APPENDIX
A
to the
CULTURAL RESOURCES MANAGEMENT PLAN
for the
KINGSLEY DAM PROJECT
(FERC PROJECT NO. 1417)
PROJECT ACTIVITIES REQUIRING CONSULTATION WITH STATE HISTORIC PRESERVATION
OFFICE
This appendix is a supplement to CRMP section 9. Future Consultations,
particularly section 9.1 Conditions
and Activities for Future Consultation with SHPO.
A. Historic Buildings and Structures
Central will consult with SHPO if it plans the following activities
at the Jeffrey Lodge or any of the key structures and equipment
of the Central engineering facilities of the Central engineering
system which are listed below: demolition, removal, abandonment
(discontinued use without "mothballing"), or major alterations.
Structures for which consultation is required before major alterations
include:
(a)
Jeffrey Canyon Power Plant (building)
(b) Johnson Canyon Power Plant No. 1 (building)
(c) Johnson Canyon Power Plant No. 2 (building)
(d) Jeffrey Lodge (including the associated structures such as
the Jeffrey Lodge beacon)
(e) The south section of Central's Diversion Dam by North Platte
(f) The outlet structures at Kingsley Dam
(g) Key long-lived equipment and components (e.g., turbines, generators,
penstocks, gates).
For purposes of this appendix, major alteration
is defined as an activity that produces a significant change in
the interior or exterior appearance of the structure. Any replacement-not-in-kind
or modification of portions of the structures or equipment listed
above is considered a major alteration unless it is one of the activities
listed in Appendix B that do not require
consultation with SHPO. Some examples of major alterations are:
(a)
An addition to a building or structure listed above.
(b) Replacement of windows or doors at Jeffrey Lodge or one of
the powerhouses.
(c) An exterior wall treatment at Jeffrey Lodge or one of the
powerhouses, such as siding replacement, brick repointing, or
cleaning with high pressure or chemicals.
(d) Activities involving removal or breach and repair of interior
walls.
(e) Replacement of key long-lived equipment or components of the
engineering system.
(f) Replacement of major internal workings of key long-lived equipment
of the engineering system.
B.
Project Lands
Before
beginning ground disturbing activities at archaeological sites,
Central must consult with SHPO. Depending on the circumstances,
Central must also consult on some ground disturbing activities on
Project lands that are not known archaeological sites.
For
purposes of this appendix, ground disturbance (or
ground disturbing activity) includes digging, compacting,
or erosion of soil. Infrequent off-road use by light-weight vehicles
(3/4 ton pickup truck or smaller) is not considered to be ground
disturbance.
Central's
Personnel or Lessees are to notify Central's Cultural Resource Administrator
prior to performing any activity on Project land (including property
leased from Central) that involves ground disturbance.
(1)
Recorded Archaeological Sites that are Eligible for the National
Register
Central
must consult with SHPO before beginning ground disturbing activities
at the archaeological sites identified in Appendix
H and Appendix I as eligible for the
National Register or to be investigated further to determine eligibility,
even if the soil has been previously disturbed.
Central's
1991 Inventory Report (Appendix I) identifies three (3) recorded
archaeological sites that are eligible for the National Register,
and eight (8) more for which further investigation is planned. One
site planned for further investigation to determine eligibility
is at Jeffrey Reservoir (also known as Jeffrey Lake). All other
recorded sites in the 1991 Inventory Report are along the shoreline
of Lake McConaughy. In addition to these sites, there may be additional
sites that are eligible for the National Register after completing
Lake McConaughy's inventory. (The Kingsley Dam and its outlet structures,
and the Kingsley Hydro are not on archaeological sites eligible
for the National Register. Neither is the Outdoor Education and
Eagle Viewing Facility by Lake Ogallala). See the following sections
in the CRMP:
(a)
6.1 Archaeological Sites Eligible for the National Register
(b) 6.2 Archaeological Sites Not Eligible for the National Register
(c) 6.3 Archaeological Sites for Further Investigation to Determine
Eligibility for the National Register
(d) 6.4 Completion of the Archaeological Inventory Around the
Lake McConaughy Shoreline
(e) 6.5 Project Land Acquisitions After the 1991 Inventory Report
(f) Programmatic Agreement, Appendix A (Appendix
H to this document)
(g) 1991 Inventory Report (Appendix I)
(2)
Undisturbed Soil in Areas Not Determined Eligible for the National
Register
For
project lands other than those included in item (1) above, consultation
is required for activities that will cause major disturbance of
soils in previously undisturbed areas, unless the activities are
exempted in Appendix B. Consultation will
be required on such activities as:
(a)
New or significantly wider road (such as one lane to two lane).
