 15 th Street<br />

Columbus, NE 68602-0988<br />

Phone (866) 869-2087<br />

Fax (402) 564-0970<br />

www.loup.com<br />

Page 10 of 18


<strong>Loup</strong> River Hydroelectric Project<br />

FERC Project No. 1256<br />

Initial Study Results Meeting Summary<br />

• The Phase I/II Archaeological Inventory and Evaluation was provided to the tribes for comment. The<br />

<strong>District</strong> will follow up with the tribes in the next few weeks to ensure that they received the report and<br />

if they have any comments or wish to consult on it.<br />

Discussion:<br />

• Q: Janet Hutzel (FERC) asked whether copies had been sent to the tribes, noting that she hadn’t<br />

heard the last statement clearly.<br />

A: Lisa Richardson (HDR) explained that copies of the Phase I/II Archaeological Inventory and<br />

Evaluation had been sent to the chairman of each tribe and that a copy of the letter was sent to each<br />

tribal historic preservation officer.<br />

• Q: Hutzel asked if the documentation from the Winnebago Tribe noting that the tribe does not wish<br />

to participate in relicensing had been filed with FERC.<br />

A: Lisa Richardson (HDR) noted that the Winnebago Tribe responded directly to FERC’s letter via<br />

e-mail, so that document should be filed with FERC, but she will check to ensure that it is.<br />

Historic Building Inventory and Evaluation:<br />

• The Project is a historic district eligible for listing on the NRHP.<br />

• Eligible elements include 16 properties that exhibit individual eligibility and 21 properties that lack<br />

individual eligibility but contribute to the historic district.<br />

• The historic district also includes numerous non-contributing properties that are not eligible for listing<br />

on the NRHP.<br />

• The Historic Building Inventory and Evaluation report was submitted to Nebraska SHPO on<br />

August 27, 2010, for concurrence.<br />

Historic Properties Management Plan and Executed Programmatic Agreement:<br />

• The Historic Properties Management Plan will be developed following review and approval of the<br />

field studies for archaeology, ethnography, and the historic district.<br />

• The Programmatic Agreement will be developed and executed following review and approval of the<br />

field studies for archaeology, ethnography, and the historic district as well as approval of the Historic<br />

Properties Management Plan.<br />

Discussion:<br />

• Q: Janet Hutzel (FERC) asked if the Historic Properties Management Plan would be developed in<br />

consultation with tribes as well as with Nebraska SHPO.<br />

A: Lisa Richardson (HDR) explained that the intent is to consult with the tribes though there really<br />

has been no tribal participation to date. The <strong>District</strong> will send them copies and allow them to<br />

comment.<br />

• Q: Hutzel asked if there will be follow-up on the Section 106 Compliance study in the January<br />

meeting when updated initial study results are discussed.<br />

A: Richardson explained that concurrence with Nebraska SHPO, consultation with the tribes, and a<br />

status update for the Historic Properties Management Plan will be part of the January meeting.<br />

<strong>Loup</strong> <strong>Power</strong> <strong>District</strong><br />

Columbus, NE<br />

P.O. Box 988<br />

2404 15 th Street<br />

Columbus, NE 68602-0988<br />

Phone (866) 869-2087<br />

Fax (402) 564-0970<br />

www.loup.com<br />

Page 11 of 18


<strong>Loup</strong> River Hydroelectric Project<br />

FERC Project No. 1256<br />

Initial Study Results Meeting Summary<br />

PCB Fish Tissue Sampling<br />

Study Results:<br />

Lisa Richardson (HDR) presented the study results of the PCB fish tissue sampling. The key points were as<br />

follows:<br />

• This was not an official relicensing study, but a question had been raised by agencies during scoping<br />

about contamination and NDEQ agreed to conduct additional fish tissue sampling in 2009 in the<br />

Project area.<br />

• NDEQ conducted sampling at two locations along the Project:<br />

– Lake Babcock was sampled on August 11, 2009.<br />

– Tailrace Canal (U.S. Highway 30 bridge) was sampled on August 12, 2009.<br />

• Fillets were provided to the EPA Region VII laboratory in Kansas City, Kansas, for PCB analysis.<br />

• PCB (Aroclor 1248, 1254, and 1260) concentrations at each site were below the applicable reporting<br />

limits.<br />

• Results have not been officially reported by NDEQ, but data will be included in NDEQ's 2009 Fish<br />

Tissue Report once all statewide data have been assessed.<br />

• NDEQ stated that “the current fish consumption advisory for the <strong>Loup</strong> <strong>Power</strong> Canal will likely be<br />

removed following completion of the 2009 Fish Tissue Report in late 2010 or early 2011.”<br />

Discussion:<br />

• Q: Frank Albrecht (NGPC) asked if there is a standard size or age of the fish tested for PCBs.<br />

A: Chris Pracheil (NDEQ) explained that carp are in the 21-inch range, likely 18 to 24 inches. The<br />

EPA-approved methods for fish tissue sampling take into consideration bioaccumulation and<br />

biomagnifications. They target fish that they assume would accumulate the material and the size that<br />

would have time to biomagnify.<br />

• C: Jeff Runge (USFWS) noted that USFWS had recommended a measurement of sediment samples.<br />

However, FERC’s Study Plan Determination included an indirect measure of PCBs in sediment<br />

through fish tissue sampling. Runge noted that PCB-contaminated fish in the middle section<br />

(between the Monroe and Columbus powerhouses) would cause concern that maybe there is a<br />

potential for PCB-latent sediment. Two aspects of concern are PCBs within the fish tissue and any<br />

discharges that would be released into the canal system and would eventually make their way into the<br />

lower Platte River, which is currently an impaired waterbody. The idea behind the fish tissue<br />

sampling was to help answer those questions.<br />

• Q: Runge also asked what the difference is between reporting limits identified in the report and<br />

actual water quality limits.<br />

A: Pracheil explained that fish tissue limits are not the same as water quality standard parameters.<br />

NDEQ has tested for PCBs in the water column at numerous sites throughout the state but has not<br />

found PCBs in the water column. Sampling was conducted in Lake Babcock to determine if there<br />

was contamination above the Tailrace because there is potential for fish from the lower Platte River to<br />

enter the Tailrace during a high flow event. It is difficult to determine whether contaminated fish are<br />

in the Tailrace because of the <strong>Loup</strong> <strong>Power</strong> Canal or if they are coming from a contaminated section of<br />

the lower Platte River into the Tailrace. Although this can’t be answered, the Lake Babcock sample<br />

helps point to the direction that the <strong>Loup</strong> <strong>Power</strong> Canal above the Tailrace does not have PCB<br />

contamination.<br />

• Q: Runge asked if “at or below the reporting limits” means that there is no contamination present.<br />

A: Pracheil explained that NDEQ’s assessment method is to take the reporting limit and divide by<br />

two, and that is the number applied to all of NDEQ’s assessment criteria. This is more conservative<br />

so there is less risk to the consumer.<br />

• Q: Runge asked why the carp species was used rather than another common species like catfish and<br />

whether there would be the same levels of contamination for both species.<br />

<strong>Loup</strong> <strong>Power</strong> <strong>District</strong><br />

Columbus, NE<br />

P.O. Box 988<br />

2404 15 th Street<br />

Columbus, NE 68602-0988<br />

Phone (866) 869-2087<br />

Fax (402) 564-0970<br />

www.loup.com<br />

Page 12 of 18


<strong>Loup</strong> River Hydroelectric Project<br />

FERC Project No. 1256<br />

Initial Study Results Meeting Summary<br />

A: Pracheil stated that the collection technique somewhat limits the success for some species. NDEQ<br />

tries to get both a predator and a bottom-feeder species from every sample site, but the fish have to<br />

meet the requirements for size considerations. Bass are considered a predator species, and both carp<br />

and catfish are bottom-feeder species. NDEQ’s methodology for testing is available on its website.<br />

Carp are easier to catch, so that species often fills the role of bottom-feeder in NDEQ’s methodology.<br />

In Lake Babcock, Pracheil was unsure if they attempted to get another species; the methodology<br />

specifies carp as that is what was on the impaired waterbodies list.<br />

• Jeff Schuckman (NGPC) noted that if fish tissue samples are needed from other species, NDEQ could<br />

contact NGPC because they routinely conduct fish sampling and would be willing to help out.<br />

Study 1.0, Sedimentation<br />

Study Results:<br />

Pat Engelbert (HDR), Matt Pillard (HDR), and Scott Stuewe (HDR) presented the study results of the<br />

sedimentation study, which included four objectives. The key points and discussion for each objective were<br />

as follows:<br />

Objective 1:<br />

• Both rivers at all locations studied are clearly not supply limited.<br />

• Spatial analysis of effective and dominant discharge reveals that they increase in a downstream<br />

direction in a manner consistent with natural river processes.<br />

• The effective discharge, and associated river morphology, has not changed since 1928.<br />

• Sediment transport calculations show that the channel geometries are in “regime.” Nothing appears<br />

to be constraining either the <strong>Loup</strong> or Platte River from maintaining the hydraulic geometry associated<br />

with the effective discharges.<br />

• The combinations of slopes, sediment sizes, and effective discharges result in all locations being well<br />

within the braided river morphologies, with none being near any thresholds of transitioning to another<br />

morphology.<br />

Discussion:<br />

• Q: Chris Pracheil (NDEQ) asked if the suspended sediment load in the Platte and <strong>Loup</strong> rivers is a<br />

composite suspended sampling from USGS and if bed load is incorporated into any of these<br />

calculations as well.<br />

A: Pat Engelbert (HDR) explained that for bed load in the Platte and <strong>Loup</strong> rivers, a composite of the<br />

bed material samples and suspended samples was used to calculate the d50 used in Yang’s equation<br />

to create the sediment discharge rating curves. The d50 of the suspended is a smaller material, and<br />

the d50 of the bed material is a coarser material. Therefore, we felt that this composite better<br />

represented the total bed material load.<br />

• Q: Mary Bomberger-Brown (TPCP) asked why the amount of dredged material since 1975 was<br />

nearly half the amount dredged prior to 1975.<br />

A: Engelbert explained that there are probably several reasons, including a change in farming<br />

practices (terracing and land leveling) and the construction of upstream structures (Calamus Reservoir<br />

and Sherman Reservoir). Neal Suess (<strong>Loup</strong> <strong>Power</strong> <strong>District</strong>) added that the <strong>District</strong> did not change its<br />

operating practices at all during that time.<br />

• Q: Isis Johnson (FERC) asked how the total sediment discharge was calculated.<br />

A: Engelbert explained that the amount of flow for a given day was multiplied by the sediment<br />

discharge rating curve (the amount of sediment for a particular discharge), which is in tons per cubic<br />

feet per second (cfs). This results in a tons calculation by using an adjustment factor to get the units<br />

correct. George Waldow (HDR) noted that this is an established methodology, and Gary Lewis<br />

<strong>Loup</strong> <strong>Power</strong> <strong>District</strong><br />

Columbus, NE<br />

P.O. Box 988<br />

2404 15 th Street<br />

Columbus, NE 68602-0988<br />

Phone (866) 869-2087<br />

Fax (402) 564-0970<br />

www.loup.com<br />

Page 13 of 18


<strong>Loup</strong> River Hydroelectric Project<br />

FERC Project No. 1256<br />

Initial Study Results Meeting Summary<br />

(HDR) added that this procedure is adopted by all of the agencies that work with or represent the<br />

Platte River.<br />

• Q: Tom Econopouly (USFWS) asked if the y-axis was tons on slide 118 and how that relates to the<br />

dominant discharge of 3,500 cfs.<br />

A: Engelbert explained that the total amount of sediment transported in tons was indeed represented<br />

by the y-axis. The dominant discharge is 3500 cfs; however, it was not graphically shown. The red<br />

line on the graph showing the 3,500 cfs does not correspond to the y-axis units. The average tons per<br />

day were determined from total tons, and the dominant discharge corresponding to that average daily<br />

sediment transport was found from the sediment rating curve.<br />

• Q: Nick Jayjack (FERC) asked about the significance of the USBR 1.5-year analysis on the regime<br />

graphs.<br />

A: Engelbert explained that previously, a common estimate of the channel forming flow was the<br />

1.5-year flood, but current technologies do not require such estimates for sand bed systems.<br />

• Q: Jeff Runge (USFWS) asked how the total yield was calculated for North Bend.<br />

A: Engelbert explained that the Missouri River Basin Commission used established methodology to<br />

determine what the supply to those locations would be based on all erosion processes, including sheet,<br />

rill, and bed and bank. There is a table in the initial study report that lists the Missouri River Basin<br />

Commission yields.<br />

• Q: Runge asked if the Platte River between Columbus and North Bend only has a certain amount of<br />

capacity to continue to add to the supply.<br />

A: Gary Lewis (HDR) explained that transport capacity will not necessarily move all of the yield in<br />

braided systems, which are defined as rivers with sediment supplies in much greater excess than the<br />

ability to transport it. The best estimate of yield is what it is transporting whenever a river is in<br />

equilibrium. Missouri River Basin Commission methods are an indicator of whether the yield<br />

exceeds the capacity. Lewis noted that probably what is being transported is what is being delivered<br />

because the river is in dynamic equilibrium. The key point is that by the procedure that was applied<br />

and agreed to in the study plan, the yield exceeded capacity of the transport, so the study sites are not<br />

supply limited. Transport capacities are not additive as you move downstream. The capacity at a<br />

particular location is based on hydraulics—slope, width, depth, velocity—and sediment size.<br />

Because the river hydraulics change, the capacity will change. The capacities and yields are<br />

calculated independently using different methodologies.<br />

• Q: Runge asked if more sediment is being transported away or through North Bend than what is<br />

being supplied from Columbus and Duncan.<br />

A: Engelbert explained that the transport capacity numbers cannot really be added. The capacity is<br />

based on the river condition at Duncan and the river condition at Columbus. You cannot add the<br />

capacity of the two and get the resulting capacity.<br />

• Q: Runge asked if changes in local hydraulic characteristics result in the difference.<br />

A: Engelbert noted that calculations for the Platte River near Columbus have not been completed yet<br />

but will be based on 1 year’s measurements as opposed to the capacities being developed based on<br />

30 or 50 years of hydraulic measurements.<br />

• Q: Richard Holland (NGPC) asked if the capacity indicates the amount of sediment that the water<br />

will hold.<br />

A: Engelbert explained that capacity indicates the amount of bed material sediment the water will<br />

convey, if transporting at capacity.<br />

• Q: Holland asked what determines sediment size and capacity and if we have any indication about<br />

particle size and distribution.<br />

A: Engelbert explained that the sediment size and capacity are based on USGS measurements and<br />

Yang’s Unit Stream <strong>Power</strong> equation. Bed sediment samples, suspended sediment samples, and daily<br />

flow (function of velocity and depth) were used to calculate the capacity. The particle sizes by gage<br />

are in the initial study report or attachments; sizes are different at the study sites, not the same. Lewis<br />

added that if flows decline, transport declines. Engelbert noted that a spatial relationship based on the<br />

<strong>Loup</strong> <strong>Power</strong> <strong>District</strong><br />

Columbus, NE<br />

P.O. Box 988<br />

2404 15 th Street<br />

Columbus, NE 68602-0988<br />

Phone (866) 869-2087<br />

Fax (402) 564-0970<br />

www.loup.com<br />

Page 14 of 18


<strong>Loup</strong> River Hydroelectric Project<br />

FERC Project No. 1256<br />

Initial Study Results Meeting Summary<br />

gaging stations was evaluated. Holland stated that things are completely different 100 miles<br />

downstream. Engelbert explained that the <strong>District</strong> was tasked to evaluate the calculations at a point<br />

within 5 miles of the Tailrace and a point upstream of the Tailrace, which is being done.<br />

• George Waldow (HDR) noted that the yield or supply were each calculated additively as you go<br />

downstream. The analysis does not allow only the capacity amount be added to the supply as you go<br />

downstream. The analysis is only one indicator of capacity, not absolute values. At best, this tool is<br />

an approximation of a complicated system. However, yield or supply exceeds capacity at all<br />

locations. No studies in the literature disagree with this. Lewis provided the definition of dynamic<br />

equilibrium, saying that it doesn’t mean it is always the same; it varies, but around a constant trend.<br />

The Corps describes a stream system with variability (in width, depth, bars, and braids) but not<br />

deviating from a long-term condition trend. We need to look at parameters like effective discharge.<br />

Engelbert added that the budget analysis performed for this sedimentation study is part of that.<br />

• Q: Joel Jorgensen (NGPC) asked if the model is able to measure the errors and bring the error values<br />

forward so that they can be identified.<br />

A: Engelbert explained that the data has uncertainty but not error, and because the data was analyzed<br />

over a 25-year period, any random errors are likely smoothed out. Waldow clarified that rather than<br />

error, Joel is referring to imprecision.<br />

• Q: Holland and Jorgensen noted that it would be useful to know the percent error (for example,<br />

1 percent or 50 percent), or a measurement of the imprecision. Jorgensen also asked if there are error<br />

values for the components that go into Yang’s equation.<br />

A: Lewis noted that USGS rates their records as good, fair, and poor, and in the USGS manual, they<br />

list a confidence range of 5 to 15 percent. We did a sensitivity analysis on Yang’s equation, and we<br />

erred on the side of conservative rather than understating or overstating the capacity. We relied on<br />

USGS flow and other measurements.<br />

• Q: Michelle Koch (NGPC) asked if the yield of total supply available is just free-flowing sediment or<br />

if it also includes the sediment trapped in stabilized sandbars or other stabilization structures.<br />

A: Engelbert explained that the total supply available accounted for the sediment being removed<br />

from the system. The Missouri River Basin Commission accounted for sediment being trapped at<br />

structures or taken out of the system, but did not analyze sediment in stabilized sandbars. For<br />

example, at <strong>Loup</strong>’s diversion structure, they took the total amount and accounted for sediment being<br />

removed in the settling basin. In addition, they accounted for an amount of suspended sediments<br />

being conveyed through the system with half of that sediment being trapped in the system and the<br />

other half returning to the Platte River system at the Tailrace.<br />

• Q: Runge asked if the sediment analysis for the Platte River at Duncan and the <strong>Loup</strong> River at<br />

Columbus could be added to see how close of an agreement there is with the values at North Bend.<br />

A: Engelbert explained that hydrographs are being developed at the area just downstream of the<br />

confluence based on gage data at Duncan and on the <strong>Loup</strong> and that historic reach gains and losses<br />

were accounted for. Runge noted that this would help from a precision standpoint if they were in<br />

close agreement and could shed some light as to the precision.<br />

• Q: Jayjack asked if the capacity numbers were calculated and the yield numbers were from published<br />

sources. If so, he asked if we have a good idea of the uncertainty involved with the capacity numbers.<br />

A: Engelbert confirmed this and stated that whether the rivers are supply limited or not supply<br />

limited is just one piece of the overall puzzle.<br />

• Q: Paul Makowski (FERC) wanted to draw the distinction between uncertainty, error, and variability.<br />

Makowski noted that there is a lot of variability with the sediment discharge rating curve and asked if<br />

a confidence interval could be added and what the bands would be.<br />

A: Engelbert explained that a sensitivity analysis was conducted, and that 25 years of data were used<br />

to reduce the variation. The rating curves showing the variation in suspended loads are an indication<br />

of these bands.<br />

• Q: Econopouly pointed out that there was almost 50 percent more capacity at Genoa than Columbus<br />

and asked about the factor of data.<br />

<strong>Loup</strong> <strong>Power</strong> <strong>District</strong><br />

Columbus, NE<br />

P.O. Box 988<br />

2404 15 th Street<br />

Columbus, NE 68602-0988<br />

Phone (866) 869-2087<br />

Fax (402) 564-0970<br />

www.loup.com<br />

Page 15 of 18


<strong>Loup</strong> River Hydroelectric Project<br />

FERC Project No. 1256<br />

Initial Study Results Meeting Summary<br />

A: Engelbert explained that it is a factor of the data used to develop the sediment discharge rating<br />

curve. At Genoa, there were 25 years of measurements to use, but at Columbus, there was only<br />

1 year of measurements to develop the sediment discharge rating curve. Engelbert agreed that the<br />

results are somewhat inconsistent.<br />

• Q: Econopouly asked why two points marked on Chang’s regime morphology chart, which were<br />

bankfull discharge rather than effective discharge, were not used.<br />

A: Lewis explained that those charts and data points were used in a U.S. Bureau of Reclamation<br />

(USBR) report on Platte River history. He noted that there is no reason to use bankfull or 1.5-year<br />

flows as estimates of channel-forming flow because effective discharge calculations are the current<br />

methodology. Bankfull flow is not easily found on a braided river where the yield exceeds the<br />

transport, forming a “backbone” along the river valley.<br />

• C: Holland noted that when focusing on specific habitat features, there is a need to look at different<br />

types of flow events, such as bankfull flow. There are two different ways of looking at how sediment<br />

is used and what sediment is doing to the river.<br />

Objective 2:<br />

• Literature and analysis clearly indicate that both rivers are in dynamic equilibrium with no indications<br />

of aggradation or degradation or channel geometry changes over time.<br />

• Literature and calculations demonstrate that the <strong>Loup</strong> River bypass reach and the lower Platte River<br />

are in regime and well seated within regime zones classified as braided streams.<br />

Discussion:<br />

• Jeff Runge (USFWS) noted that the purpose of this meeting is to develop information to propose any<br />

necessary changes in methodology. Runge suggested that the trends and channel gradation<br />

information from the 1999 USGS report be updated as a study modification; he noted this would be<br />

included in the USFWS’ comment letter. Lee Emery (FERC) asked if Runge thought the findings<br />

would change with this additional work. Runge indicated he was unsure. Emery also noted that the<br />

cost and benefit of doing this additional work would be a consideration when FERC makes a<br />

determination on modifications. It was also clarified that study modifications should follow FERC’s<br />

7 study request criteria (same as for initial study requests.<br />

• Q: Michelle Koch (NGPC) asked why 1985 was chosen as the starting date.<br />

A: Engelbert explained that it was to correlate the date with bird data available. In addition, USGS<br />

had electronic data from 1984, so it was a good representative era of 25 years to begin with 1985.<br />

These years had wet, dry, and normal year designations, and it was considered to be a good<br />

representative time frame.<br />

Objective 3:<br />

• It was determined that the system is in dynamic equilibrium and the Project does not affect<br />

morphology in this reach of the Platte; therefore, it is inferred that the Project does not affect pallid<br />

sturgeon or least tern and piping plover habitat parameters related to sediment transport.<br />

• No further analysis is needed based on the RSP methodology, but analysis of plots of interior least<br />

tern and piping plover nest counts against sediment transport parameters was completed due to timing<br />

of other study activities.<br />

– There is not a significant relationship between interior least tern and piping plover nest counts<br />

and sediment transport parameters.<br />

– No evidence from this analysis was discovered that would suggest a potential relationship<br />

between nest counts and sediment transport parameters.<br />

Discussion:<br />

<strong>Loup</strong> <strong>Power</strong> <strong>District</strong><br />

Columbus, NE<br />

P.O. Box 988<br />

2404 15 th Street<br />

Columbus, NE 68602-0988<br />

Phone (866) 869-2087<br />

Fax (402) 564-0970<br />

www.loup.com<br />

Page 16 of 18


<strong>Loup</strong> River Hydroelectric Project<br />

FERC Project No. 1256<br />

Initial Study Results Meeting Summary<br />

• Q: Chris Pracheil (NDEQ) asked if transforming some of the discharge parameters might have given<br />

a different correlation. Pracheil also stated that an R 2 of 0.3 is usually considered significant in<br />

biological settings.<br />

A: Matt Pillard (HDR) explained that a linear regression was performed as described in the study<br />

plan.<br />

• C: Joel Jorgensen (NGPC) shared a number of comments related to the statistical analysis of the data:<br />

– Noted that the data preparation should have been explained and that there may be<br />

pseudoreplication issues with the analysis. Is the data normally distributed? If not, is linear<br />

regression appropriate?<br />

– Suggested that rather than using parametric tests, nonparametric tests should have been used<br />

because the data aren’t normally distributed.<br />

– Noted that the small data set may cause issues with the analysis and that specific statistical tests<br />

for significance were not referenced in the report<br />

– Noted that most of the analysis may be influenced by outliers; suggested that the outliers be<br />

reviewed to see why they outliers exist, possibly because of data inconsistencies<br />

– Suggested that linear regression is not appropriate for the data because in some cases the analysis<br />

would result in a negative value, which is not possible..<br />

– Suggested looking at a generalized linear model for regression. Using a model-based approach<br />

you can build competing models and compare the relative strength of the models against each<br />

other that would allow interactions between the x variables.<br />

– Another possible choice is logistic regression.<br />

• Jorgensen noted that he will provide written comments regarding the analysis.<br />

• Mike George (USFWS) noted that he did not see the system as linear either; if it were linear, then at<br />

either end, you will not have nesting. He noted that the value in linear regression was to show that<br />

the relationship is not linear .<br />

• G. Lewis noted that in order to do some of the statistical analysis suggested, such as a principal<br />

component model, there needs to be a model that you are trying to fit. He also noted that to do a<br />

multivariate analysis you have to have an idea of how the variables relate to each other in order to do<br />

the work.<br />

• Joel Jorgenson (NGPC) noted that if there is good justification not to do any sort of additional<br />

analysis, then provide that discussion in the report.<br />

Objective 4:<br />

• It was determined that the system is in dynamic equilibrium and the Project does not affect<br />

morphology in this reach of the Platte; therefore, it is inferred that the Project does not affect pallid<br />

sturgeon habitat parameters related to sediment transport.<br />

– The Lower Platte River geomorphology is in dynamic equilibrium.<br />

– The literature review states that the lower Platte River is appropriate pallid sturgeon habitat.<br />

– Recent sturgeon captures show species occupation.<br />

• No further analysis is needed based on the Revised Study Plan methodology.<br />

Discussion:<br />

• Q: Richard Holland (NGPC) asked if the sampling that occurred 30 miles west of Columbus was a<br />

one-time sampling event and noted that that was not part of the original objectives of the UNL study.<br />

A: Scott Stuewe (HDR) confirmed that it was a one-time sampling event and noted Holland’s<br />

comment.<br />

<strong>Loup</strong> <strong>Power</strong> <strong>District</strong><br />

Columbus, NE<br />

P.O. Box 988<br />

2404 15 th Street<br />

Columbus, NE 68602-0988<br />

Phone (866) 869-2087<br />

Fax (402) 564-0970<br />

www.loup.com<br />

Page 17 of 18


<strong>Loup</strong> River Hydroelectric Project<br />

FERC Project No. 1256<br />

Initial Study Results Meeting Summary<br />

Next Steps<br />

Lisa Richardson (HDR) discussed the next steps for the completed studies and the remaining studies.<br />

For the completed studies, the next steps are as follows:<br />

• September 24, 2010 – <strong>District</strong> submits meeting summary<br />

• October 24, 2010 – Agencies file meeting summary disagreements and submit requests for<br />

modification to on-going studies<br />

• November 24, 2010 – <strong>District</strong> responds to summary comments and study modification requests<br />

• December 27, 2010 – FERC resolves comments and study modification requests<br />

For the remaining studies, the next steps are as follows:<br />

• January 6, 2011 – Submittal of Updated Initial Study Report to FERC<br />

• January 20, 2011 – Updated Initial Study Report Agency Meeting<br />

Discussion:<br />

• There was discussion about the interrelatedness of Sedimentation with the Hydrocycling and Flow<br />

Depletion and Flow Diversion studies. USFWS indicated that because of this, they may hold some of<br />

their comments until after all of the study results are available. This led to a question of whether<br />

FERC will address study modifications in October 2010 or wait until spring 2011 when all study<br />

results and comments are available. FERC is considering this issue.<br />

<strong>Loup</strong> <strong>Power</strong> <strong>District</strong><br />

Columbus, NE<br />

P.O. Box 988<br />

2404 15 th Street<br />

Columbus, NE 68602-0988<br />

Phone (866) 869-2087<br />

Fax (402) 564-0970<br />

www.loup.com<br />

Page 18 of 18


From: Richardson, Lisa (Omaha)<br />

To: Jorgensen, Joel<br />

Cc: Thompson, Wendy; Frame, Gail<br />

Subject: RE: FERC process<br />

Date: Monday, September 13, 2010 11:58:10 AM<br />

Attachments: FERC_ILP_flowchart.pdf<br />

ILP_Relicensing_Process.pdf<br />

Joel,<br />

Attached are two graphics that illustrate the ILP process. The FERC ILP Flowchart is a chart from<br />

FERC’s Licensing handbook that shows all the timeframes for the process. The ILP Relicensing<br />

Process is a board that we developed for the public meetings – this is the same graphic that I<br />

presented in the meeting last week – this shows the general process without dates or timelines (note:<br />

the PDF is set for 48x36, but you can print to fit at 11x17 or smaller).<br />

Finally, here is a link to the Schedule and Process page from the <strong>District</strong>’s relicensing website:<br />

http://www.loup.com/relicense/html/licensingprocess.html<br />

If you have any questions about any of these, please feel free to give me a call.<br />

