LAND
AND SHORELINE
MANAGEMENT PLAN
December
2002
Volume
1
Sections 1 through 4
KINGSLEY DAM PROJECT
(FERC Project No. 1417)
The Central Nebraska Public Power and Irrigation District
Holdrege, Nebraska
NOTE:
The December 2002 Plan
was Approved on March 4, 2003 by the
Federal Energy Regulatory Commission
The Central Nebraska Public Power and Irrigation District
FERC Project No. 1417
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TABLE
OF CONTENTS
Executive Summary
Organization
of the Plan
Terms
Used in this Plan
Section
1 - Introduction
A.
Overview
B. Project Description
C. Purpose of the Land and Shoreline Management
Plan
Section 2 - Planning and Consultation
Process
Section
3 - Shoreline Management / Responsibilities And Activities
A.
Central’s Responsibilities in Developing a Shoreline Management
Plan
B. Central’s Shoreline
Management Activities at Plan Inception
Section 4 - Land and Shoreline Use
A.
Land Use Classifications
B. Lake McConaughy
C. Lake Ogallala
D. The Supply Canal System / Lincoln
County
E. Jeffrey Reservoir
F. The Supply Canal System / Dawson
County
G. Gallagher Canyon Lake
H. Plum Creek Canyon Lake
I. Johnson Lake
J. The Supply Canal System / Gosper
County
APPENDICES
Executive Summary
Central
Nebraska Public Power District operates the hydropower generating
facilities associated with Central's Kingsley Dam Project subject
to the Federal Power Act and associated regulations and pursuant
to the express terms and conditions of Central’s Project license
issued by the Federal Energy Regulatory Commission in 1998. Central’s
responsibilities include: irrigation, power generation, public recreation,
shoreline and land use management, natural resource conservation,
environmental protection, and public land stewardship. Central is
obligated to comply with the terms and conditions
of its FERC license. Those license conditions establish limitations
and criteria and require specific actions and approvals that directly
affect Central’s administration of the lands it owns within
the FERC Project Boundary, which can be roughly described as a line
surrounding all of the project reservoirs, canal, dams, and other
critical project equipment and facilities.
This
Plan was developed to meet Central’s responsibilities and
objectives as a FERC licensee and as a landowner. For that reason,
the Plan addresses lands within Central’s Right of Way, that
is, lands in the Project vicinity owned by Central, as well as those
lands which are located within the defined FERC Project Boundary
which is shown in the Project FERC license documentation and is
evident on the maps in this Plan. By this definition, Central’s
“Right of Way” as used in this Plan includes all the
lands within the hydropower project boundary. When the term “Project
Boundary” appears in this Plan, it refers only to those lands
that are actually circumscribed by the boundary line in the FERC
license.
The
Plan sets forth goals, policies, general procedures and standards
developed to support consistent land management actions and decisions
and to function as an information and management tool for Central
and for individuals, organizations or agencies that may wish to
develop land or facilities or to change specific land uses, including
recreation, within Central’s Right of Way. The Plan protects
the existing resources, uses and values of the Project by establishing
a comprehensive framework for the processes, procedures and standards
to which Central will adhere when changes in recreation, land or
shoreline use are proposed.
Central
developed this Plan in active consultation with the United States
Fish and Wildlife Service, the Nebraska Game and Parks Commission,
and local governments and people. The Plan development process was
initiated in mid-1999. Central met with interested parties including
shoreline property and homeowners, local governments and resource
agencies. Meetings were held to identify issues and concerns and
to enable Central to consider the perspective of various interested
parties. The Plan reflects the outcome of that consultation process.
The agency comments regarding the initial draft Plan, and Central’s
responses to them, are included in this document.
The
Plan is organized into nine sections and three Appendices. Section
6 of the Plan is also designed to serve as the Project Recreation
Report for FERC license compliance purposes and is separable from
the rest of the document. The Plan discusses the process Central
used to develop this Plan; describes and categorizes Project land
uses at Plan inception; identifies development constraints and opportunities
within the Project Boundary; defines Central’s fundamental
land management philosophy and implementation strategies; and offers
guidance on the standards for evaluating and conditioning authorizations
for use of Central’s lands in the future. The Appendices to
the Plan are intended to be supporting documents, not subject to
the Amendment process. The reference information in the Appendices
will be updated appropriately as changes occur over time.
In the Plan, Central describes the overall goals it has adopted
to guide its land and shoreline management efforts as to:
·
Ensure continued reasonable public access to the lands and waters
of the Project.
·
Provide for a diversity of public recreational opportunities throughout
the Project.
·
Protect and manage the significant existing natural and man-made
resources of the Project, including environmental resources and
recreation opportunities.
·
Evaluate the potential impact of all proposals for land use change
on surrounding Project and non-Project lands, and balance potential
benefits and impacts with the benefits and impacts of existing uses.
·
Evaluate all proposed changes in use and/or occupancy of Central’s
lands to assure they are consistent with the purposes of protecting
and enhancing the scenic, recreational, and other environmental
values of the Project.
·
Support and provide, where consistent with the other goals, economic
development opportunities within the Project and region.
The Plan is based on the classification of land uses within the
Project Boundary according to specifically developed categories.
These categories reflect the unique land use patterns of this Project
and are listed below.
"Concessionaire"
– Includes those areas where either Central or the NGPC has
leased or subleased land for the provision of public commercial
recreational services.
"Open
Space" – Includes all of those areas within
Central's Right of Way that are open to public recreational access
and are not designated for a specific recreational use, such as
a state recreation area.
"Outside
FERC Project Boundary" – This designation on
the Land Use Maps refers to properties that lie outside the FERC
Project Boundary that may be owned by Central or by private individuals.
Their use may impact the lakes.
"Overlay
Zones" – Overlay zones are classifications that
overlay the existing land use of a site. Overlay zones generally
indicate either a specialized use or protection of a land area for
a specific reason and may imply an additional layer of regulation.
The overlay zones shown on the land use maps include the Future
Development Shoreline Facility/Services, Species Protection Zone,
Day Use and Non-Motorized Vehicle Areas.
"Future
Development Shoreline Facility/Services" - Areas likely,
based upon the best available current information, to be considered
for development of commercial or community marina or other facilities.
Designation does not imply approval.
"Species
Protection Zone" – This designation is an overlay
zone, to be applied to land areas that merit special protection
due to the presence of endangered, threatened or significant plant
or animal species and/or their habitats. Regulations regarding the
use of or development near, this designation will be developed through
agency consultation subsequent to FERC approval of this Plan. Regulation
requirements may range from general to very specific based on the
species concerned and its use of the area.
"Day
Use Area
- Areas designated as not available for overnight use.
The Day Use Area overlay will be used on an "as needed"
basis to address protection of specific areas for habitat, species,
or cultural resources, conflicting land use issues, and other needs
as they arise.
"Non-Motorized
Vehicle Areas" - Areas accessible only on foot or
by non-motorized vehicle. The Non-Motorized Vehicle overlay will
be used on an “as needed” basis to address protection
of specific areas for habitat, species, or cultural resources, conflicting
land use issues, and other needs as they arise.
"Project
Works" – This designation includes areas occupied
by the dams, powerhouses, and other structures that are essential
to Central’s operations and to which, due to safety, operational,
or other constraints, public access may be legitimately restricted.
"Residential"
– This designation includes areas of existing residential
development either within or adjacent to Central's Right of Way.
The Plan also establishes the fundamental framework for furthering
Central’s land and shoreline management goals in its day-to-day
management of Project lands by implementation of the following general
land management policies. These policies are discussed in Section
5 of the Plan
1.
Facilities and Structures in Place at Plan Implementation
POLICY:
Central will allow all legal and permitted structures and facilities
in place before Plan implementation to remain in place until such
time as the structure or facility becomes unsafe, needs replacement
or requires major repairs (more than 50% of the physical structure
or of its value, as determined by Central).
2.
Leases Existing at Plan Implementation
POLICY:
Central will manage specific parcels of leased land in accordance
with the provisions of the leases in effect at Plan implementation,
(as such provisions may be interpreted by the courts after all appeals
have been exhausted), for the remainder of the lease term.
3.
New Leases
POLICY:
Central will enter into new leases when so doing supports providing
a diversity of recreational opportunities, benefits wildlife or
otherwise is consistent with or will enhance achievement of the
objectives of this Plan.
4.
New Structures and Facilities
POLICY:
Central shall continue to permit new legal uses, structures and
facilities when such uses, structures and facilities are in compliance
with the Plan and with all applicable federal, state and local requirements.
5.
Building Setbacks
POLICY:
Central will require suitable setbacks from the shoreline for all
future residential or commercial development on Project lands to
promote reasonable public use and access to the Project lands and
waters.
6.
Shoreline Protection and Enhancement
POLICY:
Central, where necessary, will support activities to protect shorelines
from excessive erosion and will require its lessees, licensees,
and permit holders to provide adequate shoreline protection on the
land areas they use under the terms of a permit, lease, easement
or other conveyance or other authorization.
7.
Public Recreational Use Opportunity
POLICY:
Central will continue to make the lands, shorelines and waters of
the Project not subject to a lease open to the public for recreational
use, except where operational, safety, environmental resource protection
needs, or other uses are incompatible with public access or safety
objectives.
8. Project Operations
POLICY:
Central will retain ownership of all project property covered by
the license, lands, shoreline and waters necessary to its hydropower,
irrigation and related operations or will assure it has the rights
to occupancy and use or necessary easements.
9.
Environmental and Wildlife Protection
POLICY:
Central will fully consider the protection of wildlife and endangered
species and their habitats on Project lands in all land use and
recreation management decisions and Plan implementation.
Organization of the Plan
The
Plan is organized into the following sections:
Section
1. Introduction – The introduction to the Plan includes an
overview of the regulatory basis for the Plan, a description of
Central’s Kingsley Dam Project area, a basic discussion of
the purpose of the Plan, and this general outline of the main elements
of the Plan document.
Section
2. The Planning and Consultation Process – This section discusses
Central’s overall approach to and schedule for the public
and agency consultation used to develop the Plan.
Section
3. Shoreline Management / Responsibilities and Activities –
This section describes Central’s regulatory and stewardship
responsibilities for the Project and the roles and responsibilities
of other agencies and local governments.
Section
4. Land and Shoreline Use – This section describes the project
shorelines, land development and ownership patterns, development
opportunities and constraints, proposed developments, and the process
to obtain approval for a new development or a change in use on Project
lands.
Section
5. Implementation Strategies – This section describes Central’s
overall land and shoreline management philosophy, specific “Shoreline
Management Strategies” and management standards and procedures.
Section
6. Recreation Plan – This section identifies existing and
proposed public and private recreation opportunities within Central’s
Project Boundary. This section is also intended to serve as the
Project Recreation Report.
Section
7. Plan Amendments and Updates – This section discusses fulfillment
of the requirements for periodic evaluation and reporting on the
least tern and plover nesting protection, bald eagle nesting and
roosting, and aquatic resource protection measures described in
the license, the development and filing of updates to the Land and
Shoreline Management Plan, and the specific procedures and consultation
that will be undertaken to amend or modify the Plan once it has
been initially approved by FERC.
Section
8. Public Comments and Agency Consultation – This section
includes a summary of the resource topics and comments received
from the agencies during consultation and raised at the public meetings.
Summaries of the comments and recommendations received during formal
agency review and the public hearings are also included, as is a
discussion of Central’s response to those comments and recommendations.
Copies of written comments or summaries of transcribed oral comments
are included in Plan Appendix II.
Section 9. Maps and Illustrations - This section includes maps and
drawings illustrating the resource utilization classifications,
Terms Used in this Plan
"Agency"
– Refers to one or all of the following: Nebraska Game and
Parks Commission (NGPC); the U.S. Fish and Wildlife Service, Grand
Island Field Office (USFWS); and the U. S. Army Corps of Engineers,
Kearney Office, (Corps).
"Canyon
Lake" – Refers to the water bodies that were
created by existing canyons during construction of Central’s
Supply Canal system.
