HomeMy WebLinkAbout82-65RESOLUTION NO. 82-65
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
UKIAH ACCEPTING THE TERMS AND CONDITIONS OF THE
ORDER ISSUING A LICENSE TO CONSTRUCT OUR LAKE
MENDOCINO HYDRO PROJECT FERC NO. 2841-001
WHEREAS the City of Ukiah owns and operates its own electric
distribution system, and
WHEREAS the City of Ukiah has filed for a license to construct a
hydro electric power plant at Lake Mendocino, and
WHEREAS the Federal Energy Regulatory Commission has issued the
license to construct as of April 1, 1982, and
WHEREAS the City must accept all of the terms and conditions of
this order,
NOW THEREFORE BE IT RESOLVED THAT the City Council of the City of
Ukiah does hereby accept all of the terms and conditions of this order
and authorizes the Mayor and City Clerk to sign this resolution.
PASSED AND ADOPTED THIS 21st day of April, 1982 by the following
roll call vote:
AYES: Councilmembers Hickey, Feibusch, Snyder, Riley, Myers
NOES: None
ABSENT:None
ATTEST: _ City Clerk
Mayor
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18 FEI{C 4162,011
UNITED STATES OF AMERICA
FEDERAL ENERGY REGULATORY COMMISSION
City of Ukiah, California
Project No. 2841-001
ORDER ISSUING LICENSE (MAJOR)
( Issued April 1, 1982 )
On April 13, 1981, the City 'of Ukiah, California (Applicant) filed
an application for a major license under Part I of the Federal
Power Act (Act) to construct, operate~, and maintain the Lake
Mendocino Power Project No. 2841. 1/ The proposed project would
be located at, and develop the water power potential of, the
United States Army CorDs of Engineers' (Corps) Coyote Dam _2/
located on the East Fork of the Russian River in Mendocino County,
California. The project would affect lands of the United States
under the Corps' administration.
Notice of the application has been published and comments have
been received from interested Federal, State, and local agencies.
The California Department of Fish and Game and Sonoma County W~ter
Agency sought, and were granted, intervention in this proceeding.
The significant concerns of the commenting agencies and the
in terve nors are discussed under appropriate headings.
Project Description
The proposed project, would consist of the existing outlet works
of Coyote Dam, a 12-foot diameter steel penstock to be constructed
in the existing 12.5-foot diameter outlet tunnel, a powerhouse
with an installed capacity of 3.5 MW, and the appurtenant facilities.
The project is more fully described in ordering paragraph (B) of
this license.
1__/ Authority to act on this matter is delegated to the Acting
Director, Office of Electric Power Regulation under 18 C.F.R.
~375.308 (1981).
2__/ The Coyote Dam, constructed by the Corps between 1956 and
1958 is an earth embankment structure 160 feet high and 3,500
feet long. The dam was built to provide flood control, water
supply, and au.qmentation of low summer flows in the Russian
River. The dam impounds a reservoir with a maximum storage
capacity of 122,500 acre-feet and a surface area of 1,960
ac r es.
DC-A-32
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Safety of Structures
The Corps, in commenting on the application, stated that its
concerns are related to: (1) reduction of outlet tunnel discharge
capacity due to construction of the penstock; (2) development of
hydraulically and structurally sound outlet facilities; (3) a
safe operational system; and (4) adequate project maintenance.
Article 37 of this license requires that the Licensee obtain
approval of the Corps for those project facilities that would
affect the structural integrity of Coyote Dam and to coordinate
its activities with the Corps so that the Corps may maintain
operational and safety control over the Coyote Dam Project.
Article 46 of this license requires that a copy of the final
plans and specifications be filed with the Commission's Regional
Engineer in San Francisco, California for review, 60 days prior
to the start of construction.
The proposed project would be safe and adequate if constructed in
accordance with sound engineering practice. The safety of the
Coyote Dam and the adequacy of its s..uillway are the responsibility
of the Corps.
Economic Analysis
Economic analysis of the Lake Mendocino Power Project shows
that for the early years of operation the estimated annual cost
of the project would exceed the Applicant's cost of purchasing
power from Pacific Gas and Electric Company (PG&E). Life cycle
analysis of the project shows that the project is economically
feasible but would experience a negative cash flow for the first'
four years of operation (up to 1987)iwith repayment of those
losses by the ninth year of project operation.
The project, with its average annual generation of 17,660,000
kwh, will utilize a renewable resource that will save the equivalent
of approximately 29,000 barrels of oil or 8,200 tons of coal per
year.
Annual Charqes
Section 10(e) of the Act 3/ requires the Commission to fix a
reasonable annual charge To be paid to the United States for the
use of a government dam. The Applicant has requested that the
Commission waive the payment of this annual charge, stating that
the waiver "would provide a firm basis for financing the project..."
The Applicant contends that uncertainties "regarding the financial
matters could adversely affect bond bids to the detriment of the
project."
3_/ 16 U.S.C. Section 803(e)(1976).
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The method used historically to arrive at a charge for the use of
a government dam has been the "sharing of the net benefits method."
Kings River Conservation District, Project No. 2741, Order Issuing
License (Major) (issued September 25, 1979). As the Commission
has 'applied it, this method involves calculating the difference
between the cost to the Licensee of developinq Dower at the
proposed hydroelectric project and the hypothetical cost to th£
Licensee of obtaining an equivalent amount of power from the least
expensive alternative. This difference is the net benefit to be
derived from developin~ the power potential of the government
dam. Half of this fiqure is then assessed as the annual charae
for use of the government dam, thus dividinq the value of the
net benefit equally between the Licensee and the United States.
The Commission's Staff, however, is currently reassessinq
comprehensively the subject of suitable annual charges for use of
government dams for the purpose of making recommendations to the
Commission for any appropriate changes in its policies and
regulations. Consequently, a final determination on the annual
charge for the use of the Coyote Dam will be reserved. Article
41 provides for a final determination of that charge, which
shall not be more than the figure calculated by the "sharing of
the net benefit" method.
Sonoma County Water Agency (Sonoma) in its petition to intervene
argued that since 60% of the cost of construction of Coyote Dam
was paid by Sonoma, Sonoma should share in any reimbursement
made to the United States for the use of the Coyote Dam. Sonoma
is already receivinq the bargained-for benefits of its investment
in the construction of the dam in the form of water suDply storage
capability within Lake Mendocino, and is entitled to no more.
Article 40 of this license ensures that Sonoma's interests in
the Lake Mendocino reservoir will not be disturbed by issuance
of this license. Sonoma is not, therefore, entitled to any
reimbursement for the use of the Coyote Dam for hydropower
purposes.
Approximately 65% of the releases at Coyote Dam are derived from
the Eel River through PG&E's licensed Potter Valley Project No.
77. The Applicant has also requested that any char~es for
headwater benefits under Section 10(f) of the Act 4/ be waived.
This issue cannot be addressed until the Applicant--and PG&E have
filed the data necessary to determine the headwater benefits, or
until the parties have agreed on the amount of annual payments
4/ 16 U.S.C. Section 803(f) (1976).
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or a waiver thereof. 5/ Article 11 of this license s.Decifies
that this data be filed with the Commission. 6/ Therefore, the
Applicant's request for a waiver of payments under Section 10(f)
of the Act is rejected.
Water Ouality and Quantity
The drainage basin for Lake Mendocino comprises 101.9 square
miles. Releases are made through a conduit that withdraws water
from near the bottom of the reservoir. Project construction
would include the installation of a steel lining in the existing
outlet works, which would require shutting down of the outlet
tunnel during May, June, and July of one construction year.
