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HomeMy WebLinkAboutFERC - Order Amending License, Revising Project Description, and Amending Project Boundary - P-2100-180 / T �^yi LL /s V j 51, z wi "„D0 0 �J v l z [r �V Lh ¢ >- LU� ctac(p < Z —) COS z :D U) C0 ' z u c) c17 U) < > � Zo 0 U) m m cel 0 z 0 0 z N t� O z. av w y L o z 0: _ w0 ul r 0 � u, ww, m m u. Ww 160 FERC 162,168 UNITED STATES OF AMERICA FEDERAL ENERGY REGULATORY COMMISSION California Department of Water Resources Project No. 2100-180 ORDER AMENDING LICENSE, REVISING PROJECT DESCRIPTION, AND AMENDING PROJECT BOUNDARY (Issued August 23, 2017) 1. On May 17, 2017, and supplemented June 16 and June 20, 2017, the California Department of Water Resources (California DWR), licensee for the Feather River Hydroelectric Project No. 2100, filed an application to amend its license in order to reroute the project's primary transmission line. The project is located on the Feather River in Butte County, California, and occupies federal lands administered by the U.S. Forest Service and the U.S. Bureau of Land Management. The project is currently in the relicensing process. It has been operating under an annual license since the original license expired in 2007.1 Background 2. The Feather River Hydroelectric Project includes three power plants, two on-river impoundments, and two off-river impoundments; in all it encompasses 41,540 acres. Specifically the project, as amended,2 consists of: (1) Lake Oroville, with a storage capacity of 3.5 million acre-feet and a surface area of 15,810 acres at its normal maximum operating level of 900 feet above mean sea level (msl); (2) the 770-foot-high, 6,920-foot-long Oroville dam; (3) the underground Hyatt Pumping-Generating Plant, containing three conventional turbines and three pump-turbines with a total capacity of 645 megawatts (MW); (4) the Thermalito Diversion Pool, a 13,350 acre-foot reservoir with a surface area of 320 acres at an operating level of 225 feet msl, impounded by the 143-foot-high, 1,300-foot-long Thermalito diversion dam with an integrated 3-MW powerhouse; (5) a 10,000-foot-long power canal conveying water to the Thermalito 1 See Notice of Authorization for Continued Project Operation, issued February 1, 2007, in Project No. 2100-000. z Dep't of Water Res. of the State of Cal., 17 FPC 262 (1957) (original license), 31 FPC 165 (1964), State of Cal. Dep't of Water Res., 12 FERC 162,270 (1980), 18 FERC 161,056 (1982), 21 FERC 9[ 62,053 (1982), 28 FERC 162,406 (1984), 30 FERC 162,383 (1985), 36 FERC y[ 62,200 (1986), 87 FERC 162,328 (1999), 124 FERC T 62,182 (2008), 125 FERC 162,107 (2008), 160 FERC 162,021 (2017). Project No. 2100-180 - 2 - forebay with a capacity of 11,768 acre-feet and a surface area of 630 acres at 225 feet msl; (6) the 91-foot-high, 15,900-foot-long Thermalito forebay dam with an integrated 114-MW pumping-generating plant; (7) the Thermalito afterbay, with a storage capacity of 57,040 acre-feet and a surface area of 4,300 acres at an operating level of 136.5 feet msl, impounded by the 39-foot-high, 42,000-foot-long Thermalito afterbay dam; (8) a 230-kilovolt (W), 9-mile-long primary transmission line from the Hyatt Pumping- Generating Plant switchyard to the Table Mountain switchyard; (9) a 230-kV, 2.3-mile- long primary transmission line from the Thermalito Pumping-Generating Plant switchyard to the Table Mountain switchyard; (10) a 15-kV, 3.9-mile-long primary transmission line from the Hyatt Pumping-Generating Plant switchyard to the Thermalito diversion dam power plant switchyard; and (11) appurtenant facilities. 3. Flows into Lake Oroville can pass downstream at Oroville Dam in one of four ways: through the six-unit, 645-MW Hyatt Pumping-Generating Plant; through the gated main spillway; over the ungated emergency spillway; or through the low-level river outlet valve. In February 2017, abnormally heavy precipitation resulted in high flows in the Feather River basin that caused extensive erosion and damage to the main spillway and emergency spillway. California DWR first observed major damage to the main spillway on February 7, 2017. Due to high inflows into Lake Oroville and reduced outflow capacity on the main spillway, Lake Oroville rose and overtopped the adjacent ungated emergency spillway on February 11, 2017, causing back-cutting erosion on the emergency spillway that threatened the stability of the emergency spillway's crest structure. Unavoidable use of the main spillway led to the loss of the lower portion of the spillway chute and caused significant erosion in the vicinity of the spillway failure site. Amendment Application 4. The original alignment of the 9-mile-long, 230-kV Oroville—Table Mountain transmission line travelled from the project's Hyatt Pumping-Generating Plant in a northwest direction across the Thermalito Diversion Pool and across the faces of both spillway areas at Oroville Dam to then turn due west toward the Table Mountain switchyard, located approximately 8 miles away. In its May 17, 2017 application, the licensee states that the Oroville—Table Mountain transmission line is endangered by erosion related to the main spillway failure and the use of the emergency spillway. The licensee states that the transmission line could be made inoperable by continued use of the emergency spillway and that the existing location of the line would interfere with the imminent spillway reconstruction effort. Therefore, the licensee proposes to relocate a portion of the transmission line away from the spillways to ensure that the licensee can reliably transmit electricity from the Hyatt Pumping-Generating Plant and thereby maintain electrical service to the spillway gates, valves, and turbines that together control the release of river flows out of Lake Oroville. 