"Central"
– Refers to the Central Nebraska Public Power and Irrigation
District.
"Central’s
Right of Way" – Refers to the boundary marking
all of Central’s land ownership, both within and outside the
FERC Project Boundary; also referred to as “Central ROW”
on the Land Use Maps.
"Consultation"
- Refers to the formal or informal process of review and comment
of a proposal by interested parties, individuals, or state, federal,
and local agencies. In many circumstances, approval of a non-project
use of lands located within the defined boundary of a FERC licensed
hydropower project cannot be made until comments are sought and
considered through a specific consultation process.
"Conveyance"
- As used in this document, refers to the transfer of a legal interest
in land, either by easement, lease or in fee title.
"CRMP"
- Refers to the Cultural Resources Management Plan for Central’s
Project. The CRMP appears on Central’s website at CNPPID.com
or may be requested from Central’s main offices.
"Encroachment"
- As used in this Plan, refers to an unauthorized use of Central’s
property. Central will take appropriate action to correct encroachments.
"FERC"
- Refers to the Federal Energy Regulatory Commission, a federal
government “agency” with jurisdiction over non-federal
hydropower projects such as Central’s Kingsley Dam Project.
FERC issued the license authorizing power generation at this Project,
and has oversight over project operations as well as over Central’s
administration of Project lands and waters.
"FERC
Project Boundary" - Hydropower projects licensed by
FERC include "all water-rights, rights-of-way, ditches, dams,
reservoirs, lands, or interest in lands the use and occupancy of
which are necessary or appropriate in the maintenance and operation
of such unit."1
While Central owns the land on which the project is situated, FERC
has jurisdiction over the use of that land if it is included within
the Project Boundary, which is roughly a boundary line circumscribing
the project features. Central’s Project Boundary is evident
on the land use maps contained in this Plan.
"Leased
Lands" – This designation pertains to the lands,
inside Central’s Right of Way, leased for specific uses to
federal, state or local units of government, individuals, organizations,
or businesses. In some cases these uses are administered through
subleases from NGPC. Examples of leases and leased lands are:
·
"State Recreation Area Lease"
· "Wildlife Management Area Lease"
· "Concessionaire Lease"
· "Agricultural Lease"
· "Residential Lease"
"Local
Governments" – The local governments referred
to in this document are Dawson, Gosper, Keith and Lincoln Counties.
"Major
Repair" - For the purposes of this Plan, major repair
to an existing structure is defined as repair which Central regards
as involving more than 50% of the physical structure or more than
50% of its value. Central reserves the right to make this determination.
Major repairs are distinguishable from normal and predictable routine
maintenance activities.
"NGPC"
- Nebraska Game and Parks Commission, a Nebraska state agency.
"Permit"
- As used in this document, a permit for use of project property
is distinguished from other authorizations that involve a transfer
of interest in the property. A permit allows the use of Central’s
property for a specific and limited use and period of time and does
not convey any legal interest in the land.
"Permit
to Construct" – A permit issued by Central authorizing
construction of structures along the shoreline or in the water,
including boat houses and docks, permits for alteration of the shoreline
including placement of rip rap or construction of retaining walls,
and all other activities that involve construction or placement
of materials on land, including submerged land, owned by Central.
A sample Permit
to Construct appears in Plan Appendix I. Central may amend the
Permit format from time to time.
"Plan"
– Refers to this Plan, the Land and Shoreline Management Plan
required by Article 421 of Central’s FERC License.
"Project"
– Refers to land, equipment, structures and facilities identified
in Central’s FERC license and located within Central’s
Project Boundary.
"Project
Lands" – Include those properties Central owns
that lie within the FERC Project Boundary defined by Central’s
Project license. Any use of these Project lands is subject to federal
oversight and compliance with all relevant federal, Nebraska state,
and local laws and regulations, the provisions of the FERC license
and its relevant implementing documents. These documents include
but are not limited to:
·
Land and Shoreline Management Plan and associated contracts and
regulations,
· Cultural Resource Management Plan, and
· Plans or regulations for the protection of endangered species
or habitat.
· Terms and conditions of specific permits and leases
"Project
Waters" - Refers to the lakes, reservoirs, and canals
included within Central’s Project boundary. Any use of project
waters is subject to federal agency oversight and compliance with
all relevant federal, Nebraska state, and local laws and regulations,
the provisions of the FERC license and its implementing documents.
Federal, state, and local navigational safety standards also apply
to activities, facilities, and structures on these waters.
"Standard
Land Use Article" - Article 422 of Central’s
license. This license condition is generally included in all FERC
hydropower licenses and defines Central’s obligations and
the limits of its delegated authority to permit uses of or to convey
interests in Project lands. The text of this Article
appears in Plan Appendix I.
"State
Recreation Area (SRA)" –Lands that Central has
leased to the NGPC for public recreational use. Central’s
lease terms provide that the land use shall be consistent with its
obligations under the FERC license. Use of these areas is otherwise
governed and restricted by NGPC regulations for SRAs.
"Supply
Canal" –Central’s main canal system, which
runs from a diversion dam on the Platte River east of North Platte
to a return east of Lexington. The Supply Canal lies within Central’s
Project Boundary.
"Wildlife
Management Area (WMA)" – Lands that Central
has leased to the NGPC for wildlife management. Public use of these
areas is governed and restricted by NGPC regulations for WMAs.
Section 1 - Introduction
A.
Overview
The
Central Nebraska Public Power and Irrigation District (Central)
is a political subdivision of the State of Nebraska, authorized
as a "public power & irrigation district." Central
is also a hydropower licensee of the Federal Energy Regulatory Commission
(FERC), and operates the hydropower generating facilities associated
with Central's Kingsley Dam Project No. 1417 (Project) subject to
the Federal Power Act and associated regulations and pursuant to
the express terms and conditions of the Central’s license
issued in 1998. Central’s responsibilities include: irrigation,
power generation, public recreation, shoreline and land use management,
natural resource conservation, environmental protection, and public
land stewardship. Central is obligated to comply with the terms
and conditions of its FERC license. Two of those license conditions,
designated as license Articles 421 and 422, establish limitations
and criteria and require specific actions and approvals that directly
affect Central’s administration of Project lands. In addition,
Central is subject to other regulations and license conditions that
more generally constrain its use and management of Project lands
and waters.
Pursuant
to Article 422 of its FERC license, Central has the authority delegated
by FERC to authorize use or convey interests in Project lands in
specific circumstances and under certain conditions identified in
the Article. Central has continuing responsibility to supervise
the occupancies and uses it authorizes and to ensure compliance
with the terms of the authorization or conveyance. The terms of
the license require Central to take any lawful action necessary
to correct a violation of those terms. Authorizing uses or conveying
interests in Project lands not specifically addressed in the Article
requires prior consultation with interested agencies and prior FERC
approval. This process can be very burdensome and time consuming
for all concerned, but is not optional. Failure to comply with the
criteria identified in the Article constitutes a violation of the
Central’s license terms.
Central's
properties throughout south central Nebraska provide numerous recreational,
residential, and economic benefits. They offer diverse habitats
that support the plant, animal and fish species found in the region,
including species that are designated by state and federal agencies
as threatened and endangered. The Platte River region also has a
rich historical and cultural heritage, as evidenced by the numerous
identified historical and archaeological sites. The entire area
is increasingly attractive as a place for outdoor recreation, home
sites and the support services associated with these activities.
Continued regional growth and development and the gravitation of
homeowners to waterside areas will place increasing demands on the
lands and waters of the project. These lands and waters are a unique
and valuable resource that, if managed effectively, can continue
to provide hydropower, irrigation, recreation, and community living
benefits to future generations in the region. To accomplish this,
close attention must be given to preserving shore lands with unique
or special qualities, properly managing and conserving the natural
resources of the shoreline, and protecting and balancing different
uses so they can be enjoyed by the public in the years to come.
In its role as a steward of public land, Central must balance the
increasing, and often conflicting, recreational, residential and
commercial uses of that land and shoreline, while ensuring that
legitimate and appropriate existing uses and valuable habitat are
protected.
B.
Project Description
Central’s
Kingsley Dam Hydroelectric Project, authorized in the 1930’s
and completed in 1942, consists of two distinct segments. (See
Figure 1-1.) The first segment is comprised of Lake McConaughy
and Lake Ogallala. Lake McConaughy, formed by Kingsley Dam, has
a surface area of 30,500 acres at full pool and is roughly twenty-one
miles long. Lake Ogallala was created where the North Platte River
was dredged and pumped to form the eastern slope of Central’s
project. The Kingsley Hydropower plant, built in 1984, abutting
Central’s project, discharges into Lake Ogallala and is authorized
to generate 49.97 megawatts (MW) of installed capacity.
Lake
McConaughy provides diverse and popular public recreational opportunities.
Kingsley Dam is at the east end of the lake, while an expanse of
wetland defines the west end. Except for the areas occupied by project
facilities and four cabin areas, all of Central’s Project
lands at Lake McConaughy are leased to the Nebraska Game and Parks
Commission (NGPC) as a State Recreation Area (SRA). Developed campsites,
marinas, vacation rentals, residential properties and water access
areas are dispersed along its north and south shorelines. The majority
of shoreline along Lake Ogallala is a State Recreation Area (SRA)
managed by the Nebraska Game and Parks Commission (NGPC) on lands
leased from Central for that purpose. The public recreation areas
located within Central's Right of Way at both lakes, including those
occupied by recreation concessionaires, are provided by the NGPC.
Fishing, camping, boating and other recreational uses, as well as
winter "bald eagle viewing" are popular activities on
the lakes.
The
second segment begins at the Central (or Tri-County) Diversion Dam,
located 50 miles downstream of Central’s project, at the confluence
of the North and South Platte Rivers. The Dam diverts water into
the 75-mile-long Supply Canal, which flows through 27 canyon lakes
of varying sizes and 3 hydroelectric power plants before the water
is returned to the Platte River east of Lexington. The three hydroelectric
power plants along the Supply Canal are the Jeffrey Hydro plant
(18 MW), south of Brady, Nebraska; Johnson No. 1 Hydro plant (18
MW), and Johnson No. 2 Hydro plant (18 MW), both east of Johnson
Lake.
The
Supply Canal also delivers water to three irrigation canals that
serve an area covering more than 105,000 acres in Gosper, Kearney
and Phelps counties in south-central Nebraska. An additional 7,000
acres are irrigated directly from the Supply Canal as it flows east
through Lincoln and Dawson counties.
The
sizes of the water bodies impounded along the Supply Canal vary
from less than 1 surface acre to more than 2,500 surface acres.
Most of the shoreline along the canal and around these lakes is
accessible for public recreation use. This report focuses only on
those lakes greater than 20 surface acres in size, with public road
access. Lincoln County, where the Supply Canal is diverted from
the Platte River, contains ten lakes associated with the project.
These include Boxelder Canyon Lake (22 surface acres), Cottonwood
Lake (33 surface acres), Snell Lake (53 surface acres) and Jeffery
Reservoir, with 575 surface acres. Boxelder Canyon Lake and Jeffery
Reservoir both have small Wildlife Management Areas (WMA’s)
and Jeffery Reservoir provides boating access. Jeffery Reservoir
is the only lake on the Supply Canal in Lincoln County with residential
homes adjacent to the shoreline. Most of these homes are located
on land owned by Central and leased to a lake association that manages
much of the day-to-day administration of the leased area. Some of
the homes are located within Central's Project Boundary; others
are located on lands owned by Central outside the Project Boundary.
Dawson
County is the next county the Supply Canal enters on its way east.
The lakes of note along this stretch of canal are Hiles Canyon Lake
(19 surface acres), the Midway Lakes (ranging from 48 to 341 surface
acres), Gallagher Canyon Lake (182 surface acres) and Plum Creek
Canyon Lake (252 surface acres). Plum Creek Canyon Lake has a small
WMA providing boating access to the Lake. Housing is scattered on
private and project lands along its steep banks. Gallagher Canyon
Lake has an SRA, which provides facilities for camping, picnicking
and boating access. Two of the Midway Lakes have small areas of
residential property along the shoreline. The majority of this housing
is also on land leased from Central and similar to Jeffrey, homes
lie both within and outside Central's Project Boundary.
