LAND
AND SHORELINE
MANAGEMENT PLAN
December
2002
Volume
1
Sections 5 through 9
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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Section
5 – Implementation Strategies
A.
Introduction
B. Land Management Philosophy
C. General Implementation
Policies
D. General Procedures and
Standards
E. Endangered Species Protection
Section 6 - Recreation Plan
A.
Introduction
B. Lake McConaughy
C. Lake Ogallala
D. The Supply Canal System
E. The Supply Canal System / Lincoln
County
F. Jeffrey Reservoir
G. The Supply Canal System / Dawson
County
H. Gallagher Canyon Lake
I. Plum Creek Canyon Lake
J. Johnson Lake
K. Supply Canal System / Gosper
County
Table 6-1 Lake McConaughy Recreation Facilities
Table 6-2 Central Recreation Facilities and
Activities
Section 7 - Plan Amendments and Updates
A.
Introduction
B. Amendments to this Plan
C. Periodic Plan Update Reports
Section 8 - Public Comments and Agency Consultation
Agency
Consultation and Comments
Public Consultation
Summary of Public and Agency Comments
by Resource Topic
Section 9 - Maps and Figures
Section
5 – Implementation Strategies
A.
Introduction
This
implementation section 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.
B.
Land Management Philosophy
This
Plan is a tool for fulfillment of Central’s responsibilities
under its FERC license. Pursuant to its license obligations, Central
will review all proposed uses and changes in use for compliance
with the terms of the license and this Plan. Central will follow
the provisions of each paragraph of Article 422 when determining
whether the proposed use requires prior agency consultation and/or
FERC approval. This Plan will be used as baseline information to
evaluate developmental proposals and recreational needs at the project.
Consistent
with its obligations under the license and pursuant to federal and
state law and regulations, Central must provide for reasonable public
recreational access to the lands and waters of the Project, and
for the protection of existing uses and wildlife habitat. While
meeting these requirements, Central must also retain the flexibility
to respond to economic growth within the region and resulting changes
that may affect land and recreational use within Central’s
Right of Way.
To
guide its efforts, Central has adopted the following land management
goals.
Central will:
·
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.
C. General Implementation
Policies
The
following policies are designed to further Central’s established
land and shoreline management goals by establishing the fundamental
framework for day-to-day management of Project lands.
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) or unless the structure
or facility adversely impacts the environment or operations of Project
facilities.
A
number of structures and facilities were constructed or placed by
Central, NGPC and other organizations and individuals holding long-term
leases in the years preceding the implementation of this Plan. Central
will “grandfather”, meaning “allow”, all
structures and facilities which have been properly permitted by
Central and which are otherwise legal to remain in place until such
time as they become unsafe, need to be replaced or need major repair,
defined as more than 50% of the structure or of its value, as determined
by Central. Materials used for repair or replacement of these “grandfathered”
structures, must be those approved for such use by Central or local,
state and/or federal agencies at the time of the repair or replacement.
Information will be available at Central’s offices regarding
currently approved materials. All illegal or potentially unsafe
structures or facilities, such as gas tanks, and water lines and
pumps that do not meet the requirements of local, state, and federal
laws, regulations, and ordinances and/or have not been permitted
must be removed upon notice by Central to the owner, operator, or
lessee of the property on which they are located.
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.
The
leases in place at the time of Plan implementation contain provisions
making those leases subject to provisions of this Plan and to federal,
state and local regulations.
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.
Requests
for new leases for public recreational access structures and facilities
or commercial recreational structures and facilities will be evaluated
based on the proposal’s compatibility with the Plan as well
as applicable federal, state and local regulations, and based on
a demonstrated need for the proposed public recreation use at the
site proposed. Requests for new or renegotiated residential leases
will be evaluated based on compatibility with the Plan as well as
applicable federal, state and local regulations. Requests for new
wildlife leases will be evaluated for compatibility with the Plan
and the need for lands reserved for wildlife use.
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.
All
new uses, structures and facilities on Project lands are subject
to a Permit to Construct approval procedure. Central will administer
the Permit to Construct approval procedures in an effective, efficient
and impartial manner. All applications will be evaluated to ensure
compliance with the Plan and with all applicable federal, state
and local regulations. Certain uses and occupancies may require
consultation and additional permits from other entities and may
also require prior FERC approval.
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.
Maintaining
appropriate setbacks from Central's Right of Way and the Project’s
shorelines allows public access to the lands and waters without
imposing undue hardship on adjacent leaseholders or landowners.
Central also will advise developers or landowners proposing development
adjacent to Central's Right of Way, who wish to use Project lands,
regarding appropriate lot-line setbacks. Central will propose reasonable
setbacks from Project lands to local governments and advise them
further as requested.
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.
Shoreline
protection and enhancement is important to Central, its lessees,
licensees and permit holders to ensure that the integrity of the
shoreline and its recreational viability is maintained. When necessary,
as part of the issuance of a license, permit, conveyance or other
use authorization, approval may be contingent upon meeting specific
shoreline stabilization or protection requirements. Central will
undertake periodic evaluations of its shorelines and determine what
actions are necessary to ensure the integrity of project operations.
If necessary Central will meet with adjoining landowners to address
any erosion issues and take such actions as are necessary to comply
with Central’s license and to carry out its responsibilities
to the public in a manner that minimizes impacts/changes to land
use on adjoining properties.
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.
Central
has and will continue to provide reasonable public recreational
access to the lands, shoreline and waters of the Project to the
greatest extent practicable.
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.
To effectively operate its Project, Central must maintain control
over all areas that can be impacted by Project operations. Central
will continue to make all reasonable efforts to obtain such ownership
or easements as appropriate. Permits, leases, conveyances and other
authorizations for access across Central's Right of Way or to use
Project lands where properties are known to be susceptible to erosion,
flooding or flowage will not be granted without addressing these
issues.
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.
Protection
of endangered species and their habitats and other lands for wildlife
is a high priority for Central. Specific environmental and wildlife
protection measures included in this Plan are found in Section 5E
below.
D.
General Procedures and Standards
This
section describes the standards for the land management activities
and approvals contemplated by this Plan.
1.
Permits to Construct
All
proposals for new or replacement structures and facilities within
Central’s Right of Way (whether or not in a Future Development
Zone) are subject to Central’s "Permit to Construct"
approval process. That process requires commitments from the applicant
to pursue the construction process with due diligence, to carry
out appropriate environmental, wildlife or aesthetic protections,
not to impair public use, and to comply with applicable federal,
state and local regulatory requirements and assurances that the
work will meet the requirements of this Plan. Central may also require
bonds or other assurances to be posted to insure that construction
is completed in compliance with the Plan and due diligence. Central
will advise all applicants, as well as local governments and interested
state and federal agencies, to establish reasonable and appropriate
setbacks and to promote reasonable public access to public lands
and waters. Within the Project Boundary and within Central’s
Right of Way, Central will require a setback suitable to the type
of structure or facility proposed and compatible with the location,
terrain, erosion, and public use. Setbacks for new construction
within existing residential or cabin lot areas will also consider
setbacks on neighboring lands. Where new construction is planned
outside of currently established residential areas on private property
adjacent to the Project, and access across Project Lands to Project
Waters may be requested, Central will require a minimum setback
from the normal high water mark of 50 feet, including Central’s
property and portions of the private property as necessary, for
structures and facilities other than those intended to access the
beach or water. Deeper setbacks may be required depending on local
conditions such as terrain, erosion, public use, and safety and
operational considerations. The “Permit to Construct”
approval process also evaluates potential cultural resource impacts,
implementing Sections 6.6.1.1 and 6.6.1.2 of Central’s Cultural
Resource Management Plan (CRMP). A copy of the CRMP is available
on Central’s website at cnppid.com or by request from Central’s
administrative offices in Holdrege.
Because most Project lands are already utilized for recreation,
residential or wildlife purposes, Central anticipates that most
new or replacement structures and facilities will be constructed
or installed by existing lessees who apply for a Permit to Construct
by contacting Central’s offices and obtaining a copy of the
procedure and an application form. In the event Central proposes
to construct structures or facilities within the FERC Project Boundary
for its own purposes, it will apply the same standards to determining
whether it is appropriate to proceed and, if so, what additional
consultation and approvals are required.
Central
may charge fees to cover the administrative costs of permitting
and inspection of facilities or sites under this procedure, as well
as for the administrative costs of agency consultation and preparation
and filing of any necessary application for FERC approval. Annual
and/or one-time lease fees may also be imposed based upon the size,
type and use of the structure or facility and potential impacts
to Central's operations.
The
"Permit to Construct" approval process may be amended
by Central from time to time, but will at all times be consistent
with the framework and standards set forth below.
a)
Applicability
The
following are considered “structures and facilities”
subject to the Permit to Construct approval process:
·
Landscape plantings that may affect lake views of other residences,
result in destruction of aquatic habitat or present potential safety
concerns (e.g., planting of water grasses).
·
Fences in residential areas that will or might block the lake view
of neighbors – e.g., over 42" tall and/or extending beyond
the lakeward sides of residential structure.
·
Retaining walls, other structures, rip rap or plantings for erosion
control.
·
New homes, garages, storage buildings, gazebos, decks, and other
buildings that require footings or foundations.
·
Metal, brick, concrete or wood stairways and walkways.
·
Modifications to existing structures that change or increase the
“footprint”, square footage or elevation of the existing
building.
·
Replacement of buried utilities, such as sewer, electric, gas, communication
lines or cables, or poles or structures for above ground utilities,
water pipelines (cooling, discharge/storm/waste).
·
New or replacement septic systems, drain fields or wells.
·
Any commercial structure.
·
New or replacement docks, piers, dikes, boat ramps, boat railways,
boat houses and any other structures, facilities or devices that
may be permanently placed in or adjacent to Project waters.
·
Ground disturbing activities in previously undisturbed areas, including
digging, compacting, or erosion of soil, such as:
- New
or significantly wider13
road, e.g., typically, one changing from one lane to two lane or
increasing more than 4 feet in width, (infrequent off?road use by
light weight vehicles, 3/4 ton pickup truck or smaller, is not considered
to be ground disturbance).
- New or significantly larger parking lot, trail, or sidewalk.
- New or significantly larger irrigation or drainage ditch.
- Creation of new crop land (plowing, etc.)
- First time grazing.
- New or significantly expanded structures, such as pipelines or
utilities (both above and below ground),
- New camping areas, or picnic shelters.
The
following are examples of activities that do not require Permits
to Construct for those lessees, licensees or permittees with current
leases, licenses and/or permits that authorize such construction.
(Other individuals and entities must obtain a lease, license, or
permit to access or occupy Central's property authorizing the specific
activity before they may proceed.):
·
Seasonal14 docks under
150 feet in length, which do not have enclosed sides to obstruct
cross vision.
·
Removable shore stations or other seasonal boat docking/lift facilities
·
Flowers and small shrubs near homes.
·
Gravel or wood-chipped pathways to the shore less than four feet
wide.
·
Seasonal mooring devices or structures less than 150 feet from the
shore.
·
Playground equipment. Diving boards are NOT permitted under any
circumstances.
·
Repair, maintenance or replacement of dams and dikes, bridges, culverts,
and low water crossings.
·
Spreading gravel, installing vehicle gates, and mowing on and within
existing road and trail rights-of-way.
·
Constructing new boundary or interior fences in other than residential
areas, including installation of gates, and repair and maintenance
of existing fences, except where lake views might be affected.
·
Use, replacement, repair and maintenance of existing waterfowl blinds,
parking lots or security lights.
·
Use, repair and maintenance of boat docks that do not have enclosed
sides.
·
Normal lawn care activities such as fertilization and mowing.
·
Installation and maintenance of artificial nest boxes and platforms.
·
Major cleanup activities not associated with buildings or structures,
such as removal of junked automobiles, farm equipment, and fence
and trash piles that are less than 50 years old.
·
Emergency firebreaks: plowing or roto-tilling strips.
· Wildlife Watering Devices: repair, replacement and maintenance
of existing structures, and installation of new structures. The
watering devices are freestanding, temporary, and usually mobile
units.
·
Repair and maintenance of existing man-made soil and water conservation
terraces and waterways on farmland.
·
Agricultural Use: plowing, tilling, planting, fertilizing, weed
and insect control, harvesting, where the land has previously been
plowed, and grazing.
·
All operational, maintenance, repair, or replacement activities
on the canal (including its structures and roads), as well as the
installation of additional structures within a canal.
·
Replacement of buried irrigation pipeline.
·
All other activities designated in Appendix B of the Cultural Resources
Management Plan as not causing ground disturbance.
b)
General Standards for Approval
Prior
to issuing a Permit to Construct for any structure or facility,
Central must make the following findings:
·
The proposed use and occupancy is consistent with the Plan and with
purposes of protecting and enhancing the scenic, recreational and
other environmental values of the Project.
·
The applicant provides for multiple use and occupancy of facilities
for access to Project lands or waters to the extent feasible and
desirable to protect and enhance the Project’s scenic, recreational
and other environmental values, and to the extent appropriate for
the type of structure proposed.
·
The applicant will maintain the land, facilities or structures in
good condition and repair.
·
The permitted uses and occupancies comply with all applicable requirements
of state law, local ordinances, and federal law, including specifically
the Federal Power Act and regulations, the FERC license and this
Plan.
The
Permit to Construct application approval process is designed to
elicit information that will assist Central in evaluating the proposal
based on each of these four standards. Completing the application
is not a guarantee that a request for a Permit to Construct will
be granted. Central may require additional information from applicants
as needed before reaching its determination, and the process will
not be complete until all the information appropriate for a particular
proposal has been fully submitted and considered.
c)
Evaluation Criteria
To
meet the general standards for issuing a Permit to Construct, a
proposed structure or facility must meet the following criteria:
·
The property is zoned for the type of structure or facility to be
built, if applicable.
·
The structure or facility is compatible with adjacent and surrounding
land uses.
·
The structure or facility is compatible with the designated area
Land Use classification assigned under this Plan.
·
Existing or anticipated future public use opportunities, including
formal public recreation areas, will not be adversely impacted,
or sufficient similar public use opportunities are available nearby
so that any impacts are minimal, or, where commercial structures
or facilities are to be built, public opportunities will be diversified
or enhanced so that any adverse impacts are considered to be offset.
·
Where commercial structures or facilities are proposed, the estimated
number of additional recreational users of Project lands and waters
is compatible with existing area recreational and boating use, or
with the applicable Land Classification and reservoir uses set forth
in this Plan; or a change in the applicable Land Classification
and map is proposed and justified.
·
The aesthetic resources of the area, including lake views from the
properties of others, are not unacceptably adversely impacted by
the proposed access and facilities.
·
Environmental and wildlife resources in the area will be protected
consistent with Section E below and will not be unacceptably impacted.
·
Cultural resources in the area will be protected, or any adverse
impacts will be mitigated consistent with the provisions of Central’s
Cultural Resources Management Plan.
·
The physical terrain of the shoreline or lakebed will not be impacted
in a manner that will affect Project operations or increase the
likelihood of erosion.
·
A significant strip of public shoreline will be maintained or provided
for public access and to meet operational needs.
·
The planned structures or facilities will not adversely affect navigation
or present other shoreline utilization or safety issues.
d)
Additional Standards and Procedures
The
following additional standards and procedures apply to certain types
of structures and facilities. An applicant for a Permit to Construct
must coordinate with Central to complete or satisfy these requirements
before Central can make a determination that the general standards
have been met.
1)
Erosion Control Structures
Central
has the delegated authority under license Article 422 15
to issue certain permits for retaining walls or similar structures
for erosion control without prior FERC approval. Retaining walls
or similar structures for erosion control may, however, require
a Programmatic General Permit from Central or an individual Section
404 16 permit from
the Corps and/or other federal, state or local agency permits. Pursuant
to its obligations under Article 422, Central will inspect each
site of a proposed retaining wall or erosion control structure to
determine whether the proposed construction is necessary, whether
a less intensive erosion control measure could be substituted, and
to ensure that the work will not alter the basic contour of the
shoreline. Central will then advise the individual or entity proposing
to build the erosion control structure to assure that all applicable
regulatory requirements are met.