5. The licensee would circumvent approximately 5,000 feet of the existing transmission line route by constructing approximately 11,000 feet of new transmission Project No. 2100-180 - 3 - line 3 -line routed around the spillway areas. The new segment would deviate from the existing route at a point approximately 1,300 feet northwest of the powerhouse after the line first crosses the Feather River (impounded in this area as the Thermalito Diversion Pool). The reroute would travel approximately 4,000 feet to the southwest, crossing over the Feather River a second time below the Oroville dam. The reroute would then turn to the northwest to follow the existing non-project Table Mountain--Palermo transmission line roughly parallel to the river for 3,000 feet. Last, the reroute would turn again to the northeast and travel approximately 3,500 feet, crossing back over the river a third time. The final segment would travel approximately 500 feet in a northwest direction, and rejoin the existing route at a point west of the emergency spillway. The new transmission line segment would be approximately 11,000 feet long in total and include 22 new steel lattice towers up to 160 feet tall arranged in pairs to support a total of three circuits, similar to the original line. 6. The licensee states that it would clear an area 300 feet wide along the transmission line right-of—way (150 feet between the two lines and 75 feet on the two sides), resulting in the disturbance of approximately 82 acres of land area. Furthermore, the licensee also proposes to construct 13 new, 15-foot-wide segments of access road, totaling approximately 2,000 feet in length, to install the new transmission Iine reroute. Construction activities would also require staging areas, as well as work and crane pads, totaling an area of approximately 3.2 acres. Once the proposed transmission line reroute is complete, the licensee intends to remove the existing transmission line structures from the bypassed section of the existing right-of-way, as well as to remove a parallel temporary, emergency line located closer to the tops of the spillways. 7. The proposed transmission line reroute would result in the expansion of the project boundary by approximately 82 acres. The licensee states that it owns the majority of the land which the new transmission line route would cross. However, a portion of the new transmission line route would cross land owned by Pacific Gas & Electric Company (PG&E). The licensee and PG&E have developed an agreement to allow for construction on PG&E property, and PG&E intends to grant an easement to the licensee for use of the land. Pre-Filing Consultation 8. Before filing the application with the Commission, the licensee consulted with the U.S. Fish and Wildlife Service (FWS), California Department of Fish and Wildlife, the U.S. Army Corps of Engineers (Corps), the California State Historic Preservation Officer (California SHPO), and the Enterprise Rancheria of Maidu Indians (Enterprise Rancheria). As a result of this consultation, the FWS issued a Bald Eagle Take Permit that is effective until August 31, 2017, and a Migratory Bird Treaty Act permit that is effective until March 31, 2018. The Corps stated that the proposed action would not affect navigable waters of the United States and that the licensee would not need to obtain a permit under section 404 of the Clean Water Act. Additionally, the California Project No. 2100-180 -4 - SHPO and Enterprise Rancheria concurred with the licensee's finding of no adverse effect to identified cultural resources. They requested that they be informed if cultural resources are discovered during construction. Public Notice 8. On June 7, 2017, the Commission issued a Notice of Application to Amend License and Accepted for Filing, Soliciting Comments, Motions to Intervene, and Protests.' On June 22, 2017, the Friends of the River, Sierra Club, South Yuba River Citizens League, California Sportfishing Protection Alliance, and American Whitewater filed a timely joint motion to intervene.' On July 17, 2017, the City of Oroville, California (City), filed comments in this proceeding. The joint intervenors assert that the proposed transmission line reroute is prudent to avoid any future damage from the use of the spillways.' The City generally expresses concern about past harm to its residents and about their continued safety.' Threatened and Endangered Species 9. Section 7(a)(2) of the Endangered Species Act of 19731 requires federal agencies to ensure that their actions are not likely to jeopardize the continued existence of endangered or threatened species, or result in the destruction or adverse modification of their critical habitat. As identified in California DWR's June 15, 2017 filing, and confirmed by Commission staff, there are twenty federally-listed species with the ' 82 Fed. Reg. 27,059 (June 13, 2017). a Timely, unopposed motions to intervene are granted by operation of rule 214 of the Commission's Rules of Practice and Procedures. 