Regards,<br />

Lisa<br />

Lisa M. Richardson, P.E.<br />

Professional Associate<br />

HDR One Company | Many Solutions<br />

8404 Indian Hills Drive<br />

Omaha, NE 68114-4049<br />

Phone: 402.926.7026<br />

Cell: 402.618.9865<br />

Fax: 402.399.1111<br />

From: Jorgensen, Joel [mailto:Joel.Jorgensen@nebraska.gov]<br />

Sent: Monday, September 13, 2010 8:50 AM<br />

To: Richardson, Lisa (Omaha)<br />

Subject: FERC process<br />

Hi Lisa:<br />

Nice meeting you last week at the meeting. I was wondering if you had a handy graphic or summary<br />

showing the overall re-licensing process as it related to the LPPD project. I believe you had some<br />

information in the room, but I am hoping to have something I can refer to here. Any help is<br />

appreciated.<br />

Thanks.<br />

-Joel<br />

__________________________<br />

Joel Jorgensen | Nongame Bird Program Manager<br />

Nebraska Game and Parks Commission<br />

2200 N. 33rd St. | Lincoln, NE, 68503<br />

joel.jorgensen@nebraska.gov | 402.471.5440


From: Richardson, Lisa (Omaha)<br />

To: Jorgensen, Joel<br />

Cc: Thompson, Wendy; Frame, Gail<br />

Subject: RE: FERC process<br />

Date: Monday, September 13, 2010 11:58:10 AM<br />

Attachments: FERC_ILP_flowchart.pdf<br />

ILP_Relicensing_Process.pdf<br />

Joel,<br />

Attached are two graphics that illustrate the ILP process. The FERC ILP Flowchart is a chart from<br />

FERC’s Licensing handbook that shows all the timeframes for the process. The ILP Relicensing<br />

Process is a board that we developed for the public meetings – this is the same graphic that I<br />

presented in the meeting last week – this shows the general process without dates or timelines (note:<br />

the PDF is set for 48x36, but you can print to fit at 11x17 or smaller).<br />

Finally, here is a link to the Schedule and Process page from the <strong>District</strong>’s relicensing website:<br />

http://www.loup.com/relicense/html/licensingprocess.html<br />

If you have any questions about any of these, please feel free to give me a call.<br />

Regards,<br />

Lisa<br />

Lisa M. Richardson, P.E.<br />

Professional Associate<br />

HDR One Company | Many Solutions<br />

8404 Indian Hills Drive<br />

Omaha, NE 68114-4049<br />

Phone: 402.926.7026<br />

Cell: 402.618.9865<br />

Fax: 402.399.1111<br />

From: Jorgensen, Joel [mailto:Joel.Jorgensen@nebraska.gov]<br />

Sent: Monday, September 13, 2010 8:50 AM<br />

To: Richardson, Lisa (Omaha)<br />

Subject: FERC process<br />

Hi Lisa:<br />

Nice meeting you last week at the meeting. I was wondering if you had a handy graphic or summary<br />

showing the overall re-licensing process as it related to the LPPD project. I believe you had some<br />

information in the room, but I am hoping to have something I can refer to here. Any help is<br />

appreciated.<br />

Thanks.<br />

-Joel<br />

__________________________<br />

Joel Jorgensen | Nongame Bird Program Manager<br />

Nebraska Game and Parks Commission<br />

2200 N. 33rd St. | Lincoln, NE, 68503<br />

joel.jorgensen@nebraska.gov | 402.471.5440


Selzle, Lydia<br />

From: Pillard, Matt<br />

Sent: Thursday, September 16, 2010 6:42 AM<br />

To: frank.albrecht@nebraska.gov; john.bender@nebraska.gov; jeff_runge@fws.gov;<br />

robert_harms@fws.gov; barbara.j.friskopp@usace.army.mil; abaum@upperloupnrd.org;<br />

randy_thoreson@nps.gov; bob.puschendorf@nebraska.gov; mkuzila1@unl.edu;<br />

david.jundt@dhhs.ne.gov; jmiyoshi@lpnnrd.org; steve.chick@ne.usda.gov;<br />

pcclerk@megavision.com; cityadmin@cablene.com; ncpza@hamilton.net;<br />

rbishop@cpnrd.org; jwinkler@papionrd.org; lpsnrd@lpsnrd.org; jmangi@columbusne.us;<br />

cgenoa@cablene.com; monroe@megavision.com; calms@neb.rr.com; danno@nohva.com;<br />

mbrown9@unl.edu; rtrudell@santeedakota.org; jblackhawk@aol.com;<br />

vwills@pawneenation.org; Brian.Dunnigan@nebraska.gov; msittler@lpsnrd.org;<br />

butchk@nctc.net; robertm@llnrd.org; jmsunne@nppd.com; jalexand@usgs.gov;<br />

jjshadl@nppd.com; cothern.joe@epa.gov; justin.lavene@nebraska.gov;<br />

bobbie.wickham@nebraska.gov; kennyj@headwaterscorp.com; mferguson@gp.usbr.gov;<br />

Willie_Taylor@ios.doi.gov; Robert_F_Stewart@ios.doi.gov; jeddins@achp.gov;<br />

kenneth.sessa@dhs.gov; peggy.harding@ferc.gov; djjarecke@clarkswb.net;<br />

al.berndt@nebraska.gov; astuthman@leg.ne.gov; ksullivan@leg.ne.gov;<br />

clangemeier@leg.ne.gov; adubas@leg.ne.gov; chairmanrhodd@ponca.com;<br />

asheridan@omahatribe.com; don_simpson@blm.gov; nicholas.jayjack@ferc.gov;<br />

jill.dolberg@nebraska.gov; prescott.brownell@noaa.gov; marvp@megavision.com;<br />

lewrightjr@gmail.com; thowe@ponca.com; zach_nelson@bennelson.senate.gov;<br />

julias@poncatribe1ne.org; todd.crawford@mail.house.gov; louis1pofahl@mail.house.gov;<br />

emily_brummund@johanns.senate.gov; deb.vanmatre@mail.house.gov; tpetr@loup.com;<br />

mike.black@bia.gov; janet.hutzel@ferc.gov; isis.johnson@ferc.gov; lee.emery@ferc.gov;<br />

paul.makowski@ferc.gov<br />

Cc: Angel Robak; Jim Frear; Neil Suess; Ron Ziola; tpetr@loup.com; Damgaard, Quinn V.;<br />

Engelbert, Pat; Frame, Gail; Grennan, Dennis E.; Hunt, George; Thompson, Wendy; Madson,<br />

Michael J.; Pillard, Matt; Richardson, Lisa (Omaha); Sigler, Bill; Waldow, George; White,<br />

Stephanie<br />

Subject: <strong>Loup</strong> <strong>Power</strong> <strong>District</strong> 1 FERC Relicensing: Interim General Recreation Use Report Filed with<br />

FERC<br />

Relicensing <strong>Part</strong>icipants:<br />

For your information –<br />

<strong>Loup</strong> <strong>Power</strong> <strong>District</strong> has electronically filed the Interim General Recreation Use Report with FERC. The report is available<br />

on FERC’s e1library and on the <strong>District</strong>’s relicensing website: http://www.loup.com/relicense/html/documents.html.<br />

Thank you.<br />

Matt Pillard, AICP<br />

Senior Environmental Planner<br />

Professional Associate<br />

HDR | ONE COMPANY | Many Solutions Sol<br />

8404 Indian Hills Drive | Omaha, NE | 6811414098<br />

Phone: 402.399.1186 | Fax: 402.399.1111<br />

Email: Matt.Pillard@hdrinc.com<br />

1


Selzle, Lydia<br />

From: Pillard, Matt<br />

Sent: Sunday, September 26, 2010 10:41 PM<br />

To: 'frank.albrecht@nebraska.gov'; 'john.bender@nebraska.gov'; 'jeff_runge@fws.gov';<br />

'robert_harms@fws.gov'; 'barbara.j.friskopp@usace.army.mil'; 'abaum@upperloupnrd.org';<br />

'randy_thoreson@nps.gov'; 'bob.puschendorf@nebraska.gov'; 'mkuzila1@unl.edu';<br />

'david.jundt@dhhs.ne.gov'; 'jmiyoshi@lpnnrd.org'; 'steve.chick@ne.usda.gov';<br />

'pcclerk@megavision.com'; 'cityadmin@cablene.com'; 'ncpza@hamilton.net';<br />

'rbishop@cpnrd.org'; 'jwinkler@papionrd.org'; 'lpsnrd@lpsnrd.org'; 'jmangi@columbusne.us';<br />

'cgenoa@cablene.com'; 'monroe@megavision.com'; 'calms@neb.rr.com';<br />

'danno@nohva.com'; 'mbrown9@unl.edu'; 'rtrudell@santeedakota.org';<br />

'jblackhawk@aol.com'; 'vwills@pawneenation.org'; 'Brian.Dunnigan@nebraska.gov';<br />

'msittler@lpsnrd.org'; 'butchk@nctc.net'; 'robertm@llnrd.org'; 'jmsunne@nppd.com';<br />

'jalexand@usgs.gov'; 'jjshadl@nppd.com'; 'cothern.joe@epa.gov';<br />

'justin.lavene@nebraska.gov'; 'bobbie.wickham@nebraska.gov';<br />

'kennyj@headwaterscorp.com'; 'mferguson@gp.usbr.gov'; 'Willie_Taylor@ios.doi.gov';<br />

'Robert_F_Stewart@ios.doi.gov'; 'jeddins@achp.gov'; 'kenneth.sessa@dhs.gov';<br />

'peggy.harding@ferc.gov'; 'djjarecke@clarkswb.net'; 'al.berndt@nebraska.gov';<br />

'astuthman@leg.ne.gov'; 'ksullivan@leg.ne.gov'; 'clangemeier@leg.ne.gov';<br />

'adubas@leg.ne.gov'; 'chairmanrhodd@ponca.com'; 'asheridan@omahatribe.com';<br />

'don_simpson@blm.gov'; 'nicholas.jayjack@ferc.gov'; 'jill.dolberg@nebraska.gov';<br />

'prescott.brownell@noaa.gov'; 'marvp@megavision.com'; 'lewrightjr@gmail.com';<br />

'thowe@ponca.com'; 'zach_nelson@bennelson.senate.gov'; 'julias@poncatribe1ne.org';<br />

'todd.crawford@mail.house.gov'; 'louis1pofahl@mail.house.gov';<br />

'emily_brummund@johanns.senate.gov'; 'deb.vanmatre@mail.house.gov'; 'tpetr@loup.com';<br />

'mike.black@bia.gov'; 'janet.hutzel@ferc.gov'; 'isis.johnson@ferc.gov'; 'lee.emery@ferc.gov';<br />

'paul.makowski@ferc.gov'<br />

Cc: Angel Robak; Jim Frear; Neil Suess; Ron Ziola; Damgaard, Quinn V.; Engelbert, Pat; Frame,<br />

Gail; Grennan, Dennis E.; Hunt, George; Madson, Michael J.; Pillard, Matt; Richardson, Lisa<br />

(Omaha); Sigler, Bill; Thompson, Wendy; Waldow, George; White, Stephanie<br />

Subject: <strong>Loup</strong> <strong>Power</strong> <strong>District</strong> 1 FERC Relicensing: Meeting Summary Filed with FERC<br />

Relicensing <strong>Part</strong>icipants:<br />

<strong>Loup</strong> <strong>Power</strong> <strong>District</strong> has electronically filed the Meeting Summary from the Initial Study Results Meeting held on<br />

September 9, 2020. The report is available on FERC’s e1library and on the <strong>District</strong>’s relicensing website:<br />

http://www.loup.com/relicense/html/documents.html.<br />

Thank you.<br />

Matt Pillard, AICP<br />

Senior Environmental Planner<br />

Professional Associate<br />

HDR | ONE COMPANY | Many Solutions Sol<br />

8404 Indian Hills Drive | Omaha, NE | 6811414098<br />

Phone: 402.399.1186 | Fax: 402.399.1111<br />

Email: Matt.Pillard@hdrinc.com<br />

1


Selzle, Lydia<br />

From: Pillard, Matt<br />

Sent: Tuesday, October 19, 2010 7:48 AM<br />

To: 'frank.albrecht@nebraska.gov'; 'john.bender@nebraska.gov'; 'jeff_runge@fws.gov';<br />

'robert_harms@fws.gov'; 'barbara.j.friskopp@usace.army.mil'; 'abaum@upperloupnrd.org';<br />

'randy_thoreson@nps.gov'; 'bob.puschendorf@nebraska.gov'; 'mkuzila1@unl.edu';<br />

'david.jundt@dhhs.ne.gov'; 'jmiyoshi@lpnnrd.org'; 'steve.chick@ne.usda.gov';<br />

'pcclerk@megavision.com'; 'cityadmin@cablene.com'; 'ncpza@hamilton.net';<br />

'rbishop@cpnrd.org'; 'jwinkler@papionrd.org'; 'lpsnrd@lpsnrd.org'; 'jmangi@columbusne.us';<br />

'cgenoa@cablene.com'; 'monroe@megavision.com'; 'calms@neb.rr.com';<br />

'danno@nohva.com'; 'mbrown9@unl.edu'; 'rtrudell@santeedakota.org';<br />

'jblackhawk@aol.com'; 'vwills@pawneenation.org'; 'Brian.Dunnigan@nebraska.gov';<br />

'msittler@lpsnrd.org'; 'butchk@nctc.net'; 'robertm@llnrd.org'; 'jmsunne@nppd.com';<br />

'jalexand@usgs.gov'; 'jjshadl@nppd.com'; 'cothern.joe@epa.gov';<br />

'justin.lavene@nebraska.gov'; 'bobbie.wickham@nebraska.gov';<br />

'kennyj@headwaterscorp.com'; 'mferguson@gp.usbr.gov'; 'Willie_Taylor@ios.doi.gov';<br />

'Robert_F_Stewart@ios.doi.gov'; 'jeddins@achp.gov'; 'kenneth.sessa@dhs.gov';<br />

'peggy.harding@ferc.gov'; 'djjarecke@clarkswb.net'; 'al.berndt@nebraska.gov';<br />

'astuthman@leg.ne.gov'; 'ksullivan@leg.ne.gov'; 'clangemeier@leg.ne.gov';<br />

'adubas@leg.ne.gov'; 'chairmanrhodd@ponca.com'; 'asheridan@omahatribe.com';<br />

'don_simpson@blm.gov'; 'nicholas.jayjack@ferc.gov'; 'jill.dolberg@nebraska.gov';<br />

'prescott.brownell@noaa.gov'; 'marvp@megavision.com'; 'lewrightjr@gmail.com';<br />

'thowe@ponca.com'; 'zach_nelson@bennelson.senate.gov'; 'julias@poncatribe4ne.org';<br />

'todd.crawford@mail.house.gov'; 'louis4pofahl@mail.house.gov';<br />

'emily_brummund@johanns.senate.gov'; 'deb.vanmatre@mail.house.gov'; 'tpetr@loup.com';<br />

'mike.black@bia.gov'; 'janet.hutzel@ferc.gov'; 'isis.johnson@ferc.gov'; 'lee.emery@ferc.gov';<br />

'paul.makowski@ferc.gov'<br />

Cc: Angel Robak; Jim Frear; Neil Suess; Ron Ziola; Damgaard, Quinn V.; Engelbert, Pat; Frame,<br />

Gail; Grennan, Dennis E.; Hunt, George; Madson, Michael J.; Pillard, Matt; Richardson, Lisa<br />

(Omaha); Sigler, Bill; Thompson, Wendy; Waldow, George; White, Stephanie<br />

Subject: <strong>Loup</strong> <strong>Power</strong> <strong>District</strong> 4 FERC Relicensing: Initial Study Report Submittal to FERC<br />

Relicensing <strong>Part</strong>icipants:<br />

This e-mail is to inform you of the timing for the updated Initial Study Report and Study Results Meeting for the <strong>Loup</strong><br />

River Hydroelectric Relicensing.<br />

On January 6, 2011, the <strong>District</strong> will be submitting the Updated Initial Study Report (ISR) to FERC, it will also be posted on<br />

the website at http://www.loup.com/relicense. This report will include study reports for the following completed<br />

studies:<br />

1 – Sedimentation (update on ungaged analysis)<br />

2 – Hydrocyling<br />

4 – Water Temperature in the <strong>Loup</strong> River Bypass Reach<br />

5 – Flow Depletion/Flow Diversion<br />

8 – Recreation Use<br />

11 – Section 106 Compliance (update)<br />

12 – Ice Jam Flooding on the <strong>Loup</strong> River Bypass Reach<br />

The Study Results meeting is scheduled for January 20 th and 21 st . Due to the number of studies included in the Initial<br />

Study Results report, the <strong>District</strong> will hold a two day meeting:<br />

Date and Time Topic Location<br />

Thursday, Jan 20<br />

10:00 AM – 5:00 PM<br />

Study Results for Hydrocyling, Flow<br />

Depletion/Flow Diversion,<br />

1<br />

New World Inn<br />

265 33 rd Ave


Friday, Jan 21<br />

8:00 AM – 12:00 PM<br />

Temperature, Recreation Use, and Ice Columbus, NE<br />

For those not able to attend in person, conference call capabilities will be available.<br />

We appreciate your time and input on this relicensing effort. If you have any questions regarding the upcoming reports<br />

or meetings, please call me at (402) 399-1186.<br />

Matt Pillard, AICP<br />

Senior Environmental Planner<br />

Professional Associate<br />

HDR | ONE COMPANY | Many Solutions Sol<br />

8404 Indian Hills Drive | Omaha, NE | 6811444098<br />

Phone: 402.399.1186 | Fax: 402.399.1111<br />

Email: Matt.Pillard@hdrinc.com<br />

2


Selzle, Lydia<br />

From: Pillard, Matt<br />

Sent: Wednesday, October 20, 2010 6:54 AM<br />

To: 'frank.albrecht@nebraska.gov'; 'john.bender@nebraska.gov'; 'jeff_runge@fws.gov';<br />

'robert_harms@fws.gov'; 'barbara.j.friskopp@usace.army.mil'; 'abaum@upperloupnrd.org';<br />

'randy_thoreson@nps.gov'; 'bob.puschendorf@nebraska.gov'; 'mkuzila1@unl.edu';<br />

'david.jundt@dhhs.ne.gov'; 'jmiyoshi@lpnnrd.org'; 'steve.chick@ne.usda.gov';<br />

'pcclerk@megavision.com'; 'cityadmin@cablene.com'; 'ncpza@hamilton.net';<br />

'rbishop@cpnrd.org'; 'jwinkler@papionrd.org'; 'lpsnrd@lpsnrd.org'; 'jmangi@columbusne.us';<br />

'cgenoa@cablene.com'; 'monroe@megavision.com'; 'calms@neb.rr.com';<br />

'danno@nohva.com'; 'mbrown9@unl.edu'; 'rtrudell@santeedakota.org';<br />

'jblackhawk@aol.com'; 'vwills@pawneenation.org'; 'Brian.Dunnigan@nebraska.gov';<br />

'msittler@lpsnrd.org'; 'butchk@nctc.net'; 'robertm@llnrd.org'; 'jmsunne@nppd.com';<br />

'jalexand@usgs.gov'; 'jjshadl@nppd.com'; 'cothern.joe@epa.gov';<br />

'justin.lavene@nebraska.gov'; 'bobbie.wickham@nebraska.gov';<br />

'kennyj@headwaterscorp.com'; 'mferguson@gp.usbr.gov'; 'Willie_Taylor@ios.doi.gov';<br />

'Robert_F_Stewart@ios.doi.gov'; 'jeddins@achp.gov'; 'kenneth.sessa@dhs.gov';<br />

'peggy.harding@ferc.gov'; 'djjarecke@clarkswb.net'; 'al.berndt@nebraska.gov';<br />

'astuthman@leg.ne.gov'; 'ksullivan@leg.ne.gov'; 'clangemeier@leg.ne.gov';<br />

'adubas@leg.ne.gov'; 'chairmanrhodd@ponca.com'; 'asheridan@omahatribe.com';<br />

'don_simpson@blm.gov'; 'nicholas.jayjack@ferc.gov'; 'jill.dolberg@nebraska.gov';<br />

'prescott.brownell@noaa.gov'; 'marvp@megavision.com'; 'lewrightjr@gmail.com';<br />

'thowe@ponca.com'; 'zach_nelson@bennelson.senate.gov'; 'julias@poncatribe4ne.org';<br />

'todd.crawford@mail.house.gov'; 'louis4pofahl@mail.house.gov';<br />

'emily_brummund@johanns.senate.gov'; 'deb.vanmatre@mail.house.gov'; 'tpetr@loup.com';<br />

'mike.black@bia.gov'; 'janet.hutzel@ferc.gov'; 'isis.johnson@ferc.gov'; 'lee.emery@ferc.gov';<br />

'paul.makowski@ferc.gov'<br />

Cc: Angel Robak; Jim Frear; Neil Suess; Ron Ziola; Damgaard, Quinn V.; Engelbert, Pat; Frame,<br />

Gail; Grennan, Dennis E.; Hunt, George; Madson, Michael J.; Pillard, Matt; Richardson, Lisa<br />

(Omaha); Sigler, Bill; Thompson, Wendy; Waldow, George; White, Stephanie<br />

Subject: <strong>Loup</strong> <strong>Power</strong> <strong>District</strong> 4 FERC Relicensing: Initial Study Report Comments<br />

Relicensing <strong>Part</strong>icipants –<br />

This is a reminder that comments on the Initial Study Report submitted on August 26 th and presented at the Initial Study<br />

Results meeting on September 9 th are due on Monday, October 25 th . The studies that were presented include:<br />

1 – Sedimentation<br />

7 – Fish Passage<br />

8 – Recreation Phone Survey Results (Interim General Recreation Report submitted on September 15 th )<br />

10 – Land Use Inventory<br />

11 – Section 106 – Historic Buildings Inventory and Evaluation and Phase I/II Archaeological Inventory and Evaluation<br />

Comments are due to FERC on these studies on October 25 , 2010.<br />

Thanks!<br />

Matt Pillard, AICP<br />

Senior Environmental Planner<br />

Professional Associate<br />

HDR | ONE COMPANY | Many Solutions Sol<br />

8404 Indian Hills Drive | Omaha, NE | 6811444098<br />

Phone: 402.399.1186 | Fax: 402.399.1111<br />

Email: Matt.Pillard@hdrinc.com<br />

1


OFFICE OF ENERGY PROJECTS<br />

Neal D. Suess, President/CEO<br />

<strong>Loup</strong> <strong>Power</strong> <strong>District</strong><br />

2404 15 th Street<br />

P.O. Box 988<br />

Columbus, NE 68602-0988<br />

FEDERAL ENERGY REGULATORY COMMISSION<br />

WASHINGTON, D.C. 20426<br />

October 22, 2010<br />

Project No. 1256-029 – Nebraska<br />

<strong>Loup</strong> River Hydroelectric Project<br />

<strong>Loup</strong> River Public <strong>Power</strong> <strong>District</strong><br />

Reference: Commission Staff Comments on Initial Study Report and Meeting<br />

Summary<br />

Dear Mr. Suess:<br />

Commission staff has reviewed the initial study report and meeting summary for<br />

the <strong>Loup</strong> Project No. 1256, filed on August 27, 2010 and September 24, 2010,<br />

respectively. Our comments and requests for clarification on the meeting summary are<br />

provided in appendix A. Our comments and requests for clarification on the initial study<br />

report are provided in appendix B.<br />

Any questions on these comments should be directed to Lee Emery at (202) 502-<br />

8379 or lee.emery@ferc.gov.<br />

Enclosure: Schedule A<br />

cc: Mailing List<br />

Public Files<br />

Sincerely,<br />

Nicholas Jayjack, Chief<br />

Midwest Branch<br />

Division of Hydropower Licensing


Comments on Meeting Summary<br />

APPENDIX – A<br />

We have reviewed the meeting summary pursuant to 18 CFR § 5.15(c)(4),<br />

and have the following comments and clarifications:<br />

Study 2.0, Hydrocycling<br />

During the Study Results Meeting held on September 9, 2010, in the<br />

discussion about Study 2.0, Hydrocycling, we asked whether any resolution was<br />

reached concerning the use of the sediment transport component within HEC-RAS<br />

to evaluate the effects of hydrocycling on interior least tern and piping plover<br />

nesting habitat. The meeting summary, filed on September 24, 2010, says that the<br />

consulting firm would use the sediment transport calculations that were performed<br />

as part of the sedimentation study to evaluate the effects of alternative project<br />

operations. However, the meeting summary appears to miss the response to our<br />

question in which the transcript of the meeting states the consultant would set up<br />

the model (we assume the sediment transport component within the HEC-RAS<br />

model) to determine how alternative project operations affect sediment transport.<br />

Specifically, the transcript states that, “Initially we will set up the model and make<br />

some runs to provide us an idea of how things have changed.” Therefore, please<br />

revise the meeting summary to be consistent with your response to our question<br />

within the transcript.<br />

A-1


Comments on Initial Study Report<br />

APPENDIX – B<br />

Commission staff have reviewed the initial study report pursuant to 18 CFR<br />

§ 5.15(c)(4), and have the following comments and clarifications:<br />

Study 1.0, Sedimentation<br />

Based on the Study Plan Determination issued by the Commission on<br />

August 26, 2009, the <strong>Loup</strong> <strong>Power</strong> <strong>District</strong> was to analyze the relationship between<br />

the available interior least tern (Sternula antillarum athalossos) and piping plover<br />

(Charadrius melodus) nesting and productivity data versus sediment transport<br />

indicators for both wet and dry cycles as part of Objective 3 of the Sedimentation<br />

Study. In the initial study report, <strong>Loup</strong> <strong>Power</strong> <strong>District</strong> explains that upon<br />

examining the data available, it was determined (by them) that nest count numbers<br />

were the most optimal data set for use in a regression analysis.<br />

While we understand the limitations of the data available with respect to<br />

statistical examination, the nesting and productivity data that exists is valuable in<br />

providing a more comprehensive and qualitative view of the tern and plover<br />

populations in the vicinity of the project. As such, we request that the <strong>Loup</strong> <strong>Power</strong><br />

<strong>District</strong> submit to us the available nesting and productivity data for both species,<br />

including the most recent counts. The data should include, but not be limited to:<br />

(1) nest counts and general location; (2) number of eggs; (3) fledging success; and<br />

(4) any other pertinent demographic information not currently contained in the<br />

study results.<br />

Lastly, it is unclear whether the <strong>Loup</strong> <strong>Power</strong> <strong>District</strong> considered “wet” and<br />

“dry” year variations in the statistical analysis presented in the report, as required<br />

by the Study Plan Determination. Please clarify.<br />

Study 2.0, Hydrocycling<br />

In the Revised Study Plan (RSP) dated July 27, 2009, <strong>Loup</strong> <strong>Power</strong> <strong>District</strong><br />

proposed the use of sediment transport indicators (effective discharge and total<br />

sediment transported) to evaluate the effects of hydrocycling on interior least tern<br />

and piping plover nesting habitat. The RSP states that sediment transport<br />

indicators would be calculated for existing and alternative project operation using<br />

subdaily hydrographs. Please provide the discharge averaging period to be used to<br />

capture the subdaily operations. For example, the discharge averaging period<br />

could be 24 hours (mean daily), 1 hour, or perhaps 15 minutes. Please provide<br />

references for similar applications where the effects of artificial flow pulses, such<br />

B-1


as hydrocycling, have been successfully evaluated using sediment transport<br />

indicators.<br />

In a teleconference held on April 1, 2010, <strong>Loup</strong> <strong>Power</strong> <strong>District</strong> stated that<br />

the effective discharge methodology can be used to evaluate sediment<br />

augmentation through modification of the sediment rating curve. Please describe<br />

how the sediment rating curve would be modified to model sediment<br />

augmentation.<br />

In the Study Plan Determination for the <strong>Loup</strong> River Hydroelectric Project<br />

dated August 26, 2009, we were anticipating that you would use a sediment<br />

transport model, such as HEC-RAS, to study the effects of hydrocycling and<br />

sediment augmentation. The results of the modeling would provide a relative<br />

comparison of erosion or deposition within river sections for the alternative<br />

operations. A sensitivity analysis would identify significant parameters. We<br />

recommend that you use the sediment transport function within HEC-RAS to<br />

evaluate various operational scenarios specified in the study determination letter.<br />

The effort to execute the model would be minimal, because the hydraulic<br />

component of the HEC-RAS model and sediment data are already proposed.<br />

B-2


Selzle, Lydia<br />

From: Richardson, Lisa (Omaha)<br />

Sent: Sunday, October 24, 2010 12:12 PM<br />

To: Frame, Gail<br />

Subject: FW: HP#0804&127&01 & <strong>Loup</strong> <strong>Power</strong> <strong>District</strong><br />

Attachments: LSHPO.101022.Puschendorf_Transmission.pdf<br />

From: Richardson, Lisa (Omaha)<br />

Sent: Friday, October 22, 2010 10:28 AM<br />

To: Puschendorf, Bob<br />

Cc: Dolberg, Jill; 'Neal Suess'; 'Ron Ziola'; Madson, Michael J.<br />

Subject: HP#0804/127/01 / <strong>Loup</strong> <strong>Power</strong> <strong>District</strong><br />

Mr. Puschendorf,<br />

<strong>Loup</strong> <strong>Power</strong> <strong>District</strong> has been consulting with your office regarding their relicensing of the <strong>Loup</strong> River Hydroelectric Project<br />

under the Federal Energy Regulatory Commission. Although a Historic Properties Management Plan has not yet been<br />

developed, the <strong>District</strong> understands the importance of coordinating with SHPO regarding potential impacts to historic<br />

properties resulting from <strong>District</strong> activities.<br />

On behalf of <strong>Loup</strong> <strong>Power</strong> <strong>District</strong> I am providing information relative to a maintenance activity the <strong>District</strong> is undertaking.<br />

The <strong>District</strong> has prepared a letter that will be sent to your office today, but in the interest of time, I am communicating<br />

electronically and have attached a copy of the letter.<br />

The <strong>District</strong> is proposing reconstruction of an existing transmission line near a known archaeological site eligible for the<br />

NRHP. The <strong>District</strong> has performed pre&construction subsurface testing and determined that the soil profile at most pole<br />

locations has been previously disturbed by cultivation and erosion, or obscured by fill. In addition, the <strong>District</strong> will have an<br />

archaeologist on site to monitor excavation activities. Upon completion of excavation activities, the <strong>District</strong> will provide a<br />

report summarizing the results of the archaeological monitoring.<br />

If you have any questions about this activity or the attached letter, please feel free to contact me at (402&926&7026) or Mr.<br />

Neal Suess, CEO <strong>Loup</strong> <strong>Power</strong> <strong>District</strong> at (402) 564&3171 x268.<br />

Regards,<br />

Lisa<br />

Lisa M. Richardson, P.E.<br />

Professional Associate<br />

HDR One Company | Many Solutions<br />

8404 Indian Hills Drive<br />

Omaha, NE 68114&4049<br />

Phone: 402.926.7026<br />

Cell: 402.618.9865<br />

Fax: 402.399.1111<br />

1


October 22, 2010<br />

Mr. Robert Puschendorf<br />

State Historic Preservation Office<br />

1500 R Street<br />

P.O. Box 82554<br />

Lincoln, NE 68501-2554<br />

Re: HP#0804-127-01<br />

<strong>Loup</strong> River Hydroelectric Project Relicensing<br />

FERC Project No. 1256; Docket No. 1256-029<br />

Addendum to Phase I/II Archaeological Inventory and Evaluation<br />

Dear Mr. Puschendorf:<br />

<strong>Loup</strong> <strong>Power</strong> <strong>District</strong> (the <strong>District</strong>) proposes to reconstruct a single pole transmission line in<br />

the vicinity of site 25PT115, a property recommended eligible for listing on the National<br />

Register of Historic Places under criterion “d.” Currently, several transmission poles for the<br />

existing line are within the boundaries of site 25PT115. Because replacement of this line<br />

would represent an action within the Project APE, the <strong>District</strong> contracted with Nancy Carlson<br />

to perform subsurface testing efforts to assess whether the proposed locations of the eleven<br />

replacement transmission poles within the boundaries of the site will affect the integrity of<br />

archaeological materials, the quality of significance that contributes most directly to the site’s<br />

eligibility.<br />

The results of this effort suggest that the soil profile at most pole locations has been disturbed<br />

by cultivation and erosion, or obscured by fill. Two small lithic artifact fragments were<br />

found within the initial 10 cm of the surface and plow zone at the test site for Pole #17. No<br />

other archaeological remains or indications of buried archaeological deposits were<br />

encountered during this investigation. Ms. Carlson’s report is pending.<br />

Based on these results, the <strong>District</strong> proposes that the pole placement proceed under a “no<br />

historic properties affected” finding; that is, an historic property is present, but the proposed<br />

action will not diminish the qualities that contribute to its significance. The <strong>District</strong> seeks<br />

your concurrence with this finding contingent on archaeological monitoring of the auguring<br />

for each of the eleven poles within the boundaries of site 25PT115. All field investigations<br />

for this effort will be documented in a single report and provided to your office once the<br />

project is complete. In the unlikely event that a discovery occurs during monitoring, the<br />

augering activities will cease in the vicinity of the discovery and the <strong>District</strong> will notify all<br />

appropriate parties so that consultation may proceed in accordance with Section 800.13 of the<br />

regulations, 36 CFR <strong>Part</strong> 800.


