HomeMy WebLinkAbout058-100-0911
L(Usermit to allow a Hydroelectrilant)
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L(Usermit to allow a Hydroelectrilant)
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Robley Point Hydro Partners
Jeff Twitchell
Indep. Hydro Developers -
1225 - 8th Street, Suite 465
Sacramento, CA 95814
CERTIFIED MAIL
BEAUTY
-_.65-3397
PHONE: 534.4601
December 5, 1985
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RE: Use•Permit, AP#58-.9 91
Gentlemen:
Enclosed is your validated Use Permit No. 85-29 to allow
a Hydroelectric Power Plant complete with penstocks and
,pipelines on property zoned TPZ, A-2, TM -20, & P -Q,
located approximately 2 miles South of Stirling City at
Robley Point, stretching South approximately 3z miles
along the West Branch of the Feather River, North of
Paradise.
Should you have any questions regarding this matter, please
contact this office at 534-4601 in between the hours of
10:00 a.m. and 3:00 p.m.
Sincerely,
/.A.4i cher
Director of Planning
BAK : j me
cc: Department of Public Works (2� �
Environmental Health
Department of Forestry
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USE PERMIT
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BUTTE COUNTY PLANNING COMMISSION December _5,_I985_________
DATE: (Registered Mail Rec.)
� 85-29
PERMIT NO.
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� AP_58-l0-9l______________
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ASSESSOR'S PARCEL NO.
�Pursuant to the provisions of the Zoning Ordinance of the County of
� Butte and the special conditions set forth below: Robley Point Hydro .
Partners is hereby granted a Use Permit in accordance with application
! filed: ll/l9/84 to allow a hydroelectric power plant complex with
penstocks and pipelines on property zoned TPZ-160, KJ° and P -Q located
approximately 2 miles south of Stirling City at Robley Point, Stretching
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south approximately 3 1/2 miles along the West Branch of the Feather
River,� north of Paradise.
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l' Failure to comply with the conditions specified herein as the basis �
) for approval of application and issuance of permit, constitutes
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. cause for the revocation of said permit in accordance with.the
� procedures set forth in the Butte County Zoning Enabling Ordinance.
2. Unless otherwise provided for `n a condition to a use permit, all
conditions must be completed by the permittee within 12 months of
the delivery of the countersigned permit to the permittee. ~
3. If any use for which a use permit has been granted is not
established within'one year of the date of receipt of the
, countersigned permit by the permittee, the permit shall become nufl
and void and reapo1ication shall be required -�o establi'sh the use.
I SPECIAL CONDITIONS:
l� Applicant to post a bond with the Department 'of Public Works to
assure that any damage to County roads from hauling construction
equipment and materials will be repaired in a timely manner'.
2. Comply with any requirements of the California Regional Water
. Quality Board including.a waste discharge permit if appropriate.
Meet the requirements of the Butte County Environmental Health
Division including: .
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a.': Chemical toilets only be used on a tempora'ry basis during
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construction '
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b.' Permanent sewage disposal facilities and toilets shall be
provided at power house and upper diversion structure for-
full-time
orfull-time employees upon completion of construction.
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` c. No employee trailers will be permitted on park or the project
property without approved sewage disposal system and water
supply. _
4. Potable water will be required at power house and diversion
. structure for toilets, laboratories and employees. Surface water
can not be utilized without treatment which would include
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protreatmentV filtration and chlorination.
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Construction activities are to be limited to 7:30 a.m. to 6:30 p.m.
Monday through Saturday.
Provide information to the Environmental Health Division of Types
and sizes of fuel storage facilities. If tanks are below ground,
they must be constructed and installed to comply with State
regulations relating to underground tanks. If aboOe-ground tanks
are to be installed, show paving and diking for leak and spill
protection.
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Minimize sedimentation and turbidity during construction and
operation, by impl6menting the following: �
a. Avoid areas of -highly unstible soils or steep slopes during
construction.
b.. Confine instream construction activities to the low -flow summer
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months-.
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C. Minimize new road construction.
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dr Place culverts to avoid water discharge onto highly erodible
surfaces.
K Terrace and drain natural slopes where appropriate.
f. Revegetate cleared areas promptly after construction to minimize
eroiion problems.
g. Cover denuded slopes with protective mulch as soon as
practicable after construction and reseedusing adapted plant
species of value to wildlife.
h. Isdlate construction operations in the stream channel by using a
cofferdam.
i.` Comply with the streambed modification agreement, as required by
the Department of Fish and Game.
j., Operate consttruction equipment in flowing water only at the
intake structu�-e site as necessary.
k. Deposit of exc�vated material in an appropriate manner away from
` theWest Branch.
l. Grade and seed soil disposal sites to minimize surface erosion.
` Stockpile topsoil during construction and use the topsoil to
help establish,viable conditions to support vegetation.
