MAJOR LICENSING MILESTONES
The major milestones in the Gibson Dam Project Licensing schedule are:
These Milestones are described in detail in following Sections, with links to associated documents and other material.
A Preliminary Permit Application was submitted to the FERC on October 28, 2003. The Permit was issued on April 20, 2004. A new Preliminary Permit Application was submitted to the FERC on April 3, 2007. This second Permit was issued on August 6, 2007, and expires on August 1, 2010.
The FERC requires that licensing applicants conduct Initial Consultation, a process through which the applicant prepares and distributes a descriptive document outlining the project description, affected environment, any proposals to modify the project or its operations on licensing, and proposed studies and environmental impacts, as known at the time of initial consultation.
The Initial Consultation Document (ICD) is a document describing the Project works and operation, the licensing process and schedule, the existing Project area environment, and expected environmental impact issues and related mitigation or enhancement measures which might relate to licensing. The ICD also contains a set of design drawings of the project and project area maps. The ICD was distributed to a list of interested agencies and entities (noted in the back of the ICD) in March 2004.
The FERC hydro project licensing regulations require an applicant to conduct an Initial Consultation Meeting early in the licensing to present project and licensing-related information to the attendees. Regulations also require an applicant to make available a site visit to allow interested parties to view the project facilities.
GDHC has conducted two meetings, one primarily for agency participation (the
topics were largely technical and procedural) and the other for broader public
participation. The agency meeting was held on March 28, 2004, in Helena
MT, and the public meeting was held on March 29, 2004, in
The public meeting was transcribed on video tape, which is available from GDHC at the Contact Address.
Request to Use Alternative Licensing Process (ALP)
At the initial public meeting, GDHC announced its intention to utilize the Alternative Licensing Process (ALP) authorized by the FERC to streamline the licensing process. Under the ALP, GDHC would conduct certain elements of the National Environmental Policy Act (NEPA) and would prepare a Preliminary Draft Environmental Assessment (PDEA), as described in more detail in the web site links.
GDHC sent a letter requesting use of the ALP to the FERC on November 23, 2005. Prior to this request, GDHC had developed and circulated for review a Draft Communications Protocol (CP). The CP identifies participants and directs communications, meetings, documentation and review of Project documents. After incorporating comments on the Draft CP, GDHC prepared the Final CP and submitted it to FERC with the request for use of ALP.
Use of ALP was approved by the FERC in their letter dated February 7, 2006.
Study Planning and Meeting(s)
On September 1, 2005, GDHC conducted a study planning meeting in
At this and on a subsequent study planning conference call held on October 4, 2005, agencies stated that existing data would be sufficient to characterize existing conditions and Project-related impacts on fish and wildlife, with some exceptions. Draft and Final minutes of the teleconference were prepared.
A Draft
Water Quality Monitoring Plan for Gibson Reservoir and the
Montana Department of Environmental Quality (MT DEQ) prepared a Sampling and Analysis Plan in April 2007. The plan, Sampling Gibson Reservoir And Its Tailrace Pool (Sun River) For Dissolved Oxygen And Temperature, was carried out during 2007.
Since completion of the 2007 sampling, additional questions and comments suggested additional sampling be conducted to include total dissolved gases (TDG) in the tailrace pool, and intergravel dissolved oxygen (DO) sampling in downstream reaches of the Sun River. Montana Department of Environmental Quality (MT DEQ) prepared an Sampling and Analysis Plan- 2008 Addendum, in July 2008. The plan, Sampling Gibson Reservoir And Its Tailrace Pool And The Upper Sun River For Dissolved Oxygen And Total Dissolved Gas, was carried out during late summer 2008.
An application for Section 401 Water Quality Certification was submitted to MT DEQ on September 17, 2009. On October 16, 2009, MT DEQ issued a Notice of Tentative §401 Certification with conditions for the Project. On December 4, 2009, MT DEQ issued §401 Water Quality Certification for the Project.
At the initial consultation meeting, agencies indicated that cultural resources studies, sufficient to satisfy Historic Preservation Act Section 106 requirements, would be necessary.
A Class III Cultural Resource Survey was completed for the entire area of potential effect (APE) for the proposed project. The survey was conducted September 18-23, 2008. A report of findings was completed and submitted to the Montana SHPO, Bureau of Reclamation, US Forest Service, Bureau of Land Management, Montana DNRC, Blackfeet P&D, and Confederated Salish & Kootenai Tribes. The draft Historic Properties Management Plan (HPMP) was revised based on results of the new inventory and comments received from agencies and tribes and was filed with the FERC with the final license application.
Aesthetics
Comments
received in Scoping Document 1 provided guidance in protecting viewsheds within
the
An updated and revised Visual Resources Survey and Design Recommendations report for the Jackson's Corner alternative was distributed on April 22, 2009.