Please do not hesitate to contact Michael Madson (HDR) at (763) 278-5921 or me at<br />

(402) 564-3171 if you have any questions about our proposed findings.<br />

Sincerely,<br />

Neal Suess<br />

President/CEO<br />

<strong>Loup</strong> <strong>Power</strong> <strong>District</strong><br />

cc:<br />

Jill Dolberg, SHPO<br />

Lee Emery, Federal Energy Regulatory Commission<br />

Janet Hutzel, Federal Energy Regulatory Commission<br />

Ron Ziola, <strong>Loup</strong> <strong>Power</strong> <strong>District</strong><br />

Lisa Richardson, HDR<br />

Michael Madson, HDR


October 25, 2010<br />

Kimberly D. Bose, Secretary<br />

Federal Energy Regulatory Commission<br />

888 First Street, N.E., Room IA<br />

Washington, DC 20426<br />

Dear Ms. Bose,<br />

Nebraska Game and Parks Commission<br />

2200 N. 33rd Sr. / P.O. Box 30370 / Lincoln, NE 68503-0370<br />

Phone: 402-471-0641/ Fax: 402-471-5528/ www.OurdoorNebraska.org<br />

Nebraska Game & Parks Commission staffmembers have reviewed the Initial Study Report<br />

(ISR) for the <strong>Loup</strong> River Hydroelectric Project, Nebraska, FERC Project No. 1256. The<br />

ISR provided study reports for Sedimentation, Fish Passage, Recreational Use, Land Use<br />

Inventory, and Section 106 Historic Buildings Inventory and Evaluation and Phase VII<br />

Archaeological Inventory and Evaluation. Pending studies include Hydrocycling, Water<br />

Temperature in the <strong>Loup</strong> River Bypass Reach, Flow DepletionIFlow Diversion and Ice Jam<br />

Flooding.<br />

The Nebraska Game & Parks Commission has been involved with this re-licensing effort from<br />

the beginning ofthe process. We have attended several meetings and provided letters which<br />

outlined a number ofconcerns and questions to include potential impacts to state-listed species.<br />

In the PAD, please reference a letter dated September 23, 2008 (Kristal Stoner to Melissa<br />

Marinovich) and a joint letter developed by the US Fish and Wildlife Service and the NGPC<br />

(letter dated July 21, 2008) for a detailed description ofour earlier comments.<br />

We appreciate the willingness of<strong>Loup</strong> <strong>Power</strong> <strong>District</strong> to undertake these studies. Specific<br />

comments on the Initial Study Report are provided below;<br />

Study 7: Fish Passage<br />

During the September 9, 2010 meeting, Scott Stuewe (HDR) presented the results ofthe fish<br />

passage study. The key points were as follows:<br />

• The Diversion Weir is submerged less than I percent ofthe spawning season and is generally a<br />

barrier to fish passage due to high flow velocities.<br />

• The Sluice Gate Structure does not provide a fish pathway due to limited operation and high<br />

flow-through velocities.<br />

• An alternative fish pathway around the Diversion Weir on the right bank ofthe <strong>Loup</strong> River<br />

exists (on average) less than I day out ofevery spawning season.<br />

hinted on recycledpaper with say ink.


Questions were raised regarding ifthe analysis would change is minimum velocities or a lower<br />

quartile velocity were used as fish would seek out the lowest velocities when trying to pass the<br />

structme. We would like to have this question answered to get a complete representation ofthe<br />

data.<br />

Study 1.0 Sedimentation Study<br />

Objective #3 ofthe sedimentation study is "to determine ifa relationship can be detected<br />

between sediment transport parameters and Interior Least Tern and Piping Plover nest counts".<br />

To accomplish this objective, it is necessary to carefully consider the data and use appropriate<br />

analytical and statistical methods. The superficiality ofthe Interior Least Tern and Piping Plover<br />

data analyses stand in stark contrast to the apparent complexity ofthe hydrological analyses.<br />

Simple analyses and statistics can be powerful, but they must be appropriate to the data and the<br />

data must be summarized properly or else they will be ineffective, as is the case here. We<br />

believe this study could be greatly improved. Specific comments and suggestions are listed<br />

below.<br />

1) Rather than stating that "pertinent literatme covering species' biology and avian<br />

survey methods was reviewed...", we suggest you cite the literatme in the document<br />

where relevant. This will be useful helping readers understand the justification for<br />

the approach and methods used.<br />

2) A critical first step in all studies is to review the data and determine what analyses are<br />

appropriate. The data were not summarized before analysis and the units ofanalysis<br />

were not defined. Consequently, there are errors ofpseudoreplication throughout the<br />

analysis, making it unusable. See Hmlbert, S.H., 1984. Pseudoreplication in the<br />

design ofecologicalfield experiments. Ecological Monographs 54: 187-211 for<br />

details.<br />

3) Parametric statistical tests should not have been used with these data. Nearly all data<br />

from biological systems are non-parametric (not normally distributed) and it is known<br />

from other analyses that this is the case with these data. No tests ofnormality were<br />

perfOimed nor were the data transformed to affect a normal distribution. Reviewing<br />

the residual or Q-Q plots would be helpful in addressing the distribution ofthe data<br />

(i.e. checking for normality) and would suggest more appropriate analyses.<br />

4) The specific statistical tests are not named (e.g. Tukey's, Spearman correlation,<br />

Kolmogorov-Smirnov, Mann-Whitney U, etc). This makes it impossible for readers<br />

to evaluate the analyses and interpret the results.<br />

5) It appears that some analyses were affected by the distribution ofthe data reflected in<br />

the presence ofoutlying points on the graphics. It would be helpful to review the data<br />

and identify the somce ofthese outliers.<br />

6) No significance tests, P-values, or estimates of error (i.e., standard error or SE) are<br />

provided in the text or in the graphs, even though they are easily calculated. This is a<br />

minimal expectation ofany statistical analysis.


7) A model-based analysis or Bayesian analysis would be a better way to approach the<br />

data. They would allow for multiple dependent variables, and interactions between<br />

dependent variables to be considered together. Also, they would provide predictions<br />

about how the system would behave in the future or under different flow regimes.<br />

8) The analysis could be simplified by considering that many ofthe dependent variables<br />

are likely cOlTelated. Addressing multicollinearity issues by conducting a<br />

correlation, multivariate, or principal components analysis could reduce the number<br />

ofdependent variables and simplifY the analyses.<br />

9) Ifregression and/or correlation analyses are used, they should only be a first step in<br />

the project and be followed by the appropriately applied tests of significance.<br />

10) A Generalized Linear Model with either a I) logistic regression or a 2) Poisson<br />

regression would be preferable to the linear regressions presented here and should be<br />

considered. There are, ofcourse, benefits and limitations to both methods. Logistic<br />

regression simplifies the response variable and may be useful when using "noisy"<br />

data. Poisson regression is appropriate when using count data as the response<br />

variable. Both techniques are readily available, quite easy to perform and are<br />

desirable ifLPPD is trying to produce a predictive analysis; this would allow much<br />

more flexibility and power in the analysis.<br />

11)R squared value (0.389), even though it is not meaningful due to flaws in the analysis,<br />

is high for exploratory analyses ofbiological systems. It is remarkable to be able to<br />

explain nearly 40% ofthe variation in a natural system so simply. This result should<br />

not be discounted.<br />

12)The data presented in the graphs, does, by observation, follow a curvilinear pattern,<br />

yet a straight line was fit to the data. A more thorough exploration ofthe data is<br />

necessary.<br />

In addition to the above, we have concerns regarding the manner in which information in the<br />

report is presented for Objective #3.<br />

1) It may be helpful to clearly state that there is a high probability ofa Type II error<br />

(false negative, failing to detect a relationship) because ofthe limitations ofthe data<br />

and available methods. Not detecting a relationship does not and should not<br />

necessarily lead to a conclusion that there are indeed relationships between sediment<br />

transport characters and bird use.<br />

2) On page 6, the document describes the Interior Least Tern colony on the North Sand<br />

Management Area as "significant". While there is no dispute that numerous pairs<br />

nest here each year, the term significant is not appropriate in this situation. The term<br />

"significant" has a specific statistical meaning and, in a document relying heavily on<br />

statistical analyses, that should be considered.<br />

3) On page 6, it should be clarified that the Tern and Plover Conservation <strong>Part</strong>nership<br />

monitors nesting activity on the North Sand Management Area with funding provided


Selzle, Lydia<br />

From: Richardson, Lisa (Omaha)<br />

Sent: Monday, November 01, 2010 7:09 AM<br />

To: Frame, Gail; Thompson, Wendy<br />

Subject: FW: HP#0804+127+01 + <strong>Loup</strong> <strong>Power</strong> <strong>District</strong><br />

From: Puschendorf, Bob [mailto:bob.puschendorf@nebraska.gov]<br />

Sent: Friday, October 22, 2010 10:34 AM<br />

To: Richardson, Lisa (Omaha)<br />

Cc: Dolberg, Jill; Neal Suess; Ron Ziola; Madson, Michael J.; Steinacher, Terry<br />

Subject: RE: HP#08047127701 7 <strong>Loup</strong> <strong>Power</strong> <strong>District</strong><br />

Lisa: Our archeologist, Dr. Terry Steinacher is out this week, but upon receipt of your letter we will process. However,<br />

we will also need to review Nancy Carlson’s report concerning the findings of her survey. We regret that we cannot<br />

accept email reviews.<br />

From: Richardson, Lisa (Omaha) [mailto:Lisa.Richardson@hdrinc.com]<br />

Sent: Friday, October 22, 2010 10:28 AM<br />

To: Puschendorf, Bob<br />

Cc: Dolberg, Jill; Neal Suess; Ron Ziola; Madson, Michael J.<br />

Subject: HP#08047127701 7 <strong>Loup</strong> <strong>Power</strong> <strong>District</strong><br />

Mr. Puschendorf,<br />

<strong>Loup</strong> <strong>Power</strong> <strong>District</strong> has been consulting with your office regarding their relicensing of the <strong>Loup</strong> River Hydroelectric Project<br />

under the Federal Energy Regulatory Commission. Although a Historic Properties Management Plan has not yet been<br />

developed, the <strong>District</strong> understands the importance of coordinating with SHPO regarding potential impacts to historic<br />

properties resulting from <strong>District</strong> activities.<br />

On behalf of <strong>Loup</strong> <strong>Power</strong> <strong>District</strong> I am providing information relative to a maintenance activity the <strong>District</strong> is undertaking.<br />

The <strong>District</strong> has prepared a letter that will be sent to your office today, but in the interest of time, I am communicating<br />

electronically and have attached a copy of the letter.<br />

The <strong>District</strong> is proposing reconstruction of an existing transmission line near a known archaeological site eligible for the<br />

NRHP. The <strong>District</strong> has performed pre+construction subsurface testing and determined that the soil profile at most pole<br />

locations has been previously disturbed by cultivation and erosion, or obscured by fill. In addition, the <strong>District</strong> will have an<br />

archaeologist on site to monitor excavation activities. Upon completion of excavation activities, the <strong>District</strong> will provide a<br />

report summarizing the results of the archaeological monitoring.<br />

If you have any questions about this activity or the attached letter, please feel free to contact me at (402+926+7026) or Mr.<br />

Neal Suess, CEO <strong>Loup</strong> <strong>Power</strong> <strong>District</strong> at (402) 564+3171 x268.<br />

Regards,<br />

Lisa<br />

Lisa M. Richardson, P.E.<br />

Professional Associate<br />

HDR One Company | Many Solutions<br />

8404 Indian Hills Drive<br />

Omaha, NE 68114+4049<br />

Phone: 402.926.7026<br />

1


November 1, 2010<br />

Gary Robinette<br />

Ponca Tribe of Nebraska<br />

P.O. Box 288<br />

Niobrara, NE 68760<br />

RE: <strong>Loup</strong> River Hydroelectric Project<br />

Platte and Nance counties, Nebraska<br />

FERC Project No. 1256<br />

Docket No. P-1256-029<br />

Dear Mr. Robinette:<br />

Per your discussion with Alan Stanfill of HDR, enclosed please find a copy of the Phase<br />

I/II Archaeological Inventory and Evaluation that was completed for the <strong>Loup</strong> River<br />

Hydroelectric Project which is owned and operated by <strong>Loup</strong> River Public <strong>Power</strong> <strong>District</strong><br />

(the <strong>District</strong>). The <strong>District</strong> is applying to the Federal Energy Regulatory Commission<br />

(FERC) to relicense the <strong>Loup</strong> River Hydroelectric Project. The existing license was<br />

effective on December 1, 1982, for a term ending April 15, 2014. <strong>Loup</strong> <strong>Power</strong> <strong>District</strong> is<br />

utilizing the Integrated Licensing Process (ILP) for this relicensing effort.<br />

Relicensing the Project is a Federal undertaking by FERC, and Section 106 of the<br />

National Historic Preservation Act of 1966, as amended (NHPA), requires Federal<br />

agencies to determine whether their undertakings have adverse effects on historic<br />

properties (any site, structure, or other property listed on or eligible for listing on the<br />

National Register of Historic Places [NRHP]) and allow interested parties the<br />

opportunity to comment on decisions and actions that may affect historic properties.<br />

Pursuant to 18 CFR §5.11 and §5.13, the <strong>District</strong> prepared a study plan to gather the<br />

information needed to comply with Section 106 as part of Project Relicensing. On<br />

August 26, 2009, FERC approved the <strong>District</strong>’s study (Study 11.0), as submitted in the<br />

Revised Study Plan on July 27, 2009. The <strong>District</strong> has completed the Phase I/II<br />

Archaeological Inventory and Evaluation of the Project and the Nebraska State Historic<br />

Preservation Office has approved the report.


At this time we are seeking your input regarding the findings of the report and<br />

continuance of our dialogue towards Section 106 compliance.<br />

Please do not hesitate to contact Michael Madson at HDR (763) 278-5921 or me at<br />

(402) 564-3171 if you have any questions about the Phase I/II Archaeological Inventory<br />

and Evaluation.<br />

Sincerely,<br />

Neal Suess<br />

President/CEO<br />

<strong>Loup</strong> <strong>Power</strong> <strong>District</strong><br />

cc (without attachments):<br />

Lisa Richardson, HDR<br />

Michael Madson, HDR<br />

Attachments:<br />

(1) Phase I/II Archaeological Inventory and Evaluation


November 3, 2010<br />

Emily Smith<br />

Winnebago Tribe of Nebraska<br />

P.O. Box 687<br />

Winnebago, NE 68701<br />

RE: <strong>Loup</strong> River Hydroelectric Project<br />

Platte and Nance counties, Nebraska<br />

FERC Project No. 1256<br />

Docket No. P-1256-029<br />

Dear Ms. Smith:<br />

Per your discussion with Alan Stanfill of HDR, enclosed please find a copy of the Phase<br />

I/II Archaeological Inventory and Evaluation that was completed for the <strong>Loup</strong> River<br />

Hydroelectric Project which is owned and operated by <strong>Loup</strong> River Public <strong>Power</strong> <strong>District</strong><br />

(the <strong>District</strong>). The <strong>District</strong> is applying to the Federal Energy Regulatory Commission<br />

(FERC) to relicense the <strong>Loup</strong> River Hydroelectric Project. The existing license was<br />

effective on December 1, 1982, for a term ending April 15, 2014. <strong>Loup</strong> <strong>Power</strong> <strong>District</strong> is<br />

utilizing the Integrated Licensing Process (ILP) for this relicensing effort.<br />

Relicensing the Project is a Federal undertaking by FERC, and Section 106 of the<br />

National Historic Preservation Act of 1966, as amended (NHPA), requires Federal<br />

agencies to determine whether their undertakings have adverse effects on historic<br />

properties (any site, structure, or other property listed on or eligible for listing on the<br />

National Register of Historic Places [NRHP]) and allow interested parties the<br />

opportunity to comment on decisions and actions that may affect historic properties.<br />

Pursuant to 18 CFR §5.11 and §5.13, the <strong>District</strong> prepared a study plan to gather the<br />

information needed to comply with Section 106 as part of Project Relicensing. On<br />

August 26, 2009, FERC approved the <strong>District</strong>’s study (Study 11.0), as submitted in the<br />

Revised Study Plan on July 27, 2009. The <strong>District</strong> has completed the Phase I/II<br />

Archaeological Inventory and Evaluation of the Project and the Nebraska State Historic<br />

Preservation Office has approved the report.


At this time we are seeking your input regarding the findings of the report and<br />

continuance of our dialogue towards Section 106 compliance.<br />

Please do not hesitate to contact Michael Madson at HDR (763) 278-5921 or me at<br />

(402) 564-3171 if you have any questions about the Phase I/II Archaeological Inventory<br />

and Evaluation.<br />

Sincerely,<br />

Neal Suess<br />

President/CEO<br />

<strong>Loup</strong> <strong>Power</strong> <strong>District</strong><br />

cc (without attachments):<br />

Lisa Richardson, HDR<br />

Michael Madson, HDR<br />

Attachments:<br />

(1) Phase I/II Archaeological Inventory and Evaluation


November 24, 2010<br />

Honorable Kimberly D. Bose, Secretary<br />

Federal Energy Regulatory Commission<br />

888 First Street NE<br />

Washington, DC 20426<br />

Subject: <strong>Loup</strong> River Hydroelectric Project<br />

ISR Meeting Comments<br />

FERC Project No. 1256<br />

Docket 1256-029<br />

Dear Secretary Bose,<br />

Via Electronic Filing<br />

<strong>Loup</strong> River Public <strong>Power</strong> <strong>District</strong> (<strong>Loup</strong> <strong>Power</strong> <strong>District</strong> or <strong>District</strong>) herein electronically files<br />

its responses to comments received on the Initial Study Results (ISR) Meeting Summary and<br />

the Initial Study Report for relicensing the <strong>Loup</strong> River Hydroelectric Project, FERC Project<br />

No. 1256 (Project). The <strong>District</strong> is the owner, operator, and original licensee of the Project.<br />

The existing license was effective on December 1, 1982, for a term ending April 15, 2014.<br />

<strong>Loup</strong> <strong>Power</strong> <strong>District</strong> is utilizing the Integrated Licensing Process (ILP) for this relicensing<br />

effort.<br />

In accordance with 18 CFR §5.15, the <strong>District</strong> presented the Initial Study Results to FERC<br />

and other relicensing participants during the Initial Study Results Meeting held on<br />

September 9, 2010. After the meeting, comments were received the following:<br />

• Commission Staff<br />

• U.S. Fish and Wildlife Service<br />

• Nebraska Game and Parks Commission<br />

• National Park Service


Attached please find the <strong>District</strong>’s responses to the comments received on the ISR Meeting<br />

Summary and the ISR. Reponses to each agency’s comments are provided separately in<br />

Attachments A through D, respectively.<br />

The <strong>District</strong> has prepared an updated Meeting Summary addressing the Commission’s<br />

comments. This updated summary is attached and also posted on the <strong>District</strong>’s relicensing<br />

website: www.loup.com/relicense.<br />

If you have any questions regarding the <strong>District</strong>’s responses, or any information provided by<br />

the <strong>District</strong>, please contact me at (402) 564-3171 ext. 268.<br />

Respectfully Submitted,<br />

Neal D. Suess<br />

President/CEO<br />

<strong>Loup</strong> <strong>Power</strong> <strong>District</strong><br />

Page 2


Attachment A<br />

November 24, 2010<br />

<strong>District</strong> response to Commission Staff comments on the ISR meeting summary and<br />

the ISR dated October 22, 2010.<br />

1. Comments on ISR Meeting Summary<br />

The meeting summary, filed on September 24, 2010, says that the consulting firm<br />

would use the sediment transport calculations that were performed as part of the<br />

sedimentation study to evaluate the effects of alternative project operations.<br />

However, the meeting summary appears to miss the response to our question in<br />

which the transcript of the meeting states the consultant would set up the model<br />

(we assume the sediment transport component within the HEC-RAS model) to<br />

determine how alternative project operations affect sediment transport.<br />

Specifically, the transcript states that, “Initially we will set up the model and make<br />

some runs to provide us an idea of how things have changed.”<br />

<strong>District</strong> Response<br />

The statement that “Initially we will set up the model and make some runs to<br />

provide us an idea of how things have changed” was meant to indicate that the<br />

HEC-RAS models would be developed and executed and that the hydraulics<br />

between the two cross sections would be compared. However, per FERC’s<br />

request, the <strong>District</strong> will also use the sediment transport module within HEC-RAS.<br />

The meeting summary has been updated to reflect this clarification.<br />

2. Comments on Study 1.0 - Sedimentation<br />

Commission Comment 1<br />

We request that the <strong>Loup</strong> <strong>Power</strong> <strong>District</strong> submit to us the available nesting and<br />

productivity data for both species, including the most recent counts. The data<br />

should include, but not be limited to: (1) nest counts and general location; (2)<br />

number of eggs; (3) fledging success; and (4) any other pertinent demographic<br />

information not currently contained in the study results.<br />

<strong>District</strong> Response<br />

In order to use the interior least tern and piping plover nesting and productivity<br />

data, the <strong>District</strong> entered into a Data Use Agreement with the Nebraska Game and<br />

Parks Commission (NGPC) that limits distribution of the data to other entities.<br />

The <strong>District</strong> has coordinated with NGPC regarding submittal of the raw nesting<br />

and productivity data to FERC, and even though the <strong>District</strong>’s Data Use<br />

Agreement allows submittal of the data to FERC, NGPC has requested that FERC<br />

also enter into a similar Data Use Agreement. The <strong>District</strong> has forwarded NGPC’s<br />

request to FERC staff; upon resolution of the need for FERC to sign a Data Use<br />

Agreement, the <strong>District</strong> will provide the raw nesting and productivity data as well<br />

as an assembled version of this data for FERC’s use.


November 24, 2010<br />

Commission Comment 2<br />

It is unclear whether the <strong>Loup</strong> <strong>Power</strong> <strong>District</strong> considered “wet” and “dry” year<br />

variations in the statistical analysis presented in the report, as required by the<br />

Study Plan Determination.<br />

<strong>District</strong> Response<br />

The <strong>District</strong>’s statistical analysis related to interior least tern and piping plover<br />

nesting was performed using available data from years 1985 through 2009. As<br />

noted in Section 4.3.2 of the Sedimentation Study Report, this period included<br />

years with wet, dry, and normal flows, as defined by USFWS (Anderson and<br />

Rodney, October 2006). However, the <strong>District</strong>’s statistical analysis did not<br />

segregate wet, dry, and normal into separate analyses.<br />

3. Comments on Study 2.0 - Hydrocycling<br />

Commission Comment 1<br />

Please provide the discharge averaging period to be used to capture the subdaily<br />

operations. For example, the discharge averaging period could be 24 hours (mean<br />

daily), 1 hour, or perhaps 15 minutes. Please provide references for similar<br />

applications where the effects of artificial flow pulses, such as hydrocycling, have<br />

been successfully evaluated using sediment transport indicators.<br />

<strong>District</strong> Response<br />

The <strong>District</strong> intends to use 15-minute data to evaluate sediment transport<br />

indicators between current operations (hydrocycling) and run of river.<br />

With respect to references for similar applications of sediment transport indicators<br />

to evaluate morphological effects of “artificial flow pulses,” the <strong>District</strong> notes that<br />

even though the phrase, “sediment transport indicators” is largely related to the<br />

determination and use of effective and dominant discharge and total sediment<br />

transported by an actual or an artificial hydrograph of flows, any application that<br />

employs sediment transport capacity calculations falls in the same category of<br />

science. Each “parameter” requires calculation of daily sediment transport<br />

capacity using equations like Yang’s. Thus, calculation of daily sediment<br />

transport capacity is part and parcel with determining the “indicators.” Any study<br />

of other project’s impacts on sediment processes that involved estimates of daily<br />

transport capacity by any of the available methods (Yang’s, etc.) falls under the<br />

umbrella of “sediment transport indicators.” Further, any peer-reviewed<br />

publication employing daily sediment transport capacity calculations implies that<br />

if the methods were acceptable by the scientific community for use with daily<br />

actual and/or artificial flows, their scientific applicability and acceptance for use in<br />

evaluating actual or artificial sub-daily flow “pulses” is implied. The methods<br />

apply, no matter what magnitude or duration of flow is input. Acceptance by the


November 24, 2010<br />

scientific community of sediment transport capacity calculation applications to<br />

historical and artificial daily discharges implies acceptability of the methods for<br />

sub-daily flows, whether historical or artificial.<br />

As far as specific use of parameters like effective and dominant discharges and<br />

total sediment transport, the literature search and bibliography sections of the ISR<br />

elaborate fully on others’ acceptance of their applicability to this issue, showing<br />

that these “indicators” are considered fully relevant to Platte and other river<br />

morphologies. Several proposed diversion and storage projects in Nebraska, such<br />

as the Twin Valley, Enders, Landmark, and Prairie Bend projects, have been<br />

evaluated by comparing sediment transport parameters for without- and withproject<br />

conditions. Each involved analyses of “synthetic” flows. Some of the<br />

references in the ISR refer to these analyses, while many others are available in<br />

records of hearings before the Nebraska Department of Water Resources on<br />

instream water right applications.<br />

Commission Comment 2<br />

In a teleconference held on April 1, 2010, <strong>Loup</strong> <strong>Power</strong> <strong>District</strong> stated that the<br />

effective discharge methodology can be used to evaluate sediment augmentation<br />

through modification of the sediment rating curve. Please describe how the<br />

sediment rating curve would be modified to model sediment augmentation.<br />

<strong>District</strong> Response<br />

If sediment augmentation is evaluated; the rating curve would only be modified if<br />

a different gradation of sediment was being used for augmentation, i.e., readily<br />

available source material. Based on the results at the gaged locations, in which the<br />

sedimentation study showed that the reaches were not supply limited, the <strong>District</strong><br />

does not anticipate evaluating any sediment augmentation alternatives. The<br />

<strong>District</strong> is currently evaluating whether or not the ungaged sites are flow or supply<br />

limited.<br />

Commission Comment 3<br />

The commission recommends use of the sediment transport function within HEC-<br />

RAS to evaluate various operational scenarios specified in the study determination<br />

letter. The effort to execute the model would be minimal, because the hydraulic<br />

component of the HEC-RAS model and sediment data are already proposed.<br />

<strong>District</strong> Response<br />

The <strong>District</strong> is using the sediment transport function in HEC-RAS in conjunction<br />

with the sediment transport calculations at the ungaged sites as outlined in the<br />

RSP. The <strong>District</strong> will include the results of the HEC-RAS analysis in the<br />

Updated ISR.


References<br />

November 24, 2010<br />

Anderson, Donald M., and Mark W. Rodney. October 2006. “Characterization of<br />

Hydrologic Conditions to Support Platte River Species Recovery Efforts.”<br />

Journal of the American Water Resources Association 42(5):1391-1403.