All
proposed erosion control structures or devices will be reviewed
during the Permit to Construct approval process for compliance with
design restrictions applicable to the planned structure. Central
will provide a list of restrictions to the applicant, which may
vary from reservoir to reservoir, and which Central may revise from
time to time based on experience, revised regulations or regulatory
guidance, and changing uses of its reservoirs.
2)
Non-commercial Structures or Facilities
Permits
to Construct are required for any new or replacement non-commercial
docks, piers, dikes, boat ramps, boat railways, boat houses and
any other structures or devices that may be permanently placed in
or adjacent to Project waters for use by permittees, licensees,
or lessees of cabin lots. Applications to construct new facilities
or replace existing facilities are encouraged to propose multi-user
docks and may be required to demonstrate their efforts to contact
immediate neighbors regarding a multi-family facility. Central will
periodically review potential dock proliferation and will evaluate
the need to add or revise incentives for using shared structures
at its five-year review intervals (See Section
7).
All
applications for proposed non-commercial docks, piers, dikes, boat
ramps, boat railways, boat houses and other permanent structures
or devices will be reviewed pursuant to the Permit to Construct
approval process for compliance with design restrictions applicable
to the planned structure. Central will provide a list of restrictions
to the applicant, which may vary from reservoir to reservoir, and
which Central may revise from time to time based on experience,
revised regulations or regulatory guidance, and changing uses of
its reservoirs. In some cases a proposed activity may require a
Programmatic General Permit from Central or an individual Section
404 permit from the Corps and/or other federal, state or local agency
permits. If so, Central will advise the individual or entity proposing
to build the structure to assure compliance with all applicable
regulatory requirements.
3)
Commercial Facilities
Permits
to Construct are required for any new commercial docks, piers, dikes,
boat ramps, boat railways, boat houses and any other structures
or devices that may be permanently placed in or adjacent to Project
waters for use by members of the public, including lessees of cabin
lots or residents of communities adjacent to the Project, to gain
access to Project reservoirs. This process must be completed whether
the commercial applicant plans to operate a public concession on
leased Project lands, or is seeking to provide access across Project
lands for the public or for a particular subdivision or development.
Applications to construct commercial facilities pursuant to this
section must demonstrate a need for such facilities, and must address
issues relating to how public parking, impacts on public access
and other evaluation criteria set forth in Section c. above, will
be accommodated. The applications must be accompanied, as appropriate,
with applications for water access or copies of valid and currently
effective permits for water access or concession sub-leases. Where
an applicant proposes building a commercial facility to provide
services similar to those offered by another commercial facility
located within ½ mile, the applicant must demonstrate that
the existing commercial facilities are overtaxed and/or are otherwise
not fully meeting the needs of the general public.
All
proposed commercial docks, dikes, boat ramps, boat railways, boat
houses and other permanent structures or devices will be reviewed
during the Permit to Construct approval process for compliance with
relevant design restrictions. Central will provide a list of restrictions
to the applicant, which may vary from reservoir to reservoir, and
which Central may revise from time to time based on experience and
changing uses of its reservoirs. In some cases, a proposed activity
may require a Programmatic General Permit from Central or an individual
Section 404 permit from the Corps and/or other federal, state or
local agency permits. If so, Central will advise the individual
or entity proposing to build the structure to assure compliance
with all applicable regulations.
The
following specific conditions will be included in any Permit to
Construct for a commercial facility under this section:
·
A significant strip of public shoreline must be maintained by the
developer within Central's Right of Way along the shoreline, or,
where applicable, on private land between the limits of the development
and the edge of shoreline to provide public access.
·
All structures and facilities offering mooring facilities for more
than 25 boats, or accommodating boats longer than 24 feet with sanitary
facilities, must provide adequate waste pumping and treatment facilities.
·
The public shall have access to restroom, water, and other such
facilities as may be provided.
If
a commercial boat dock will contain more than ten slips, prior FERC
approval is required. Central will assist17
the Applicant in the necessary agency consultation and in preparing
and submitting an application to FERC based on the applicant’s
request for a Permit to Construct and in consultation with the applicant.
If additional related facilities are to be located within Central’s
Right of Way, the evaluation process will be used to develop terms
to be included in a new or modified concession lease for the facility.
(See Section 5.D.3 below.)
4)
Other Commercial Structures or Facilities
Commercial
facilities such as campgrounds, restaurants and stores built on
land adjacent to the Project but not owned or controlled by Central
may impact the use of Project lands but are beyond Central’s
ability to directly regulate or restrict. If and when such facilities
are proposed to be built on Project lands, they will be evaluated
based on the demonstrated need for such facilities, and how public
parking, impacts on public access and other evaluation criteria
set forth in c) above, will be accommodated. The evaluation process
will be used to develop terms to be included in the new or modified
concessionaire’s lease for the facility. (See Section
5.D.3 below.)
2.
Permit for Special Water Access Across Project Lands
A
Permit for Special Water Access across Project lands, as provided
for in this section, is required for individuals or entities who
want to build, install or replace equipment or facilities that aid
in access to the water, such as walkways, marinas, docks, and mooring
devices. A Permit for Special Water Access is needed before any
temporary or permanent equipment or structure can be installed –
whether or not a Permit to Construct is also required. When an applicant
is seeking a Permit for Special Water Access across or on land Central
already leases to the NGPC, consultation with NGPC is required.
The
typical applicant for a Permit for Special Water Access is a property
owner with land adjacent to Central's Right of Way, seeking access
for such things as walkways, marinas, docks, and mooring devices
from a new or existing single family home, planned subdivision,
development or resort. Existing lessees are already granted a broad
right of access to the adjacent reservoir, permitting the installation
of an array of temporary and permanent facilities, subject to other
federal, state and local requirements as well as to the Permit to
Construct approval process described earlier. New or replacement
structures or facilities will, however, be subject to the Permit
to Construct approval process.
All
new or modified grants of water access must be requested from Central
under the Permit for Special Water Access procedure (as it may be
revised over the life of the Plan). The “Permit for Special
Water Access” process may be changed by Central from time
to time as experience is gained, but will at all times be consistent
with the framework and standards set forth below.
Central
may charge fees to cover the administrative costs of permitting
and inspection of facilities or sites under this procedure. Annual
and/or one-time lease fees may also be imposed based upon the size,
type and how the access is exercised (types of temporary structures
or facilities).
a)
Applicability
Permits
for Special Water Access are available only for access from contiguous
parcels of land immediately abutting FERC Project lands. A parcel
is considered contiguous if it is merely separated from Central’s
Right of Way by a public road. Any residential lot, subdivision,
development, campground or resort that does not abut FERC Project
lands is not eligible for a Permit for Special Water Access under
this component of the Plan. Access from individual residential lots
will be considered only if the residence is not part of a subdivision
or development that has applied for, or is expected to apply for,
a Permit for Special Water Access.
b)
General Standards for Approval
Prior
to issuing a Permit for Special Water Access, Central must make
the following findings:
·
Access is consistent with the Plan and with the purposes of protecting
and enhancing the scenic, recreational and other environmental values
of the Project.
· The applicant provides for multiple use and occupancy of
facilities for access to Project lands or waters to the extent feasible
and desirable to protect and enhance the Project’s scenic,
recreational and other environmental values, and to the extent appropriate
for the type of structure proposed.
·
The applicant will maintain the land, facilities and structures
in good condition and repair.
·
The proposed uses and occupancies will comply with all applicable
requirements of state law, local ordinances, and federal law, including
specifically, the Federal Power Act and regulations and the FERC
license.
The
Permit for Special Water Access application process is designed
to elicit information that will assist Central in reaching a determination
on each of these four standards. It is anticipated that in many
cases an application for a Permit for Special Water Access will
be accompanied by an application for a Permit to Construct. In such
cases review of the applications will be coordinated. A complete
application may involve required submission of additional information
that Central deems necessary to fully evaluate the proposal.
c)
Evaluation Criteria
To
meet the general standards for issuing a Permit for Special Water
Access, proposed special water access facilities must also meet
the following criteria:
·
The property that will be served by the Special Water Access Permit
has already been developed as, or is zoned for residential, campground
or other resort development at the time the application for a Permit
for Special Water Access is filed.
·
The access requested is compatible with adjacent and surrounding
land uses.
·
The access requested is compatible with the Land Use classification
for that area assigned under this Plan, or with existing land and
water uses in the area.
·
Current or future public use opportunities, including formal public
recreation areas, will not be adversely impacted, or sufficient
similar public use opportunities are available nearby that such
impacts are considered minimal, or where commercial or community
facilities are to be built, public opportunities will be diversified
or enhanced such that any adverse impacts are considered to be offset.
·
Where commercial or community facilities are proposed, the estimated
number of additional recreational users of Project lands and waters
is compatible with existing area recreational and boating use, or
with the applicable Land Classification and reservoir uses set forth
in this Plan, or a change in the applicable Land Classification
and map is proposed and justified.
·
The aesthetic resources of the area, including lake views from the
properties of others, are not unacceptably adversely impacted by
the proposed access and facilities.
·
Environmental and wildlife resources in the area will be protected
consistent with section E below and are not unacceptably impacted.
·
Cultural resources in the area will be protected or any adverse
impacts will be mitigated consistent with the provisions of Central’s
Cultural Resources Management Plan.
·
The physical terrain of the shoreline or lakebed will not be impacted
in a manner that will impact on Project operations or increase the
likelihood of erosion.
·
A significant strip of public shoreline will be maintained or provided
for public access and to meet project operational needs.
·
The planned facilities will not create navigational safety hazards
or present other shoreline or public safety issues on the lake.
d)
Additional Standards and Procedures
The
following additional standards and procedures may apply depending
on the type of structure or facility proposed and the category of
applicant. An applicant for a Permit for Special Water Access must
coordinate with Central to complete or satisfy these requirements
before Central can make a determination that the general standards
in Section b) above have been met.
1)
Access for New or Existing Single Residence Applicants
Individuals
seeking special water access from a single residence may seek a
broad Single Residence Permit for Special Water Access. If granted,
this permit would accommodate installing a range of seasonal or
temporary facilities without a Permit to Construct, such as certain
seasonal docks, removable shore stations, gravel pathways and seasonal
mooring devices or structures. Central will provide the applicant
a list of the equipment, installations and facilities that are typically
authorized in a Single Residence Permit for Special Water Access
when the Permit for Special Water Access process is initiated. This
list may vary from location to location, and may be revised from
time to time based on experience, revised regulations or regulatory
guidance, and changing uses of Central’s Right of Way.
An
individual requesting a Single Residence Permit for Special Water
Access may also concurrently seek approval to build a dock, pier,
dike, boat ramp, boat railway, boat house and any other structure
or device that may be permanently placed in or adjacent to Project
waters. An application for a Permit to Construct will be required
in addition to the Permit for Special Water Access required under
this section.
Central
will also consider applications to place erosion control structures,
devices or plantings in whole or in part on Project lands by those
holding Single Residence Permits for Special Water Access through
the Permit to Construct approval process. No Permits to Construct
for any other type of structure or facility on Project lands will
be granted to persons holding a Single Residence Permit for Special
Water Access.
2) Access for New Residential Developments or Commercial Resorts
or Campgrounds
Commercial
and residential development outside Central's Right of Way, but
adjacent to Project lands, is not subject to this Plan, but is governed
by the applicable federal, state and local laws. New means for residents
of new subdivisions or developments or guests at campgrounds or
resorts to access Project lands and waters are, however, subject
to the Permit for Special Water Access approval process. New means
of access could include construction of multiple-user shore stations,
boat ramps, boathouses, docks, dikes, piers, pathways, roads or
parking areas.
Developers
proposing lake or shoreline access to Project facilities for the
residents of new subdivisions or developments, or guests at new
resorts or campgrounds, must meet the standards set forth in the
Permit to Construct requirements in d)1) above and the additional
conditions identified below. Even if a development is potentially
eligible for approval of access across Central's Right of Way, permission
for such access may be denied due to environmental, safety, or cumulative
impact reasons, agency or local government concerns, or other legitimate
reasons.
·
Access facilities serving a subdivision or other residential development
must be available to all residents.
· The public shall be afforded access to any boat ramps and
the other boat launch and docking facilities for which Central has
granted access to the development or subdivision, at the same cost
as residents of the community. “Cost”, as it is used
in this context, does not include lake association dues or special
assessments, but means the public may be only be charged an actual
per use or per access charge on the same basis as the residents
of the community are charged per use or per instance of access.
·
To the maximum extent feasible to provide full use of the access
facility, roads and parking will be located outside Central’s
Right of Way.
3.
Conveyances of Project lands
This
Plan anticipates that Central may from time to time convey interests
in Project lands to others in the form of a fee simple interest,
a lease, an easement, a grant of right of way, or another grant
of a right of occupancy or use. Conveyance of any interest in Project
land is subject to the requirements of Article 422 of Central’s
license.
a) Applicability
As
discussed in Section 4, most of Central’s Project lands were
under long term leases at Plan inception. Under this Plan Central,
for the remainder of the lease term, will manage specific parcels
of leased land in accordance with the provisions of the lease in
effect at Plan implementation, including the renewal provisions
contained in the lease (as such provisions may be interpreted by
the courts after all appeals have been exhausted).
The
leases in effect at the time of Plan implementation contain express
language making them subject to provisions of this Plan and to federal,
state and local regulations, as appropriate18.
At the time any lease expires, and renewal is sought, Central will
review the lease to ensure that all of the provisions continue to
comply with the Plan in effect at that time, as well as applicable
federal, state and local regulations. If necessary, changes will
be made in the lease. Renewal or minor modification of a lease will
not be considered a conveyance of an interest in Project lands,
and will not be subject to the FERC reporting or approval processes
described below for new leases, easements or other conveyances of
interests in Project lands.
b)
General Standards for Conveying an Interest in Project lands
Any
conveyance of an interest in Project lands must:
·
Be consistent with the purposes of this Plan of protecting and enhancing
the scenic, recreational and other environmental values of the Project;
·
Include terms, provisions or covenants reflecting Central’s
continuing responsibility to supervise and control activities on
the lands conveyed for so long as they are within the Project Boundary.
·
Require that Project lands and any facilities or structures thereon
are maintained in good condition and repair by the grantee.
·
Comply with all applicable requirements of state law, local ordinances,
and federal law, including specifically the Federal Power Act and
regulations and the FERC license.
Requests
for an interest in Project lands, including a new lease, will be
evaluated using the following criteria:
·
The conveyance requested is compatible with adjacent and surrounding
land uses.
·
The conveyance requested is compatible with the Land Use classification
for that area under this Plan, or with existing land and water uses
in the area.
·
Current or future public use opportunities, including formal public
recreation areas, will not be adversely impacted, or sufficient
similar public use opportunities are available nearby that such
impacts are considered minimal, or where commercial or community
facilities are authorized under the conveyance, public opportunities
will be diversified or enhanced such that any adverse impacts are
considered to be offset.
·
Where commercial or community facilities would be authorized under
the conveyance, the estimated number of additional recreational
users of Project lands and waters is compatible with existing area
recreational and boating use, or with the applicable Land Classification
and reservoir uses set forth in this Plan, or a change in the applicable
Land Classification and map is proposed and justified.
·
The aesthetic resources of the area, including lake views from the
properties of others, are not unacceptably adversely impacted by
the proposed conveyance.
·
Environmental and wildlife resources in the area will be protected
consistent with section E below and are not unacceptably impacted.
·
Cultural resources in the area will be protected or any adverse
impacts will be mitigated consistent with the provisions of Central’s
Cultural Resources Management Plan.
·
The physical terrain of the shoreline or lakebed will not be impacted
in a manner that will affect Project operations or increase the
likelihood of erosion.