During this period, downstream releases would be maintained by
pumping water over the dam.
The California Department of Fish and Game '(DFG) indicated a
concern for the maintenance of downstream aquatic habitat related
to: (1) the possible failure of pumps or their power supply
resulting in dewatering of the East Fork of the Russian River;
(2) the discharge of warm surface water, eliminating cold water
habitat; (3) the discharge of water, low in dissolved oxygen
stressing downstream reaches; and (4) the inadequacy of pumping
capacity to meet discharge requirements. Intervenor Sonoma stated
that the application does not include a description of the pumping
plant, its power source and reliability, standby power or standby
pumping capacity and that the Applicant's proposed pumping capacity
of 295 cubic feet per second (cfs) is inadequate for Sonoma's
flow requirements. The Corps commented that failure to meet
minimum flow requirements and water supply needs during construction
would have adverse impact on the Coyote Dam Project purposes.
The Applicant reported it has met with Sonoma and has agreed on
a pumping system that would include: (1) a backup pump and an
emergency backup power source; (2) a barge-based intake structure
to maintain an intake depth of 60 feet; (3) an unspecified aeration
device to maintain a dissolved oxygen level of 7 milligrams per
liter (mg/1) in the discharge, the State of California's minimum
dissolved oxygen requirement for the Russian River; and (4)
sufficient capacity to deliver 400 cfs in 1982 or 450 cfs in 1983,
depending upon which year the steel penstock is to be installed,
to meet DFG requirements as well as Sonoma's irrigation requirements.
5/ PG&E, in commenting on the application, stated that it should
be entitled tO headwater benefits from its Potter Valley
Project.
6_/ See Also, 18 C.F.R. Section 11.26 (1981).
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The proposed pumping system effectively addresses the concerns of
Sonoma, DFG, and the Corps. In addition, Article 33 requires the
Licensee, in consultation with the DFG, to prepare an aquatic
habitat maintenance plan for the construction period.
Project operation would reduce dissolved oxygen levels downstream
of the dam. Dissolved oxygen levels are increased by as much as
7 mg/1 under current operation procedures. The U.S. Department
of the Interior (Interior) and DFG request that specific aeration
measures be provided by the Applicant. Interior contends that
maintenance of the 7 rog/1 state minimum requirement would reduce
existing dissolved oxygen levels by 16 to 20 percent, thereby
adversely affecting the downstream salmonid fishery. The Applicant
has agreed to provide an unspecified aeration system to maintain
dissolved oxygen levels of 7 mg/1, which the Applicant argues is
adequate for the downstream aquatic habitat.
The State of California's water quality requirements for the
Russian River include a minimum dissolved oxygen level of 7 mg/1,
and also a level of 7.5 rog/l, which must be exceeded 90 percent
of the time. In addition, a 10 mg/1 monthly median value must be
maintained for the calendar year. These dissolved oxygen
requirements must be met in order to protect the downstream
aquatic resources. This license, therefore, includes Article 34,
which ensures that a specific aeration method will be developed,
after consultation with Interior and DFG, to comply with the
State of California water quality standards.
The California Regional Water 0uality Control Board has waived
the requirement for a water quality certificate for this project,
in accordance with Section 401 of the Federal Water Pollution
Control Act.
Fish and Wildlife Resources
DFG recommends that the license include conditions designed to
protect the fish and wildlife resources of the area. DFG contends
that operation of the turbines may increase 'the current fish
mortality associated with passage from Lake Mendocino to the East
Fork of the Russian River. Currently, fish passage is hindered
by the depth of the intake structure and the low dissolved oxygen
levels at this depth. Interior states that turbine fish mortality
cannot be determined precisely until a study is conducted after
installation of the turbine. The Applicant maintains that fish
mortalities will not be significantly increased. Article 35
requires the Licensee after consultation with Interior and DFG,
to prepare a plan of study that will determine project-related
fish mortality and develop appropriate mitigation measures.
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Recreation
The Corps has-developed seven recreational areas around Lake
Mendocino providing facilities for camping,._ picnicking, swimming,
fishing, hiking and boating. These areas received approximately
1.8 million visitors in 1979. The Applicant does not propose any
additional recreational facilities at the site. Article 17
reserves the Commission authority to require the Licensee to
construct additional facilities if the need arises in the future.
The Report on Recreational Resources adequately describes the
recreational facilities provided by-others at the reservoir.
Because the report does not provide for further recreational
development at the project, it is not approved herein.
Biological Resources
The Report on Fish, Wildlife, and Botanical Resources adequately
describes the resources in the vicinity of the project and the
impact of the project on these resources. Articles 33, 34, 35,
and 36, included herein, require the Licensee to file, for
Commission approval, specific mitigation plans.
Environmental Considerations
Traffic to and from the proiect would increase during the
construction period. Dust and exhaust emissions would increase
during construction but would be minor in nature and of short-
term duration.
The installation of the powerhouse, modification of the outlet
works and construction of a tailrace channel would require
excavation. While the existing outlet tunnel is being modified,
the required releases would be pumped over the dam. Failure of
the pumping system would result in dewatering downstream; however,
back-up facilities are proposed. Furthermore, the temperature
and dissolved oxygen content of waters pumped from the reservoir
could be significantly different than existing releases and thus,
stress the downstream aguatic habitat. The Applicant proposes
measures to protect the downstream habitat but additional
information would be required to determine if these measures
would sufficiently protect these resources. Some siltation would
result from construction activities, but an erosion control plan
filed with the Commission would ensure that resulting sedimentation
would be kept to a minimum. Although water would be withdrawn
from the depth of the existing outlet structure, project operation
would result in the loss of hypolimnetic discharge aeration that
now occurs at the outlet release valve and through the outlet
tunnel. The Applicant proposes to mitigate this loss by installing
oxygen injection facilities or modifying other project structures
and would be required by Article 34 to file specific proposals to
ensure compliance with the state standards.
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Fish mortalities may increase from passage through turbines,
either from mechanical or pressure-induced injuries. Because of
insufficient data, fish losses under existing conditions and from
turbine passage are not quantifiable; hence, Article 35 requires
that the Licensee conduct appropriate studies and develop adequate
mitigation measures.
Clearing of land for construction of the powerhouse and related
facilities would eliminate a small amount of wildlife habitat.
Noise levels during construction would result in short-term
adverse effects on wildlife communities.
The Corps conducted archeological surveys of all lands within the
proposed project boundary prior to constructinq Coyote Dam. No
siqnificant cultural resources were identified by this survey.
The State Historic Preservation Officer, after reviewing the
Corps' findings, concurred with the findin~ of no effect on
cultural resources.
Recreation areas would not be disturbed during construction, but
increased noise levels might affect nearby recreation areas.
The proposed project would involve minimal land disturbance and
water quality would be protected by adequate mitigation measures.
On the basis of the record, including aqency and intervenor
comments and the staff's independent analysis, issuance of this
license, as conditioned, is not a major Federal action significantly
affecting the ~.uality of the human environment.
Comprehensive Development
The proposed Lake ~endocino Power Project would develop the head
created by the Coyote Dam and use flows released from the reservoir
which are not now used to generate power. The Corps, at some
future time, plans to raise the dam by 36 feet, at which time the
Applicant plans to amend its license for Lake ~endocino Power
Project to install an additional 3 ~W of installed capacity. The
proposed project would use a non-polluting, renewable resource to
produce energy and would not be in conflict with any planned
development of the East Fork of the Russian River.
