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. | 
