20080903-3027 FERC PDF (Unofficial) 09/03/2008

124 FERC ¶ 62,166 UNITED STATES OF AMERICA FEDERAL ENERGY REGULATORY COMMISSION McCallum Enterprises I, Limited Partnership

Project No. 6066-031

ORDER AMENDING RECREATION PLAN (Issued September 03, 2008) On March 27, 2008, McCallum Enterprises I, Limited Partnership (licensee) filed a request to amend its recreation plan (plan) for the Derby Dam Hydroelectric Project, FERC No. 6066. The plan is required by article 32 of the project license.1 The project is located on the Housatonic River in New Haven and Fairfield Counties, Connecticut. BACKGROUND Article 32 of the project license requires that within one year from the date of issuance of the license, the licensee shall, after consultation with the Connecticut Department of Environmental Protection (DEP), the Connecticut State Historic Preservation Officer (SHPO), and the Department of the Interior (Interior), file with the Commission for approval, a revised Report on Recreational Resources. The licensee filed its plan on April 17, 1987, and filed a supplement on August 5, 1987. The recreational facility, in pertinent part, consists of fishing and canoe portage access (portage access) along the right bank of the Housatonic River, in the City of Shelton. The portage access area is located in the tailrace of the Shelton powerhouse and downstream of the project dam. The portage access is provided by a wooden stairway down the bank to the riverbed. The licensee also provides a bench and a trash can in this area. Downstream of the portage access, at the entrance gate, the licensee provides a picnic table, benches, and a bulletin board with a Part 8 sign and photographs and historic information on the cultural significance of the Shelton Canal and boat lock structure. LICENSEE’S REQUEST The licensee proposes to relocate the portage access on the City of Shelton side of the Housatonic River to the area immediately downstream, adjacent to the entrance gate and historic boat lock. The licensee cites several safety reasons for its proposal to relocate this facility including: (1) the portage access area in the tailrace is hazardous due to swift waters from project operations; (2) the City of Shelton’s Redevelopment Plan for Canal Street, just outside of the project, will improve the area with high-density 1

Order Issuing License (Major) issued March 25, 1986 (34 FERC ¶ 62,578)

20080903-3027 FERC PDF (Unofficial) 09/03/2008

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residential development and increase levels of foot traffic; and (3) access to the Shelton Canal, which has proven to be a safety hazard to the public with several people drowning in the canal, including one fatality, would be limited. The licensee also cites the convenience of a public parking area adjacent to the location of the proposed relocated portage access area. The proposed area also contains a picnic table, Part 8 signage with pertinent information about the recreational access at the project, and an historical/informational kiosk. The project’s portage access recreational facility on the left bank of the Housatonic River, in the City of Derby, consisting of a large public parking area, an access road, and a fishing platform, immediately downstream of the dam, would remain unchanged. AGENCY CONSULTATION AND COMMENT The licensee consulted with the Connecticut DEP on the amendment to the plan. The Connecticut DEP states that its does not fully support the proposed amendment to the plan because it will significantly diminish recreational opportunities and public access at the project. The licensee responded that the relocated recreational facility on the right bank of the Housatonic River, on the City of Shelton side, would be provided with a stairway down the bank to the riverbed, a picnic bench, and a trash can that are currently available at the existing portage access area. The licensee also noted that the majority of the recreational usage at the project takes place on the left bank of the Housatonic River, on the City of Derby side. On May 30, 2008, Commission staff issued a public notice for the proposed request to amend the plan and asked that comments, motions to intervene, and protests be filed on or before June 30, 2008. The Connecticut DEP filed its Notice of Intervention on June 30, 2008, to become a party in this proceeding. The Interior reviewed the amendment to the plan and stated in its letter, filed June 24, 2008, that it had no comment on the proposal. The Connecticut SHPO did not provide any comments. DISCUSSION The licensee’s request to amend its plan by relocating its recreational facility on the right bank of the Housatonic River, on the City of Shelton side, is reasonable and consistent with article 32. For public convenience, the relocated recreational facility would be immediately adjacent to a public parking area. While the Connecticut DEP states the recreational opportunities would diminish if the proposal is approved, the licensee’s plan would provide the same recreational facility in another location. The new location would address issues of public safety. The relocated recreational facility would be further downstream from the Shelton powerhouse, where discharge waters from the tailrace (approximately 4,600 cubic feet per second) would not present a hazard to

20080903-3027 FERC PDF (Unofficial) 09/03/2008

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fishermen and canoeists. The City of Shelton’s Redevelopment Plan for Canal Street would improve residential development in the area just outside of the project with the potential for increased pedestrian traffic. The relocation would limit access to the Shelton Canal for public safety reasons while maintaining access to the river. Upon completion of the relocated facilities, the licensee should file a revised Recreation and Public Safety Plan with photographs showing the newly relocated portage access area. The licensee should also file a revised as-built Exhibit R drawing depicting the new portage access area within 90 days of completing the facilities. The licensee’s request to amend the recreation plan should be approved. The Director orders: (A) The licensee’s request to amend the recreation plan, filed March 27, 2008, for the Derby Dam Hydroelectric Project, is approved. (B) Within 90 days of completion of construction of the relocated fishing and canoe portage access area, approved in ordering paragraph (A), the licensee should file with the Commission a revised Recreation and Public Safety Plan and a revised as-built Exhibit R drawing showing the location and layout of the completed facility in relation to the project boundary. (C) This order constitutes final agency action. Requests for rehearing by the Commission may be filed within 30 days of the date of issuance of this order, pursuant to 18 CFR § 385.713.

Robert J. Fletcher Chief, Land Resources Branch Division of Hydropower Administration and Compliance

20080903-3027 FERC PDF (Unofficial) 09/03/2008

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