It is concluded that, as conditioned in this license, Project
No. 2841 is best adapted to a comprehensive plan for development
of the Northern California Coastal Basins for beneficial public
uses.
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It is ordered that:
(A) This license is issued to the City of Ukiah, California
(Licensee), under Part I of the Federal Power Act (Act) for a
period of 50 years, effective the first day of the month in which
this order is issued, for the construction operation, and
maintenance of the Lake Mendocino Power Project No. 2841, located
in Mendocino County, California, on the East Fork of the Russian
River and using the Coyote Dam of the United States and apDurtenant
lands administered by the U.S. Army Corps of Engineers. This
license is subject to the terms and conditions of the Act, which
is incorporated by reference as part of this license, and subject
to the regulations the Commission issues under the provisions of
the Act.
(B) The Lake Mendocino Power Project No. 2841 consists of:
(1) Ail lands, to the extent of the Licensee's interests in
those lands, constituting the project area and enclosed by
the project boundary. The project area and boundary are
shown and described by certain exhibits that form part of
the application for license and that are designated and
described as:
Exhibit FERC No. Titled
G-1
2841-5
Vicinity Map and Site Plan -
Electrical One-Line Diaoram
(2) Project works consisting of~: (1) the existing intake
structures; (2) the existing 12.5-foot diameter concrete
tunnel, to be modified by installing a 900-foot long, 12-
foot diameter steel penstock to accommodate power production
and a Howell Bunger valve; (3) a powerhouse to contain one
Francis-type, turbine-generating unit with a rated capacity
of 3 ~W and one Francis or Turgo-type, turbine-generating
unit with a rated capacity of 0.5 MW; (4) a 200-foot lona
riprapped tailrace channel; (5) a switchyard, integral with
the Dowerhouse; (6) two generator leads, 5-kV switch gear,
a 2.4/12-kV main step-up transformer; (7) 'a 200-foot long,
12-kV transmission line; and (8) appurtenant facilities.
The location, nature, and character of these project works
are generally shown and described by the exhibits cited
above and more specifically shown and described by certain
other exhibits that also form a Dart of the application for
license and that are designated and described as:
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Exhibit
FERC No. Titled
F-1
F-2
2841-2
2841-3
Existing Dam and Water Conduit;
Penstock Steel Lining
Outlet Chute and Power Plant;
Sheet 1
F-3
2841-4
Outlet Chute and Power Plant;
Sheet 2
(3) Ail of the structures, fixtures, equipment, or facilities
used or useful in the operation or maintenance of the project
and located within the project boundary, all portable property
that may be employed in connection with the project, located
within or outside the project boundary, as approved by the
Commission, and all riparian or other rights that are necessary
or appropriate in the operation or maintenance of the project.
(C) Exhibits G-i, F-i, F-2 and F-3, designated in ordering
paragraph (B) above, are approved and made a part of the license
only to the extent that they show the general location, description,
and layout of the project works.
(D) This license is also subject to the terms and conditions
set forth in Form L-2 (revised October 1975) entitled "Terms and
Conditions of License for Unconstructed Major Project Affecting
Lands of the United States" attached to and made a part of this
license. The license is also subject to the following additional
articles:
Article 33. Licensee shall, after consultation with the
California Department of Fish and Game, and the U.S. Fish and
Wildlife Service, and at least 30 days prior to beginninq of
construction, prepare and file for Commission approval a plan
for protecting the fish and wildlife resources of the East Fork
of the Russian River downstream from Lake Mendocino during periods
when the existinq reservoir outlet structure is closed for project
construction purposes. The plan shall include specific provisions
for: (1) the possible failure of any pumps and/or power supply
necessary for providing releases of water from Lake Mendocino
during the construction period; (2) maintenance of necessary
dissolved oxygen and temperature levels in any discharge from
Lake Mendocino; (3) sufficient pumpinq capacity to provide for
downstream requirements; and (4) documentation of consultation
with the above listed agencies. Copies of this plan shall be
sent to the agencies consulted when the plan is~ filed with the
Commission.
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Article-34. Licensee shall, after consultation with the
California Department of Fish and Game and the U.S. Fish and
Wildlife Service, and within 1 year from the date of issuance of
this license, prepare and file for Commission approval a plan
for maintaining the State of California's dissolved oxygen standards
for the East Fork of the Russian River during project operations.
The plan shall provide specific proposals for the aeration of
project discharges, to include design drawings and aeration
capabilities, sufficient to ensure compliance with State standards.
Further, the plan shall include a dissolved oxygen monitorinq
program to determine the effectiveness of the aeration device.
Documentation of consultation shall be included in any Plan
filed, and copies of the plan shall be sent to the consulted
agencies coincident to the Commission filing.
Article 35. Licensee shall, after consultation with the
California Department of Fish and Game and the U.S Fish and
Wildlife Service, and within 1 year from the date of this license,
prepare and file for Commission approval a plan of study to
determine the effect of the project's operation, if any, on the
passage of fish from Lake Mendocino to the East Fork of the Russian
River. The study shall assess any increase in fish mortality
which may be associated with turbine passage, relative to pre-
project conditions. The plan shall include a schedule for
completion of the study and documentation of agency consultation.
Within 3 months of completing the above study, Licensee shall, in
cooDeration with the above listed aqencies, review the effects of
project operations on the downstream passage of fish, and file a
re~ort for Commission approval containing recommendations to
mitigate any project-related adverse effects. Copies of the
report shall be filed with the consulted agencies at the same time.
Article 36. The Licensee, in consultation with the U.S.
Fish and Wildlife Service, the California Department of Fish and
Game, and the U.S. Army Corps of Engineers, shall prepare and
file with the Commission's Regional Engineer in San Francisco,
California, and the Director, Office of Electric Power Regulation,
within 6 months from the date of issuance of this license, a
detailed plan to control soil erosion, dust, and slope stability,
and to minimize the quantity of inorganic sediment or other
potential water pollutants resulting from construction and
operation of project facilities. This plan shall include an
implementation schedule, maintenance program, and evidence of
agency consultation. The Director, Office of Electric Power
Regulation, may require changes in the plan to minimize erosion,
dust, sedimentation, water pollution, or slope stability problems.
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Article 37. The design and construction of only those
facilities that will be an integral part of or that could affect
the structural integrity of Coyote Dam shall be done in consultation
with and subject to the review and approval of the U.S. Army
Corps of Engineers (Corps), District Engineer, San Francisco,
California. Licensee shall also coordinate its activities with
the Corps in order that the Corps may maintain operational and
safety control over the Coyote Dam- Lake ~endocino Project.
The Commission reserves the right to resolve any disagreement
between the Licensee and the District Engineer in these regards.
Licensee shall reimburse the Corps for costs they incur in the
review and approval of the design and construction of project
works directly related to the structural integrity of Coyote
Dam.
Article 38. The Licensee shall commence construction of the
project works within two years from the effective date of this
license and in good faith and with due diligence shall prosecute
and complete construction of the project works within five years
from the start of construction.
Article 39. The Licensee shall hold and save the United
States of America free from any and all claims and damages resulting
from construction, operation, and use of the Coyote Dam and
facilities for power purposes.
Article 40. The Licensee, prior to initiation of power
operation, shall enter into an agreement with the U.S. Army Corps
of Engineers, District Engineer, San Francisco, California,
providing for operating the project so as to protect Federal and
Sonoma County Water Agency interests in the Lake Mendocino
Reservoir.
