Proposed License Articles. The Parties agree that the obligations set forth in this Agreement that are enforceable by FERC are set forth as Proposed License Articles in Exhibit A, incorporating the protection, mitigation, and enhancement (“PME”) measures of Exhibits C through K, all of which exhibits are attached to and made a part of this Agreement, and in the Water Quality Certifications in Appendix A to this Agreement. In the event of a material inconsistency between Exhibit A and Exhibits B through K, the terms of Exhibit A shall control. If issuance of the New License or a Permit necessary to carry out the requirements of the New License is delayed, it is the expectation of the Parties that activities described in the Proposed License Articles will be delayed accordingly.
Proposed License Articles. 26 3.3 Delay or Stay of New License. 27
Proposed License Articles. The Parties agree that the commitments in this Agreement that are intended to be enforceable by FERC through the New License are set forth as Proposed License Articles in Exhibit A, incorporating the protection, mitigation, and enhancement (“PME”) measures of Exhibits B through G, except those measures identified in Section 2.9 of this Agreement. Exhibits A through I and Appendix A are attached to and made a part of this Agreement. In the event of an Inconsistency between Exhibit A and Exhibits B through G, the terms of Exhibit A will control.
Proposed License Articles. The Proposed License Articles mainly address flows, fish passage, fish and wildlife habitat enhancement and protection, water quality, municipal water supply, rule curves for reservoir operation, fish supplementation, recreation, historic properties, and noxious weeds. The flow regime will consist of reach-specific minimum flows for the purposes of anadromous and resident fish spawning and rearing, as well as other flow elements to achieve specific purposes, including: facilitating the outmigration of smolts; upstream migration of spawning adults; achieving geomorphic (physical process) goals and achieving recreational goals. Several elements of the flow regime will remain consistent from year to year and others will be variable in both frequency and magnitude. Decisions regarding the flow regime will be informed by a committee composed of federal and state agencies, the Tulalip Tribes, and the Licensee. In addition to a combination of channel flushing, maintenance, and forming flows, specific physical and mechanical improvements will occur through requirements that the Licensee improve heterogeneity of habitat in the mainstem and lateral connectivity. This comprehensive approach will help to ensure that adequate flows will be available to meet the needs of anadromous and resident fish at different times of the year, to support aquatic habitats, and to improve channel function. The Licensee will develop stream flow management and monitoring plans to evaluate the effectiveness of these measures and to provide information needed for adaptive management. Fish protection, mitigation and enhancement will be accomplished through a number of measures. The above-mentioned flows will support spawning, incubation, rearing and migration and improve water quality. Modifying the City of Everett’s Diversion Dam to provide volitional fish passage will support the reintroduction of anadromous fish in the Sultan River above the Diversion Dam. Until volitional fish passage at the Diversion Dam is provided, the Licensee will continue to provide support to WDFW for its Sultan River steelhead planting program. Stringent ramping rates will protect fry and juvenile salmonids by minimizing the potential for fish stranding. A water temperature conditioning program for water released from Culmback Dam will improve water temperature conditions for aquatic biota within the Sultan River above the Diversion Dam. Habitat enhancement and restoration work will benefit anadromous and resid...
