[Federal Register Volume 89, Number 183 (Friday, September 20, 2024)]
[Notices]
[Pages 77134-77136]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-21484]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 2569-169]


Erie Boulevard Hydropower, L.P.; Notice of Application Tendered 
for Filing With the Commission and Establishing Procedural Schedule for 
Licensing and Deadline for Submission of Final Amendments

    Take notice that the following hydroelectric application has been 
filed with the Commission and is available for public inspection.
    a. Type of Application: New Major License.
    b. Project No.: 2569-169.
    c. Date Filed: August 30, 2024.
    d. Applicant: Erie Boulevard Hydropower, L.P. (Erie).
    e. Name of Project: Black River Hydroelectric Project (project).
    f. Location: On the Black River in Jefferson County, New York.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791(a)-825(r).
    h. Applicant Contact: Mr. Steven P. Murphy, Director--U.S. 
Licensing, Brookfield Renewable, 33 West 1st Street South, Fulton, NY 
13069; telephone at (315) 598-6130; email at 
<a href="/cdn-cgi/l/email-protection#17446372677f7279395a6265677f6e57756578787c717e727b73657279726076757b723974787a"><span class="__cf_email__" data-cfemail="62311607120a070c4c2f1710120a1b2200100d0d09040b070e0610070c071503000e074c010d0f">[email protected]</span></a>.
    i. FERC Contact: Nicholas Ettema, Project Coordinator, Great Lakes 
Branch, Division of Hydropower Licensing; telephone at (312) 596-4447; 
email at <a href="/cdn-cgi/l/email-protection#147a7d777c7b7875673a71606071797554727166773a737b62"><span class="__cf_email__" data-cfemail="b8d6d1dbd0d7d4d9cb96ddccccddd5d9f8deddcadb96dfd7ce">[email protected]</span></a>.
    j. The application is not ready for environmental analysis at this 
time.
    k. Project Description: The project consists of the following five 
developments from upstream to downstream: the 5.0625-megawatt (MW) 
Herrings Development, the 10.8-MW Deferiet Development, the 5.4-MW 
Kamargo Development, the 6-MW Black River Development, and the 1.875-MW 
Sewalls Development.

Project Facilities

Herrings Development

    The Herrings Development consists of a concrete dam (Herrings Dam) 
that includes the following sections: (1) a 536-foot-long section that 
includes a 512-foot-long ogee spillway with 1-foot-high flashboards 
that have a crest elevation of 680.1 feet North American Vertical Datum 
of 1988 (NAVD 88) and a 9-foot-long stoplog gate; and (2) a 137-foot-
long, 33-foot-wide powerhouse that includes: (a) a 110-foot-long intake 
structure with nine sluice gates, a skimmer equipped with a stoplog 
gate, and a trashrack with 2-inch clear bar spacing; and (b) three 
1.6875-MW vertical propeller turbine-generators, for a total installed 
capacity of 5.0625-MW. The dam creates an impoundment that has a 
surface area of 140 acres at 680.1 feet NAVD 88. From the impoundment, 
water flows through the powerhouse to an approximately 110-foot-long 
tailrace.
    The project recreation facilities include: (1) a hand-carry boat 
access site on the north shoreline of the impoundment, approximately 
300 feet upstream of the dam, including a picnic area and parking area; 
(2) an 800-foot-long portage trail that extends from the hand-carry 
boat access area to a put-in site on the north shoreline of the Black 
River, 140 feet downstream of the powerhouse; (3) a fishing access area 
on the north shoreline of the impoundment, approximately 100 feet 
upstream of the dam; and (4) a fishing access area on the north 
shoreline of the Black River, which is co-located with the boat put-in 
site downstream of the powerhouse.
    The generators are connected to the regional electric grid by two 
100-foot-long, 2.3-kilovolt (kV) overhead generator lead lines and a 
2.3/23-kV step-up transformer. The minimum and maximum hydraulic 
capacities of the powerhouse are 220 and 3,435 cfs, respectively. The 
average annual energy production of the development from 2010 through 
2020, was 55,708 megawatt-hours (MWh).