Johnson
Lake, the largest lake on the canal, has the distinction of being
the only lake to lie within two counties. The northern portion of
the lake lies in Dawson County and the southern portion of the lake
and the canal system is in Gosper County. Johnson Lake is also the
only lake in the system with its entire shoreline developed for
residential, marina or public recreation use. There are two SRA’s
at Johnson Lake, which offer a variety of public recreational opportunities,
including handicapped-accessible fishing facilities, camping, picnicking
and swimming. There is a public golf course, operated under a lease
with Central, located within the Project Boundary just below the
dam. There are a few small canyon lakes on the Supply Canal in Gosper
County. The WMA located at East Phillips Lake (142 surface acres)
provides access for fishing and a public boat ramp. Three homes
are located on private property located adjacent to the Central's
Right of Way at Knapple Lake (38 surface acres).
Central
will be reviewing the FERC Boundary and evaluating whether it is
necessary to add or remove any lands to the FERC Boundary as described
in the Plan
for Reviewing FERC Boundary that is in Plan Appendix I.
C.
Purpose of the Land and Shoreline Management Plan
The
purpose of this Plan is twofold. First, it is designed to comply
with the requirements of Central’s FERC Central’s license.
Second, the Plan will guide Central in making decisions regarding
the future use of its land within Central’s Right of Way.
The Plan provides a clear statement of how Central will manage its
land and shoreline by identifying specific uses and procedures.
The Plan will help minimize land use conflicts and will improve
Central’s ability to administer its land policies in a fair
and consistent manner.
The
license for Central’s Project, issued July 29, 1998, contains
several specific license conditions governing the management of
lands and waters within the defined Project Boundary. The conditions
most directly related to this Plan are contained in license Articles
421 and 422. The license also contains more general standard provisions
pertaining to management of FERC licensed Project lands and waters,
including Articles 3, 5, 18, & 21. The verbatim text of all
of these Articles, also referred to as “License
Conditions”, is presented in Plan Appendix I. A discussion
of the requirements of Articles 421 and 422 follows here.
ARTICLE 421 SHORELINE MANAGEMENT PLAN REQUIREMENT
Pursuant
to the requirements of Article 421 of the license, Central is directed
to file a “Plan to manage the lands and shorelines of the
project” area, within 24 months of the issuance of the license.
The objective of this Plan is to meet that requirement and other
related legal and regulatory conditions, while providing a rational
and consistent approach to the management of Project lands and waters
consistent with the District’s objectives and responsibilities.
Pursuant
to the terms of Article 421, the Shoreline Management Plan must:
·
Identify Project lands and shorelines that are and will be reserved
for present and future wildlife, public recreation, residential,
agricultural and other uses.
·
Identify any proposed change in the use of Project lands from uses
in existence at the time the license was issued.
·
Be updated every five years after the Plan is approved.
·
Be prepared, in consultation with the U.S. Fish and Wildlife Service
and the Nebraska Game and Parks Commission, and a report must be
filed every three years following initial Plan approval reflecting
the periodic re-evaluation of the tern and plover nest protection
and bald eagle perch and roost site protection components of the
Plan.
·
Evaluate the need for, and identify appropriate measures to address:
- protection
of least tern and piping plover nesting sites at Lake McConaughy
similar to programs existing at the time the license was issued.
- suitable
protection for bald eagle perch and roost sites on Project lands
that were in existence when the license was issued.
- controlling
aquatic vegetation and sedimentation in project reservoirs.
·
Address the use of Project lands and shorelines designated for public
recreational use under the Land and Shoreline Management Plan, and
the recreational use of project waters
The recreational component of the Plan, referred to above, must
also:
·
Designate Project lands and/or waters for campgrounds, recreational
vehicles, fishing, hunting, boating and canoeing.
·
Be consistent with wildlife protection measures required by the
license (See License Articles 417-420, Plan Appendix I).
ARTICLE 422 STANDARD LAND USE ARTICLE
In
addition to the requirements of Article 421, Central is also subject,
under the terms of its FERC license, to other constraints on its
authority to authorize non-project uses of Project lands. Under
the terms of FERC’s “standard land use Article”,
which appears in the Central's license as Article 422, Central has
limited delegated authority from FERC to permit uses or to convey
interests in Project lands only under certain conditions. To understand
this Article and the relative levels of delegated authority, it
is important to distinguish between use authorizations such as permits
or licenses to use lands and conveyances, such as an easement, lease,
or grant in fee title, which transfer a legal interest in the property.
Verbatim
text of Article
422 appears in Plan Appendix I. Because Article 422 is long
and complex, a general overview of its requirements is also presented
here.
This
Article identifies four levels of authority delegated to FERC licensees,
each level applicable only for specific categories of use, and each
level subject to specific standards and requirements. Any uses authorized
under the terms of the Article must also conform to the requirements
of the approved Shoreline Management Plan. Any non-project uses
of lands within the Project Boundary not authorized under the terms
of Article 422 must receive express prior approval from FERC. That
approval process requires pre-filing consultation with agencies
and can take as long as 12 months, or even longer, to complete.
Central’s
broadest level of delegated authority is to permit three specific
categories of use. In general, Central may grant permits, without
obtaining prior FERC approval, for:
·
Landscape plantings, food plots and wildlife plantings;
·
Non-commercial piers, landings, boat docks, or similar structures
and facilities that accommodate no more than ten watercraft at a
time and are intended to serve single-family type dwellings; and
·
Embankments, bulkheads2,
retaining walls3, or
similar structures for erosion control to protect the existing shoreline
(See referenced footnotes for particular requirements for bulkhead
and retaining walls).
When
Central does grant authority for such uses, they must meet all of
the following criteria:
·
The proposed use and occupancy must be consistent with the purposes
of protecting and enhancing the scenic, recreational, and other
environmental uses of the project;
·
Central must require multiple use and occupancy of facilities for
access to Project lands or waters, unless this is infeasible or
will not further goals of protection and enhancement of the project’s
scenic, recreational and other environmental values;
·
The permitee must maintain permitted uses and occupancies in good
condition and repair;
·
All uses and occupancies must comply with all applicable requirements
of state law, local ordinances, and federal law, including the Federal
Power Act, Title 18 of the Code of Federal Regulations, and the
terms and conditions of the FERC license4,
including this Plan.
Article
422 also enables Central to grant easements and leases for Project
lands, and in some cases convey land in fee5.
If Central does grant such rights in Project lands, it is obligated
to do so only subject to all of the following conditions:
·
Proposed use and occupancy must be consistent with the purposes
of protecting and enhancing the scenic, recreational, and other
environmental uses of the project;
·
As feasible and desirable to protect and enhance the project’s
scenic, recreational, and other environmental values, Central must
require multiple use and occupancy of facilities for access to Project
lands or waters;
·
Permittee must maintain permitted uses and occupancies in good condition
and repair;
·
Uses and occupancies must comply with all applicable requirements
of state law, local ordinances, and federal law, including the Federal
Power Act, Title 18 of the Code of Federal Regulations, and the
terms and conditions of the FERC license6;
·
All rights necessary to provide for operation of the project are
reserved;
·
Central must consult with federal and state fish and wildlife agencies,
as appropriate, and the State Historic Preservation Officer;
·
Central must determine that the proposed use is not inconsistent
with an approved Recreation Plan (Section 6 of this Plan or approved
update), or, if there is no approved Recreation Plan, that the lands
to be conveyed do not have recreational value.
If
Project lands are conveyed under the authority of Article 422, the
instrument of conveyance must include covenants running with the
land, which will ensure that:
·
Use will not endanger health, create a nuisance, or otherwise be
incompatible with overall project recreational use, and
·
Grantee or lessee will take all reasonable precautions to ensure
that construction, operation, and maintenance of structures/facilities
on the conveyed lands will occur in a manner that will protect the
scenic, recreational, and environmental values of the project.
Central
must report any conveyance of Project lands to FERC. The reporting
requirement is based on the type of use authorized by the conveyance.
In some cases, Central must inform FERC 60 days prior to executing
the conveyance. If FERC does not respond within 45 days of the filing,
requiring an application for prior approval, Central may subsequently
execute the conveyance. Other categories of conveyances are simply
reported once a year to FERC. The complexity and number of categories
involved make it necessary to refer the reader to the text of Article
422, in Plan Appendix I. As noted earlier, all permits to use
or conveyances of Project lands not categorically identified in
Article 422 are subject to pre-filing consultation and prior FERC
approval.
Section 2 - Planning
and Consultation Process
During the last two years, pursuant to the requirements of Article
421, Central undertook to identify and inventory Project land uses,
and to consult with the USFWS and NGPC regarding the desired elements
of the Shoreline Management Plan and their particular concerns about
land use and land management in the Project area. Central also met
with local government officials and initiated a program of public
meetings and information dissemination, which was not required by
the license, to assure that public concerns and local issues were
fully considered in the development of the Plan. The planning and
consultation process was initiated in May, 1999. During 1999 and
the first part of 2000, Central distributed Plan-related materials
and sought agency and public input regarding the Plan. Central met
with representatives of federal and state agencies and local governments,
and sought public input in a series of public notices and meetings.
Initial public comment7
was vigorous; in part due to an apparent misunderstanding of the
focus and objectives of the Plan and the mistaken impression that
Central was divesting lands for private development. Final public
meetings were held in June, 2000, and written comments were requested
on or before July 7, 2000, to allow Central to consider them and
revise the Draft Plan as appropriate before submitting it to FERC
for approval in late July. The USFWS and NGPC did file timely and
useful comments and those comments, and Central’s response
to them, are summarized in Section
8 of the Plan. Copies of the agency letters are in Plan Appendix
II.
Step
1 -- Identification and Inventory of Project Resources
A.
Review of Existing Resources
The
initial step in the planning process was to identify and review
existing sources of information about Central’s Project, including
maps, historical records, and literature.
B.
Consultation
Central
initiated consultation with both the NGPC and the USFWS in August
of 1999 to determine their interests and concerns about the management
of the lands and shorelines within Central’s Right of Way.
The NGPC is responsible for the stewardship of the state’s
fish, wildlife, park, and outdoor recreation resources. The majority
of the shorelines of both Lake Ogallala and Lake McConaughy, as
well as large areas of land adjacent to Lake McConaughy, are leased
to the NGPC for public recreation and wildlife habitat enhancement
purposes. The NGPC also leases Central’s lands for recreation
and wildlife areas on Gallagher Canyon Lake, Johnson Lake, East
Phillips Lake, Boxelder Canyon Lake, and Jeffrey Reservoir. The
USFWS is the principal federal agency responsible for conserving,
protecting and enhancing fish, wildlife, and plants and their habitat.
Central’s license requires consultation with the USFWS regarding
migratory bird and endangered species protection plans for the least
tern, piping plover and bald eagle, as well as provisions for creating
habitat for migratory waterfowl and the endangered least tern and
piping plover.
During
the initial consultation phase, in August of 1999, Central also
met with representatives of Dawson, Gosper, Keith, and Lincoln Counties
to inform them of the planning process, to obtain information about
existing and proposed zoning and building code requirements, and
to determine their interests, concerns and recommendations regarding
the Land and Shoreline Management Plan.
To
determine the needs and interests of the region as a whole, Central
also consulted local residents, cabin owners, and recreational users
at this stage of the planning process. Three public information
meetings were held in August of 1999 where the mechanics of the
planning process were presented, and Central staff encouraged discussion
of resource topics. While interested persons could attend any or
all of the meetings, the eastern meeting, held in Lexington, focused
on Johnson Lake and Plum Creek Canyon Lake. The meeting held centrally,
in Gothenburg, focused on Jeffrey Reservoir and the Midway Canyon
lakes; while the Ogallala, or westernmost, meeting focused on Lake
McConaughy and Lake Ogallala. Each of these meetings was advertised
in local papers and through Central’s existing mailing lists
of customers, lessees, permittees, and attendees of earlier related
public meetings.
