Loading...
HomeMy WebLinkAboutFERC-3-3-09 1h 41114.114,11111s liffif till FEDERAL ENER(vrwv=wmmm-ry ri:vm ram unr WASHINGTON D.C. 20426 OFFICIAL BUSINESS PENALTY FOR PRIVATE USE $300 BUTTE, COUNTY OF BOARD OF SUPERVISORS 25 County Center Dr Oroville, CA 95965-3316 2 FEDERAL ENERGY REGULATORY COMMISSION HPMP also provides procedures for handling unantiei wASIRNGTON.D.C.20426 treatment of human remains and sacred objects—if th March 3,2°09 provides protocols for emergency undertakings,OFFICE OF ENERGY PROJECTS P P si Y gsbased appropriate review and revisions of the HPMF based Project No.2088-068-California period of a new license, South Feather Power Project 13QA13{J However,in our Draft Environmental Impact 5 South Feather Water and Power Agency OF�c�rir�E` Feather Power Project,issued in November 2008,we be augmented with four additional management measi Mitford Wayne Donaldson,SHPO Lorie James,Tribal Chairmanadverse effects on specific historic properties would b Office of Historic Preservation Greenville Rancheria �� Z � terns of a new license. These four management meast 1416 91h Street,Room 1442-7 P,O.Box 279,410 Main StreetQRQvj�L HPMP are: (1)a report on archeological surveys in th Sacramento,CA 95814 Greenville,CA 95947 P CALIFOnNA the project's area of potential effects;(2)National Ref sites that have been or are being adversely affected by Michael Glaze,General Manager John Fowler,Executive Director the 10 archeological sites Iocated at Little Grass Valle. South Feather Water and Power Agency Advisory Council on Historic Preservation discovered during survey of the stream reaches;(3)a 1 F.O.Box 581 1100 Penn.Ave.,NW,Suite 809 features that may become eligible for listing on the No Oroville,CA 95965-0581 Washington,DC 20004 any new license issued for the project;'and(4)a more dam,including a description of the activities that led v Harvey Angle,Chairman James Pella,Forest Supervisor Buildings Survey/Historic American Engineering Rea Enterprise Rancheria Plumas National Forest consultation/concurrence regarding the structure's can 1940 Feather River Blvd.,Ste B P.O.Box 11500 Oroville,CA 95965 Quincy,CA 95971-6025 On January 6,2009,we received comments froi Mike Pool,State Director Patse Seek,Chairperson that we reconsider two of our four management measu YHPMP(See points I and B under the heading,the Com Bureau of Land Management Konkow Valley Band of Maidu Cultural Resources Management Measure in letter fror California State Office 1706 Sweem Street 2009). 2800 Cottage Way,Suite W-1834 Oroville,CA 95965 Sacramento,CA 95825 Regarding South Feather's first point,they essei J RE:Draft Programmatic Agreement for the South Feather Power Project management measure on conducting a report on archec g g stream reaches. However,they contend that we should would exclude those areas"in the reaches that are too di Dear Addressee: steep terrain, They further note that much of the land v inaccessible for pedestrian survey, Thus,South Feathe Enclosed is the draft Programmatic Agreement and associated historic properties management plan(HPMP),dated March 2007,for the South Feather Power Pro ect, particular management measure to omit archeological s g P �' ) J reaches that can be safely accessed and surveyed,and u operated by the South Feather Water and Power Agency. The project is located in Butte, likelihood that archeological sites will be present. Yuba,and Plumas counties,California,and includes federal lands managed by the Forest Service and Bureau of Land Management. We don't disagree with any of South Feather's c management measure. However,it is not necessary to i Overall,the HPMP adequately identifies the area of potential effects,identifies existing project-related effects that could occur on historic properties,and provides excluding difficult or inaccessiblenfrom an areae general management measures to resolve adverse effects to historic properties. The measures,is justifiable in all cases,,andd is standard gree inventories. In fact,where archeological surveys were 4 V V � A-^ op (o. COZA � Pas MAR Z 2u1�9 • t 1 t ! 3 4 APE,other such areas were excluded. As noted by South Feather,such areas may also built throughout the United States,and world;how( have corresponding low probabilities of containing archeological sites,and the APE can one of original dams conceived by the famous dgsii be stratified and sampled accordingly. Such sampling techniques are also well- established among practicing archeological professionals in the state of California and South Feather also considers that the lntegrit can be applied in inv.