(b) New or significantly larger parking lot, trail, or sidewalk.
(c) New or significantly bigger irrigation or drainage ditch.
(d) New or expanded building.
(e) Creating new crop land (plowing, etc.)
(f) First time grazing.
(g) New or significantly expanded structures, such as pipelines
or utilities (both above and below ground), road, boat dock, boat
ramp, fence, camping areas, or picnic shelter.
APPENDIX
B
to the
CULTURAL RESOURCES MANAGEMENT PLAN
for the
KINGSLEY DAM PROJECT
(FERC PROJECT NO. 1417)
PROJECT ACTIVITIES NOT REQUIRING CONSULTATION WITH SHPO
This
appendix is a supplement to CRMP section 10. Activities that
Do Not Require Consultation with SHPO.
A.
Historic Buildings and Structures
As
described in Appendix A, Central is required
to consult with SHPO if it demolishes, removes, abandons, replaces-not-in-kind
or makes a major alteration in the system components listed below:
(a)
Jeffrey Canyon Power Plant (building)
(b) Johnson Canyon Power Plant No. 1 (building)
(c) Johnson Canyon Power Plant No. 2 (building)
(d) Jeffrey Lodge (including the associated structures such as
the Jeffrey Lodge beacon)
(e) The south section of Central's Diversion Dam by North Platte
(f) The outlet structures at Kingsley Dam
(g) Key long-lived equipment and components (e.g., turbines, generators,
penstocks, gates).
Structures
and components not listed above may undergo demolition, removal,
replacement or major alterations without consultation, unless these
actions involve ground disturbing activities that would otherwise
require consultation. Such structures and components include but
are not limited to the north section of Central’s Diversion
Dam, the Kingsley Dam powerhouse, turn-outs, re-use pits, Lake Ogallala
eagle viewing facilities, boat ramps and other recreational access
facilities, and equipment and structures in the electrical switchyard.
Major
alteration is defined in Appendix A as
a replacement-not-in-kind or modification not listed in Appendix
B. The following replacement-not-in-kind or modifications of
portions of the structures or equipment listed above are not major
alterations and do not require consultation with SHPO:
1.
Repairs and maintenance of building systems (electrical,
heating, ventilation, plumbing, etc.) that can be made without removing
or breaching walls;
2.
Replacement-not-in-kind or upgrade of relatively
short-lived components and systems within a listed building or structure,
whether they sustain the building or contribute directly to the
building’s function within the engineering system. Generally
any equipment or component that is routinely upgraded or replaced
more frequently than every 30 years fits this exception, unless
it is necessary to remove or breach walls to complete the replacement
or upgrade.
3.
Installation of safety, ADA and environmental equipment
or modifications which do not require removal of portions
of interior walls or breaching of exterior walls. Exempt safety,
ADA and environmental activities include:
(a)
Installing or repairing safety items such as first aid kits, fire
extinguishers, signs/decals, flashlights, emergency lighting,
sprinkler system, fire alarm system, fire escapes/ladders, and
fire detectors (smoke, heat, or carbon monoxide).
(b)Installation
of items to comply with the Americans with Disabilities Act (ADA)
such as ramps, hand rails, doors/doorways, or bathroom modifications
(to the extent they can be done without breaching exterior walls
or removing interior walls).
4.
Interior Painting: Painting the interior of any
of the structures if previously painted
B.
Project Lands
For
undisturbed soil in areas not determined eligible for the National
Register, if Central or a lessee of Central’s land plans ground
disturbing activities as defined in Appendix
A, it must consult with SHPO unless the activity is listed below.
It should also be noted that infrequent off-road use by light weight
vehicles (3/4 ton pickup truck or smaller) is not considered to
be ground disturbance.
(1)
Dams and Dikes: Repair and maintenance of all dams and dikes.
(2)
Bridges, Culverts, and Low Water Crossings: Repair, replacement,
and maintenance of non-historic structures.
(3)
Roads and Trails: Spread graveling, install vehicle gates, and mow
on and within existing road and trail rights-of-way.
(4)
Fences: Construct new boundary or interior fences, including installation
of gates, and repair and maintenance of existing fences.
(5)
Public Use Facilities: Operate, replace, repair and maintain existing
blinds, parking lots, security lights, boat docks, boat ramps, drinking
water wells, toilets, and fishing jetties. Repairs may include gravel
placement, mowing, signing, and fencing.
