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HomeMy WebLinkAboutFERC - Order Amending Recreation Plan - Project No. 2100-183 Z Chi wq M 0 cp tO 4,77 ti) (it a77 04 p � � > r— OMZ 0 0 > 0—n C.0 "10 Cl) CD () x0Z CQ erg 0 C7 0 0 160 FERC It 62,226 UNITED STATES OF AMERICA FEDERAL ENERGY REGULATORY COMMISSION California Department of Water Resources Project No. 2100-183 ORDER AMENDING RECREATION PLAN (Issued September l3,2017) 1. On August 3,2017,the California Department of Water Resources(licensee or DWR)filed a request to amend the recreation plan'for the Feather River Hydroelectric Project No.2100. The licensee is requesting an amendment to implement recreation improvements to existing project r'ecr'eation facilities that will offset the temporary closure of other project recreation facilities near the project's damaged Lake Oroville spillways. The project is located on the Feather River in Butte County,California. I. Licensee's Proposal 2. The licensee filed a similar request on June I,2017,to implement recreation improvements proposed under the relicensing proceeding for the project,and Commission staff amended the recreation plan accordingly in an order dated July 12, 2017.1 The licensee is now implementing the improvements approved in that order,and after further evaluation,the licensee has identified additional near-term improvements that could be implemented to further expand recreational opportunities at the project. The licensee currently proposes to amend the existing project recreation plan to: (t)expand and pave the Stage 2 parking lot'and add one or two lanes to the existing Stage 2 boat ramp at the Bidwell Canyon Recreation Area;and(2)add a new Stage 2 parking lot and boat ramp at the Loafer Creek Recreation Area. The improvement work at Bidwell Canyon is part of the Settlement Agreement executed among 51 signatories as I See Cal.Dep't of Water Res.,68 FERC'{61,358(Sept.22, 1.994)(Order on Revised Recreation Plan);Cal.Dept of Water Res., 124 FERC 162,182(Sept. l0,2008) (Order Approving Amendment to Recreation Plan);Cal.Dep'1 of Water Res., 160 FERC y(62,021 (July 12,2017)(Order Amending Recreation Plan). '- See Cal. Dept of Water Res., 160 FERC 1162,02 1. 'Stage 2 parking and boat launch facilities and are identified as such because they are the second set of facilities to come available as the lake level drops. Project No.2100-183 _ part of the on-going relicensing processa,and is included in the Recreation Management Plan prepared in 2006 for relicensing.' The improvement work at Loafer Creek has not been previously considered. The licensee proposes to begin implementing these recreation improvements as soon as is feasible in order to help offset lower recreational capacity resulting from the temporary closures of the Lake Oroville spillway recreation facilities and the Thermalito Diversion Pool during DWR's emergency response and recovery activities.6 These improvements would remain in place after the reopening of the spillway facilities,which will result in a net increase in parking and boat launching capacity at Lake Oroville. 3. California Governor Edmund G.Brown,Jr.signed Executive Order B-39-17 on April 6,2017,7 which suspended the California Environmental Quality Act for actions necessary to expedite response and recovery of the gated spillway at the Oroville Dam, including the restoration of impacts to fish and wildlife resources,or related facilities. It also directed the DWR to develop plans for additional access points to Lake Oroville for recreational use and to work to obtain necessary approvals to implement those plans expeditiously. The actions proposed in the licensee's application are consistent with this executive order. DWR discussed the proposed recreation improvements with the Oroville Recreation Advisory Committee at its June 23,2017 meeting,as well as in follow-up discussions. Some members of the committee have expressed a desire for additional recreation projects,but the committee supports the construction of the facilities proposed in this request. A. Bidwell Canyon Complex 4. The Bidwell Canyon Complex is one of the major attractions at the Oroville facilities. According to the licensee's filing,the complex includes a severs-lane boat ramp,a full-service marina with parking,a day-use area with picnic facilities,75 tent or RV campsites,279 paved vehicle/trailer parking spaces,and an unpaved parking area for approximately 30 vehicles/trailers near the boat ramp. The licensee proposes to expand and pave the existing Stage 2 gravel parking lot to create up to 80 paved vehicleltrailer parking spaces. Under this proposal,the licensee will add a fourth launch lane and a boat s See Settlement Agreement filed March 24,2006,under Project No.2100-052. DWR March 28,2006 Settlement Agreement Recreation Management Plan (filed in Project No.2100-052). e DWR estimates that these areas will be closed for at least two years since they are located within the construction zone for the response and recovery project for the Lake Oroville spillways. 7 See haps://u-w197�1d, Project No.2100-183 -3- dock lane between elevations 745 and 700 feet above mean sea level(msl). If technically feasible,the licensee will add a fifth lane at the same elevations. S. Loafer Creek Recreation Area 5. The Loafer Creek Recreation Area includes an eight-lane boat ramp,a day-use area,picnic facilities,a swim beach,and a camping area for tents,RVs,groups,and equestrians. The licensee proposes to construct a paved access road north of the existing day use area and a Stage 2 parking lot and boat ramp facility. The approximately 0.75- mile-long access road would start behind the day use area restroom facility and drop below the ordinary high water level to approximately 810 feet msl to a paved parking lot for up to 200 vehiclesitrailers(approximately three acres). The licensee would construct a new boat ramp with up to eight lanes at approximately 810 feet ms]and 640 feet msl,to the extent technically feasible. 