[Code of Federal Regulations]
[Title 18, Volume 1]
[Revised as of April 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 18CFR4.41]
[Page 101-111]
TITLE 18--CONSERVATION OF POWER AND WATER RESOURCES
CHAPTER I--FEDERAL ENERGY REGULATORY COMMISSION, DEPARTMENT OF ENERGY
PART 4_LICENSES, PERMITS, EXEMPTIONS, AND DETERMINATION OF PROJECT
COSTS--Table of Contents
Subpart E_Application for License for Major Unconstructed Project and
Major Modified Project
Sec. 4.41 Contents of application.
Any application under this subpart must contain the following
information in the form prescribed:
(a) Initial statement.
Before the Federal Energy Regulatory Commission
Application for License for Major Unconstructed Project or Major
Modified Project
(1) [Name of applicant] applies to the Federal Energy Regulatory
Commission for a [license or new license, as appropriate] for the [name
of project] water power project, as described in the attached exhibits.
[Specify any previous FERC project number designation.]
(2) The location of the proposed project is:
State or territory:_____________________________________________________
County:_________________________________________________________________
Township or nearby town:________________________________________________
Stream or other body of water:__________________________________________
(3) The exact name, business address, and telephone number of the
applicant are:
________________________________________________________________________
________________________________________________________________________
(4) The applicant is a (citizen of the United States, association of
citizens of the United States, domestic corporation, municipality, or
State, as appropriate) and (is/is not) claiming preference under section
7(a) of the Federal Power Act. See 16 U.S.C. 796.
(5)(i) The statutory or regulatory requirements of the state(s) in
which the project would be located and that affect the project as
proposed with respect to bed and banks and to the appropriation,
diversion, and use of water for power purposes, and with respect to the
right to engage in the business of developing, transmitting, and
distributing power and in any other business necessary to accomplish the
purposes of the license under the Federal Power Act, are: [provide
citation and brief identification of the nature of each requirement; if
the applicant is a municipality, the applicant must submit copies of
applicable state or local laws or a municipal charter or, if such laws
or documents are not clear, any other appropriate legal authority,
evidencing that the municipality is competent under such laws to engage
in the business of developing, transmitting, utilizing, or distributing
power.]
(ii) The steps which the applicant has taken, or plans to take, to
comply with each of the laws cited above are: [provide brief description
for each requirement]
(b) Exhibit A is a description of the project. If the project
includes more than one dam with associated facilities, each dam and the
associated component parts must be described together as a discrete
development. The description for each development must contain:
(1) The physical composition, dimensions, and general configuration
of any dams, spillways, penstocks, powerhouses, tailraces or other
structures proposed to be included as part of the project;
(2) The normal maximum water surface area and normal maximum water
surface elevation (mean sea level), gross storage capacity of any
impoundments to be included as part of the project;
(3) The number, type and rated capacity of any proposed turbines or
generators to be included as part of the project;
(4) The number, length, voltage and interconnections of any primary
transmission lines proposed to be included a part of the project [See 16
U.S.C. 796(11)];
(5) The description of any additional mechanical, electrical, and
transmission equipment appurtenant to the project; and
(6) All lands of the United States, including lands patented subject
to the provisions of section 24 of the Act, 16 U.S.C. 818, that are
enclosed within the project boundary described under paragraph (h) of
this section (Exhibit G), identified and tabulated by legal subdivisions
of a public land survey, by the best available legal description. The
tabulation must show the total acreage of the lands of the United States
within the project boundary.
(c) Exhibit B is a statement of project operation and resource
utilization. If the project includes more than one dam with associated
facilities, the information must be provided separately for each
discrete development. The exhibit must contain:
[[Page 102]]
(1) A description of each alternative site considered in selecting
of the proposed site;
(2) A description of any alternative facility designs, processes,
and operations that were considered.