(6)
Lake and Stream Improvements: Clear streams of fallen timber and
debris: maintenance and repair of wing dikes and deflectors, silting
basins, deep water areas, fish attractors, spawning sites, and aeration
systems. Fertilization and edging.
(7)
Signs and Boundary Markers: Installation and maintenance of boundary
and information signs.
(8)
Tree and Shrub Plantings: Development of new tree plantings, replantings
and care for same.
(9)
Herbaceous Seedings: Establishment of grass and legume nesting cover
and wildlife food plots.
(10) Vegetation Control: Use of chemical sprays, mowing, or controlled
burning to control noxious weeds or to improve vegetative cover.
(11)
Nest Structures: Installation and maintenance of artificial nest
boxes and platforms.
(12)
Managed Public Hunts: Providing directions and guidance to hunters
under a controlled system.
(13)
Custodial Functions: Inspection of wildlife management areas.
(14)
Site Renovation: Major cleanup activities that are not associated
with buildings or structures. This can include removal of junked
automobiles, farm equipment, and fence and trash piles that are
less than 50 years old.
(15)
Disease Control: Sanitation, collection and disposal of diseased
animals.
(16)
Surveys of Use, Harvest and Populations: Observations and investigations.
(17)
Boundary Surveys: The delineation of the exact boundary of tracts
of land. This activity is most often conducted for boundary fencing.
(18)
Fish Stocking: Releasing various species of sport or forage fish
into suitable waters as part of a fisheries management program.
(19)
Fish and Wildlife Research: Research activities by fisheries and/or
wildlife biologists. Population sampling, census work, disease investigation
and life history studies are examples of this type of activity.
(20)
Hunter Education: Hunter safety education activities, including
instruction and administration.
(21)
Aquatic Resource Education: Classroom and outdoor aquatic education
activities.
(22)
Firebreaks: Plowing or rototilling strips.
(23)
Wildlife Watering Devices: Repair, replacement and maintenance of
existing structures, and installation of new structures. The watering
devices are free-standing, temporary, and usually mobile units.
(24)
Terraces and Waterways: Repair and maintenance of existing man-made
soil and water conservation terraces and waterways on farmland.
(25)
Potholes and Level Ditches: Creation of deep, open water areas in
existing, vegetative-choked marshes through the use of explosives
or machines.
(26)
Agricultural Use: Plowing, tilling, planting, fertilizing, weed
and insect control, harvesting, grazing, etc.
(27)
Lake Elevations: Raising or lowering lake water levels (elevations)
according to Central's water requirements or obligations, even though
this may effect recorded archaeological sites, especially those
along Lake McConaughy's shoreline, with wave/water action or by
exposing previously water covered areas.
(28)
Lake Shorelines: With the exception of shorelines of recorded archaeological
sites, rip rap or other wave protection (sea walls) can be maintained
or constructed.
(29)
Supply Canal: Also known as the Tri-County Canal. All operational,
maintenance, repair, or replacement activities on the canal (including
its structures and roads), as well as the installation of additional
structures.
(30)
Utilities: Replacement of buried utilities, or poles or structures
for above ground utilities, such as sewer, electric, gas, communication
lines or cables, an underground sprinkler system, water pipelines
(drinking, cooling, discharge/storm/waste), septic tanks, or an
underground tile drainage system.
(31)
Irrigation Pipelines: Replacement of buried irrigation pipeline.
(32)
Water Wells: Replacement of irrigation or observation wells.
APPENDIX
C
to the
CULTURAL RESOURCES MANAGEMENT PLAN
for the
KINGSLEY DAM PROJECT
(FERC PROJECT NO. 1417)
AGENCY
COMMENTS ON THE 1991 CULTURAL RESOURCE INVENTORY
See
the following copies of letters to Central with comments on the
1991 Cultural Resource Inventory:
1.
Letter of August 22, 1991, from L. Robert Puschendorf, Deputy
State Historic Preservation Officer; Joni Gilkerson, Architectural
Historian; Michael Rindone, R.A., Preservation Architect; Terry
Steinacher, Preservation Archeologist, Nebraska State Historical
Society
2.
Undated Letter from J. J. Hoffman, Chief, Interagency Archeological
Services, Division of Cultural Resources United State Department
of the Interior, National Park Service, Rocky Mountain Regional
Office (enclosure dated August 22, 1991)
The
above-referenced documents include information on the archaeological
sites that might enable unauthorized persons to locate these sites.
Therefore, the distribution of CRMP Appendix C will be limited to
those with a "need to know" in order to protect these
sites from the unauthorized collection of artifacts or vandalism.
