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HomeMy WebLinkAboutAmerican Whitewater - 7-28-09 Dave Steindorf Califomia Stewardship rector Amyf M"NYEW�F—ff 413aronnii�Drive Chico,CA 95928 530-343-1871 www.americanwhitewater,or dave@americanwhitewater.ore ��VMmiti� ..f11 A#SIY July 28, 2009 `30ARD OF SUPERVISORS Ms.Victoria A.Whitney, Deputy Director Division of Water Rights �V0 2 2010 California State Water Resources Control ®VlLL ,CALIFQRNIA 10011 Street, 14th Floor Sacramento, CA 95814 RE:American Whitewater Comments Draft 441 FERC 2100 American Whitewater appreciates the opportunity to comment on the Draft Water Quality Certification from the State Water Resources Control Board (SWRCB) for the Oroville Project (FERC License 2100). American Whitewater, along with our local affiliate club the Chico Paddleheads,were involved from the beginning of the Oroville relicensing process in 2000. We were also signatories to the Settlement Agreement (SA) signed in 2006. American Whitewater has participated in the relicensing of over twenty FERC projects in California and we are currently involved in the implementation of new licenses for the Feather, Pit, Mokelume, and Kern Rivers. Our experience on these projects has given us a clear perspective on how negotiated agreements are transformed into on the ground license measures. It is with this background that we offer the following comments on the Draft Water Quality Certification for the Oroville Project. In general,we appreciate the fact that this Draft Certification provides clarity on many of the provisions in the settlement agreement. Providing timelines, for specific measures in areas where none were provided in the SA, will help to insure that mitigation measures move forward on a timeline that is clear to all parties. The Draft Certification provides clarity as to the parties that must be consulted in regards to plans for specific resources areas. Including recommendations from the consulting parties will help to keep development of these plans open and transparent. Approval of these plans by the Deputy Director is consistent with the State Boards independent regulatory authority and the State Board's mandate to protect beneficial uses of the Feather River In our view this Draft Certification is consistent with the SA and will improve the implementation of this license. Comments on Specific.,Measures American Whitewater would like to be listed among the consultees on any areas that have the potential to impact river recreation. Our rationale is that most agencies lack the specific expertise to determine how resource measures could have an effect on water river recreation, particularly safety. Measures that have the potential to impact river recreation include: S1. Lower Feather River Habitat Improvement Plan S2. Gravel Supplementation and Improvement Program S3. Channel Improvement Program S4. Structural Habitat Supplementation and Improvement Program Plan S5. Fish Weir Program S6. Riparian and Floodplain Improvement Program S22. Feather River Whitewater Boating Opportunity Feasibility Study Developing a comprehensive strategy that integrates all of these plans and includes recreation will ensure the best possible outcome on this project.The Feather River Whitewater Boating Opportunity Feasibility Study, as required in the Draft Certification,would be an opportunity to look for ways to improve river recreation while improving the ecological function of the river channel. The Draft Certification is incorrect in stating that there aren't any whitewater boating opportunities within the project boundary. The R-16 Whitewater and River Boating Report (DWR 2004) describes Both the North Fork Arm and the Middle Fork Arm as having whitewater boating opportunities. The run on the North Fork Arm of the Feather is only available in dry water years when the Lake Oroville is low and provides excellent boating opportunities in dry and critically dry years. This run begins at PG&E's Poe powerhouse and is almost entirely within the Oroville Project Boundary. The other run is on the Middle Fork Feather and is available every winter and spring when the flow on the Middle Fork Feather is between 1200 and 400 cfs. This world famous run through Bald Rock Canyon run begins five miles above,the lake and continues down into the reservoir. These runs are impacted by the project by limiting takeout access. Currently both of these runs require a paddle out on the reservoir that is between two and four hours depending on the reservoir elevation. During settlement discussions a number of options to improve access were discussed, including building or improving roads to the take out points of each of these runs. After evaluating the cost of these options it was determined that it would be far more cost effective to provide a shuttle service from the Lime Saddle Marina, for the run on the North Fork, and from the Bidwell Marina for the run on the Middle Fork. American Whitewater and the Chico Paddleheads did agree to have paddlers charged a reasonable fee for this service even though we thought that. it would be totally reasonable for the licensee to pay for the entire cost of this service given the substantial impact this project has had on whitewater recreation. The language from the recreation management plan regarding the shuttle is included below. Page 6-26 Recreation Management Plan DWR will coordinate with DPR to include in the next revision of the DPR-Marina concessionaire contract, a whitewater boater fee-based shuttle service, to the extent feasible,for paddlers from a take-out/end- of-trip point on the North Fork arm of Lake Oroville to the marina at Lime Saddle. Frequency, scheduling, and fees of the service will be determined based upon user demand and reasonable use of concessionaire resources.. Continuation of the service will be contingent upon the feasibility of the shuttle service and-demonstrated use of the service. In 2007 we were notified by Department of Water Resources (DWR) that this service would be included in the new Lime Saddle Marina concessionaires contract that was up for renewal in 2008. We met with the Lime Saddle Marina concessionaire in September of 2007 and conducted a test run to determine the logistic feasibility of providing the shuttle. In that meeting we discussed with the concessionaire that the boating community would support a user fee of $10 to $15 per person for the shuttle. We also supported having a minimum group size of four paddlers. In 2008 State Parks approved a contract with the concessionaire that set the shuttle fee at a flat rate of$175 with a maximum of eight people. This contract clearly disregarded our input and did not meet the intent of the SA language above. It is clear at this point that the language contained in the SA is not sufficiently clear on what is an appropriate fee for this shuttle service. From American Whitewater's perspective this is the only provision in the entire SA to insure the protection of whitewater recreation as a beneficial use. As it currently stands, this measure does not meet the interest of the whitewater boating community. We welcome having the SWRC13 provide independent review via Feather River Whitewater Boating Opportunity Feasibility Study to explain how the needs of whitewater recreation are being met by DWR on the Oroville Project. Having clear objectives, and requirements for consultation and timelines for execution are critical for reducing conflicts during implementation of any license. We believe that SWRCB has helped to clarify many measures, or provided a mechanism to clarify measures, that will ultimately improve the Settlement Agreement. Thank you for your consideration, Dave Steindorf California Stewardship Director American Whitewater