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HomeMy WebLinkAboutDWR - Letter to FERC re ORAC's Request for FERC Action STATE of CALIFORNIA-CALIFORNIA NATURAL RESOURCES AGENCY EDMUND G. BROWN.1R.,Govemor DEPARTMENT OF WATER RESOURCES ADN4T 1S'rRny1'10 1416 NINTH STREET, P.O.130x 942836 i SACRAMENTO,CA 94236-0001 AI (9161653-5791 ; July 5, 2915 Butte County Board of Supervisors 2.5 County Center Drive Oroville, CA 95965 FERC Project No. 2100 — Response to Oroville Recreation Advisory Committee Request for FERC Action Dear Butte County Board of Supervisors: Please see the attached letter to the Federal Energy Regulatory Commission (FERC) as a follow up to the Oroville Recreation Advisory Committee's May 9, 2018, letter to FERC to which you were cc'd. Sincerely, Gwen Knittweis, Chief Hydropower License Planning and Compliance Office Executive Division cc: (see attached list) cc: Honorable Dianne Feinstein United States Senator 331 Hart Senate Office Building Washington, DC 20510 Honorable Kamala Harris United States Senator 112 Hart Senate Office Building Washington DC 20510 Honorable Doug LaMalfa Representative, U.S. Congress 322 Cannon House Office Building Washington, DC 20515 Honorable John Garamendi Representative, U.S. Congress 2438 Rayburn House Office Building Washington DC 20515 Honorable James Gallagher Member of the Assembly State Capitol, Room 2158 Sacramento, CA 95814 Honorable Jim Nielsen Member of the Senate State Capitol, Room 2068 Sacramento, CA 95814 Oroville City Council 1735 Montgomery Street City of Oroville Administration Oroville, CA 95965 Butte County Board of Supervisors 25 County Center Drive Oroville, CA 95965 STATE OF CALIFORNIA-CALIFORNIA NATURAL RESOURCES AGENCY EDMUND G.BROWN JR.,Governor DEPARTMENT OF WATER RESOURCES 1416 NINTH STREET,P.O.BOX 942836 SACRAMENTO,CA 94236-0001 (916) 653-5791 June 19, 2018 Ms. Kimberly D. Bose, Secretary Federal Energy Regulatory Commission 888 First Street, Northeast Washington, DC 20426 FERC Project No. 2100 — Response to Oroville Recreation Advisory Committee Request for FERC Action Dear Secretary Bose: The California Department of Water Resources (DWR) is writing in response to the letter from the Oroville Recreation Advisory Committee (ORAC) requesting Federal Energy Regulatory Commission (FERC) action regarding the Oroville Facilities, FERC Project No. 2100, filed on May 9, 2018. ORAC requests that FERC "extend the charter of ORAC into the new license term" and "entirely eliminate" the License Coordination Unit and the Recreation Advisory Committee from the Settlement Agreement and Recreation Management Plan. DWR recognizes the importance of public input into recreation matters at the Oroville Facilities. DWR has worked with numerous stakeholders in the Oroville community to build into the current license both active participation and recommendations from the community pertaining to recreation. This approach is also fundamental.to the relicensing Settlement Agreement to which ORAC is a signatory. DWR does not agree with this recent ORAC idea that the public will somehow have a diminished role under the Settlement Agreement's recreation management structure. Thus, DWR opposes ORAC's request. In March 2006, 53 signatories including ORAC' entered into the comprehensive Settlement Agreement for Licensing of the Oroville Facilities.' A principal component of the Settlement Agreement was a comprehensive Recreation Management Plan,3 which includes the following key elements: • DWR will form a Recreation Advisory Committee to advise DWR on implementation of the Recreation Management Plan components, review recreational use data, and recommend modifications over time as needs and I Settlement Agreement Section 4.6.1 obligates the parties to support and advocate for the Settlement Agreement and not to propose,support, or advocate license conditions inconsistent with the Settlement Agreement. 2 The Settlement Agreement was filed with FERC on March 24,2006. 3 The Settlement Agreement Recreation Management Plan was filed with FERC on March 28, 2006. Ms. Kimberly D. Bose, Secretary June 19, 2018 Page 2 uses change. Membership on the Recreation Advisory Committee will include local governments, the local chamber of commerce, at-large public representatives, relevant State agencies including DWR, a tribal representative, and a local non-governmental representative. All members must be Settlement Agreement signatories. Meetings will be open to the public. Recommendations are based on majority plus one vote. • In consultation with the Recreation Advisory Committee, DWR will file a Recreation Implementation Plan, including a schedule for implementing recreation improvements within the first 12 years of the license. • DWR will implement a recreation monitoring program and submit periodic reports to FERC on recreation use and needs in consultation with the Recreation Advisory Committee. • DWR will form a special License Coordination Unit which will be tasked, among other things, to manage the recreation improvements and ensure implementation of the Recreation Management Plan. The License Coordination Unit will provide a local point of contact for the community. • DWR will conduct community workshops in the Oroville area twice per year to share information with the community on the progress of the Recreation Management Plan implementation, reservoir conditions, and other aspects of the Oroville Facilities related to the Recreation Management Plan, as well as to receive community