20150223-5220 FERC PDF (Unofficial) 2/23/2015 3:39:22 PM

20150223-5220 FERC PDF (Unofficial) 2/23/2015 3:39:22 PM

OFFICIAL CORRESPONDENCE SENT VIA ELECTRONIC MAIL

DEPARTMENT OF THE INTERIOR
National Park Service
Mississippi National River and Recreation Area
111 Kellogg Boulevard E Suite 105
Saint Paul, Minnesota 55101
NO HARD COPY WILL FOLLOW

February 19, 2015

Ms. Kimberly D. Bose, Secretary
Federal Energy Regulatory Commission
888 First Street NE
Washington, DC 20426
Dear Secretary Bose:
The National Park Service (NPS), Mississippi National River and Recreation Area (NRRA) has
reviewed Minneapolis Leased Housing Associates IV (Applicant) Draft Application for License
for Minor Water Power Project (Application), including the Draft Environmental Assessment
(EA) for the A-Mill Artist Lofts Hydroelectric Project (FERC Project No. 14628). The Project is
located entirely within the NRRA and we have a number of comments and concerns.
The NRRA was designated by Congress in 1988 to preserve, protect and enhance the significant
values of the Mississippi River and to provide for orderly public and private development in the
Twin Cities metro area (P.L. 100-696). A comprehensive management plan (CMP) was
prepared and signed by the Secretary of the Interior in November 1995. The NRRA and CMP
were not referenced in the Application but should be included as a federal area affected by the
Project.
Additional NPS statutory authorities that should be referenced in the license application include:
the NRRAs enabling legislation (P.L. 100-696) and various authorities of the United States
Department of the Interior outlined below. These responsibilities represent the national public
interest that would be directly affected by the project. Laws pertinent to the Departments
responsibilities related to hydropower development, and requiring NPS review and consultation,
include: Sixteen U.S.C. 460zz-3(b)(1) requiring the National Park Service to review and ensure
the projects compatibility with the Comprehensive Management Plan (CMP) for the MISS; the
Fish and Wildlife Coordination Act, 16 U.S.C. 661 666c; the Anadromous Fish Conservation
Act, 16 U.S.C. 757a; the Fish and Wildlife Act of 1956, 16 U.S.C. 742f; the National
Environmental Policy Act, 42 U.S.C. 4321 et.seq.; the Clean Water Act, 33 U.S.C. 1251 et.
seq.; the Federal Power Act, as amended 16 U.S.C. 791(a) et seq. and 18 CFR Ch. 1, 4.38 et.
seq., which outlines consultation requirements and NPS authority to prescribe conditions to
amended hydropower facilities; the Electric Consumers Protection Act of 1986, Public Law 99
945; the Fish and Wildlife Act of 1956, 16 U.S.C. 742f(a)(4), which directs the Secretary of the

20150223-5220 FERC PDF (Unofficial) 2/23/2015 3:39:22 PM

OFFICIAL CORRESPONDENCE SENT VIA ELECTRONIC MAIL

DEPARTMENT OF THE INTERIOR
National Park Service
Mississippi National River and Recreation Area
111 Kellogg Boulevard E Suite 105
Saint Paul, Minnesota 55101
NO HARD COPY WILL FOLLOW
Interior to, take such steps as may be required for the development, advancement, management,
conservation, and protection of fish and wildlife resources , and Section 106 of the National
Historic Preservation Act.
Identification of recreational enhancement and mitigation opportunities are a requirement of all
FERC licenses and pursuant to the Outdoor Recreation Act of 1963 (16 U.S.C. 4601-1), the
NPS Organic Act (16 U.S.C. 1 et seq.) the Wild and Scenic Rivers Act of 1968 (Public Law 90542), and the National Trails Systems Act of 1968 (16 U.S.C. 1246 (a)).
The NRRA supports the Minneapolis Leased Housing Associates efforts to adaptively redevelop
the Pillsbury A-Mill for affordable housing and to offset a percentage of the buildings electricity
consumption with clean hydropower. We are encouraged that the project is being designed to
protect and maintain the historic A-Mill. However, with the issuance of a 50 year hydropower
FERC license we need to be assured that the project will not impact the nationally significant
cultural and recreational resources of the area, as well as the visual integrity of St. Anthony Falls.
We offer the following specific comments:
Exhibit A Last line/paragraph MHLA expects that the details . . . . . . . as part of license
conditions for the Project, including any increase in minimum flow as required by FERC.
Page 5 Section 1.3.5 - The St. Anthony Falls Historic District, including the Pillsbury A-Mill
National Historic Landmark (NHL), and other nationally significant resources within the district,
played a key role in Congress decision to establish the NRRA. We are particularly concerned
with impacts to the historic fabric involved with the development of this project, including the
tail race tunnels and canals that exit from the mill and into the park below. The
stabilization/treatment these structures require is of particular concern. Negative impacts to the
tail raceways or sending water into the already deteriorating structures could hasten their
destruction. We encourage the Applicant to continue to consult with the State Historic
Preservation Office (SHPO) to ensure the project protects and maintains historic properties and
to complete the 106 consultation process before the FERC license is issued. The NPS needs to
be a party to a programmatic agreement if it is determined the project will have an adverse effect
in the Area of Potential Effect (APE).
The full scope of the work involved in stabilization of the tailrace masonry and scaling the
limestone shelf on the roofs has not yet been determined and requires further engineering study
and investigation. This work will be more difficult after installation of the new hydroelectric
systems when access into the tail race will be very limited. We recommend delaying installation
of the new system until these studies and related repair can be accomplished.

