FERC LICENSE AND SETTLEMENT AGREEMENT Sample Clauses

FERC LICENSE AND SETTLEMENT AGREEMENT. The Project dam was built in 1902. The original FERC license for the existing Bigfork Hydroelectric Project was issued on September 24, 1976. On August 30, 2000 PacifiCorp filed with FERC an application for new license for the Project. On July 22, 2002, the FERC staff issued the final Environmental Assessment which evaluated the potential impacts of relicensing the Bigfork Project and took into account comments received by the Swan River Corridor Committee, American Whitewater and Flathead Whitewater Association (jointly), Montana Department of Fish Wildlife and Parks, U. S. Department of the Interior, and Bigfork White Water Festival; Flathead Whitewater Association. The EA recommended issuing a new license. The Settlement Agreement, concerning recreation resources, was issued on November 7, 2002. On July 25, 2003 the FERC issued a new Project license which expires July 1, 2053. As part of the relicense process, the FERC staff prepared a Biological Assessment (BA) for federally listed threatened and endangered species which was contained in staff’s draft EA. In the EA, the FERC concluded that the Project, with additional staff-recommended measures; (1) would not affect Spalding xxxxxxx and water howellia; (2) is not likely to adversely affect grey wolf (Canis lupus) Canada lynx (Lynx canadensis), bald eagle (Haliaeetus leucocephalus), and grizzly bear (Ursus arctos); and (3) is likely to adversely affect bull trout (Salvelinus confluentus). On July 22, 2002, the FERC staff issued a final EA (FERC 2002). In June 2003, the USFWS issued a Biological Opinion for the Project regarding effects on the federally threatened bull trout. The USFWS found that relicensing the Project is not likely to jeopardize the continued existence of bull trout within the action area. Further, USFWS stated that no critical habitat has been designated in this area; therefore, none would be affected (FERC 2003).
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Related to FERC LICENSE AND SETTLEMENT AGREEMENT

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