(3) A statement as to whether operation of the power plant will be
manual or automatic, an estimate of the annual plant factor, and a
statement of how the project will be operated during adverse, mean, and
high water years;
(4) An estimate of the dependable capacity and average annual energy
production in kilowatt-hours (or mechanical equivalent), supported by
the following data:
(i) The minimum, mean, and maximum recorded flows in cubic feet per
second of the stream or other body of water at the powerplant intake or
point of diversion, with a specification of any adjustment made for
evaporation, leakage minimum flow releases (including duration of
releases) or other reductions in available flow; monthly flow duration
curves indicating the period of record and the gauging stations used in
deriving the curves; and a specification of the critical streamflow used
to determine the dependable capacity;
(ii) An area-capacity curve showing the gross storage capacity and
usable storage capacity of the impoundment, with a rule curve showing
the proposed operation of the impoundment and how the usable storage
capacity is to be utilized;
(iii) The estimated minimum and maximum hydraulic capacity of the
powerplant in terms of flow and efficiency (cubic feet per second at
one-half, full and best gate), and the corresponding generator output in
kilowatts;
(iv) A tailwater rating curve; and
(v) A curve showing powerplant capability versus head and specifying
maximum, normal, and minimum heads;
(5) A statement of system and regional power needs and the manner in
which the power generated at the project is to be utilized, including
the amount of power to be used on-site, if any, supported by the
following data:
(i) Load curves and tabular data, if appropriate;
(ii) Details of conservation and rate design programs and their
historic and projected impacts on system loads; and
(iii) The amount of power to be sold and the identity of proposed
purchaser(s); and
(6) A statement of the applicant's plans for future development of
the project or of any other existing or proposed water power project on
the affected stream or other body of water, indicating the approximate
location and estimated installed capacity of the proposed developments.
(d) Exhibit C is a proposed construction schedule for the project.
The information required may be supplemented with a bar chart. The
construction schedule must contain:
(1) The proposed commencement and completion dates of any new
construction, modification, or repair of major project works;
(2) The proposed commencement date of first commercial operation of
each new major facility and generating unit; and
(3) If any portion of the proposed project consists of previously
constructed, unlicensed water power structures or facilities, a
chronology of original completion dates of those structures or
facilities specifying dates (approximate dates must be identified as
such) of:
(i) Commencement and completion of construction or installation;
(ii) Commencement of first commercial operation; and
(iii) Any additions or modifications other than routine maintenance.
(e) Exhibit D is a statement of project costs and financing. The
exhibit must contain:
(1) A statement of estimated costs of any new construction,
modification, or repair, including:
(i) The cost of any land or water rights necessary to the
development;
(ii) The total cost of all major project works;
(iii) Indirect construction costs such as costs of construction
equipment, camps, and commissaries;
(iv) Interest during construction; and
(v) Overhead, construction, legal expenses, and contingencies;
[[Page 103]]
(2) If any portion of the proposed project consists of previously
constructed, unlicensed water power structures or facilities, a
statement of the original cost of those structures or facilities
specifying for each, to the extent possible, the actual or approximate
total costs (approximate costs must be identified as such) of:
(i) Any land or water rights necessary to the existing project
works;
(ii) All major project works; and
(iii) Any additions or modifications other than routine maintenance;
(3) If the applicant is a licensee applying for a new license, and
is not a municipality or a state, an estimate of the amount which would
be payable if the project were to be taken over pursuant to section 14
of the Federal Power Act, 16 U.S.C. 807, upon expiration of the license
in effect including:
(i) Fair value;
(ii) Net investment; and
(iii) Severance damages;
(4) A statement of the estimated average annual cost of the total
project as proposed, specifying any projected changes in the costs
(life-cycle costs) over the estimated financing or licensing period if
the applicant takes such changes into account, including:
(i) Cost of capital (equity and debt);
(ii) Local, state, and Federal taxes;
(iii) Depreciation or amortization,
(iv) Operation and maintenance expenses, including interim
replacements, insurance, administrative and general expenses, and
contingencies; and
(v) The estimated capital cost and estimated annual operation and
maintenance expense of each proposed environmental measure;
(5) A statement of the estimated annual value of project power based
on a showing of the contract price for sale of power or the estimated
average annual cost of obtaining an equivalent amount of power (capacity
and energy) from the lowest cost alternative source of power, specifying
any projected changes in the costs (life-cycle costs) of power from that
source over the estimated financing or licensing period if the applicant
takes such changes into account;
(6) A statement describing other electric energy alternatives, such
as gas, oil, coal and nuclear-fueled powerplants and other conventional
and pumped storage hydroelectric plants;
(7) A statement and evaluation of the consequences of denial of the
license application and a brief perspective of what future use would be
made of the proposed site if the proposed project were not constructed;
(8) A statement specifying the sources and extent of financing and
annual revenues available to the applicant to meet the costs identified
in paragraphs (e) (1) and (4) of this section;
(9) An estimate of the cost to develop the license application; and
(10) The on-peak and off-peak values of project power, and the basis
for estimating the values, for projects which are proposed to operate in
a mode other than run-of-river.