Deferiet Development

    The Deferiet Development consists of a concrete dam (Deferiet Dam) 
that includes the following sections: (1) a 503.9-foot-long spillway 
with a 3-foot-high inflatable rubber crest gate with a maximum crest 
elevation of 659.53 feet NAVD 88; (2) a 192-foot-long section with 
eleven 14-foot-long stoplog gates; (3) a 52.3-foot-long non-overflow 
section; and (4) a headgate structure with ten sluice gates. The dam 
creates an impoundment that has a surface area of 70 acres at 659.53 
feet NAVD 88.
    From the impoundment, water flows through the headgate structure to 
a 4,200-foot-long power canal. From the power canal, water enters a 
145.4-foot-long, 92.5-foot-wide powerhouse that includes: (1) a 107.8-
foot-long intake structure that includes three sluice gates and a 
trashrack with 2-inch clear bar spacing; and (2) three 3.6-MW vertical 
Francis turbine-generators, for a total installed capacity of 10.8 MW. 
Water is discharged from the powerhouse to an approximately 1,400-foot-
long tailrace. The development creates an approximately 1.73-mile-long 
bypassed reach of the Black River.
    The development also includes a stoplog gate adjacent to the intake 
structure that conveys water to an ice chute that discharges downstream 
of the powerhouse.
    The project recreation facilities include: (1) a hand-carry boat 
access site and parking area immediately east of the headgate 
structure; (2) a hand-carry boat portage route with a take-out site at 
the hand-carry boat access site, a 960-foot-long portage trail, and a 
put-in site on the north shoreline of the Black River, approximately 
200 feet downstream of the dam; (3) a boat access site and parking area 
on the shoreline of an island, at the confluence of the tailrace and 
bypassed reach; (4) a hand-carry boat access site on the south 
shoreline of the impoundment, approximately 0.5 mile upstream of the 
dam, that includes a 170-foot-long access path and parking area; and 
(5) a 0.68-mile-long hiking trail that follows the northern shoreline 
of the Black River downstream of the dam.
    The generators are connected to the regional electric grid by three 
65-foot-long, 2.3-kV overhead generator lead

[[Page 77135]]

lines and a 2.3/23-kV step-up transformer. The minimum and maximum 
hydraulic capacities of the powerhouse are 85 and 571 cfs, 
respectively. The average annual energy production of the development 
from 2010 through 2020, was 32,298 MWh.

Kamargo Development

    The Kamargo Development consists of a concrete dam (Kamargo Dam) 
that includes the following sections: (1) a 188-foot-long headgate 
structure that includes a 131.7-foot-long section with fourteen 8-foot-
long sluice gates; (2) a 168-foot-long non-overflow section; and (3) a 
718-foot-long section that includes a 647-foot-long ogee spillway with 
2-foot-high flashboards that have a crest elevation of 565.48 feet NAVD 
88 and a 5.7-foot-long notch. The dam creates an impoundment that has a 
surface area of 40 acres at 565.48 feet NAVD 88.
    From the impoundment, water flows through the headgate structure to 
a 3,850-foot-long power canal with an approximately 700-foot-long 
section that includes: (1) a bulkhead with flashboards that have a 
crest elevation of 565.48 feet NAVD 88; (2) a 190-foot-long section 
with a crest elevation of 566.68 NAVD 88 (3) a 230-foot-long section 
with 1-foot-high flashboards that have a crest elevation of 565.48 feet 
NAVD 88; and (4) a 160.8-foot-long ogee spillway with twelve stoplog 
gates. From the power canal, water enters a 97.5-foot-long, 37-foot-
wide powerhouse that includes: (1) a 66-foot-long intake structure with 
nine sluice gates and a trashrack with 2-inch clear bar spacing; and 
(2) three 1.8-MW vertical Francis turbine-generators, for a total 
installed capacity of 5.4 MW. Water is discharged from the powerhouse 
to an approximately 385-foot-long tailrace. The development creates an 
approximately 0.69-mile-long bypassed reach of the Black River.
    The project includes the Poors Island Recreation Area that includes 
two portage trails, fishing access areas, a picnic area, a bicycle 
rack, a hiking trail, and parking area.
    The generators are connected to the regional electric grid by four 
25-foot-long, 2.3-kV underground generator lead lines and a 2.3/23-kV 
step-up transformer. The minimum and maximum hydraulic capacities of 
the powerhouse are 450 and 3,300 cfs, respectively. The average annual 
energy production of the development from 2010 through 2020, was 21,512 
MWh.