18 CFR §385.214(c) (2016). ' The joint intervenors primarily raise concerns about the reconstruction of the project's main and emergency spillways and about future flood control operations under the pending relicensing. These matters are outside the scope of this order. 6 The City acknowledges that its comments are not tailored to the proposed transmission line reroute. The City states generally that it has lost trust in the Commission's and licensee's dam safety monitoring programs and that the dam and its facilities, as well as the licensee's operation of them, should be stringently evaluated to ensure the safety of downstream residents and the security of California's water supply project. These matters are outside the scope of this order but will be addressed, as appropriate, by the Commission's ongoing dam safety program and in the pending relicensing proceeding. 16 U.S.C. § 1536(a)(2) (2012). Project No. 2100-180 - 5 - potential 5 -potential to occur within the proposed project area.' The Biological Opinions for the project relicensing proceeding issued by the FWS in 2007 and by the National Marine Fisheries Service in 2016 found that there is no critical habitat for any federally-listed species in the area of the proposed transmission line reroute.9 California DWR reviewed the habitat surveys conducted during the relicensing process and confirmed the determination that no habitat exists in the proposed project area for any federally-listed species, whether terrestrial or aquatic. We conclude that the proposed action would have no effect on federally-listed threatened or endangered species. National Historic Preservation Act 10. Under section 106 of the National Historic Preservation Act and its implementing regulations, federal agencies must take into account the effect of any proposed undertaking on properties listed or eligible for listing in the National Register of Historic Places (National Register), defined as historic properties, and afford the Advisory Council on Historic Preservation a reasonable opportunity to comment on any undertaking.10 This generally requires the Commission to consult with the State Historic Preservation Officer (SHPO) to determine whether and how a proposed action may affect historic properties and to seek ways to avoid or minimize any adverse effects. 11. In a letter to the California SHPO dated March 31, 2017, the Commission designated California DWR as its non-federal representative for conducting informal consultation under section 106 of the NHPA for the identification, evaluation, and determination of effects to historic properties arising from the proposed transmission line reroute. Pursuant to that designation, the California DWR consulted with the California SHPO on June 15, 2017, on its proposal and provided its plan for avoiding potential disturbances to known cultural sites. As discussed in more detail below, California DWR made a preliminary determination of no adverse effect to historic properties and proposed several mitigation measures to avoid potential adverse effects." By letter dated June 16, 2017, the California SHPO stated that if California DWR follows those measures during construction to avoid potential adverse effects to historic sites, then California SHPO 'See August 22, 2017 Environmental Assessment at 17. 9 The FWS Biological Opinion was filed with the Commission on April 16, 2007, under Project No. 2100-000. The NMFS Biological Opinion was filed on December 5, 2016, under Project No. 2100-134. 10 54 U.S.C. § 306108 (2012); 36 C.F.R. pt. 800 (2017). " See paragraphs 22 through 27 of this order. Project No. 2100-180 - 6 - does 6 -does not object to the licensee's cultural resource determination within the footprint of the proposed transmission line reroute. 12. The Commission also developed a Programmatic Agreement (PA) with the California SHPO, licensee, and Federal Emergency Management Agency for the protection of cultural resources within the area of potential effect for the overall emergency response and recovery. The PA was executed on July 5, 2017.2 The PA includes provisions for the identification and management of potential effects to historic properties arising from transmission line relocations. Until the PA was executed, California DWR consulted with the California SHPO under the emergency provision of section 106 as the Commission's non-federal representative. Project Exhibits 13. The licensee's application did not include revised Exhibits G and M to show and describe the proposed transmission line reroute. During our review, we noted that the current Exhibit G drawings do not include the entirety of the original 230-kV Oroville— Table Mountain transmission