6. According to the filing,the proposed improvements at both recreation areas will require clearing,grading,graveling,paving,and installing new informational signs. The proposed parking lots and boat ramps would be located at elevations currently under water,so construction will begin when the lake level drops to an appropriate level,which will likely be between September and December 2017. Also,the licensee states that cultural resource surveys,coordination with the local Native American tribes, engineering studies,surveys for special-status species,and Clean Water Act Section 401 and 404 permits are required prior to beginning construction of these facilities. 11. Environmental Analysis 7. Commission staff issued a Fina]Environmental impact Statement(FEIS)on May 18,2007,8 for the relicensing of the Feather River Project. The FEIS included an analysis of the potential effects of the recreation-related actions proposed in the 2006 Recreation Management Plan.' Commission staff concluded that studies submitted by DWR indicated a need to replace or upgrade existing recreational facilities and to construct additional facilities." Commission staff also found that the proposed recreational improvement measures would be beneficial to the recreating public since they would"reduce identified environmental and health and safety concerns,improve access to project waters,and...respond to the need for additional day and overnight s The FEIS was issued under Project No.2100-052. 9 FEIS at 201-280(Section 3.3.6 Recreational Resources). 10 Id.at 235. Project No.2100-183 -4- developed 4-developed capacity."" This finding is also applicable to the proposed improvements at Loafer Creek,as these improvements are similar to those that the licensee proposed in the 2006 Recreation Management Plat'. The only unavoidable adverse effect identified in the FEIS with respect to the new and/or expanded recreation facilities was the temporary decrease in recreation capacity at the project during recreational facility reconstruction, potentially inconveniencing visitors." 8. All of the proposed improvements will involve some closure of areas during construction,resulting in short-term effects on recreation. The construction(i.e., clearing,grading,graveling,paving),operation,and maintenance of these recreation improvements would result in some ground disturbance and physical modification of the reservoir shoreline,which could result in localized increases in erosion. These effects to construction areas outside the expanded parking area would be short-term,and the implementation of short-and long-term erosion control measures will reduce potential erosion and sedimentation of the reservoir. Almost all of the affected areas are located below the ordinary high water mark,and thus are devoid of vegetation. Only the upper half of the proposed access road to the Loafer Creek Stage 2 parking lot would be located above the ordinary high water mark,and its construction requires some vegetation removal. In this area,vegetation consists of blue oak woodland and mixed oak woodlandlchaparral plant communities. 9, Cultural resources are known to occur in the vicinity of some of the proposed recreation improvements. Ground-disturbing activities have the potential to affect those cultural resources. DWR is currently in the process of reviewing records and performing site visits to better determine any potential effects to cultural resources. DWR states that it will follow the protocols set forth in the Historic Properties Management Plan filed on January 17,2008,to minimize those potential effects.13 The specific protocols from the plan that DWR will follow during the planning and construction phases of the proposed recreation access improvements are as follows:"' If it is determined that historic or cultural resource sites are within a proposed project site,DWR will avoid the site or evaluate and consult on project impacts. The preferred action would be to avoid potential impacts tt Id.at 247. Id at 374-382. 13 The Historic Properties Management Plan was filed tinder Project No.2100-152, 14 DWR provided this information in an email to Commission staff that was filed in the record on June 29,2017,under Project No.2100-000. Project No.2100-183 -5- to 5to sites by re-designing or moving the project location as necessary,if feasible. If project changes are not feasible and potential impacts to sites cannot be avoided,formal evaluation would be conducted to determine if the resource is eligible to the NRHP[National Register of Historic Places] or the[California Register of Historic Places]. For resources determined to be eligible,measures to reduce the adverse effects of the proposed project would be developed. Consultation in these situations would include DWR,[California Department of Parks and Recreation],FERC,SHPO[State Historic Preservation Officer],and Tribal representatives. If the proposed action could adversely affect historic properties,a site-specific treatment plan intended to resolve those effects will be developed by DWR and submitted to appropriate agencies for review and comment. If the proposed action could affect a Traditional Cultural Property or an NRHP-eligible archaeological site containing prehistoric materials,DWR will also submit the treatment plan to the Tribes. Following the comment period,DWR will submit the site-specific treatment plan to the SHPO,along with comments received from the interested parties,for review and comment. If undocumented archaeological resources are discovered at the proposed construction sites,DWR will ensure that the find is adequately documented, mapped,and incorporated into the cultural resources database for the project. Appropriate management actions,if any,will be determined by DWR at this time in consultation with appropriate parties. If the discovery involves an archaeological resource that is at risk of imminent damage through construction-related activities,potentially destructive work will be halted. DWR will ensure that an evaluation of a prehistoric discovery is made by a qualified archaeologist. Consultation with appropriate agencies and Tribes will be conducted in relation to resource evaluations and management actions,as necessary. Potentially destructive construction work will resume only after authorization by DWR. In the event that human remains are identified in non-archaeological contexts within the project area,applicable State and federal laws will be followed. 