·
A significant strip of public shoreline will be maintained or provided
for public access and to meet project operational needs.
Central
will consider requests to convey lands for recreational or commercial
recreational facilities when there is a demonstrated need for the
identified recreational facility or opportunity at the site proposed.
c)
Supervision and Control of Activities on Project Lands
Central
has an ongoing responsibility to monitor and control activities
on Project lands, and has obvious motivation for supervising uses
of other lands within Central’s Right of Way. Article 422
of Central’s license, provides that:
the licensee shall … have the continuing responsibility
to supervise and control the uses and occupancies for which it grants
permission, and to monitor the use of, and ensure compliance with
the covenants of the instrument of conveyance for, any interests
that it has conveyed, under this article. If a permitted use and
occupancy violates any condition of this article or any other condition
imposed by the Licensee for protection and enhancement of the Project’s
scenic, recreational, or other environmental values, or if a covenant
of a conveyance made under the authority of this article is violated,
the Licensee shall take any lawful action necessary to correct the
violation. For a permitted use or occupancy, that action includes,
if necessary, canceling the permission to use and occupy the Project
lands and waters and requiring the removal of any non-complying
structures and facilities.19
License
Article 422 also requires that instruments conveying Project
lands for any other purposes include covenants running with the
land that: the use of the lands conveyed shall not endanger health,
create a nuisance, or otherwise be incompatible with overall recreational
use20. These instruments
must also require that the grantee take all reasonable precautions
to “ensure that the construction, operation, and maintenance
of structures or facilities on the conveyed lands will occur in
a manner that will protect the scenic, recreational, and environmental
values of the Project; and the grantee shall not unduly restrict
public access to Project waters.”21
This
Article imposes responsibility on Central to assure that all activities
which occur on Project lands are consistent with the terms and conditions
of the license, including compliance with any plans developed and
implemented to fulfill Central’s license obligations. Central
has the ultimate responsibility for compliance and cannot delegate
it as far as FERC is concerned, regardless of whether the land is
leased to NGPC, a concessionaire, or otherwise transferred to a
public or private entity. Central binds its Permittees, Licensees,
Lessees and Grantees to the terms of FERC-approved plans by specific
restrictions and conditions in the authorization agreement (lease,
permit, license, easement or other conveyance). These lease restrictions
are general in nature so that the Lessee is bound by approved plans
in whatever form they may take during the effective term of the
lease. Under these restrictions and conditions, Lessees are committed
to the provisions of this Plan, as well as to successive modifications
and amendments, which have received the requisite approval.
The
Nebraska Game and Parks Commission ("NGPC") leases most
of the Project land that is designated for public recreation or
wildlife use. NGPC’s leases have been or will be amended to
include (with minor variations) the language below:
LEASED
PREMISES SUBJECT TO REGULATION. It is understood and agreed that
the lands owned by CENTRAL are subject to regulation by the United
States Government, through the Federal Energy Regulatory Commission,
and by the State of Nebraska and local governments thereof. The
leasehold herein demised, and use of the LEASED PREMISES by the
COMMISSION, and all other rights hereto granted the COMMISSION,
are expressly subject to any statute, law, rule, or regulation,
now or hereinafter imposed by any governmental body having jurisdiction
over the activity of CENTRAL, and may be altered or curtailed to
the extent the same may affect the LEASED PREMISES.
Central’s
leases with NGPC also address Compliance with the Land and Shoreline
Management Plan:
PROTECTION
OF SCENIC, RECREATIONAL AND ENVIRONMENTAL VALUES. The COMMISSION
shall take all reasonable precautions to ensure that construction,
operation and maintenance of structures or facilities on the LEASED
PREMISES will occur in a manner that will protect the scenic, recreational,
and environmental values of the Kingsley Dam Hydroelectric Project,
FERC No. 1417. The use of the LEASED PREMISES shall not endanger
health, create a nuisance, or otherwise be incompatible with the
overall recreational use of said Project, including particularly
the Recreational Plan and the Land and Shoreline Management Plan,
as required by the FERC. CENTRAL retains the right to enforce these
provisions by any reasonable means, including without limitation,
entry upon the LEASED PREMISES to perform inspections, to implement
a permitting system, to ensure cessation of inappropriate land use
or to remove inappropriate structures, and to terminate this Lease.
Central
will periodically informally brief and update NGPC site managers
to assure that they are familiar with NGPC’s obligations under
its leases and this Plan.
Central
leases portions of its lands to individuals and other groups, mainly
as cabin lots. Leases executed after this Plan is implemented will
contain the language shown below. Leases effective at the time this
Plan is approved have also been, or will be, amended to include
(with minor variations) the following provisions.
GOVERNMENT
REGULATIONS. It is understood and agreed that the lands owned by
the District are subject to regulation by the United States Government,
through the Federal Energy Regulatory Commission (FERC), and by
the State of Nebraska and local governments thereof. The Leased
Premises, and use of said premises by Tenant, and all other rights
hereto granted Tenant, are expressly subject to any statute, law,
rule, regulation or order now or hereinafter imposed by any governmental
body having jurisdiction of the activity of the District, and may
be altered or curtailed to the extent the same may affect the real
estate leased herein.
PROTECTION
OF SCENIC, RECREATIONAL AND ENVIRONMENTAL VALUES. Tenant shall take
all reasonable precautions to ensure that construction, operation
and maintenance of buildings, structures or improvements on the
Leased Premises will occur in a manner that will protect the scenic,
recreational, and environmental values of the Kingsley Dam Hydroelectric
Project, FERC No. 1417 (Project). The use of the Leased Premises
shall not endanger health, create a nuisance, or otherwise be incompatible
with the overall recreational use of the Project, as set forth in
the FERC license for the Project and any amendments thereto. The
District retains the right to enforce these provisions by any reasonable
means, including without limitation, entry upon the Leased Premises
to perform inspections, to implement a permitting system, to ensure
cessation of inappropriate land use or to remove inappropriate structures,
and to terminate this Lease.
d)
Categories of Central’s Land Use Permits and Land Conveyances
Central
typically authorizes uses and occupancies of the lands it owns in
one of two ways: 1) It issues a permit to a person or entity that
wishes to use or occupy Project lands; 2) It conveys22
a property interest in the land. In most cases, the conveyance executed
by Central will be a lease subject to specific conditions, but an
easement or a transfer of all interest (“fee title”)
in the property, subject to Central’s retention of the necessary
legal rights to operate and maintain the Project, may also be used.
When these transactions involve Project land, Central is obligated
to comply with the provisions of this Plan, once approved, and the
standard land use article, which specifies certain requirements23,
consultation and approvals that must be fulfilled contingent upon
both the nature of the transaction and the proposed use. Any use
or occupancy of Project land not addressed in the Standard Land
Use Article requires, in addition to Central’s review and
preliminary approval, agency consultation and express FERC approval
prior to taking effect.
The
material below briefly discusses the primary categories of Project
land permits and conveyances Central anticipates it may execute
in the future.
1)
Recreation Leases
Much
of Central’s lands suitable for public recreation use are
leased to the NGPC. These leases will remain in effect until they
expire, or until the leases are terminated under their respective
provisions, or until FERC requires that they be terminated. New
leases with NGPC or with any other entity for public recreational
purposes will be consistent with the provisions of this Plan.
Central
has the authority delegated by FERC to execute leases or other conveyances
for recreational development of Project lands consistent with this
Plan, subject to the provisions of Article 422. Pre-filing consultation
with the appropriate resource agencies and FERC review and approval
or in some cases, FERC’s receipt of the filing and inaction,
are required before the lease, easement, or other instrument of
conveyance may become effective. In those cases24,
the agency consultation record and other information pertaining
to the application must be filed with FERC at least 60 days before
the lease is formally executed or becomes effective. FERC may, if
it responds within 45 days of that filing, deny Central the authority
to execute the lease, require changes in the proposed facilities,
amendments to the instrument of conveyance, or otherwise request
and evaluate additional information. If FERC does not respond within
that 45-day period, Central may execute the lease. Full consultation
and prior FERC review and approval are also required for easements,
leases or other conveyances authorizing uses which are not consistent
with in the approved Plan Land Use Maps, or which do not meet other
standards prescribed in Central’s license or FERC regulations.
Nothing
in this Plan precludes Central from charging rent or reasonable
fees for processing applications or administering leases or other
authorizations of occupancy and use under this provision.
2)
Concession or Commercial Leases
Most
of the commercial leases within the Project Boundary are subleases
through NGPC consistent with Central’s agreement with NGPC.
Central does, however, and will continue to, execute other leases
or authorizations for commercial use of Project lands consistent
with its license obligations.
Central’s
authority over Project lands includes the authority to convey, subject
to agency consultation and filing with FERC 60 days before the conveyance
is executed, an interest in Project lands for recreational development
consistent with Central’s Recreation Plan25
as approved by FERC at the time of the lease, and for public or
commercial marinas with slips for not more than 10 watercraft and
located a minimum of 1/2 mile from other commercial marinas. Under
the Article, Central also has delegated authority to approve conveyances
for limited other reasons, so long as the total amount of Project
land in one year is not more than 50 acres, individual parcels are
5 acres or smaller, and the lands conveyed are more than 75 feet
from the shoreline26.
Concession
or commercial leases will be used to authorize, supervise and control
commercial activities on Project lands including, but not limited
to, public marinas, commercial boat ramps, campgrounds, yacht clubs
and food service facilities. Consistent with the terms of its lease
with Central, NGPC’s subleases with concessionaires will contain
appropriate terms for managing concession and related sublessee
activities. As it deems appropriate, and subject to the provisions
of this Plan, Central may lease its other lands directly to concessionaires.
All existing concession leases will continue to be effective, subject
to the specific terms of each lease, until they expire without renewal
or are terminated. All leases for new concessions or commercial
development must comply with the requirements of the Americans with
Disabilities Act (ADA) and related state and federal laws and regulations
regarding accessibility of public facilities for the disabled.
Any
change in concessionaires or a proposal to add a concession facility
or to augment existing services is subject to the provisions of
this section and will require an application to Central. An applicant
for a new concession lease must demonstrate a need for the proposed
service at the chosen location. Concession leases will be allowed
only where the lands to be used are designated for recreational
use in the approved Plan Land Use Maps. (See Section
9.) At the time this Plan was submitted to FERC for approval,
unleased lands potentially eligible for concession or commercial
leases were located at the following lakes and reservoirs:
·
Lake McConaughy
· Jeffrey Reservoir
· Central Midway Lake
· Plum Creek Canyon Lake
· Johnson Lake
Central
will consult with federal and state agencies and local government
entities as appropriate when considering concession or commercial
lease applications. Applications for concession leases are subject
to the process, standards, and evaluation criteria of this Plan.
The application process is designed to elicit specifications and
details for proposed facilities, structures and services, hours
of operation, fees, and all other information necessary for a thorough
evaluation of the application under the standards and criteria of
this Plan. Central may revise the application process from time
to time, but it will at all times be consistent with the framework
and standards in this Plan.
Nothing
in this Plan precludes Central from charging rent or reasonable
fees for processing applications or administering leases or other
authorizations of occupancy and use under this provision.
3)
Residential Leases and Other Conveyances
At
the time this Plan was implemented, the majority of the Project
lands designated on the Plan’s land use maps for residential
or recreational cabin use were subject to long-term individual leases.
These leases contain renewal provisions and are freely assignable.
Upon transfer of a lease, the parties will, however, execute a replacement
lease with Central. Only a few cabin lot areas identified on the
Plan’s land use maps were not leased at the time this Plan
was implemented.
New
leases or significant future modifications to existing leases for
cabin lots are subject to review by FERC.
Central
may consider, in limited circumstances, executing a special lease
to single residence lot owners whose land abuts Project lands that
were developed prior to the implementation date of this Plan. These
leases will, however, require agency consultation and prior FERC
approval before becoming effective. The leases will permit water
access and grant the Lessee the authority for exclusive (i.e., non-public)
use of leased lands only if they are approved by FERC. This type
of lease will be preliminarily approved by Central and referred
to FERC for approval only upon a showing that: (1) the Project lands
between the applicant’s lands and the shoreline at full pool
are extremely narrow (generally less than 25 feet), making public
recreational use difficult without encroaching on the privately
held land; (2) substantial opportunities remain for public access
to that reservoir; and (3) substantial shoreline areas are available
at the same reservoir for public recreation.
Nothing
in this Plan precludes Central from charging rent or reasonable
fees for processing applications or administering leases under this
provision.
4)
Wildlife Leases
Article
422 authorizes Central to permit use of its Project lands for food
plots and wildlife enhancement. Leasing or conveying lands requires
a higher level of approval, depending on the use and the size of
the land conveyed. In most cases, this would involve agency consultation
and filing with FERC.
At
the time this Plan was implemented, the majority of the Project
lands designated (on the Land Use Maps) for wildlife use were leased
to NGPC under long-term leases. These leases may be renewed without
prior FERC approval under the same terms, or with minor modifications,
consistent with this Plan. In some cases, Central has used less
formal arrangements to allow use and occupancy of some Project lands
by wildlife groups to manage food plots or cover. Extensions of
these agreements or similar arrangements do not require FERC review
or approval. Likewise, contracts to manage areas within the Project
Boundary for wildlife uses do not require FERC approval.
New
leases or significant modifications to existing leases for use and
occupancy of Project lands for wildlife purposes will be consistent
with the provisions of this Plan and would require pre-filing consultation
and submittal to FERC before they may become effective. Applications
for use of Project lands for wildlife or related purposes, whether
for wildlife leases or wildlife uses, are subject to the “Wildlife
Use” application process. These applications will not be approved
unless the use is consistent with recreational or other designated
uses of the land under this Plan.
Nothing
in this Plan precludes Central from charging rent or reasonable
fees for processing applications or administering leases or other
authorizations of occupancy and use under this provision.
5)
Utility and Road Easements, Rights of Way and Leases
Central
has authority to grant, subject to specific conditions27,
easements, rights of way or leases for specific types28
of roads and utility facilities. Consideration and authorization
of these activities will be subject to Central’s “Right
of Way authorization procedure,” as it may be revised over
the life of this Plan. That process is designed to elicit information
about the requested access, construction methods and facilities
so that Central may evaluate the application under the criteria
set forth in Section D.1.b "Permits to Construct" and
determine whether the easement, lease or right-of-way area requested
will be granted.
Nothing
in this Plan precludes Central from charging rent or reasonable
fees for processing applications or administering conveyances or
authorizations for use of Central’s lands made under this
provision.
E.
Endangered Species Protection
Under
this Plan, protection of endangered plant and animal species is
a Project land management priority, and is a particular consideration
whenever a change in land or water use is proposed. The components
of this Plan that specifically address wildlife issues are: 1) the
lease of certain areas within the Project Boundary to NGPC as Wildlife
Management Areas (WMA) and Central’s designation of certain
Project lands as Species Protection Zones (SPZ); and 2) the endangered
species protection measures implemented by Central on all lands
within its Right of Way. This Plan does not address management of
the Jeffrey Island Habitat Area, which was acquired and managed
pursuant to License Article 418, the North Platte River habitat
area, acquired and managed pursuant to License Article 419, or tern
and plover habitat areas managed pursuant to License Article 420.
These acquisitions are managed pursuant to plans that comply with
those other terms and requirements of Central’s license.
1.