Special Status Plant / Noxious Weed Study Planning
A Special Status Plant/Noxious Weed Survey Plan was submitted for agency review and comment on June 18, 2008. The survey was conducted on July 9-16, 2008. Results of the survey will be presented in the Special Status Plant and Noxious Weed Survey Report and Construction Plan Recommendations.
Progress Reports Required by PP, ALP
The PP requires GDHC to submit 6-month progress reports documenting consultation, feasibility and study planning and execution progress. When use of the ALP is granted, FERC regulations will require that GDHC submit status reports every six months from the time of ALP approval. The 6-month progress reports under the PP were submitted to the FERC on the following dates:
FERC No. P-12478-000
| 1st 6 Month Progress Report | submitted on October 1, 2004 |
| 2nd 6 Month Progress Report | submitted on April 20, 2005 |
| 3rd 6 Month Progress Report | submitted on August 29, 2005 |
| 4th 6 Month Progress Report | submitted on March 31, 2006 |
| 5th 6 Month Progress Report | submitted on August 31, 2006 |
FERC No. P-12478-002
| 1st 6 Month Progress Report | submitted on January 22, 2008 |
| 2nd 6 Month Progress Report | submitted on August 5, 2008 |
| 3rd 6 Month Progress Report | submitted on January 26, 2009 |
| 4th 6 Month Progress Report | submitted on August 27, 2009 |
| 5th 6 Month Progress Report | submitted on January 29, 2010 |
Scoping is a process required under the NEPA of 1969, the objective of which is development of a list of environmental
issues to be addressed through the environmental review process of a federal
action (such as licensing a federally-licensed project). In March 2006,
GDHC prepared Scoping Document 1
(SD1) containing a project
description, and a preliminary listing of expected environmental impact issues.
Scoping meetings, as announced in SD1, were held at the following dates, times
and locations:
| Public Meeting: | Tuesday,
April 11, 2006, 7:00 – 9:00 PM in
|
| Agency Meeting: | Wednesday,
April 12, 2006, 9:00 AM - Noon in
|
| Site Visit | Tuesday, April 11, 2006 |
Both the public and agency scoping meetings were videotaped. From the videotapes, GDHC prepared a written draft public meeting summary and draft agency meeting summary that were distributed to meeting attendees for initial comments. Based on their comments, a final public meeting summary and final agency meeting summary was prepared.
Comments on the meetings and SD1 were incorporated into Scoping Document 2 (SD2), the NEPA document on which subsequent issues and impact analyses will be based.
After Scoping and completion of most of the required environmental studies, the Applicant prepared a Draft License Application (DLA) and a Preliminary Draft Environmental Assessment (PDEA) (Appendix A- 1 of 2, Appendix A- 2 of 2, Appendix B). The DLA was distributed via compact disc or hard copy (on request) to the list of participants and other interested parties, with a 90-day review period. In a letter dated July 7, 2008, the Department of the Interior provided Draft Terms and Conditions with their comments.
Final
License Application (
After incorporating comments received on the DLA, GDHC submitted the Final License Application to the FERC on August 24, 2009.
The FLA consisted of three volumes:
-----Volume 1: License Application (Exhibits A, B, C, D, F and G)
-----Volume 2: Final Draft Environmental Assessment
-----Volume 3: Project Studies & Environmental Protection Plans
----------Avian Protection Plan
----------Bear Safety Plan
----------Class III Cultural Resources Inventory Report
----------Construction Water Quality Monitoring Plan
----------Erosion and Sediment Control Plan
----------Noxious Weed Control Plan
----------Post Construction Water Quality Monitoring Plan
----------Recreation Plan During Construction
----------Special Status Plant and Noxious Weed Survey Report and Construction Plan Recommendations
----------Visual Resources Survey and Design Recommendations
The FERC will review the
FERC issues AIRs to obtain the information necessary for the Commission staff to prepare the FERC Draft Environmental Assessment (DEA). The FERC DEA is in the same format and contains roughly the same information as the Applicant’s DEA, but is the result of independent FERC Staff review, and may not present the same conclusions as the Applicant’s DEA. The FERC DEA review period is 30 days.
On May 26, 2010, the FERC issued a Notice Soliciting Comments, and Final Terms and Conditions, Recommendations, and Prescriptions. On July 23, 2010, USDA submitted Final Terms and Conditions and Summary of Management Direction and Information, and on July 16, 2010 USDI submitted Comments, Recommendations, Terms and Conditions, and Prescriptions. If the Applicant disagree with any of the Terms and Conditions, FERC may implement formal Dispute Resolution.
After successful dispute resolution, FERC prepares the FERC Final EA which may accompany an Order Issuing New License.