C.
Land and Shoreline Use Inventory
The
initial inventory process involved a reconnaissance flight over
the entire project, to gain an understanding of the project as a
whole. The system, the lands and uses within Central’s Right
of Way and within the Project Boundary, and the shoreline, were
then surveyed by road and from the water.
Step
2 – Analysis and Application of Land Use Categories
Following
the information review, inventory and initial public, agency, and
local government meetings, Central developed a unique land use classification
system for the lakes and canal system, suited to the needs of the
land and shoreline in the region. Specific land use categories were
defined (See Section 4 of this Plan)
and applied to the various identified existing uses. These were
mapped utilizing a Geographic Information System (GIS). Maps reflecting
the result of these efforts appear in Section
9 of this Plan.
Step
3 - Preliminary Discussions with Agencies and Local Governments
Central met individually with federal and state agencies and local
governments in late 1999 and early 2000, to discuss their preliminary
ideas and topics of interest relating to the proposed Plan.
Step
4 – Presentation of Resource Topics and Draft Land & Shoreline
Use Maps
During
January of 2000, Central held three regional public meetings. After
a general update on the planning process and the status of the Plan
development project, a summary of the topics and issues identified
at the earlier meetings was presented. After pictures were shown
to illustrate the lakes in the region, the land use classifications
were identified and defined and the initial draft land and shoreline
use maps were described. The classifications and initial land use
maps generated discussion at each of the meetings, Central noted
the expressed concerns and addressed them to the extent it was practical
to do so during the meetings.
Central also met with the NGPC in Lincoln, and with the USFWS in
Grand Island, during January of 2000. At each of these meetings,
the proposed land use classifications, draft land and shoreline
use maps and implementation strategies of the Plan were discussed;
with emphasis on public recreational use and species protection
goals and values.
Central
met with the Corps8
in Kearney. At that time, Central had applied to the Corps for a
Programmatic General Permit that would delegate a limited degree
of Corps authority9
to Central, allowing Central to permit specific uses that now require
authorization from both the Corps and Central. Central presented
the land and shoreline use maps in the meeting with the Corps. The
meeting focus was, however, on discussing proposed shoreline implementation
strategies and to provide the Corps the opportunity to offer comments
or suggestions on proposed strategies that might impact the exercise
of its responsibilities in the region. This focus on Plan implementation
was driven by Central’s application to the Corps for a Programmatic
General Permit.
The
Corps issued Central a Programmatic General Permit (General Permit
99-04) on July 29, 2001. For bank protection projects that meet
the eligibility requirements of this permit, Central is allowed
to issue Programmatic General Permits at the following lakes: Lake
McConaughy, Jeffrey Reservoir, Central Midway Lake, East Midway
Lake, Plum Creek Reservoir, and Johnson Lake. However, bank protection
projects whose shoreline length is greater than 300 feet for an
individual or 500 feet for a lake association, or are not located
at one of the eligible lakes listed above, will continue to require
a Permit to Construct from Central and an individual Section 404
permit from the Corps. For more specifics on which type of projects
are eligible for a Programmatic General Permit, see the copy of
General Permit 99-04 in Plan Appendix I. The Application form to
use for requesting a Programmatic
General Permit from Central is also included in Plan Appendix
I.
During
January 2000, Central met jointly with representatives of Dawson
and Gosper counties to present the land use maps and discuss implementation
strategies that specifically related to zoning and building regulations.
A meeting was also held with Lincoln County representatives, while
the Keith County Commissioners and representatives attended the
public meeting Central held in the western region at Lake Ogallala.
Subsequent
consultation efforts are described in Steps 6 and 7, below.
Step
5 – Balancing and Development of the Plan
After
receiving comments and suggestions from the agencies, local governments
and public, Central modified the land and shoreline use maps and
prepared and disseminated an initial Draft Plan for comment. All
comments and concerns were considered and balanced to the extent
possible in the initial Draft and successive pre-filing revisions
of the Draft Plan. A discussion of the resource topics raised and
the comments received during consultation appears in Section
8 of this Plan, and copies of written comments are included
in Plan Appendix II. In the discussion, comments are categorized
by resource topic and grouped by source (whether they were submitted
by state or federal agency or local government, were voiced by a
member or members of the general public, in writing or in a public
meeting).
Step
6 – Agency and Local Government Review
The
Draft Plan was sent to the agencies and local governments in June
2000 for review and comment, accompanied by a notice of the public
meeting dates. Central requested review and comment on the Draft
Plan from NGPC, USFWS, Corps, and Dawson, Gosper, Keith and Lincoln
Counties. Central revised the Draft Plan based on the comments and
suggestions, and provided explanations where requested changes were
not made to the Plan. The comments are included in Plan Appendix
II and discussed in Section
8.
Step
7 – Public Presentation of the Plan and Comment Period
Three
regional formal public meetings to receive comments on the Draft
Plan were held in June 2000. The meetings were advertised in local
newspapers and radio stations. Notice also was mailed directly to
all lessees. Copies of the Draft Plan were available for public
review before the meetings on Central’s Web site, at Central’s
Offices, and at public libraries, and copies were forwarded to the
lake associations. Central requested final comments on or by July
7, 2000. The public meetings were recorded, and the comments, both
oral and written, as well as Central’s response to them where
appropriate, are summarized in Section
8 and copies of the written comments are included in Plan Appendix
II.
Step
8 – Central Board Review
After
revisions to the Draft Plan were completed, it was presented to
Central’s Board of Directors for review and approval prior
to being submitted to the FERC.
Step
9 – Filing the Plan with FERC
Following
the approval of the Plan by the Central Board of Directors, the
Plan was submitted to the FERC for review and approval.
Section 3 - Shoreline Management
/ Responsibilities And Activities
A.
Central’s Responsibilities in Developing a Shoreline Management
Plan
As
discussed in Section 1 C of this Plan, Central’s FERC License
contains both specific and general provisions regarding Central's
responsibilities for management of Kingsley Project lands, shorelines
and water. Articles
421 and 422 appear in Plan Appendix I, and these provisions
are discussed in detail in Section 1 of this Plan.
Central’s
license also contains other general “standard” conditions
that impact Central’s land and shoreline management program
and practices. The complete
text of these articles is also included in Plan Appendix I.
Article
3 provides in pertinent part:
Minor
changes in project works, or in uses of project lands and waters,
or divergence from such approved exhibits may be made if such changes
will not result in a decrease in efficiency, in a material increase
in cost, in an adverse environmental impact, or in impairment of
the general scheme of development; but any of such minor changes
made without the prior approval of the Commission, which in its
judgment have produced or will produce any of such results, shall
be subject to such alteration as the Commission may direct.
Article
5 requires Central to:
Retain
the possession of all project property covered by the license as
issued or as later amended, including the project area, the project
works, and all franchises, easements, water rights, and rights or
occupancy and use; and none of such properties shall be voluntarily
sold, leased, transferred, abandoned, or otherwise disposed of without
the prior written approval of the Commission, except that the Licensee
may lease or otherwise dispose of interests in project lands or
property without specific written approval of the Commission pursuant
to the then current regulations of the Commission.
Article
18 addresses availability of Project lands and waters for public
recreation with this language:
So
far as is consistent with proper operation of the project, the Licensee
shall allow the public free access, to a reasonable extent, to project
waters and adjacent project lands owned by the Licensee for the
purpose of full public utilization of such lands and waters for
navigation and for outdoor recreational purposes, including fishing
and hunting: Provided, That the Licensee may reserve from public
access such portions of the project waters, adjacent lands, and
project facilities as may be necessary for the protection of life,
health, and property.
Article
21 reinforces the jurisdiction of FERC and the Corps over certain
activities within the Project Boundary:
Material
may be dredged or excavated from, or placed as fill in, project
lands and/or waters only in the prosecution of work specifically
authorized under the license; in the maintenance of the project;
or after obtaining Commission approval, as appropriate. Any such
material shall be removed and/or deposited in such manner as to
reasonably preserve the environmental values of the project and
so as not to interfere with traffic on land or water. Dredging and
filling in navigable water of the United States shall also be done
to the satisfaction of the District Engineer, Department of the
Army, in charge of the locality.
In
addition to these “standard articles”, the license contains
other specific license conditions, which are described below. The
complete text of each of these conditions appears in Plan Appendix
I.
As
noted earlier, Articles 420 and 421 require Central to provide habitat
for least terns and piping plovers (LT/PP)10.
Article 423 requires monitoring of endangered species and their
habitats, and Article 424 requires Central to participate in public
education programs, such as the operation of the eagle viewing sites
and least tern and piping plover programs. Article 425 requires
Central to implement cultural resources protection actions or activities
that are consistent with the "Programmatic Agreement"
entered into by the FERC, the Advisory Council on Historic Preservation,
and the Nebraska State Historic Preservation Officer for Managing
Historic Properties to ensure the protection of the historic and
culturally significant areas within the Project. Copies of the Programmatic
Agreement may be obtained on Central’s website (cnppid.com)
or by requesting it from Central’s main office.
B.
Central’s Shoreline Management Activities at Plan Inception
Increasing
national and regional interest in shoreline management and related
environmental issues over the last several decades has resulted
in heightened public focus on these aspects of land ownership and
development for both public and private entities. Similarly, Central
has placed increased priority over time on appropriate management
of project lands and waters, including the project shoreline. FERC,
too, has responded to this issue by imposing land management or
shoreline management plan requirements in virtually all new licenses.
At
the time this Plan was initially submitted to FERC for approval,
Central’s shoreline management activities generally involved
a "Permit to Construct" approval process for construction,
shoreline disturbance, or other activities on lands within Central’s
Right of Way. Central anticipates formalizing the process upon approval
of this Plan. The majority of broader scope shoreline management
responsibilities have typically been implemented through long-term
leases with lake associations or state agencies. In some cases,
lake associations executed these leases. The provisions of those
leases generally obligate the lake association to establish a management
group or board responsible for ensuring each home or cabin resident
complies with the terms and conditions of the lease, both on their
own site and in common areas.
In
1999, Central executed a long-term lease with the NGPC for wildlife
management (WMA’s) on Project lands. Central is currently
negotiating a long-term lease with NGPC for public recreation on
lands at Lake McConaughy and Lake Ogallala, and anticipates formally
executing that lease in late 2000. The terms of the recreation use
lease will specify that the NGPC also has responsibility11
for subleases and management of recreation concessionaire use on
Lake McConaughy lands. The basic provisions of these leases are
described below.
Central
has also executed leases with individuals and organizations for
agricultural uses such as farming and pasture, as well as for uses
for golf course and meeting facilities. The general provisions of
these leases are also described below. Central contemplates that
it will continue to engage in such leases under appropriate circumstances,
and future leases will contain provisions that effectively implement
the approved Shoreline Management Plan.
1.
NGPC/Central Recreation Lease -- Lake McConaughy & Lake Ogallala
This
lease between the NGPC and Central is for recreational use of Lake
McConaughy and Lake Ogallala lands. The lease also authorizes NGPC
to sublease to concessionaires.
The
NGPC has designated these lands as SRA's. Central does not charge
any fee to NGPC for this lease. NGPC requires a fee-paid Park Entry
sticker for access to the designated SRA's, and the entrances to
such areas are signed. NGPC charges additional fees for camping
facilities and special use permits. All fees collected by the NGPC
are used for SRA facility operation and maintenance. The lease specifies
that it pertains only to the surface use of the land, that NGPC
must maintain the recreation areas in good condition, that the uses
and rights conveyed are subordinate to use and rights of Central
and subordinate to all FERC rules and regulations, and penalties
for termination for breach of lease.
2.
NGPC/Concessionaires Sublease -- Lake McConaughy
NGPC
charges concessionaires a rental fee under the terms of its sublease.
The sublease also enumerates goods and services that the concessionaire
must make available for sale on the site, including:
·
Food, refreshments and related items,
· Sporting goods, fish bait and related items,
· Motor boat fuel and lubricants,
· Camping and picnic supplies, and
· State hunting, fishing, trapping and Park permits and Habitat
stamps.