- king the six bypass reaches. Nevertheless,prior to any planned significantly compromised due to repairs to dam in archeological survey' �e expect that South Feather will ensure that adequate note that the downstream face of the dam was resuri consultation be donee. yalifamia SHPO and the other involved parties prior to changed the exterior appearance of the dam. In the conducting such survey , -fiat the APE will be adequately inventoried. the crest of the dam was removed and replaced,and burned down and was replaced later that year. Regarding South Feather's second point,they contend that our fourth management measure,requiring them to do a reassessment of the National Register eligibility of the South Feather also indicates that in the 1960' Lost Creek dam,is in error,because we incorrectly concluded that systematic Lost Creek Reservoir to the Woadleaf Powerhouse. architectural documentation had previously been done on the Lost Creek dam. Based on to the diversion of water for hydroelectricity;the irri this error,South Feather concludes that there is no reason for them to do a reassessment Ditch were discontinued. In 1997,a geomembrane i on the dam,since they already evaluated the dam during relicensing studies and dam to stabilize the concrete. determined it to be ineligible for the National Register. Even though some aspects of the dam's appet We acknowledge this error on our part,and agree that there has been no previous altered--of which the downstream surface was repair systematic architectural documentation on the Lost Creek dam. We have revised the dam's period of significance--we do not agree that tri fow'Eh management measure,accordingly. However,we are not in agreement with South been compromised enough to render it ineligible for Feather's assessment that the Lost Creek dam is not eligible for inclusion in the National argue that there are other historic dams in California Register,under criteria A and C,pursuant to 36 CFR Part 63. On the contrary,under alterations,but still have enough integrity to be deter criterion A,where such structures as the Lost Creek dam are evaluated for National Register. Overall,the wide-sweeping arch and shape Register eligibility due to their association with events that have made a significant construction,and it's overall setting in a steep mount contribution of the broad patterns of our history,Lost Creek dam may have significance and remains relatively unchanged for over eighty yea under this criterion. Indeed,the Lost Creek dam(built in 1924)can easily be put into the contexts of the early 20.century development of irrigation and hydroelectric power Thus,we conclude that there is enough justifis (period of significance, 1920s-1930s)in the California Sierras that was critical for the the National Register eligibility of the Lost Creek dal development of agriculture,major cities and towns,and the economy of California as a fourth management measure that should be added to 1 whole for this period. We intend to implement the PA with the assoc Under criterion C,where such structures as the Lost Creek dam are evaluated for license for the project. However,we have added an a their eligibility in regard to their embodiment of distinctive characteristics of a type, where the licensee will be required to complete the fo period,or method of construction,this dam may also have significance under this within six months after license issuance,and submit 0 criterion. As South Feather has stated in their assessment of this structure,they acknowledge that this particular dam was designed by a noted designer,Laris Jorgensen, Please review the enclosed draft PA and HPMI who in turn was the inventor of the constant angle arch dam--which the Lost Creek dam within 30 days from the date of this letter. is a an example. Although South Feather surmises that there are better and earlier examples of the Jorgensen dam in other states,the Lost Creek dam in the State of At this time,we are also asking the Advisory C California cannot simply be excluded from the National Register for such reasons. In whether they choose to participate in consultation inv( fact,there are only a relatively small number of these dams designed by Jorgensen. After the initial success of the constant angle arch dam,many other post-Jorgensen dams where 5 Please send your comments to: PROGRAMMATIC AGRI AMONG Kimberly D.Bose,Secretary THE FEDERAL ENERGY REGULAT Federal Energy Regulatory Commission THE ADVISORY COUNCIL ON HISTO 888 First Street,NE Washington,D.C. 20426 AND THE CALIFORNIA STATE HISTORIC PRES If you have any questions,please contact Dr.Frank Winchell at(202)502-6104. FOR MANAGING HISTORIC PROPERTIES TB Sincerely, BY ISSUING A LICENSE' t • .I SOUTH FEATHER WATER AND P FOR THE OPERATION( !y SOUTH FEATHER POWER Timothy J.Welch,Chief IN BUTTE,YUBA,AND PLUMAS COU] Hydro West Branch 2 (NERC No.2088-065 .Enclosures: Draft PA and