Article 41. The Licensee shall pay the United States the
following annual charges, effective the first day of the month in
which this license is issued:
(a) For the purpose of reimbursing the United States for
the cost of administration of Part I of the Act, a reasonable
amount as determined in accordance with the provisions of the
Commission's regulations in effect from time to time. The
authorized installed capacity for that purpose is 4,667
horsepower.
(b) For the purpose of recompensing the United States for
the use, occupancy, and enjoyment of approximately 7 acres
of 'its lands, a reasonable amount as determined in accordance
with the provisions of the Commission's regulations in effect
from time to time. The exact acreage of U.S. lands for this
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purpose will be determined after submission of as-built
exhibits for approval. The Licensee will be charged any
back charges or given credit against future charges, as
ap pr opr i ate.
(c) For the purpose of recompensing the United States for
the use of surplus water or water power from the Coyote Dam
or lands in connection therewith, an amount to be hereafter
determined by the Commission. Such an amount will not exceed
that derived from the sharing of the net power benefits.
Article 42. The Licensee shall enter into an agreement to
coordinate its plans with the U.S. Army Corps of Engineers (Corps)
for access to and site activities on lands and property administered
by the Corps so that the authorized purposes, includinq operation
of the Federal facilities, are protected. In general, the
agreement shall not be redundant with the COmmission's requirements
contained in this license and shall identify the facility, and the
study and construction activities, as applicable, and terms and
conditions under which studies and construction will be conducted.
The agreement shall be composed mainly of the following items:
(1) reasonable arranqements for access to the Corps site to
conduct studies and construction activities, such access rights
to be conditioned by the Corps as may be necessary to protect the
Federally authorized project purposes and operations; (2) charges
to be paid by the Licensee to the Corps (a) for technical studies
by the Corps that relate solely to the structural integrity of the
Corps facility associated with power plant development, and (b)
for review of designs including plans .and specifications, and for
construction inspections based on personnel costs, where such
review and inspections are directly related to the structural
integrity of the Coyote Dam; and (3) charges to be paid by the
Licensee to the Corps for copies of reports, drawings and similar
data based on printing and mailing costs, provided that charges
shall not be assessed for information, services, or relationships
that would normally be provided to the public. Should the Licensee
and the Corps fail to reach an agreement, the Licensee shall refer
the matter to the Commission for resolution.
Article 43. The Licensee shall review and approve the design
and construction procedures for contractor-designed cofferdams
and deep excavations prior to the start of construction. The
Licensee shall file with the Commission's Regional Engineer and
Director, Office of Electric Power Requlation, one copy of the
approved construction drawings and specifications, and a copy of
the letter of approval.
Article 44. Within 90 days from the date of commencement
of operation of the project, the Licensee shall file for approval
as-built Exhibits F and G drawings to show the project as finally
constructed and located and the exact amount of U.S. lands occupied
by it.
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Article 45. The Licensee shall file with the Commission's
Regional Engineer in San Francisco, California, and the Director,
Office of Electric Power Regulation, one copy each of the contract
drawings and specifications at least 60 days prior to the start
of construction. The Director, Office of Electric Power Regulation,
may require changes in the plans and specifications to assure a
safe and adequate project. The Licensee shall also furnish the
Commission's Regional Engineer copies of all correspondence
between the Licensee and the Corps of Engineers regarding the
schedule of progress of the design review and approval.
Article 46. The Licensee shall have no claim under this
license against the United States arising from the effects of any
changes made in the pool levels of Lake Mendocino.
Article 47. (a) In accordance with the provisions of this
article, the Licensee shall have the authority to qrant permission
for certain types of use and occuDancy of project lands and waters
and to convey certain interests in project lands and waters for
certain other types of use and occupancy, without prior Commission
approval. The Licensee may exercise the authority only if the
proposed use and occupancy are consistent with the purposes of
protecting and enhancinq the scenic, recreational, and other
environmental values of the project. For those purposes, the
Licensee shall also have continuing responsibility to supervise
and control the uses and occupancies for which it qrants 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, cancelling the permission to
use and occupy the project lands and waters and requiring the
removal of any non-complying structures and 'facilities.
(b) The types of use and occupancy of project lands and waters
for which the Licensee may grant permission without prior Commission
approval are: (1) landscape plantings; (2) non-commercial piers,
landings, boat docks, or similar structures and facilities; and
(3) embankments, bulkheads, retaining walls, or similar structures
for erosion control to protect the existing shoreline. To the
extent feasible and desirable to protect and enhance the project's
scenic, recreational, and other environmental values, the Licensee
shall require multiple use and occupancy of facilities for access
to project lands or waters. The Licensee shall also ensure, to
the satisfaction of the Commission's authorized representative,
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that the uses and occupancies for which it grants permission are
maintained in good repair and comply with aDplicable State and
local health and safety requirements. Before granting permission
for construction of bulkheads or retaining walls, the Licensee
shall: (1) inspect the site of the proposed construction, (2)
consider whether the planting of vegetation or the use of riprap
would be adequate to control erosion at the site, and (3) determine
that the proposed construction is needed and would not change
the basic contour of the reservoir shoreline. To implement this
paragraph (b), the Licensee may, among other things, establish a
program for issuing permits for the specified types of use and
occupancy of project lands and waters, which may be subject to
the payment of a reasonable fee to cover the Licensee's costs of
administering the permit program. The Commission reserves the
right to require the Licensee to file a description of its standards,
guidelines, and procedures for implementing this paragraph (b)
and to require modification of those standards, guidelines, or
procedures.
(c) The Licensee may convey easements or rights-of-way
across, or leases of, project lands for: (1) replacement,
expansion, realignment, or maintenance of bridges and roads fo~-
which all necessary State and Federal approvals have been obtained;
(2) storm drains and water mains; (3) sewers that do not discharge
into project waters; (4) minor access roads; (5) telephone, gas,
and electric utility distribution lines; (6) non-project overhead
electric transmission lines that do not require erection of support
structures within the project boundary; (7) submarine, overhead,
or underground major telephone distribution cables or major
electric distribution lines (69-kV or ~less); and (8) water intake
or pumping facilities that do not extract more than one million
gallons ~er day from a project reservoir. No later than January
31 of each year, the Licensee shall file three copies of a report
briefly describing for each conveyance made under this paragraph
(c) during the prior calendar year, the type of interest conveyed,
the location of the lands subject to the conveyance, and the
nature of the use for which the interest was conveyed.
(.d) The Licensee may convey fee title to, easements or
rights-of-way across, or leases of project lands for: (1)
construction of new bridges or roads for which all necessary
State and Federal approvals have been obtained; (2) sewer or
effluent lines that discharge into project waters, for which all
necessary Federal and State water quality certificates or permits
have been obtained; (3) other pipelines that cross project lands
or waters but do not discharge into project waters; (4) non-project
overhead electric transmission lines that require erection of
support structures within the project boundary, for which all
necessary Federal and State approvals have been obtained; (5)
CUC0255
-15 -
private or public marinas that can accommodate no more than 10
watercraft at a time and are located at least one-half mile from
any other private or public marina; (6) recreational development
consistent with an approved Exhibit R or approved report on
recreational resources of an Exhibit E; and (7) other uses, if:
(i) the amount of land conveyed for a Darticular use is five
acres or less; (ii) all of the land conveyed is located at least
75 feet, measured horizontally, from the edge of the project
reservoir at normal maximum surface elevation; and (iii) no more
than 50 total acres of project lands for each project development
are conveyed under this clause (d)(7) in any calendar year. At
least 45 days before conveying any interest in project'lands
under this paragraph (d), the Licensee must file a letter to the
Director, Office of Electric Power Regulation, stating its intent
to convey the interest and briefly describing the type of interest
and location of the lands to be conveyed (a marked Exhibit G or
K map may be used), the nature of the proposed use, the identity
of any Federal or State agency official consulted, and any Federal
or State approvals required for the proposed use. Unless the
Director, within 45 days from the filing date, requires the Licensee
to file an application for prior approval, the Licensee may convey
the intended interest at the end of that period.