(f) Exhibit E is an Environmental Report. Information provided in
the report must be organized and referenced according to the itemized
subparagraphs below. See Sec. 4.38 for consultation requirements. The
Environmental Report must contain the following information,
commensurate with the scope of the project:
(1) General description of the locale. The applicant must provide a
general description of the environment of the proposed project area and
its immediate vicinity. The description must include location and
general information helpful to an understanding of the environmental
setting.
(2) Report on water use and quality. The report must discuss water
quality and flows and contain baseline data sufficient to determine the
normal and seasonal variability, the impacts expected during
construction and operation, and any mitigative, enhancement, and
protective measures proposed by the applicant. The report must be
prepared in consultation with the state and Federal agencies with
responsibility for management of water quality and quantity in the
affected stream or other body of water. The report must include:
(i) A description of existing instream flow uses of streams in the
project area that would be affected by construction and operation;
estimated quantities of water discharged from the proposed
[[Page 104]]
project for power production; and any existing and proposed uses of
project waters for irrigation, domestic water supply, industrial and
other purposes;
(ii) A description of the seasonal variation of existing water
quality for any stream, lake, or reservoir that would be affected by the
proposed project, including (as appropriate) measurements of:
significant ions, chlorophyll a, nutrients, specific conductance, pH,
total dissolved solids, total alkalinity, total hardness, dissolved
oxygen, bacteria, temperature, suspended sediments, turbidity and
vertical illumination;
(iii) A description of any existing lake or reservoir and any of the
proposed project reservoirs including surface area, volume, maximum
depth, mean depth, flushing rate, shoreline length, substrate
classification, and gradient for streams directly affected by the
proposed project;
(iv) A quantification of the anticipated impacts of the proposed
construction and operation of project facilities on water quality and
downstream flows, such as temperature, turbidity and nutrients;
(v) A description of measures recommended by Federal and state
agencies and the applicant for the purpose of protecting or improving
water quality and stream flows during project construction and
operation; an explanation of why the applicant has rejected any measures
recommended by an agency; and a description of the applicant's
alternative measures to protect or improve water quality stream flow;
(vi) A description of groundwater in the vicinity of the proposed
project, including water table and artesian conditions, the hydraulic
gradient, the degree to which groundwater and surface water are
hydraulically connected, aquifers and their use as water supply, and the
location of springs, wells, artesian flows and disappearing streams; a
description of anticipated impacts on groundwater and measures proposed
by the applicant and others for the mitigation of impacts on
groundwater; and
(3) Report on fish, wildlife, and botanical resources. The applicant
must provide a report that describes the fish, wildlife, and botanical
resources in the vicinity of the proposed project; expected impacts of
the project on these resources; and mitigation, enhancement, or
protection measures proposed by the applicant. The report must be
prepared in consultation with the state agency or agencies with
responsibility for these resources, the U.S. Fish and Wildlife Service,
the National Marine Fisheries Service (if the proposed project may
affect anadromous, estuarine, or marine fish resources), and any state
or Federal agency with managerial authority over any part of the
proposed project lands. The report must contain:
(i) A description of existing fish, wildlife, and plant communities
of the proposed project area and its vicinity, including any downstream
areas that may be affected by the proposed project and the area within
the transmission line corridor or right-of-way. A map of vegetation
types should be included in the description. For species considered
important because of their commercial or recreational value, the
information provided should include temporal and spatial distributions
and densities of such species. Any fish, wildlife, or plant species
proposed or listed as threatened or endangered by the U.S. Fish and