20150223-5220 FERC PDF (Unofficial) 2/23/2015 3:39:22 PM

OFFICIAL CORRESPONDENCE SENT VIA ELECTRONIC MAIL

DEPARTMENT OF THE INTERIOR
National Park Service
Mississippi National River and Recreation Area
111 Kellogg Boulevard E Suite 105
Saint Paul, Minnesota 55101
NO HARD COPY WILL FOLLOW
Section 106 also requires that FERC consult with interested Native American Tribes. The
following provides a list of tribes the NPS typically consults with and should be contacted to
determine if they attach religious or cultural significance to the project:
Dakota/Sioux 10
Crow Creek
Flandreau
Lower Sioux
Prairie Island
Santee of Nebraska
Shakopee
Sisseton Wahpeton
Spirit Lake
Upper Sioux
Fort Peck
Ojibwe/Chippewa 8
Bois Forte
Fond du Lac
Grand Portage
Lac Courte Oreilles
Leech Lake
Mille Laces
Red Lake
White Earth
Iowa Tribe of Oklahoma
HoChunk
Nation
Winnebago Tribe of Nebraska
Page 10 Sec 2.2.2 Proposed Project Operations - The NPS recommends the arrangement to
coordinate with Xcel energys St. Anthony Falls project to monitor pool elevation and to
proportionately share Project inflow reductions be addressed in the Draft EA not during
licensing. The amount of water flowing over St. Anthony Falls is a very contentious issue. Not
all the resource protection agencies agree on the amount of water that should flow over St.
Anthony Falls to maintain its integrity as a natural, cultural, visual, and economic resource.
Since 2003, the NRRAs position has been that the existing license requirement and minimum
surface flow of 100 cubic feet per second (cfs) is inadequate to maintain the recreational,
economic and aesthetic significance of the St. Anthony Falls area and is in conflict with the
Low Flow Contingency and Management Plan for St. Anthony Falls, which recommends a