input. Under the Recreation Management Plan, DWR has agreed to update, improve, and expand recreation facilities for camping, day use areas, boating, and trails. This Plan was developed over many years of community input. These improvements include, but are not limited to: new floating campsites; additional parking; improvements to shoreline access for swimming and related recreation; new fish cleaning stations; additional boat ramps, boat launches and new floating docks; and various trail improvements. In addition to these commitments, the monitoring program will identify future needed recreation improvements with specific triggers for installation. FERC, in its May 18, 2007, Final Environmental Impact Statement (FEIS), estimated the annualized cost of the recreation improvements at over$4 million per year(2006 dollars). FERC, in FEIS, recommended adoption of the Recreation Management Plan in the new license, with only minor changes. In response to comments regarding community input, FERC specifically found that "the needs of the Oroville community in managing recreational resources at the project would be addressed through the opportunity for Ms. Kimberly D. Bose, Secretary June 19, 2018 Page 3 community input to recreation management through the Ecological Committee, Recreation Advisory Committee, and License Coordination Unit" (pp. 377-78). The fundamental premise of ORAC's May 9 letter is that under the ORAC structure, the public has a voting representative while under the Recreation Advisory Committee, the public will not. As explained above, the Pian clearly states the Recreation Advisory Committee will have a number of voting members representing local governments and members of the public— in fact, these local, public members will have a majority of seats on the Committee. In the May 9 letter ORAC argues that its continued existence and oversight are needed to ensure that FERC-required recreational improvements are built. To the contrary, DWR has committed in the Settlement Agreement to make these improvements, and if adopted into the license, they will become FERC-enforceable requirements. In fact, DWR has already implemented, or is actively in the process of implementing, several major recreation improvements in advance of the new license issuance. These improvements included or will include: (1) Expanding the Lime Saddle Boat Ramp Parking Lot, and brought the parking lottfacilities up to current Americans with Disabilities Act (ADA) standards. (2) Expanding the Bidwell Canyon Stage 1 Boat Ramp by adding two lanes, and brought the Stage 1 parking lot/facilities up to current ADA standards. (3) Will be expanding the Enterprise Boat Ramp (the initiation of this project is pending an agreement with the local Native American tribes to resolve cultural resource issues). (4) Providing approximately 1.3 additional acres of gravel parking (an increase of 140%) at the Saddle Dam Trailhead. This is in addition to what was called for in the 2006 Recreation Management Plan. Water, shade trees, and new picnic sites will be added later this year. (5) Will be expanding and paving the Bidwell Canyon Stage 2 Parking Lot and will expand the existing Stage 2 boat ramp by adding two launch lanes and two boarding.float lanes (construction will occur in the fall of 2018). (6) Expanding the existing Loafer Creek Boat'Ramp Parking Lot. Ms. Kimberly D. Bose, Secretary June 19, 2018 Page 4 (7) Will be building a new, 2-stage boat ramp/parking lot facility at the Loafer Creek Recreation Area. (8) Is providing a temporary boat ramp shuttle service to facilitate faster boat launching and recovery, thereby decreasing congestion at the boat ramps while the Spillway Boat Ramp is temporarily closed. (9) Will be constructing low water access pathways to both Lime Saddle and Bidwell Marinas. The majority of these recreation projects required FERC approval through amendments to DWR's current Recreation Plan for the Oroville Facilities.4 Though characterized as "token projects," in ORAC's letter, this package of projects is the largest buildout of recreation infrastructure to occur at Lake Oroville in several decades, and it is expected to exceed $37 million once all the improvements have been completed. In conclusion, DWR looks forward to receiving its new license for the-Oroville Facilities and FERC's approval of the Settlement Agreement Recreation Management Plan. DWR recognizes the value of communication with and our relationship with the Oroville community. The Recreation Management Plan was painstakingly negotiated with ORAC and other stakeholders and represents a vision and plan for recreational development at the Oroville Facilities that rivals any FERC-licensed project in the country. Furthermore, implementation of the Recreation Management Plan and the realization of its many benefits will help improve recreational opportunities and community relations. We request FERC honor the consensus achieved 12 years ago through a widespread community process regarding recreational development at the Oroville Facilities. If you have any questions or would like to discuss this further, please contact me at (916) 657-4554 or your staff may contact Eric See, Chief of DWR's Oroville Field Division License Coordination Branch at (530) 534-2324. Sincerely, Gwen Knittweis, Acting Chief Hydropower License Planning and Compliance Office Executive Division 4 The FERC orders describe the improvements in greater detail. 260 FERC¶ 62,226(2017), 160 FERC¶ 62,021 (2017).