10. The Fish and Wildlife Service issued a Biological Opinion on April 9,2007,that addressed the effects of issuing a new license for the Feather River Project on several federally-listed threatened and endangered species.` The Biological Opinion states that 15 The Biologica[Opinion was filed with the Commission on April 16,2007, Project No.2100-183 -6- the 6-the proposed project is not located within critical habitat for any federally-listed species under the jurisdiction of the Fish and Wildlife Service. 11. The bald eagle,valley elderberry longhorn beetle,and Layne's ragwort are the only federally-listed and special-status species that could occur in the locations of the proposed recreation improvements. The licensee states that surveys for special-status and federally-listed species have been recently completed in the areas proposed for this recreation-related construction,and that no species or critical habitat were observed, including elderberry shrubs. However,if elderberry shrubs are found in the vicinity of the proposed Loafer Creek access road improvement area,then DWR will implement the proposed conservation measures described in the Biological Opinion to eliminate or minimize the potential effects from implementing this proposed recreation improvement. 12. DWR will implement short-and long-term erosion control measures(permanent hardscape or vegetative ground cover)to reduce the potential effects of sedimentation that could result from ground disturbance associated with the construction of these recreation improvements. In order to minimize effects on cultural resources,DWR will follow the protocols set forth in the Historic Properties Management Plan,as discussed above. DWR will implement measures to minimize the proliferation of invasive plant species by revegetating disturbed areas with native species where necessary,performing follow-on monitoring to promote the growth of newly established native plant species, and monitoring for and eradicating invasive plants. Finally,DWR will schedule construction activities and temporary closures of recreation areas,to the extent possible, to minimize effects on recreational access. ICI. Discussion 13. The proposed additional parking capacity and boat launches would allow greater access to Lake Oroville for public boaters and would therefore provide a substantial benefit to the public's recreational use of project lands and waters. The proposed improvements are consistent with the existing project recreational use in the area and would not have significant environmental effects. Staff analysis of recreation improvements For the relicensing of the Feather River Project found that additional facilities were warranted at the project to meet recreational demand.16 Allowing for the implementation of the additional facilities and improvements will also mitigate for the closure of recreation facilities in the vicinity of the damaged Lake Oroviile spillways. However,approval of these improvements does not in any way prejudice or pre- under Project No.2100-000. 16 The FEIS noted that summer boaters are frequently unable to access the reservoir due to low water levels or lack of parking,or both. FEIS at 228-229. Project No.2100-183 7 determine any decision or requirement that may become part of the license. Based on our review of the application,the proposed amendment to the project's recreation plan should be approved. 14. The licensee must complete all studies and coordination,and obtain all the necessary federal,state,and local permits prior to the commencement of any ground- disturbing activity relating to these improvements. The licensee must also adhere to the measures identified in their application,as discussed above,to reduce the impacts of the closure of recreation facilities,erosion,and invasive plant species,and to avoid the potential impacts to cultural resources and endangered species. The licensee is also reminded that the proposed facilities must not endanger health,create a nuisance,or otherwise be incompatible with the overall project purposes. The licensee must also ensure that the construction,operation,and maintenance of the proposed facilities wilt occur in a manner that will protect the scenic,recreational,and environmental values of the project. 15. Ordering paragraph(B)requires the licensee to file documentation of completion of construction of the recreation site improvements included in the amended plan, including the location,layout,and number of parking spaces or boat ramps. The licensee included the specific changes to the numbers and text of the existing recreation plan in Appendix B of the August 3,2017 filing, However,because the number of parking spaces and boat ramps may change somewhat due to final designs and site conditions encountered during construction,we will require the licensee to re-file these specific, detailed changes to the recreation plan with the documentation of completion of construction. The Director orders: (A) The application for an amendment to the recreation plan for the Feather River Hydroelectric Project(FERC No.2100),filed on August 3,2017,by the California Department of Water Resources,is approved. The measures proposed by the licensee as part of this application to protect environmental resources,including cultural resources and endangered species,are also approved and must be implemented to protect project resources. (B) Within 90 days of completing construction of the approved recreation site improvements,California Department of Water ReSOLIMCS must file with the Commission a report documenting the completed recreation site improvements approved in this order. The documentation must include the specific revisions to the recreation plan reflecting the actual number of parking spaces and boat ramps at the specific sites at the project. The documentation may include photographs,aerial photographs,as-built drawings,concept drawings that reflect the as-built condition,or other methods that Project No.2100-183 8- clearly -clearly demonstrate that the recreation sites improvements have been constructed in substantial conformity as approved. (C) 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.§825!(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. Robert J.Fletcher Land Resources Branch Division of Hydropower Administration and Compliance