20150223-5220 FERC PDF (Unofficial) 2/23/2015 3:39:22 PM

OFFICIAL CORRESPONDENCE SENT VIA ELECTRONIC MAIL

DEPARTMENT OF THE INTERIOR
National Park Service
Mississippi National River and Recreation Area
111 Kellogg Boulevard E Suite 105
Saint Paul, Minnesota 55101
NO HARD COPY WILL FOLLOW
minimum of 200 cfs for all hydropower projects in the St. Anthony Falls area. Since the mid1980s, the Minneapolis Park and Recreation Board has maintained that flows over St. Anthony
Falls not fall below 2,000 cfs. This discrepancy in minimum flows reflects broad disagreement
and concern for the minimum flows and its impacts to St. Anthony Falls. This is especially
troubling since FERC authorized Xcel Energy to use an additional 341 cfs of water at is St.
Anthony Falls Project, which is located adjacent to the Pillsbury A Mill Project. We recommend
the results of the Aesthetic Flow Study being conducted by Xcel Energy, once completed, be
considered when FERC determines minimum flows and cumulative impacts for the Pillsbury,
Crown (FERC Project No. 11175 and Xcel Energy (FERC Project No. P-2056) projects. The
minimum flow issue and resulting requirements for all hydro projects in this area needs to be
addressed before licensing occurs.
Page 12 Section 2.2.4.4 - The Applicant is required to consult with NPS to determine if
recreational enhancements should be considered. In the case of the Pillsbury A Mill Project, the
NRRA feels enhancements are necessary in exchange for the use of an historic, public water
resource to generate electricity for a private development located within the NRRA. As the
Applicant acknowledged at the scoping meeting Recreational enhancements and land use are a
big thing. Recreational enhancements that could be considered include interpretive exhibits,
public recreational access, canoe/kayak portage, or lighting. The enhancements, if not
appropriate in the project area, could be located nearby as is often the case for safety reasons or
if there would be greater benefits to the public. The Minneapolis Park and Recreation Boards
proposed portage in the Central Riverfront is a good starting point for consultation and was
attached to NPS comments on the scoping document. The portage or other appropriate
enhancements should be discussed before a final license is issued.
Page 15 Section 3.2 Scope of Cumulative Effects Analysis The potential for visual
resources to be cumulatively affected by the Project needs to be addressed in the EA. The
National Park Services Visual Resource Protection Plan identified the St. Anthony Falls area
and surrounding historic district as important visual resources in the NRRA that need continued
protection and enhancement. Determining if the minimum amount of flow over of the falls is
adequate through Xcel Energys Aesthetic Flow Study will be important to maintaining the
areas continued economic, recreational, and aesthetic integrity. (See comments on Sec. 2.2.2)
Page 41 Section 3.3.4.2 Please amend this section to indicate the project will have temporary
adverse effects on wildlife and botanical resources.
Page 51 Boating and Fishing Paragraph 2. Add: In 2012, the Secretary of Interior
designated the 72-mile Mississippi National River and Recreation Area a National Water Trail.

20150223-5220 FERC PDF (Unofficial) 2/23/2015 3:39:22 PM

OFFICIAL CORRESPONDENCE SENT VIA ELECTRONIC MAIL

DEPARTMENT OF THE INTERIOR
National Park Service
Mississippi National River and Recreation Area
111 Kellogg Boulevard E Suite 105
Saint Paul, Minnesota 55101
NO HARD COPY WILL FOLLOW
The National Water Trail is incorporated into the National Trails System and covered under the
National Trails Systems Act of 1968 (16 U.S.C. 1246 (a)).
Paragraph 3 Last line Add: the closing of the Upper St. Anthony Falls Lock to boat traffic
will require that canoeists portage around the lock.
Page 51 Specially designated Recreation Areas in the Project Vicinity The National Water
Trail is part of the National Trail System and should be included in this section. (See comment
Page 51 above).
Page 57 Section 3.3.7.1 See comments Section 1.3.5
Page 62 65 It is premature to determine no adverse effect to historic resources. The 106
consultation process should be completed before the FERC license is issued.
Page 67 68 Section 3.3.8.2 It is premature to determine if there will be no effect on
aesthetic resources until the Aesthetic Flow Adequacy Plan is completed by Xcel Energy.
Page 72 The Comprehensive Management Plan (CMP) for the NRRA is a federal, not local,
plan. The CMP incorporates, by reference, the State Mississippi River Critical Area Plan
(Executive Order 79-19). The Minnesota Department of Natural Resources administers the State
Critical Area Program.
And finally, we continue to support the US Fish and Wildlife Services (and other agency
requests) to develop a Project Operations and Maintenance Plan.
Thank you for the opportunity to comment on the Draft Application and Environmental
Assessment and for your attention to these comments.

Sincerely,
// JA //
John Anfinson
Superintendent

20150223-5220 FERC PDF (Unofficial) 2/23/2015 3:39:22 PM

OFFICIAL CORRESPONDENCE SENT VIA ELECTRONIC MAIL

DEPARTMENT OF THE INTERIOR
National Park Service
Mississippi National River and Recreation Area
111 Kellogg Boulevard E Suite 105
Saint Paul, Minnesota 55101
NO HARD COPY WILL FOLLOW

20150223-5220 FERC PDF (Unofficial) 2/23/2015 3:39:22 PM

Document Content(s)
NPS Comments_Minneapolis Leased Housing_DEA_02_06_2015.DOC............1-7