The
subleases also identify other goods and services, which a concessionaire
may elect to provide on the site, with prior written permission
from NGPC. These include:
·
Boat motor and related item sales or rentals,
· Service, repair and maintenance of privately owned watercraft,
· Boat transportation of passengers for hire,
· Dry storage facilities for watercraft, trailer and related
equipment,
· Seasonal mobile home site rentals,
· Overnight camping site rentals with 14 day limit,
· Vacation cabin rentals,
· Boat, motor, and related item rental
· Sale and rental of boat docks and lifts.
The
concessionaire is required to conduct all aspects of operations
and business in a manner acceptable to the NGPC and in accordance
with best business practices. The concessionaire is obligated to
treat customers in a polite, respectful, responsive and non-discriminatory
manner. The sublease also requires the concessionaire to provide
and maintain electric service, water facilities, toilets, sewage
and garbage disposal facilities.
Additional
items within the sublease relate to:
·
Liability
· Site and structure maintenance requirements
· Reasonable hours of operation
· Fire fighting
· Construction specifications
· Lease term extension
· Lease termination.
3.
NGPC/Central State Recreation Lease – Gallagher Canyon Lake,
Plum Creek Canyon Lake, Johnson Lake Inlet, Johnson Lake Outlet,
and East Phillips Lake
This
is a 99-year (expires September 26, 2044) lease for tracts of land
adjacent to the noted reservoirs at no charge to NGPC. There are
no provisions in the lease permitting NGPC to sublease the property.
The Lessee must improve and maintain the tracts of land, designated
as SRA’s, for recreation purposes for the term of the lease.
NGPC requires that visitors to these sites, which provide public
facilities for camping, boating, and fishing, obtain a park entry
permit
4.
NGPC/Central Wildlife Management Area Lease
This
lease addresses NGPC’s utilization of lands along Central’s
system as WMA’s. The 25-year lease, executed August 27, 1999,
authorizes NGPC to use the following areas:
·
Clear Creek Wildlife Management Area – Lake McConaughy –
6,118 acres
· Boxelder Canyon Wildlife Management Area – Boxelder
Canyon Lake – 26 acres
· Jeffrey Wildlife Management Area – Jeffrey Lake –
4.6 acres
Central
does not charge NGPC for leasing these parcels. However, NGPC does
pay Central a nominal use fee for agricultural land that NGPC subleases
to local farmers within the Clear Creek WMA. These agricultural
lease fees are based on Central’s usual fees for private agricultural
use of its property.
5.
Central/ Lake McConaughy Lessees, Inc. – Cabin Lease
Central
has entered into a master lease with Lake McConaughy Lessees, Inc.
(LMLI) for the purpose of managing and subleasing the cabin lots
in the K-1, K-2, K-3 and K-4 cabin areas on Lake McConaughy. The
lease provides for an annual rental fee and stipulates that authorized
use of the cabin lease land area is strictly for recreational use,
and that no commercial, business or industrial use of the land will
be permitted. The lease does not have a specific termination date,
but does include a clause requiring thirty years notice prior to
cancellation. Lease terms also provide that the lease may also be
cancelled by Central if it is necessary for Project operations or
for breach of the lease terms. Pursuant to the terms of the Master
Lease, Central has established a "two tier" rental system
that distinguishes between lots that are immediately adjacent to
the main lake and lots that are not. The lease prescribes the required
height above the high water line for permanent construction and
includes requirements for in-water facilities and/or boathouses.
The individual site Lessee is responsible for maintaining the property
and structures, and LMLI is responsible for trash removal from all
four residential areas. LMLI enters into individual subleases with
each cabin owner. The subleases are modeled directly from the master
lease.
6.
Central/Midway Wildlife and Recreation Club – Cabin Lease
This
lease is between Central and the Midway Wildlife and Recreation
Club (Corporation), which is the lake association for the cabins
constructed on Central’s property on Midway Lake. This lease
may be terminated for Project operational purposes upon written
notice to the Corporation allowing a "reasonable" time
period for removal of the homes and structures. Pursuant to its
terms, the Corporation may sublease the individual lots as designated
for residential cabins. The Corporation and Central must both approve
any development or construction and any changes to the shoreline
on the individual lots. The lease further specifies that the officers,
directors and/or authorized personnel of the Corporation are responsible
for enforcing the regulations of the lease and for making and enforcing
any additional rules or regulations deemed necessary for the management
of the entire leased area. At the time this Plan was submitted to
FERC, lawsuits were pending: 1) In the Nebraska Court of Appeals,
regarding Central's ability to charge a reasonable lease fee for
the use of lots within Central's right-of-way, and 2) In the District
Court of Lincoln County, challenging Central's exercise of requirements
for Permits to Construct within the Project Boundary at Jeffrey
and Midway Lakes.
7.
Central/Jeffrey Lake Development, Incorporated – Cabin Lease
Aside
from the property description, this lease is virtually identical
to the Midway Wildlife and Recreation Club lease described above.
At the time this Plan was submitted to FERC, lawsuits were pending
1) In the Nebraska Court of Appeals regarding Central's ability
to charge a reasonable lease fee for the use of lots within Central's
right-of-way and 2) In the District Court of Lincoln County challenging
Central's exercise of requirements for Permits to Construct within
the Project Boundary at Jeffrey and Midway Lakes.
8. Central/Johnson Lake Development Incorporated, including Plum
Creek Cabin Owners
On
Johnson Lake and Plum Creek, Central typically enters into an individual
lease with each cabin owner. Although no termination dates are specified,
there is a thirty-year cancellation clause, and leases may be cancelled
earlier if necessary for project operational needs or for breach
of the lease terms. The leases contain provisions for annual rental
fees and specify that the cabin area is strictly for recreational
use. No commercial, business or industrial use of the land is authorized
or allowed. For this area, Central has established a "five
tier" rental system, which classifies lots based upon distance
to the lake and view. Any and all construction on the leased lots
must meet Central’s requirements and be approved in writing
prior to initiation of construction. Central has entered into a
"Management Agreement" with the Johnson Lake Development,
Inc. (JLDI). Pursuant to this Agreement, the JLDI serves the functions
of a property management company, including: mowing common areas,
trash removal, maintaining a directory of lake residents, assisting
in lot surveys, resolving disputes between cabin owners, and maintaining
911 emergency access notification addresses. JLDI is also the lake
association for both Johnson Lake and Plum Creek Canyon Lake.
9. Central/Johnson Lake Concessionaires
Central
has individual leases for each Concessionaire on Lake Johnson. These
leases are generally for a five-year term and are renewable for
an additional five years. The leases have a six-month cancellation
clause, within which time the concessionaire must remove their facilities.
Each lease contains specific requirements concerning construction
of facilities, site use, handling of hazardous wastes and sanitary
facilities. Each lease also specifies shoreline or waterfront use
and maintenance requirements. Consistent with FERC license requirements,
the leases also state that the Lessee must operate and maintain
the facilities for the protection of the scenic, recreational and
environmental values of Lake Johnson. The leases specify the commercial
activities and goods and services authorized for a site as including,
but not limited to:
·
Overnight camping and RV sites
· Boat, motor and related item rental
· Food, refreshment and related item sales
· Sporting goods, fish bait and related item sales
· Motor boat fuel and lubricant sales
· Camping and picnic supply sales
· State hunting, fishing, trapping and Park permit and Habitat
stamp sales
· Sale of beer, wine and liquor for on-site consumption
· Sale of beer, wine and wine coolers for off-site consumption
only
· Mobile home sites and vacation cabins
· Any other use consistent with Tenant’s current operation
with prior approval
10. Central/Farm and Agricultural leases
Central
owns several small tracts of land, ranging from approximately 1
acre to 142 acres in size, that are leased, at a fee, directly to
individuals for dry land farming, irrigated farming and/or pasture.
The annual rental charges are consistent with the fair market values
in the area, as determined by the Central Board of Directors. The
typical term for this type of lease is three years. Lessees are
responsible for fencing, noxious weed control, waste, and any damage
to the property. The leases are expressly subject to Central’s
operational needs and to the right of the public generally to enter
upon the leased land in the vicinity of the lakes, canals, and waterways
for recreational purposes, without charge.
11.
Specific Use Leases
These
leases allow for various specific uses to occur on lands that Central
has leased to federal, state or local units of government, individuals,
organizations, or businesses inside Central's Right of Way. Leases
in this category at the time the Plan was submitted authorized the
following uses.
·
"Golf Course"
· "Airstrip"
· "Emergency Medical Services" and "Emergency
Warning System"
· "Meeting Facility"
These
leases stipulate that public access must be provided, the type of
facilities and structures that may be built on the property, and
other requirements and conditions pertinent to the specific authorized
use.
Section 4 - Land and Shoreline
Use
This
section defines land use classifications, provides a brief physical
description of each area of the Project, and identifies the land
and shoreline uses on the Land and Shoreline Use Maps as they existed
when the land and shoreline inventory was conducted in Fall, 1999
(See Section 9 for
maps). This section also identifies potential outside influences
on land use or management, existing development opportunities and
constraints, and describes the process for requesting a change in
use of lands within Central’s Right of Way.
A.
Land Use Classifications
The
following land use classifications were developed to categorize
areas of Central’s land and shoreline. This unique set of
classifications describes the distinctive land use and ownership
patterns found in this Project. This section includes only the description/definition
of the land use categories. Land Use Maps and descriptions applying
these categories to the actual parcels of land within Central’s
Right of Way are found in Section
9 of this Plan, while the identified recreation uses are found
in the Recreation Use Report, Section
7.
"Concessionaire"
– Includes those areas where either Central or the NGPC has
leased or subleased land for the provision of public commercial
recreational services.
"Open
Space" – Includes all of those areas within Central's
Right of Way that are open to public recreational access and are
not designated for a specific recreational use, such as a state
recreation area.
"Outside
FERC Project Boundary" – This designation on the Land
Use Maps refers to properties that lie outside the FERC Project
Boundary that may be owned by Central or by private individuals.
Their use may impact the lakes.
"Overlay
Zones" – Overlay zones are classifications that overlay
the existing land use of a site. Overlay zones generally indicate
either a specialized use or protection of a land area for a specific
reason and may imply an additional layer of regulation. The overlay
zones shown on the land use maps include the Future Development
Shoreline Facility/Services, Species Protection Zone, Day Use and
Non-Motorized Vehicle Areas.
"Future
Development Shoreline Facility/Services" - Areas likely, based
upon the best available current information, to be considered for
development of commercial or community marina or other facilities.
The designation is used to highlight areas where potential future
development outside the Project makes it likely that development
of commercial or community marinas or other facilities may be sought,
and to identify areas where development may impact or conflict with
the management of lands within the Project. Designation does not
imply approval or exempt a developer from the requirements of the
Permit to Construct and Permit for Access approval processes, or
from any Species Protection Zone protections. No new areas will
be designated as “Future Development Shoreline Facility/Services”
without prior FERC approval.
"Species
Protection Zone" – This designation is an overlay zone,
to be applied to land areas that merit special protection due to
the presence of endangered, threatened or significant plant or animal
species and/or their habitats. Regulations regarding the use of
or development near, this designation will be developed through
agency consultation subsequent to FERC approval of this Plan. Regulation
requirements may range from general to very specific based on the
species concerned and its use of the area. Additional Species Protection
Zones may be designated on a temporary or permanent basis. No new
areas will be permanently designated as “Species Protection
Zones” without prior FERC approval. Temporary designation
is a tool for providing immediate, short-term protections for endangered
species and does not require prior FERC approval.
“Day
Use Area” - Areas designated as not available for overnight
use. The Day Use Area overlay will be used on an "as needed"
basis to address protection of specific areas for habitat, species,
or cultural resources, conflicting land use issues, and other needs
as they arise. The temporary “Day Use Area” designation
is a tool for providing immediate, short-term protections for endangered
species and does not require prior FERC approval.