M. Prepare construction specifications in conformance with the
guidelines promulgated by the California Water Quality Control
Board for small hydro projects.
n. Install a closure device at the intake structure to prevent
washouts in case of a pipeline break during operations.
� 8. Avoid stream pollution from substances used in construction and
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operation and from -:pollutants released upstream at the project area
, . byimplementing the following:
� a. Enfbrce strict on-site handling rules as part of a spill
prevention, control and countermeasure plan to be followed
^ during construction and operations.
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b. Systematically collect and remove sanitary wastes, used oils and
other contaminants from project job sites and facilities.
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c� Use chemical toilets at all construction.sites to prevent
bacterial and nutrient contamination of the West Branch.
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d. House all electrical equipment to minimize environmental
contamination from machinery lubricants and other substances.
� e. Utilize the intake structure closure device to shut. down ^project
diversions andreturn full flows to the West Branch to provide
maximum dilution flows in case of pollution as a result of
, . spills or other ppllution sources upstream. �
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9. Minimize adverse effects from flow reduction in the West Branch by
implementing the following:
a. Conduct an IFIM study using the U.S. Fish and Wildlife Service's
methodology to' -serve as the basis for an agreement on project
bypass flows.
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' b. Design the intake structure so that the S reed -upon streamflow
releases will be automatically and contini/ally'6ypassed.
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C. Install a measuring gage directly below the intake structure to
' monitor flows and to ensure that streamflow requirements are
` met.
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d, Maintain water temperatures below 68 degrees F below the intake
structures when the temperatures are below 68 degrees F above
the Antake structure.
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'. 'lO. Reduce� the aesthet�ic impacts of the project by:
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a. The intake structure is designed to take diversion flows from a
, pool area in the river. To prevent erosion and limit
construction impacts, the soils exposed through � earthwork will
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/ be mulched and reseeded with adapted grasses and forbs as soon
as possible. Where vegetation must be cleared to permit
.' construction, the vegetation will be taper cut whenever
possible. Sedimentation and erosion control measures, as
outlined in the California Regional Water Qulaity Control
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Board's
will be
' followed in the construction and operation of all features of
-the project./
b. Excavated material from thi tunnel will either be used in road
building activities or it will be placed on bench land near the
' `tunnel outlet. The spoil will be contoured and seeded to
stabilize the soil and make the landscape more attractive.
.,Drainage will also be provided to divert runoff flows from
' . erodible surfaces.
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C. The exposed surface of the pipeline and penstock will be
finished in a non -reflective natural color to minimize the
contrast with sourrounding scenery.
d. The proposed power house will be designed.so that portions will
be placed underground (see FERC Exhibit F-13 drawing). The roof
and walls will be painted a natural color to blend with the
surrounding vegetation. Service areas will be kept as small as
possible to minimize -the size of the disturbed area.
e. Specific mitigation measures to be implemented on USFS lands to
minimize'the contrasts of project facilities with the natural
environmental will be coordinated with Forest Service personnel
at the time of construction; The same will be done with the
local recreation district for project facilities located on PRPD
lands.
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ll . Cui. ural resource`i:'mpacts shall 'be reduced.by;.
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' a. The cross-country -portions of the transmi*ssion line route have
been surveyed. Portions along the Souther Pacific right-of-way
that will be utilized for the overhead transmission route have
also been surveyed and approved by SHPO.
�''''.b. Changes made in the pipeline alignment have been covered by an
archaeological survey and an addendum to the archaeological
�report.
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c, The cultural resource identified as CA -BUT -864 on Diamond
' International land will be avoided by adjusting the pipeline
routing.
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12. Forest Service and DFG' wi ldl ife biologists will be consulted at the
time ramps are designed and constructed to provide for the passage
of. wi ldl i fe over the project pipeline in areas of soils too shallow
� to permit burial of the pipe. �
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13. Comply with Environmental Protection Agency concerns for water
quality protection. during construction by:
a. Compliance with upstream and downstream water quality standards.
b. Erosion control mitigation measures as outlined previously in
the EIR. '
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C. Measures to avoid stream pollution from chemicals as outlined in
.�USFS mitigation measures.
14. Pursuant to Section 5937 of the Fish and Game Code, applicant will
� rel*ease the following streamflows in cfs from its intake structure
�fpr the maintenance' of the West Branch Feather River's fishery and
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�riparian resources:
OCT` NOV DEC, JAN . FEB MAR APR MAY JUNE JULY AUG SEP
`.�4.' 50 50 50 50 70 70 70 65-wkl 45 -wk l 30 30
60-wk2 40 -wk 2
55-wk3 35 -wk 3
50-wk4 35 -wk 4
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The intake structure shall be constructed in such a manner that the
� required streamflow release is automatically continually bypassed.