Wildlife Service or National Marine Fisheries Service [see 50 CFR 17.11
and 17.12] must be identified;
(ii) A description of the anticipated impacts on fish, wildlife and
botanical resources of the proposed construction and operation of
project facilities, including possible changes in size, distribution,
and reproduction of essential population of these resources and any
impacts on human utilization of these resources;
(iii) A description of any measures or facilities recommended by
state or Federal agencies for the mitigation of impacts on fish,
wildlife, and botanical resources, or for the protection or enhancement
of these resources, the impact on threatened or endangered species, and
an explanation of why the applicant has determined any measures or
facilities recommended by an agency are inappropriate as well as a
description of alternative measures proposed by applicant to protect
fish, wildlife and botanical resources; and
[[Page 105]]
(iv) The following materials and information regarding any
mitigation measures or facilities, identified under clause (iii),
proposed for implementation or construction:
(A) Functional design drawings;
(B) A description of proposed operation and maintenance procedures
for any proposed measures or facilities;
(C) An implementation, construction and operation schedule for any
proposed measures or facilities;
(D) An estimate of the costs of construction, operation, and
maintenance of any proposed facilities or implementation of any
measures;
(E) A statement of the sources and amount of financing for
mitigation measures or facilities; and
(F) A map or drawing showing, by the use of shading, crosshatching
or other symbols, the identity and location of any proposed measures or
facilities.
(4) Report on historic and archaeological resources. The applicant
must provide a report that discusses any historical and archaeological
resources in the proposed project area, the impact of the proposed
project on those resources and the avoidance, mitigation, and protection
measures proposed by the applicant. The report must be prepared in
consultation with the State Historic Preservation Officer (SHPO) and the
National Park Service of the U.S. Department of Interior. The report
must contain:
(i) A description of any discovery measures, such as surveys,
inventories, and limited subsurface testing work, recommended by the
specified state and Federal agencies for the purpose of locating,
identifying, and assessing the significance of historic and
archaeological resources that would be affected by construction and
operation of the proposed project, together with a statement of the
applicant's position regarding the acceptability of the recommendations;
(ii) The results of surveys, inventories, and subsurface testing
work recommended by the state and Federal agencies listed above,
together with an explanation by the applicant of any variations from the
survey, inventory, or testing procedures recommended;
(iii) An identification (without providing specific site or property
locations) of any historic or archaeological site in the proposed
project area, with particular emphasis on sites or properties either
listed in, or recommended by the SHPO for inclusion in, the National
Register of Historic Places that would be affected by the construction
of the proposed project;
(iv) A description of the likely direct and indirect impacts of
proposed project construction or operation on sites or properties either
listed in, or recommended as eligible for, the National Register of
Historic Places;
(v) A management plan for the avoidance of, or mitigation of,
impacts on historic or archaeological sites and resources based upon the
recommendations of the state and Federal agencies listed above and
containing the applicant's explanation of variations from those
recommendations; and
(vi) The following materials and information regarding the
mitigation measures described under paragraph (f)(4)(v) of this section:
(A) A schedule for implementing the mitigation proposals;
(B) An estimate of the cost of the measures; and
(C) A statement of the sources and extent of financing.
(vii) The applicant must provide five copies (rather than the
fourteen copies required under Sec. 4.32(b)(1) of the Commission's
regulations) of any survey, inventory, or subsurface testing reports
containing specific site and property information, and including maps
and photographs showing the location and any required alteration of
historic and archaeological resources in relation to proposed project
facilities.
