RAPID/Roadmap/17
Geothermal Aesthetic and Recreational Resource Assessment Overview (17)
Possible sources of visual impacts during construction and operation of a bulk transmission facility include:
- Occasional, short-duration road traffic and parking, and associated dust.
- The erection and presence of meteorological towers; the presence of solar panels, if used, and the possibility of associated reflections producing sun glint.
- The presence of idle or dismantled equipment, if allowed to remain on the site.
- Road development (new roads or expansion of existing roads) may introduce strong visual contrasts in the landscape, depending on the route relative to surface contours, and the width, length, and surface treatment of the roads.
- Conspicuous and frequent small-vehicle traffic for worker access and frequent large-equipment (trucks, graders, excavators, and cranes) traffic for road construction, site preparation, and turbine installation are expected. Both would produce visible activity and dust in dry soils.
- Suspension and visibility of dust would be influenced by vehicle speeds and road surface materials.
- Temporary parking for worker’s vehicles would be needed within staging areas or on adjacent surfaces.
- Unplanned and unmonitored parking could likely expand these areas, producing visual contrast by suspended dust and loss of vegetation in portions of the site.
- Ground disturbance would result in visual impacts that produce contrasts of color, form, texture, and line. Excavating for turbine foundations and ancillary structures; trenching to bury electrical distribution systems; grading and surfacing roads; clearing and leveling staging areas; and stockpiling soil and spoils (if not removed) would (1) damage or remove vegetation, (2) expose bare soil, and (3) suspend dust. Destruction and removal of vegetation due to clearing, compaction, and dust are expected.
- Soil scars and exposed slope faces would result from excavation, leveling, and equipment movement.
- Invasive species may colonize disturbed and stockpiled soils and compacted areas.
Aesthetic and Recreational Resource Assessment Overview Process
17.1 to 17.2 Will the Project Be Located on or near a Wild and Scenic River?
In 1968 Congress passed PL 90-542, the Wild and Scenic Rivers Act (WSRA), in order to protect rivers of particular scenic, recreational, geologic, fish and wildlife, historic, cultural or other similar values from impact on their free-flowing condition. Free-flowing condition refers to "existing or flowing in natural condition without impoundment, diversion, straightening, rip-rapping, or other modifications of the waterway."
The policy of the Act is to ensure dam and other construction projects on protected rivers and congressionally designated study rivers are balanced by the need to protect the water quality and other conservation purposes of the Act. The result is a system of rivers referred to as the National Wild and Scenic Rivers System. Section 7 of the Act provides for varying standards of review depending on the nature of the project.
Section 7(a) of the WSRA prohibits FERC from licensing the construction of any dam, water conduit, reservoir, powerhouse, transmission line, or other project works “on or directly affecting” designated rivers. It also limits the power of any federal department or agency, including FERC, to assist in the construction of any “water resources project” having a direct and adverse effect on the values for which the river was established. In addition, Section 7 limits licensing and water resources projects upstream, downstream, or on a tributary to a designated river. Such projects must not invade the area or unreasonably diminish the scenic, recreational, and fish and wildlife values present in the area at the time of designation.
Section 7(b) of the WSRA imposes similar limitations on Congressionally-authorized study rivers. The same FERC prohibition applies for hydropower project construction, as does the restriction on other federal agency assistance for water resources projects. On rivers designated for study in Section 5(a) of the WSRA, a similar process is used to evaluate proposed projects upstream, downstream or on a tributary to the study river, except that the word “unreasonably” is omitted from the statute. Congress has set a higher standard of protection for study rivers during the finite study period.
The river-administering agency is responsible for conducting the Section 7 analysis and making a determination under the statute. This responsibility does not preclude utilizing staff expertise of the proposing/permitting agency in the evaluation process. The Section 7 determination is signed and transmitted to the proposing/ permitting agency via respective river-administering agency processes.
Unlike new FERC-licensed projects, which are prohibited if they are “on or directly affecting” a designated river, other proposed federally assisted water resources projects are prohibited only if they would have a “direct and adverse effect” on the values for which a river was added to the National System. Examples of projects that would likely be subject to this standard include, but are not limited to: dams; water diversion projects; fisheries habitat and watershed restoration/ enhancement projects; bridge and other roadway construction/reconstruction projects; bank stabilization projects; channelization projects; levee construction; recreation facilities such as boat ramps and fishing piers; and, activities that require a Section 404 permit from the ACOE.
Technical Report of the Interagency Wild and Scenic Rivers Coordinating Council.
Federal assistance means any assistance by an authorizing agency including, but not limited to, the following:
- A license, permit, preliminary permit, or other authorization granted by the Federal Energy Regulatory Commission pursuant to sections 4(e) and 4(f) of the Federal Power Act, 16 U.S.C. 797;
- A license, permit, or other authorization granted by the Corps of Engineers, Department of the Army, pursuant to the Rivers and Harbors Act of 1899 (33 U.S.C. 401 et seq.), and section 404 of the Clean Water Act (33 U.S.C. 1344); and
- Any other license, permit, or authorization which may be required by an agency or Department of the Federal Government before, during, or after construction of a water resources project.