line from the Hyatt Pumping-Generating Plant. We also noted that the current Exhibit G drawings do not include the 2.3-mile-long, 230-kV transmission line feeding the Thermalito pumping-generating plant within the project boundary. In order to show all project facilities within the project boundary and to be consistent with current Commission standards, the licensee must submit updated Exhibit G drawings to show a revised project boundary including the revised transmission line route, as well as the existing route of the aforementioned lines. The licensee should also update the other license exhibits to include features that this order requires on Exhibit G drawings. Ordering paragraph (C) requires the licensee to file both updated Exhibit G drawings and a revised Exhibit M describing the revised transmission line, following completion of construction. Discussion 14. Commission staff has analyzed the proposed transmission line work and its potential effects to environmental, cultural, and recreation resources. These effects are discussed further in the concurrently-issued Environmental Analysis (EA) prepared by Commission staff to fulfill the requirements of the National Environmental Policy Act for emergency circumstances." The EA contains background information, analysis of 12 See California Office of Historic Preservation July 5, 2017 Signed Programmatic Agreement, filed in Project No. 2100-000. 13 42 U.S.C. § 4332 (2012); 40 C.F.R. § 1506.11 (2017); Council on Environmental Quality, Emergencies and the National Environmental Policy Act (2016), https:llceq.doe.gov/docs/ceq-regulations-and-guidance/Emergencies_and_NEPA.pdf. Project No. 2100-180 -7 - impacts, 7 -impacts, and support for related ordering paragraphs here. In the EA, Commission staff recommends that the licensee develop a revegetation plan and consult with the resource agencies on avian and bald eagle protection measures during construction. The EA's recommended measures for environmental protections are included under ordering paragraphs (D), (E) and (F). Water Ouality and Aquatic Resources 15. The proposed transmission line reroute would cross over the Thermalito Diversion pool at two new locations west of the existing crossing at the Hyatt Pumping-Generating Plant. The water crossings do not involve any in-water construction work and the construction of support towers for the line would be at a significant distance from the diversion pool, such that no sediment or other construction debris would enter the waterway. In addition, most of the proposed staging areas and access roads are located away from streams and the diversion pool. However, the licensee proposes to maintain a vegetation buffer zone near any riparian areas to prevent any potential sedimentation to watercourses. Therefore, the proposed transmission line work would have little to no effect on water quality or aquatic resources. Terrestrial Resources 16. Construction of the proposed transmission line reroute would temporarily and permanently disturb land, vegetation, wildlife, and avian species within the footprint of the approximately two-mile-long and 300-foot-wide transmission line reroute corridor. Terrestrial species in and around the proposed transmission line corridor could include mountain lions, raccoons, turkeys, opossums, coyotes, tree and ground squirrels, rabbits, deer, skunks, ringtails, bears, and many species of birds native to the area, including 24 species protected under the Migratory Bird Treaty Act and the bald eagle protected under the Bald and Golden Eagle Protection Act. 17. Disturbances to terrestrial resources would occur primarily during vegetation clearing and grubbing activities; construction of work pads, crane pads, staging areas, and access roads within the right-of-way; tower installation; and wire tensioning activities. Land clearing and the construction of access roads and work areas have the potential to cause loss and destruction of wildlife habitat; introduce additional noise, vibration, and dust in the areas immediately surrounding the proposed work; and increase the potential for vehicle collisions and other human interactions with wildlife. Disturbance and removal of existing vegetation for any of the proposed construction activities also has the potential to create conditions conducive to the introduction and spread of invasive plant species. Once construction is complete, the permanent transmission line has the potential to increase avian collision and electrocution during flight and foraging if measures are not implemented to avoid or minimize these effects. Project No. 2100-180 - 8 - 18. 8 -18. While it is not possible to completely eliminate all direct and indirect effects on terrestrial resources, the EA includes staff recommendations to reduce these effects, which are incorporated as ordering paragraphs in this order. 