(5) Report on socio-economic impacts. The applicant must provide a
report which identifies and quantifies the impacts of constructing and
operating the proposed project on employment, population, housing,
personal income, local governmental services, local tax revenues and
other factors within the towns and counties in the vicinity of the
proposed project. The report must include:
(i) A description of the socio-economic impact area;
(ii) A description of employment, population and personal income
trends in the impact area;
[[Page 106]]
(iii) An evaluation of the impact of any substantial in-migration of
people on the impact area's governmental facilities and services, such
as police, fire, health and educational facilities and programs;
(iv) On-site manpower requirements and payroll during and after
project construction, including a projection of total on-site employment
and construction payroll provided by month;
(v) Numbers of project construction personnel who:
(A) Currently reside within the impact area;
(B) Would commute daily to the construction site from places
situated outside the impact area; and
(C) Would relocate on a temporary basis within the impact area;
(vi) A determination of whether the existing supply of available
housing within the impact area is sufficient to meet the needs of the
additional population;
(vii) Numbers and types of residences and business establishments
that would be displaced by the proposed project, procedures to be
utilized to acquire these properties, and types and amounts of
relocation assistance payments that would be paid to the affected
property owners and businesses; and
(viii) A fiscal impact analysis evaluating the incremental local
government expenditures in relation to the incremental local government
revenues that would result from the construction of the proposed
project. Incremental expenditures may include, but are not be limited
to, school operating costs, road maintenance and repair, public safety,
and public utility costs.
(6) Report on geological and soil resources. The applicant must
provide a report on the geological and soil resources in the proposed
project area and other lands that would be directly or indirectly
affected by the proposed action and the impacts of the proposed project
on those resources. The information required may be supplemented with
maps showing the location and description of conditions. The report must
contain:
(i) A detailed description of geological features, including bedrock
lithology, stratigraphy, structural features, glacial features,
unconsolidated deposits, and mineral resources;
(ii) A detailed description of the soils, including the types,
occurrence, physical and chemical characteristics, erodability and
potential for mass soil movement;
(iii) A description showing the location of existing and potential
geological and soil hazards and problems, including earthquakes, faults,
seepage, subsidence, solution cavities, active and abandoned mines,
erosion, and mass soil movement, and an identification of any large
landslides or potentially unstable soil masses which could be aggravated
by reservior fluctuation;
(iv) A description of the anticipated erosion, mass soil movement
and other impacts on the geological and soil resources due to
construction and operation of the proposed project; and
(v) A description of any proposed measures of facilities for the
mitigtion of impacts on soils.
(7) Report on recreational resources. The applicant must prepare a
report containing a proposed recreation plan describing utilization,
design and development of project recreational facilities, and public
access to the project area. Development of the plan should include
consideration of the needs of the physically handicapped. Public and
private recreational facilities provided by others that would abut the
project should be noted in the report. The report must be prepared in
consultation with appropriate local, regional, state and Federal
recreation agencies and planning commissions, the National Park Service
of the U.S. Department of the Interior, and any other state or Federal
agency with managerial responsibility for any part of the project lands.
The report must contain:
(i) A description of any areas within or in the vicinity of the
proposed project boundary that are included in, or have been designated
for study for inclusion in:
(A) The National Wild and Scenic Rivers Systems (see 16 U.S.C.
1271);
(B) The National Trails System (see 16 U.S.C. 1241); or
(C) A wilderness area designated under the Wilderness Act (see 16
U.S.C. 1132);
[[Page 107]]
(ii) A detailed description of existing recreational facilities
within the project vicinity, and the public recreational facilities
which are to be provided by the applicant at its sole cost or in
cooperation with others no later than 3 years from the date of first
commercial opertion of the proposed project and those recreation
facilities planned for future development based on anticipated demand.