Attachment B<br />

<strong>District</strong> response to U.S. Fish and Wildlife Service (USFWS) comments on the ISR,<br />

dated October 20, 2010.<br />

1. Introductory Comments<br />

USFWS Comment 1<br />

“The ESA requires that the action agency provide the best scientific and<br />

commercial data available concerning the impact of the proposed Project on listed<br />

species and/or critical habitat. Likewise, the Service is also required to gather,<br />

review, and evaluate information to determine if it meets best scientific and<br />

commercial data standards prior to undertaking listing, recovery, section 7<br />

consultation, and permitting actions [59 FR 34271 (July 1,1994)]. For section 7<br />

consultation, the Service completes its evaluation in the context of whether the<br />

best commercial and scientific data is sufficient to ascertain if the proposed Project<br />

relicensing “may affect” federally listed species or federally designated critical<br />

habitat. Thus, our comments will apply the legal definition of may adversely<br />

affect" as the measure of Project effects to federally listed species and federally<br />

designated critical habitat.”<br />

<strong>District</strong> Response<br />

The <strong>District</strong> is surprised by USFWS’ reference to 59 FR 34721 and the “best<br />

scientific and commercial data standards.” Although USFWS issued a policy on<br />

information standards in 1994, this is the first time that this standard has been<br />

mentioned over the course of nearly 3 years of collaboration with USFWS<br />

regarding relicensing of the <strong>District</strong>’s Project. Since USFWS participated in study<br />

development, including providing comments on the PSP and RSP, and never<br />

mentioned this standard, the <strong>District</strong> has been operating under the assumption that<br />

USFWS agreed that the information used in the studies is the best scientific and<br />

commercial data available.<br />

Additionally, the <strong>District</strong> assumes that USFWS’ comments related to use of data<br />

to evaluate whether the project “may affect” or “may adversely affect” federally<br />

listed species was referring to the Action Agency’s (FERC’s) determination of<br />

effects, rather than USFWS’.<br />

USFWS Comment 2<br />

“These Service comments should be considered by FERC as preliminary because<br />

critical information from the Sediment Transport study for the un-gaged locations,<br />

including cross sections, are necessary prior to comprehensively evaluating Project<br />

effects to federally listed species. Furthermore, Sedimentation study results from<br />

the ISR would need to be cross validated with results from the Hydrocycling and<br />

Flow Bypass/Flow Diversion studies prior to developing conclusions about the


adequacy of the Sedimentation study. Our comments were also prepared to assist<br />

FERC with study modifications that would improve the understanding of Project<br />

effects; these suggested modifications are provided in accordance with FERC’s<br />

criteria for requesting new studies. We also provide comments relating to the<br />

study interpretations and conclusions. However given the limited information<br />

available for review, the Service would prefer to defer final comments, under the<br />

Sedimentation section, until after the agency meeting on February 23<br />

and 24, 2011.”<br />

<strong>District</strong> Response<br />

The <strong>District</strong> agrees with USFWS that final comments on the ISR, <strong>Appendix</strong> A,<br />

Sedimentation Study Report, be postponed until the ungaged analysis and other<br />

remaining studies are complete. The <strong>District</strong> recognizes that important<br />

information relative to the sediment transport calculations and the subsequent<br />

spatial analysis using the data from the ungaged sites is needed before final<br />

comments can be compiled. As will be demonstrated in the Updated Initial Study<br />

Report, the ungaged site data were compiled and analyzed according to plan. The<br />

<strong>District</strong> anticipates that many of the concerns regarding sedimentation will be<br />

addressed during the Updated Initial Study Results Meeting to be held in February<br />

2011. Therefore, the <strong>District</strong> considers its responses to USFWS’ comments to be<br />

preliminary as well. Furthermore, the <strong>District</strong> will not propose any revisions to<br />

the study until final agency comments are received and considered by FERC.<br />

2. Comments on Study Evaluation and Recommended Changes<br />

USFWS Comment 1<br />

“The Service used four criteria to determine if the six studies included in 1.0<br />

Sedimentation of the ISR meet the standard for best scientific and commercial data<br />

as outlined in 59 FR 34271…. These criteria (Purpose, Directness, Location, and<br />

Timing) and a rating scale for each are listed in Table 1.”<br />

<strong>District</strong> Response<br />

Again, the <strong>District</strong> is surprised that USFWS is suggesting new criteria to evaluate<br />

the study results at this late date. These criteria may have been useful in designing<br />

the studies a year and a half ago, but at this time, the <strong>District</strong> feels that the study<br />

results should be evaluated based on the goals and objectives from the Study Plan<br />

as approved by FERC.<br />

3. Comments on Cross Section (item a)<br />

USFWS Comment 1<br />

“The Cross Section study was determined by the Service to represent the best<br />

scientific and commercial data available thereby effectively addressing Project<br />

effects to federally listed species.... Additional cross sections identified in the<br />

Final Study Determination including the <strong>Loup</strong> River upstream of the diversion


dam, lower Platte River between the <strong>Loup</strong> River and tailrace canal confluences,<br />

and the lower Platte River within 5 miles downstream of the tailrace canal will<br />

provide for a high location ranking and we urge collection of this important<br />

information. Other than collection of this information, we can offer no other<br />

suggestions at this time that might improve the Cross Section study.”<br />

<strong>District</strong> Response<br />

The <strong>District</strong> also recognizes the importance of collecting and evaluating the<br />

ungaged-site data, the results of which will be presented at the upcoming<br />

meetings. However, the <strong>District</strong> cautions USFWS and FERC that these data still<br />

represent just a “snapshot” in time and should used with caution. As has been<br />

demonstrated in similar studies (Lower Platte River Stage Change Study) and as<br />

discovered in the data collected, the cross sections are continuously shifting,<br />

which is characteristic of a braided system. The long-term trends clearly show<br />

that both the <strong>Loup</strong> and Platte rivers are neither aggrading nor degrading, as shown<br />

in the ISR, <strong>Appendix</strong> A, Sedimentation Study Report.<br />

4. Comments on Sediment Transport (item b)<br />

USFWS Comment 1<br />

“The Sediment Transport study ranks high under the Purpose criterion because it<br />

provides a good assessment of Project effects to sediment transport and federally<br />

listed species. This study generally meets the standards for best scientific and<br />

commercial data thereby effectively addressing Project effects to federally listed<br />

species.”<br />

<strong>District</strong> Response<br />

The <strong>District</strong> appreciates this acknowledgement. As will be demonstrated in the<br />

Updated Initial Study Report, the <strong>District</strong> is applying the same methodology and<br />

approach in analyzing the data at the ungaged sites that was used for the gaged<br />

locations.<br />

USFWS Comment 2<br />

“The study currently receives a medium ranking for the Location criterion because<br />

the conclusions do not include results from beyond-bridge cross sections that were<br />

not collected due to difficult river and weather conditions. Improvements to the<br />

Location criteria, however, will be realized once sediment transport estimates are<br />

developed for <strong>Loup</strong> River upstream of the diversion dam, lower Platte River<br />

between the <strong>Loup</strong> River and tailrace canal confluences, and the lower Platte River<br />

within 5 miles downstream of the tailrace canal. We urge inclusion of these study<br />

segments to improve the Location criteria ranking from medium to high.”


<strong>District</strong> Response<br />

The <strong>District</strong> confirms that this information will be included in the Updated Initial<br />

Study Report.<br />

USFWS Comment 3<br />

“This study receives a medium ranking for the Timing criterion because of<br />

limitations in assessing sediment transport at the Columbus gage (ISR Transcript,<br />

Page 185, Lines 17-22). The Service understands that this deficiency can only be<br />

improved by using a longer period of record which is not possible given the<br />

limited time frame for studies. However, we are concerned that calibration<br />

uncertainty results in an approximate 30-percent reduction in sediment transport<br />

capacity for the <strong>Loup</strong> River at Columbus when compared to Genoa. The Service<br />

believes that the uncertainty associated with calibration should be transparent and<br />

incorporated into the overall analysis. Therefore, the Service recommends that<br />

FERC include ranges of uncertainty for all study segments. These ranges of<br />

uncertainty should be reported for annual and seasonal estimates of sediment<br />

transport.”<br />

<strong>District</strong> Response<br />

The uncertainty in the sediment transport parameter calculations at Columbus is<br />

transparent in the ISR. As stated in <strong>Appendix</strong> A, Sedimentation Study Report, and<br />

as noted by USFWS in its comment, the reason for the 30 percent reduction is<br />

because the sediment transport calculations for the <strong>Loup</strong> River at Genoa were<br />

based on 25 years of USGS measurements, while the sediment transport<br />

calculations for the <strong>Loup</strong> River at Columbus were based on approximately 1 year<br />

of USGS data. This is clearly stated in the ISR and the inherent uncertainty in<br />

having only one year’s data to compare with 25 years at other stations is<br />

transparent.<br />

The ISR notes that the sediment transport calculations for the Platte River gage at<br />

Leshara showed a slight decrease in capacity when compared to North Bend;<br />

however, this can be similarly attributed to having only 15 years of USGS data.<br />

The spatial analysis in the Sedimentation Study Report shows that the <strong>Loup</strong> River<br />

at Genoa and the Platte River at Duncan, North Bend, and Louisville all compared<br />

well with other studies when using 25 years of record. Based on this, the <strong>District</strong><br />

feels that with an increase in record length, the <strong>Loup</strong> River at the Columbus gage<br />

would be in greater spatial agreement with the <strong>Loup</strong> River at Genoa.<br />

With regard to reporting uncertainty limits on annual and seasonal estimates of<br />

sediment transport parameters for all study segments, these uncertainties are<br />

already transparent in the ISR in the form of graphs comparing the <strong>District</strong>’s plots<br />

through USGS measurements of sediment concentration, wetted width, average<br />

channel depth, and average channel velocity.


For example, the <strong>District</strong>’s calculated Yang-equation sediment transport rating<br />

curves for each segment were contrasted in <strong>Appendix</strong> A with USGS sediment<br />

concentration measurements over the full discharge range. This scatter in many<br />

cases covers full log-cycle ranges. These accurately and transparently expose the<br />

uncertainty in the rating curves. Similarly, every hydraulic geometry curve (Q<br />

versus W, D, and V) adopted for use in solving Yang’s equation is contrasted with<br />

USGS measurements of each variable over the full range of applicability to this<br />

study. Although uncertainty bands in the form of confidence limits were not<br />

inserted on the W, D, V, or sediment concentration curves, the graphs are probably<br />

more effective in communicating the ranges of possible values of the variables.<br />

With regard to uncertainty ranges of summary-type sediment transport parameters<br />

such as annual or seasonal dominant and effective discharges or annual and<br />

seasonal sediment transport, the ISR included and interpreted sensitivity analyses<br />

of the inputs to Yang’s equation, which is the basis of all the parameters. The<br />

parameters are derived by summing large numbers of values of random variables<br />

(daily and/or sub-daily transport capacities). General literature on uncertainty<br />

states that variables that are composed of sums of large numbers of random<br />

variables tend to follow normal or Pearson probability density functions (PDFs).<br />

Rather than assessing possible PDFs, the <strong>District</strong> believes that the data plots<br />

themselves provide better indications of the uncertainties than any set of<br />

confidence limits. Although not reported here, USGS publishes evaluations of<br />

uncertainties in their measurements. The <strong>District</strong> does not concur that it is<br />

responsible for evaluating uncertainties or establishing confidence limits for<br />

USGS measurements.<br />

Item 2 in the USFWS comments on FERC’s five criteria states that “Methods<br />

proposed by the Service will be used to determine the magnitude of these<br />

uncertainties.” The <strong>District</strong> suggests to FERC that no better method than visual<br />

representations of the variabilities in measured values exists for truly<br />

understanding the uncertainties in graphs plotted through that data.<br />

5. Comments on Aggradation/Degradation (item c)<br />

USFWS Comment 1<br />

“The indices used in the Aggradation/Degradation study (aggradation,<br />

degradation, or no trend) will provide a direct measure for the Project’s potential<br />

to affect federally listed species, which ranks high using the Purpose criterion. The<br />

study was ranked low under the Directness criterion because it applies findings of<br />

referenced studies that were not scaled to study the Project effects on sediment<br />

transport; therefore, generalized conclusions that were quoted from these studies<br />

may not directly apply to the Project tailrace return or to the bypass reach.”


<strong>District</strong> Response<br />

The <strong>District</strong> believes that the referenced studies on aggradation/degradation were<br />

scaled properly and accurately interpreted in our spatial analysis. The studies<br />

were comprehensive assessments by reaches, including the study reaches, of signs<br />

of any existing project’s impacts on aggradation/degradation. As noted<br />

previously, the <strong>District</strong>’s analysis of the ungaged sites will be included in the<br />

Updated Initial Study Report.<br />

USFWS Comment 2<br />

“Further, the Service had also identified limitations of this study in its ability to<br />

identify Project effects to least tern and piping plover nesting habitat because the<br />

sub-aerial component of the channel (i.e., sandbars) was not recorded as part of the<br />

U.S. Geological Survey (USGS) measured cross sections (Alexander 2009). The<br />

study receives a medium ranking for the Location criterion because the Chen et al.<br />

(1999) reference provides a good coverage for the <strong>Loup</strong> River bypass reach, but<br />

the stream gage at North Bend is approximately 30 miles downstream from the<br />

Project tailrace, the area where substantial Project affects would be expected. We<br />

recognize that it would take several decades to develop directed studies to assess<br />

aggradational/degradational trends near the Project's diversion and tailrace return<br />

and thus, little that can be done to improve the study under the Directness and<br />

Location criteria.”<br />

<strong>District</strong> Response<br />

The <strong>District</strong> notes that FERC has already made a determination regarding<br />

USFWS’ concern regarding the USGS cross-section data. In its SPD, FERC<br />

stated that “As to the FWS’ issue that the USGS cross-sectional data were only<br />

taken at points that were inundated, we don’t see how this is relevant to the<br />

characterization of stream morphology in the manner proposed by the <strong>District</strong>,<br />

which relies on a review of hydraulic data and calculations.” In addition, the<br />

<strong>District</strong> is currently completing analysis of the ungaged sites, which will include<br />

documentation of the sub-aerial component of the channel geometry and will be<br />

included in the Updated Initial Study Report.<br />

USFWS Comment 3<br />

“The ISR references information from a USGS publication (Chen et al. 1999) that<br />

evaluated aggradation/degradation at several stream gages on the Platte and <strong>Loup</strong><br />

rivers. A medium ranking was assigned to the Timing criterion because the<br />

information used by Chen et al. (1999) ended in 1995 and therefore is dated<br />

information. Thus, we recommend that the analysis developed by Chen et al.<br />

(1999) be expanded to include updated stream gage information for the <strong>Loup</strong><br />

River near Genoa, <strong>Loup</strong> River at Columbus, and Platte River at North Bend<br />

stream gages. All three gages are located near the areas influenced by Project<br />

operations. The revised analysis would be especially useful for the <strong>Loup</strong> River at


the Columbus gage which showed a statistically significant aggradational trend<br />

using 1967 to 1974 data. The analysis also showed that the <strong>Loup</strong> River at Genoa<br />

revealed a slight aggradational trend from the mid-1940s to the early 1970s when<br />

it appeared to level off. The ISR referenced, USACE (2009) publication did not<br />

evaluate trends in gradation at the <strong>Loup</strong> River stream gages. A revised analysis<br />

would be used to determine if trends in aggradation or degradation are continuing<br />

or if they represent continued environmental variability.”<br />

<strong>District</strong> Response<br />

The <strong>District</strong> performed aggradation/degradation analyses for the Platte River at<br />

Duncan, North Bend, Ashland, and Louisville for 1985 to 2010 in the Pre-<br />

Application Document (Section 5). The <strong>District</strong> notes that in the first paragraph of<br />

Chen’s abstract, Chen agrees that transport capacity is the key metric for<br />

aggradation/degradation trend analysis. The <strong>District</strong>’s analysis essentially updates<br />

and corroborates the Chen study results. The results of both studies showed that<br />

the gages were essentially neutral.<br />

USFWS Comment 4<br />

“Methods proposed by the Service above would require only a modest increase in<br />

effort, but would generate much useful information. Rating curves can be acquired<br />

through USGS water resources division in Lincoln, and Chen et al. (1999)<br />

provides the reference discharge needed for the analysis. Revised surface water<br />

elevations would be developed for each stream gage by applying all rating curves<br />

developed since 1995 from which a Kendall tau test would be used to assess trends<br />

in aggradation or degradation.”<br />

<strong>District</strong> Response<br />

The <strong>District</strong> will perform the Kendall tau test and report the results in the Updated<br />

Initial Study Report.<br />

6. Comments on Regime Theory (item d)<br />

USFWS Comment 1<br />

“The Regime Theory study received a low ranking under the Purpose criterion<br />

because none of the regime models can be used to discern Project sediment-related<br />

effects to channel morphology which severely limits the study’s ability to assess<br />

Project effects to federally listed species. It is important for FERC to recognize<br />

that <strong>District</strong> operations may adversely affect riverine habitat despite repeated, but<br />

questionable suggestions throughout the study that the river is in a state of<br />

dynamic equilibrium (see General Comments section). As a result of the study’s<br />

limited ability to assess the Project's sediment-related effects to federally listed<br />

species, the Service did not rank the study using remaining criteria. Thus, this<br />

study does not meet standards for best scientific and commercial data and cannot


e utilized by the Service in its evaluation of the Project affects on federally listed<br />

threatened and endangered species.”<br />

<strong>District</strong> Response<br />

The <strong>District</strong> believes that the regime methods accurately discern Project sedimentrelated<br />

effects on channel morphology. The long-term equilibrium morphology,<br />

as determined from the long-term effective and dominant discharges, was<br />

compared with annual and seasonal values of these parameters. This comparison<br />

determined that if the two sets of data are plotted on the regime graphs, they show<br />

that even if the magnitudes of the changes in both are permanent, the morphology<br />

has not been impacted. Further, the <strong>District</strong>’s choice of regime methods matched<br />

those used by USACE, meeting any test of “standard for best scientific and<br />

commercial data.”<br />

Regarding USFWS’s assertion that the <strong>District</strong> used “questionable suggestions<br />

throughout the study that the river is in a state of dynamic equilibrium,” the<br />

<strong>District</strong> would like to note that USACE also made the determination that the river<br />

was in dynamic equilibrium, as well as other supporting statements. In addition,<br />

both Chen (USGS) and USACE (July 1990) concluded that there was no evidence<br />

of any trend in aggradation or degradation in the <strong>Loup</strong> River at Genoa, Platte<br />

River at Duncan, Platte River at North Bend, and Platte River at Ashland, which<br />

offers evidence that it is in dynamic equilibrium.<br />

7. Comments on Sediment Budget (item e)<br />

USFWS Comment 1<br />

“The Sediment Budget study received a low ranking under the Purpose criterion<br />

because this study alone was not sufficient in assessing Project sediment-related<br />

effects to federally listed species. Although the study results were used to support<br />

conclusions in the Sediment Transport study, it could not provide definitive insight<br />

about Project effects in the absence of the Sediment Transport study. In other<br />

words, this study is ineffective in comparing a present condition alternative (with<br />

Project) to a without Project alternative because variables applied in this study<br />

would not change numerically as a result of changes in Project operations.<br />

Information from the ISR public meeting further supports the above Service<br />

conclusions in that the U.S. Army Corps of Engineers' estimates of yield were<br />

based on the river's ability to transport sediment and were not focused on available<br />

supply (ISR Transcript, Page 161, Lines 21-25 and Page 162, Lines 1-11). The<br />

Service did not rank the study using remaining criteria because of the study's<br />

limited ability to assess the Project’s sediment-related effects to federally listed<br />

species. Thus, this study does not meet standards for best scientific and<br />

commercial data and cannot be utilized by the Service in its evaluation of the<br />

Project affects on federally listed threatened and endangered species.”


<strong>District</strong> Response<br />

The <strong>District</strong> believes that using the MRBC results, which provide at best an<br />

approximation of the sediment supply to the rivers (USACE, July 1990), is the<br />

best scientific and commercial data available for basin-wide sediment yield,<br />

especially when trying to evaluate whether or not a system is flow or supply<br />

limited. As demonstrated in the ISR, <strong>Appendix</strong> A, Sedimentation Study Report,<br />

crude estimates of sediment supply cannot be used to address aggradation or<br />

degradation trends. However, when coupled with sediment capacity calculations,<br />

yield estimates are the most effective way of determining whether or not a system<br />

is flow or supply limited. The <strong>District</strong>’s analysis was not an attempt to evaluate a<br />

change in Project operations, but to characterize the river as being flow or supply<br />

limited. The analysis definitively determined that none of the study sites were<br />

supply limited, with all having more sediment in the system than the river can<br />

convey.<br />

8. Comments on Tern and Plover (item f)<br />

USFWS Comment 1<br />

“The Tern and Plover study received a low ranking under the Purpose criterion.<br />

None of the sediment transport and hydrologic parameters in the study would be<br />

effective in evaluating sediment-related effects of the Project to least tern and<br />

piping plover nesting with the possible exception of Annual percent diverted flow<br />

and Seasonal percent diverted flow. In other words, this study is ineffective in<br />

comparing a present condition alternative (with Project) to a without Project<br />

alternative because many of the variables applied in this study, with the exception<br />

of Annual percent diverted flow and Seasonal percent diverted flow, would not<br />

change numerically as a result of changes in Project operations. Proposed methods<br />

for Annual percent diverted flow and Seasonal percent diverted flow would be<br />

inappropriate because the longitudinal scale is inadequate to discern Project<br />

effects. Any sediment-related effects of the Project would have the greatest impact<br />

near the tailrace return and that effect would be expected to attenuate downstream<br />

at some unknown distance. The study was implemented at a spatial scale that<br />

could not discern Project effects because nests totals were aggregated at a course<br />

spatial scale (i.e., North Bend study segment and further downstream study<br />

segments). Furthermore, the study made no attempt to characterize tern and plover<br />

nesting on the <strong>Loup</strong> River or the bypassed portion of that river.<br />

“Because of the study’s limited ability to assess the Project’s sediment-related<br />

effects to federally listed species, the Service did not rank the study using<br />

remaining criteria. Thus, this study does not meet standards for best scientific and<br />

commercial data and cannot be utilized by the Service in its evaluation of the<br />

Project affects on federally listed threatened and endangered species.”


<strong>District</strong> Response<br />

The <strong>District</strong> notes that it is currently reviewing the use of additional statistical<br />

analyses as suggested by the Nebraska Game and Parks Commission and has<br />

agreed to perform a more comprehensive statistical analysis. This effort includes<br />

redesigning the analysis of Annual percent diverted flow and Seasonal percent<br />

diverted flow as independent variables and their potential effects on nest<br />

frequencies above and below the Tailrace Return. Options are being examined for<br />

using a finer longitudinal scale and aggregating nest counts with respect to other<br />

criteria rather than proximity to gaging station. Both processes require analysis of<br />

the effects of smaller aggregates on the power of statistical tests and a<br />

reassessment of the statistical procedures that may be appropriate for the<br />

reorganized data. The specific additional analyses will be included in the Updated<br />

Initial Study Report and presented at the Updated Initial Study Results Meeting in<br />

February 2011.<br />

9. Comments on Pallid Sturgeon (item g)<br />

USFWS Comment 1<br />

“The Pallid Sturgeon study received a low ranking under the Purpose criterion<br />

because the study was ineffective in evaluating sediment-related effects of the<br />

Project to species habitat use. Furthermore, referenced studies and literature serve<br />

as an indirect means of generalizing Platte River suitability to the pallid sturgeon,<br />

and none of the referenced studies were implemented at a spatial scale that could<br />

meaningfully asses Project sediment-related effects at the tailrace return. Because<br />

of the study’s limited ability to assess the Project’s sediment-related effects to<br />

federally listed species, the Service did not rank the study using remaining criteria.<br />

Study conclusions were also highly reliant on personal communications versus the<br />

available literature. Thus, this study does not meet standards for best scientific and<br />

commercial data and cannot be utilized by the Service in its evaluation of the<br />

Project affects on federally listed threatened and endangered species.”<br />

<strong>District</strong> Response<br />

The <strong>District</strong> notes that the RSP, as approved by FERC, for the Sedimentation<br />

Study indicated that “If it is determined that the Project does not affect<br />

morphology, or that the system is in dynamic equilibrium, it will be inferred that<br />

the Project does not affect pallid sturgeon habitat parameters related to sediment<br />

transport and that no further analysis is warranted.” The <strong>District</strong>’s results<br />

indicated dynamic equilibrium; thus, it was determined that the Project does not<br />

affect habitat parameters related to sediment transport. Even though the <strong>District</strong><br />

reached this conclusion in accordance with the RSP, the <strong>District</strong> also presented<br />

recent information related to pallid sturgeon use of the lower Platte River that the<br />

<strong>District</strong> believes further supports the conclusion that the Project is not adversely<br />

affecting habitat.


The <strong>District</strong> agrees that the information presented in its study is highly reliant<br />

upon personal communications versus available literature. However, according to<br />

the policy in 59 FR 34271 (July 1, 1994), USFWS is to “receive and use<br />

information from a wide variety of sources, including individuals. Submitted<br />

information may range from the informal—oral, traditional, or anecdotal—to peerreviewed<br />

scientific studies, and hence the reliability of the information can vary<br />

widely” (Buck et al., September 28, 2010). The <strong>District</strong> notes that the personal<br />

communication that was referenced in the report was from discussions with<br />

recognized experts and researchers, including USFWS staff, who are currently<br />

developing the best scientific information available. Through these personal<br />

communications, including Dr. Mark Pegg, University of Nebraska-Lincoln;<br />

Aaron DeLonay, USGS; and Tracy Hill, USFWS, Columbia, MO, an attempt was<br />

made to acquire the most recent and applicable information to this system for<br />

pallid sturgeon. Literature was reviewed for the lower Platte River and was<br />

included as reference to the study. As research continues by the three<br />

aforementioned individuals and institutions/agencies, the life history and<br />

population dynamics of the pallid sturgeon will become more understood.<br />

USFWS Comment 2<br />

“The references to Bergman et al. (2008) and USFWS (2010) which discuss the<br />

absence of documented spawning in Missouri River tributaries may be factually<br />

accurate, but those comments were made in the context of the rarity of wild adult<br />

pallid sturgeon; the likelihood of observing any spawning activity would be quite<br />

low given the species’ rarity. The absence of evidence that would document<br />

spawning in the lower Platte River is likely a consequence of the absence of any<br />

directed spawning studies in the lower Platte River. For example, the evidence of<br />

spawning was absent throughout the Recovery Priority Management Area 4<br />

(RPMA 4), until the USGS Columbia Environmental Research Center<br />

implemented spawning telemetry studies focusing only on the mainstem of the<br />

Missouri River. Prior to 2009, the absence of any long term sampling above the<br />

Elkhorn River confluence with the Platte River led to the long held conclusion that<br />

this segment of the lower Platte River was outside of the pallid sturgeon’s range.<br />

Since implementation of the 5-year Shovelnose Sturgeon Population Dynamics<br />

Study, the lower Platte River between Columbus and the Elkhorn River<br />

confluence has yielded seven documented pallid sturgeon captures (UNL 2010).”<br />

<strong>District</strong> Response<br />

The <strong>District</strong> recognizes that “the likelihood of observing any spawning activity<br />

would be quite low given the species’ rarity” and that this is “likely a consequence<br />

of the absence of any directed spawning studies in the lower Platte River.”<br />

However, in the absence of additional studies, the information presented by the<br />

<strong>District</strong> is the best scientific information available. Furthermore, there is the<br />

possibility that spawning habitat may be available, as the USGS report titled


“Ecological Requirements for Pallid Sturgeon Reproduction and Recruitment in<br />

the Lower Missouri River: Annual Report 2009” has initially identified that<br />

spawning habitat appears to be along bank revetment along the outside bends of<br />

the Missouri River in depths of approximately 3 meters (DeLonay et al., 2010).<br />

The lower Platte River has the potential for spawning activity along similar<br />

habitat.<br />

According to the latest information obtained from the University Nebraska-<br />

Lincoln’s “Interim Report: Population Characteristics of Sturgeon in the Lower<br />

Platte River, Nebraska (Year 1)” (January 2010), it is reported that a total of<br />

69 pallid sturgeon were collected, of which 9 were collected during the spring,<br />

17 during the summer, and 32 during the fall sampling seasons. This was in<br />

conjunction with the directed collection of 1,324 shovelnose sturgeon for which<br />

the project was originally designed. Prior to this study, previous studies in the<br />

Platte River documented the collection of only 15 pallid sturgeon from 2000 to<br />

2005 (Peters and Parham, 2008). With these results, it can be inferred that the<br />

habitat is not limiting as the number of collections have increased.<br />

USFWS Comment 3<br />

“The shovelnose and pallid sturgeon are morphologically similar (hence the<br />

Similarity of Appearance ruling) (75 FR 53598) and thereby, some reasonable<br />

inferences can be made about pallids due to this morphology. How one uses<br />

shovelnose sturgeon as a surrogate species for pallids is very important.<br />

Physiologically making the statement that shovelnose sturgeon are the same as<br />

pallid sturgeon is unknown and likely false given the differing population status of<br />

the two sympatric species (i.e., shovelnose recruitment is evident in RPMA 4 and<br />

is absent for pallid sturgeon) (USFWS 2007). Diet studies generally show some<br />

differences between the species, and telemetry studies in Montana by Bramblett<br />

and White (2001) have shown some differences in habitat use/preferences.”<br />

<strong>District</strong> Response<br />

In terms of using shovelnose sturgeon as a surrogate for pallid sturgeon, until<br />

further information is available, information on shovelnose sturgeon is the best<br />

scientific information available to use in identifying suitable habitat, particularly<br />

as pallid sturgeon are collected and identified within the same habitats (DeLonay<br />

et al., 2010). The <strong>District</strong> recognizes that the shovelnose sturgeon has a diet<br />

different than the pallid sturgeon and should not be used as a surrogate species<br />

based on diet (Wanner, Shuman, and Willis, March 2007) as they become<br />

piscivorous. However, with the frequency of the collection of pallid sturgeon in<br />

the lower Platte River in the University of Nebraska-Lincoln 5-year Shovelnose<br />