19. To mitigate for the loss of vegetation, both as habitat for wildlife and as an aesthetic resource for recreation trails, and to reduce the spread and introduction of nonnative, invasive species, ordering paragraph (D) requires California DWR to develop a Revegetation Plan in consultation with the FWS and California Department of Fish and Wildlife to revegetate disturbed areas and return them to their pre-construction conditions. The plan should (1) identify areas disturbed during construction and classify whether these areas could be safely revegetated to simulate pre-construction conditions or would need to be maintained to ensure transmission line safety, with emphasis on areas that would be visible to the public when using project recreational facilities; (2) identify the native species to be planted in the revegetation areas and the methods used, including the type and schedule for assisting the plantings through watering, mulching, or other methods; (3) provide for post-planting monitoring and evaluation of the success of the plantings and presence of undesirable noxious and invasive weeds; (4) provide for the removal of invasive and noxious weeds, if discovered, and make follow-up plantings of native vegetation in those areas; and (5) establish an implementation schedule for these actions. 20. A previously--active bald eagle nest is located on PG&E land adjacent to the proposed transmission line reroute corridor but outside the current project boundary. Our order here incorporates the PG&E land into the project boundary as it is part of the primary transmission line corridor and is thus needed for project purposes. As discussed above and in the EA, the FWS issued a Bald Eagle Take Permit on February 17, 2017, for the proposed transmission line reroute. The permit requires California DWR to install flight diverters near the known nest and where the line crosses the waterway. The permit also requires California DWR to monitor the bald eagle nest for three years following emergency activities to determine the disturbance effect to the Glen Pond breeding territory. California DWR has stated that while the nest was previously active this year, the adults and young have left the area.14 California DWR also states that the area was evaluated for hazardous tree removal prior to transmission line construction and the nesting tree has been flagged as hazardous. California DWR is currently working with the FWS to obtain a second Take Permit to address future tree removal. 21. To further minimize the effects of transmission line construction and operation on avian species, FWS issued a permit under the Migratory Bird Treaty Act on June 8, 2017, that includes provisions for California DWR to live-trap and relocate specific avian nests, requirements to place young/eggs into foster nests or transport them to a licensed wildlife is See email records from the California DWR placed into the record by Commission staff memorandum on August 9, 2017, for Project No. 2100-180. Project No. 2100-180 - 9 - rehabilitator, and measures to prevent nest establishment during construction of the transmission line. 22. To provide further protection of avian species from temporary impacts during construction and from potential injury and mortality resulting from collisions with the erected permanent transmission line, staff recommends that California DWR review and incorporate additional protection measures into both the design of the transmission line and towers and their construction, such as those found in the guidelines produced by the FWS and the Avian Power Line Interaction Committee." Cultural Resources 23. The Area of Potential Effect (APE) is defined as the geographic area within which an undertaking may directly or indirectly cause alterations in the character or use of sites eligible for listing in the National Register.16 The APE for the overall emergency recovery and repair work at the Feather River Project is larger than, and encompasses, the APE for California DWR's proposal to reroute the 230-kV Oroville—Table Mountain . transmission line. The APE for the proposed transmission line reroute would be within a new permanent right-of-way located away from the spillway erosion influence zone. Construction of the project would require vegetation clearing of an approximate 2-mile- long, 300-foot-wide corridor (150 feet between the two lines and 75 feet on the two sides) under the majority of the new transmission lines' 2-mile length, measured from the Hyatt Pumping-Generating Plant to the tie-in point with the existing transmission line beyond the damaged spillways. The APE includes approximately 130.41 acres in total. California DWR, in light of the emergency nature of the work, is assuming that all cultural resources located within the 130.41-acre APE are eligible for listing in the National Register. 