Wildlife Management Areas and Species Protection Zones
This
Plan's Land Use Classification maps identify areas where the principal
use designation is “wildlife protection.” These areas
are designated as either WMAs or SPZs. SPZs may be managed either
by NGPC or directly by Central.
a)
Wildlife Management Areas
Central
leases these lands to the NGPC, which manages them specifically
to benefit wildlife, including endangered species. Central’s
long-term leases to NGPC require that the Lessee manage the WMA
lands for wildlife purposes, but NGPC’s rules and regulations
dictate the management of the properties. Generally these lands
are managed to provide habitat for a wide range of species as well
as to provide public recreation in the form of hunting, fishing,
bird watching, primitive camping and other non-consumptive recreational
activities. Areas such as portions of the Clear Creek WMA are designated
as refuges and are managed solely for wildlife protection, and public
use or access is limited accordingly.
b)
Species Protection Zones
Central
applies this designation to lands that need special protection due
to the presence of endangered, threatened or significant plant or
animal species and/or their habitats. Where NGPC leases lands for
an SRA from Central, and parts of those lands are identified as
an SPZ by Central, NGPC defers the management of endangered species
to Central’s endangered species plans.
Currently,
SPZs are designated at Lake McConaughy, Lake Ogallala, Johnson Lake
and the areas below the powerhouses at the J-I and J-2 hydro plants.
Central may designate SPZs using the following criteria:
·
Documented use of the area by endangered or sensitive species.
·
Conflicts between public use, recreation activities, residents,
or development and the species of concern.
·
Resource agency requests for designation of an area.
Designation
of an area as an SPZ enables Central, without notice to the public,
to restrict any or all activities on all or part of an SPZ to protect
endangered species or endangered species habitat.
i.
Recreational Use of an SPZ
Except
for localized restrictions imposed as described above or in Part
2 of this section, general recreational activities are permitted
in SPZs. If activities disturb the species in the area, Central
will, after consultation with the appropriate agencies, impose any
restrictions necessary (including closure of an area) as described
above to an area large enough to prevent disturbance.
ii.
Permits to Construct
In
addition to the normal procedures to obtain a Permit to Construct,
construction of any structure or facility within or adjacent to
an SPZ will require development of an impact assessment and an appropriate
mitigation plan addressing any impacts to the SPZ. Such impact assessment
and mitigation plan shall be prepared in consultation with Central
and the appropriate agencies. Central will review this plan for
adequacy and, if it concurs with the proposal, will submit it to
the necessary agencies for their review and approval. The approving
agencies may require mitigation activities that range from nominal
to very extensive, depending upon the species affected, its use
of the area and the anticipated impacts of the proposal.
2.
Endangered Species Monitoring and Protection Strategies
a)
Interior Least Terns and Piping Plovers
License
Article 421 requires Central to evaluate the need for, and include
in this Plan, measures appropriate to address the protection of
least tern (Sterna antillarum) and piping plover (Charadrius melodus)
nesting sites at Lake McConaughy. Based upon this evaluation, a
"Management
Plan for Least Tern and Piping Plover Nesting on the Shore of Lake
McConaughy" (Management Plan) is made part of this Plan
as Appendix III. In addition to the measures identified in the Management
Plan, site-specific tern and plover protection measures may be developed
in consultation with the resource agencies for implementation at
any site on Project lands. Central may immediately apply the constraints
of a “Species Protection Zone” to an identified area
without awaiting formal FERC approval of changes in the Land Use
Classification Maps or this Plan.
Review
Every
three years Central will prepare a report on the success of the
activities described above in protecting least tern and piping plover
nests on the shore of Lake McConaughy, and will update this Plan
and/or the Management Plan as necessary, to provide a similar level
of protection for nesting terns and plovers as that existing in
1998 when the Kingsley Dam Project license was issued. This report
and reassessment will be completed in consultation with the USFWS
and the NGPC, as discussed in Section 7 of this Plan.
b)
Bald Eagle Roosting and Perching Areas
Wintering
bald eagles regularly feed at Lake Ogallala, below the Johnson No.
2 powerhouse, and at other areas throughout the Project, because
of the availability of open water. Typically, an area with large
trees where bald eagles roost or perch is located near each open
water area frequented by these birds. SPZs have been designated
for bald eagle roost and perch habitat at Lake Ogallala, on an island
in Johnson Lake and in the areas below the J-1and J-2 powerhouses.
i.
Public Education
Central
will continue to provide public opportunities to observe eagles
and other wildlife each winter at the “Eagle Viewing Building”
at Lake Ogallala and at the J-2 powerhouse near Lexington, Nebraska.
Central will also provide informational brochures about bald eagles
and their use of Project Lands.
ii.
Monitoring
Central
will survey Project lands each winter to determine eagle numbers
and locations, and will analyze this data to determine if new or
different SPZs are necessary or appropriate. Central will continue
to monitor bald eagle roost sites and to monitor Project lands for
any nesting activity. Central will provide this information to the
agencies in its periodic monitoring reports.
iii.
Protective Measures
Trees
larger than four inches in diameter cannot be cut within the Species
Protection Zones designated for bald eagle roost and perch protection
at Lake Ogallala and Johnson Lake. NGPC is bound by the terms of
its lease to the provisions of this Plan, including the limitation
on cutting trees. No tree cutting restrictions have been placed
on other Project lands because tree removal is often a maintenance
and safety requirement near the dams and canals. If roosting and
perching trees within an SPZ are lost to fire or storms, Central
will replant trees in the area.
iv.
Review
FERC
License Article 421 requires that bald eagle perch and roost site
protection be reevaluated every three years. The procedure that
Central will follow for this evaluation is included in Section
7 of this Plan.
Section 6 - Recreation Plan
A.
Introduction
This
Recreation Plan documents existing and potential recreational development
and opportunities at each of the lakes, and on the canal system
at the Central Nebraska Public Power and Irrigation District’s
(Central) Kingsley Dam Hydro Power Project, FERC Project No. 1417
(Project). Central’s FERC License Article 421 29
specifies the following requirements for this Recreation Report,
which is a component of the Land and Shoreline Management Plan (Plan).
1.
A recreation component of this Plan shall address use of Project
lands and shorelines designated for public recreation use and the
recreational use of Project waters.
2. The recreation component shall include designation of Project
lands and waters for campgrounds, recreational vehicles, fishing,
hunting, boating and canoeing.
While
this Recreation Plan is included as Section 6 of the Land and Shoreline
Management Plan, it has been prepared to serve also as an independent
and separable document. For this reason, some information presented
here, such as the physical descriptions of the lakes and canal system,
is redundant of other sections of the Land and Shoreline Plan.
As
a general policy, Central considers all of its shorelines adjacent
to the lakes and canal system open to public access, unless an operational
safety concern, natural hazard, or environmental protection issue
requires access restrictions. Central has leased much of the land
within the FERC Project Boundary and adjacent to the lakes to the
Nebraska Game and Parks Commission (NGPC), for use as State Recreation
Areas (SRA’s) or Wildlife Management Areas (WMA’s).
As a result, the majority of existing public park, camping, and
water access facilities on the lakes are managed by the NGPC, pursuant
to the terms of their leases with Central. Concessionaires providing
public marina type and related recreation facilities on Lake McConaughy
sublease these sites from the NGPC. On Johnson Lake, concessionaires
lease the sites inside the FERC Project Boundary directly from Central.
At the present time (summer 2000) no concessions have been authorized
on other Project lakes. Central also leases Project lands for agricultural
uses when doing so is compatible with Project operations and with
Central’s public recreation objectives.
The
residential and seasonal cabin properties that exist in proximity
to the lakeshores are located on private property or on land leased
from Central. These leased sites within Central’s Right of
Way are both within and outside the Project Boundary. The Land Use
Maps in this Plan (located in Section 9) indicate whether particular
sites are on leased land or private property, and whether the property
is inside or outside the Project Boundary.
The
Recreation Facilities Inventory maps found in Section
9, Table 6-1 Lake McConaughy Recreation
Facilities and Table 6-2 Central Recreation
Facilities and Activities found at the end of this Section 6 illustrate
significant existing recreational facilities, such as boat ramps,
campgrounds, picnic areas, and concessions supporting public recreation
needs.
B.
Lake McConaughy
Lake
McConaughy, the largest reservoir in the system, provides the most
diverse public recreation opportunities within the Project area,
and is one of Nebraska’s most popular recreation attractions,
according to the Nebraska Division of Travel and Tourism. The lake,
and the surrounding shoreline and lands, are used for a wide variety
of recreational pursuits, from sail boarding to waterfowl photography.
The
lake is the site of the annual Governor’s Cup Sailboat Regatta,
nationally sanctioned powerboat races have been held on its waters,
air shows have occupied the sky above the lake, and marathons have
been run on the land around the lake. "Women’s Sports
and Fitness" magazine rated Lake McConaughy as one of 10 world-class
sail boarding destinations, including sites in California, Florida,
the Caribbean and Italy. During the winter months, outdoor-recreation
enthusiasts enjoy iceboat wind sailing, as well as ice-skating and
ice fishing. These diverse recreational opportunities, combined
with the media recognition, contribute to the fact that this lake,
located in a relatively sparsely populated area of Nebraska, is
so well known. Although the closest major metropolitan area, Denver,
is 200 miles away, the lake is very popular with people from that
locale. According to NGPC staff, Lake McConaughy can provide recreational
opportunity for over 720,000 visitor days in a year.
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 winding 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.
High
steep clay bluffs border approximately five miles of the south shore
of the lake, beginning at the Dam. 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.
1. Existing Recreation Use
Lake
McConaughy provides diverse recreation uses and opportunities along
the shoreline, including residential development, fully developed
campgrounds and recreation areas, primitive camping areas, and commercial
marinas, as shown on the Lake
McConaughy Recreation Facilities Inventory map (see Section
9) and detailed on Table 6-1 Lake McConaughy
Recreation Facilities.
All
of Central’s land within the FERC Project Boundary surrounding
Lake McConaughy, as well as some areas outside the FERC Project
Boundary, with the exception of the Dam area and four residential
lease areas, are leased to NGPC either for public recreation or
wildlife management purposes. NGPC subleases parcels of its leased
recreation land to private concessionaires who operate recreation-related
businesses around the lake. 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. NGPC also subleases some parcels,
within the Clear Creek WMA at the western end of the lake, for compatible
agricultural purposes.
Lake
McConaughy provides excellent fishing and boating, as well as other
water-based activities, including hunting, sail boating, windsurfing,
swimming, picnicking, ice-boating, water-skiing, SCUBA diving, spear
fishing, bird watching, camping, sand volleyball, primitive camping,
developed camping, power boating, jet skiing, ice skating, cross
country skiing, and snowmobiling.
Fishing
opportunities exist throughout the year. Game fish available in
the lake include rainbow trout, channel catfish, walleye, northern
pike, white bass, smallmouth bass, and tiger muskie. A few large
striped bass still remain in the lake from stocking in the 1970s
and 1980s. Recent stocking of wipers, a white bass/striped bass
hybrid, has provided anglers with memorable tackle-testing challenges.
Fishing tournaments are frequently held in the lake, and SCUBA divers
search the waters for trophy fish in the Nebraska State Spearfishing
Championships.
A
variety of game animals are drawn to the Clear Creek WMA by the
plentiful food and ample cover. These, in turn, draw hunters, birdwatchers,
nature photographers and hikers to the management area. A portion
of the WMA is managed for public hunting and other activities, while
the rest is managed as a refuge with restricted public access. Game
animals include white-tailed and mule deer, wild turkey, ducks,
geese, pheasant, quail, prairie chicken, grouse, rabbits, antelope,
and squirrels. Additional bird watching opportunities exist during
the spring and fall migrations, with white pelicans and sandhill
cranes, and an occasional whooping crane has been recorded. Wildlife
shrub plantings have created a haven for songbirds.
While
much of the shore of Lake McConaughy is undeveloped, there are several
developed recreation areas and numerous private concessionaires.
The recreation areas along the north shore, the south shore, and
the leased cabin areas are discussed briefly in the following sections
of this report. A summary of existing recreation facilities is provided
in Table 6-1.
THE NORTH SHORE
The
following recreation areas and facilities are located, moving from
west to east, along the north shoreline of Lake McConaughy.
Omaha
Beach – An NGPC public recreation area, Omaha Beach has picnic
facilities, primitive campsites, trash receptacles, and a boat ramp.
Drinking water and toilet facilities are also available. The Marina
Landing concession, located just east of Omaha Beach, offers hunting,
fishing, camping, and boating supplies, as well as groceries, gas,
state hunting and fishing permits, a motel, a self serve laundry,
guide service, and a restaurant.
Cedar
Vue – This NGPC public campground facility is designed for
campers who don’t want to "rough it." The campground
provides diverse amenities, including all-weather camping pads,
electrical hookups, a shower-latrine building, two low-water boat
ramps, a sandy beach, an observation point, two playgrounds, drinking
water, a pay telephone, grills, picnic tables, fish-cleaning station,
trash receptacles, a trailer dump station, and blacktop roads. Nearby
concessions provide a wide range of services and supplies. This
area is handicapped-accessible.
Otter
Creek – Sometimes referred to as "the fisherman’s
headquarters," the NGPC Otter Creek recreation area has one
boat ramp, in a sheltered cove, which facilitates mooring near primitive
campsites. This camping area also offers picnic tables, a fish-cleaning
station, primitive toilets, trash receptacles, a cookout area and
hiking trails.
The
Otter Creek Lodge, adjacent to the recreation area, owns and operates
rental cabins and trailers, in addition to retail fishing and camping
supplies, gas, and groceries. The Lodge also offers dining facilities,
a guide service and boat launching services.
Spring
Park – The NGPC Spring Park is a rustic campground providing
picnic tables, grills and playground equipment within a stand of
mature cottonwood trees. The facilities also include a boat ramp
and an observation point. Road access to the area is via Public
Road No. 9 off Highway 92.
Admiral's
Cove – This NGPC public recreation area provides primitive
camping and picnic facilities. The Admiral's Cove concession offers
cabin, boat, and jet ski rentals, camping supplies, permits, gas,
groceries and other marina- related items.
North
Shore – This NGPC recreation area offers a primitive campground,
a small area with picnic tables, RV parking, grills, and a boat
ramp. The adjacent concessionaire, North Shore Lodge, offers overnight
lodging facilities, fishing and camping supplies, a marina, boat
and cabin rentals, gas, groceries, a trailer park with full camper
hook-ups, showers, fish-cleaning station, trash receptacles, and
a restaurant.
Sandy
Beach – This appropriately named NGPC public recreation area
is popular for swimming. It also serves as a sailboat launching,
wind surfing, and day-use location. The west area features picnic
tables and primitive campsites. NGPC has recently improved the east
area with the addition of new facilities and paved roads. Camping
on the beach is also permitted here.
Arthur
Bay – This is another recently improved NGPC public recreation
area and offers paved roads and a sandy beach. Facilities are varied,
with both primitive or developed campsites and showers and flush
toilets or primitive toilets available. Additional amenities in
this area include trash receptacles, a pay phone, an information
area, and picnic tables. The newly developed area includes facilities
accessible for the handicapped.
Little
Thunder Bay – This newly developed NGPC public campground
area provides paved roads and camping pads, recreational vehicle
hook-ups, showers, flush toilets and facilities accessible for the
handicapped.
Martin
Bay – Located next to the Dam along the north shore, Martin
Bay is one of the most heavily used NGPC public recreation areas
on Lake McConaughy. It offers a wide array of facilities and services
that are popular with anglers, pleasure boaters, water skiers, sailors,
wind surfers, jet skiers, and swimmers. In the winter months, this
location offers ice fishing and skating. This area is handicapped
accessible. These recently improved facilities include: paved roads,
low-water boat ramp, sandy beach, sanitary disposal station, ample
tree shade, playgrounds, picnic tables, improved campsites, fish-cleaning
stations, and flush toilets and showers.
THE
SOUTH SHORE
Moving
from east to west, the following recreation areas and facilities
are located along the south shoreline of Lake McConaughy.
Spillway
Bay – Located at the southeastern corner of the lake, this
NGPC public recreation area serves anglers interested in fishing
the area near the Dam and the rocky points off the south shore.