When public recreation facilities are to be provided by other entities,
the applicant and those entities should enter into an agreement on the
type of facilities to be provided and the method of operation. Copies of
agreements with cooperating entities are to be appended to the plan;
(iii) A provision for a shoreline buffer zone that must be within
the project boundary, above the normal maximum surface elevation of the
project reservoir, and of sufficient width to allow public access to
project lands and waters and to protect the scenic, public recreational,
cultural, and other environmental values of the reseroir shoreline;
(iv) Estimates of existing and future recreational use at the
project, in daytime and overnight visitation (recreation days), with a
description of the methodology used in developing these data;
(v) A development schedule and cost estimates of the construction,
operation, and maintenance of existing, initial, and future public
recreational facilities, including a statement of the source and extent
of financing for such facilities;
(vi) A description of any measures or facilities recommended by the
agencies consulted for the purpose of creating, preserving, or enhancing
recreational opportunities at the proposed project, and for the purpose
of ensuring the safety of the public in its use of project lands and
waters, including an explanation of why the applicant has rejected any
measures or facilities recommended by an agency; and
(vii) A drawing or drawings, one of which describes the entire
project area, clearly showing:
(A) The location of project lands, and the types and number of
existing recreational facilities and those proposed for initial
development, including access roads and trails, and facilities for
camping, picnicking, swimming, boat docking and launching, fishing and
hunting, as well as provisions for sanitation and waste disposal;
(B) The location of project lands, and the type and number of
recreational facilities planned for future development;
(C) The location of all project lands reserved for recreational uses
other than those included in paragraphs (f)(7)(vii) (A) and (B) of this
section; and
(D) The project boundary (excluding surveying details) of all areas
designated for recreational development, sufficiently referenced to the
appropriate Exhibit G drawings to show that all lands reserved for
existing and future public recreational development and the shoreline
buffer zone are included within the project boundary. Recreational
cottages, mobile homes and year-round residences for private use are not
to be considered as public recreational facilities, and the lands on
which these private facilities are to be developed are not to be
included within the proposed project boundary.
(8) Report on aesthetic resources. The applicant must provide a
report that describes the aesthetic resources of the proposed project
area, the expected impacts of the project on these resources, and the
mitigation, enhancement or protection measures proposed. The report must
be prepared following consultation with Federal, state, and local
agencies having managerial responsibility for any part of the proposed
project lands or lands abutting those lands. The report must contain:
(i) A description of the aesthetic character of lands and waters
directly and indirectly affected by the proposed project facilities;
(ii) A description of the anticipated impacts on aesthetic resources
from construction activity and related equipment and material, and the
subsequent presence of proposed project facilities in the landscape;
[[Page 108]]
(iii) A description of mitigative measures proposed by the
applicant, including architectural design, landscaping, and other
reasonable treatment to be given project works to preserve and enhance
aesthetic and related resources during construction and operation of
proposed project facilities; and
(iv) Maps, drawings and photographs sufficient to provide an
understanding of the information required under this paragraph. Maps or
drawings may be consolidated with other maps or drawings required in
this exhibit and must conform to the specifications of Sec. 4.39.
(9) Report on land use. The applicant must provide a report that
describes the existing uses of the proposed project lands and adjacent
property, and those land uses which would occur if the project is
constructed. The report may reference the discussions of land uses in
other sections of this exhibit. The report must be prepared following
consultation with local and state zoning or land management authorities,
and any Federal or state agency with managerial responsibility for the
proposed project or abutting lands. The report must include:
(i) A description of existing land use in the proposed project area,
including identification of wetlands, floodlands, prime or unique
farmland as designated by the Natural Resources Conservation Service of
the U.S. Department of Agriculture, the Special Area Management Plan of
the Office of Coastal Zone Management, National Oceanic and Atmospheric
Administration, and lands owned or subject to control by government
agencies;
(ii) A description of the proposed land uses within and abutting the
project boundary that would occur as a result of development and
operation of the project; and
(iii) Aerial photographs, maps, drawings or other graphics
sufficient to show the location, extent and nature of the land uses
referred to in this section.
(10) Alternative locations, designs, and energy sources. The
applicant must provide an environment assessment of the following:
(i) Alternative sites considered in arriving at the selection of the
proposed project site;
(ii) Alternative facility designs, processes, and operations that
were considered and the reasons for their rejection;
(iii) Alternative electrical energy sources, such as gas, oil, coal,
and nuclear-fueled power plants, purchased power or diversity exchange,
and other conventional and pumped-storage hydroelectric plants; and
(iv) The overall consequences if the license application is denied.
(11) List of literature. Exhibit E must include a list of all
publications, reports, and other literature which were cited or
otherwise utilized in the preparation of any part of the environmental
report.
(g) Exhibit F consists of general design drawings of the principal
project works described under paragraph (b) of this section (Exhibit A)
and supporting information used as the basis of design. If the Exhibit F
submitted with the application is preliminary in nature, applicant must
so state in the application. The drawings must conform to the
specifications of Sec. 4.39.