24. In addition to cultural resources identified during relicensing studies, the California DWR's June 19, 2017 filing includes a draft report addressing cultural �$ Suggested Practices for Avian Protection on Power Lines: The State of the Art in 2006, httpa/www.aplic.org/uploads/files/2613/SuagestedPractices2006(LR- 2watermark).pdf; Reducing Avian Collisions with Power Lines: State of the Art in 2012, http://www.aplic.org_/uploads/files/15518/Reducin¢ Avian ,Collisions 2012watermarkL R.pdf, and FWS, National Bald Eagle Management Guidelines (May 2007), https://www.fws.gov/southdakotafieldoffice/NationalBaIdEagleManagementGuidelineU df. 16 36 C.F.R. § 800.16(d) (2017). Project No. 2100-180 _ 10 - resources 10 -resources that could be affected by their proposed reroute of the Oroville-Table Mountain transmission line. Consulting archaeologists with the firm Stantec and tribal monitors from Enterprise Rancheria conducted a new survey between May 1 and 3, 2017, of approximately 24 acres of the proposed transmission line reroute corridor that had not been previously surveyed during the relicensing surveys or during surveys for the recently approved transmission line reroute by PG&E.17 Three new resources and one isolate were recorded. 25. California DWR also reviewed existing cultural resource documentation and determined that there are 14 previously recorded historic-era cultural resources within the project APE. Of those resources, 13 were identified within the APE prior to 2003. Additionally, PG&E recorded a linear cultural resource in 2017 within the APE, the Palermo Canal/P-04-001945. California DWR previously recorded a segment of this resource in 2011 during relicensing. 26. According to a 2011 report by California DWR, the 13 cultural resources within the APE have not been individually evaluated for the National Register, but have been evaluated and recommended as contributing elements to the proposed Forks of the Feather River Historic District. The historic district appears to be eligible for listing in the National Register under all four Criteria for Evaluation." To maintain consistency with California DWR's treatment of all resources within the corridor as eligible for the National Register for the purposes of section 106 compliance, the three newly recorded resources will be considered to be contributing elements to the proposed historic district. All of these resources are associated with gold mining, water management, transportation, and settlement activities occurring between the late nineteenth and early to middle twentieth century—all themes of the proposed historic district. However, the integrity of the individual resources varies. 27. For the proposed transmission line reroute, California DWR would conduct ground-disturbing activities at each of the transmission line tower sites, including vegetation removal, excavation, and filling and grading. These ground-disturbing activities would occur within the boundaries of five archeological sites that are contributing resources to the proposed Forks of the Feather River Historic District. These sites are CA-BUT-2152H (historic dirt road); CA-BUT-2226H (historic dirt road); CA- BUT-2380H (historic ditch); CA-BUT-1105H (historic placer mining and occupation complex); and ORO-3 (historic mining site with prospecting pits). California DWR made a finding of no adverse effect19 for the transmission line reroute because the 17 Cal. Dep't of Water Res., 160 FERC 162,118 (Aug. 2, 2017). is 36 CFR § 60.4. 19 This finding is consistent with 36 C.F.R. §§ 800.5(b), 800.13 (2017). See the Project No. 2100-180 undertaking would not alter the characteristics of the resources that qualify them as contributors to the historic district. 28. To ensure that there are no potential adverse effects to the five historic sites, California DWR proposes several mitigation measures during construction. These include implementing a monitoring and discovery plan; preparing detailed re-recording of site forms, including photographs, archival data, and feature drawings; conducting a post-- construction condition assessment of the sites; and implementing a data recovery plan 20 in the event that information-bearing deposits are identified by archaeological or tribal monitors. In a letter to the California DWR dated June 16, 2017, the California SHPO said that given these measures, they did not object to California DWR's finding of no adverse effect for the proposed transmission line reroute.21 The California SHPO also requested that should California DWR need to activate the data recovery plan, California DWR and the Commission should follow the notification timelines at section 800.13(b) of the implementing regulations.22 Recreation Resources 29. The proposed transmission line corridor is located within the Lake Oroville State Recreation Area, which includes the recreational facilities at the Thermalito Diversion Pool. Following the February 2017 incident, California DWR closed the Thermalito Diversion Pool and trails in the proposed response and recovery work area, including portions of the Brad Freeman and Dan Beebe Trails that parallel the shoreline of the diversion pool. The trail closures were implemented for public safety purposes due to active construction equipment in the area, and they will remain closed until all spillway repairs are complete. June 15, 2017 letter from the California DWR placed into the record by Commission staff memorandum on August 21, 2017, for Project No. 2100-180. The June 15, 2017 letter transmitted a confidential report in which California DWR made a preliminary finding of no adverse effect based on several proposed mitigation measures. The report is included in California DWR's document dated June 19, 2017 (filed June 20, 2017). This filing is privileged to protect information about the location of historic properties, as authorized by section 304 of the NHPA. See 36 C.F.R. § 800.11(c) (2017). 