Sturgeon Population Dynamics Study, it is evident that there are habitats available<br />

for foraging needs. Ruelle and Keenlyne (July 1994) concluded that pallid and<br />

shovelnose sturgeon are similar in that both live for 20 years or longer and are


similar in other traits. It is recognized that shovelnose sturgeon may not meet all<br />

of the traits desired for a surrogate; however, based on current knowledge, they<br />

may be the best surrogate available because of their many similarities to the pallid<br />

sturgeon. The two species inhabit the same river basins and prefer large, freeflowing<br />

rivers over reservoirs and tend to occupy the same general spawning<br />

habitat (DeLonay et al., 2010).<br />

10. General Comments on Missing Data<br />

USFWS Comment 1<br />

“A key component of the study, the cross-section data and analyses on the <strong>Loup</strong><br />

River above the Diversion Weir, were not available. Further, the survey data and<br />

analyses for the two cross-sections on the Platte River, above and below the canal<br />

return, were not available. The data collection and analyses need to be completed<br />

to further determine the condition of this section of the Platte and <strong>Loup</strong> rivers. The<br />

data analyses need to be available to further determine conditions on the <strong>Loup</strong><br />

River prior to developing meaningful conclusions about Project sediment-related<br />

effects.”<br />

<strong>District</strong> Response<br />

The <strong>District</strong> concurs that the cross section data and associated analysis was not<br />

available. The data collection effort as outlined in the SPD letter was delayed due<br />

to high flows, as discussed in the ISR and during the September 9, 2010, Initial<br />

Study Results meeting. As previously stated, the ungaged site analyses will be<br />

completed and reported in the upcoming Updated Initial Study Report on<br />

Sedimentation as well as in the Study Reports on Hydrocycling and Flow<br />

Depletion and Flow Diversion. The <strong>District</strong> anticipates that many of USFWS’<br />

concerns regarding sedimentation will be addressed in these reports and during the<br />

upcoming Updated Initial Study Results Meeting in February 2011.<br />

11. General Comments on Project Sediment-related Effects: Tailrace to North<br />

Bend<br />

USFWS Comment 1<br />

“The Service questions the conclusion made in the Sediment study that the lower<br />

Platte River is in a state of dynamic equilibrium. For example, results from the<br />

ISR sediment transport calculations indicate that sediment load for the North Bend<br />

study segment, representing 2,890,000 tons per year, is higher than the combined<br />

sediment load of 2,007,000 tons per year from the <strong>Loup</strong> River at Columbus and<br />

central Platte River at Duncan. This difference in sediment transport indicates that<br />

there is an 883,000 ton per year sediment deficit in the North Bend study segment.<br />

This difference in sediment transport when using seasonal values (i.e., May 1<br />

through August 15) is 403,804 tons per year. Such calculations have been used<br />

elsewhere on the Platte River to determine level of sediment deficiency. For<br />

example, the Bureau of Reclamation (Murphy et al. 2004) estimated channel


erosion occurring at a rate of 400,000 tons per year at the Johnson-2 canal return<br />

in the central Platte River by applying methods similar to those above. Murphy et<br />

al. (2004) estimated the 400,000 tons per year deficit by subtracting the estimated<br />

sediment load downstream of the Johnson-2 return (i.e., Overton stream gage)<br />

from estimated sediment loads upstream of the Johnson-2 Return (i.e., Cozad<br />

stream gage). This sediment deficiency is readily apparent on this segment of the<br />

Platte River by the presence of incised and narrow channels.”<br />

<strong>District</strong> Response<br />

As stated at the ISR meeting, sediment transport capacities downstream of a<br />

confluence are not additive. The transport capacity of a river is a function of<br />

slope, width, depth, velocity, etc. At best, the capacities between the two<br />

upstream reaches would have to be weighted, but there is no literature that<br />

supports this. In addition, as stated in the ISR, the supply-versus-capacity<br />

comparison should not be used to assess whether a system is aggrading or<br />

degrading. Rather, it can be used only to qualitatively assess whether the system<br />

is flow or supply limited.<br />

USFWS Comment 2<br />

“The Platte River would compensate for this 883,000 ton per year sediment<br />

imbalance by eroding local sediment supply. The ISR, on page 47 of the<br />

Sedimentation section, references a USACE (1990) study which states that the<br />

sediment supply in the Platte River is comprised of sand and gravel deposits along<br />

banks and in the stream as sand bars. The Service (USFWS 2006) has documented<br />

that the Platte River from the <strong>Loup</strong> River confluence through the Highway 15<br />

Bridge at Schuyler has 44.3 percent of its banks stabilized by revetments and/or<br />

hardpoints. Given such a high documented level of bank stabilization, it is likely<br />

that any erosion of sediment supply would come from riverine sandbars, which<br />

provide nesting habitat for least terns and piping plovers, and current velocity<br />

refugia and foraging habitats for the pallid sturgeon. For this reason, the Service<br />

remains concerned that the <strong>District</strong>'s sediment-related effects to the Platte River<br />

may adversely affect habitats for the least tern, piping plover, and pallid sturgeon.”<br />

<strong>District</strong> Response<br />

USFWS’ comments on the 44.3 percent amount of stabilized banks from<br />

Columbus to Schuyler may be a valid point, but this is not a basis for FERC to<br />

conclude that the <strong>District</strong>’s operations need to be altered. As shown in the<br />

sedimentation study through a variety of methods, as well as citations, the river is<br />

neither aggrading nor degrading, which suggests it is in a state of dynamic<br />

equilibrium.


12. General Comments on <strong>Loup</strong> Bypass Reach<br />

USFWS Comment 1<br />

“The Service recognizes that there is much uncertainty with regards to<br />

aggradation/degradation trends and their apparent causes on the <strong>Loup</strong> River<br />

bypass segment. For example, on page 51 of the Sedimentation Study Report, the<br />

authors, when discussing dredging records at the settling basin, state: ‘An<br />

unknown physical process has to be involved during those years because the<br />

dredged amounts quickly rose and then fell over several years, reaching an<br />

apparent equilibrium' level in 1975.’ The Chen et al. (1999) study on channel<br />

gradation in Nebraska streams contains a graphic for the <strong>Loup</strong> River at Genoa<br />

which reveals that the river at this location was experiencing a slight aggradation<br />

from the mid-1940s to the early 1970s when it appeared to level off. Also, the<br />

study showed a significant aggradation downstream at Genoa during the early<br />

1970s.<br />

“Results from the ISR sediment transport calculations shed some light on the<br />

above uncertainties. The results indicate that sediment load for the Genoa study<br />

segment, representing 1,760,000 tons per year, is higher than the sediment load of<br />

1,260,000 tons per year from the <strong>Loup</strong> River at Columbus. This difference in<br />

sediment transport indicates that there is a 500,000 ton per year sediment surplus<br />

in the <strong>Loup</strong> River bypass reach. This information demonstrates that the <strong>Loup</strong><br />

River bypass below Genoa was and still may be in disequilibrium. For this reason,<br />

the Service must question the conclusion made in the Sediment study that the<br />

<strong>Loup</strong> Bypass reach is in a state of dynamic equilibrium.<br />

“Some of the uncertainties about the aggradation/degradation trend on the bypass<br />

reach may be due to the lack of available data. For example, both the sediment and<br />

flow data at Columbus were collected at Genoa, and only one year of data was<br />

used to develop a sediment discharge curve. Further, the study does reveal in<br />

Table 5-3 (page 55), that at Columbus, there is a reduction in sediment capacity at<br />

the same time the sediment yield increases; this is an indication of aggradation.”<br />

<strong>District</strong> Response<br />

The fact that the capacities are different between the <strong>Loup</strong> River at Genoa gage<br />

and <strong>Loup</strong> River at Columbus gage are not the result of the river being in<br />

disequilibrium but rather are likely due to the length of record used to develop the<br />

rating curves. As previously stated, the <strong>Loup</strong> River at Columbus gage was based<br />

on 1 year of data, while the <strong>Loup</strong> River at Genoa sediment rating curve was based<br />

on 25 years of record. Certainly, the difference between capacities of two<br />

drastically different periods of record should not be used to determine whether or<br />

not a river is in disequilibrium. In addition, based on the results outlined in the<br />

ISR, as well as the citations of others including USGS and USACE, the Platte and<br />

<strong>Loup</strong> rivers are neither aggrading or degrading.


13. General Comments on Scale of Geographic Evaluation<br />

USFWS Comment 1<br />

“Assessments contained in the Sedimentation section of the ISR for effective<br />

discharges, regime analyses, and cited references provide an indirect evaluation of<br />

a dynamic equilibrium condition, and subsequent conclusions were developed<br />

based on this coarse scale evaluation. The Sedimentation section of the ISR cited<br />

several documents that indicate a river in dynamic equilibrium including Chen et<br />

al. (1999), Elliott et al. (2009), Parham (2007), Peters and Parham (2008), USACE<br />

(1990), and USACE (2009). However, none of the above studies were developed<br />

at a spatial scale that would be able to evaluate Project sediment-related effects to<br />

habitat. The best example of the misapplication of scale is the Murphy et al.<br />

(2004) citation used to support the conclusion that the Platte River is in a greater<br />

state of dynamic equilibrium than it was in its pre-development form (Page 82 of<br />

the ISR Sedimentation Section). The Service notes that Murphy et al. (2004) also<br />

documented a localized 400,000 ton per year deficit resulting in narrow, incised<br />

channels near the source of that deficit.<br />

“The Service is aware of one study that evaluated changes in river geomorphology<br />

over time from 1938 through 2005 at a spatial scale better suited for assessing<br />

Project effects to the Platte River. Joeckel and Henebry (2008) documented a<br />

reduction in cumulative channel area on a 10-mile study stretch located<br />

downstream from the <strong>Loup</strong> River confluence (i.e., RG study stretch). Although<br />

the authors noted only a slight change in channel area for the RG study stretch<br />

since 1960, Figure 11 of the report shows a consistent decline in channel area from<br />

1960 to 2005. This slight but continuing decline in channel area indicates that the<br />

Platte River immediately downstream of the <strong>Loup</strong> River confluence is not in<br />

dynamic equilibrium, but appears to be narrowing.”<br />

<strong>District</strong> Response<br />

The <strong>District</strong> acknowledges that the Sedimentation Study Report misquoted the<br />

Bureau of Reclamation’s quote from Murphy regarding dynamic equilibrium in<br />

that Murphy’s analysis was related to the central Platte River rather than the lower<br />

Platte River.<br />

USFWS states that the reach is not in dynamic equilibrium because Figure 11 of<br />

the Joeckel report shows there is a continued slight decline in channel area.<br />

USFWS believes the study was at a spatial scale better suited for assessing Project<br />

effects to the Platte River. Upon review of Figure 11, the <strong>District</strong> interprets the<br />

figure to indicate that since approximately 1955, there has been little to no change<br />

in channel area. As shown in the pairs of cross-section measurements collected<br />

this year by the <strong>District</strong>, to be discussed in the Updated Initial Study Report,


References<br />

dramatic changes can occur over even short time spans, but this is a characteristic<br />

of a braided river and not evidence of disequilibrium.<br />

Figure 11b of the Joeckel report shows that the percent change of channel area<br />

between 1956 and 2005 is approximately 2 percent (from 80 percent to<br />

78 percent), all of which occurred between 1994 and 2006, but the same data show<br />

that there was no change in percent channel area between 1956 and 1994. A<br />

2 percent change in area would likely fall within the study degree of uncertainty,<br />

especially when remotely sensed information rather than on-site data are used to<br />

determine channel widths and areas. Vegetation and many other factors affect an<br />

investigator’s ability to scale things to this degree. Furthermore, the <strong>District</strong><br />

believes that the results presented in the Sedimentation Study Report, which<br />

showed that the reach was in dynamic equilibrium based on a reach analysis and<br />

supported by other research, was sufficient to address the equilibrium question<br />

near the Tailrace Return. Thus, the results of the Joeckel study, which USFWS<br />

believes are at a spatial scale better suited for assessing Project effects on the<br />

Platte River, in fact corroborate the <strong>District</strong>’s analysis.<br />

Buck, Eugene H., M. Lynne Corn, Pervaze A. Sheikh, Robert Meltz, and Kristina<br />

Alexander. September 28, 2010. “The Endangered Species Act (ESA) in the<br />

111 th Congress: Conflicting Values and Difficult Choices.” Congressional<br />

Research Service.<br />

Chen, Abraham H., David L. Rus, and C.P. Stanton. 1999. “Trends in Channel<br />

Gradation in Nebraska Streams, 1913-95.” USGS Water-Resources Investigations<br />

Report 99-4103. Lincoln, Nebraska.<br />

DeLonay, Aaron J, Robert B. Jacobson, Diana M. Papoulias, Mark L. Wildhaber,<br />

Kimberly A. Chojnacki, Emily K. Pherigo, Casey L. Bergthold, and Gerald E.<br />

Mestl. 2010. “Ecological Requirements for Pallid Sturgeon Reproduction and<br />

Recruitment in the Lower Missouri River: Annual Report 2009.” USGS Open-<br />

File Report 2010–1215. Available online at<br />

http://pubs.usgs.gov/of/2010/1215/pdf/of2010-1215.pdf.<br />

Joeckel, R.M., and G.M. Henebry. 2008. “Channel and Island Change in the Lower<br />

Platte River, Eastern Nebraska, USA: 1855–2005.” Geomorphology 102:407-418.<br />

Peters, Edward J., and James E. Parham. 2008. “Ecology and Management of Sturgeon<br />

in the Lower Platte River, Nebraska.” Nebraska Technical Series No. 18.<br />

Nebraska Game and Parks Commission. Lincoln, Nebraska.


Ruelle, Richard, and Kent Keenlyne. July 1994. “The Suitability of Shovelnose<br />

Sturgeon as a Pallid Sturgeon Surrogate.” Contaminant Information Bulletin. SD-<br />

ES-94-03.<br />

University Nebraska-Lincoln. January 2010. “Interim Report: Population Characteristics<br />

of Sturgeon in the Lower Platte River, Nebraska (Year 1).”<br />

USACE. July 1990. Platte River Cumulative Impacts Analysis. Report No. 5. Special<br />

Studies Unit, River & Reservoir Section, Hydrologic Engineering Branch,<br />

Engineering Division, USACE-Omaha.<br />

Wanner, Greg A., Dane A. Shuman, and David W. Willis. March 2007. “Food Habits of<br />

Juvenile Pallid Sturgeon and Adult Shovelnose Sturgeon in the Missouri River<br />

Downstream of Fort Randall Dam, South Dakota.” Journal of Freshwater<br />

Ecology 22(1): 81-92.


Attachment C<br />

November 24, 2010<br />

<strong>District</strong> response to Nebraska Game and Parks Commission (NGPC) comments on<br />

the ISR dated October 25, 2010.<br />

1. Comments on Study 1.0 – Sedimentation<br />

NGPC Comment 1 (items 1 - 12)<br />

NGPC noted several concerns regarding the statistical analyses performed for<br />

Sedimentation Study Objective 3. Additionally, NGPC noted several additional<br />

statistical analyses that could be performed to further evaluate potential<br />

relationships between interior least tern and piping plover nesting compared to<br />

sediment transport parameters.<br />

<strong>District</strong> Response<br />

The <strong>District</strong> appreciates NGPC’s suggestions regarding additional statistical<br />

analyses and is currently reviewing the use of these and other possible analyses.<br />

The <strong>District</strong> will perform more comprehensive statistical analyses to further<br />

evaluate potential relationships between interior least tern and piping plover<br />

nesting compared to sediment transport parameters. The specific additional<br />

analyses will be included in the Updated Initial Study Report and presented at the<br />

Updated Initial Study Report Meeting.<br />

NGPC Comment 2<br />

NGPC provided the following comments related to the presentation of information<br />

in the sedimentation report:<br />

• It may be helpful to clearly state that there is a high probability of a Type II<br />

error (false negative, failing to detect a relationship) because of the limitations<br />

of the data and available methods.<br />

<strong>District</strong> Response<br />

Comment noted. The <strong>District</strong> will clearly state any limitations associated with<br />

the additional statistical analyses to be included in the Updated Initial Study<br />

Report.<br />

• On page 6, the document describes the Interior Least Tern colony on the North<br />

Sand Management Area as "significant". While there is no dispute that<br />

numerous pairs nest here each year, the term significant is not appropriate in<br />

this situation. The term "significant" has a specific statistical meaning and, in a<br />

document relying heavily on statistical analyses, that should be considered.


November 24, 2010<br />

<strong>District</strong> Response<br />

The <strong>District</strong> agrees that use of the term “significant” to describe the interior<br />

least tern colony on the North Sand Management Area (North SMA) was<br />

inappropriate in this situation given the use of the term in statistical analyses<br />

within other sections of the report. A more appropriate term for the North<br />

SMA colony would have been “substantial.”<br />

• On page 6, it should be clarified that the Tern and Plover Conservation<br />

<strong>Part</strong>nership monitors nesting activity on the North Sand Management Area<br />

with funding provided by Preferred Rocks of Genoa. The NGPC Nongame<br />

Bird Program does not actively monitor or survey this site, but plays a<br />

supporting role.<br />

<strong>District</strong> Response<br />

Comment noted. Any future reference to surveys on the North Sand<br />

Management Area will more clearly indicate the agency responsible for<br />

conducting those surveys.<br />

• On pages 6-7, the legends for Figures 3-2 and 3-3 should be clarified to note<br />

that the graphic shows the number of adult birds observed during a single<br />

survey during the breeding season and does not necessarily reflect the "total<br />

number of” terns or plovers "on the Lower Platte River System, 1987-2009".<br />

<strong>District</strong> Response<br />

Comment noted. Any future use of these graphs will clarify the information<br />

presented.<br />

• On page 7, we recommend that the term "frequently" be replaced with<br />

"regularly" when describing Piping Plover nesting on the North Sand<br />

Management Area.<br />

<strong>District</strong> Response<br />

Comment noted. Any future discussion of nesting on the North Sand<br />

Management Area will note regular nesting rather than frequent.<br />

• The disclaimer that accompanied the transmittal of the NGPC Interior Least<br />

Tern and Piping Plover data is standard in the scientific and professional<br />

communities when sharing data between workgroups. It is a simple statement<br />

that the data are available for use but may be limited in scope as they were<br />

collected for other purposes. It does not imply any inherent failings in the data.<br />

Analysts should appreciate that data are collected using various techniques for<br />

a variety of reasons but that does not make the data necessarily inadequate for<br />

use in other analyses. The data were provided to LPPD in a format that would


November 24, 2010<br />

allow them the freedom to conduct summaries and analyses using traditional<br />

methods, Bayesian and model-based techniques without restriction. The<br />

dismissal of the NGPC data as evidenced on page 41 suggests that LPPD chose<br />

to disregard the request for a rigorous completion of Task 4.5.<br />

<strong>District</strong> Response<br />

The <strong>District</strong>’s intent in including the following statement in the Sedimentation<br />

Report was not to infer that the NGPC data is flawed or inaccurate.<br />

“However, the Nongame Bird Program “makes no warranty as to<br />

the fitness of these data for any purpose nor that these data are<br />

necessarily accurate and complete” (NGPC, 2009).<br />

Rather the <strong>District</strong>’s intent was to acknowledge that the NGPC data was<br />

collected for purposes other than use in the <strong>District</strong>’s study and may therefore<br />

have some limitations related to the <strong>District</strong>’s analyses.<br />

2. Comments on Study 7.0 – Fish Passage<br />

NGPC Comment 1<br />

At the ISR meeting, questions were raised regarding if the analysis would change<br />

if minimum velocities or a lower quartile velocity were used in the analysis, as<br />

fish would seek out the lowest velocities when trying to pass the diversion weir<br />

and sluice gate structure.<br />

<strong>District</strong> Response<br />

The <strong>District</strong>’s analysis of fish passage at the Diversion Weir and Sluice Gates used<br />

a 1-Dimensional (1-D) hydraulic model that assumes a constant velocity across the<br />

channel cross section. A spatially varying velocity field is beyond the capability<br />

of a 1-D model. Although the model assumes a constant velocity, in reality there<br />

are boundary layers near solid surfaces and hydraulic shadows associated with<br />

hydraulic structures, particularly at the interface of corners of the wall and floor.<br />

The velocity in these areas is moving very slowly compared to the calculated<br />

average velocity through the gate. A fish could work up near the gate, hang out in<br />

a hydraulic shadow, and then burst through following the concrete along the gate<br />

housing. This type of behavior has been documented at hydraulic structures on the<br />

Mississippi River (Melvin Price Locks and Dam, Progress Report 1999). Given<br />

these hydraulic conditions and the known species diversity upstream and<br />

downstream of the Diversion Weir, fish passage is likely occurring at the <strong>District</strong>’s<br />

headworks, particularly by larger and stronger adult fish.<br />

Additionally, there are other possible fish passage situations for which a 1-D<br />

model does not account:


November 24, 2010<br />

• Debris build-up – debris could build up near the Sluice Gates and block<br />

flow, thereby reducing velocities enough to allow fish to pass through the<br />

Sluice Gates.<br />

• Ice build-up – ice could also build up near the Sluice Gates and block flow,<br />

thereby reducing velocities enough to allow fish to pass through the Sluice<br />

Gates.


Attachment D<br />

<strong>District</strong> response to National Park Service (NPS) comments on the ISR dated<br />

October 25, 2010.<br />

1. Comments on Study 8.0 – Recreation Use<br />

NPS Comment 1<br />

NPS noted the <strong>District</strong>’s intent to utilize descriptions of user experience with<br />

recreation facilities from the survey responses to determine whether Project<br />

recreation facilities meet user needs and to what degree and noted that no<br />

additions or revisions to the ISR and <strong>Appendix</strong> F, Interim Recreation Use<br />

Telephone Survey Results.<br />

<strong>District</strong> Response<br />

The <strong>District</strong> appreciates NPS’ review of the ISR and concurrence with the use of<br />

verbal user responses in evaluating the <strong>District</strong>’s recreation facilities.<br />

NPS Comment 2<br />

NPS noted that although the Interim General Recreation Use Report cites a lack of<br />

use of <strong>District</strong> recreation facilities during the winter months, this determination<br />

should also be substantiated by completion of the remaining surveys.<br />

<strong>District</strong> Response<br />

The <strong>District</strong> agrees that the final determination regarding the extent of recreation<br />

use during the winter months will be made after all survey data has been compiled<br />

and analyzed.<br />

NPS Comment 3<br />

NPS noted support for the proposed calculation of annual usage, average weekday<br />

usage, average weekend usage, and peak weekend usage for each of the <strong>District</strong>’s<br />

recreation facilities. NPS also indicated a desire to discuss this information at the<br />

Updated Initial Study Results meeting in January 2011.<br />

<strong>District</strong> Response<br />

The <strong>District</strong> confirms that the usage calculations will be discussed at the Updated<br />

Initial Study Results meetings; however, the <strong>District</strong> notes that this meeting has<br />

been rescheduled for February 2011 to allow for completion of the remaining<br />

studies that required late season data collection efforts which were hampered by<br />

high river flows.<br />

NPS Comment 4<br />

NPS noted that the Recreation Use Study information and results will be very<br />

beneficial for development of a Recreation Management Plan.


<strong>District</strong> Response<br />

The <strong>District</strong> appreciates NPS’ review of the ISR and concurrence that the<br />

Recreation Use Study will be beneficial for development of the Recreation<br />

Management Plan. The <strong>District</strong> intends to begin development of the plan after<br />

comments have been received on study results included the Updated Initial Study<br />

Report.<br />

2. Comments on Study 10.0 – Land Use Inventory<br />

NPS Comment 1<br />

At the ISR meeting, NPS requested clarification regarding the inclusion of the<br />

<strong>Loup</strong> River Bypass reach in the Land Use Inventory. The <strong>District</strong> responded that<br />

the Land Use Inventory did not include the bypass reach because the inventory<br />

was intended for the lands within and adjacent to the Project Boundary (and the<br />

bypass reach is not included in the Project Boundary). NPS noted concurrence<br />

with the <strong>District</strong>’s approach regarding land use along the bypass reach.<br />

<strong>District</strong> Response<br />

The <strong>District</strong> appreciates NPS’ review of the ISR and concurrence.<br />

NPS Comment 2<br />

At the ISR meeting, NPS asked if an inventory of recreation facilities at each<br />

recreation site will be included in the Recreation Management Plan. The <strong>District</strong><br />

responded that specific inventories at each site would be occurring as part of the<br />

Recreation Use Study and would be included in the Recreation Management Plan.<br />

NPS noted concurrence with the <strong>District</strong>’s approach.<br />

<strong>District</strong> Response<br />

The <strong>District</strong> appreciates NPS’ review of the ISR and concurrence. Additionally,<br />

the <strong>District</strong> notes that the recreation facilities inventory will be included in the<br />

Updated ISR as well as the Recreation Management Plan.


Project: <strong>Loup</strong> River Hydroelectric Project<br />

FERC Project No. 1256<br />

Subject: Initial Study Results Meeting Summary<br />

Meeting<br />

Date:<br />

<strong>Loup</strong> <strong>Power</strong> <strong>District</strong><br />

Columbus, NE<br />

September 9, 2010, 8:30 am – 5:00 pm<br />

Notes by: <strong>Loup</strong> <strong>Power</strong> <strong>District</strong><br />

P.O. Box 988<br />

2404 15 th Street<br />

Columbus, NE 68602-0988<br />

Initial Study Results<br />

Meeting Summary<br />

Meeting Location: New World Inn, Columbus, NE<br />

NOTES revised October 26, 2010 per comments received from attendees.<br />

<strong>Loup</strong> River Public <strong>Power</strong> <strong>District</strong> (<strong>Loup</strong> <strong>Power</strong> <strong>District</strong> or the <strong>District</strong>) filed its Initial Study Report (ISR)<br />

with the Federal Energy Regulatory Commission (FERC) on August 26, 2010, as part of relicensing the <strong>Loup</strong><br />

River Hydroelectric Project (FERC Project No. 1256) and in accordance with the regulations of FERC’s<br />

Integrated Licensing Process (ILP) (18 Code of Federal Regulations [CFR] 5). Subsequently, the Initial<br />

Study Results were presented to FERC and other relicensing participants during the Initial Study Results<br />

Meeting held on September 9, 2010, at the New World Inn (265 33 rd Street) in Columbus, Nebraska. The<br />

proceedings of that meeting are presented in this Initial Study Results Meeting Summary, which follows the<br />

organization of the agenda for the meeting.<br />

The meeting agenda and handout of the slide presentation are included as Attachments A and B, respectively.<br />

Welcome and Introductions<br />

Neal Suess (<strong>Loup</strong> <strong>Power</strong> <strong>District</strong>) and Stephanie White (HDR) provided those attending the Initial Study<br />

Results Meeting with an overview of the agenda and the goals for the meeting. The meeting goals and the list<br />

of attendees are provided below.<br />

Meeting Goals<br />

The goals of the Initial Study Results Meeting were the following:<br />

• To present the results of completed studies identified in the Revised Study Plan and Study Plan<br />

Determination.<br />

• To discuss any proposals to modify the study plan (by the <strong>District</strong> or other participants) in light of<br />

study progress and data collected.<br />

Phone (866) 869-2087<br />

Fax (402) 564-0970<br />

www.loup.com<br />

Page 1 of 18


<strong>Loup</strong> River Hydroelectric Project<br />

FERC Project No. 1256<br />

Initial Study Results Meeting Summary<br />

Attendees:<br />

The following agency and <strong>District</strong> representatives attended the Initial Study Results Meeting:<br />

Name Organization Name Organization<br />

Chris Pracheil NDEQ Janet Hutzel (via phone) FERC<br />

Shuhai Zheng NDNR Nick Jayjack FERC<br />

Frank Albrecht NGPC Isis Johnson FERC<br />

Richard Holland NGPC Paul Makowski FERC<br />

Joel Jorgensen NGPC Mike Gutzmer New Century<br />

Michelle Koch NGPC<br />

Environmental LLC<br />

Jeff Schuckman NGPC Bob Clausen <strong>Loup</strong> <strong>Power</strong> <strong>District</strong><br />

Dave Tunink NGPC Jim Frear <strong>Loup</strong> <strong>Power</strong> <strong>District</strong><br />

Justin King NPPD Theresa Petr <strong>Loup</strong> <strong>Power</strong> <strong>District</strong><br />

Jim Jenniges NPPD Neal Suess <strong>Loup</strong> <strong>Power</strong> <strong>District</strong><br />

John Shadle NPPD Ron Ziola <strong>Loup</strong> <strong>Power</strong> <strong>District</strong><br />

Randy Thoreson (via phone) NPS Pat Engelbert HDR<br />

Jerry Kenny PRRIP Gary Lewis HDR<br />

Mary Bomberger-Brown TPCP Matt Pillard HDR<br />

Tom Econopouly (via phone) USFWS Lisa Richardson HDR<br />

Mike George USFWS Scott Stuewe HDR<br />

Robert Harms USFWS Wendy Thompson HDR<br />

Jeff Runge USFWS George Waldow HDR<br />

Lee Emery FERC Stephanie White HDR<br />

Integrated Licensing Process Overview<br />

Lisa Richardson (HDR) discussed the overall relicensing process for the <strong>Loup</strong> River Hydroelectric Project<br />

