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 | 