21136 C.F.R. § 800.13(a) (2017). 21.See the June 16, 2017 response from the California SHPO placed into the record by Commission staff memorandum on August 21, 2017, for Project No. 2100-180. 2z Id. § 800.13(b). Project No. 21.00-180 - 12 - 30. 2 -30. The proposed transmission line reroute corridor would cross recreational trails on the south side of the diversion pool at twelve new discrete locations—four on the Brad Freeman Trail, six on the Dan Beebe Trail, and two on a segment where both trails merge into the same footprint. Each crossing would be a singular bisection, and the proposed reroute does not run parallel to the trails for any extended length. Construction around the trails would include clearing and grubbing of the transmission line reroute corridor; the potential construction of laydown, staging areas, and access roads; and the placement of transmission line towers and. conductors. 31.. As indicated in the EA, the proposed construction work would not have a direct physical impact on the trails. The proposed construction work also would not extend the ongoing closure of the trails. Once the trails are re-opened to the public after California DWR completes its spillway repairs, the routes would return to their previous condition, with minimal effects to the aesthetic environment. Potential temporary effects include the loss of vegetation along the trail cleared for construction as well as temporary displacement of the wildlife and avian species that use the area. As recommended in the EA, this order requires that California DWR develop a Revegetation Plan, which would allow the licensee to review the effects that the transmission line construction work had on recreation resources and to return the recreation areas to pre-construction conditions, to the extent possible: Conclusion 32. Commission staff concludes that without the proposed transmission line reroute, the Oroville–Table Mountain transmission line could be made inoperable by continued use of the emergency spillway and would interfere with the imminent spillway reconstruction effort. The proposed transmission line reroute would ensure that the licensee can reliably transmit electricity from the Hyatt Pumping-Generating Plant. More reliable transmission would help to improve the near-term safety of the dam and downstream residents by maintaining electrical service to the spillway gates, valves, and turbines that together control the releases of river flows out of Lake Oroville. Based on the information, analysis, and evaluations contained in the EA, Commission staff concludes that approval of the proposed transmission line reroute, with the mitigation measures required by this order, would not constitute a major federal action significantly affecting the quality of the human environment. Therefore, the amendment application is granted, as conditioned herein. The Director orders: (A) The license for the Feather River Hydroelectric Project No. 2100 is amended as provided by this order. (B) Item (b) in ordering paragraph (2) of the license is revised to read as follows: Project No. 2100-180 - 13 - Principal 3 -Principal structures comprising: (1) Oroville dam, along with two small saddle dams, that impound Lake Oroville, a 3.5 million acre-feet capacity storage reservoir with a surface area of 15,810 acres at its normal maximum operating level of 900 feet mean sea level (msl). Oroville dam is 770 feet high from the base of the dam with a crest length of 6,920 feet. Bidwell Canyon Saddle dam is 47 feet high from the base of the dam with a crest length of 2,270 feet. Parish Camp Saddle dam is 27 feet high from the base of the dam with a crest length of 280 feet. (2) Hyatt pumping-generating plant with a capacity of 645 megawatts (MW). The underground plant has three conventional generating and three pumping-generating units that discharge through two tunnels to the Feather River just downstream of Oroville dam. (3) Thermalito diversion dam, which creates a tailwater pool for the Hyatt pumping-generating plant and is used to divert water to the Thermalito power canal. The Thermalito diversion dam is 143 feet high from the base of the dam with a crest length of 1,300 feet. The crest of the dam is at 233 feet msl. The diversion dam impounds the Thermalito diversion pool, which has storage capacity of 13,350 acre-feet with a maximum water surface area of 320 acres at the maximum water surface elevation of 225 feet msl. The 3-MW Thermalito diversion dam power plant is below the left abutment of the diversion dam. (4) The Thermalito power canal is a 10,000-foot-long channel designed to convey generating flows to the off-stream Thermalito forebay for use in the 114-MW Thermalito pumping-generating plant. The canal also conveys pump-back flows from the Thermalito forebay to the Thermalito diversion pool. Thermalito forebay dam, which is 91 feet high from with a crest length of 15,900 feet, impounds Thermalito forebay. At the maximum water surface elevation of 225 feet msl, the forebay stores 