(Project). She also gave a brief summary of the Study Plan Determination.<br />

FERC issued its Study Plan Determination on August 26, 2009. In the Study Plan Determination, they<br />

removed three studies, the deletion of which had already been agreed to by the participating agencies:<br />

• Water Temperature in the Platte River<br />

• Fish Sampling<br />

• Creel Survey<br />

FERC approved three studies without modification:<br />

• Fish Passage<br />

• Land Use Inventory<br />

• Section 106 Compliance<br />

FERC also modified six studies based on agency comments:<br />

• Sedimentation<br />

• Hydrocycling<br />

• Water Temperature in the <strong>Loup</strong> River Bypass Reach<br />

• Flow Depletion and Flow Diversion<br />

• Recreation Use<br />

• Ice Jam Flooding on the <strong>Loup</strong> River<br />

<strong>Loup</strong> <strong>Power</strong> <strong>District</strong><br />

Columbus, NE<br />

P.O. Box 988<br />

2404 15 th Street<br />

Columbus, NE 68602-0988<br />

Phone (866) 869-2087<br />

Fax (402) 564-0970<br />

www.loup.com<br />

Page 2 of 18


<strong>Loup</strong> River Hydroelectric Project<br />

FERC Project No. 1256<br />

Initial Study Results Meeting Summary<br />

Finally, Richardson briefly discussed the next steps in the process, which include preparation of this Initial<br />

Study Results Meeting Summary and an opportunity for relicensing participants to submit comments.<br />

2010 Weather<br />

Lisa Richardson discussed the weather experienced in Nebraska during this past spring. Spring 2010 brought<br />

high winds, higher than normal precipitation, and widespread flooding throughout Nebraska. Richardson<br />

shared that the majority of Nebraska’s 93 counties, including areas within the <strong>Loup</strong> and Platte River basins,<br />

were subjected to heavy flooding, and many counties, including Nance and Platte counties, were declared<br />

disaster areas by the governor. Therefore, the weather has had ramifications on topographic and hydraulic<br />

surveys and associated studies which were discussed later.<br />

Progress Update for Ongoing Studies<br />

Members of the Project team from HDR provided progress updates for the five studies that are ongoing:<br />

• Study 2.0, Hydrocycling<br />

• Study 4.0, Water Temperature in the <strong>Loup</strong> River Bypass Reach<br />

• Study 5.0, Flow Depletion and Flow Diversion<br />

• Study 8.0, Recreation Use<br />

• Study 12.0, Ice Jam Flooding on the <strong>Loup</strong> River<br />

After each progress update was given, the other meeting attendees had an opportunity to ask questions and<br />

offer comments on the respective study.<br />

Study 2.0, Hydrocycling<br />

Progress Update:<br />

Pat Engelbert (HDR) and Matt Pillard (HDR) presented the progress update of the hydrocycling study. It was<br />

noted that cross section information was obtained in mid-April, May, and June due to high flows. End of the<br />

nesting season cross sections were collected in early September. The results of the hydrocycling study will be<br />

provided in the Updated Initial Study Report on January 6, 2011.<br />

Discussion:<br />

• Q: Lee Emery (FERC) asked how much higher than normal the flows have been this year.<br />

A: Pat Engelbert (HDR) responded that flow is normally in the hundreds of cubic feet per second<br />

(cfs) during August, and this year, flows have been in the thousands of cfs.<br />

• Q: Isis Johnson (FERC) asked where the identified time frames for nesting and departures came<br />

from.<br />

A: Matt Pillard (HDR) responded that there is not a set date when the birds arrive and when they<br />

leave, but rather it is a range of time. These time frames were developed with coordination from the<br />

Nebraska Game and Parks Commission and the Tern and Plover Conservation <strong>Part</strong>nership as well as<br />

with the body of knowledge of existing historical data.<br />

• Q: Paul Makowski (FERC) asked if the sediment transport component within HEC-RAS would be<br />

used to model sediment.<br />

A: Pat Engelbert (HDR) explained that the team would evaluate that based on available data.<br />

Engelbert indicated that they would evaluate the effects of project operations using the sediment<br />

<strong>Loup</strong> <strong>Power</strong> <strong>District</strong><br />

Columbus, NE<br />

P.O. Box 988<br />

2404 15 th Street<br />

Columbus, NE 68602-0988<br />

Phone (866) 869-2087<br />

Fax (402) 564-0970<br />

www.loup.com<br />

Page 3 of 18


<strong>Loup</strong> River Hydroelectric Project<br />

FERC Project No. 1256<br />

Initial Study Results Meeting Summary<br />

<strong>Loup</strong> <strong>Power</strong> <strong>District</strong><br />

Columbus, NE<br />

transport calculations that were performed for the sedimentation study and evaluating the “run-ofriver”<br />

alternative. It would be very difficult to calibrate a sediment transport model with the limited<br />

amount of sediment data available.<br />

CLARIFICATION: Mr. Engelbert’s statement at the ISR meeting that “Initially we will set up the<br />

model and make some runs to provide us an idea of how things have changed.” was meant to indicate<br />

that the HEC-RAS models would be developed and executed and the hydraulics between the two<br />

cross sections would be compared. However, per FERC’s request, the <strong>District</strong> will also use the<br />

sediment transport module within HEC-RAS.<br />

Study 4.0, Water Temperature in the <strong>Loup</strong> River Bypass Reach<br />

Progress Update:<br />

Lisa Richardson (HDR) presented the progress update of the study of water temperature in the <strong>Loup</strong> River<br />

bypass reach. It was noted that this study has missing data due to high flow and washout of a gage. It was<br />

determined at the RSP meetings that the critical time for data collection is in Late July/ Early August;<br />

however, due to higher than normal flows, data collection occurred August 13-23. The results of the study of<br />

water temperature in the <strong>Loup</strong> River bypass reach will be provided in the Updated Initial Study Report on<br />

January 6, 2011.<br />

Discussion:<br />

• Q: David Tunink (NGPC) asked how, with the higher than normal flows this year, analysis for low<br />

flows would be handled.<br />

A: Lisa Richardson (HDR) explained that even with no low flows, water temperature standards have<br />

been exceeded.<br />

• Q: Chris Pracheil (NDEQ) asked if historic data includes bypass temperature data.<br />

A: Richardson noted that there is no historic temperature data in the bypass reach. The only historic<br />

temperature data near the Project has been collected from one gage on the Platte River near<br />

Louisville.<br />

• Q: Jeff Runge (USFWS) asked if the Columbus gage is located where it was gaged in the 1970s and<br />

1980s.<br />

A: Richardson noted that the Columbus gage is in the same location on the U.S. Highway 81 bridge.<br />

Study 5.0, Flow Depletion and Flow Diversion<br />

Progress Update:<br />

Pat Engelbert (HDR) and Matt Pillard (HDR) presented the progress update of the flow depletion and flow<br />

diversion study. It was noted that cross section information was obtained for the ungaged sites in mid-April,<br />

May, and June due to high flows. Low flow cross sections were collected in early September. The results of<br />

the flow depletion and flow diversion study will be provided in the Updated Initial Study Report on January<br />

6, 2011.<br />

Discussion:<br />

• Q: Mike George (USFWS) asked what characteristics are being referred to when we say <strong>Loup</strong> River<br />

characteristics both above and below the diversion.<br />

A: Pillard (HDR) noted that the data collection methodology was discussed with the Nebraska Game<br />

and Parks Commission and the U.S. Fish and Wildlife Service. The characteristics that would be<br />

P.O. Box 988<br />

2404 15 th Street<br />

Columbus, NE 68602-0988<br />

Phone (866) 869-2087<br />

Fax (402) 564-0970<br />

www.loup.com<br />

Page 4 of 18


<strong>Loup</strong> River Hydroelectric Project<br />

FERC Project No. 1256<br />

Initial Study Results Meeting Summary<br />

<strong>Loup</strong> <strong>Power</strong> <strong>District</strong><br />

Columbus, NE<br />

observed include the width of sandbars, whether sandbars are isolated or point bars, whether they are<br />

vegetated or unvegetated, and whether the banks were vegetated or unvegetated.<br />

Study 8.0, Recreation Use<br />

Progress Update:<br />

Lisa Richardson (HDR) presented the progress update of the recreation use study. It was noted that a study<br />

plan for Recreation Use of the <strong>Loup</strong> River Bypass Reach was developed in coordination with the National<br />

Park Service, the Nebraska Game and Parks Commission, and FERC. The results of the recreation use study<br />

will be provided in the Updated Initial Study Report on January 6, 2011.<br />

Discussion:<br />

• Q: Randy Thoreson (NPS) asked why the study area for the recreation survey of the <strong>Loup</strong> River<br />

bypass reach presented in the slide show at the Initial Study Results Meeting (slide 37) appears to be<br />

different than the study area discussed in the Initial Study Report (pages 8-1 and 8-2). Thoreson<br />

pointed out that the slide show indicates that the <strong>Loup</strong> River bypass reach survey includes 2 public<br />

parks, 4 wildlife management areas, and 3 public road bridges but that the Initial Study Report lists<br />

only the <strong>Loup</strong> Lands Wildlife Management Area (WMA).<br />

A: Lisa Richardson (HDR) explained that the entire bypass reach is being studied, and the locations<br />

listed on the slide indicate where the public can access the <strong>Loup</strong> River bypass reach. For the purpose<br />

of the study, we are not collecting recreation data at the non-<strong>District</strong>-owned public parks, but instead,<br />

we are using those parks as locations where we can access and observe the river.<br />

• Q: Thoreson asked if FERC is going to determine whether the recreation surveys should be extended<br />

into the winter and if he would have an opportunity to comment on that before a decision is made.<br />

A: Janet Hutzel (FERC) noted that a decision would be made based on the results of the telephone<br />

surveys and that FERC would accept agency comments prior to making that decision.<br />

• Q: Thoreson asked why creel surveys were not conducted in the <strong>Loup</strong> River bypass reach.<br />

A: Richardson explained that FERC’s Study Plan Determination specifically required only recreation<br />

surveys on the bypass reach. Although the survey proctors are noting whether people are fishing in<br />

the <strong>Loup</strong> River bypass reach, the actual Nebraska Game and Parks Commission creel survey is not<br />

being conducted. The purpose of the creel survey on the canal is to help the <strong>District</strong> manage those<br />

fisheries, and this is not a purpose for the <strong>District</strong> beyond the Project Boundary.<br />

Study 12.0, Ice Jam Flooding on the <strong>Loup</strong> River<br />

Progress Update:<br />

George Waldow (HDR) presented the progress update of the study of ice jam flooding on the <strong>Loup</strong> River. It<br />

was noted that the <strong>District</strong> contracted the U.S. Army Corps of Engineers (USACE) Omaha <strong>District</strong> to conduct<br />

this study. The results of the study of ice jam flooding on the <strong>Loup</strong> River will be provided in the Updated<br />

Initial Study Report on January 6, 2011.<br />

Discussion:<br />

• Q: Lee Emery (FERC) asked if ice jams typically happen at the Highway 39 bridge.<br />

A: George Waldow (HDR) noted that there is a long history of ice jams near Genoa, but they are not<br />

necessarily at the bridge. Waldow also noted that the <strong>District</strong> has compiled historical information<br />

about pre-Project flood and ice jam conditions. The history of ice jams before and after the Project<br />

was constructed are being evaluated. Neal Suess (<strong>Loup</strong> <strong>Power</strong> <strong>District</strong>) added that this study was<br />

requested because of a 1993 USACE report on Columbus flooding and ice jams.<br />

P.O. Box 988<br />

2404 15 th Street<br />

Columbus, NE 68602-0988<br />

Phone (866) 869-2087<br />

Fax (402) 564-0970<br />

www.loup.com<br />

Page 5 of 18


<strong>Loup</strong> River Hydroelectric Project<br />

FERC Project No. 1256<br />

Initial Study Results Meeting Summary<br />

Presentation of Study Results<br />

Members of the Project team from HDR provided results for the studies that have been completed:<br />

• Study 7.0, Fish Passage<br />

• Study 8.0, Recreation Use (Telephone Survey)<br />

• Study 10.0, Land Use Inventory<br />

• Study 11.0, Section 106 Compliance<br />

• PCB Fish Tissue Sampling<br />

• Study 1.0, Sedimentation<br />

After the results of each study were given, the other meeting attendees had an opportunity to ask questions<br />

and offer comments on the respective studies.<br />

Study 7: Fish Passage<br />

Study Results:<br />

Scott Stuewe (HDR) presented the study results of the fish passage study. The key points were as follows:<br />

• The Diversion Weir is submerged less than 1 percent of the spawning season and is generally a<br />

barrier to fish passage due to high flow velocities.<br />

• The Sluice Gate Structure does not provide a fish pathway due to limited operation and high flowthrough<br />

velocities.<br />

• An alternative fish pathway around the Diversion Weir on the right bank of the <strong>Loup</strong> River exists (on<br />

average) less than 1 day out of every spawning season.<br />

Discussion:<br />

• Q: Lee Emery (FERC) asked if the right bank alternative is the right bank looking downstream on the<br />

other end of the weir.<br />

A: Scott Stuewe (HDR) indicated that the right bank is looking downstream.<br />

• Q: Richard Holland (NGPC) noted that most of the analysis dealt with average velocities and asked<br />

how those average velocities were calculated.<br />

A: Stuewe explained that for the sluice gates, different openings using different flows were averaged.<br />

For the Diversion Weir, velocity could be calculated only when the water was going over the weir,<br />

which was so infrequent that the average was very small.<br />

• Q: Holland asked how the analysis would change if minimum velocities or a lower quartile velocity<br />

were used because fish would not gravitate toward average or higher velocities trying to pass a<br />

structure but would look for minimum velocity areas.<br />

A: There was group discussion on this topic and it was noted that fish do seek out the lowest<br />

velocities and will take advantage of those opportunities. It was agreed that the use of average<br />

velocities underestimates the amount of fish passage that takes place.<br />

<strong>Loup</strong> <strong>Power</strong> <strong>District</strong><br />

Columbus, NE<br />

P.O. Box 988<br />

2404 15 th Street<br />

Columbus, NE 68602-0988<br />

Phone (866) 869-2087<br />

Fax (402) 564-0970<br />

www.loup.com<br />

Page 6 of 18


<strong>Loup</strong> River Hydroelectric Project<br />

FERC Project No. 1256<br />

Initial Study Results Meeting Summary<br />

Study 8.0, Recreation Use (Telephone Survey)<br />

Study Results:<br />

Lisa Richardson (HDR) presented the study results of the telephone survey portion of the recreation use<br />

study. The key points were as follows:<br />

• A 12-minute telephone survey of 400 residents in Nance and Platte counties was conducted by The<br />

MSR Group between May 26 and June 9, 2010.<br />

• The telephone survey indicates an overall awareness among respondents that the <strong>District</strong> provides<br />

recreational opportunities. Specifically, less than 1 percent of all respondents were NOT aware of<br />

any <strong>District</strong> recreation facilities. Awareness of specific <strong>District</strong> recreation facilities varied among<br />

respondents.<br />

• There is a significant lack of use of the <strong>District</strong>’s recreation sites during the winter months. Of the<br />

respondents who mentioned that they are aware of the following recreation sites, the percentage of<br />

respondents stating that no one from their household visited the specified recreation site between<br />

November 1, 2009, and February 28, 2010, varied from 88 percent to 97.6 per cent. To put this into<br />

context, an average of greater than 50 percent of the respondents who are aware of the <strong>District</strong>’s<br />

recreation areas indicate that they visited the areas during July.<br />

• Among the recreation facilities inquired upon, trails were the highest rated facility, with almost 7 out<br />

of 10 respondents rating them as “Excellent” or “Above Average.”<br />

• The telephone survey also asked respondents to rate the importance of the recreational opportunities<br />

provided by the <strong>District</strong>. The results were as follows:<br />

– Respondents who are Aware of <strong>District</strong> Facilities<br />

Most Important – relaxing/hanging out and trails<br />

Least Important – jet skiing and water skiing<br />

– Respondents who are Not Aware of <strong>District</strong> Facilities<br />

Most Important – children’s playground and relaxing/hanging out<br />

Least Important – jet skiing and motorized boating<br />

Discussion:<br />

• Randy Thoreson (NPS) wanted to acknowledge that the information collected will be used for the<br />

recreation management plan, and that it provides good information for that plan. Lisa Richardson<br />

(HDR) confirmed this.<br />

• Q: Janet Hutzel (FERC) asked if the distribution of ages was representative of the county’s<br />

demographics.<br />

A: Neal Suess (<strong>Loup</strong> <strong>Power</strong> <strong>District</strong>) said they were a pretty typical representation because the<br />

younger generation tends to move away. Suess noted that Nance County’s average age is probably a<br />

bit older and Platte County’s average age is a bit younger because of Columbus.<br />

• Q: Hutzel asked if cross-country skiing took place on the trails during winter.<br />

A: Lisa Richardson (HDR) noted that the trails are not groomed for cross-county skiing but are used<br />

for running and walking. Suess added that the trails could be used for cross-country skiing if people<br />

wanted, but affirmed that the trails are not groomed for it. Ron Ziola (<strong>Loup</strong> <strong>Power</strong> <strong>District</strong>) noted<br />

that winter weather in the area and the very flat terrain are not conducive to skiing.<br />

• Q: Lee Emery (FERC) asked where the swimming areas are.<br />

A: Richardson noted that the survey did not ask about specific swimming areas. There are<br />

swimming facilities in multiple places, including the Headworks and Lake North, but not at Lake<br />

Babcock.<br />

• Q: Emery asked if recreation activities such as trapping, ice fishing, and hunting occur at the Project.<br />

A: Suess stated that ice fishing can be done at Lake North and that some people do trapping and<br />

hunting in the wooded areas.<br />

<strong>Loup</strong> <strong>Power</strong> <strong>District</strong><br />

Columbus, NE<br />

P.O. Box 988<br />

2404 15 th Street<br />

Columbus, NE 68602-0988<br />

Phone (866) 869-2087<br />

Fax (402) 564-0970<br />

www.loup.com<br />

Page 7 of 18


<strong>Loup</strong> River Hydroelectric Project<br />

FERC Project No. 1256<br />

Initial Study Results Meeting Summary<br />

• Q: Emery asked about the scale of that activity.<br />

A: Ziola noted that it would be small as the lakes reside within a Wildlife Management Area<br />

(WMA), where hunting is prohibited. Ziola also noted that state hunting laws do not allow hunting in<br />

or near Columbus and Genoa. There would be only about 50 miles of the canal where hunting would<br />

be allowed (approximately 25 miles of canal, with both banks usable for hunting), but the canal rightof-way<br />

is small and typically bounded by private property.<br />

• Q: David Tunink (NGPC) asked if the telephone numbers used for survey participants were all<br />

landline phones. Tunink noted that younger people often have cell phone rather than landline phones,<br />

and this may be why there was not much participation from the younger generation.<br />

A: Richardson stated that the telephone numbers were likely landline phones, but that would have to<br />

be confirmed.<br />

• Q: Michelle Koch (NGPC) asked if any consideration was given to a bilingual survey and whether<br />

the non-English speaking population was accurately represented in the surveys.<br />

A: Richardson stated that a bilingual survey was not conducted as there is a limited Spanish speaking<br />

population in the Project area.<br />

• Q: Emery noted that most of the anglers that he saw when he visited the Project the day before were<br />

Hispanic. Emery asked if any of the survey proctors speak Spanish and could ask the survey<br />

questions in Spanish.<br />

A: Richardson stated that the survey proctors did not perform the survey in Spanish.<br />

• Q: Koch expressed concern that Hispanic people were not accurately represented in the survey.<br />

A: Suess explained that some of the survey proctors can speak Spanish, and Ziola noted that often<br />

one member in the group of Hispanic people can speak English and serve as an interpreter. Ziola also<br />

noted that all survey proctors wear lined yellow reflective vests and white ball caps so that the public<br />

knows they are not state officials and look more approachable and friendly. Ziola stated that they are<br />

getting Hispanic in-person interviews and that Hispanics are being represented.<br />

• Mike Gutzmer, primary survey proctor for the in-person surveys, noted that he was often able to get<br />

surveys from the Hispanic population through a younger member of the family who was able to<br />

interpret or through survey proctors who were able to speak a little bit of Spanish.<br />

• Richardson noted that demographic data is being collected, so when the data is analyzed, we will be<br />

able to determine what percentage of the survey respondents were Hispanic.<br />

• Q: Mary Bomberger-Brown (TPCP) thought that the responses to the telephone survey seemed<br />

female biased and asked if there were any patterns in responses based on gender. Are females more<br />

likely to use the facilities in some ways and males in other ways.<br />

A: Richardson stated that the data exists and that more analysis will be done when the recreation<br />

management plan is developed.<br />

<strong>Loup</strong> <strong>Power</strong> <strong>District</strong><br />

Columbus, NE<br />

P.O. Box 988<br />

2404 15 th Street<br />

Columbus, NE 68602-0988<br />

Phone (866) 869-2087<br />

Fax (402) 564-0970<br />

www.loup.com<br />

Page 8 of 18


<strong>Loup</strong> River Hydroelectric Project<br />

FERC Project No. 1256<br />

Initial Study Results Meeting Summary<br />

Study 10.0, Land Use Inventory<br />

Study Results:<br />

Lisa Richardson (HDR) presented the study results of the land use inventory study. The key points were as<br />

follows:<br />

• Field-verified land use maps were developed and show land uses both inside and within 500 feet<br />

outside of the Project Boundary. Public access locations were identified and included in the maps as<br />

well.<br />

• Potential land use conflicts were identified, and it was determined that all of the adjacent land uses<br />

are compatible with the Project.<br />

• Future land use plans for Nance County and the City of Columbus do not indicate future land use<br />

changes that would be incompatible with the Project.<br />

• Restricted Operations Areas are safely separated from publicly accessible areas and do not conflict<br />

with recreation opportunities<br />

• Approximately 90 percent of the Project lands are accessible to the public from numerous locations.<br />

Discussion:<br />

• Q: Lee Emery (FERC) noted that there are 5,000 acres of Project lands and asked about the<br />

distribution of this land.<br />

A: Lisa Richardson (HDR) stated that of the over 5,000 acres of Project lands, most is along the<br />

canal, but there is a larger area at the Headworks and the two regulating reservoirs.<br />

• Q: Randy Thoreson (NPS) asked if the <strong>Loup</strong> River bypass reach was included in the land use<br />

inventory.<br />

A: Richardson noted that it was not included because the land use inventory took place within and<br />

adjacent to the Project Boundary. Neal Suess (<strong>Loup</strong> <strong>Power</strong> <strong>District</strong>) added that the <strong>District</strong> does not<br />

own the bypass reach or any land along it. The <strong>District</strong> owns only the canal and 50 to 100 feet along<br />

the canal. The land use inventory included the <strong>Loup</strong> Lands WMA because the <strong>District</strong> owns this<br />

land.<br />

• Q: Isis Johnson (FERC) asked if the Project Boundary includes the <strong>Loup</strong> River bypass reach or if the<br />

<strong>District</strong> has any other easements or rights around the bypass reach.<br />

A: Neal Suess (<strong>Loup</strong> <strong>Power</strong> <strong>District</strong>) stated that the bypass reach is the normal riverbed with private<br />

ownership on both sides of that. The <strong>District</strong> does not have any other easements or rights around the<br />

bypass reach.<br />

• Q: Mike George (USFWS) asked if there are irrigation intakes in the <strong>Loup</strong> River bypass reach.<br />

George noted that it might be useful information for the land use inventory because of the nature of<br />

the water demand.<br />

There was group discussion of irrigation use along the bypass and the canal. In the end Nick Jayjack<br />

(FERC) noted that the issue of irrigation and how it would be addressed was discussed during scoping<br />

and can be found in the meeting transcripts on FERC’s website. Richardson noted that the documents<br />

are on <strong>Loup</strong> <strong>Power</strong> <strong>District</strong>’s relicensing website as well.<br />

• Q: Jeff Runge (USFWS) asked if FERC has a regulatory role in the access authorizations, or<br />

agreements.<br />

A: Jayjack explained that if they are not part of the license, then they are not under FERC’s<br />

jurisdiction. These issues, particularly water rights, are a state issue and FERC does not get involved<br />

with those.<br />

• Q: Thoreson asked if an actual inventory and analysis of what is available at each recreation site will<br />

be included in the recreation management plan.<br />

A: Richardson explained that that is occurring as part of the recreation use study and would also be<br />

included in the recreation management plan.<br />

<strong>Loup</strong> <strong>Power</strong> <strong>District</strong><br />

Columbus, NE<br />

P.O. Box 988<br />

2404 15 th Street<br />

Columbus, NE 68602-0988<br />

Phone (866) 869-2087<br />

Fax (402) 564-0970<br />

www.loup.com<br />

Page 9 of 18


<strong>Loup</strong> River Hydroelectric Project<br />

FERC Project No. 1256<br />

Initial Study Results Meeting Summary<br />

Study 11.0, Section 106 Compliance<br />

Study Results:<br />

Lisa Richardson (HDR) presented the study results of the Section 106 compliance study, which included four<br />

components. The key points and discussion for each component were as follows:<br />

Phase IA Archaeological Overview:<br />

• The Phase IA Archaeological Overview was completed in late summer/early fall of 2009.<br />

• The study determined that field exams were necessary for eight areas within the Project Boundary<br />

that appear to be undisturbed since the 1930s, or that are within or near documented archaeological<br />

sites.<br />

• Nebraska SHPO concurred with recommendations in Phase IA Archaeological Overview on<br />

November 11, 2009<br />

• The Phase IA Archaeological Overview was filed with FERC as privileged information on<br />

December 4, 2009.<br />

Phase I/II Archaeological Inventory and Evaluation:<br />

• The Phase I/II Archaeological Inventory and Evaluation was completed in summer 2010.<br />

• Eighty-three shovel tests were completed:<br />

– Prehistoric archaeological material was found in three tests.<br />

– Historic artifacts were recovered from four tests.<br />

• One site is recommended eligible for listing on the National Register of Historic Places (NRHP).<br />

• Other sensitive areas of the canal corridor were identified for management through consultation with<br />

Nebraska SHPO.<br />

• The Phase I/II Archaeological Inventory and Evaluation report includes recommendations that<br />

coordination with Nebraska SHPO be required prior to earth-moving or earth-disturbing activities in<br />

the aforementioned areas.<br />

• The Phase I/II Archaeological Inventory and Evaluation report was submitted to Nebraska SHPO for<br />

concurrence on August 27, 2010.<br />

Discussion:<br />

• Q: Janet Hutzel (FERC) asked what was meant by “other sensitive areas” She also if any mitigation<br />

is being proposed.<br />

A: Lisa Richardson (HDR) stated that these areas could potentially contain additional artifacts, but at<br />

this time, they are not determined to be eligible for listing on the NRHP. These results are included in<br />

the Phase I/II Archaeological Inventory and Evaluation report but have not been discussed with<br />

Nebraska SHPO yet. Mitigation has not been considered at this point. The first steps are to confer<br />

with Nebraska SHPO about the findings of the report and to get concurrence from Nebraska SHPO on<br />

what areas need to be monitored as part of that agreement.<br />

Ethnographic Documentation:<br />

• Initial coordination with tribes has occurred through both FERC and the <strong>District</strong>.<br />

– Six tribes with historical presence in the area include the Ponca Tribe of Oklahoma, Ponca Tribe<br />

of Nebraska, Omaha Tribe, Pawnee Tribe, Winnebago Tribe, Santee Sioux Nation.<br />

– No tribes responded with information related to places that are of traditional religious and cultural<br />

importance.<br />

– The Winnebago Tribe will not be participating in relicensing as it does not have any land in either<br />

Nance or Platte County.<br />

• The tribes were provided an opportunity to review the Phase IA Archaeological Overview, but none<br />

responded<br />

<strong>Loup</strong> <strong>Power</strong> <strong>District</strong><br />

Columbus, NE<br />

P.O. Box 988<br />

2404 15 th Street<br />

Columbus, NE 68602-0988<br />

Phone (866) 869-2087<br />

Fax (402) 564-0970<br />

www.loup.com<br />

Page 10 of 18


<strong>Loup</strong> River Hydroelectric Project<br />

FERC Project No. 1256<br />

Initial Study Results Meeting Summary<br />

• The Phase I/II Archaeological Inventory and Evaluation was provided to the tribes for comment. The<br />

<strong>District</strong> will follow up with the tribes in the next few weeks to ensure that they received the report and<br />

if they have any comments or wish to consult on it.<br />

Discussion:<br />

• Q: Janet Hutzel (FERC) asked whether copies had been sent to the tribes, noting that she hadn’t<br />

heard the last statement clearly.<br />

A: Lisa Richardson (HDR) explained that copies of the Phase I/II Archaeological Inventory and<br />

Evaluation had been sent to the chairman of each tribe and that a copy of the letter was sent to each<br />

tribal historic preservation officer.<br />

• Q: Hutzel asked if the documentation from the Winnebago Tribe noting that the tribe does not wish<br />

to participate in relicensing had been filed with FERC.<br />

A: Lisa Richardson (HDR) noted that the Winnebago Tribe responded directly to FERC’s letter via<br />

e-mail, so that document should be filed with FERC, but she will check to ensure that it is.<br />

Historic Building Inventory and Evaluation:<br />

• The Project is a historic district eligible for listing on the NRHP.<br />

• Eligible elements include 16 properties that exhibit individual eligibility and 21 properties that lack<br />

individual eligibility but contribute to the historic district.<br />

• The historic district also includes numerous non-contributing properties that are not eligible for listing<br />

on the NRHP.<br />

• The Historic Building Inventory and Evaluation report was submitted to Nebraska SHPO on<br />

August 27, 2010, for concurrence.<br />

Historic Properties Management Plan and Executed Programmatic Agreement:<br />

• The Historic Properties Management Plan will be developed following review and approval of the<br />

field studies for archaeology, ethnography, and the historic district.<br />

• The Programmatic Agreement will be developed and executed following review and approval of the<br />

field studies for archaeology, ethnography, and the historic district as well as approval of the Historic<br />