(e) The following additional conditions apply to any intended
conveyance under paragraphs (c) or (d) of this article:
(1) Before conveying the interest, the Licensee shall
consult with Federal and State fish and wildlife or recreation
agencies., as appropriate, and the State Historic Preservation
Officer.
(2) Before conveying the interest, the Licensee shall
determine that the proposed use of the lands to be conveyed
is not inconsistent with any approved Exhibit R or approved
report on recreational resources of an Exhibit E; or, if the
project does not have an approved Exhibit R or approved report
on recreational resources, that the lands to be conveyed do
not have recreational value.
(3) The instrument of conveyance must include covenants
running with the land adequate to ensure that: (i) the use
of the lands conveyed shall not endanger health, create a
nuisance, or otherwise be incompatible with overall project
recreational use; and (ii) the grantee shall 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.
- 16 -
(4) The Commission reserves the right to require the
Licensee to take reasonable remedial action to correct any
violation of the terms and conditions of this article, for
the protection and enhancement of the project's scenic,
recreational, and other environmental values.
(f) The conveyance of an interest in project lands under
this article does not in itself change the project boundaries.
The project boundaries may be changed to exclude land conveyed
under this article only upon approval of revised Exhibit G or K
drawings (project boundary maps) reflecting exclusion of that
land. Lands conveyed under this article will be excluded from
the project only upon a determination that the lands are not
necessary for project purposes, such as operation and maintenance,
flowage, recreation, public access, protection of environmental
resources, and shoreline control, including shoreline aesthetic
values. Absent extraordinary circumstances, proposals to exclude
lands conveyed under this article from the project shall be
consolidated for consideration when revised Exhibit G or K drawings
would be filed for approval for other purposes.
(E) This order is final unless a petition appealing it to
the Commission is filed within 30 days from the date of its
issuance, as provided in Section 1.7(d) of the Commission's
regulations, 18 C.F.R. Section 1.7(d) (1981). The filinq of a
petition appealing this order to the Commission or an application
for rehearing as provided in Section 313(a) of the Act does not
operate as a stay of the effective date of this license or of
any other date specified in this order, except as specifically
ordered by the Commission. The Licensee's failure to file a
petition appealing this order to the Commission shall constitute
acceptance of this license. In acknowledgment of acceptance of
this license and its terms and conditions, it shall be signed by
the Licensee and returned to the Commission within 60 days from
the date this order is issued.
Robert E. Cackowski
Acting Director, Office of
Electric Power Regulation
~roject No. 2841-001
IN TESTIMONY of its acknowledgment of acceptance of all of the
terms and conditions of this Order, City of Ukiah, California
this 21st day of April , 19 82 , has caused its
name to be signed hereto by Charles G. Myers , its
Mayor, and its seal to be affixed
hereto and attested by
City C]erk
Hattie Tillotson
its
Secretary, pursuant to a resolution
of its City Council duly adopted on the 21st day of
April 19 82 , a certified copy of the record
of which is attached hereto.
Mayor
Attest:
(Executed in quadruplicate)
CU00258
- 11 -
Article 32. The =erms and condi=ions expressly
se= for~.h in =he license shall no= be cons=rued as
impairing any ~erms and condi=ions of =he Federal Power
Ac= which are no~ expressly se= forth herein.
CU~J0270
- 11 -
Ar=£cle 29. The Licensee shall cooperate with the
United $Ca~es in the disposal by =he United S~a~es, under
=he Ac= of July 31, 1947, 61 Stat. 681, as ~ended 30 U.S.C.
l~ds of ~.
~u=u, T~ac s~ch disposal has been
authorized by =he Co~ssion ~d =ha= i= does
~eason~ly ~=erfere wi~ ~e occup~cy of such l~ds
· by ~e Licensee for ~e P~oses of ~e license:
f~er, That ~ ~e even=-~ -~ . Provided
- . u= aasagre~en=, ~y q~es=ion%f
Article 30. If the Licensee shall cause or su
essential pro4~c= -ro~--- ........ ffer
. .- - ~ ~-~ u~ ue removea or ~est
~e projec= or ref,,--l~°~~-g0Od fal9 operation of
~___=__= ......... he lawf~ orders of ~e ·
in=eh= of ~e L~censee to s~render =he license The
Co~ission, after notice ~d oppo~it for ' ·
~Y 're,re ~e License ' -- Y heating,
e =o r~ve ~y or all
e~p~n= ~d power l~es wi~ ~e pro'eot bo
~d =o ~ke ~y such other -~ ....... ] _ ~da~
w' ' · s r~ln~g
=~n ~e pro]ec~ bo~da~ =o a condition sari
~ ~e United Sta=es a=en~ ~=..~-- =---~ ....
as appropriate, or =o provide for ~e cont~ued opera=ion
~ ~~n~ce of npn~wer facilities ~d fulf
o~er ooil ' ~11 s~h
ga:~ons ~de ·
. r ~e lxcense as ~e Co
~Y prescribe. In a~= ....... ~ssion
discretion. ~?~~, ~e Co~ss~on ~ its
. after no~ce and o o~ '
~Y also a-re- ~- ~ ...... PP _ ~l=y for ~arin ,
s o re~i:ed her~, de~
n ~u~see =o s~renuer the lic~se.
~=icle 31
-- · ~e right of the Lic~see ~ '
successors ~d a--~ .... d of
which =he United~~s =o use or occupy waters over
States has J~isdic=ion, or lands of
-~e Uni~d States ~der ~e lic~se,
for ~e p~ose
of ~=a~ing ~e projec~ works or o~e~ise
~olu=ely cease a= ~e ~-~-' -=- -~ , shall
. less ~e L~c~see has -~-=--~ .... p riod,
, . . ~-~~ a new llcense
j~ ~e ~en ex~stLn law ___
-=ce .- g~ s ~d relations, or ~
Form L-2
(Revised October, 1975)
FEDERAL ENERGY REGULATORY COb~,IISSION
TERMS AND CONDITIONS OF LICENSE FOR
UNCONSTRUCTED MAJOR PROJECT
AFFECTING LANDS OF THE UNITED STATES
Article 1. The entire project, as described in this
order of =he Commission, shall be subject to all of the
provisions, terms, and conditions of the license.
Article 2. No substantial change shall be made in'.
=he maps, plans, specifications, and statements described
and designated as exhibits and approved by the Commission
in its order as a par~ of =he license until such change
shall have been approved by the Commission: Provided,
however, 'That if =he Licensee or the Commission deems
it necessary or desirable that said approved exhibits,
or any of them, be changed, ~here shall be submitted
to the Commission for approval a revised, or addi.~ional
exhibit or exhibits covering th~ proposed changes which,
upon approval by t_he Commission, shall become a part of
~he license and shall supersede, in whole or in par~, such
exhibit or e~hibi=s ~heretofore made a pa.rt of the license
aS may be specified by the Commission.