HPMP WHEREAS,the Federal Energy Regulatory Commissi "Commission")proposes to issue a new license to tl Agency(hereinafter,"Licensee")for the continued c cc: letter and draft PA. Power Project(hereinafter,"Project")as authorized John Eddins Act,16 U.S.C.Sections 791(a)through 825(r)as an Office of Planning and Review Advisory Council on Historic Preservation WHEREAS,The Commission has determined that issu 1100 Penn.Ave.,NW,Suite 809 properties included in or eligible for inclusion in the Washington,DC 20004 Places(hereinafter,"historic properties");and Dwight Dutscheke WHEREAS,section 3.3.6 Cultural Resources in the ass Department of Parks and Recreation Impact Statement,South Feather Power Project,FE. acr 9th Street,Room 1442 Sacramento,CA 95814 California,dated November 2008,and the associates FERC Project No.2088,License Application,Projec Management Plan(HPMP),dated March 2007,prov Public Files area of potential effects,historic properties,and antic Mailing List date of this Programmatic Agreement;and WHEREAS,the U.S.D.A.Forest Service,Plumas Natio National Forest")and the U.S.Bureau of Land Manan manage lands within the Project,and have responsibi Programmatic Agreement 2 Programmatic Agreement Project No.2088-68 Project No.2088-68 California California under the Archeological Resources Protection Act(16 U.S.C.470aa to 47011; S T I P U L A T I C hereinafter,"ARPA")to the Licensee for archeological work on their lands; The Commission will ensure that upon the issuance c Project,the Licensee implement the following stipule WHEREAS,the Commission has consulted with the Advisory Council on Historic the Licensee will similarly apply to any and all of the Preservation(hereinafter,"Council"),and the California Historic Preservation Officer with any of the following stipulations does not reliev (hereinafter,"SHPO")pursuant to 36 C.F.R.Section 800.14(b)of the Council's obligations they have under the Federal Power Act,d regulations(36 C.F.R.Part 800),implementing Section 106 of the National historic license. Preservation Act(16 U.S.C.470f;hereinafter,"Section 106");and I. FINAL HISTORIC PROPERTIES MANAGE. WHEREAS,the Licensee has participated in the consultation and has been invited to concur in this Programmatic Agreement;and A. Upon issuing a license for this Project,the Lic final Historic Properties Management Plan(he WHEREAS,the Plumas National Forest and Bureau have agreed to participate in the Section 106 consultation regarding the Project under the terms of this Programmatic B. The Licensee will,within 30 days"of every am Agreement,and have been invited to concur in the Programmatic Agreement;and license,file a report with the SHPO,Plumas N Rancherias and Band of activities conducted u WHEREAS,the Project may affect lands important to the Enterprise Rancheria, report will contain a detailed summary of any c Greenville Rancheria,and the Konkow Band of Maidu(hereinafter,"Rancherias and during the preceding year;if no work was com Band"),and the Rancherias and Band have participated in the consultation and have will be prepared to that effect,and will satisfy been invited to concur in this Programmatic Agreement;and II. DISPUTE RESOLUTION WHEREAS,the Commission will require the Licensee to implement the provisions of this Programmalic Agreement as a condition of issuing a new license for the Project; A. If at any time during implementation of this Pn resulting final HPMP,the SHPO,Plumas]Vatic NOW THEREFORE,the Commission,the Council,and the SHPO agree that the Band,or the Council object to any action or an Project will be administered in accordance with the following stipulations in order to Programmatic Agreement or the final HPMP,t satisfy the Commission's Section 106 responsibilities during the term of the Project's the Commission. license. 1. The Commission will consult with the objet appropriate,to resolve the objection. The C such consultation to remove any of the Con B. If the Commission determines that the objectioi Commission will forward all documentation rel Programmatic Agreement 4 Programmatic Agreement Project No.2088-68 Project No.2088-68 California California and request that the Council comment. Within 30 days after receiving all pertinent Execution of this Programmatic Agreement evidences documentation,the Council will either: its responsibilities pursuant to Section 106 of the Nati amended,for all individual actions carried out under t 1. Provide the Commission with recommendations,which the Commission will unless and until the Commission issues the license for take into account in reaching a final decision regarding the dispute;or Agreement is incorporated by reference therein,this P independent legal effect for any specific license applic 2. Notify the