Properties Management Plan.<br />

Discussion:<br />

• Q: Janet Hutzel (FERC) asked if the Historic Properties Management Plan would be developed in<br />

consultation with tribes as well as with Nebraska SHPO.<br />

A: Lisa Richardson (HDR) explained that the intent is to consult with the tribes though there really<br />

has been no tribal participation to date. The <strong>District</strong> will send them copies and allow them to<br />

comment.<br />

• Q: Hutzel asked if there will be follow-up on the Section 106 Compliance study in the January<br />

meeting when updated initial study results are discussed.<br />

A: Richardson explained that concurrence with Nebraska SHPO, consultation with the tribes, and a<br />

status update for the Historic Properties Management Plan will be part of the January meeting.<br />

<strong>Loup</strong> <strong>Power</strong> <strong>District</strong><br />

Columbus, NE<br />

P.O. Box 988<br />

2404 15 th Street<br />

Columbus, NE 68602-0988<br />

Phone (866) 869-2087<br />

Fax (402) 564-0970<br />

www.loup.com<br />

Page 11 of 18


<strong>Loup</strong> River Hydroelectric Project<br />

FERC Project No. 1256<br />

Initial Study Results Meeting Summary<br />

PCB Fish Tissue Sampling<br />

Study Results:<br />

Lisa Richardson (HDR) presented the study results of the PCB fish tissue sampling. The key points were as<br />

follows:<br />

• This was not an official relicensing study, but a question had been raised by agencies during scoping<br />

about contamination and NDEQ agreed to conduct additional fish tissue sampling in 2009 in the<br />

Project area.<br />

• NDEQ conducted sampling at two locations along the Project:<br />

– Lake Babcock was sampled on August 11, 2009.<br />

– Tailrace Canal (U.S. Highway 30 bridge) was sampled on August 12, 2009.<br />

• Fillets were provided to the EPA Region VII laboratory in Kansas City, Kansas, for PCB analysis.<br />

• PCB (Aroclor 1248, 1254, and 1260) concentrations at each site were below the applicable reporting<br />

limits.<br />

• Results have not been officially reported by NDEQ, but data will be included in NDEQ's 2009 Fish<br />

Tissue Report once all statewide data have been assessed.<br />

• NDEQ stated that “the current fish consumption advisory for the <strong>Loup</strong> <strong>Power</strong> Canal will likely be<br />

removed following completion of the 2009 Fish Tissue Report in late 2010 or early 2011.”<br />

Discussion:<br />

• Q: Frank Albrecht (NGPC) asked if there is a standard size or age of the fish tested for PCBs.<br />

A: Chris Pracheil (NDEQ) explained that carp are in the 21-inch range, likely 18 to 24 inches. The<br />

EPA-approved methods for fish tissue sampling take into consideration bioaccumulation and<br />

biomagnifications. They target fish that they assume would accumulate the material and the size that<br />

would have time to biomagnify.<br />

• C: Jeff Runge (USFWS) noted that USFWS had recommended a measurement of sediment samples.<br />

However, FERC’s Study Plan Determination included an indirect measure of PCBs in sediment<br />

through fish tissue sampling. Runge noted that PCB-contaminated fish in the middle section<br />

(between the Monroe and Columbus powerhouses) would cause concern that maybe there is a<br />

potential for PCB-latent sediment. Two aspects of concern are PCBs within the fish tissue and any<br />

discharges that would be released into the canal system and would eventually make their way into the<br />

lower Platte River, which is currently an impaired waterbody. The idea behind the fish tissue<br />

sampling was to help answer those questions.<br />

• Q: Runge also asked what the difference is between reporting limits identified in the report and<br />

actual water quality limits.<br />

A: Pracheil explained that fish tissue limits are not the same as water quality standard parameters.<br />

NDEQ has tested for PCBs in the water column at numerous sites throughout the state but has not<br />

found PCBs in the water column. Sampling was conducted in Lake Babcock to determine if there<br />

was contamination above the Tailrace because there is potential for fish from the lower Platte River to<br />

enter the Tailrace during a high flow event. It is difficult to determine whether contaminated fish are<br />

in the Tailrace because of the <strong>Loup</strong> <strong>Power</strong> Canal or if they are coming from a contaminated section of<br />

the lower Platte River into the Tailrace. Although this can’t be answered, the Lake Babcock sample<br />

helps point to the direction that the <strong>Loup</strong> <strong>Power</strong> Canal above the Tailrace does not have PCB<br />

contamination.<br />

• Q: Runge asked if “at or below the reporting limits” means that there is no contamination present.<br />

A: Pracheil explained that NDEQ’s assessment method is to take the reporting limit and divide by<br />

two, and that is the number applied to all of NDEQ’s assessment criteria. This is more conservative<br />

so there is less risk to the consumer.<br />

• Q: Runge asked why the carp species was used rather than another common species like catfish and<br />

whether there would be the same levels of contamination for both species.<br />

<strong>Loup</strong> <strong>Power</strong> <strong>District</strong><br />

Columbus, NE<br />

P.O. Box 988<br />

2404 15 th Street<br />

Columbus, NE 68602-0988<br />

Phone (866) 869-2087<br />

Fax (402) 564-0970<br />

www.loup.com<br />

Page 12 of 18


<strong>Loup</strong> River Hydroelectric Project<br />

FERC Project No. 1256<br />

Initial Study Results Meeting Summary<br />

A: Pracheil stated that the collection technique somewhat limits the success for some species. NDEQ<br />

tries to get both a predator and a bottom-feeder species from every sample site, but the fish have to<br />

meet the requirements for size considerations. Bass are considered a predator species, and both carp<br />

and catfish are bottom-feeder species. NDEQ’s methodology for testing is available on its website.<br />

Carp are easier to catch, so that species often fills the role of bottom-feeder in NDEQ’s methodology.<br />

In Lake Babcock, Pracheil was unsure if they attempted to get another species; the methodology<br />

specifies carp as that is what was on the impaired waterbodies list.<br />

• Jeff Schuckman (NGPC) noted that if fish tissue samples are needed from other species, NDEQ could<br />

contact NGPC because they routinely conduct fish sampling and would be willing to help out.<br />

Study 1.0, Sedimentation<br />

Study Results:<br />

Pat Engelbert (HDR), Matt Pillard (HDR), and Scott Stuewe (HDR) presented the study results of the<br />

sedimentation study, which included four objectives. The key points and discussion for each objective were<br />

as follows:<br />

Objective 1:<br />

• Both rivers at all locations studied are clearly not supply limited.<br />

• Spatial analysis of effective and dominant discharge reveals that they increase in a downstream<br />

direction in a manner consistent with natural river processes.<br />

• The effective discharge, and associated river morphology, has not changed since 1928.<br />

• Sediment transport calculations show that the channel geometries are in “regime.” Nothing appears<br />

to be constraining either the <strong>Loup</strong> or Platte River from maintaining the hydraulic geometry associated<br />

with the effective discharges.<br />

• The combinations of slopes, sediment sizes, and effective discharges result in all locations being well<br />

within the braided river morphologies, with none being near any thresholds of transitioning to another<br />

morphology.<br />

Discussion:<br />

• Q: Chris Pracheil (NDEQ) asked if the suspended sediment load in the Platte and <strong>Loup</strong> rivers is a<br />

composite suspended sampling from USGS and if bed load is incorporated into any of these<br />

calculations as well.<br />

A: Pat Engelbert (HDR) explained that for bed load in the Platte and <strong>Loup</strong> rivers, a composite of the<br />

bed material samples and suspended samples was used to calculate the d50 used in Yang’s equation<br />

to create the sediment discharge rating curves. The d50 of the suspended is a smaller material, and<br />

the d50 of the bed material is a coarser material. Therefore, we felt that this composite better<br />

represented the total bed material load.<br />

• Q: Mary Bomberger-Brown (TPCP) asked why the amount of dredged material since 1975 was<br />

nearly half the amount dredged prior to 1975.<br />

A: Engelbert explained that there are probably several reasons, including a change in farming<br />

practices (terracing and land leveling) and the construction of upstream structures (Calamus Reservoir<br />

and Sherman Reservoir). Neal Suess (<strong>Loup</strong> <strong>Power</strong> <strong>District</strong>) added that the <strong>District</strong> did not change its<br />

operating practices at all during that time.<br />

• Q: Isis Johnson (FERC) asked how the total sediment discharge was calculated.<br />

A: Engelbert explained that the amount of flow for a given day was multiplied by the sediment<br />

discharge rating curve (the amount of sediment for a particular discharge), which is in tons per cubic<br />

feet per second (cfs). This results in a tons calculation by using an adjustment factor to get the units<br />

correct. George Waldow (HDR) noted that this is an established methodology, and Gary Lewis<br />

<strong>Loup</strong> <strong>Power</strong> <strong>District</strong><br />

Columbus, NE<br />

P.O. Box 988<br />

2404 15 th Street<br />

Columbus, NE 68602-0988<br />

Phone (866) 869-2087<br />

Fax (402) 564-0970<br />

www.loup.com<br />

Page 13 of 18


<strong>Loup</strong> River Hydroelectric Project<br />

FERC Project No. 1256<br />

Initial Study Results Meeting Summary<br />

(HDR) added that this procedure is adopted by all of the agencies that work with or represent the<br />

Platte River.<br />

• Q: Tom Econopouly (USFWS) asked if the y-axis was tons on slide 118 and how that relates to the<br />

dominant discharge of 3,500 cfs.<br />

A: Engelbert explained that the total amount of sediment transported in tons was indeed represented<br />

by the y-axis. The dominant discharge is 3500 cfs; however, it was not graphically shown. The red<br />

line on the graph showing the 3,500 cfs does not correspond to the y-axis units. The average tons per<br />

day were determined from total tons, and the dominant discharge corresponding to that average daily<br />

sediment transport was found from the sediment rating curve.<br />

• Q: Nick Jayjack (FERC) asked about the significance of the USBR 1.5-year analysis on the regime<br />

graphs.<br />

A: Engelbert explained that previously, a common estimate of the channel forming flow was the<br />

1.5-year flood, but current technologies do not require such estimates for sand bed systems.<br />

• Q: Jeff Runge (USFWS) asked how the total yield was calculated for North Bend.<br />

A: Engelbert explained that the Missouri River Basin Commission used established methodology to<br />

determine what the supply to those locations would be based on all erosion processes, including sheet,<br />

rill, and bed and bank. There is a table in the initial study report that lists the Missouri River Basin<br />

Commission yields.<br />

• Q: Runge asked if the Platte River between Columbus and North Bend only has a certain amount of<br />

capacity to continue to add to the supply.<br />

A: Gary Lewis (HDR) explained that transport capacity will not necessarily move all of the yield in<br />

braided systems, which are defined as rivers with sediment supplies in much greater excess than the<br />

ability to transport it. The best estimate of yield is what it is transporting whenever a river is in<br />

equilibrium. Missouri River Basin Commission methods are an indicator of whether the yield<br />

exceeds the capacity. Lewis noted that probably what is being transported is what is being delivered<br />

because the river is in dynamic equilibrium. The key point is that by the procedure that was applied<br />

and agreed to in the study plan, the yield exceeded capacity of the transport, so the study sites are not<br />

supply limited. Transport capacities are not additive as you move downstream. The capacity at a<br />

particular location is based on hydraulics—slope, width, depth, velocity—and sediment size.<br />

Because the river hydraulics change, the capacity will change. The capacities and yields are<br />

calculated independently using different methodologies.<br />

• Q: Runge asked if more sediment is being transported away or through North Bend than what is<br />

being supplied from Columbus and Duncan.<br />

A: Engelbert explained that the transport capacity numbers cannot really be added. The capacity is<br />

based on the river condition at Duncan and the river condition at Columbus. You cannot add the<br />

capacity of the two and get the resulting capacity.<br />

• Q: Runge asked if changes in local hydraulic characteristics result in the difference.<br />

A: Engelbert noted that calculations for the Platte River near Columbus have not been completed yet<br />

but will be based on 1 year’s measurements as opposed to the capacities being developed based on<br />

30 or 50 years of hydraulic measurements.<br />

• Q: Richard Holland (NGPC) asked if the capacity indicates the amount of sediment that the water<br />

will hold.<br />

A: Engelbert explained that capacity indicates the amount of bed material sediment the water will<br />

convey, if transporting at capacity.<br />

• Q: Holland asked what determines sediment size and capacity and if we have any indication about<br />

particle size and distribution.<br />

A: Engelbert explained that the sediment size and capacity are based on USGS measurements and<br />

Yang’s Unit Stream <strong>Power</strong> equation. Bed sediment samples, suspended sediment samples, and daily<br />

flow (function of velocity and depth) were used to calculate the capacity. The particle sizes by gage<br />

are in the initial study report or attachments; sizes are different at the study sites, not the same. Lewis<br />

added that if flows decline, transport declines. Engelbert noted that a spatial relationship based on the<br />

<strong>Loup</strong> <strong>Power</strong> <strong>District</strong><br />

Columbus, NE<br />

P.O. Box 988<br />

2404 15 th Street<br />

Columbus, NE 68602-0988<br />

Phone (866) 869-2087<br />

Fax (402) 564-0970<br />

www.loup.com<br />

Page 14 of 18


<strong>Loup</strong> River Hydroelectric Project<br />

FERC Project No. 1256<br />

Initial Study Results Meeting Summary<br />

gaging stations was evaluated. Holland stated that things are completely different 100 miles<br />

downstream. Engelbert explained that the <strong>District</strong> was tasked to evaluate the calculations at a point<br />

within 5 miles of the Tailrace and a point upstream of the Tailrace, which is being done.<br />

• George Waldow (HDR) noted that the yield or supply were each calculated additively as you go<br />

downstream. The analysis does not allow only the capacity amount be added to the supply as you go<br />

downstream. The analysis is only one indicator of capacity, not absolute values. At best, this tool is<br />

an approximation of a complicated system. However, yield or supply exceeds capacity at all<br />

locations. No studies in the literature disagree with this. Lewis provided the definition of dynamic<br />

equilibrium, saying that it doesn’t mean it is always the same; it varies, but around a constant trend.<br />

The Corps describes a stream system with variability (in width, depth, bars, and braids) but not<br />

deviating from a long-term condition trend. We need to look at parameters like effective discharge.<br />

Engelbert added that the budget analysis performed for this sedimentation study is part of that.<br />

• Q: Joel Jorgensen (NGPC) asked if the model is able to measure the errors and bring the error values<br />

forward so that they can be identified.<br />

A: Engelbert explained that the data has uncertainty but not error, and because the data was analyzed<br />

over a 25-year period, any random errors are likely smoothed out. Waldow clarified that rather than<br />

error, Joel is referring to imprecision.<br />

• Q: Holland and Jorgensen noted that it would be useful to know the percent error (for example,<br />

1 percent or 50 percent), or a measurement of the imprecision. Jorgensen also asked if there are error<br />

values for the components that go into Yang’s equation.<br />

A: Lewis noted that USGS rates their records as good, fair, and poor, and in the USGS manual, they<br />

list a confidence range of 5 to 15 percent. We did a sensitivity analysis on Yang’s equation, and we<br />

erred on the side of conservative rather than understating or overstating the capacity. We relied on<br />

USGS flow and other measurements.<br />

• Q: Michelle Koch (NGPC) asked if the yield of total supply available is just free-flowing sediment or<br />

if it also includes the sediment trapped in stabilized sandbars or other stabilization structures.<br />

A: Engelbert explained that the total supply available accounted for the sediment being removed<br />

from the system. The Missouri River Basin Commission accounted for sediment being trapped at<br />

structures or taken out of the system, but did not analyze sediment in stabilized sandbars. For<br />

example, at <strong>Loup</strong>’s diversion structure, they took the total amount and accounted for sediment being<br />

removed in the settling basin. In addition, they accounted for an amount of suspended sediments<br />

being conveyed through the system with half of that sediment being trapped in the system and the<br />

other half returning to the Platte River system at the Tailrace.<br />

• Q: Runge asked if the sediment analysis for the Platte River at Duncan and the <strong>Loup</strong> River at<br />

Columbus could be added to see how close of an agreement there is with the values at North Bend.<br />

A: Engelbert explained that hydrographs are being developed at the area just downstream of the<br />

confluence based on gage data at Duncan and on the <strong>Loup</strong> and that historic reach gains and losses<br />

were accounted for. Runge noted that this would help from a precision standpoint if they were in<br />

close agreement and could shed some light as to the precision.<br />

• Q: Jayjack asked if the capacity numbers were calculated and the yield numbers were from published<br />

sources. If so, he asked if we have a good idea of the uncertainty involved with the capacity numbers.<br />

A: Engelbert confirmed this and stated that whether the rivers are supply limited or not supply<br />

limited is just one piece of the overall puzzle.<br />

• Q: Paul Makowski (FERC) wanted to draw the distinction between uncertainty, error, and variability.<br />

Makowski noted that there is a lot of variability with the sediment discharge rating curve and asked if<br />

a confidence interval could be added and what the bands would be.<br />

A: Engelbert explained that a sensitivity analysis was conducted, and that 25 years of data were used<br />

to reduce the variation. The rating curves showing the variation in suspended loads are an indication<br />

of these bands.<br />

• Q: Econopouly pointed out that there was almost 50 percent more capacity at Genoa than Columbus<br />

and asked about the factor of data.<br />

<strong>Loup</strong> <strong>Power</strong> <strong>District</strong><br />

Columbus, NE<br />

P.O. Box 988<br />

2404 15 th Street<br />

Columbus, NE 68602-0988<br />

Phone (866) 869-2087<br />

Fax (402) 564-0970<br />

www.loup.com<br />

Page 15 of 18


<strong>Loup</strong> River Hydroelectric Project<br />

FERC Project No. 1256<br />

Initial Study Results Meeting Summary<br />

A: Engelbert explained that it is a factor of the data used to develop the sediment discharge rating<br />

curve. At Genoa, there were 25 years of measurements to use, but at Columbus, there was only<br />

1 year of measurements to develop the sediment discharge rating curve. Engelbert agreed that the<br />

results are somewhat inconsistent.<br />

• Q: Econopouly asked why two points marked on Chang’s regime morphology chart, which were<br />

bankfull discharge rather than effective discharge, were not used.<br />

A: Lewis explained that those charts and data points were used in a U.S. Bureau of Reclamation<br />

(USBR) report on Platte River history. He noted that there is no reason to use bankfull or 1.5-year<br />

flows as estimates of channel-forming flow because effective discharge calculations are the current<br />

methodology. Bankfull flow is not easily found on a braided river where the yield exceeds the<br />

transport, forming a “backbone” along the river valley.<br />

• C: Holland noted that when focusing on specific habitat features, there is a need to look at different<br />

types of flow events, such as bankfull flow. There are two different ways of looking at how sediment<br />

is used and what sediment is doing to the river.<br />

Objective 2:<br />

• Literature and analysis clearly indicate that both rivers are in dynamic equilibrium with no indications<br />

of aggradation or degradation or channel geometry changes over time.<br />

• Literature and calculations demonstrate that the <strong>Loup</strong> River bypass reach and the lower Platte River<br />

are in regime and well seated within regime zones classified as braided streams.<br />

Discussion:<br />

• Jeff Runge (USFWS) noted that the purpose of this meeting is to develop information to propose any<br />

necessary changes in methodology. Runge suggested that the trends and channel gradation<br />

information from the 1999 USGS report be updated as a study modification; he noted this would be<br />

included in the USFWS’ comment letter. Lee Emery (FERC) asked if Runge thought the findings<br />

would change with this additional work. Runge indicated he was unsure. Emery also noted that the<br />

cost and benefit of doing this additional work would be a consideration when FERC makes a<br />

determination on modifications. It was also clarified that study modifications should follow FERC’s<br />

7 study request criteria (same as for initial study requests.<br />

• Q: Michelle Koch (NGPC) asked why 1985 was chosen as the starting date.<br />

A: Engelbert explained that it was to correlate the date with bird data available. In addition, USGS<br />

had electronic data from 1984, so it was a good representative era of 25 years to begin with 1985.<br />

These years had wet, dry, and normal year designations, and it was considered to be a good<br />

representative time frame.<br />

Objective 3:<br />

• It was determined that the system is in dynamic equilibrium and the Project does not affect<br />

morphology in this reach of the Platte; therefore, it is inferred that the Project does not affect pallid<br />

sturgeon or least tern and piping plover habitat parameters related to sediment transport.<br />

• No further analysis is needed based on the RSP methodology, but analysis of plots of interior least<br />

tern and piping plover nest counts against sediment transport parameters was completed due to timing<br />

of other study activities.<br />

– There is not a significant relationship between interior least tern and piping plover nest counts<br />

and sediment transport parameters.<br />

– No evidence from this analysis was discovered that would suggest a potential relationship<br />

between nest counts and sediment transport parameters.<br />

Discussion:<br />

<strong>Loup</strong> <strong>Power</strong> <strong>District</strong><br />

Columbus, NE<br />

P.O. Box 988<br />

2404 15 th Street<br />

Columbus, NE 68602-0988<br />

Phone (866) 869-2087<br />

Fax (402) 564-0970<br />

www.loup.com<br />

Page 16 of 18


<strong>Loup</strong> River Hydroelectric Project<br />

FERC Project No. 1256<br />

Initial Study Results Meeting Summary<br />

• Q: Chris Pracheil (NDEQ) asked if transforming some of the discharge parameters might have given<br />

a different correlation. Pracheil also stated that an R 2 of 0.3 is usually considered significant in<br />

biological settings.<br />

A: Matt Pillard (HDR) explained that a linear regression was performed as described in the study<br />

plan.<br />

• C: Joel Jorgensen (NGPC) shared a number of comments related to the statistical analysis of the data:<br />

– Noted that the data preparation should have been explained and that there may be<br />

pseudoreplication issues with the analysis. Is the data normally distributed? If not, is linear<br />

regression appropriate?<br />

– Suggested that rather than using parametric tests, nonparametric tests should have been used<br />

because the data aren’t normally distributed.<br />

– Noted that the small data set may cause issues with the analysis and that specific statistical tests<br />

for significance were not referenced in the report<br />

– Noted that most of the analysis may be influenced by outliers; suggested that the outliers be<br />

reviewed to see why they outliers exist, possibly because of data inconsistencies<br />

– Suggested that linear regression is not appropriate for the data because in some cases the analysis<br />

would result in a negative value, which is not possible..<br />

– Suggested looking at a generalized linear model for regression. Using a model-based approach<br />

you can build competing models and compare the relative strength of the models against each<br />

other that would allow interactions between the x variables.<br />

– Another possible choice is logistic regression.<br />

• Jorgensen noted that he will provide written comments regarding the analysis.<br />

• Mike George (USFWS) noted that he did not see the system as linear either; if it were linear, then at<br />

either end, you will not have nesting. He noted that the value in linear regression was to show that<br />

the relationship is not linear .<br />

• G. Lewis noted that in order to do some of the statistical analysis suggested, such as a principal<br />

component model, there needs to be a model that you are trying to fit. He also noted that to do a<br />

multivariate analysis you have to have an idea of how the variables relate to each other in order to do<br />

the work.<br />

• Joel Jorgenson (NGPC) noted that if there is good justification not to do any sort of additional<br />

analysis, then provide that discussion in the report.<br />

Objective 4:<br />

• It was determined that the system is in dynamic equilibrium and the Project does not affect<br />

morphology in this reach of the Platte; therefore, it is inferred that the Project does not affect pallid<br />

sturgeon habitat parameters related to sediment transport.<br />

– The Lower Platte River geomorphology is in dynamic equilibrium.<br />

– The literature review states that the lower Platte River is appropriate pallid sturgeon habitat.<br />

– Recent sturgeon captures show species occupation.<br />

• No further analysis is needed based on the Revised Study Plan methodology.<br />

Discussion:<br />

• Q: Richard Holland (NGPC) asked if the sampling that occurred 30 miles west of Columbus was a<br />

one-time sampling event and noted that that was not part of the original objectives of the UNL study.<br />

A: Scott Stuewe (HDR) confirmed that it was a one-time sampling event and noted Holland’s<br />

comment.<br />

<strong>Loup</strong> <strong>Power</strong> <strong>District</strong><br />

Columbus, NE<br />

P.O. Box 988<br />

2404 15 th Street<br />

Columbus, NE 68602-0988<br />

Phone (866) 869-2087<br />

Fax (402) 564-0970<br />

www.loup.com<br />

Page 17 of 18


<strong>Loup</strong> River Hydroelectric Project<br />

FERC Project No. 1256<br />

Initial Study Results Meeting Summary<br />

Next Steps<br />

Lisa Richardson (HDR) discussed the next steps for the completed studies and the remaining studies.<br />

For the completed studies, the next steps are as follows:<br />

• September 24, 2010 – <strong>District</strong> submits meeting summary<br />

• October 24, 2010 – Agencies file meeting summary disagreements and submit requests for<br />

modification to on-going studies<br />

• November 24, 2010 – <strong>District</strong> responds to summary comments and study modification requests<br />

• December 27, 2010 – FERC resolves comments and study modification requests<br />

For the remaining studies, the next steps are as follows:<br />

• January 6, 2011 – Submittal of Updated Initial Study Report to FERC<br />

• January 20, 2011 – Updated Initial Study Report Agency Meeting<br />

Discussion:<br />

• There was discussion about the interrelatedness of Sedimentation with the Hydrocycling and Flow<br />

Depletion and Flow Diversion studies. USFWS indicated that because of this, they may hold some of<br />

their comments until after all of the study results are available. This led to a question of whether<br />

FERC will address study modifications in October 2010 or wait until spring 2011 when all study<br />

results and comments are available. FERC is considering this issue.<br />

<strong>Loup</strong> <strong>Power</strong> <strong>District</strong><br />

Columbus, NE<br />

P.O. Box 988<br />

2404 15 th Street<br />

Columbus, NE 68602-0988<br />

Phone (866) 869-2087<br />

Fax (402) 564-0970<br />

www.loup.com<br />

Page 18 of 18


Selzle, Lydia<br />

From: Pillard, Matt<br />

Sent: Monday, November 22, 2010 12:05 PM<br />

To: 'frank.albrecht@nebraska.gov'; 'john.bender@nebraska.gov'; 'jeff_runge@fws.gov';<br />

'robert_harms@fws.gov'; 'barbara.j.friskopp@usace.army.mil'; 'abaum@upperloupnrd.org';<br />

'randy_thoreson@nps.gov'; 'bob.puschendorf@nebraska.gov'; 'mkuzila1@unl.edu';<br />

'david.jundt@dhhs.ne.gov'; 'jmiyoshi@lpnnrd.org'; 'steve.chick@ne.usda.gov';<br />

'pcclerk@megavision.com'; 'cityadmin@cablene.com'; 'ncpza@hamilton.net';<br />

'rbishop@cpnrd.org'; 'jwinkler@papionrd.org'; 'lpsnrd@lpsnrd.org'; 'jmangi@columbusne.us';<br />

'cgenoa@cablene.com'; 'monroe@megavision.com'; 'calms@neb.rr.com';<br />

'danno@nohva.com'; 'mbrown9@unl.edu'; 'rtrudell@santeedakota.org';<br />

'jblackhawk@aol.com'; 'vwills@pawneenation.org'; 'Brian.Dunnigan@nebraska.gov';<br />

'msittler@lpsnrd.org'; 'butchk@nctc.net'; 'robertm@llnrd.org'; 'jmsunne@nppd.com';<br />

'jalexand@usgs.gov'; 'jjshadl@nppd.com'; 'cothern.joe@epa.gov';<br />

'justin.lavene@nebraska.gov'; 'bobbie.wickham@nebraska.gov';<br />

'kennyj@headwaterscorp.com'; 'mferguson@gp.usbr.gov'; 'Willie_Taylor@ios.doi.gov';<br />

'Robert_F_Stewart@ios.doi.gov'; 'jeddins@achp.gov'; 'kenneth.sessa@dhs.gov';<br />

'peggy.harding@ferc.gov'; 'djjarecke@clarkswb.net'; 'al.berndt@nebraska.gov';<br />

'astuthman@leg.ne.gov'; 'ksullivan@leg.ne.gov'; 'clangemeier@leg.ne.gov';<br />

'adubas@leg.ne.gov'; 'chairmanrhodd@ponca.com'; 'asheridan@omahatribe.com';<br />

'don_simpson@blm.gov'; 'nicholas.jayjack@ferc.gov'; 'jill.dolberg@nebraska.gov';<br />

'prescott.brownell@noaa.gov'; 'marvp@megavision.com'; 'lewrightjr@gmail.com';<br />

'thowe@ponca.com'; 'zach_nelson@bennelson.senate.gov'; 'julias@poncatribe1ne.org';<br />

'todd.crawford@mail.house.gov'; 'louis1pofahl@mail.house.gov';<br />

'emily_brummund@johanns.senate.gov'; 'deb.vanmatre@mail.house.gov'; 'tpetr@loup.com';<br />

'mike.black@bia.gov'; 'janet.hutzel@ferc.gov'; 'isis.johnson@ferc.gov'; 'lee.emery@ferc.gov';<br />

'paul.makowski@ferc.gov'<br />

Cc: Angel Robak; Jim Frear; Neil Suess; Ron Ziola; Damgaard, Quinn V.; Engelbert, Pat; Frame,<br />

Gail; Grennan, Dennis E.; Hunt, George; Madson, Michael J.; Pillard, Matt; Richardson, Lisa<br />

(Omaha); Sigler, Bill; Thompson, Wendy; Waldow, George; White, Stephanie<br />

Subject: <strong>Loup</strong> <strong>Power</strong> <strong>District</strong> 1 FERC Relicensing: UPDATED STUDY REPORT SCHEDULE<br />