It features two low-water boat ramps, block-and-tackle equipment
for sailboat masts, toilet facilities, picnic tables and a pump-out
station for boats (floating). At the present time, the NGPC area
headquarters are located off Highway 61 at Spillway Bay, and offers
information on the lake and region to the public. When the Lake
McConaughy Visitor & Water Interpretive Center, south of the
Spillway Bay area, is completed in late 2000, both NGPC and Central
will move their offices to the new location. Central donated its
(non-Project) land to the NGPC for this purpose.
Kingsley Lodge is a full service concession, located off Highway
61 that looks out over the lake and offers cabin and boat rentals,
dining facilities, camping and fishing supplies, groceries, and
gasoline. An additional nearby concession is the Hilltop Inn, a
restaurant and lounge providing a panoramic view of the lake.
Divers Bay and Million Dollar Bay – These two bays provide
sheltered coves where nearby residents store their boats. Million
Dollar Bay has a variety of individual and cluster docks, covered
boathouses, as well as boats moored off shore, as does Divers Bay.
Ogallala
Beach – This access area includes a primitive campground,
toilets, water, picnic tables and a wide, sandy beach.
Lakeview
– This NGPC public recreation area has a primitive campground,
boat ramp, playground, picnic tables, toilets and fish-cleaning
station.
Van’s
Lakeview Fishing Camp is currently the only lakeside concession
on the south side of Lake McConaughy. Van’s offers boat and
cabin rentals, trailer camp sites with electrical and water hookups,
a shower house, boat ramp and boat launching services, gasoline
sales, drinking water, a sanitary dump station. Adjacent to Van’s,
and outside of Central’s Project Boundary, is a large, densely
populated, residential subdivision.
Eagle
Gulch Cove – This NGPC public recreation area provides primitive
camping, picnic tables, water, and a boat ramp. Hunters and fishermen
seeking a more remote area of the lake frequent this area.
LEASED
CABIN AREAS
Central
has entered into a master lease with the Lake McConaughy Lessees,
Inc. (LMLI) for the purpose of managing and subleasing the four
cabin lease areas on the lake. Three relatively small cabin lease
areas (K-2, K-3 and K-4) are located along the length of the north
shore, near the east and west ends of the lakes, and near the center
of the north shore. The fourth cabin area (K-1) is fairly large,
and is located on the bluffs of the south shore, on one of the peninsulas
near the Dam. K-1 has numerous facilities on the shoreline and in
the water, including private docks, covered boathouses and a cluster
pier. Designated as "Private Cabin Areas K1, K2, K3, and K4,"
these areas contain a total of 126 permanent residences and summer
vacation cabins.
2.
Potential Future Recreation Development and Uses
As
mentioned earlier in this report, the NGPC has recently completed
an extensive recreation facility improvement Project along the east
end of the north shore of Lake McConaughy. These improvements include
several miles of paved roads, updated restroom and shower structures
with handicapped-accessible facilities, and new campsites with paved
pads and electric and water hook-ups.
When completed, NGPC’s Lake McConaughy Visitor & Water
Interpretive Center will enhance recreational opportunities at the
Project. As noted above, completion of this facility and relocation
of NGPC’s and Central’s regional offices are anticipated
to take place later in 2000.
C.
Lake Ogallala
1.
Existing Recreation Use
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 Boundary30.
With the exception of the areas that are restricted for safety reasons
in the power operations area, the entire shore is open for public
recreational access (see the Lake
Ogallala Recreation Facilities Inventory map in Section 9).
The NGPC leases all of the shoreline within Central’s FERC
Project for recreation or wildlife management, except for the Dam
and Project operations area. The southeast portion of the lake is
a mature wetland area.
The
NGPC has developed and manages recreation facilities in the vicinity
for camping, picnicking, and fishing, including two campgrounds
near the lake. The east-side campground is highly developed and
offers 82 all-weather camping pads, 18 electrical hookups, flush
toilets, hot showers, and fire grates. Picnic tables, water faucets,
and trash receptacles are available throughout the site. There are
also campsites and restrooms with showers that have been designed
and built to accommodate wheelchair access and use. Recently added
handicapped-accessible facilities include a fishing dock and a short
bridge across the cove at the north end of the lake. The west side
of the lake offers camping and boating access facilities, including
two boat ramps, fish-cleaning stations, primitive camping facilities,
toilet facilities, trash receptacles, and playground equipment.
Central
constructed a multi-purpose structure and eagle viewing facility
on the west side of the Lake near the Project operations area in
1998. The continuously flowing water from Lake McConaughy keeps
the portion of Lake Ogallala immediately below this plant open in
the winter, providing prime fishing opportunities for numerous bald
eagles and other bird species. The viewing facility is free to the
public and offers an up-close view of eagles, coyotes, and other
wildlife. Picnic tables and restroom facilities are located at the
site, and there are 1.8 miles of hiking trails.
2. Recreation Opportunities and Constraints
The
cold water, drawn from the bottom of Lake McConaughy, flowing into
Lake Ogallala creates an ideal habitat for trout, and as a result
the lake is a popular fishing venue. NGPC regularly stocks trout
in Lake Ogallala because there is no natural reproduction. Aeration
systems have been installed in part of the lake to ensure sufficient
dissolved oxygen to meet state water quality standards, and for
that reason it has been designated as a "no boat anchor"
lake. Lake Ogallala has also been designated as a wakeless boating
lake. The lake also supports sport fish species such as yellow perch,
channel catfish, white bass, and walleye.
During
the winter the lake becomes a popular site for ice fishing. Waterfowl
hunting is also an attraction at Lake Ogallala. Because of the cool
water temperatures, swimming is not generally a popular activity.
3.
Potential Recreation Development and Use
The
shoreline is fairly well developed for camping and day use. No additional
recreation developments or improvements are currently planned for
Lake Ogallala, although the residential area outside the FERC Project
Boundary has been platted for several individual home sites.
D.
The Supply Canal System
Central’s 75-mile-long Supply Canal system flows east through
the Platte River Valley and canyonland country. The canal’s
Diversion Dam is on the Platte River 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 Central’s project. 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).
1.
Existing Recreation Use
Central’s
Supply Canal system is generally open to the public recreational
access, with the exception of operational areas where safety concerns
are a priority. Fishing is the most popular activity on the canal,
especially around the Diversion Dam and below the outlet where the
canal flows back into the Platte. The canal system has been designated
as a wakeless boating area, with boat speed not to exceed 5 mph.
Recreation uses include fishing, hiking, and canoeing on the canal.
2. Recreation Opportunities and Constraints
Central
allows public access to the banks and waters of the Supply Canal
system for fishing and boating within the confines of the wakeless
boating designation, and has also provided bank-fishing facilities
at the Diversion Dam. However, many areas of the Supply Canal have
steep banks that are susceptible to erosion. These areas will be
monitored to determine if fishing or related shoreline activity
is causing additional erosion or slumping. If problems are apparent,
Central will consult with interested agencies to identify reasonable
and effective site-specific options to address the issue.
3.
Potential Recreation Development and Use
No
additional recreational developments or improvements are currently
planned for the Supply Canal system.
E.
The Supply Canal System / Lincoln County
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. When the Project was originally constructed, dams were
often built across the north ends of the canyons, creating the canyon
lakes. The majority of the lakes throughout the Supply Canal system
are canyon lakes that were formed by this activity. 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 steep banks.
The canyon lakes in Lincoln County are similar in nature but differ
in size. They all have long arms, steep banks and little or no adjacent
development. While there are several canyon lakes in Lincoln County,
this Recreation Plan will discuss only Boxelder Canyon Lake (22
surface acres) (see the Boxelder
Canyon Lake Recreation Facilities Inventory map in Section 9),
Cottonwood Canyon Lake (33 surface acres) and Snell Canyon Lake
(53 surface acres), all of which have adjacent or nearby road access.
1.
Existing Recreation Use
Of
the three lakes (Boxelder, Cottonwood, and Snell), only Cottonwood
has a public recreation facility, and it consists of a graveled
boat ramp. A variety of recreational activities are available at
these lakes, but they are generally land-based, due to the steep
banks around the lakes. Dove and waterfowl hunting are among the
most popular activities, with picnicking, hiking, fishing and nature
photography also occurring in the area.
2.
Recreation Opportunities and Constraints
All
of the canyon lakes are small in size, and have been designated
as wakeless boating lakes. The steep banks present slumping or erosion
concerns that affect the feasibility of providing lakeside recreational
facilities.
3.
Potential Recreation Development and Use
Concerns
about slumping, erosion, and other potential adverse impacts of
increased shoreline activity at these small lakes precludes proposing
additional lakeside recreational facilities.
F.
Jeffrey Reservoir
Jeffrey
Reservoir is a canyon lake with 575 surface acres and 25 miles of
shoreline, and is the westernmost impoundment along the Supply Canal
with waterside residential development. (See the Jeffrey
Reservoir Recreation Facilities Inventory map 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.
All
of the shoreline and waters of this canyon lake are open for public
recreational access, except where access is limited for safety,
environmental or other reasons.
1.
Existing Recreation Use
The
dam and Central’s operations area on the north end of the
lake incorporate a powerhouse, a permanent boat dock facility, several
small residences and one large residential structure that Central
uses for conferences and meetings. Central’s employees may
also request and use these facilities for personal activities. NGPC
leases one small area as a WMA. The WMA contains the only public
boat ramp on Jeffrey Reservoir, and a pit toilet. The remainder
of the land around the shore is residential, agricultural or open
space.
Residential
development is located on the north side of Jeffrey Reservoir at
the west end of the dam, and along much of the eastern shore. The
development is accessible by Highway L56D and county roads. Most
of these cabins and homes are located within Central’s Project
Boundary.
2.
Recreation Opportunities and Constraints
The
west side of Jeffrey Reservoir is almost inaccessible due to steep
bluffs rising from the shoreline and the lack of roads. However,
waterfowl hunting is very popular in this area, and private waterfowl
blinds on the west edge of the lake take advantage of the large
numbers of migratory birds that frequent the lake in the fall. Other
recreational activities supported by Jeffrey Reservoir include fishing
for white bass, walleye, channel catfish, and crappie, as well as
primitive camping, picnicking, canoeing, boating, hiking, and hunting.
Water skiing, power boating and jet skiing are also popular on Jeffrey
Reservoir.
As
described in Section 4.E.5, one of the developmental constraints
at Jeffrey Reservoir is the sedimentation that has occurred at the
mouth of the Supply Canal at the northern end of the reservoir.
As part of its ongoing programs to promote public use of its waters,
Central will, as part of this Plan, dredge portions of the sediment
deposits to open a more easily traversable waterway between the
north and south portions of the reservoir. Specifically, subject
to regulatory approval by the United States Army Corps of Engineers,
the Nebraska Department of Environmental Quality, and any other
jurisdictional agencies, Central will dredge a channel to permit
recreational boating access between the north and south parts of
Jeffrey Reservoir. The channel shall be approximately as shown on
Figure
1-3 (see Section 9) that is approximately 1800 feet in length
and approximately 70 feet wide at the top with an approximately
40 foot bottom. Assuming timely regulatory approval of this Plan
and of the necessary regulatory requirements, Central will complete
the dredging no later than June 1, 2004.
Central
shall deposit the dredged material into one or both of the nearby
bays as shown on Figure
1-3. The bay or bays will be blocked by an earthen dike or dikes
constructed by Central to prevent the removed material from returning
to the reservoir. Central shall place broken concrete on the lakeside
of the dike(s) to protect against erosion.
Central
shall maintain the dredged channel during the term of its FERC license
by, if necessary, redredging the channel to the length, width and
depth described above, every ten years from the date of completion
of the initial dredging project.
3.
Potential Future Recreation Development and Uses
Two
areas of Jeffrey Reservoir have been designated as possible future
development locations. Central anticipates that future residential
development will occur on private land in one of the cove areas
along the northwestern shore. This cove area may not be suitable
or adequate to provide individual docks or shore stations for all
of the homes; thus Central believes only one or two docks or a community
dock facility may appropriately be permitted in this area of the
reservoir.
The
second area designated for future recreation development lies on
the eastern shore of the reservoir, just below the NGPC WMA. No
development is proposed at the present time, but several factors,
such as road access and the scenic view from the top of the reservoir
bank, make this area potentially desirable for future recreation
development. Central does not, however, anticipate any additional
recreation development on this reservoir in the foreseeable future.
G. The Supply Canal System
/ Dawson County
1.
Existing Recreation Use
The
canyon lakes of Dawson County are very similar to the canyon lakes
in Lincoln County, except that the banks surrounding several of
these lakes are very high as well as steep. While there are several
lakes on this stretch of canal, this Recreation Plan will focus
on the lakes with convenient public road access. These include Hiles
Canyon Lake and the Midway Lakes. (See the Midway
Lakes Recreation Facilities Inventory map in Section 9.) The
smaller lakes in this chain have limited access, no facilities or
development, and are designated as wakeless boating only. Consequently
there are no plans to add any facilities at the smaller lakes. These
lakes are generally open for public use, although access to some
of them may be practical only on foot or by canoe.
West
Midway Lake, 116 surface acres, is used primarily for hunting and
fishing because it is very shallow. Access to the lake is limited,
as the only access is by unimproved road through private property.
The adjacent property owner has leased some trailers near the lake
to others in the past, but no development or facilities exist inside
Central’s Project Boundary.
Central
Midway Lake is large, with 341 surface acres, and convenient road
access to several sections of the lake. These waters are used for
fishing, boating, water skiing, waterfowl hunting and other recreational
pursuits. There are two residential developments inside Central’s
Project Boundary. Central has leased these to the Midway Wildlife
and Recreation Club on the express condition that the Project lands
and waters remain open to public use.
Camp
Comeca is a Methodist conference center that occupies private land
near the east side of Central Midway Lake. The Camp is popular and
has several buildings, 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
access to the lake, visitors to the camp frequently use the lake
as part of the Camp activities and programs.
East
Midway Lake consists of two lakes connected by a short span of canal.
The western lake is approximately 82 surface acres, while the smaller
adjacent lake contains 22 surface acres. These waters are used for
fishing, boating, water skiing, waterfowl hunting and other recreational
pursuits. One small area of leased cabins is located within Central’s
Project Boundary on the north edge of the western lake.
2.
Recreation Opportunities and Constraints
One
property owner requested and received permission from Central for
lake access via an electric conveyor platform, and for a retaining
wall and boat dock. Central will continue to monitor use along these
lakes and if slumping or erosion is identified as a use-related
problem, will consult with interested agencies to define solutions.
3.
Potential Recreation Development and Use
Although
the steep slopes around these lakes discourage most public recreational
access, development of individual homes on private property near
the shore in this area may well continue. Central is not aware of
any current development proposals for this area.
H.
Gallagher Canyon Lake
1.
Existing Recreation Use
Gallagher
Canyon Lake has 182 surface acres of water, has 15 miles of jagged
shoreline, including one mile-long arm. (See the Gallagher
Canyon Lake Recreation Facilities Inventory map in Section 9.)
The NGPC has leased land within Central’s Project Boundary,
on the north boundary of the lake, for an SRA. This public park
area is forested with evergreen and cottonwood trees and has primitive
camping sites, a boat ramp, grills, toilets, and playground equipment.
2.
Recreational Opportunities and Constraints
Even
though the lake is a fairly large, due to its shallow water and
narrow channel it is designated for wakeless boating only. For that
reason, most of the water recreation involves fishing, canoeing
and swimming. Hunting is popular, as are numerous hiking trails
in the area. In the winter, the area and its many trails are popular
with snowmobile users and cross-country skiers. Game fish in the
lake include white bass, crappie, drum, catfish and walleye.
3.
Potential Recreation Development and Use
No
additional recreation facilities are proposed in the foreseeable
future.
I.
Plum Creek Canyon Lake
1.
Existing Recreational Use
Plum
Creek Canyon Lake has 252 surface acres, and while it has steep
hill banks, they are not as high as those found on the Midway Lakes.