The Secretary of Agriculture will consent to the issuance of any Federal license, permit, or other authorization if, as a finding of fact, it is determined that:
- (1) The water resources project will not have a direct and adverse effect on the values for which a Wild and Scenic River or Study River was designated, when any portion of the project is within the boundaries of said river, or
- (2) The effects of the water resources project will neither invade nor unreasonably diminish the scenic, recreational, and fish wildlife values of a Wild and Scenic River, when any portion of the project is located above, below, or outside the Wild and Scenic River, or
- (3) The effects of the water resources project will neither invade nor diminish the scenic, recreational, and fish and wildlife values of a Study River when the project is located above, below, or outside the Study River during the study period.
If consent is denied, the Secretary may recommend measures to eliminate adverse effects, and the authorizing agencies may submit revised plans for consideration.
A water resources project is defined by the act as any dam, water conduit, reservoir, powerhouse, transmission line, or other project works under the Federal Power Act (41 Stat. 1063) as amended, or other construction of developments which would affect the free-flowing characteristics of a Wild and Scenic River or Study River.
Wild & Scenic Rivers Section 7(a):
17-FD-a
A wild, scenic or recreational river area eligible to be included in the system is a free-flowing stream and the related adjacent land area that possesses one or more of the values referred to in Section 1, subsection (b) of this Act. Every wild, scenic or recreational river in its free-flowing condition, or upon restoration to this condition, shall be considered eligible for inclusion in the national wild and scenic rivers system and, if included, shall be classified, designated, and administered as one of the following:
- (1) Wild river areas -- Those rivers or sections of rivers that are free of impoundments and generally inaccessible except by trail, with watersheds or shorelines essentially primitive and waters unpolluted. These represent vestiges of primitive America.
- (2) Scenic river areas -- Those rivers or sections of rivers that are free of impoundments, with shorelines or watersheds still largely primitive and shorelines largely undeveloped, but accessible in places by roads.
- (3) Recreational river areas -- Those rivers or sections of rivers that are readily accessible by road or railroad, that may have some development along their shorelines, and that may have undergone some impoundment or diversion in the past. (16 U.S.C § 1273).
For projects below, above or on stream tributary to the designated river corridor, the river administering agency would evaluate the effects of the proposal on scenic, recreational, fish and wildlife values present in the designated river at the date of designation. The standard of evaluation is whether the proposal would “unreasonably diminish” these stated values. Section 7(a) of the Act provides a specific standard for review of developments below or above or on a stream tributary to a designated river. Such developments may occur as long as the project “will not invade the area or unreasonably diminish the scenic, recreational, and fish and wildlife values present in the area as of the date of designation . . .” This standard applies to projects outside the river corridor but on the same river or a tributary. The initial question to be addressed is whether or not the proposed project invades the designated river.
The term invade is defined as encroachment or intrusion upon. If the project is determined to invade the designated river, the proponent would be advised to develop measures to eliminate this unacceptable effect. If the proposed project does not invade the designated river, the next question to be answered, relative to the standard in Section 7(a), is whether or not the proposed project will “unreasonably diminish” any of the specified values.
Technical Report of the Interagency Wild and Scenic Rivers Coordinating Council.
Section 7(b) of the Act provides a specific standard for review of developments below, above or on a stream tributary to a congressionally authorized study river. Such developments may occur as long as the project “will not invade the area or diminish the scenic, recreational, and fish and wildlife values present in the area on the date of designation . . .” This standard applies to projects outside the river corridor but on the same river or a tributary.
1) The initial question to be addressed is whether or not the proposed project invades the congressionally authorized study river. The term invade is defined as encroachment or intrusion upon. If the project is determined to invade the congressionally authorized study river, the proponent would be advised to develop measures to eliminate this unacceptable effect.
2) If the proposed project does not invade the congressionally authorized study river, the next question to be answered, relative to the standard in Section 7(b), is whether or not the proposed project will “diminish” any of the specified values. Specifically, does the proposed project cause diminution of the scenic, recreational, and fish and wildlife values of the study river (as present at the date. of designation of the river for study)? A project with long-term, positive benefits which greatly outweigh very short term diminishment of stated values may be determined acceptable.
Technical Report of the Interagency Wild and Scenic Rivers Coordinating Council.
17.3 to 17.5 - Will There Be Any State Aesthetic Issues?
A state may require a permit if a project affects line of sight, creates excess noise, affects a protected aesthetic resource, etc.
Hawaii
In Hawaii, geothermal developers may need to obtain a Noise Permit from the Hawaii Department of Health Indoor and Radiological Health Branch. For more information, see:
Noise Permit:
17-HI-a
Montana
In Montana, the Montana Department of Natural Resources & Conservation may conduct an aesthetic resource assessment for any geothermal project. For more information, see:
Aesthetic Resource Assessment:
17-MT-a
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