See CRMP section 6.8 Confidentiality
of Archaeological Sites.
APPENDIX
D
to the
CULTURAL RESOURCES MANAGEMENT PLAN
for the
KINGSLEY DAM PROJECT
(FERC PROJECT NO. 1417)
CONSULTATION
REGARDING TRADITIONAL CULTURAL OR RELIGIOUS VALUES
Under
section I. B. of the PA, during development of the CRMP Central
is to consult with SHPO and interested persons including Indian
Tribes, if any, that may ascribe traditional cultural or religious
values to Historic Properties potentially affected by Project operations.
No interested parties have been identified.
The
recently concluded relicensing process for FERC Project No. 1417
began in 1984. The process was highly publicized and retained a
high profile in Nebraska and the surrounding states throughout the
fourteen-year period. No Tribes or other interested parties with
concerns regarding traditional Native American cultural or religious
values came forward during the numerous opportunities for the public
to participate in or comment on the licensing.
18
CFR § 16.8, governing consultation during the relicensing process,
indicates that FERC is to identify any potentially affected Indian
Tribes with which the applicant is to consult. None were identified,
but Central was asked to do a cultural resources assessment in 1991
(see section 2. 1991
Cultural Resource Inventory of the CRMP). This cultural
resource inventory, which included an archaeological investigation,
of the FERC Project found no evidence of continuous habitation by
any tribe or culture, only limited nomadic activity. No sites of
religious or cultural significance were identified in the 1991 Inventory
Report. This is consistent with Central’s understanding that
Native American use of the area was as a common hunting ground,
not associated with any particular tribe or band.
After
reviewing the 1991 Inventory Report, FERC did not identify any potentially
affected Tribes or request consultation with any other party. Similarly,
neither the Nebraska SHPO nor the National Park Service indicated
any tribal affiliation of sites identified in the 1991 study. See
Appendix C for a copy of their reviews.
Neither
FERC nor the Department of the Interior provided names of potentially
impacted Native American tribes or resources at any time in the
eight years since the cultural resource study. The Nebraska State
Historic Preservation Office has stated that it is not its role
or responsibility to identify Native American Tribes or resources
that would be impacted by the recent licensing.
In
the absence of any additional interested parties with whom to consult,
or any identified traditional cultural or religious sites, Central
concludes that the Native American traditional cultural and religious
values which have the greatest potential to be affected over the
years are already addressed in the CRMP in sections 6.9 Disposition
of Archaeological Collections, 9.3 Resource Discoveries, and 9.4
Unmarked Human Burial Sites.
APPENDIX
E
to the
CULTURAL RESOURCES MANAGEMENT PLAN
for the
KINGSLEY DAM PROJECT
(FERC PROJECT NO. 1417)
RECORD
OF CONSULTATION ON THE PROPOSED CULTURAL RESOURCES MANAGEMENT PLAN
Attached
are copies of letters to Central with comments on the May 21, 1999
draft of the Cultural Resources Management Plan, along with statements
by Central as to the disposition of those comments.
1.
Transmission from L. Robert Puschendorf, Deputy State Historic
Preservation Officer, Nebraska State Historical Society/State
Historic Preservation Office (June 16, 1999 fax cover sheet and
comments written on Central’s 5-21-99 draft CRMP).
2.
Central’s response to SHPO’s June 16, 1999 comments.
3.
Memorandum from Carol Gleichman, Historic Preservation Specialist,
Western Office of Planning and Review, Lakewood, Colorado, Advisory
Council on Historic Preservation (July 7, 1999 faxed memorandum
provided informally).
4.
Central’s response to Carol Gleichman’s July 7, 1999
comments.
5.
November 17, 1999 letter from Don L. Klima, Director - Office
of Planning and Review, Washington D.C., Advisory Council on Historic
Preservation, to the Secretary of FERC with "Enclosure 1
ADVISORY COUNCIL ON HISTORIC PRESERVATION Comments on the Central’s
Draft CRMP for the Kingsley Dam Project"
6.
Central’s response to Council’s November 17, 1999
comments.
WEB
SITE NOTICE: The supporting documents for Appendix E (items
1-6) have not been included in this web site version of the CRMP
in order to reduce the Appendices’ size by 67 pages. As this
appendix’s purpose is to document that Central consulted with
the appropriate agencies in developing the CRMP, its removal should
only make the Appendices section much easier to use. You can request
these documents by contacting Jay Maher (see Appendix
G).