·
Article 3. The project works shall be constructed
in sub~=antial conformity with =he approved exhibits
referred ~o in Ar=icle 2 herein or as changed in accord-
.ance with t_he provisions of said article. Except when
emergency shall require for the protection of navigation,
life, health, or proper~y, ~here shall not be made without
prior approval of ~he Commission any substantial alteration
or addition not in conformity with the approved plans to any
d~u.'~ or other project works under =he license or any sub-'
s=an=ial use of project lands and waters not authorized
herein; and any emergency alteration, addition, or use
so made shall thereafter be subject to such modification
and change as the Commission may d~hrect. Minor changes in project
works, or in uses of project lands and waters, or divergence
from such approved exhibi=s may be made if such changes will
.
not result in a decrease in efficiency, 'in a material increase in
'_'wu=, in an adverse environmental' impact, or in impairment of
~.e general scheme of development; but any of such minor changes
=ate without the prior approval of the Commission, which in its
~uf 7ment have produced or will produce any of such results,
~.'.I be subject to such alteration as the Commission may
- 2 -
Upon the completion of the project, or at such other
.time. as_the. Commission may direct, the Licensee shall submit
=o ~e commission for approval revised exhibits '
necessary to show an= ~,, ..... insofar as
project .area and a. d--ergence__from .or v.arl.a=lons in the
project boundary as finally located or in
the project works as actually constructed when compared wi~h
the area and boundary shown and the works described in t_he
license or in the exhibits approved by the Commission, together
witl{ a statement in writing setting forth the reasons which
in the opinion of the Licensee necessitated or justified
variation in. or divergence from ~he approved exhibits. Such
revised exhibits shall, if and when approved by t_he Commission,
be made a par~ of t-he license' under ~he provisions of Article
2 hereof.
·
·
_Article 4. The construction, operation, and main-
tenance"of the project and any work incidental to addi-
tions or alterations shall be subject to the ins ecti
.... ~ ue ~e au~orlze= representative ~e
~o~ss~on for such p~ses. - of
f~l -wi~ sa' The Licensee shall cooperate
p~vid, f~r ~ ad~l-~P~~°n ~Y-=~ +icensee ~a: will
~u= ~= ~liziea znspecti6n force
f?r cons=~tion of ~e project ~d for ~y s~se~en=
initiaKed ~i~ r~=_~f a~:er~=%on ~e~eof s~ll no= be
_ _ --,-~ ~= ;ro~~ oz xnspec=ion for ~e
works or ~v such -~-~ ......... project
s:~ ..... ~ ..... *~~= ~er~z nas me~ approved by
req~re ~res~=Ave such f~er info~tion as he ~y
conce~g ~e const~ction, operation,
' · ~d
= ~ u~ ~e =a=e upon which work will
begin, as f~ ~ advice ~ereof as said representative
~Y reason~ly specify, ~d shall notify h~ rom tl
~ ~iting of ~- sus .... = ...... P P Y
z m~&~n oz wor~ ~or a period of
~eL~s~e.~,_~~ of ~, res~tion ad completion.
offices or ---lot-~z~ ~la_r?pr~s~ta=ive ~d o~er
_ . --~ ~=~ u= ~e ~nlted States, shrug proper
~ ~ u &~us aha pro]ec=' works in ~e e
of ~eir official · _ ~ ._ P rfo~ce
duties The Lacen
- see shall co~l wi~
s~h_ r~es ~d regulations of g~eral or special a ~llc
as ~e Co, ss' PP ' ~ili~
. . . z~n ~y prescr~e from t~e :o =~ fo Y
pro=ec=zon of l~fe, heal~, or prope~y, r ~e
CU 0260
- $ -
A_r'.icle 5. The Licensee, within five years from =he date
of issuance of t. he license, shall acquire title in fee or =he
etui= all lands, other than lands of t_he
right to use in perp ¥_ ' for' the cons=ruction,.
United States, necessary or approprzate ..........
o eration of =he project. The Llcense~
maintenance, and P during =he period of ~he license,
successors and assigns shall,
'on of all project property covere~ by the
retain =he possess~ ended, including =he.projec?_
license as issued ur as late? am .... ==... .= eh=s, water
area, =he project works, an= all francn~=~, ._sem
ro e~es shall, be _ = ~e riot
P P · ' ose~ of wi~ou
~h donee, or o~e~=se d~p ~ ==-~ .~- ~.~censee ~Y lease
or o~e~Lse a p .... , -~ ~- ~o~sslo~
Wi~U~ specific ~i~.a~~a~,uk~"~o~ssion' The
provisions of .... . .... e~ice of
e~~n=, or o~er project works in co~ec=ion wi~ replace-
beco~ obsolete, inade~=~L.o~_~
men=S ~ereof when ~ey -~-- ~--- =o we~ ~u =ear,
inefficient for f~er se~c~
or judicial sales ~e ~re~r~.
or ~ sales, snail
~e ~~g of ~is ~icle.
~a'ces u, r~ un~ ~
bY ~he Un,ted S .. ~-- -- ~- ~eral p~er Ac=, or ~s
a~ provided ~ Sec=a°9.~ Y~_~ [i-a non-oowe: licensee
~e~~ ~o · ~ ~e' ~e~see,
~~ · · 'on 15 of sa~d Ac ,
~~ ~e rov=sions of Sec=~ .......... ~h~e for- ~d shall
' SOre ~ aSSl~S s~all De W .
~=s succes ........ ~ of rmah= of oc~P
or ~W~-'~. _ · . shall pay an= ~-, _~ ,_
shall ass~ r?spons~ll~Y~y~_~~= or orojec= prope~Y .
liens or ~c~rances upon ~= w~s- - .
license · rruv~u=~,
iss~ce o~ ~e .... =-d =o ~e~re =he Licensee, for
or ~o a new llc~see, =o ac~ .... [~ --ch uro4ec~ prope~
:i h~ of occu~cy ~a use.~,.T/~.iZ ~' =~&sas as ~e
~ was necess~ =o acq~r
Licensee ·
- 4 -
Article 7. The actual legitimate original cost of
the project, ~nd of any addition ~hereto or betterment
~hereof, shall be determined by the Commission in accordance
wi~h the Federal Power Ac= and the Commission's Rules an~
Regulations thereunder.
Article 8. The Licensee shall install and thereafter
maintain gages and stream-gaging stations for the purpose
of determining the stage and flow of the stream or streams
on which the project is located, ~he amount of water held
in and withdrawn from storage, and the effective head on
~he turbines; shall provide for =he required reading of
such gages and for the adequate rating of such stations;
and shall install and maintain s~andard meters adequate for
the determination of the amount of electric energy genera=ed
by the project works. The number, character, and location
of gages, 'meters, or other measuring devices, and the
me=hod of opera=ion thereof, shall a= all times be' sa~is-
factory to the Commission or its authorized representative:
The Commission reserves ~he right, after notice and
=unity for hearing, to require such alterations in the
.number, character, and location of gages, meters, or
o~her measuring devices, and the method of operation ~hereof,
as are necessary to secure adequate determinations. The
installation of gages, the rating of said stream or streams,
'and the' determination of ~he flow thereof, 'shall be under the
supervision of, or in cooperation with, the District Engineer
of the United States Geological survey having' charge of
sT. Team-gaging opera=ions in the region of the project, and
~he Licensee shall advance =o the United States Geological
Survey the amount of funds estimated to be necessary for such
supervision, or cooperation for such periods as may be mutually
agreed upon. The Licensee shall keep accurate and sufficient
records of the foregoing determinations to the satisfaction
of the Commission, and shall make return of such records.
annually at such time and in such form as the Commission
may prescribe.