Commission that it will comment pursuant to 36 G.F.R.Section 800.7(c)(1)through(c)(3)and Section I10(a)(1)of the National Historic Preservation Act,and proceed to comment. C. The Commission will take into account any Council comment provided in response to such a request,with reference to the subject of the dispute,and will issue a decision on the matter. The Commission's responsibility to carry out all actions under this Programmatic Agreement that are not the subject of dispute will remain unchanged. I1I. AMENDMENT AND TERMINATION OF THIS PROGRAMMATIC AGREEMENT A. The Commission,Licensee,Plumas National Forest,Bureau,Rancherias and Band,or the Council may request that this Programmatic Agreement be amended, whereupon these parties will consult in accordance with 36 C.F.R.Section 800.14(b)to consider such amendment. B. The Commission,SHPO,or the Council may terminate this Programmatic Agreement by providing 30 days written notice to the other parties,provided that the Commission,Licensee SHP0,Plumas National Forest,Bureau,Rancherias and Band,and the Council consult during the 30-day notice period in order to seek agreement on amendments or other actions that would avoid termination. In the event of termination,the Commission will comply with 36 C.F.R.Sections 800.3 through 800.7(c)(3),with regard to individual actions covered by this Programmatic Agreement. Programmatic Agreement 6 Programmatic Agreement Project No.2088-68 Project No.2088-68 California California FEDERAL ENERGY REGULATORY COMMISSION CALIFORNIA STATE HISTORIC PRESERVA By: Date; By: Date: Ann F.Miles Milford Wayne Donaldson Director,Division of Hydropower Licensing California State Historic Preservation Officer Programmatic Agreement g Programmatic Agreement Project No.2088-68 Project No.2088-68 California California ADVISORY COUNCIL ON HISTORIC PRESERVATION CONCUR: SOUTH FEATHER WATER AND PC By: Date: By: Date: John M.Fowler Michael Glaze Executive Director General Manager Programmatic Agreement to Programmatic Agreement Project No.2088-68 Project No.2088-68 California California CONCUR: USDA FOREST SERVICE PLUMAS NATIONAL FOREST CONCUR: US BUREAU OF LAND MANAGE& OFFICE By: Date: James Petia By: Date: Forest Supervisor Mike Pool State Director Programmatic Agreement 12 Programmatic Agreement Project No.2088-68 Project No.2088-68 California California CONCUR: EN'T'ERPRISE RANCHERIA CONCUR: GREENVILLE RANCHERIA By: Date: By: Date: Harvey Angle Lori dames Chairman Chairman Programmatic Agreement i4 Attachment 1 to: Project No.2088-68 California PROGRAMMATICAGREEMENT AMONG T. REGUL A TOR Y COMMISSION A D VISOR Y C CONCUR: KONKOW VALLEY SAND OF MA1DU PRESERVATIONAND THE CALIFORNIA S7 PR ESERVATION OFFICEFOR MANAGING i MAYBEAFFECTED BYISSUINGA LICENSJ WATER AND POWER AGENCY FOR THE C By: Date: THE SOUTHFEATHERPOWERPROJECT II Patsy Seek COUNTIES,CALIFORNIA(FERCNo.2088--06, Chairperson ADDITIONAL FOUR MANAGEMENT MEASI HISTORIC PROPERTIES MANAGEMENT PL Within six months of the issuance date of a licen: consultation with the appropriate involved parties following four management measures: • A report on archeological surveys in the six pi project's area of potential effects. • National Register evaluations on archeologica adversely affected by project-related erosion,+ located at the Little Grass Valley Reservoir,bi survey of the stream reaches. A provision for evaluation of project features I on the National Register during the term of an; • A reassessment of whether the Lost Creek dan National Register of Historic Places. Programmatic Agreement 6 Programmatic Agreement Project No.2088-68 Project No.2088.68 California California FEDERAL ENERGY REGULATORY COMMISSION CALIFORNIA STATE HISTORIC PRESERVAT By: Date: By: Date Ann F.Miles Milford Wayne Donaldson Director,Division of Hydropower Licensing California State Historic Preservation Officer Programmatic Agreement 8 Programmatic Agreement Project No.2088-68 Project No.2088-68 California California ADVISORY COUNCIL ON HISTORIC PRESERVATION CONCUR: SOUTH FEATHER WATER AND I By: Date: By: Date; John M.Fowler Michael Glaze Executive Director General Manager Programmatic Agreement 10 Programmatic Agreement Project No.2088-68 Project No.2088-68 California California CONCUR: USDA FOREST SERVICE PLUMAS NATIONAL FOREST CONCUR: US BUREAU OF LAND MANAGEM] OFFICE By: Date: James Pena By: Date: Forest Supervisor Mike Pool State Director Programmatic Agreement 12 Programmatic Agreement Project No.2088-68 Project No.2088-68 California California CONCUR: ENTERPRISE RANCHERIA CONCUR: GREENVILLE RANCHERIA By: Date: By: Date Harvey Angle Lori]acnes Chairman Chairman Programmatic Agreement 14 Project No.2088-68 California CONCUR: KONKOW VALLEY.BAND OF MAIDU By: Date: Patsy Seek Chairperson