APPENDIX
F
to the
CULTURAL RESOURCES MANAGEMENT PLAN
for the
KINGSLEY DAM PROJECT
(FERC PROJECT NO. 1417)
THE
ADVISORY COUNCIL ON HISTORIC PRESERVATION’S POLICY STATEMENT
ADOPTEDSEPTEMBER 26, 1988 REGARDING THE
TREATMENT OF HUMAN REMAINS AND GRAVE GOODS
As
specified in item C.5. of the Development of the Cultural Resources
Management Plan section in the Programmatic Agreement, the
treatment and disposition under the CRMP of any human remains that
may be discovered will take into account any applicable state laws
and the Council’s "Policy Statement Regarding Treatment
of Human Remains and Grave Goods" (see below) (September 26,
1988, Gallup, NM).
TREATMENT
OF HUMAN REMAINS AND GRAVE GOODS*
While
human remains or grave goods are likely to be exhumed in connection
with an undertaking subject to review under Section 106 of NHPA,
the consulting parties under the Council’s regulations should
agree upon arrangements for their disposition that, to the extent
allowed by law, adhere to the following principles:
Human
remains and grave goods should not be disinterred at all unless
required in advance of some kind of disturbance, such as construction.
Disinterment
when necessary should be done carefully, respectfully, and completely,
in accordance with proper archeological methods.
In
general, human remains and grave goods should be reburied in consultation
with the descendants of the dead.
Prior
to reburial, scientific studies should be performed as necessary
to address justified research topics.
Scientific
studies and reburial should occur according to a definite, agreed-upon
schedule.
Where
scientific study is offensive to the descendants of the dead,
and the need for such study does not outweigh the need to respect
the concerns of such descendants, reburial should occur without
prior study. Conversely, where the scientific research value of
human remains or grave goods outweighs any objections that descendants
may have to their study, they should not be reburied, but should
be retained in perpetuity for study.
*In
1990, the Native American Graves Protection and Repatriation Act
(NAGPRA) became law. Application of this policy statement must be
consistent the requirements of NAGPRA (23 U.S.C.Part 3001 et seq).
CRMP
Note: Central is not subject to the Native American Graves
Protection and Repatriation Act (NAGPRA) as it does not operate
on Federal or tribal lands.
APPENDIX
G
to the
CULTURAL RESOURCES MANAGEMENT PLAN
for the
KINGSLEY DAM PROJECT
(FERC PROJECT NO. 1417)
CENTRAL’S
CURRENT CULTURAL RESOURCE ADMINSTRATOR
Michael
A. Drain, P.E., Natural Resources Supervisor
Office Phone: (308) 995-8601; Fax: (308) 995- 5705
E-mail: mdrain@cnppid.com
The Central Nebraska Public Power and Irrigation District
415 Lincoln Street, P.O. Box 740
Holdrege, NE 68949-0740
APPENDIX
H
to the
CULTURAL RESOURCES MANAGEMENT PLAN
for the
KINGSLEY DAM PROJECT
(FERC PROJECT NO. 1417)
PROGRAMMATIC
AGREEMENT
As
described in CRMP section 3. Programmatic Agreement, the
CRMP was prepared pursuant to the PA. Accordingly, the CRMP contains
numerous references to sections of the PA. To read specific sections,
or the entire document, see the following copy of the executed PA
and its Appendix A.
The
PA’s Appendix A includes the descriptions and locations of
the archaeological sites. Therefore, the distribution of CRMP Appendix
H will be limited to those with a "need to know" in order
to protect these sites from the unauthorized collection of artifacts
or vandalism. See CRMP section 6.8 Confidentiality
of Archaeological Sites.
APPENDIX
I
to the
CULTURAL RESOURCES MANAGEMENT PLAN
for the
KINGSLEY DAM PROJECT
(FERC PROJECT NO. 1417)
1991
CULTURAL RESOURCE INVENTORY
As
described in CRMP section 2. 1991 Cultural Resource Inventory,
this document (referred to as the "1991 Inventory Report"
in the CRMP) contains a lot of the information on which the CRMP
is based. As such, it is frequently referenced in the CRMP. This
report also includes detailed descriptions and locations of the
archaeological sites. Therefore, Appendix I, which contains a complete
copy of the 1991 Inventory Report (Volumes 1 & 2), is only included
with copies of the CRMP provided to authorized persons with a "need
to know" in order to protect these sites from the unauthorized
collection of artifacts or vandalism. See CRMP section 6.8 Confidentiality
of Archaeological Sites.
Cultural
Resources Management Plan.
Table of Contents.
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