(1) The drawings must show all major project structures in
sufficient detail to provide a full understanding of the project,
including:
(i) Plans (overhead view);
(ii) Elevations (front view);
(iii) Profiles (side view); and
(iv) Sections.
(2) The applicant may submit preliminary design drawings with the
application. The final Exhibit F may be submitted during or after the
licensing process and must show the precise plans and specifications for
proposed structures. If the project is licensed on the basis of
preliminary designs, the applicant must submit a final Exhibit F for
Commission approval prior to commencement of any construction of the
project.
(3) Supporting design report. The applicant must furnish, at a
minimum, the following supporting information to demonstrate that
existing and proposed structures are safe and adequate to fulfill their
stated functions and
[[Page 109]]
must submit such information in a separate report at the time the
application is filed. The report must include:
(i) An assessment of the suitability of the site and the reservoir
rim stability based on geological and subsurface investigations,
including investigations of soils and rock borings and tests for the
evaluation of all foundations and construction materials sufficient to
determine the location and type of dam structure suitable for the site;
(ii) Copies of boring logs, geology reports and laboratory test
reports;
(iii) An identification of all borrow areas and quarry sites and an
estimate of required quantities of suitable construction material;
(iv) Stability and stress analyses for all major structures and
critical abutment slopes under all probable loading conditions,
including seismic and hydrostatic forces induced by water loads up to
the Probable Maximum Flood as appropriate; and
(v) The bases for determination of seismic loading and the Spillway
Design Flood in sufficient detail to permit independent staff
evaluation.
(4) The applicant must submit two copies of the supporting design
report described in paragraph (g)(3) of this section at the time
preliminary and final design drawings are submitted to the Commission
for review. If the report contains preliminary drawings, it must be
designated a ``Preliminary Supporting Design Report.''
(h) Exhibit G is a map of the project that must conform to the
specifications of Sec. 4.39. In addition, to the other components of
Exhibit G, the Applicant must provide the project boundary data in a
geo-referenced electronic format--such as ArcView shape files, GeoMedia
files, MapInfo files, or any similar format. The electronic boundary
data must be positionally accurate to 40 feet, in
order to comply with the National Map Accuracy Standards for maps at a
1:24,000 scale (the scale of USGS quadrangle maps). The electronic
exhibit G data must include a text file describing the map projection
used (i.e., UTM, State Plane, Decimal Degrees, etc.), the map datum
(i.e., feet, meters, miles, etc.). Three sets of the maps must be
submitted on compact disk or other appropriate electronic media. If more
than one sheet is used for the paper maps, the sheets must be numbered
consecutively, and each sheet must bear a small insert sketch showing
the entire project and indicate that portion of the project depicted on
that sheet. Each sheet must contain a minimum of three known reference
points. The latitude and longitude coordinates, or state plane
coordinates, of each reference point must be shown. If at any time after
the application is filed there is any change in the project boundary,
the applicant must submit, within 90 days following the completion of
project construction, a final exhibit G showing the extent of such
changes. The map must show:
(1) Location of the project and principal features. The map must
show the location of the project as a whole with reference to the
affected stream or other body of water and, if possible, to a nearby
town or any other permanent monuments or objects, such as roads,
transmission lines or other structures, that can be noted on the map and
recognized in the field. The map must also show the relative locations
and physical interrelationships of the principal project works and other
features described under paragraph (b) of this section (Exhibit A).