Black River Development

    The Black River Development consists of a dam (Black River Dam) 
that includes the following sections: (1) a 30-foot-long retaining 
wall; (2) a 36.5-foot-long non-overflow section with two sluice gates; 
(3) a 296-foot-long section that includes a 291-foot-long ogee spillway 
with 2-foot-high flashboards that have a crest elevation of 535.68 feet 
NAVD 88, a notch and a 5-foot-long stoplog gate; and (4) a 99.6-foot-
long headgate structure that includes a 79.6-foot-long section with 
twelve sluice gates. The dam creates an impoundment that has a surface 
area of 25 acres at 535.68 feet NAVD 88.
    From the impoundment, water flows through the headgate structure to 
a 2,250-foot-long power canal that includes: (1) a 250-foot-long waste 
weir with a crest elevation of 537.68 NAVD 88; and (2) a 134-foot-long 
waste weir with 2-foot-high flashboards and a low-level outlet gate. 
From the power canal, water enters a 117.8-foot-long, 66.3-foot-wide 
powerhouse that includes: (1) an 81.8-foot-long intake structure that 
includes nine sluice gates, a skimmer equipped with two sluice gates, 
and a trashrack with 2-inch clear bar spacing; (2) three 2-MW vertical 
Francis turbine-generators, for a total installed capacity of 6 MW. 
Water is discharged from the powerhouse to an approximately 100-foot-
long tailrace. The development creates an approximately 0.6-mile-long 
bypassed reach of the Black River.
    The project recreation facilities include: (1) a parking area, 
picnic area, and fishing platform, referred to as the ``Stone Drive 
Recreation Area,'' located on the north shoreline of the impoundment, 
approximately 110 feet upstream of the dam; (2) a hand-carry boat 
portage route with an impoundment take-out site at the Stone Drive 
Recreation Area, a 0.3-mile-long portage trail, and a put-in site on 
the east shoreline of the Black River, approximately 550 feet 
downstream of the dam; and (3) a picnic and parking area located 
approximately 500 feet southeast of the dam.
    The generators are connected to the regional electric grid by two 
95-foot-long, 2.3-kV underground generator lead lines and a 2.3/23-kV 
step-up transformer. The minimum and maximum hydraulic capacities of 
the powerhouse are 220 and 3,210 cfs, respectively. The average annual 
energy production of the development from 2010 through 2020, was 32,692 
MWh.

Sewalls Development

    The Sewalls Development consists of a concrete dam (Sewalls Dam) 
that includes the following sections: (1) a south dam section that 
includes: (a) a 243-foot-long ogee spillway with a crest elevation of 
463.73 feet NAVD 88; (b) an 18-foot-long section with two 7.5-foot-long 
stoplog gates; and (c) a 47.5-foot-long headgate structure two 15-foot-
long sluice gates; and (2) a north dam section that includes a 95.9-
foot-long spillway with a crest elevation of 463.73 feet NAVD 88 and a 
3.61-foot-long notch. The dam creates an impoundment that has a surface 
area of 4 acres at 463.73 feet NAVD 88.
    From the impoundment, water flows through the sluice gates of the 
headgate structure to a 400-foot-long power canal that includes 2-foot-
high flashboards along its entire length, a sluice gate, and a low-
level outlet gate. From the power canal, water enters a 81-foot-long, 
32-foot-wide powerhouse that includes: (1) a 69-foot-long intake 
structure with four sluice gates and a trashrack with 2-inch clear bar 
spacing; and (2) two 0.9375-MW vertical propeller turbine-generators, 
for a total installed capacity of 1.875 MW. Water is discharged from 
the powerhouse to an approximately 129-foot-long tailrace. The 
development creates an approximately 400-foot-long bypassed reach of 
the Black River downstream of the south dam (south channel bypassed 
reach); and an approximately 528-foot-long bypassed reach downstream of 
the north dam (north channel bypassed reach).
    The project recreation facilities include: (1) a parking area and 
scenic overlook on the south shoreline of the impoundment, immediately 
upstream of the spillway; and (2) a hand-carry boat portage route that 
includes a portage trail with an impoundment take-out site on the south 
shoreline of the impoundment, approximately 50 feet upstream of the 
spillway.
    The generators are connected to the regional electric grid by two 
50-foot-long, 2.3-kV underground generator lead lines and a 2.3/23-kV 
step-up transformer. The minimum and maximum hydraulic capacities of 
the powerhouse are 450 and 1,800 cfs, respectively. The average annual 
energy production of the development from 2010 through 2020, was 11,394 
MWh.

Project Operation

    Article 401 of the current license requires Erie to maintain the 
surface elevation of each impoundment at no lower than 0.5 foot below 
either the crest elevation of the dam or the crest of the flashboards, 
when in place. During the period of May 1 through September 30, when 
inflow is between 1,400 and 1,900 cfs, Article 402 requires Erie to 
maintain the surface elevation of the impoundment at the Herrings 
Development no lower than 0.2 foot below either the crest elevation of 
the dam or the crest of the flashboards when in place, to the extent 
possible. Article

[[Page 77136]]

