Swinging Bridge Project (P-I0482) Fact Sheet PUBLIC ACCESS AND RECREATION AT MIRANT PROJECTS Explanation of Land/Public AccessArticles Article 5 Requiresthe licenseeto acquiretitle in fee or the right to usein perpetuityall landsappropriate and for the construction,maintenance, operationof the project. The Commissionexpectsthe to licensee have adequate rights. If it doesnot havethe needed rights, it must obtainthem. The for licenseeis ultimately responsible the activitieswhich occurwithin its project boundaries. Standard Land Use Article This article (article 410 of the Rio licenseP-9690,article 408 of the MongauplicenseP-I0481, and article 407 of the SwingingBridge P-I0482) givesthe licenseethe authority to permit or to of conveyinterestsfor certaintypesof useand occupancy project landsandwaterswithout prior Commissionapproval,providedit is consistent of with the purposes protectingand enhancing the scenic,recreational,and otherenvironmental valuesof the project. The licenseehas and and continuingresponsibilityto supervise control the useand occupancies to take any to lawful actionnecessary correctany violations including cancelingpermissionto useand occupythe project landsandwatersand/orrequiringremovalof any non-complyingstructures and facilities. The licenseemay establisha programfor issuingpermits for specifiedtypesof of usesand occupancy project landsandwaters,which may be subjectto the paymentof a fee reasonable to coverthe licensee's the costsof administering permit program. The the to Commissionreserves right to requirethe licensee file a descriptionof its standards, for guidelines,andprocedures implementingthis article andto requiremodification of those standards, guidelines,or procedures. on Currently,thereare severalencroachments the Mirant's land. The licenseeis working with adjacentproperty ownersto get them into compliancewith its guidelines,or plans to removethe if encroachments this is not done. Article 18 This article, in relevantpart, requiresMirant, consistentwith proper operationof the project, to to allow free public access, a reasonable extent,to project watersand adjacent public lands ownedby the licenseefor the purposeof full public utilization of suchlandsandwater for navigationand for outdoorrecreational purposes, including fishing and hunting. It further statesthat a licenseemay reservefrom public access suchportions of the project waters, for adjacentlands,andproject facilities asmay be necessary the protectionof life, health,and property.Article 18 canbe found in L-I0 (October1975)of the licenseissuedon April 14, 1992 (59 FERC, 62,034). Approved recreation plans for At eachof its projects,Mirant is responsible providing recreationfacilities as requiredby a Memorandumof Understanding of with the New York StateDepartment Environmental Conservation.The Commissionhasapproved theseplanswhich includeboating facilities and generalaccess points.
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