(2) Project boundary. The map must show a project boundary enclosing
all project works and other features described under paragraph (b) of
this section (Exhibit A) that are to be licensed. If accurate survey
information is not available at the time the application is filed, the
applicant must so state, and a tentative boundary may be submitted. The
boundary must enclose only those lands necessary for operation and
maintenance of the project and for other project purposes, such as
recreation, shoreline control, or protection of environmental resources
(see paragraph (f) of this section (Exhibit E)). Existing residential,
commercial, or other structures may be included within the boundary only
to the extent that underlying lands are needed for project purposes
(e.g., for flowage, public recreation, shoreline control, or protection
of environmental resources). If the boundary is on land covered by a
public survey, ties must be shown on the map at sufficient
[[Page 110]]
points to permit accurate platting of the position of the boundary
relative to the lines of the public land survey. If the lands are not
covered by a public land survey, the best available legal description of
the position of the boundary must be provided, including distances and
directions from fixed monuments or physical features. The boundary must
be described as follows:
(i) Impoundments. (A) The boundary around a project impoundment must
be described by one of the following:
(1) Contour lines, including the contour elevation (preferred
method);
(2) Specified courses and distances (metes and bounds);
(3) If the project lands are covered by a public land survey, lines
upon or parallel to the lines of the survey; or
(4) Any combination of the above methods.
(B) The boundary must be located no more than 200 feet (horizontal
measurement) from the exterior margin of the reservoir, defined by the
normal maximum surface elevation, except where deviations may be
necessary in describing the boundary according to the above methods or
where additional lands are necessary for project purposes, such as
public recreation, shoreline control, or protection of environmental
resources.
(ii) Continuous features. The boundary around linear (continuous)
project features such as access roads, transmission lines, and conduits
may be described by specified distances from center lines or offset
lines of survey. The width of such corridors must not exceed 200 feet
unless good cause is shown for a greater width. Several sections of a
continuous feature may be shown on a single sheet with information
showing the sequence of contiguous sections.
(iii) Noncontinuous features. (A) The boundary around noncontinuous
project works such as dams, spillways, and powerhouses must be described
by one of the following:
(1) Contour lines;
(2) Specified courses and distances;
(3) If the project lands are covered by a public land survey, lines
upon or parallel to the lines of the survey; or
(4) Any combination of the above methods.
(B) The boundary must enclose only those lands that are necessary
for safe and efficient operation and maintenance of the project or for
other specified project purposes, such as public recreation or
protection of environmental resources.
(3) Federal lands. Any public lands and reservations of the United
States (Federal lands) [see 16 U.S.C. 796 (1) and (2)] that are within
the project boundary, such as lands administered by the U.S. Forest
Service, Bureau of Land Management, or National Park Service, or Indian
tribal lands, and the boundaries of those Federal lands, must be
identified as such on the map by:
(i) Legal subdivisions of a public land survey of the affected area
(a protraction of identified township and section lines is sufficient
for this purpose); and
(ii) The Federal agency, identified by symbol or legend, that
maintains or manages each identified subdivision of the public land
survey within the project boundary; or
(iii) In the absence of a public land survey, the location of the
Federal lands according to the distances and directions from fixed
monuments or physical features. When a Federal survey monument or a
Federal bench mark will be destroyed or rendered unusable by the
construction of project works, at least two permanent, marked witness
monuments or bench marks must be established at accessible points. The
maps show the location (and elevation, for bench marks) of the survey
monument or bench mark which will be destroyed or rendered unusable, as
well as of the witness monuments or bench marks. Connecting courses and
distances from the witness monuments or bench marks to the original must
also be shown.
(iv) The project location must include the most current information
pertaining to affected Federal lands as described under Sec.
4.81(b)(5).
(4) Non-Federal lands. For those lands within the project boundary
not identified under paragraph (h)(3) of this section, the map must
identify by legal subdivision:
(i) Lands owned in fee by the applicant and lands that the applicant
plans to acquire in fee; and
[[Page 111]]
(ii) Lands over which the applicant has acquired or plans to acquire
rights to occupancy and use other than fee title, including rights
acquired or to be acquired by easement or lease.
[Order 184, 46 FR 55936, Nov. 13, 1981; 48 FR 4459, Feb. 1, 1983, as
amended by Order 413, 50 FR 11684, Mar. 25, 1985; Order 464, 52 FR 5449,
Feb. 23, 1987; Order 540, 57 FR 21737, May 22, 1992; Order 2002, 68 FR
51119, Aug. 25, 2003; 68 FR 61742, Oct. 30, 2003; 68 FR 63194, Nov. 7,
2003; 68 FR 69957, Dec. 16, 2003]