[Federal Register Volume 67, Number 116 (Monday, June 17, 2002)]
[Notices]
[Pages 41233-41234]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-15173]
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DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
[Project No. 7118-007]
State of Maine Department of Marine Resources; Notice of
Availability and Adoption of Environmental Assessment
June 11, 2002.
Summary: Pending before the Federal Energy Regulatory Commission
(FERC or Commission) is a request for surrender of exemption and
removal of dam for the Smelt Hill Dam and Hydroelectric Project No.
7118. In accordance with the Commission's procedures for complying with
the National Environmental Policy Act (NEPA), and consistent with the
regulations of the Council on Environmental Quality (CEQ) for
implementing NEPA at 40 CFR 1506.3, the Commission has decided to adopt
an environmental assessment (EA) produced by the U.S. Army Corps of
Engineers (Corps), New England District in January 2001. The EA is
titled: ``Smelt Hill Dam Environmental Restoration Study--Falmouth,
Maine.'' The EA concludes that removal of the Smelt Hill Dam would not
be a major Federal action significantly affecting the quality of the
human environment. The FERC staff has independently reviewed the EA,
and agrees with its analysis and conclusions. The staff therefore finds
that the EA meets the standards for an adequate environmental analysis
under NEPA, and can be adopted.
Availability: On September 10, 2001, the State of Maine Department
of Marine Resources (MDMR) filed an application for surrender and
removal of dam. MDMR's application included a copy of the Corps' EA.
Copies of this filing are available for inspection at the Public
Reference Room of the Commission's offices at 888 First Street, NE,
Washington, DC 20426. The application and EA are also available in
electronic format on the FERC's Web site at http://www.ferc.gov.
Supplementary information: On March 14, 2002, MDMR completed its
purchase of the Smelt Hill Dam and Hydroelectric Project facilities
from the previous exemptee, Central Maine Power Company (CMP). The
facilities are located at the head-of-tide on the Presumpscot River in
Falmouth, Maine. The hydroelectric facilities have not been in
operation since October 1996, when they were damaged by a flood. CMP
elected not to rehabilitate the facilities and sought a buyer. MDMR
entered into a purchase agreement with CMP on September 4, 2001, with
the express purpose of removing the Smelt Hill Dam in order to restore
the aquatic ecosystem of the lower Presumpscot River. On January 16,
2002, the State of Maine Department of Environmental Protection (MDEP)
approved the dam removal under the Maine Waterway Development and
Conservation Act and the Clean Water Act. MDMR requested that the
Commission accept surrender of the exemption and authorize removal of
the Smelt Hill Dam. While the surrender of an exemption is an
administrative matter before the FERC, removal of the dam is
essentially the same proposed action that the Corps examined in its EA.
[[Page 41234]]
Removal of the dam and hydroelectric facilities would be done by
the Corps as an Aquatic Ecosystem Restoration Project under Section 206
of the Water Resources Development Act of 1966. On October 26, 2000,
the Corps held a public meeting in Falmouth, Maine to discuss the
project. The Corps released its draft EA on November 2, 2000, with a
public comment period ending on November 30, 2000. The Corps addressed
comments in its final EA issued in January 2001. The final EA included
the Corps' Finding of No Significant Impact dated January 22, 2001.
The EA evaluated three alternatives: partial dam removal, complete
dam removal, and rehabilitation of the existing hydraulic fish lift at
the dam. The EA recommended complete removal of the Smelt Hill Dam,
with primary disposal of debris in upland areas on-site. Under this
plan, anadromous and other fish would be able to migrate unimpeded past
Presumpscot Falls. Seven miles of former reservoir would be restored to
riffle and pool complexes, with habitat suitable for cold water fish
spawning, and warm water fish populations would be reduced.
The FERC staff carefully reviewed the Corps' EA and conducted an
independent assessment of MDMR's proposal to surrender its exemption
and remove the Smelt Hill Dam. Based on this review and assessment, the
FERC staff concludes that the EA adequately assesses the environmental
impacts of the proposed action and can be adopted. The FERC staff
further concludes that the information in the record is adequate, and
no supplemental or additional environmental review is required to
evaluate the application.
In its regulations implementing NEPA, the CEQ encourages agencies
to reduce paperwork and duplication of efforts. One means of
accomplishing these goals is adopting environmental documents prepared
by other agencies, pursuant to 40 CFR 1500.4(n). Because the actions
analyzed by the Corps are substantially the same as those being
proposed by MDMR, the FERC may adopt the Corps EA without recirculating
it, pursuant to 40 CFR 1506.3(b). The FERC staff agrees with the EA's
findings that removing the dam would facilitate upstream migration of
anadromous fish and improve riverine habitat. The FERC also agrees with
the EA's finding that removal of the dam is not a major Federal action
significantly affecting the quality of the human environment, and finds
that no supplemental or additional environmental data or analyses are
necessary to complete the staff's review of MDMR's proposal.
Magalie R. Salas,
Secretary.
[FR Doc. 02-15173 Filed 6-14-02; 8:45 am]
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