(See the Plum
Creek Canyon Lake Recreation Facilities Inventory map in Section
9.) Plum Creek Canyon is a shallow, long and narrow lake, often
frequented by water skiers. The NGPC leases a small WMA on the south
shore and provides a boat ramp facility at that location. A second
public boat ramp is located on the north end of the lake at the
inlet to the lake. The recreational activities on the lake and surrounding
area are similar to the other canyon lakes, including fishing, hunting,
boating, picnicking, water skiing, and relaxing. The water and shoreline
of this lake are generally open for public recreational access.
Homes
occur on private property and on Central owned lands, both within
and outside the Project Boundary. Central allows boating access
for all of the leased homes on Plum Creek Canyon Lake. In many cases
property owners have constructed boathouses, boat docks, and/or
steps down the bank to the water.
2.
Recreational Opportunities and Constraints
Recently
a new residential subdivision was platted on private property adjacent
to the lake.
3.
Potential Recreation Development and Use
The
remainder of the land area around the lake has been designated as
open space, and no recreation development proposals have been discussed
with Central.
J.
Johnson Lake
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. Unlike the other lakes in the system, which each lie within
one county jurisdiction’s, 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. Johnson Lake is reachable
by Highway 283 and county roads; a blacktop county road with many
gravel access roads encircles the lake. (See the Johnson
Lake Recreation Facilities Inventory map in Section 9.) Public
recreational access is provided on the entire shoreline within the
FERC Project Boundary. Summertime activities cover the entire spectrum
of recreational activities, including boating, picnicking, camping,
fishing, hiking, sailing, golfing, wildlife viewing, and hunting.
Wintertime activities include ice fishing, ice-skating, cross-country
skiing, and snowmobiling.
1.
Existing Recreation Development
The
NGPC leases two parcels of Central property for SRA’s on Lake
Johnson. The SRA adjacent to the western inlet canal is heavily
used for fishing and boat access. The south side of the inlet has
a modern camping area with gravel camping pads, electrical hookups,
and modern restrooms. There is a boat ramp and a fish-cleaning station,
as well as a handicapped-accessible fishing pier. The north side
of the inlet offers primitive camping only, portable toilets, drinking
water, and another handicapped-accessible fishing pier. The second
SRA is located at the southeast end of the lake and has extensive
campground facilities, including 81 gravel camping pads with electrical
hookups, excellent facilities including restrooms and shower buildings
with access to the facilities for the handicapped, and a dump station.
A modern fish-cleaning station was recently added to the site. A
swimming beach, marked with buoys during the summer months, is located
near the intersection of Highway 283 and the lake road.
The
four recreation concessionaires on the Lake lease directly from
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 the Project works and several
small and different use leases. Adjacent to the lake at the dam
is the Lakeside Country Club’s 18-hole golf club, which is
open to the public. The golf course lies downstream of the dam,
and all but a few acres are within Central’s Project Boundary.
2.
Development Opportunities and Constraints
The
shoreline adjacent to Johnson Lake is "built out." No
new land or recreation uses are anticipated in the foreseeable future.
Existing public access for boating to the lake is provided at numerous
locations around the lake at the NGPC recreation site and at the
concessionaire’s facilities. Central requires the concessionaires
to provide free public boat access to the water.
Both
residents and visitors have used Johnson Lake for hunting waterfowl
for many years. The trend towards using lake homes as year-round
or every-weekend residences has created occasional conflicts between
residents and hunters. Numerous residents would like to see the
lake designated as a no hunting zone, but hunters object to the
loss of a convenient hunting area. The State of Nebraska has a 200-yard
safety zone around residences, within which no hunting can occur,
and additional signage has been posted. One area of the lake has
been designated as a Species Protection Zone because of bald eagle
and migratory waterfowl use, with a second area located just below
the J-1 Hydro Facility.
3.
Potential Recreation Development and Use
At
the present time, no additional uses or expansions of use are anticipated
at Johnson Lake, except for the possible replacement of the smaller
cabins and trailers with larger homes on the residential lots.
K. Supply Canal System
/ Gosper County
The
Supply Canal system in Gosper County travels through Phillips Lake,
East Phillips Lake and Little Knapple Lake. (See the Phillips Lake
Recreation Facilities Inventory map in Section 9.)
1. Existing Recreation Use
Of
these three lakes, only East Phillips Lake has shoreline recreational
facilities, although Little Knapple does have three houses near
the shoreline on private property. East Phillips Lake has a surface
area of 142 acres and three long arms that reach south from the
main body of the lake. The NGPC has leased land for a WMA within
Central’s Project Boundary. This 13-acre site provides a boat
ramp, primitive camping sites, picnic tables, and a well for recreationists.
These lakes are generally open to the public for recreation. This
area of the Supply Canal system is used for hunting, as well as
fishing and other land and water-based recreational activities.
The surrounding lands are used for hunting waterfowl, upland game,
and mule deer.
2. Recreation Opportunities and Constraints
Phillips
Lake has been designated for wakeless boating due to its size.
3.
Potential Recreation Development and Use
No
additional recreation facilities are proposed at any of these lakes.
Table 6 – 1 Lake McConaughy
Recreation Facilities
| |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Information
and/or
Visitors Center |
|
X |
X |
|
X |
X |
|
|
X |
X |
|
|
|
|
X |
|
| Concessionaire |
|
|
X |
|
X |
X |
|
|
|
X |
|
|
|
|
X |
|
| Restaurant
or Food |
|
|
X |
|
X |
X |
|
|
|
X |
|
|
|
|
|
|
| Groceries |
|
|
X |
|
X |
X |
|
|
|
X |
|
|
|
|
X |
|
| Trailer
Park |
|
|
X |
|
X |
X |
|
|
|
X |
|
|
|
|
X |
|
| Modern
Campground |
|
X |
|
|
|
X |
|
X |
X |
|
|
|
|
|
X |
|
Camping
Pads w/
Electrical Hookups |
|
X |
|
|
X |
X |
|
|
|
|
|
|
|
|
X |
|
| Primitive
Campground |
X |
X |
|
X |
X |
|
X |
X |
X |
X |
X |
X |
X |
X |
X |
X |
Rental
Cabins
or Motel |
|
|
X |
|
X |
X |
|
|
|
X |
|
|
|
|
X |
|
| Marina |
|
|
X |
|
X |
X |
|
|
|
X |
|
|
|
|
X |
|
| Boat
Rental |
|
|
X |
|
X |
X |
|
|
|
X |
|
|
|
|
X |
|
Marine
Supplies
& Service |
|
|
X |
|
X |
X |
|
|
|
X |
|
|
|
|
X |
|
| Boat
Launching |
|
|
X |
|
X |
X |
|
|
|
X |
|
|
|
|
X |
|
| Boat
Ramp |
X |
X |
X |
X |
X |
|
X |
X |
X |
X |
X |
|
X |
|
X |
X |
Fish
Cleaning
Station |
|
X |
X |
|
|
X |
|
|
X |
|
|
|
|
|
X |
|
| Fishing
Supplies |
|
|
X |
|
X |
X |
|
|
|
X |
|
|
|
|
X |
|
| RV
Dump Station |
|
X |
|
|
|
|
|
|
X |
X |
|
|
|
|
|
|
| Toilets |
X |
X |
X |
X |
X |
X |
|
X |
X |
X |
|
|
|
X |
X |
X |
| Drinking
Water |
X |
X |
X |
X |
X |
X |
|
X |
X |
X |
X |
X |
|
X |
X |
X |
| Picnic
Tables |
X |
X |
X |
X |
X |
X |
X |
X |
X |
|
|
|
|
X |
X |
X |
| Fire
Grates |
|
X |
|
|
|
|
X |
X |
X |
|
|
|
|
X |
X |
X |
| Observation
Point |
|
X |
|
X |
|
|
|
|
|
X |
|
|
|
|
|
|
| Handicapped
Accessible |
|
X |
|
|
|
|
|
X |
X |
|
|
|
|
|
|
|
Table 6 – 2 Central Recreation
Facilities and Activities
| |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
| Lake
McConaughy |
X |
X |
X |
X |
X |
X |
X |
X |
X |
X |
X |
X |
X |
X |
X |
X |
X |
X |
X |
X |
X |
X |
X |
| Lake
Ogallala |
X |
X |
X |
X |
X |
X |
|
X |
X |
X |
X |
|
X |
X |
X |
|
|
|
|
|
|
X |
X |
| Central
Supply Canal |
|
X |
|
|
|
X |
|
|
X |
|
|
|
X |
X |
X |
|
|
|
|
|
|
X |
|
| Boxelder
Canyon |
|
X |
|
|
|
X |
|
|
X |
|
|
X |
X |
X |
X |
|
|
|
|
|
|
X |
|
| Cottonwood
Canyon |
|
X |
|
|
|
X |
|
|
X |
|
|
|
X |
X |
X |
|
|
|
|
|
|
X |
|
| Target
Canyon |
|
X |
|
|
|
X |
|
|
X |
|
|
|
X |
X |
X |
|
|
|
|
|
|
X |
|
| Snell
Canyon |
|
X |
|
|
|
X |
|
|
X |
|
|
|
X |
X |
X |
|
|
|
|
|
|
X |
|
| Jeffrey
Reservoir |
X |
|
|
X |
|
X |
X |
|
X |
|
|
X |
X |
X |
X |
|
|
|
|
|
|
X |
|
| Hiles
Canyon |
|
X |
|
|
|
X |
|
|
X |
|
|
|
X |
X |
X |
|
|
|
|
|
|
X |
|
| West
Midway |
|
|
|
|
|
X |
|
|
X |
|
|
|
X |
X |
X |
|
|
|
|
|
|
X |
|
| Central
Midway |
|
|
|
|
|
X |
X |
|
X |
|
|
|
X |
X |
X |
|
|
|
|
|
|
X |
|
| East
Midway |
|
|
|
|
|
X |
X |
|
X |
|
|
|
X |
X |
X |
|
|
|
|
|
|
X |
|
| Gallagher
Canyon |
|
X |
X |
X |
|
X |
|
|
X |
|
X |
|
X |
X |
X |
|
|
|
|
|
|
X |
|
| Plum
Creek Canyon |
|
|
|
X |
|
X |
X |
|
X |
|
|
|
X |
X |
X |
|
|
|
|
|
|
X |
|
| Johnson
Lake |
X |
|
X |
X |
X |
X |
X |
X |
X |
X |
X |
|
X |
X |
X |
X |
X |
X |
X |
X |
X |
X |
X |
| Phillips
Lake |
|
X |
|
|
|
X |
|
|
X |
|
|
|
X |
X |
X |
|
|
|
|
|
|
X |
|
| East
Phillips Lake |
|
|
|
X |
|
X |
|
|
X |
|
|
|
X |
X |
X |
|
|
|
|
|
|
X |
|
| Little
Knapple Lake |
|
X |
|
|
|
X |
X |
|
X |
|
|
|
X |
X |
X |
|
|
|
|
|
|
X |
|
Section 7 - Plan Amendments and Updates
A.
Introduction
The
Land and Shoreline Management Plan may be amended from time to time.
Amendments may be necessary to address: a) changes in the use of
Central’s Project lands resulting from changes in the use
of adjoining lands; b) requests by other parties for changes in
the use of Project lands; c) the need to conform administrative
procedures to be responsive to FERC, the agencies or public; d.)
changes arising from the required periodic (5-year) Plan update
reports to FERC or the periodic (3-year) reevaluation of the tern
and plover nest protection and bald eagle perch and roost site protection
components of this Plan. Formal amendments will not be necessary
to update the Appendices to the Plan, and periodic changes or additions
may be made to reflect concomitant changes to related federal, state,
or local regulations, processes, and contracts.
Procedures
and processes for accomplishing the required Plan updates and achieving
any necessary associated Plan changes are defined in Section C,
below. Procedures for amending this Plan at times and for reasons
not directly associated with the periodic Plan updates appear in
Section B, below.
B.
Amendments to this Plan
1.
Changes in the Use of Adjoining Lands
Step
1- Determination. If Central determines that changes or proposals
for changes in the use of lands adjacent to the Project Boundary,
are sufficient to warrant a change in the land-use designation of
an area or parcel, Central will prepare an application to amend
to this Plan. If the changes are on, or adjacent to, lands leased
to NGPC for recreational purposes, Central will consult with the
NGPC prior to preparing the amendment application.
Step
2 – Agency Review. If the proposal may potentially impact
endangered species, cultural resources, public recreation, or waters
under Corps jurisdiction, Central will forward the draft amendment
application to the appropriate agency or agencies and/or affected
local governments, requesting review and comment within thirty days.
Step
3 - Notice of Request. If the proposed amendment results in a change
in the land-use designation of more than five acres or 2,500 lineal
feet of shoreline, Central will post the proposed amendment on its
web site, and publish a notice of the proposed amendment in a newspaper
of general circulation closest to the impacted area, soliciting
public comment. Central will also notify adjoining landowners that
may be impacted by the amendment.
Step
4 - Comments. Comments received will be considered, and potential
revisions to the proposed amendment identified. If public comments
cannot be handled by a general response, or if members of the general
public so request, Central will schedule a public meeting to discuss
the proposed amendment.
Step
5 – Response to comments. After the comment period, and public
meeting, if any, Central will consider revising the proposed Plan
amendment as appropriate based upon the substance of the comments
from the agencies or the public. Central will then prepare a final
amendment application.
Step
6 – Review by the Board of Directors. The completed amendment
request and the staff recommendation will be presented to Central’s
Board of Directors for review and approval or denial.
Step
7 - Submittal to FERC. The completed amendment application will
be filed with FERC for review and consideration.
Step
8 – Implementation. Changes to this Plan cannot and will not
be implemented until FERC has formally issued an order approving
the amendment.
2.
Requests for Changes to Land Use Classifications or for Modification
of this Plan
Step
1 – Determination. An individual or entity requesting a change
in land use classification or other provision of this Plan should
contact or meet with Central’s Real Estate Administrator (Administrator)
to discuss the proposal. If the Administrator determines that Central
is willing to consider the change and that the proposal would require
an amendment to this Plan, the Administrator will inform the applicant
of the process and forms required.
Step
2 – Submittal. The information submitted by an applicant for
consideration of changes to the Plan must contain specific details
regarding the dimensions, materials, and use of any facilities to
be constructed or detailed facts and reasons supporting any proposed
alteration to the shoreline or lands within Central’s Project
boundary, or other specific information necessary for full consideration
of the request.
Step
3 – Review by Central. Central staff will review the applicant’s
submittal to determine its preliminary position on the proposal
and to ensure that it is consistent with all of the current laws
and regulations governing the proposed measure. Central will prepare31
a draft amendment application for agency and FERC review.
Step
4 – Agency Review. If the proposal may potentially impact
endangered species, cultural resources, public recreation, or waters
under Corps jurisdiction, Central will forward the draft amendment
application to the appropriate agency or agencies and/or affected
local governments, requesting review and comment within thirty days.
Central will advise the applicant of changes requested by the consulting
agencies.
Step
5 – Notice of Request/ Comments. Central will post the draft
amendment (or revised draft amendment) request on its Internet web
site and advertise a notice of the proposed amendment in local newspaper(s),
allowing a thirty day comment period for the public. Central will
also notify adjoining landowners that may be impacted by the amendment.
Step
6 – Informal public meeting. If the proposed amendment will
directly affect more than five acres or 2,500 lineal feet of shoreline,
if comments from the public, agencies or local governments cannot
be handled by a general response, or if requested by a member of
the public, coincident with Step 5, Central will notify affected
parties and advertise an informal public meeting to discuss the
proposed amendment. At the meeting the applicant may present the
proposed Plan amendment to the attendees and respond to their questions
and comments.
Step
7 - Applicant Revision. After the comment period and public meeting,
if any, the applicant may revise the application, with Central’s
assistance if necessary, based upon any new information.
Step
8 – Prepare Recommendation. When the comment period, public
meeting, and applicant revisions, if any, are complete, Central’s
staff will consider the applicant’s proposal (or revised proposal)
and the comments received, and will prepare a recommendation to
grant or deny the amendment request.