“Non-Motorized
Vehicle Areas” - Areas accessible only on foot or by non-motorized
vehicle. The Non-Motorized Vehicle overlay will be used on an “as
needed” basis to address protection of specific areas for
habitat, species, or cultural resources, conflicting land use issues,
and other needs as they arise. The temporary “Non-Motorized
Vehicle Areas” designation is a tool for providing immediate,
short-term protections for endangered species and does not require
prior FERC approval.
"Project
Works" – This designation includes areas occupied by
the dams, powerhouses, and other structures that are essential to
Central’s operations and to which, due to safety, operational,
or other constraints, public access may be legitimately restricted.
"Residential"
– This designation includes areas of existing residential
development either within or adjacent to Central's Right of Way.
B. Lake McConaughy
1.
Physical Description
Lake
McConaughy, 21 miles long and up to 4 miles wide, is the largest
of the lakes in the Project, with 30,500 surface acres and 76 miles
of shoreline. (For comparison, Johnson Lake, the largest lake on
the canal system, has 2,500 surface acres.) The Lake McConaughy
area includes the most diverse physical terrain and land and recreation
uses. (See Land
Use Map "A" in Section 9.)
The
western portion of Lake McConaughy is shallow, with the North Platte
River moving in winding streams through a vast wetland area. The
lake reaches its maximum depth of 135 feet near the control structure
of Central’s project. The dam is three miles long and forms
the eastern border of the lake. The east-west orientation of the
lake, with wetlands on the west and the dam to the east, has forced
development and lake access and recreation areas to occur along
the north and south shores.
The
north shore of Lake McConaughy is dominated by grassy sand hills.
The grasses that cover the sand hills hold much of the sand in place,
but the absence of grass on sections of the lakeshore exposes fine
white sand beaches. Cottonwood trees line sandy beach pockets along
the shoreline.
Approximately
five miles of the south shore of the lake, beginning at the dam,
is bordered by high steep clay bluffs. The bluffs have been sculpted
by wind and waves into steep cliffs with unusual formations. Houses
can be seen resting atop these dynamic formations. As the bluffs
gradually decrease in height, terrain becomes similar to that of
the north shore, with sandy grassland, rocky outcrops, and occasional
sand beaches. As with the north side, this sandy terrain gradually
gives way to the mature wetland of the Clear Creek WMA.
2.
Land Uses at Plan Inception
Lake
McConaughy supports diverse land uses along the shoreline, including
residential development, fully developed campgrounds, primitive
camping, commercial marinas, and a wildlife management area, as
shown on Land
Use Map "A." One of the distinctive features of the
north side of the lake is the railroad track that runs parallel
to the entire north shoreline of the lake. The majority of the recreation
and concessionaire development lies between the water’s edge
and the railroad. Road access to the north shore is via Highway
92, which also runs parallel to the lake, but direct road access
to the water’s edge is limited by the railroad tracks. Central's
ROW generally extends to the railroad right-of-way, except in two
areas. These areas are occupied by private residential subdivisions,
and are shown (pink) on the Land Use Map. Three small cabin-lease
areas lie within the Project Boundary on the north side of the lake.
One is located adjacent to the wildlife management area (green stripe),
the second is just west of North Shore Marina near the middle of
the lake, and the third occurs in the cove closest to the dam. The
only other leased residential site within Central's Right of Way
is located near the dam on the south side of the lake.
Central
has leased the remainder of its property around the lake to NGPC.
The NGPC manages these lands either for public recreation (red)
or for wildlife management (green stripe). The wildlife management
area is the Clear Creek Wildlife Management Area. As authorized
by its lease with Central, the NGPC has subleased land for compatible
agricultural purposes inside this area. The recreation areas managed
by NGPC on the north shore range from primitive camping sites with
no amenities to fully developed campgrounds with paved camper pads,
electric and water hook-ups, restroom/shower buildings with hot
water, and facilities accessible to the disabled. On the south shore,
there is a narrow band of land between the water’s edge and
Central's Right of Way. There is limited road access to the water’s
edge via Highway 26, which lies anywhere from two to five miles
from the shoreline. The area between Highway 26 and the water's
edge is pasture and farm land. As a result of the narrow strip of
available land and the lack of road access, fewer NGPC recreation
facilities have been provided on the south shore of the lake.
NGPC
subleases parcels of its leased recreation land to private concessionaires
who operate recreation-related businesses around the lake (orange
on the map). There are five concessionaires on the lake: three on
the north shore, the fourth by the dam, and the fifth in the middle
of the south shore. A sixth concessionaire operates a restaurant
located on the hill above the dam in the Project Works section of
the map (this site is too small to appear on the Land Use Map) pursuant
to its lease with Central. Other businesses are located near Central's
property. Most of these businesses are clustered near the intersection
of Highways 92 and 61, just north of the lake. Others, including
several restaurants and stores, are located at intervals along Highway
92. Some of these are seasonal and are open only during the summer
months.
The
Project Works area (gray), located at the eastern end of the lake,
includes Kingsley Dam, the powerhouse, offices, maintenance buildings,
emergency spillway and other structures necessary for Central’s
operations in the area. Housing for Central employees is also located
in this area, as is the concessionaire restaurant mentioned above.
A few small residential subdivisions are located on private property
on the hills above both sides of the lake. Otherwise, these hills
contain a random scattering of individual homes.
3.
Potential External Influences on Project land Use or Management
At
the time this Plan was initially developed there were four large
residential subdivisions at various states of development, adjacent
to, but outside Central's Right of Way on Lake McConaughy, which
may impact Project land use and/or management. These developments
may have significant impacts on surrounding land use, result in
changes in traditional recreation uses within the Project in these
areas, and affect the wildlife habitat both inside and adjacent
to the Project. These areas are shown on the Land Use Map as red
vertical stripes. The four developments indicated interest in obtaining
water access across Central's Right of Way for their residents,
with the requests varying from a boat ramp with a few docking areas
to a full service marina. Two of the subdivisions proposed to provide
golf courses, and one of these two subdivisions began construction
of its golf course in 1999.
4.
Development Opportunities
The
area on the north side of the lake, between the railroad tracks
and the water’s edge is "fully developed," with
either residential, recreational, or wildlife management use. However,
beyond Central's Right of Way, the sand hills across Highway 92
are experiencing intensified residential development, as mentioned
above. Additional future development in this area is possible. The
residents will have access to the lake via railroad crossings and
the recently improved interior park roads provided by the NGPC along
much of the north shore. There are wide expanses of land outside
of, but adjacent to Central's Right of Way available for development
on the south side of Lake McConaughy. Central's Right of Way is
fairly narrow, and with the steep banks along much of the land outside
of the Clear Creek WMA, very little additional land inside the Project
Boundary is available for future development.
5. Development Constraints
Several
circumstances constrain development around the lake. Access to the
lake is limited to (7) seven crossings of the two sets of parallel
railroad tracks along the north shore of the lake. The Union Pacific
Railroad has proposed installing a third set of tracks along this
stretch, which would significantly increase the already heavy use
of these tracks.
Due
to the geology of the area, the availability of an adequate supply
of fresh drinking water for potential developments proposed on the
south side of the lake is a concern. Providing enough water for
drinking, fire protection and wastewater treatment plants is an
issue that will become increasingly important as residential density
increases.
A
significant environmental constraint to development along the shoreline
is the presence of nesting sites for the endangered least tern and
piping plover. Areas of the lake with nesting sites have been designated
as Species Protection Zones and are indicated on the Land Use Map
(see Section
9) by black lines. Since there is limited tree cover on the
lake, bald eagle use of the lake is random and sporadic, and no
areas of the lake have been designated for bald eagle habitat protection.
There are also several sites of cultural or historical resource
significance covered by the Cultural Resource Management Plan for
the Project, which is also part of the FERC license obligation.
The
Day Use Area and Non-motorized Vehicle Area overlays will be used
on Lake McConaughy on an "as needed" basis to address
protection of specific areas for habitat, species, or cultural resources,
conflicting land use issues, and other needs as they arise. New
developments requesting access to the lake may be required to implement
specific mitigation requirements before authorization will be granted.
(See Section
5.E.)
The
erosion of the high cliffs, caused by the prevailing winds and wave
action on the south side of the lake, constitutes an additional
development constraint. Individual docks will not be permitted in
areas where erosion has or is anticipated to occur. Any developer
requesting access for new residential developments adjacent to the
lake must submit proposals for joint use facilities, such as boat
docking facilities or “commercial residential” access
to the lake, which will require prior approval from Central, NGPC,
and also may require approval from FERC, pursuant to the terms of
Central’s License.
6. Process for Review and Approval of Proposals for Development
or Change in Use
Development
on property adjacent to Central's Right of Way on Lake McConaughy
is already occurring. At the time the Plan was submitted to FERC
for approval, four known proposals for development adjacent to the
project on the south side of the lake were in the preliminary stages
of development, with one of the residential golf courses under construction.
Central requested that these developers defer requesting recreational
access to the lake across Central's Right of Way until the Plan
is implemented.
Several
criteria will be evaluated for each development. The initial review
of requests for access will include the evaluation of the environmental,
cultural, and physical characteristics of the lands within Central's
Right of Way and the lake areas to be impacted. The size and scope
of the development and the proposed facilities will be evaluated.
If the request is for structures or facilities that are beyond the
scope of Central’s delegated authority to approve under the
terms of its FERC license, Central will prepare12
and forward an application including its own recommendations on
the request, and the results of consultation with the appropriate
agencies, to FERC for approval. If the request is for less than
ten slips, but is part of a commercial venture, such as a boat rental
business, FERC approval is required. Consultation with other federal,
state and/or local entities, as well as other permits also may be
required before the application can be submitted to FERC for approval.
Developers
are advised to discuss their proposals with Central well in advance
of platting the land. In many cases, pre-filing consultation with
interested agencies may be required, and additional requirements
may be a condition of a proposal’s approval. Prescribed measures
may entail any number and/or types of activities, including but
not limited to, additional setbacks (from Central's Right of Way)
to ensure the protection of an endangered species, the safety of
the residents of the development, and erosion control measures.
C.
Lake Ogallala
1.
Physical Description
Lake
Ogallala lies below Kingsley Dam and was created when sand was pumped
from the riverbed to form the downstream side of the Dam. (See Land
Use Map "B" in Section 9.) The lake is relatively
shallow, covers 650 surface acres at full capacity and has approximately
four miles of shoreline within Central’s Project Boundary.
Only the "north-south" or the "western half"
of the lake is within the Project. The eastern arm of the lake is
part of the Nebraska Public Power District’s FERC Project
1835, as shown on the map. Because Lake Ogallala is fed by cold
water drawn from the bottom of Lake McConaughy, the lake has gained
the reputation of being one of the finest trout fishing sites in
Nebraska. Aeration measures have, however, been initiated to ensure
sufficient dissolved oxygen to meet state water quality standards.
2.
Land Uses at Plan Inception
The
majority of the Lake Ogallala shoreline has been developed as an
SRA and is maintained by the NGPC (red on the map). An eagle viewing
center constructed by Central, just east of the Kingsley Hydroelectric
plant, is a popular attraction from mid-December through February,
since large numbers of bald eagles come to feed on fish in the open
water flowing through the Kingsley generating facilities. A point
of land extending into the lake on the eastern shore contains a
small grove of trees used by bald eagles for perching and roosting.
The area across from the point is a mature wetland and has been
left by the NGPC in its natural state (red stripe). Both of these
areas have been designated on the Land Use Map as species protection
zones (black stripe). One small area of residential development
(pink) exists adjacent to the lake outside Central's Right of Way.
Recently a fishing pier accessible to the disabled and a bridge
were added at the north end of the lake.
3.
Potential Outside Influences on Project
The
entire shoreline of Lake Ogallala within Central's Right of Way
is designated for uses either as “Project Works” or
an SRA. No additional development is expected near the lake for
the foreseeable future.
4.
Development Opportunities
There
is no additional land within Central's Right of Way available for
future development on Lake Ogallala and no proposed changes of use
were known at the time the Plan was submitted to FERC for approval.
5.