11,768 acre-feet and has a water surface area of 630 acres. (5)The Thermalito pumping-generating plant is designed to operate in tandem with the Hyatt pumping-generating plant. When in a generating mode, the Thermalito pumping-generating plant discharges into the Thermalito afterbay. The afterbay is impounded by a 39-foot-high earthfill dam that is 42,000-foot-long. Thermalito afterbay is used to release water back into the Feather River downstream of the Oroville Facilities. At the maximum water surface elevation of 136.5 feet msl, the Thermalito afterbay stores Project No. 2100-180 - 14 - 57,040 1457,040 acre-feet with a surface area of 4,300 acres. (6) Project includes the following transmission lines: (1) a 230-kilovolt (kV) line, about 10 miles long, from the Hyatt pumping-generating plant's switchyard to the Table Mountain switchyard, (2) a 230-kV line, about 2.3 miles long, from the Thermalito pumping-generating plant switchyard to the Table Mountain switchyard, (3) two 15-kV underground lines about 3.9-miles; one from the Hyatt pumping-generating switchyard to the Thermalito diversion dam switchyard, and one from the Thermalito diversion dam switchyard to the Feather River fish hatchery, and (4) appurtenant facilities. (C) Within 90 days of completion of construction of the project modifications authorized in this order, California Department of Water Resources must file for Commission approval, revised exhibits G and M to show and describe those project facilities as built. The revised Exhibit G drawings must include the entirety of the 230- kilovolt (kV) Oroville—Table Mountain transmission Iine and the 230-kV Thermalito pumping-generating plant transmission line within the project boundary, must.show the expanded project boundary, and must update the drawings to comply with sections 4.39 and 4.41(h) of the Commission's current regulations. (D) Within 90 days of the issuance date of this order, the California Department of Water Resources must file, for Commission approval, a Revegetation Plan. The Revegetation Plan must include, but not be limited to: (1) identification of areas disturbed during construction and classify whether these areas could be safely revegetated to simulate pre-construction conditions or would need to be maintained to ensure transmission line safety, with emphasis on areas that would be visible to the public when using project recreational facilities; (2) identification of the native species to be planted in the revegetation areas and the methods used, including the type and schedule for assisting the plantings through watering, mulching, or other methods; (3) a protocol for post-planting monitoring and evaluation of the success of the plantings and presence of undesirable noxious and invasive weeds; (4) a strategic plan to remove invasive and noxious weeds, if discovered, and make follow-up plantings of native vegetation in those areas; and (5) an implementation schedule for these actions. The licensee must develop the plan in consultation with the U.S. Fish and Wildlife Service and the California Department of Fish and Wildlife. When filing the plan, the licensee must include documentation of consultation, copies of agency comments and recommendations, and a description of how the agency comments are accommodated by the plan. The licensee must allow a minimum of 30 days for the agency to comment and Project No. 2100-180 - 15 - make 15 -make recommendations before filing the plan with the Commission. If the licensee does not adopt a recommendation, the filing must include the licensee's reasons, based on project-specific information. The Commission reserves the right to require changes to the Revegetation Plan if needed, based on resource agency comments or monitoring results. (E) To ensure the protection of the bald eagle and other avian species, the California Department of Water Resources must implement the provisions required by the U.S. Fish and Wildlife Service's Bald Eagle Take Permit and Migratory Bird Treaty Act Permit. (F) Within 15 days of the issuance date of the U.S. Fish and Wildlife Service's forthcoming Bald and Golden Eagle Protection Act Take Permit for the removal of the nesting tree (located near the siting of the new northernmost transmission towers on the south side of the Diversion Pool) as a hazard to the transmission line, the California Department of Water Resources must file a copy of the permit and any relevant consultation. The California Department of Water Resources must implement the provisions required by this permit. (G) This order constitutes final agency action. Any party may file a request for rehearing of this order within 30 days from the date of its issuance, as provided in section 313(a) of the Federal Power Act, 16 U.S.C. § 8251 (2012), and the Commission's regulations at 18 C.F.R. § 385.713 (2017). The filing of a request for rehearing does not operate as a stay of the effective date of this order, or of any other date specified in this order. The licensee's failure to file a request for rehearing shall constitute acceptance of this order. CarLisa Linton Acting Director Division of Hydropower Administration and Compliance