Step
9 – Review by the Board of Directors. The completed amendment
request and the staff recommendation will be presented to Central’s
Board of Directors for review and approval or denial.
Step
10 – Submittal to FERC. The approved amendment application
will be finalized and filed with FERC for review and approval.
Step
11 – Implementation. Changes to this Plan will not and cannot
be implemented until FERC has formally issued an order approving
the amendment.
3.
Administrative Changes to this Plan
Step
1- Determination. If Central determines that changes in this Plan
are necessary to conform this Plan to FERC regulations, or to modify
or conform administrative procedures to be appropriately responsive
to FERC, the agencies or public, Central will prepare an amendment
to this Plan.
Step
2 - Notice of Request. If the proposed amendment involves substantive
changes any of the procedures, processes or regulations in this
Plan, Central will post the proposed amendment on its web site,
and publish a notice of the proposed amendment in a newspaper of
general circulation, soliciting public comment. The comment period
shall be thirty days from the date of publication. Central will
also send copies of the proposed amendment to the USF&WS and
NGPC for comment. If the proposed amendment does not involve substantive
changes to this Plan, Central will send notice of the proposed amendment
to the Agencies, local governments and affected Lessees of Project
lands, simultaneously with filing the application to amend the Plan
with FERC.
Step
3 - Comments. Comments received will be considered, and potential
revisions to the proposed amendment identified. If public comments
cannot be handled by a general response, or if members of the general
public so request, Central will schedule a public meeting to discuss
the proposed amendment.
Step
4 – Response to comments. After the comment period, and public
meeting, if any, Central will consider revising the proposed Plan
amendment as appropriate based upon the substance of the comments.
Central will then prepare a final amendment application.
Step
5 – Review by the Board of Directors. The completed amendment
request and the staff recommendation will be presented to Central’s
Board of Directors for review and approval or denial.
Step
6 - Submittal to FERC. The completed amendment application will
be finalized and filed with FERC for review and approval.
Step
7 – Implementation. Changes to this Plan will not and cannot
be implemented until FERC has formally issued an order approving
the amendment.
C.
Periodic Plan Update Reports
1.
5-Year Plan Update Reports
License
Article 421 requires Central to provide updated reports on this
Plan every five years after FERC’s initial approval of the
Plan. Changes in the use of Central’s Project lands and shorelines
since the last update must be highlighted and summarized at the
beginning of the update report. The following process will be used
to develop the update reports.
Step
1 – Review. Central will review this Plan and its implementation
after each five-year period this Plan is in effect to identify known
changes, if any, in land or recreational use. Central will also
identify any modifications or amendments that appear to be necessary
to accommodate anticipated changes in the ensuing five years.
Step
2 – Agency and Local Government Consultation. Central will
meet with the agencies and local governments to discuss any proposed
changes to this Plan or issues that the agencies and local governments
regard as pertinent to the Plan update.
Step
3 – Public Information Meetings. Central will advertise and
hold public information meetings throughout the region to provide
information to the public regarding this Plan and its implementation
during the prior five years, and to receive input regarding any
proposed changes to this Plan or issues that the public regards
as relevant to the Plan update.
Step
4 – Evaluation of Input Received. Central will review the
comments received from the public, local governments and agencies,
and determine if changes to the land-use maps or other parts of
this Plan are warranted.
Step
5a – No Change to Plan Warranted. If no changes to the existing
Plan are warranted, Central will develop an "update report"
for FERC. The update report will state that, based upon its review
and the comments received, no changes to this Plan are proposed
at that time. The report will be forwarded to FERC, the agencies,
local governments, and other interested parties and will be posted
on Central’s Internet web site.
Step
5b – Update to Plan Necessary. If, based on the comments received,
Central determines that changes to this Plan are necessary, Central
will accordingly prepare an "update revision" to this
Plan.
Step
6 – Agency and Local Government Review. Central will forward
the update revision to the local governments and agencies for a
thirty-day review and comment period.
Step
7 – Public meetings. After the changes proposed by the agencies
or local governments are addressed in the update revision, Central
will advertise and hold a public meeting(s) based upon the scope
of the revision. The update revision will be posted on Central’s
Internet web site at least one week prior to that public meeting.
Step
8 – Prepare Final Document. After the public meeting, Central
will prepare the final update revision document, including responses
to the comments made at the public meeting.
Step
9 – Review by the Board of Directors. The completed update
revision document will be presented to the Central Board of Directors
for review and approval.
Step
10 – Submittal to FERC. The approved update revision document
will be forwarded to FERC for filing.
Step
11 – Implementation. Changes to this Plan will not and cannot
be implemented until FERC has formally issued an order approving
any revisions to the Plan.
2. 3-Year Endangered Species Reevaluation
License
Article 421 requires Central to reevaluate the endangered species
component of this Plan every three years. This reevaluation requires
consultation with the USF&WS and NGPC on the endangered species
aspects of this Plan. The process for the endangered species update
is outlined below.
Step
1 –Consultation. Central will consult with USF&WS and
NGPC regarding the reevaluation of the tern and plover nest protection
and bald eagle perch and roost site protection components of this
Plan to determine if any changes to this Plan are warranted.
Step
2a – No Change to Plan Warranted. If no changes to the endangered
species component of this Plan are necessary, the report will state
that, based on consultation with the USF&WS and NGPC, no changes
are necessary at the present time. The report will be filed with
FERC, the agencies, local governments, and other interested parties,
and will be posted on Central’s Internet web site.
Step
2b – Revision to Plan Necessary. If, based on the comments
received from USF&WS or NGPC, Central determines that revisions
to the endangered species component of this Plan is necessary, Central
will consider those comments and draft an appropriate revision to
this Plan.
Step
3 – Agency Review. Central will forward the draft plan revision
to USF&WS and NGPC for a thirty-day review and comment period.
Step
4 – Public Meeting. After any additional changes proposed
by USF&WS and NGPC are addressed in the draft, and if the proposed
revision results in direct impacts to more than five acres or 2,500
lineal feet of shoreline, Central will forward a copy of the draft
revision to the local governments, and Central will advertise and
hold a public meeting or meetings, based on the scope of the revision,
to explain the changes proposed to this Plan. The proposed revision
will be posted on Central’s Internet web site at least one
week prior to the public meeting(s).
Step
5 – Prepare Final Document. After the public meeting(s), Central
will prepare the final proposed revision of this Plan and provide
a copy to the agencies for their concurrence.
Step
6 – Review by the Board of Directors. The proposed revision
will be presented to Central’s Board of Directors for review
and approval.
Step
7 – Submittal to FERC. The approved proposed Plan revision
will be filed with FERC for approval, with copies of the revision
provided to the agencies.
Step
8 – Implementation. Changes to this Plan will not and cannot
be implemented until FERC has formally issued an order approving
the revised Plan.
Section 8 - Public Comments and Agency
Consultation
Beginning
in August, 1999, Central initiated numerous discussions with federal,
state and local agencies, and solicited ideas and concerns from
local citizens in the Project area to determine appropriate focus
and priorities in the development of the Plan, as discussed in Section
2.
Following
the formal public meetings held June 13, 14 and 15, 2000 and the
distribution of the draft Plan to the agencies on June 1, 2000 (received
by the agencies on June 3, 2000), Central received the following
written comments from the USFWS and NGPC.
Agency
Consultation and Comments
1.
Agency Comments on Draft Plan
In
response to Central’s request for review of the Draft Plan
in June, 2000, USFWS and NGPC filed comments that are summarized
below and included in Plan Appendix II. Central’s responses
to those comments are shown in Italics and denoted as “CR:”
a)
USF&WS, Nebraska Field Office Comments
·
General recommendations about report format
CR:
Changes implemented.
·
A full map depicting all properties within the Project Boundaries
would be helpful
CR:
Changes implemented.
· Least Tern and Piping Plover Measures:
- “
Existing measures” for terns and plovers referred to in the
Draft Report should be defined or a reference to where the information
can be obtained should be given.
CR:
The text has been amended to reference the approved Tern
and Plover management plan and the plan appears in Plan Appendix
III.
·
Specify the monitoring information that will be provided to the
USF&WS.
CR:
This has been done.
·
Permanently designate SPZ’s as “non-motorized use”
and “day use” areas during the tern and plover nesting
season (May-August), instead of on an “as-needed basis”.
CR:
We have referenced and attached the Tern and Plover management plan
and have clarified the language in the paragraph. Nest sites of
least terns and piping plovers are restricted from all motorized
vehicles and any camping or day use. Wider restrictions within the
SPZ’s will be enacted only as necessary.
·
Provide a better explanation of the protective measures that will
be taken before the nesting season.
CR:
The language has been clarified to indicate the three sites are
at Lake McConaughy. The sites will either be within or adjacent
to an SPZ. Central will designate any area set aside for nesting
as an SPZ.
·
Add to the end of the last sentence appearing on page 37 in the
Draft “and in accordance with Endangered Species Permit PRT-704930.”
CR:
This has been done.
·
Bald Eagle Roosting and Perching Areas
- Tree
recruitment and tree replacement after catastrophic events should
be addressed. Permission to remove trees above 4 inches is a concern.
CR:
Central will replant roosting and perching trees damaged by fire
or storms in SPZs.
·
Plan Amendments and Updates
- Would
like land use changes within a 1/4-mile zone around eagle SPZ to
require agency notification.
CR:
Central recognizes the concerns of the Service regarding land use
changes near SPZs. Unfortunately, Central is not always apprised
of development on private property adjacent to Central’s FERC-licensed
Project Boundary, unless the developer has asked for access to Project
lands. As stated in the Plan, Central will consult with the agencies
on all changes in the land use designation of Project lands where
those changes may impact wildlife and habitat resources whether
or not they are within an SPZ.
·
SPZs and WMAs should require agency notification before any changes
or modifications in land-use that may affect listed species.
CR:
Step 4 of the procedure has been modified to specifically include
SPZs and WMAs.
·
Add to Step 5 “and provide a copy to the agencies for their
concurrence that none of the proposed changes would result in adverse
changes to listed species”, and to Step 7 “with copies
of the revision provided to the agencies.”
CR:
This has been done.
b)
NGPC Comments
·
Threatened and Endangered Species
- What
will be done if there is no place to move a nest (water level is
to vegetated area)?
CR:
Central’s Tern and Plover management plan has been included
in Plan Appendix III to further explain protective measures for
least tern and piping plovers. In the past, Central has moved nests
of these species successfully. Unfortunately, if water levels rise
to the point where there is no “open” beach, the nests
are much more likely to be lost to predators or abandoned by the
adults. Before moving a nest Central’s biologists make a judgment
based upon the predicted reservoir elevations as to whether moving
a nest has the likelihood of success. If it is unlikely that moving
a nest will significantly improve the chances of nest survival,
Central does not move the nest in the hopes that the birds will
re-nest in a better location earlier than if the nest were moved.
The plan was modified to reflect this comment.
·
Recommend monitoring of bald eagle night roosts and nesting sites
to determine if new or different SPZs need to be established.
CR:
Central currently surveys and monitors night roosts of bald eagles
both on and off project lands as part of its monitoring program
under Article 423. We also currently monitor for any bald eagle
nesting activity that may occur on or near project lands. The Plan,
and license Article 421, currently requires revising the endangered
species portion of the Plan every three years. Central will provide
any new information on roosts sites and nesting sites to the agencies
for evaluation as to whether species protection zones need to be
added or increased in size. The Plan was modified to reflect this
in the “Monitoring” paragraph of Section E.2.
·
Access/Management
- Will
NGPC be consulted regarding permits for water access/special water
access that will cross land leased to NGPC?
CR:
Central will consult with NGPC on any access granted across lands
leased to NGPC and will consult on any impacts those permits might
have on NGPC leases. The Plan has been modified to clarify that
point.
·
If annual fees are assessed for this access, how will this be addressed
in Central’s lease agreement with NGPC for the same property?
CR:
Central will consult with NGPC on the types of fees to be assessed.
·
How will unauthorized access/trespass be monitored and managed?
Will Central take the lead in closing/removing unauthorized accesses
and prosecuting violations?
CR:
Central will be the lead agency in resolving any issues of trespass
on properties leased to NGPC. NGPC has agreed to notify Central
of any violations and cooperate with Central on any actions legal
or civil that are required to remedy the trespass. The Plan has
been modified to address this issue.
Other
Concerns
·
Concern that urbanization on Central’s property and related
possibilities of habitat loss, increased wildlife depredation and
disease, potentially resulting in unwanted hunting and fishing regulations.
Providing buffer areas, educational literature, and presentations
to the public regarding the issues would help.
CR:
There are no plans for “urbanized” development on project
lands. Any plans for development on project lands leased to Nebraska
Game and Parks Commission would be subject to consultation. Increased
development on private property adjacent to the project especially
at Lake McConaughy is of concern to Central. Central hopes that
the Shoreline Management Plan serves as a major vehicle managing
access from private off-project developments to project lands and
to minimize adverse impacts to habitat and other existing project
uses. Central’s land management policies developed in this
Plan emphasize public education as part of the permitting process.
Central will continue to provide public education on wildlife habitat
and other project values as it has demonstrated in its filings under
license Article 424. As part of its permitting process Central gives
buffers a high priority for those who wish to use or access its
public property.
Public
Consultation
The
broad scope and number of comments voiced in the public meetings
in August 1999 and January 2000 were a good indication of the diverse
interests represented by the public interested in and affected by
this Plan. Central was not able to provide definitive answers to
all of the questions offered in the public meetings. In many cases,
the comments made or questions asked were answered in the public
meetings because they related to factual, regulatory, or procedural
matters independent of this Plan. In other cases, the Plan was amended
to reflect the stated concerns, or Central’s position on the
issue is explained in subsection C, below, under the related resource
topic. Still other comments were not addressed in this Plan because,
although they are of interest in the Project area, they do not relate
to the Plan, the FERC requirement or its objectives, or because
they pertain to matters not subject to Central’s jurisdiction.
Correspondence received from the public regarding the development
of this Plan is attached in Appendix II.
Summary of Public and Agency
Comments by Resource Topic
This
section is organized by the resource topics raised during the public
meetings on the Plan or in agency and local government consultation.
The discussion of each of the resource topics in this part is presented
based upon whether the comments and or concerns were raised during
1) the public meetings, or 2) agency and local government consultation.
1.
Wildlife
a)
Public Comments and Recommendations
Several
comments were received regarding wildlife. Members of the public,
including some cabin owners, raised the idea of using this Plan
to protect existing wildlife and habitat. Other individuals at the
meetings expressed concern regarding the loss of hunting opportunities
due to increasing numbers of permanent residents on the lakes and
new private residential developments proposed on land adjacent to
the Project. A related topic, the signing and enforcement of hunting
regulations in areas adjacent to residential development, was also
raised.
b)
Agency/Local Government Input and Perspective
The
NGPC and the USF&WS are both concerned about the protection
of wildlife and habitat. In Nebraska, the NGPC is responsible for
developing hunting regulations, determining the seasons for the
various species hunted in the state, and issuing hunting permits.
The NGPC has leased numerous WMAs within and near the Project, and
manages these lands for wildlife.
The
NGPC and the USF&WS are both interested in and concerned about
continuing to provide sufficient wildlife habitat within, and adjacent
to, the Project to ensure the continuation of the existing species
located in the region or species that migrate through the region.
NGPC staff expressed concern regarding proposed developments on
private property adjoining the Project, which might cause loss of
wildlife habitat, especially on Lake McConaughy.
2.