402 also requires Erie to operate the Sewalls Development in a run-of-
river mode from May 1 through September 30, when inflow is below 2,000 
cfs, such that outflow approximates inflow to the impoundment at any 
given point in time. Article 404 requires a minimum flow of 1,000 cfs 
or inflow, whichever is less, downstream of each development.
    Article 403 requires Erie to install flashboards at each 
development by May 1 or as soon thereafter as safely possible, and 
remove the flashboards in the fall prior to ice conditions. Article 410 
requires Erie to install trashrack overlays with 1-inch clear bar 
spacing at the top half portion of the trashracks of each development, 
except the Sewalls Development, from May 1 through October 1.
    To protect aquatic habitat in the bypassed reaches and provide 
downstream fish passage, Article 405 requires Erie to release the 
following minimum flows: (1) for the Herrings Development, 20 cfs 
through the 9-foot-long stoplog gate adjacent to the trashracks; (2) 
for the Deferiet Development: (a) 45 cfs through the ice chute; and (b) 
the following flows from the spillway and leakage at the dam: 800 cfs 
during walleye spawning season and 245 cfs for the remainder of the 
year; (3) for the Kamargo Development, 120 cfs through the notch in the 
spillway; (4) for the Black River Development: (a) 80 cfs through the 
notch in the flashboards; and (b) 300 cfs from the notch and stoplog 
gate during walleye spawning season; and (5) for the Sewalls 
Development: (a) 137 cfs of leakage ``or other mechanisms'' to the 
south channel bypassed reach; and (b) 32 cfs to the north channel 
bypassed reach that includes 20 cfs through the notch in the spillway 
and 12 cfs of leakage ``or other mechanisms.''
    The current license also requires the implementation of a Flow 
Monitoring Plan to ensure compliance with the project flow requirements 
and a Record Keeping Plan to maintain records of the impoundment 
elevations and discharges at each of the five developments, in 
compliance with Articles 408 and 409.
    Article 413 requires the implementation of a Recreation Plan that 
requires operation and maintenance of the project recreation 
facilities. Article 416 requires the implementation of a Cultural 
Resources Management Plan to protect historic properties. Article 415 
requires Erie to maintain the existing woodland buffer areas along the 
five developments' shorelines and provide buffers along the access road 
and parking area at the Deferiet Development.
    Erie is not proposing to add any new project facilities. However, 
Erie proposes to revise the project boundary around the impoundments to 
follow the normal maximum impoundment elevations and add/remove land 
that is occupied by or adjacent to project facilities, which would 
result in a net decrease of land and water in the project boundary from 
773 acres under the current license to 763.7 acres under the proposed 
license.
    Erie proposes to continue operating the project as required under 
the current license. Erie proposes to update the Recreation Plan and 
Streamflow and Headpond Monitoring Plan. In addition, Erie proposes to 
develop a minimum flow fish conveyance plan and a historic properties 
management plan. Erie also proposes to: (1) develop the trail to the 
impoundment fishing access area at the Herrings Development; (2) 
enhance the staircase at the hand-carry boat put-in site at the 
Deferiet Development, to improve access for whitewater boaters; and (3) 
notify the public, via an online platform, of bypassed reach flows and 
safety information for the Deferiet Development.
    l. In addition to publishing the full text of this notice in the 
Federal Register, the Commission provides all interested persons an 
opportunity to view and/or print the contents of this notice, as well 
as other documents in the proceeding (e.g., license application) via 
the internet through the Commission's Home Page (http://www.ferc.gov) 
using the ``eLibrary'' link. Enter the docket number excluding the last 
three digits in the docket number field to access the document (P-
2569). For assistance, contact FERC at <a href="/cdn-cgi/l/email-protection#175152455458797b7e797244626767786563577172657439707861"><span class="__cf_email__" data-cfemail="571112051418393b3e393204222727382523173132253479303821">[email protected]</span></a>, 
(866) 208-3676 (toll free), or (202) 502-8659 (TTY).
    You may also register online at https://ferconline.ferc.gov/FERCOnline.aspx to be notified via email of new filings and issuances 
related to this or other pending projects. For assistance, contact FERC 
Online Support.
    m. The Commission's Office of Public Participation (OPP) supports 
meaningful public engagement and participation in Commission 
proceedings. OPP can help members of the public, including landowners, 
environmental justice communities, Tribal members and others, access 
publicly available information and navigate Commission processes. For 
public inquiries and assistance with making filings such as 
interventions, comments, or requests for rehearing, the public is 
encouraged to contact OPP at (202) 502-6595 or <a href="/cdn-cgi/l/email-protection#f4bba4a4b492918697da939b82"><span class="__cf_email__" data-cfemail="79362929391f1c0b1a571e160f">[email protected]</span></a>.
    n. Procedural Schedule: The application will be processed according 
to the following preliminary schedule. Revisions to the schedule will 
be made as appropriate.

Deficiency Letter and Additional Information Request--September 2024
Notice of Acceptance--February 2025

    o. Final amendments to the application must be filed with the 
Commission no later than 30 days from the issuance date of the notice 
of ready for environmental analysis.

    Dated: September 13, 2024.
Debbie-Anne A. Reese,
Acting Secretary.
[FR Doc. 2024-21484 Filed 9-19-24; 8:45 am]
BILLING CODE 6717-01-P


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