Relicensing <strong>Part</strong>icipants –<br />

Please find attached a link<br />

(http://www.loup.com/relicense/html/documents/license/LFERC.101119.UpdatedISR_Delay.pdf) to a letter from the<br />

<strong>District</strong> notifying FERC of a delay in completing the following studies due to higher than normal flows on the <strong>Loup</strong> and<br />

Platte rivers:<br />

2 – Hydrocycling<br />

5 – Flow Depletion and Flow Diversion<br />

12 – Ice Jam Flooding on the <strong>Loup</strong> River<br />

Because of the delay to these studies the <strong>District</strong> is delaying submittal of the Updated Initial Study Report (originally<br />

scheduled for January 6, 2011) approximately one month. As a result, the Updated Study Results Meeting will also be<br />

delayed. The new dates for these items are:<br />

Updated Initial Study Results Report – February 11, 2011<br />

Updated Initial Study Results Meeting – February 23 & 24, 2011<br />

The following studies will be presented in the updated report and at the meeting:<br />

1 – Sedimentation (ungaged site analysis)<br />

2 – Hydrocycling<br />

4 – Water Temperature in the <strong>Loup</strong> River Bypass<br />

5 – Flow Depletion and Flow Diversion<br />

8 – Recreation Use<br />

12 – Ice Jam Flooding on the <strong>Loup</strong> and<br />

If you have any questions, please feel free to give me a call.<br />

1


Thanks!<br />

Matt Pillard, AICP<br />

Senior Environmental Planner<br />

Professional Associate<br />

HDR | One Company | Many Solutions<br />

8404 Indian Hills Drive | Omaha, NE | 6811414098<br />

Phone: 402.399.1186 | Fax: 402.399.1111<br />

Email: Matt.Pillard@hdrinc.com<br />

Please consider the environment before printing.<br />

2


Selzle, Lydia<br />

From: Robert Mohler [robertm@llnrd.org]<br />

Sent: Tuesday, November 23, 2010 8:38 AM<br />

To: Thompson, Wendy<br />

Subject: RE: <strong>Loup</strong> & Initial Study Report & Sedimentation Attachments<br />

Thanks, Wendy. The hydrology information is really valuable to me.<br />

Robert T. Mohler, P.E.<br />

<strong>District</strong> Engineer<br />

Lower <strong>Loup</strong> Natural Resources <strong>District</strong><br />

Ord, NE 68862<br />

308-728-3221<br />

From: Thompson, Wendy [mailto:Wendy.Thompson@hdrinc.com]<br />

Sent: Tuesday, November 23, 2010 7:35 AM<br />

To: robertm@llnrd.org<br />

Cc: Richardson, Lisa (Omaha)<br />

Subject: <strong>Loup</strong> + Initial Study Report + Sedimentation Attachments<br />

HDR Employees:<br />

Use the "Download Attachments" button after opening this message in Outlook to download attached files.<br />

Non HDR Recipients:<br />

If you are not an HDR employee and this is your first time using Slingshot click here and follow the prompts to set your<br />

password.<br />

Returning users click here to Download (files: Attachment_B.pdf; Attachment_A.pdf; Attachment_D.pdf;<br />

Attachment_C.pdf;)<br />

Notice: The link in this email will only work for up to 30 days (as set by the sender). If you need access to these<br />

files for longer, please download and save a copy locally. Recipients of forwarded emails WILL NOT have access<br />

to the files using this link.<br />

Please see attached for the requested documents from the <strong>Loup</strong> River Hydrocycling Project Initial Study Report. Please<br />

let us know if you need anything else.<br />

Wendy Thompson<br />

Public Involvement Specialist<br />

HDR ONE COMPANY | Many Solutions<br />

8404 Indian Hills Drive | Omaha, NE | 68114&4098 Phone:402.399.1341| Fax: 402.399.1111<br />

Email:wendy.thompson@hdrinc.com<br />

1


Selzle, Lydia<br />

From: Pillard, Matt<br />

Sent: Monday, November 29, 2010 3:30 PM<br />

To: 'frank.albrecht@nebraska.gov'; 'john.bender@nebraska.gov'; 'jeff_runge@fws.gov';<br />

'robert_harms@fws.gov'; 'barbara.j.friskopp@usace.army.mil'; 'abaum@upperloupnrd.org';<br />

'randy_thoreson@nps.gov'; 'bob.puschendorf@nebraska.gov'; 'mkuzila1@unl.edu';<br />

'david.jundt@dhhs.ne.gov'; 'jmiyoshi@lpnnrd.org'; 'steve.chick@ne.usda.gov';<br />

'pcclerk@megavision.com'; 'cityadmin@cablene.com'; 'ncpza@hamilton.net';<br />

'rbishop@cpnrd.org'; 'jwinkler@papionrd.org'; 'lpsnrd@lpsnrd.org'; 'jmangi@columbusne.us';<br />

'cgenoa@cablene.com'; 'monroe@megavision.com'; 'calms@neb.rr.com';<br />

'danno@nohva.com'; 'mbrown9@unl.edu'; 'rtrudell@santeedakota.org';<br />

'jblackhawk@aol.com'; 'vwills@pawneenation.org'; 'Brian.Dunnigan@nebraska.gov';<br />

'msittler@lpsnrd.org'; 'butchk@nctc.net'; 'robertm@llnrd.org'; 'jmsunne@nppd.com';<br />

'jalexand@usgs.gov'; 'jjshadl@nppd.com'; 'cothern.joe@epa.gov';<br />

'justin.lavene@nebraska.gov'; 'bobbie.wickham@nebraska.gov';<br />

'kennyj@headwaterscorp.com'; 'mferguson@gp.usbr.gov'; 'Willie_Taylor@ios.doi.gov';<br />

'Robert_F_Stewart@ios.doi.gov'; 'jeddins@achp.gov'; 'kenneth.sessa@dhs.gov';<br />

'peggy.harding@ferc.gov'; 'djjarecke@clarkswb.net'; 'al.berndt@nebraska.gov';<br />

'astuthman@leg.ne.gov'; 'ksullivan@leg.ne.gov'; 'clangemeier@leg.ne.gov';<br />

'adubas@leg.ne.gov'; 'chairmanrhodd@ponca.com'; 'asheridan@omahatribe.com';<br />

'don_simpson@blm.gov'; 'nicholas.jayjack@ferc.gov'; 'jill.dolberg@nebraska.gov';<br />

'prescott.brownell@noaa.gov'; 'marvp@megavision.com'; 'lewrightjr@gmail.com';<br />

'thowe@ponca.com'; 'zach_nelson@bennelson.senate.gov'; 'julias@poncatribe1ne.org';<br />

'todd.crawford@mail.house.gov'; 'louis1pofahl@mail.house.gov';<br />

'emily_brummund@johanns.senate.gov'; 'deb.vanmatre@mail.house.gov'; 'tpetr@loup.com';<br />

'mike.black@bia.gov'; 'janet.hutzel@ferc.gov'; 'isis.johnson@ferc.gov'; 'lee.emery@ferc.gov';<br />

'paul.makowski@ferc.gov'<br />

Cc: Angel Robak; Jim Frear; Neil Suess; Ron Ziola; Damgaard, Quinn V.; Engelbert, Pat; Frame,<br />

Gail; Grennan, Dennis E.; Hunt, George; Madson, Michael J.; Pillard, Matt; Richardson, Lisa<br />

(Omaha); Sigler, Bill; Thompson, Wendy; Waldow, George; White, Stephanie<br />

Subject: <strong>Loup</strong> <strong>Power</strong> <strong>District</strong> 1 FERC Relicensing: Web Posting<br />

Relicensing <strong>Part</strong>icipants:<br />

On November 24 th the <strong>District</strong> filed responses to all comments received on the Initial Study Report (ISR) and ISR meeting<br />

notes with FERC. These responses are available on the <strong>District</strong>’s Relicensing website as well as on the FERC e1Library<br />

(Docket No. P112561029).<br />

Also – just a reminder of the date change for submittal of the Updated Initial Study Report and follow1up meeting.<br />

Updated Initial Study Results Report – February 11, 2011<br />

Updated Initial Study Results Meeting – February 23 & 24, 2011<br />

The following studies will be presented in the updated report and at the meeting:<br />

1 – Sedimentation (ungaged site analysis)<br />

2 – Hydrocycling<br />

4 – Water Temperature in the <strong>Loup</strong> River Bypass<br />

5 – Flow Depletion and Flow Diversion<br />

8 – Recreation Use<br />

12 – Ice Jam Flooding on the <strong>Loup</strong> River<br />

Thank you and please let me know if you have any questions.<br />

Matt Pillard, AICP<br />

Senior Environmental Planner<br />

Professional Associate<br />

1


December 16, 2010<br />

Mr. Robert Puschendorf<br />

State Historic Preservation Office<br />

1500 R Street<br />

P.O. Box 82554<br />

Lincoln, NE 68501-2554<br />

Re: HP#0804-127-01<br />

<strong>Loup</strong> River Hydroelectric Project Relicensing<br />

FERC Project No. 1256; Docket No. 1256-029<br />

Addendum to Phase I/II Archaeological Inventory and Evaluation<br />

Dear Mr. Puschendorf:<br />

Per my letter to you on October 22, 2010, <strong>Loup</strong> <strong>Power</strong> <strong>District</strong> (the <strong>District</strong>) has<br />

reconstructed a single pole transmission line in the vicinity of site 25PT115, a<br />

property recommended eligible for listing on the National Register of Historic Places<br />

under criterion “d.” Because replacement of this line represents an action within the<br />

Project APE, prior to initiating construction activities, the <strong>District</strong> contracted with<br />

Nancy Carlson to perform subsurface testing efforts to assess whether the proposed<br />

locations of the eleven replacement transmission poles within the boundaries of the<br />

site will affect the integrity of archaeological materials.<br />

The results of that effort suggested that the soil profile at most pole locations has been<br />

disturbed by cultivation and erosion, or obscured by fill. Two small lithic artifact<br />

fragments were found within the initial 10 cm of the surface and plow zone at the test<br />

site for Pole #17. No other archaeological remains or indications of buried<br />

archaeological deposits were encountered during this investigation. Based on these<br />

results, the <strong>District</strong> also contracted with Ms. Carlson to monitor construction<br />

activities. Monitoring of the pole placement produced no cultural material or features.<br />

Enclosed please find a copy of Ms. Carlson’s report documenting her investigations<br />

both prior to and during construction.


Please do not hesitate to contact Michael Madson (HDR) at (763) 278-5921 or me at<br />

(402) 564-3171 if you have any questions about this report.<br />

Sincerely,<br />

Neal Suess<br />

President/CEO<br />

<strong>Loup</strong> <strong>Power</strong> <strong>District</strong><br />

cc:<br />

Jill Dolberg, SHPO<br />

Lee Emery, Federal Energy Regulatory Commission<br />

Janet Hutzel, Federal Energy Regulatory Commission<br />

Ron Ziola, <strong>Loup</strong> <strong>Power</strong> <strong>District</strong><br />

Lisa Richardson, HDR<br />

Michael Madson, HDR


OFFICE OF ENERGY PROJECTS<br />

Mr. Neal Suess, President/CEO<br />

<strong>Loup</strong> <strong>Power</strong> <strong>District</strong><br />

2404 15 th Street<br />

P.O. Box 988<br />

Columbus, NE 68602-0988<br />

FEDERAL ENERGY REGULATORY COMMISSION<br />

WASHINGTON D.C. 20426<br />

December 20, 2010<br />

Project No. 1256-029-Nebraska<br />

<strong>Loup</strong> River Hydroelectric Project<br />

<strong>Loup</strong> <strong>Power</strong> <strong>District</strong><br />

Reference: Determination on Requests for Modifications to the <strong>Loup</strong> River<br />

Hydroelectric Project Study Plan<br />

Dear Mr. Suess:<br />

Pursuant to 18 CFR § 5.15(c), this letter contains my determination on requests for<br />

modifications to <strong>Loup</strong> <strong>Power</strong> <strong>District</strong>’s <strong>Loup</strong> River Hydroelectric Project (<strong>Loup</strong> River<br />

Project or project) study plan.<br />

Background<br />

<strong>Loup</strong> <strong>Power</strong> <strong>District</strong> filed its Initial Study Report on August 27, 2010, and held a<br />

meeting on September 9, 2010, to discuss: (1) the first year study results to date (the<br />

studies were initiated in June 2010) and (2) proposed modifications to the study plan. On<br />

September 24, 2010, <strong>Loup</strong> <strong>Power</strong> <strong>District</strong> filed a meeting summary. <strong>Loup</strong> <strong>Power</strong><br />

<strong>District</strong>’s proposed modifications, which are based on information derived from the<br />

ongoing studies, are detailed in the Initial Study Report and summarized in the<br />

September 24, 2010 meeting summary. The Initial Study Report provided results for the<br />

following approved studies:<br />

• Study 1.0 – Sedimentation<br />

• Study 7.0 – Fish Passage<br />

• Study 10.0 – Land Use Inventory<br />

• Study 11.0 – Section 106 Compliance


<strong>Loup</strong> River Hydroelectric Project<br />

Project No. 1256-029-Nebraska<br />

At the meeting, <strong>Loup</strong> <strong>Power</strong> <strong>District</strong> also provided progress updates for the<br />

following on-going studies:<br />

• Study 2.0 – Hydrocycling<br />

• Study 4.0 – Water Temperature in the <strong>Loup</strong> River Bypass Reach<br />

• Study 5.0 – Flow Depletion and Flow Diversion<br />

• Study 8.0 – Recreation Use<br />

• Study 12.0 – Ice Jam Flooding on the <strong>Loup</strong> River<br />

Written comments on the Initial Study Report were filed by the U.S. Fish and<br />

Wildlife Service (FWS) on October 21, 2010; Federal Energy Regulatory Commission<br />

staff (Commission staff) on October 22, 2010; Nebraska Game and Parks Commission<br />

(Nebraska Game and Parks) on October 25, 2010; and National Park Service (NPS) on<br />

October 25, 2010. None of the commenting entities requested that new studies be<br />

conducted; however, some of the entities requested minor study plan modifications for<br />

two of the existing approved study plans for the project: Study 1.0--Sedimentation and<br />

Study 2.0--Hydrocycling. <strong>Loup</strong> <strong>Power</strong> <strong>District</strong> adequately addressed all comments<br />

concerning the approved studies in a November 24, 2010 filing.<br />

Study Determination<br />

Commission staff reviewed the recommended modifications to the initial study<br />

plan, comments on the Initial Study Report, and other related elements on the record.<br />

Based on that review, I am modifying Study 1.0--Sedimentation and Study 2.0--<br />

Hydrocycling to require that <strong>Loup</strong> <strong>Power</strong> <strong>District</strong>:<br />

Sedimentation Study<br />

2<br />

• include confidence limits on the sediment rating curves used to develop the<br />

sediment budgets and effective discharges that are presented in the<br />

Sediment Study Report.<br />

• include aggradation/degradation analyses developed for the Duncan, North<br />

Bend, Ashland and Louisville gages that were presented in the Pre-<br />

Application Document into the Updated Study Report for the<br />

Sedimentation Study.<br />

• conduct an aggradation/degradation analysis using Genoa gage data and<br />

provide the results in the Updated Study Report for the Sedimentation<br />

Study.<br />

• use the Kendall tau test to assess trends in the aggradation/degradation data.<br />

• perform the more comprehensive statistical analyses recommended by<br />

Nebraska Game and Parks to evaluate the relationship between sediment<br />

transport parameters and tern and plover nesting.


<strong>Loup</strong> River Hydroelectric Project<br />

Project No. 1256-029-Nebraska<br />

• attach publications by Chen et al. (1999) and Missouri River Basin<br />

Commission (1975) to the Updated Study Report.<br />

Hydrocyling<br />

• conduct the study’s sediment transport analysis using HEC-RAS.<br />

By letter filed on November 19, 2010, <strong>Loup</strong> <strong>Power</strong> <strong>District</strong> proposed to file a<br />

revised Initial Study Report with the Commission on February 11, 2011, and to hold an<br />

updated Study Results Meetings in Columbus, NE on February 23-24, 2011, to discuss<br />

the results of studies 2, 4, 5, 8, and 12, which have been delayed because of adverse<br />

weather conditions. I approve this rescheduling of the second Initial Study Results<br />

Meeting for the five remaining studies.<br />

No other modifications to the study plan are needed. The procedures for<br />

implementing these modifications and my reasons for requiring them as well as for not<br />

making other recommended modifications are explained in detail in <strong>Appendix</strong> A.<br />

If you have any questions, please contact Lee Emery at (202) 502-8379 or<br />

Lee.Emery@ferc.gov.<br />

cc: Mailing List<br />

Public File<br />

3<br />

Sincerely,<br />

Jeff C. Wright<br />

Director<br />

Office of Energy Projects


APPENDIX A<br />

Staff’s Recommendations and Findings on Requested Study Modifications<br />

Below, we discuss the comments on the Initial Study Report, filed on August 27,<br />

2010, and provide our basis for requiring or not requiring certain modifications to the<br />

Study Plan.<br />

Study 1.0 – Sedimentation<br />

1. Requested Modification<br />

FWS recommended that ranges of uncertainty be included for all study segment<br />

results, including annual and seasonal estimates of sediment transport. In support of its<br />

recommendation, FWS stated that the uncertainty associated with the calibration should<br />

be transparent and incorporated into the overall analysis. In response, <strong>Loup</strong> <strong>Power</strong><br />

<strong>District</strong> stated that it does not agree that ranges of uncertainty are required for the data<br />

and instead states that the preferred method of evaluating the uncertainties and variability<br />

associated with the sediment data is by visual assessment. However, <strong>Loup</strong> <strong>Power</strong> <strong>District</strong><br />

stated that if it is required to provide the ranges of uncertainty, it can only provide the<br />

information for its own data presented in the Sedimentation Study Report 1<br />

and not the<br />

data it presented that was gathered by others.<br />

Discussion and Conclusions<br />

FWS’ request appears to reference the sediment rating curves presented in the<br />

Sedimentation Study Report. These plots include the observed data, regression lines,<br />

equations of the regression lines, and coefficients of determination. 2<br />

Confidence limits indicate the reliability of an estimate by describing the<br />

boundaries of the interval around the values determined by use of the regression line.<br />

Data falling inside selected confidence limits are considered significant and data falling<br />

outside the selected confidence limits are considered not significant. In hydrology, the<br />

confidence limits are generally chosen at a level of between 80 and 95 percent. 3<br />

1<br />

This report is included as <strong>Appendix</strong> A of the Initial Study Report filed by <strong>Loup</strong><br />

<strong>Power</strong> <strong>District</strong> on August 27, 2010.<br />

2<br />

A coefficient of determination provides a measure of the difference between the<br />

variance of the observed (actual) values and the values determined by use of the equation<br />

of the regression line.<br />

3<br />

Chow, V.T. 1964. Handbook of Applied Hydrology. McGraw-Hill Book<br />

Company, New York, NY. 1,418 pp.


<strong>Loup</strong> River Hydroelectric Project<br />

Project No. 1256-029-Nebraska<br />

Including confidence limits on the plots would effectively communicate the<br />

uncertainty of the data used in the analysis as requested by the FWS. We do not agree<br />

with <strong>Loup</strong> <strong>Power</strong> <strong>District</strong> that a visual assessment would be sufficient. Although a visual<br />

assessment would allow one to observe the variability, it does not indicate whether or not<br />

the variability is significant. Therefore, we recommend that <strong>Loup</strong> <strong>Power</strong> <strong>District</strong> modify<br />

the sediment rating curves to include confidence limits at a minimum of an 80 percent<br />

confidence level. The modified sediment rating curves should be incorporated into the<br />

Updated Study Report.<br />

We agree with <strong>Loup</strong> <strong>Power</strong> <strong>District</strong> that they should not be responsible for<br />

evaluating the uncertainty for U.S. Geological Survey (USGS) measurements that were<br />

presented in the report. Therefore, we do not recommend that <strong>Loup</strong> <strong>Power</strong> <strong>District</strong> do so.<br />

However, we recommend that the sediment rating curves developed by <strong>Loup</strong> <strong>Power</strong><br />

<strong>District</strong> using USGS measurements include the confidence limits where the curves are<br />

used by <strong>Loup</strong> <strong>Power</strong> <strong>District</strong> to develop the sediment budgets or effective discharges<br />

presented in the Updated Study Report.<br />

2. Requested Modification<br />

FWS recommended that an aggradation/degradation analysis conducted by Chen<br />

et al. (1999) be expanded by the <strong>Loup</strong> <strong>Power</strong> <strong>District</strong> to include updated stream gage<br />

information for the <strong>Loup</strong> River near Genoa (Gage 06793000) and Columbus<br />

(Gage 06794500), and for the Platte River at North Bend (Gage 06796000), and that<br />

Chen’s (1999) analysis should be updated to use more current data (i.e., 1995 to present).<br />

<strong>Loup</strong> <strong>Power</strong> <strong>District</strong> would include the results of this analysis in its Sedimentation Study<br />

Report.<br />

<strong>Loup</strong> <strong>Power</strong> <strong>District</strong> did not respond directly to the request to expand the analysis<br />

to include gage data from the <strong>Loup</strong> River at Genoa and Columbus, and the Platte River at<br />

North Bend; however, <strong>Loup</strong> <strong>Power</strong> <strong>District</strong> noted that it had used more current data from<br />

the Duncan (1997-2007), North Bend (1989-2007), Ashland (1995-2007), and Louisville<br />

(1985-2007) gages on the Platte River. 4<br />

<strong>Loup</strong> <strong>Power</strong> <strong>District</strong> added that the analysis of<br />

these four gages was included in section 5 of the Pre-Application Document (PAD).<br />

Discussion and Conclusions<br />

An assessment of aggradation/degradation on the <strong>Loup</strong> River is missing from the<br />

<strong>Loup</strong> <strong>Power</strong> <strong>District</strong>’s analysis. This information is needed for us to assess<br />

aggradation/degradation conditions on the <strong>Loup</strong> River, which is part of the project’s<br />

available.<br />

4 The period 1985 to 2007 was selected because the data was electronically<br />

2


<strong>Loup</strong> River Hydroelectric Project<br />

Project No. 1256-029-Nebraska<br />

affected environment. Therefore, we recommend that <strong>Loup</strong> <strong>Power</strong> <strong>District</strong> conduct an<br />

aggradation/degradation analysis using data from the Genoa gage as recommended by the<br />

FWS and include the results in its Updated Study Report.<br />

However, we do not recommend that the <strong>Loup</strong> <strong>Power</strong> <strong>District</strong> expand the analysis<br />

to include more recent data from the <strong>Loup</strong> River at the Columbus gage as recommended<br />

by FWS. The most recent data from the Columbus gage is from September 23, 2008 to<br />

the present. This most recent record is too short to provide any meaningful information.<br />

Therefore, we do not recommend adding more recent data from the Columbus gage to the<br />

<strong>Loup</strong> <strong>Power</strong> <strong>District</strong>’s sedimentation study report.<br />

As to FWS’ recommendation that <strong>Loup</strong> <strong>Power</strong> <strong>District</strong>’s analysis include data<br />

from the North Bend gage, we note that the <strong>Loup</strong> <strong>Power</strong> <strong>District</strong> has already developed<br />

its analysis of the aggradation/degradation component of the sedimentation study for the<br />

North Bend gage as well as the Duncan, Ashland, and Louisville gages. The analysis of<br />

aggradation/degradation at these gages was reported in the PAD, but not in the Initial<br />

Study Report. This analysis is important to our understanding of aggradation/degradation<br />

both upstream and downstream of the project. Therefore, we recommend that <strong>Loup</strong><br />

<strong>Power</strong> <strong>District</strong> include in the Updated Study Report the aggradation/degradation analysis<br />

for these four gages that was presented in the PAD.<br />

3. Requested Modification<br />

FWS recommended using the Kendall tau test to assess trends in aggradation and<br />

degradation. However, FWS did not provide a discussion as to why it was<br />

recommending the Kendall tau test. In its November 24, 2010 filing, <strong>Loup</strong> <strong>Power</strong><br />

<strong>District</strong> responded that they would perform the Kendall tau test and report the results in<br />

the Updated Study Report.<br />

Discussion and Conclusions<br />

The Kendall tau test is a nonparametric statistic used to measure the association<br />

between two measured quantities through the computation of a correlation coefficient<br />

(tau). <strong>Loup</strong> <strong>Power</strong> <strong>District</strong> agreed to use the Kendall tau test to assess trends in<br />

aggradation/degradation at the selected stream cross sections for the sedimentation study<br />

and include results of this analysis in the Updated Study Report. We agree that<br />

performance of the Kendall tau test could be useful for assessing trends in<br />

aggradation/degradation within project area waters. We could use this information as<br />

part of our assessment of project effects on sedimentation and any related effects on<br />

plover and tern habitat. Therefore, we recommend that <strong>Loup</strong> <strong>Power</strong> <strong>District</strong> use the<br />

Kendall tau test to assess trends in aggradation/degradation within project area waters and<br />

include this analysis in the Updated Study Report.<br />

3


<strong>Loup</strong> River Hydroelectric Project<br />

Project No. 1256-029-Nebraska<br />

4. Requested Modification<br />

Nebraska Game and Parks made several suggestions on ways of improving the<br />

statistical analysis in evaluating sediment transport and its effects on nesting conditions<br />

for terns and plovers. These suggestions include: (1) use of a nonparametric test to<br />

assess the data, unless it can be shown that a parametric test is appropriate (i.e., if it can<br />

be shown that the data is normally distributed); (2) identify the sources of observed<br />

outliers presented in the report; (3) provide significance tests, P-values, and estimates of<br />

error for the data; (4) use a model-based or Bayesian analysis to analyze the data; (5)<br />

simplify the analysis by conducting a correlation, multivariate, or principal components<br />

analysis to reduce the number of dependent variables; (6) apply tests of significance to<br />

regression and correlation analyses presented in the report; and (7) use a Generalized<br />

Linear Model with either a logistic regression or Poisson regression in place of the linear<br />

regressions presented in the report.<br />

<strong>Loup</strong> <strong>Power</strong> <strong>District</strong> responded that it was currently reviewing the use of the<br />

statistical analyses recommendations provided by Nebraska Game and Parks, would also<br />

research other statistical analyses, and include any specific analyses in the Updated Study<br />

Report.<br />

Discussion and Conclusions<br />

Nebraska Game and Parks suggestions for a more complete evaluation of the data,<br />

including but not limited to, a more detailed data summary, discussion, and subsequent<br />

application of the most appropriate test(s) and/or statistical model(s) with respect to the<br />

distribution of the data set, as well as describing estimates of confidence and error would<br />

improve the strength of the statistical analyses included in the Initial Study Report and<br />

provide a more comprehensive assessment of the relationship between the sediment<br />

transport parameters and nesting of terns and plovers. Therefore, we recommend that the<br />

study plan be modified to require <strong>Loup</strong> <strong>Power</strong> <strong>District</strong> to incorporate the suggestions<br />

provided by Nebraska Game and Parks and provide the results in the Updated Study<br />

Report. If <strong>Loup</strong> <strong>Power</strong> <strong>District</strong> determines through its analysis of the data that a<br />

particular suggestion should not be followed, <strong>Loup</strong> <strong>Power</strong> <strong>District</strong> should provide its<br />

reasons for not adopting the suggestion in its Updated Study Report.<br />

5. Requested Modification<br />

<strong>Loup</strong> <strong>Power</strong> <strong>District</strong>’s responses to FWS’ various requested study modifications<br />

reference two reports:<br />

4


<strong>Loup</strong> River Hydroelectric Project<br />

Project No. 1256-029-Nebraska<br />

5<br />

• Chen, Abraham H., David L. Rus, and C.P. Stanton. 1999. “Trends in<br />

Channel Gradation in Nebraska Streams, 1913-95.” USGS Water-<br />

Resources Investigations Report 99-4103. Lincoln, Nebraska.<br />

• Missouri River Basin Commission. September 1975. “Platte River Basin –<br />

Nebraska, Level B Study, Land Conservation and Sedimentation.”<br />

Technical Paper.<br />

Discussion and Conclusions<br />

The information in these two publications, including, methodologies, results, and<br />

conclusions, are frequently discussed and cited in the Sedimentation Study Report;<br />

however, the publications are not in the Commission’s project record for staff’s use.<br />

Therefore, we recommend that the study plan be modified to require that <strong>Loup</strong> <strong>Power</strong><br />

<strong>District</strong> attach these two publications to the Updated Study Report.<br />

Study 2.0 – Hydrocycling<br />

1. Requested Modification<br />

Commission staff requested that <strong>Loup</strong> <strong>Power</strong> <strong>District</strong> conduct the sediment<br />

transport analysis portion of the Hydrocycling Study using HEC-RAS. In its<br />

November 24, 2010 filing, <strong>Loup</strong> <strong>Power</strong> <strong>District</strong> responded that it agreed to use the<br />

sediment transport module within HEC-RAS to address staff’s request.<br />

Discussion and Conclusions<br />

Sediment transport analysis using the HEC-RAS model has been successfully used<br />

in numerous studies of the type and manner conducted for the <strong>Loup</strong> Project. The HEC-<br />

RAS model has the ability to provide data that predicts whether there would be<br />

aggradation or degradation of the channel for various project operations. More<br />

specifically, the model output could be used to evaluate the relative effects of project<br />

operations on sediment transport, channel geometry, and water surface. This sediment<br />

transport and hydraulic information would be used in determining an assessment of<br />

environmental effects caused by the proposed project operations. Therefore, we<br />

recommend that the study plan be modified to specifically require that <strong>Loup</strong> <strong>Power</strong><br />

<strong>District</strong> use HEC-RAS for its sediment transport analysis. The results should be filed in<br />

the Updated Study Report.

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