Endangered and Threatened Species
License
Article 421 requires that this Plan address an evaluation of the
need for, and measures appropriate to address, protection of least
tern and piping plover nesting sites and bald eagle perch and roost
sites throughout the Project, and to reevaluate the resulting measures
every three years.
a)
Public Comments and Recommendations
Several
comments were received at the initial round of public meetings in
August 1999 regarding the protection of the endangered species in
the Project and the region. At the January, 2000 public meetings,
when the land use overlay classifications were presented, citizens
raised concerns regarding the limitations on recreation use that
may be imposed for the large areas of shoreline and beach areas
(land under the water at normal full pool) that were proposed to
be designated as “Species Protection Area,” “Day
Use Area,” and/or “Non-motorized Vehicles Area,”
if endangered species were present, particularly on Lake McConaughy.
(It should be noted that the “Day Use Area” and “Non-motorized
Vehicle Area” classifications, were created for several reasons,
only one of which may be the protection of endangered species. (See
Section 5 for the definitions of these overlay classifications and
criteria for their use.)
b)
Agency/Local Government Comments and Recommendations
During
Central’s consultation with the resource agencies, both the
NGPC and the USF&WS expressed interest in seeing endangered
species habitat protected within this Plan. Both the NGPC and the
USF&WS were supportive of using the designations “Species
Protection Area,” and/or “Day Use Area,” to restrict
public use in areas where endangered species are present. During
consultation with the NGPC, a suggestion was made to require leashes
for all pets, cats or dogs in piping plover and least tern nesting
areas, during the nesting season.
3.
Recreation Use of Shoreline and Lakebed
Historically,
no restrictions on recreation use of the shoreline (when the water
levels fell below normal full pool, exposing the sandy lake bottom
for recreation use) have been imposed. The only exceptions in recent
years are the areas fenced off for the protection of endangered
species habitat, and limited restriction of camping on the lakebed
in front of specific improved NGPC campgrounds.
a)
Public Comments and Recommendations
Several
comments were received regarding recreation use of the shoreline.
Citizens commented during public meetings that there should be no
changes in the existing recreational use of any and all shoreline
areas (lands covered by water during normal full pool). Citizens
questioned why regulations are needed now after individuals have
recreated on the lakes for decades without any regulations. Others
commented that additional restrictions were needed near private
cabin developments and residences to regulate public access and
types of permitted activities.
At
the January public meetings, the “Day Use Area” category
received both strong opposition and support. The support was generally
from cabin or home owners, as this overlay zone does not limit recreational
uses such as fishing, hiking or driving when the lake is down, or
even just relaxing in the areas. The only use restricted is overnight
camping. These supporters acknowledged that they did not want camping
directly in front of their cabin or home, which disrupts their view
and quiet enjoyment of the lake. The opposition took the position
that the lakebed has always been open for camping when the water
level was down, and they saw this classification as an infringement
of their recreational access and use rights. There was some opposition
to the use of the “Non-motorized Vehicle Area” designation,
also in terms of limiting what has previously been an accepted recreational
use.
b)
Agency/Local Government Comments and Recommendations
The
introduction of the “Day Use Area” and "Non-motorized
Vehicle Area" land use classifications were well received by
the NGPC and the USF&WS. As mentioned above, these categories
were introduced in part to protect sensitive habitats, as well as
to minimize the potential for conflicting uses in certain areas,
both of which the agencies supported.
4.
Aesthetic Resources
License
Article 421 does not specifically require Central to evaluate aesthetics
within this Planning process. However, License Article 422, which
defines the types of use and occupancy which Central may approve
and those that require FERC approval, requires Central to evaluate
each request as to whether the request is “consistent with
the purposes of protecting and enhancing the scenic, recreational,
and other environmental values of the Project.”
a)
Public Comments and Recommendations
The
concern raised at the public meetings was the protection of views
from individual cabins and homes. People value the view of the lakes
from their cabins and homes and do not want their views reduced.
Others indicated that preserving the open "natural" areas
of the Project was important, and that some areas needed to remain
underdeveloped.
b)
Agency/Local Government Comments and Recommendations
Local
governments were also concerned about the protection of individual
home views, because the existing setbacks from the water do not
necessarily protect the views of adjacent or even nearby homes,
as older homes were torn down and newer, larger homes built. One
of the counties has required the individual replacing or adding
to an older home to obtain signed statements from the adjacent property
owners that they were not opposed to the new home or addition.
5.
Cultural Resources
The
FERC license requires that Central implement the "Programmatic
Agreement for the Kingsley Dam Project" signed by FERC, the
Advisory Council on Historic Preservation, and the Nebraska State
Historic Preservation Officer. The Programmatic Agreement contains
procedures for the protection of the historic and cultural resources
of the Project. Protection of historic and cultural resources was
also raised as a topic of concern during the public meetings. While
the actual site locations for cultural resources are kept confidential
to protect the resource, several of Central’s designations
have been designed to assist in the future protection of these areas.
a)
Public Comments and Recommendations
During
the public meeting, citizens raised the issue of preservation of
historic resources, and working with historic preservation agencies
and groups. Generally, the public accepted that historic resources
would be protected from disturbance or development unless mitigation
measures were taken.
b)
Agency/Local Government Comments and Recommendations
Agencies
and local governments supported the measures proposed by Central
in keeping with the Programmatic Agreement. They supported Central’s
proposal to require review of cultural resources in the area of
any proposed land use or recreation use change or any development.
The agencies also supported the potential for use of the “Day
Use Area” and “Non-motorized Vehicle Area” overlay
classifications as tools for the protection of these resources,
if necessary.
6.
Aquatic Habitat
License
Article 421 requires Central to include measures for controlling
aquatic vegetation, as necessary, in this Plan.
a)
Public Comments and Recommendations
No
comments were received at the public meetings regarding control
of aquatic vegetation.
b)
Agency/Local Government Comments and Recommendations
No
specific comments were received from agencies or local governments
regarding aquatic vegetation.
7.
Soils, Sedimentation and Erosion
License
Article 421 indicates that this Plan must evaluate the need for
measures controlling sedimentation in Project lakes, as appropriate.
a)
Public Comments and Recommendations
Shoreline
erosion was a topic raised during the public meetings as it related
to areas adjacent to cabins or residences. It was suggested that
previous erosion control programs that Central has coordinated with
cabin owner associations be continued into the future. Sedimentation
at Jeffrey Lake and Johnson Lake was an additional concern of lake
residents.
b)
Agency/Local Government Comments and Recommendations
Neither
agencies nor local governments raised sedimentation or erosion issues
during the consultation process.
8.
Design Standards
a)
Public Comments and Recommendations
Numerous
individuals discussed the need for regulations that would provide
consistency and minimize the impact on adjacent properties when
a shoreline area is disturbed, or structures placed near or in the
water
b)
Agency/Local Government Comments and Recommendations
Standards
to control new development and redevelopment were raised during
consultation with the local governments. Local governments were
interested in consulting and working with Central as implementing
documents and regulations are developed regarding design standards
or shoreline development or redevelopment, to ensure consistency
with regulations. The Corps was interested in reviewing the draft
of this Plan to see how Central is proposing to deal with shoreline
development and possible disturbance. The Corps was especially interested
in criteria or proposed regulations for the review and evaluation
of requests for disturbance or alteration to the shoreline.
9.
Future Development Activities
Several
concerns raised under this theme are discussed in some of the other
topical categories of this section of the Plan.
a)
Public Comments and Recommendations
One
of the comments expressed a concern about the potential impacts
of the proposed large developments on recreation use and on services
around the lake region, especially on Lake McConaughy.
b)
Agency/Local Government Comments and Recommendations
Discussions
in consultation with the agencies included concerns about law enforcement
and public access in areas of heavy development.
10. Land Use and Private vs. Public Water Access Rights
a)
Public Comments and Recommendations
Several
comments were made concerning the use of the shoreline in front
of residences. Campers, fisherman, hunters and picnickers wanted
to insure continued access to the shoreline, recognizing in most
cases that they would not want to use highly developed areas for
their activities. Cabin owners/developers on private land accepted
that public access was a high priority on the Project lands between
their property and the water, but desired restrictions, if, in the
future, user "conflicts or issues" arose. Cabin owners
who lease Central's Project and non-Project lands were concerned
about their "quiet enjoyment" of the areas they leased
and wanted a clarification of their rights.
b)
Agency/Local Government Comments and Recommendations
NGPC
desires reasonable public access to the shorelines and waters of
the lakes. They expressed concern regarding enforcement of laws
and regulations (especially at Lake McConaughy) in areas where high
levels of development might occur on private land adjoining NGPC-leased
Project lands.
11.
Water Safety Enforcement/Patrol
Concerns
about water safety, particularly during peak recreation seasons
when there is a great deal of activity on the water, were raised
in the public meetings. Water safety regulation and enforcement
are subject to the jurisdiction of federal, state and local agencies
and are not regulated under this Plan.
a)
Public Comments and Recommendations
Comments
were made about the increased use of jet skis and powerboats over
the last several years, which have created additional traffic on
the waters of the Project.
b)
Agency/Local Government Comments and Recommendations
During
the public informational meetings, NGPC representatives noted that
private citizens can support enforcement of safety standards by
documenting and reporting violators and being available to testify
in legal proceedings about their observation of the violation.
12. No-Wake Zones
Several
wakeless boating areas were established throughout Project waters
for protecting operational areas, for preventing erosion and to
provide areas for more passive recreational pursuits.
a)
Public Comments and Recommendations
A
concern was raised that boaters often ignore no-wake zone designations,
endangering other boaters and causing excessive wave action on the
shorelines. Several individuals asked about the creation of no-wake
zones to protect individual docks, shore stations and the shoreline
from boat and jet ski wake disturbance. A number of individuals
expressed concern regarding the number and safety of jet-skis.
b)
Agency/Local Government Comments and Recommendations
NGPC will enforce no-wake zone regulations if violations are reported.
Nebraska statutes do not provide for discriminating between jet-skis
and other powered watercraft.
Section 9 – Maps and Figures
In this section there are a total of 24 maps and figures:
- Three
Figures (Fig 1-1 through Fig 1-3)
- Twelve
Land Use Maps (Land Use Map A through Land Use Map L)
- Nine
Recreation Facilities Inventory Maps (Lake McConaughy through
Phillips Lake)
Go
to Sections 1 through 4.
Go
to Table containing links to maps and figures.
| Footnotes
(cont.) |
13.
Central
reserves discretion over this determination.
14.
“Seasonal”
in this section means placed seasonally, not
used seasonally.
15.
The requirements of Article 422 are discussed
in Section 1 of this Plan and the complete text of the Article
appears in Plan Appendix I.
16.
Materials
and contacts to assist an Applicant in obtaining a Corps permit
are located in Plan Appendix I.
17.
The
Applicant may be required to pay the administrative costs of
preparing and submitting the application.
18.
Where Central leases property to NGPC for
either recreational or wildlife purposes, Central retains the
primary responsibility for prosecuting trespass, whether such
actions are criminal or civil. NPGC will notify Central of any
violations and assist Central in all related actions.
19.
Standard
Land Use Article, (a).
20.
The wording in the Article is: “…
The instrument of conveyance must include the following covenants
running with the land: (i) the use of the lands conveyed shall
not endanger health, create a nuisance, or otherwise be incompatible
with overall Project recreational use; (ii) the grantee shall
take all reasonable precautions to ensure that the construction,
operation, and maintenance of structures or facilities on the
conveyed lands will occur in a manner that will protect the
scenic, recreational, and environmental values of the Project;
and (iii) the grantee shall not unduly restrict public access
to Project waters.”
21.
Standard Land Use Article.
22.
As distinguished from a mere permit or
license to use Central’s land, a “conveyance”
refers to a legal instrument that confers a legal interest in
the land conveyed. Transfer of an interest in “fee title”
is typically described as “the whole bundle of sticks”,
although this is not completely accurate in the case of Project
lands since Central must retain sufficient interest in the lands
to meet Project objectives and to fulfill its license obligations.
Less comprehensive interests are conveyed by means of easements,
which allow or retain a particular right to use a piece of land
in the long term, or leases, which typically allow broader utilization
of the property, albeit for a specific purpose, and which are
typically finite in term.
23.
Any
conveyance of Project lands must meet the minimum criteria:
(a) Easements and leases may be conveyed only if the proposed
use and occupancy is consistent with the protection and enhancement
of the scenic, recreational, and other environmental values
of the Project. (b) To the extent feasible and desirable to
protect and enhance the Project's scenic, recreational and other
environmental values, the licensee must require multiple use
and occupancy of facilities for access to Project lands or waters.
(c) The uses and occupancies for which the licensee grants permission
must be maintained in good condition and repair by the Grantee
or Lessee. (d) The permitted uses and occupancies must comply
with all applicable requirements of state law, local ordinances,
and federal law, including specifically the Federal Power Act,
Title 18 of the Code of Federal Regulations and the FERC license.
(e) Before conveying the interest, the licensee must consult
with Federal and State fish and wildlife or recreation agencies,
as appropriate, and the State Historic Preservation Officer.
(f) Before conveying the interest, the licensee must determine
that the proposed use of the lands to be conveyed is not inconsistent
with an approved recreation plan or, if there is no approved
plan, that the lands to be conveyed do not have recreational
value. (g) The instrument of conveyance must include covenants
running with the land adequate to ensure that: (i) the use of
the lands conveyed shall not endanger health, create a nuisance,
or otherwise be incompatible with overall Project recreational
use; and (ii) the Grantee or Lessee shall take all reasonable
precautions to ensure that the construction, operation, and
maintenance of structures or facilities on the conveyed lands
will occur in a manner that will protect the scenic, recreational,
and environmental values of the Project.
24.
See
Paragraphs C and D of Article 422, in Plan Appendix I, for an
enumeration of the conveyances/uses in this category.
25.
Central’s Recreation Plan is an integral
part of this document, and follows these Land and Shoreline
Management Plan materials.
26.
The language in the license Article is:
“from surface waters at normal elevation.”
27.
The conditions are: (1) Before conveying
the interest, the Licensee shall consult with federal and state
fish and wildlife or recreation agencies, as appropriate, and
the State Historic Preservation Officer. (2) Before conveying
the interest, the Licensee shall determine that the proposed
use of the lands to be conveyed is not inconsistent with any
approved exhibit R or approved report on recreational resources
of an exhibit E; or, if the project does not have an approved
exhibit R or approved report on recreational resources, that
the lands to be conveyed do not have recreational value.(3)
The instrument of conveyance must include the following covenants
running with the land: (i) the use of the lands conveyed shall
not endanger health, create a nuisance, or otherwise be incompatible
with overall project recreational use; (ii) the grantee shall
take all reasonable precautions to ensure that the construction,
operation, and maintenance of structures or facilities on the
conveyed lands will occur in a manner that will protect the
scenic, recreational, and environmental values of the project;
and (iii) the grantee shall not unduly restrict public access
to project waters. These easements and leases are then reported
to FERC annually.
28.
These are: (1) replacement, expansion,
realignment, or maintenance of bridges or roads where all necessary
state and federal approvals have been obtained; (2) storm drains
and water mains; (3) sewers that do not discharge into project
waters; (4) minor access roads; (5) telephone, gas, and electric
utility distribution lines; (6) non-project overhead electric
transmission lines that do not require erection of support structures
within the project boundary; (7) submarine, overhead, or underground
major telephone distribution cables or major electric distribution
lines (69-kV or less); (8) water intake or pumping facilities
that do not extract more than one million gallons per day from
a project reservoir; (9)construction of new bridges or roads
for which all necessary state and federal approvals have been
obtained; (10) sewer or effluent lines that discharge into project
waters, for which all necessary federal and state water quality
certification or permits have been obtained; (11) other pipelines
that cross project lands or waters but do not discharge into
project waters; (12) non-project overhead electric transmission
lines that require erection of support structures within the
project boundary, for which all necessary federal and state
approvals have been obtained.
29.
Full
text of this Article and other related provisions appear in
the Appendix to this document.
30.
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 maps in
Section 9 of the Land and Shoreline Management Plan.
31.
The individual or entity proposing the
change may be responsible for the administrative costs of preparing,
reviewing, and filing the application.
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