~Ar=icle 9. The Licensee shall, after notice and
opportunity for hearing, install additional capacity or make
o~her changes in the project as directed by the Commission,'
~o the extent that it is economically sound and in the
public interest =o do so.
- 5 -
Article 10. .The Licensee shall, after no=ice an~
opportunity'' for hearing, coordinate the operation of ~he
project, electrically and hydraulically, with such ocher
projects or power systems and in such manner as =he
Commission may direct in the interest of power and other
beneficial public uses of water resources, and on such
condi=ions concerning =he equitable sharing of benefits
by =he Licensee as =he Commission may order.
Article 11. Whenever =he Licensee is directly
benefited by =he construction work of another licensee,
a permittee, or =he United States on a storage reservoir
or ocher headwater im~rovement, =he Licensee shall reimburse
=he owner of =he headwater im~roven~nt for such part of the
annual charges for interests, maintenance, and depreciation
=hereof as =he Commission shall determine to be equitable,
and shall pay to =he United States the cost of making such
determination as fixed by =he Commission. For benefits.
provided by a storage reservoir or ocher headwater improve-
men= of =he United States, =he Licensee shall pay to =he
Commission the amounts for which it is billed from time
to time for such headwater benefits and for the cost of
making =he determinations pursuant to =he then current
regulations of =he Commission under the Federal Power Act.
Article 12. The operations of the Licensee, so far as
=hey affe¢=- ~h~ Use, storage and discharge from storage of
waters affected by =he license, shall at all times be
con~rolled by such reasonable rules and regula~ions as
the Commission may prescribe for the protection of life,
heal=h, and property, and in the interest of the fullest
practicable conservation and utilizatio~ of such waters
for power purposes and. for ocher beneficial public uses,
including recreational purposes, and =he Licensee shall
release water from =he project reservoir at such rate in
cubic feet per second, or such volume in acre-feet per
specified period of time, as =he Commission may prescribe
for =he purposes hereinbefore mentioned.
Article 13. On the application of any person,
ass°cia=ion, corporation, Federal agency, State or
municipality, the Licensee shall permit such reasonable
use of its reservoir or other project properties, including
works, la~ds and water rights, or parts =hereof, as may
be ordered by the Commission, after 'notice and oppor~unity
CU0(~263
- 6 -
for hearing, in ~he i~terests of comprehensive development
of ~he waterway or waterways involved and ~he conserve=ion
and utilization of the water resources of =he region for
water supply or for the purposes of steam-electric,
irrigation, indus~rial, municipal or similar uses. The
Licensee shall receive reasonable compensation for use
of its reservoir'or other project properties or par~s.
~hereof for such purposes, to include at least full
reimbursement .for any damages or expenses which =he
Join= use causes the Licensee to incur. Any such
compensation shall be fixed by '=he Commission either
by approval of an agreement be=ween =he Licensee and
=he parry or par~ies benefiting or after no=ice and
oppor~unity fo= hearing. Applications shall contain '
information in sufficient detail to afford a full
understanding of the proposed use, including, satisfactory
evidence =hat =he applicant possesses necessary water
rights pursuant to applicable Stare law, or a showing
of cause why such evidence cannot concurrently be submitted,
and a statement as to the rela~ionship of =he proposed
use to any S~ate or municipal plans or orders which may
have been adopted with respect.to the use of such waters.
.Article 14. In the construction or maintenance of the
project works, =he Licensee shall place and maintain suitable
s~-uctures and devices to reduce to a reasonable degree =he
liability 'of con,act between i~s ~ransmission lines and
telegraph, telephone and other signal wires or power ~rans-
mission lines constructed prior to irs transmission lines
and no= owned by =he Licensee, and shall also place and
maintain suitable structures and devices to reduce to a
reasonable degree the liability of any s~-uctures or wires
falling or obs~-ucting traffic or endangering life. None
of =he pro%isions of this article are intended to relieve
=he Licensee from any responsibility or requirement which
~ay be imposed by any. other lawful authority for avoiding
or eliminating inductive 'interference.
Article 1S. The Licensee shall, for the conservation
and deVeloPm~n= of fish and wildlife resources,, cons=ruc=,
maintain, and operate, or arrange for =he construction,
maintenance, and opera~ion of' such reasonable facilities,
and comply wi~h such reasonable modifications of
projec~ s~Tuctures and ~peration, as may be ordered by
the Commission upon its own motion or upon =he recommendation
of th~ Secretary of =he Interior or the fish and wildlife
agenc-y or agencies of any Stare in which the project or
a ~arU thereof is located, after no~ice and opportunity
£'or hearing.
CU 0° 64
- 7 -
Article 16. Whenever ~he United States shall desire,
in condec=ion wi~_h the project,
wild.:~_ ~ ....... . to construct fish and
w~~_ ~__:. ...... ~ro e the exls=lng fish ~d
**~= ~=c=~=les a= l=s o~ e~ense, the Licensee shall
pe~t ~e United States or its desi~ated agency =o use,
free of cos=, such of the Lic~see~s l~ds and interests in
l~ds, rese~oirs,
reaso~-~ ....... =__,w~=e~ay~ ~d prpjec= works as ~y be
~rov~nts thereof. In addition, after no=ice and
oppor=~ity for hearing,
the Licensee s~ll ~dify =he
project opera=ion as ~y be reasonably prescr~ed by ~e
. _ &z=zes or :o reizeve ~e Licensee of ~y obligation
~aer ~is lic~se. ·
and _....Article 1~. _T.h? Licensee shall construct, maintain,
opera=e, or sna~l arrange for ~he construction, main-
---~=~: ~n¢.~uaang m_o_dlficatlons thereto, such as
_aec. ess r.oaas, waarves,, launching ramps, beaches, picnic
g ~ng consxaera=xon to. ~he needs of the physically
handicapped, and shall comply with such reasonable modi-
fications of the project, as may be prescribed here-
_after.by ~he Co.m~. ssion during the term of this license
~ = :ne Interxor or other interested Federal
or State.agencies, after notice and opportunity for hearing.
Article
opera~ion 'of ~ So far as. is ~onsistent with proper
project, ~2~e Licensee shall allow
p~he. pub. lic. free a~cess, to a reasonable extent, to
ro]ec= wa=ers and adjacent project lands owned by the
Licensee_for the purpose of full public utilization of
SUCh Aands and waters for navigation and for outdoor
rrovm~ea, T~t the L '
-- . icensee may reserve from public
access ~uch portions of the project waters, adjacent
lands,'and project facilities as may be necessary for
the protection of life, health, and property.
-- 8' --
Article 19. In =he cons=ruction, maintenance, or
opera%ion of the project, the Licensee shall be responsible
for, and shall Cake reasonable measures to prevent, soil
erosion on lands adjacent to streams or other waters,
stream sedimentation, and any form of water or air
The Commission, -upon request or upon its own mo=ion,
may
o_.rder the Licensee to take such measures as the Commission
fxn. ds to be necessary for these purposes, after no=ice
aha opportunity for hearing.