15. Applicant will release the required stream -flow mentioned in
Condition 14 at all times from its intake structure except when the
water t' mperature, as measured by a recording thermograph located
�l00 feet upstream from the powerhouse tailrace, exceeds 20 degrees
` C. At such time applicant shall release additional water, up to the
>, entire inlfow to the intake structure, as is necessary to prevent
Wa er ' ' ature from exceeding 20 degrees C, applicant shall be
re'�ir�d tci release only sufficient water,.up to the entire
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streamflow, as may be necessary to maintain 4.2 degree C or less
difference between water temperature at the point of intake.
lb. All streamflow releases and temperature requirements will be
monitored by a continuous recording stream gage and recording
thermographs at two sites approved by Fish and Game. The recording
gage and thermographs shall be properly operated and maintained by
applicant. The daily record of ma>cimum and minimum flows, maximum
temperatures, and -..daily power generation records shall be provided
to Fish and Game annually by December =1 of each year for the
preceding October l- September ?p water year,
17. To prevent fish stranding, increases in the amount of water- diverted
shall be gradual and at a rate not to exceed 30 percent of the total
streamflow per hour.
16. A fish screen acceptable to'Fish and Game shall be installed on the
intake structure, and shall be properly operated and maintained by
th.e applicant.
19'. Applicant will by a method acceptable to the Central Valley Regional
Water Quality Control Hoard and Fish and Game, remove sand and
sediment from the pool immediately upstream from the intake
structure on the West Branch of -the Feather River to a site
acceptable to the aforementioned agencies. All accumulated
materials greater than or equal to one-half inch in greatest
dimension shall be -returned in'an approved manner to the West. Branch
of the Feather River downstream from the intake structure. A
self-cleaning diversion weir would be an acceptable alternative.
20. To prevent erosion and sedimentation of the West Branch Feather
River, road construction and conduit alignment shall be performed in
accordance with an erosion control plan approved by the Regional
Water Quality Control Board.
1. Transmission lines shall be designed and constructed in such a way
that they are not a hazard to raptors.
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Pill areas denuded during project construction shall be reseeded with
native plant species valuable to wildlife. Denuded slopes shall be
covered with a protective mulch or other protective reseeding
technique as soon as practicable following active work at.a specific
site, but before October 15 in any given year: Slope protection
shall be repeated as often as necessary to ensure erosion control.
23. At least 90 days prior to start of construction, applicant will
submit to Fish and Game for its review and approval., engi.n�ered
drawings of the int ' aE.--.e structure, the fish scr.een , and the
powerhouse tailrace. These drawings shall be designed by a
State -licensed Civil Engineer. The intake structure shall
bedesigned to pass the 100 -year flood flow and the outlet of the
fish flow release'shall be designed to prevent streambank: erosion
when water is released from the powerhouse,"
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2' . Pursuant to Section 1603 of the Fish and Gam' Code, applicant will,
prior tp the beginning of project construction, notify Fish and Game
and enter into a Streambed Alteration Agreement, not inconsistent
with the terms of this Agreement, with the Department to protect
fish and wildlife resources during project construction.
25. Applicant will, for the life of the project, permit access to the
project by agents representing Fish and Game, without prior
notification, to.ensure proper incorporation and operation of fish
and wildlife protection measures.
26. Applicant will implement any remedial action and/or measures found
necessary by Fish and Game to protect, maintain or restore fish and
wildlfie resources adversely impacted as a result of failure to
` comply in whole or in part with any of these terms and/or conditions
for the project.
27. Applicant will maintain and operate the project incompliance with
the aforementioned terms and conditions for the life of the project,
regardless' of whether it operates under a license or any other
regulatory program of the Federal Energy Regulatory Commission.
28. Applicant will incorporate the aforementioned term's and conditions
in any -subsequent sale, lease, conveyance or other entitlement use
of interests so a's�to legally assure compliance with said terms and
conditions for as long as the 'project generates electric power.
29. At the time of final design, applicant will submit detailed project
maps to the California Division of Mines and Geology showing the
locations where specific erosion or sediment control measures will
be required. Applicant will provide a comprehensive erosion control
plan prior to commencing with construction.
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30. F/er the preliminary supporting design and repo/t, seismic loading
will be calculated using U.S. Army Corps of Engineers EM -1.110-2-1001
(l960). Water pressure from earthquake acti'on will be applied to
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accordance with EM-lll0-2-2200.
31. Tunnel spoil material will be used for r6vegetation purposes as
feasible.
32. Applicant must also comply with all other apol/cabl ' Federal, State
and local statutes, ordinances, and regulations.
I hereby declare under penalty of perjury that I have read the
foregoing conditions, that they are in fact the conditions which
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were imposed upon the granting of this use permit, and that I agree
to abide fully by said conditions.
Dated:
Applicant
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NOTE:- Issuance of this Use Permit does not waive requirement of
obtaining'Building and Health Department permits before starting
construction, nor does it waive any other -requirements.
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Chairman ofPlanningCommission
CC: Department of Public Works ()
Health Department'
Fire Department
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