Development Constraints
There
are two Species Protection Zones on Lake Ogallala (black stripe).
The first zone is in the wetland area managed by the NGPC; the second
is on the point of the southern shore of the lake within the Project
Works area. Bald eagles use tree cover on the point as perch and
roost sites, particularly during the winter months. The land area
necessary to ensure the integrity of project operations limits future
development in a fairly large area of the lake shoreline.
D.
The Supply Canal System / Lincoln County
1.
Physical Description
Central’s
Diversion Dam is located below the confluence of the North Platte
and South Platte Rivers and east of the town of North Platte in
Lincoln County, approximately 50 miles downstream of Lake McConaughy.
The Diversion Dam diverts Platte River flow into the 75-mile long
Central Supply Canal, which flows east through Lincoln, Dawson,
and Gosper Counties and then empties back into the Platte River.
The Supply Canal incorporates 27 dams and impoundments and three
18-Megawatt hydroelectric power plants (Jeffrey, Johnson No. 1,
and Johnson No. 2). First opened in November 1940, the Supply Canal
is in good condition. Central regularly monitors the canal and repairs
areas as needed throughout the system.
Within
Lincoln County, the Supply Canal originates in the flat Platte Valley
bottomland, and crops are often planted adjacent to the canal and
Central's Right of Way. As the canal flows between the loess hills
south of the Platte River, deep canyons and steep banks characterize
the land. As the construction crews moved across the area, dams
were often built across the north ends of the canyons, creating
the canyon lakes.
2.
Land Uses at Plan Inception
Central
allows public access to the banks and waters of the Supply Canal
system for fishing and wakeless boating. Bridges cross the Supply
Canal; several are associated with county and state roads, and the
others provide access for landowners on both sides of the canal
or to Central’s canal maintenance road. Other than a bridge,
dam, siphonic spillway, water gate, irrigation pump, or other irrigation-related
structure, no structures are permitted along the canals. Recreation
uses include fishing, hiking, and canoeing on the canal. Several
small agricultural leases for crops and pastureland are in this
reach of the canal.
There
are nine lakes on this stretch of canal between the diversion dam
and Jeffrey Reservoir. The lakes differ only in size and accessibility.
This part of the Plan will focus only on those lakes with surface
areas greater than 20 acres and which are publicly accessible by
land. The canyon lakes support diverse recreational activities,
such as fishing and boating. However, land-based activities such
as nature photography, hiking, hunting, and picnicking are more
common due to the size and steep slopes of the banks.
Boxelder
Canyon Lake is a small lake, only 22 surface acres, with adjacent
road access. (See Land
Use Map "C" in Section 9.) Except for the area adjacent
to the road access, steep banks surround the remainder of the lake.
Central has leased lands adjacent to the lake and inside Central's
Right of Way to the NGPC for a wildlife management area (brown).
There is also an agricultural lease (yellow) inside Central's Right
of Way. There are no facilities adjacent to or within the lake.
Cottonwood
Canyon Lake has 33 surface acres and direct road access from Highway
S56A. (See Land
Use Map "D" in Section 9.) One gravel public-access
boat ramp is provided at the lake and the dove and waterfowl hunting
are popular activities. There are two agricultural leases (yellow)
within Central's Right of Way.
Snell
Canyon Lake is a slightly larger lake, with 53 surface acres. (See
Land
Use Map "E" in Section 9.) This lake is long and narrow,
and the steep banks forming the shoreline make access difficult.
There are no developments or recreation facilities on the lake.
3.
Potential Outside Influences on Project
Some
areas of the Supply Canal system, particularly those areas with
the high steep banks, are highly susceptible to erosion. While Central
does not currently limit public recreational use, these areas will
be monitored and if excessive use results in additional erosion
or slumping, limitations on use or consideration of other options
may be necessary.
4. Development Opportunities
Due
to the small size and shallow water of these lakes, no improvements
are proposed. There are no opportunities for future development
for residential use within this portion of Central's Right of Way
within Lincoln County and no changes in use were proposed at the
time this Plan was submitted to FERC for approval.
5.
Development Constraints
As
mentioned above, the development constraints on the lakes in this
area are their generally small size, steep banks and shallow waters.
Access is an additional constraint at some of the lakes, which are
accessible only on foot or by canoe.
E.
Jeffrey Reservoir
1.
Physical Description
Jeffrey
Reservoir, with 575 surface acres and 25 miles of shoreline, is
the westernmost impoundment along the Supply Canal with waterside
residential development. (See Land
Use Map "F" in Section 9.) This reservoir is long,
with numerous land arms of varying sizes extending into the lake,
and steep hillsides rising from the water. The northern end of the
reservoir has been subject to deposition from the eroded shorelines,
as well as sedimentation from the Supply Canal as the water slows
upon entering this lake.
2.
Land Uses at Plan Inception
The
Public Works area (gray), on the north end of the lake, incorporates
the dam and powerhouse area, a permanent boat dock facility, several
small residences and one large structure that is used by Central
for conferences and meetings. Employees of Central may reserve these
facilities as well. South of this area the NGPC leases a WMA (brown)
that currently has a boat ramp, a pit toilet and several primitive
campsites. The remainder of the land use around the shore is either
Residential (pink & purple) or Open Space/Pasture (light, medium,
and bright greens). (Note: The color tones indicate whether the
land is inside or outside the FERC Project Boundary and whether
within or outside Central’s ownership or “Right of Way”.)
Jeffrey
Reservoir’s residential development is located at the northwest
corner adjacent to the dam and along much of the southeastern shore.
Cabin areas and the WMA are accessible by Highway L56D and county
roads. While most housing is located on lands owned by Central,
whether homes are actually located within or outside of the Project
Boundary depends on their location in relation to the contour lines
that define the boundary in this area. On the western shoreline,
Central owns a significant amount of land outside the Project Boundary
(medium green). Four agricultural leases located on the north, west
and southern limits of the reservoir also lie within the FERC Project
Boundary. The shoreline on the west is almost inaccessible due to
steep bluffs rising from the shoreline and lack of roads. However,
these conditions do not preclude waterfowl hunting in this area,
and many private waterfowl blinds can be found on the west edge
of the lake.
3.
Potential Outside Influences on Project
Except
as described below, there are no proposed changes in land use or
management of properties within Central's Right of Way on Jeffrey
Reservoir.
4.
Development Opportunities
Two
areas of the Jeffrey Reservoir have been designated for future development
(vertical stripe). A small area at the northwest end of the lake,
adjacent to private property, may be developed as a water access
point for use by cabin owners in that area. This cove area may not
be suitable to provide individual docks or shore stations for all
of the homes. Only one or two docks, or a community dock, may be
permitted if, and when, development occurs in the area. That determination
will be made based on the regulations effective at the time. The
larger area proposed for future development on the eastern shore
is reserved by Central for possible recreation use, although no
development was proposed at the time this Plan was submitted to
FERC for approval.
5.
Development Constraints
One
of the major constraints to development on Jeffrey Reservoir is
the lack of access. No public roads reach within one mile of the
western lakeshore. Sedimentation has occurred in the northern portion
of the reservoir. Central has discussed a dredging operation for
this area with local residents, but has never proceeded, as potential
environmental impacts and costs outweighed benefits at the time.
6. Process for Review and Approval of Proposals for Development
or Change in Use
Any
proposed development requesting lake access will be subject to an
application process, to be developed in consultation with the agencies
and local governments upon FERC approval of the Plan. Any development
proposal or any request for lake access will be required to meet
the development review criteria discussed in the Implementation
Section of this Plan, Section 5.
F.
The Supply Canal System / Dawson County
1.
Physical Description
Dams
built across the north ends of the canyons also created the series
of canyon lakes in Dawson County. These lakes vary in size, accessibility
and facilities. While there are ten lakes on this stretch of canal,
this report will focus on Hiles Canyon Lake, the Midway Lakes and
Gallagher Canyon Lake. The smaller lakes in this chain have no facilities
or development and are designated for wakeless boating only. There
are no plans to add any facilities to these lakes. As with most
of the lands and waters within Central's Right of Way, these lakes
are open for public recreational use, although access may be only
on foot or by canoe.
2. Land Uses at Plan Inception
Hiles
Canyon Lake has 19 surface areas and is easily accessible by an
adjacent road, which parallels this long, narrow lake. (See Land
Use Map "G" in Section 9.)
The
Midway Lakes may be considered six lakes, although only West Midway
Lake, Central Midway Lake and East Midway Lake are labeled on Land
Use Map "H" (Central, Recreation Resources and Facilities,
1991).
West
Midway Lake, with 116 surface acres, is very shallow and is used
mostly for hunting, fishing and more passive types of recreation.
Access to this property is limited, as the only unimproved road
access is through private property. The adjacent property owner
leases some trailers on the private property near the lake.
Central
Midway is the largest of these lakes, with 341 surface acres and
convenient road access to several sections of the lake. There are
two leased residential developments (purple) inside the Project
Boundary. Recently, individual homes have been built near the shore
on private land that abuts Central's Right of Way. Central has not
proposed development in the area, nor has any outside developer
approached Central about potential development in the area. Camp
Comeca is a Methodist camp that occupies an area near the east side
of Central Midway Lake on private land. The Camp is quite popular
and has several facilities, including a new hotel-style building,
large gymnasium, indoor swimming pool, large dining hall, chapel
and other structures and outbuildings. While the Camp does not have
direct lake access, Camp Comeca uses the lake for many of its activities
and programs.
East
Midway Lake, as shown on the Land Use Map, appears as two lakes
connected by a short span of canal. The western lake is approximately
82 surface acres, and the smaller, adjacent lake contains 22 surface
acres. The western lake has one small area of leased residential
cabins (purple) that are located within Central's Right of Way on
the north edge of the lake. The high steep slopes of the lakeside
areas constrain development. Development of Project lands is not
proposed by Central, nor has any outside entity approached Central
about potential development in the area. Recently an adjoining landowner
requested and received permission from Central to construct a retaining
wall and boat dock. Due to the height of the steep lake bank, the
property owner constructed an electric conveyor platform to access
the boat dock. Although the height of these steep slopes discourages
most access, development along the shore on private property in
this area may continue.
3.
Potential Outside Influences on Project
Some
areas of the Supply Canal system, particularly those areas with
high, steep banks, are highly susceptible to erosion. While Central
does not currently limit public recreational use, these areas will
be monitored, and if excessive use results in further erosion or
slumping, limitations on use or consideration of other options may
be necessary.
Due
to the small size and shallow water of these lakes, no improvements
are proposed.
4. Development Opportunities
There
are no residential development opportunities within Central's Right
of Way available on this part of the Supply Canal system within
Dawson County, and no known changes of use were proposed at the
time this Plan was submitted to FERC for approval.
5.
Development Constraints
The
development constraints in this area are the small size of the lakes,
steep banks, and shallow water. Lack of convenient access is an
additional constraint at a few of the lakes, which are accessible
only on foot or by canoe.
6.
Process for Review and Approval of Proposals for Development or
Change in Use
Any
proposed development requesting lake access will be subject to an
application process, which will be developed in consultation with
the agencies and local governments upon FERC approval of this Plan.
Any development proposal or any request for lake access will also
be required to meet the development review criteria discussed in
the Implementation Section of this Plan (Section
5).
G.
Gallagher Canyon Lake
1.
Physical Description
Gallagher
Canyon Lake has 182 surface acres of water and 15 miles of jagged
shoreline, including one mile-long arm. (See Land
Use Map "I" in Section 9.)
2.
Land Uses at Plan Inception
The
NGPC has leased land within Central’s Right of Way for an
SRA (red). This SRA is forested with evergreen and cottonwood trees
and features primitive camping sites, a boat ramp, grills, toilets,
and playground equipment. Fishing and canoeing are popular activities.
Central also has leased lands for agricultural use (bright green)
inside the Central's Right of Way. Even though the lake is fairly
large, due to its shallow water and narrow channels it is designated
for wakeless boating only.
3.
Potential Outside Influences on Project
None.
4.
