At their November 17, 2011 meeting the Institute’s Governing Board determined that the Newfound Hydroelectric Project met the LIHI Certification Criteria. In reaching its decision to certify the Newfound Hydroelectric Project, the LIHI’s Governing Board reviewed the application for certification, as well as the Application Reviewer’s report. The Board’s vote to certify the Newfound Hydroelectric Project was unanimous, and the Board approves certification for the Newfound Hydroelectric Project for five-years with the following conditions.
Condition No. 1: KTZ Hydro LLC shall develop a system for maintaining records sufficient to demonstrate compliance with the headpond elevation and flow management limitations of instantaneous run-of-river operation and maintenance of a minimum bypass flow as specified in Condition No. 2. Within three months of the date of issuance of the certification, KTZ Hydro LLC shall provide LIHI with a written flow management plan that outlines the systems to be used to properly manage flows and headpond levels and to produce compliance records. This shall include the design for the notch in the flashboards for the minimum bypass flow and a staff gage, if determined to be warranted by the U.S. Fish and Wildlife Service. Prior to filing the plan, KTZ Hydro LLC shall obtain plan approval from U.S. Fish and Wildlife Service and New Hampshire Department of Environmental Services; written confirmation of the approvals will be filed with the plan.
Condition No. 2: KTZ Hydro LLC shall increase the bypass minimum flow to a provisional 12.7 cfs immediately and shall notify LIHI within 7 days of taking such action. KTZ Hydro LLC will also conduct appropriate analysis and finalize a minimum flow in consultation and upon agreement with the U.S. Fish and Wildlife Service and provide the results to LIHI by no later than October 1, 2012, including written concurrence from the U.S. Fish and Wildlife Service.
Condition No. 3: In the event that within the 5-year term of the certification fisheries agencies requests or prescribes upstream or downstream fish passage at the Project, KTZ Hydro LLC shall notify LIHI within 30 days of such action and the steps that KTZ Hydro LLC is prepared to take to install appropriate passage at the Project dam. In the event that KTZ Hydro LLC notifies LIHI that it does not intend to install appropriate passage, or that KTZ Hydro LLC cannot reach an agreement with resource agencies as to the nature of this passage, LIHI reserves the right to withdraw its certification should LIHI determine that KTZ Hydro LLC’s position is inconsistent with the LIHI fish passage criteria at that time.
The effective certification date for the Newfound Hydroelectric Project is May 13, 2011 and will expire on May 13, 2016. Any Commenter may submit a letter to the Certification Administrator requesting an appeal within 30 days of the posting of the Certification Decision on the Institute’s Web page. An appeal request must include specific reasons why the hydropower facility should have failed one or more criteria. If an individual or organization did not comment on the initial Application Package, they may not file an appeal.