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Home My WebLink AboutFERC - Unanticipated Discovery and Determination of Eligibility-Project No. 2100-000 c L...1 ,yry � > (Y) LOn CO ZZ) U) Q)co o ' () < C) 0 z LLI r) < Cc — l7C 0 D D Q U) mcaN0 sv co �r 0 N C� d y � C a7 U. ce c FEDERAL ENERGY REGULATORY COMMISSION WASHINGTON,D.C.20426 OFFICE OF ENERGY PROJECTS Project No. 2100-000 —California Feather River Hydroelectric Project California Department of Water Resources August 8, 2018 Julianne Polanco State Historic Preservation Officer California Office of Historic Preservation 1725 23' Street, Suite 100 Sacramento, CA 95816 Subject: Unanticipated Discovery and Determination of Eligibility under Section 106 Dear Ms. Polanco: On May 11, 2018, California Department of Water Resources (California DWR) notified the Federal Energy Regulatory Commission (Commission) of an unanticipated cultural resource discovery at the Feather River Hydroelectric Project (FERC Project No. 2100). The resource was discovered on May 9, 2018 near Oroville Dam during construction efforts near the main spillway, and was described in more detail in an electronic message and report sent to your office on May 11, 2018. You also provided initial comments on the discovery in a May 14, 2018 letter to California DWR. The main spillway construction work is part of the repair and recovery work at Oroville Dam for facilities damaged during severe storms in February 2017. By a letter dated March 31, 2017, we designated California DWR as our non-federal representative for conducting consultation with your office for emergency activities associated with repairs to Oroville Dam and appurtenant facilities. On July 5, 2017, our offices executed a Programmatic Agreement (PA) for managing historic properties during the emergency and permanent recovery period at and near the Oroville Dam. Pursuant Stipulation IV of the PA, the Commission is responsible for making determinations of eligibility and California DWR is responsible for preparing technical documents. In addition, Stipulation VIII establishes a protocol for post-review discoveries and inadvertent effects. For the May 9, 2018 discovery, California DWR notified the Commission, your office, Advisory Council on Historic Preservation, and the Enterprise Rancheria of the Project No. 2100-000 -2- discovery. By letter dated May 14, 2018, your agency provided initial comments on the discovery (attached). Work was stopped following the discovery, but was resumed after it was characterized in the field. In consultation with the Enterprise Rancheria, the resource was collected by an archaeologist and tribal monitor and placed in a secure facility for future repatriation following the conclusion of construction. Based on a review of the resource, California DWR recommends that it not be eligible for listing in the National Register of Historic Places on the basis that: it is not associated with any events or persons; is not an exceptional or unique example of its type; and is a commonly found artifact. After reviewing the information contained in DWR's email from May 11, 2018, and the site record DWR provided for the artifact recovered in near the main spillway of the Oroville Dam, we agree with their determination that the cultural resource is not eligible for listing on the National Register of Historic Places. We ask that your office review the May 11, 2018 technical documentation developed by California DWR and submitted to your office, and let us know if you concur with this eligibility determination. The Commission strongly encourages electronic filing. Please file the requested information using the Commission's eFiling system at littp://www.ferc.gov/does- til.ing/etiling.asp. For assistance, please contact FERC Online Support at FERCOnlineSupport ri rc.gov, (866) 208-3676 (toll free), or(202) 502-8659 (TTY). In lieu of electronic filing, please send a paper copy to: Secretary, Federal Energy Regulatory Commission, 888 First Street NE, Washington, D.C. 20426. The first page of any filing related to this letter should include docket number P-2100-000. If you have any questions concerning this letter, please contact Kurt Powers at (202) 502-8949. Sincerely, Thomas J. LoVullo Chief, Aquatic Resources Branch Division of Hydropower Administration and Compliance Project No. 2100-000 -3- cc: Mr. Ted Craddock Project Manager California Department of Water Resources P.O. Box 942836 Sacramento, CA 94236-0001 Teri Toye Branch Director Environmental and Historic Preservation Branch Federal Emergency Management Agency 10000 Goethe Road Sacramento, CA 95827 State of California.Natural Resources Agency Edmund G.Brown Jr.,Governor f DEPARTMENT OF PARKS AND RECREATION Lisa Ann L.Mangat, Director OFFICE OF HISTORIC PRESERVATION Julianne Polanco,State Historic Preservation Officer 1725 23rd Street,Suite 100, Sacramento, CA 95816.7100 Telephone: (916)445-7000 FAX: (916)445-7053 calshpo.ohp@parks.ca.gov www.ohp.parks.ca.gov May 14, 2018 In reply refer to: FERC�2017_0424_001 VIA ELECTRONIC MAIL Ms. Jacqueline Wait Senior Environmental Planner California Department of Water Resources 3500 Industrial Blvd. West Sacramento, CA 95691 RE: Post Review Discovery Situation on the Oroville Spillway Emergency Project, Butte County, CA Dear Ms. Wait: The California State Historic Preservation Officer (SH PO) is in receipt of the email dated May 11, 2018 from the California Department of Water Resources (DWR) on behalf of the Federal Energy Regulatory Commission (FERC), continuing consultation pursuant to the Programmatic Agreement Between the Federal Energy Regulatory Commission and the State Historic Preservation Officer, Regarding the Emergency Recovery Activities Associated with the Oroville Dam at the Feather River Hydroelectric Project (FERC Project No. 2100-000) Butte County, California (PA). Pursuant to Stipulation VIII of the PA and 36 CFR §800.13(b), DWR is notifying the consulting parties to the PA of a Post Review Discovery on the above-referenced undertaking. According to the notification, an isolated bowl mortar was identified in rock fill material located on the east side of the gated flood control outlet (main) spillway of the Oroville Dam on May 09, 2018. The consulting archaeologist and tribal monitor determined that the artifact was out of its original context. Work was stopped following the discovery of the artifact by a construction contractor but was resumed after notes, digital photos and geospatial data were taken in the field. The artifact was collected and is currently in a locked container on-site. Per Stipulation VI ll, DWR is treating the artifact as eligible for the National Register of Historic Places (NRNP). However, DWR is also recommending that FERC make a determination that the isolated artifact is not eligible for the NRHP. DWR has proposed to resolve any effects by working with Enterprise Rancheria to select a location to rebury the artifact following the reconstruction of the spillway. The SHPO offers the following comments: Ms. Jacqueline Wait FERC_2017_0424_001 May 14, 2018 Page 2 • Please keep the SHPO informed of the outcome of DWR's consultation with Tribes and other consulting parties. 0 Please note that Stipulation Vlll of the PA requires that in event of a discovery "Qualified staff will ensure a buffer zone is established around the discovery sufficient to protect the resource and to allow for further evaluation". In this case, it appears that consulting parties were not contacted until after the discovery was recorded and moved from its location. Be advised that regardless of the type of discovery, DWR is responsible for ensuring that the procedures in the PA are followed. The SHPO would appreciate learning how DWR plans to ensure that there are no further lapses in the procedures laid out in the PA. 1 do not object to DWR's proposed measures to resolve any effects to this discovery, pursuant to Stipulation VI I I of the PA and 36 CFR § 800.13(b). If you require further information, please contact Kathleen Forrest of my staff at (916) 445-7022 or kathleen.forrest@parks.ca.gov or Koren Tippett of my staff at (916) 445- 7017 or koren.tippett@parks.ca.gov. Sincerely, Julianne Polanco State Historic Preservation Officer