Development Opportunities
There
are no residential development opportunities within Central's Right
of Way available on this part of the Supply Canal system within
Dawson County, and no known changes of use were proposed at the
time this Plan was submitted to FERC for approval.
5.
Development Constraints
As
mentioned above, the development constraints on Gallagher Canyon
Lake are the narrow, shallow channels of the lake and the proposed
wakeless boating designation.
6.
Process for Review and Approval of Proposals for Development or
Change in Use
Changes
in use or new developments are not proposed on Gallagher Canyon
Lake, due to the narrow channels of the lake. Additional recreation
structures or facilities or residential developments in the area
could significantly alter the attraction of the forested and secluded
nature of this recreation area. Any request for additional access
to the reservoir would be subject to the application process and
mitigation criteria identified in Section
5, Implementation.
H. Plum Creek Canyon Lake
1.
Physical Description
Plum
Creek Canyon Lake is 252 acres in surface area, and while it has
steep banks, they are not as high as those found on the Midway Lakes.
(See Land
Use Map "J" in Section 9.) Popular with water skiers,
Plum Creek provides diverse water-related recreational opportunities
for the general public.
2.
Land Uses at Plan Inception
The
NGPC leases a small wildlife management area (red) on the south
shore and provides a boat ramp. A second public boat ramp is located
on the north side of the lake, near the inlet canal. The residential
homes (pink and purple) are scattered around the reservoir. Homes
occur on private property and on Central owned lands, both within
and outside the Project Boundary. Central permits boating access
for all of the leased homes and homes on adjacent property of Plum
Creek Canyon Lake. In many cases property owners have constructed
boathouses, boat docks, and/or steps down the banks to the water.
This is one of the few lakes on the system that has a large number
of permanent, individual boat-dock facilities.
3.
Potential Outside Influences on Project
Recently
a new subdivision was platted on private property adjacent to the
Plum Creek Canyon Lake and this area has been marked for future
development (vertical lines). At the time of Plan development only
one home site has been purchased and built, as shown within the
future development area (pink). The remainder of the land around
the lake has been designated as open space and no other development
proposals have been discussed with Central.
4.
Development Opportunities
While
there are still some land areas around the lake adjacent to Central's
Right of Way that could be developed for residential use, no proposals
had been made at the time this Plan was developed.
5.
Development Constraints
The
banks of this lake are steep and there is limited opportunity for
additional access to the lake.
6.
Process for Review and Approval of Proposals for Development or
Change in Use
Central
does not anticipate any additional development within Central's
Right of Way on Plum Creek Canyon Lake in the foreseeable future.
Any proposed development requesting lake access will be subject
to an application process, which will be developed in consultation
with the agencies and local governments upon FERC approval of the
Plan. Any development proposal or request for lake access will also
be required to meet the development review criteria discussed in
the Implementation Section of this Plan (Section
5).
I.
Johnson Lake
1.
Physical Description
Johnson
Lake is the largest lake along the Supply Canal, with 2,500 surface
acres, and it is the only lake in the system that lies within two
counties. (See
Land Use Map "K" in Section 9.) The northern half
of Johnson Lake is located in Dawson County, while the southern
half of the lake and the canal are located in Gosper County. Both
Dawson and Gosper Counties have established building codes and zoning
ordinances.
2.
Existing Development
Due
to the its location near Interstate 80, and its proximity to larger
towns, such as Lexington, Holdrege, and Kearney, Johnson Lake has
experienced intense residential development and has been "built
out" for the past couple of decades. While the majority of
residential homes around the lake are located on land leased from
Central, both inside and outside the Project Boundary (purple),
there are three areas in the northwestern portion of the lake where
homes occupy private property outside Central's Right of Way (pink).
As can be seen from the large expanses of residential use on the
land use map, residential development occupies the majority of the
land developed adjacent to the Lake.
The
NGPC has two recreation area leases (red) on Lake Johnson. The NGPC
recreation area on the western inlet canal is heavily used for fishing
and boat access, and handicapped fishing access has been added to
the area. One side of the inlet has improved campsites and restrooms,
while the other side provides primitive camping. The second NGPC
recreation site is located in the southeast end of the lake. This
site has an extensive campground with excellent facilities, including
restrooms and shower buildings, electric hook-ups, and access to
the facilities for the handicapped. A swimming beach is near the
campground at the southeast end of the Lake, and is marked off with
buoys during the summer months.
The
four recreation concessionaires (orange) on the Lake all have leases
with Central. One concession is a marina located on the north side
of the eastern canal (outlet canal) offers a boat dock, boat ramp,
gas, storage facilities, jet-ski rentals, and sells other items
generally associated with a marina. Another concessionaire on the
south side of the eastern canal (outlet canal) offers sailboat slip
rentals. Also located in this area is a full service marina concession
offering a boat ramp, dock, gas, boat rentals, cabin rentals, R.V.
sites, a restaurant and sales of related items associated with a
marina. The fourth concessionaire is located on the cove in the
northwest portion of the Lake. This concession is also a full service
marina offering a boat ramp, dock, gas, boat slip rentals, jet ski
and boat rentals, R.V. sites, a restaurant, cabin rentals and sale
of marina-related items.
The
remaining areas around the lake are occupied by Project Works and
several small and different use leases. The Project Works areas
(gray) on the map include the dam on the south end of the lake,
and the canal channels on the east and west sides of the Lake. The
Johnson Hydro 1 Powerhouse is located in the outlet canal to the
east of the Lake. A golf course (green with white dots and green
vertical stripe) leases land within the Project Boundary on the
downstream side of the dam. The agricultural leases, a meeting facility
lease, emergency medical services lease and an airstrip lease, for
an agricultural spraying service, are also within Central's Right
of Way and are indicated on the Land Use Map.
3.
Potential Outside Influences on Project
The
shoreline adjacent to Johnson Lake is fully developed. The current
development around the lake reflects a change of use from weekend
cabins and mobile homes into larger homes for the increasing number
of year round residents. The increasing demand for water, heavier
use of existing septic systems and greater volume of trash generated
in the area are all expected to continue as a result of the growing
number of full time residents. Systematic monitoring and assessment
will be necessary to effectively manage the ongoing impacts of this
change and to determine appropriate measures to ameliorate its effects.
4.
Development Opportunities
As
mentioned above, the shoreline of Johnson Lake is “built out”,
or fully developed, so development within Central's Right of Way
will only occur with a change in use of an existing lot or development.
However, open land surrounding the lake currently leased for farming
could be used for future residential development, which would increase
recreational use of the lake.
5.
Development Constraints
One
of the issues raised during the public consultation process was
the fact that new, large homes are being constructed on the existing
lots originally designed for weekend cabins and mobile homes. The
footprint of the new structure often fills the lot, up to the required
county zoning setbacks. This trend towards "big" often
forces the homes to be located closer to the lot line, leaving less
open space between the homes. In the meetings that Central has had
with both Dawson and Gosper Counties, the two counties have agreed
to advise Central to develop appropriate building setback requirements
for the entire lake.
The
majority of homes around Johnson Lake have individual septic tanks.
As the small "cabin" lots are being developed into larger
"home" sites, the ability to provide for an adequate septic
field is restricted.
The
Species Protection Zone classification (black stripe) has been applied
to one area on Johnson Lake and to part of the outlet canal area
near Johnson Lake. These two areas have been designated because
of use by bald eagles and migratory waterfowl. The first site is
the island in the southwestern portion of the lake, which has a
few trees and is surrounded by shallow water. The second site is
below the J-1 powerhouse east of the Johnson Lake outlet.
Both
residents and visitors have used the lake area for hunting waterfowl
for many years. The trend towards using the lake as a year round
home or every-weekend residence has created occasional conflicts
between residents and hunters. The State of Nebraska has a 200-yard
safety zone around residences, within which no hunting can occur,
and additional signage has been posted to help eliminate this conflict.
6.
Process for Review and Approval of Proposals for Development or
Change in Use
Central
does not anticipate any additional development within Central's
Right of Way on Johnson Lake in the foreseeable future. Any proposed
development requesting lake access will be subject to an application
process, which will be developed in consultation with the agencies
and local governments upon FERC approval of the Plan. Any development
proposal or any request for lake access will also be required to
meet the development review criteria discussed in the Implementation
Section of this Plan (Section
5).
J.
The Supply Canal System / Gosper County
1.
Physical Description
The
Phillips Lakes are small canyon lakes created by dams at the northern
ends of the canyons. (See Land
Use Map "L" in Section 9.) This area of the canal
system is predominantly used for hunting, fishing and other land
and water-based recreational activities.
2.
Land Uses at Plan Inception
Phillips
Lake is located just a short distance east of Johnson Lake below
the J-1 powerhouse and is relatively small, with 32 surface acres.
East Phillips Lake has a surface area of 142 acres, with 3 long
arms that reach south, away from the main body of the lake. The
NGPC has leased land within Central's Right of Way at this lake
for public access (red). This 13-acre public access site provides
a boat ramp, primitive camping sites, picnic tables, and water for
use by visitors.
The
small water body above the J-2 powerhouse is often referred to as
Little Knapple Lake and is the last lake inside Central's Right
of Way before the Supply Canal returns to the Platte River. Three
homes are located adjacent to the lake and outside the Project Boundary.
3.
Potential Outside Influences on Project
Private
developers are exploring the possibility of subdividing private
land adjacent to East Phillips. Intensive development near one of
these smaller lakes may require an evaluation of the potential impact
of continued development on the surrounding small canyon lakes.
It will be necessary to evaluate the capacity of the lakes to handle
increased recreation use and limits or restrictions may be implemented
as a result of that assessment.
4.
Development Opportunities
There
are no residential development opportunities available within Central's
Right of Way on the Supply Canal system within Gosper County and
no proposed changes of use were known at the time this Plan was
submitted to FERC for approval.
5.
Development Constraints
The
development constraints in this area are the generally small size
and steep banks of the lakes.
6.
Process for Review and Approval of Proposals for Development or
Change in Use
Any
proposed development requesting lake access will be subject
to an application process, which will be developed in consultation
with the agencies and local governments upon FERC approval
of the Plan. Additionally, any proposed development or any
request for lake access will be required to meet the development
review criteria discussed in the Implementation Section of
this Plan, Section 5.
Go
to Sections 5 through 9.
| Footnotes |
1.
Federal Power Act, §3(11).
2.
Before Central can grant permission for construction of bulkheads
and retaining walls, it must: 1) inspect the site, and 2)
Determine that vegetation planting or riprap will not adequately
control erosion at the site.
3.
See immediately preceding footnote.
4.
Upon
approval by FERC, the Shoreline Management Plan becomes part
of the license and the licensee is required to comply with
its provisions.
5.
See Plan Appendix I, Article 422, Paragraphs (c) and (d),
for a listing of the specific categories of use where Central
may exercise this delegated authority.
6.
Upon approval by FERC, this Plan becomes part of the license
and compliance with its provisions is required.
7.
See Section 8 of this Plan for a discussion of topics addressed
during this consultation; copies of written comments from
agencies and the public are included in Plan Appendix II.
8.
The Corps has jurisdiction under federal law over work in
the navigable waterways of the United States, including those
occupied by licensed hydropower projects. The Corps regulatory
program includes issuing permits under Section Corps 404 of
the Clean Water Act for all dredging or disposal of dredged
material, excavation, filing or any other modification of
the water body. Pursuant to Section 10 of the Rivers and Harbors
Act, the Corps permits the placement of structures in or over
a navigable water body, including: piers, boat docks, boat
ramps, bulkheads, riprap, jetties, pilings, or any other obstacle
or obstruction.
9.
Limited authority to regulate shoreline projects (dredge and
fill activities) on the lakes specified in General Permit
99-04. A copy of General Permit 99-04 is included in Plan
Appendix I.
10.
The approved tern and plover plan is in Plan Appendix III.
11.
Note: under the terms of a FERC license and regulations, the
Licensee retains primary responsibility for compliance with
its license obligations pertaining to non-project use of Project
lands.
12.
Applicants may be responsible for the administrative costs
of compiling the documentation necessary to seek agency comments
and FERC approval.
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