A= icle 20. The Licensee shall consult with the
appro~riace state and Federal agencies and, w~n one
y~_of ~e da~e of iss~ce of ~is lic~se, shall s~-
~9 ~or co=ssion approval a plan for clear~g ~e reset-
--T--f ~ ~er ~=erlal ~ecess~ for ~e p~oses of ~s
pro]sc= wnicA results from =he clear~g of l~ds or fr~ the
~~~ce.or a!}~a=i?n_ of ~e project ~rks. In addition,
aaa ~ees along ~e perlphe~ of project rese~irs which ~y
die d~ing opera=ions of ~e project shall be r~ved. Upon
a~roval of ~e cle~g pl~ all cl~r~g of ~e l~ds ~d
~~1 of 9e ~.cess~ ~terial ,h~ll be done wiU due
=ag~nce ~a =o =ne satisfaction of ~e au~orized repres~-
=a=ive of ~e C~ssion ~d in accord~ce wi~ appropriate
Feder~, S~te, ~d loc~ s~=u=es ~d reda=ions.
Article 21. Timber on lands of the United States cut,
? sed, or. d.estro.yed in .the _cons=ructiOn and maintenance of
~c~_e__p..r~]e,_c~c worx. s:_or Ln _th.e cle_aring of said lands, shall'
~_~ p~_~ ~or,_ana rm.e res_ultxng slash and debris disposed
.u~_, ..z~__.~acc. o_raa~.ce .wtt~. ~he. req_u~.'_.'rements of the agency of
~e un, cea ~caces navzng ]urisdiction over said lands.
Payment_for mer. chantmble_t~h_er shall be at current st~unp-
· age_rate.s: an.a payment for young growth timber below
_m__e.r_c__~an~_le stze s.hall be at c_urrent damage appraisal-
~?s.....~owever, =ne agency of the United States having
~ur~saxc=~on may sell or dispose of the merchan~le
sua= or a~sposea oz shall be cut ahd removed from the
~::a~P~n°: o~,~: ~..ctheOUt undu. interference with, cl.aring.
Licen---' . . nsee a~_d in coordination with the
see s pro]et= const-Tuctlon schedules. Such sale' or
disposal to o~hers shall not relieve the Licensee of
responsibility for the clearing and.disposal of all
slash and debris from project lands.
CU 0266
,.
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Article 22. The Licensee shall do eve than -
sonab[y wl~-~Zn-its mew., --~ .... ~ ' g rea
~ .... , ~u sna~l req~re i~s ~ployees,
- _ = -~&n ~elr power, ~o~ inde
~a upon ~e re,es= of of-~ ..... , ~ pendently
--~=&~ o= =ne agen~ conceded,
=o preys=, =o ~ke advice preparations for suppression of,
~d 2o suppress fires on =he l~ds to be occu
~der ~e license. The -~ ........ pied or used
~=ensee s~all ~e li~l
pay ~e costs ~~red b-- -= ........... e for ~d shall
-. ~ ~e un,tea s~a=es ~ suppress~
fLres ca~ed from ~e construction, opera=ion, g
or ~-
=~ce of ~e project works or of ~e ~rks app~=en~2
or accesso~ ~ere=o ~der ~e license.
_Article 23. The Licensee shall interpose no
jection =_o,_ an~ shall in no way prevent, =he us
~gen~ o= ~e United St-~-- ~---= ........ e by
l~ds of ~e Uni+~ ~-i~-'~~ ]~xs~c=~on over
~L~.~cen~ee. in ~e operation of ~e
--, w~ ~ use Dy sala pa~ies of
water for s~i~ ~d domes=i
s~e~, co~t_ o~ ~-~.. -~ .....
- . _ · - -~z v~ wa=er, na=~al or a '
~eu ~y ~e Licensee ~ ~ ......... ~if~clal
~rks covered by ~e license.
~Article 24. The .Licensee shall be liable for injury to,
or desnruc=£on of, any buildings, bridges, roads, trails,
lands, or other property of the United States, occasioned
by the construction, maintenance, or operation of the
project works or of the works appurtenant or accessory
thereto under the license. Arrangements to meet such
liability, either by compensation for such injury or
desk-ruction, or by reconstruction or repair of damaged ·
proper~y, or otherwise, shall be made with the appropriate
department or agency of the Uni=ed States.
A~rticle 25. The' Licensee shall allow any agency of
=he United S~a~es, without charge,
to be constructed on ~= ....... to construct or permit
lands Which. are ~--~: ~u=u_gn, .aha a_cro.ss t-hose Project
· ---.-~ ~ ~e United St:a= · ·
_chutes: dztches, railroads, roads, t~-~-es ~s_u.ch .condu~ts.,
~ower lines. ~ ~.~ _ - .... *~_, =eAepnone ana
· an_ ---.er routes or m
and communication -- ...... e.ansot t.ransportation
-- =~= ~u= inconsistent w~th t. he enjoyment
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of said lands by the ~icensee for the purposes of =he license.
This license shall no= be cons=rued as conferring upon
~he Licensee any right of use, occupancy, or enjoyment
of =he lands of ~he United States other ~han for ~he
cons=ruction, opera=ion, and maintenance of ~he project
as stated in the license.
Article 26. In the construction and maintenance of
~he pro]et=, the location and standards of roads and
trails on lands of the United States and other uses
of lands' of the United States, including the location
and condition of quarries, borrow pits, and spoil dis-
posal areas, shall be subject to the approval of the
depar~nent or agency of the United States having super~ision
over the lands involved.
Article 27. The Licensee shall make provision, or
shall' bear =he reasonable cost, as determined by the
agency of ~he United States affected, of making provision
for avoiding inductive interference between any project
transmission line or other project facility cons=rutted,
operated, or'maintained under the license, and any radio
installation, telephone line, or other communication
facility installed or constructed before or after con-
s~-Tuction of such project transmission line or other
projec~ facility and Owned, operated, or used by such
agency of the United States in administering =he lands
· under its jurisdiction.
_Article 28. The Licensee shall make use of the Commissi~nWs
guidelines and other recognized guidelines for treatment of
transmission line rights-of-way, and shall clear such portions
of transmission line rights-of-way across lands of =he United
States as are designated by t. he officer of .~he United States
in charge of the lands; shall keep the areas so designated
~lear of new growth, all refuse, and inflammable' material .
to ~he satisfaction of such officer;, shall trim all branches
of ~rees in contact with or liable to contact the trans-
mission lines; shall cut and remove all dead or leaning
~rees which might fall in contact with =he transmission
lines; and shall take such other precautions against
fire as may be required by such officer. No fires for
the burning of waste material shall be set except with
the prior written consent of' the. officer of the United
S~aCes in charge of the lands as to time and place.
1
2
4
5
6
?
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
28
24
25
26
28
9. A maximum of one driveway be allowed for each parcel except that Lot 20
shall have one driveway per street frontage;
10. A landscape and streetscape plan be conq~leted and approved prior to
recordation o£ the .final map;
11. A final map for this subdivision shall not be accepted by the City until
Lots 1 and 3 and Takao property and Lots 7, 8, and 9 and Langley property
are legally reconFigured as proposed on the map to the approval of the
Takao and Langley parcel property owners respectively.
12. Access from property to Talmage Road, meeting the same standards as
depicted on map for Lin Avenue, shall be provided, including dedication
of right-of-way in £ee title to City of Ukiah, pr_ior to recordation of
fina 1 map.
13. The street names shall be revised.
14. Lots 1 and 2 be combined as one to maximize railroad useability.
15. Property owner shall provide pro-rata share of signalization costs at
Talmage and "Lin Avenue". Improvement plan and time schedule for completion
shall be adopted prior to recordation of final map.
PASSED AND ADOPTED this 21st day of April, 1982 by the following roll
call vote:
AYES:
Councilmembers Hickey, Feibusch, Snyder, Riley, Myers
NOES: None
ABSEM'-None
ATTEST:
CITY CLERK
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