WASHINGTON, June 25 -- The U.S. Department of Energy's Federal Energy Regulatory Commission issued the text of the following delegated order:
Entergy Arkansas, Inc.
Project No. 271-139
ORDER APPROVING NON-PROJECT USE OF PROJECT LANDS
(Issued June 25, 2014)
1. On January 28, 2014, Entergy Arkansas, Inc. (licensee) filed an application to allow Garvan Woodland Gardens to expand its water withdrawal capacity from 0.384 million gallons per day (mgd) to 3.2 mgd from Lake Hamilton at the Carpenter-Remmel Project. The project is located on the Ouachita River in the city of Hot Springs, and Hot Springs and Garland Counties, Arkansas.
2. Garvan Woodland Gardens is a public garden owned and operated by the University of Arkansas. The water would be used to irrigate botanical garden displays and native plantings and to operate two water garden displays. They propose to construct and operate a new 1.152 mgd water intake on Lake Hamilton. They have an existing permitted 0.384 mgd intake. With the additional intake they would have a maximum capacity of 1.536 mgd.
3. A new 10-inch 800 gallon per minute pump would be located on the north shoreline within an existing structure. The new pump, with an average daily run time of 8 hours, would yield a daily withdrawal of 0.4 mgd. The existing pump output, with a daily run time of 24 hours, would yield a daily withdrawal of 1.2 mgd for a combined total of 1.6 mgd. The licensee is requesting to allow Garvan Woodland Gardens up to 3.2 mgd to allow for potential future growth needs.
4. Most of the water is circulated through water features in existing natural streambeds and returned to the lake. The system runs irrigation for the Gardens, which is estimated to utilize about 8.5% of the total amount withdrawn. The actual consumption of water on-site is estimated to an annual average of 0.126 mgd. The Gardens own all the property required to install this improvement and no ground disturbing activity would occur on project lands.
5. Prior to filing its amendment application with the Commission, the licensee consulted with the Arkansas Game and Fish Commission (Arkansas GFC), Arkansas Department of Environmental Quality (Arkansas DEQ), and the U.S. Fish and Wildlife Service (FWS). In emails to the licensee dated January 2, and January 22, 2014, the Arkansas GFC and the Arkansas DEQ, respectively, expressed that they did not have any concerns with the proposed action. The FWS agreed there were no Federal trust resources affected by the proposed action on January 13, 2014.
6. Allowing the licensee to authorize Garvan Woodland Gardens to withdraw up to 3.2 mgd from Lake Hamilton, would not result in any significant impacts to water quality or aquatic and terrestrial resources at the Carpenter-Remmel Project because almost all of the water that is removed from the reservoir is returned through natural waterways with less than 0.2 mgd being used for consumptive purposes. The application for non-project use of project lands should be approved.
The Director orders:
(A) The application for non-project use of project lands, filed January 28, 2014, by Entergy Arkansas, Inc. for the Carpenter-Remmel Project, is approved.
(B) This order constitutes final agency action. Any party may file a request for rehearing of this order within 30 days from the date of its issuance, as provided in section 313(a) of the Federal Power Act, 16 U.S.C. section 825l (2012), and the Commission's regulations at 18 C.F.R. section 385.713 (2013). The filing of a request for rehearing does not operate as a stay of the effective date of this order, or of any other date specified in this order. The licensee's failure to file a request for rehearing shall constitute acceptance of this order.
Chief, Environmental Review Branch
Division of Hydropower Administration and Compliance
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