HomeMy WebLinkAboutLetter from PG&E regarding the Battle Creek Hydroelectric Project, Phase 2 Consultation on Draft Application for Amendment of LicensePacific Gas and
r Electric Company
July 25, 2014
BUTTE COUNT'
ADMINISTRATION
UL 2 8 2014.
OR.OVIL.LE, CALIFORNIA
Power Generation
245 Market Street
San Francisco, CA 94105
Mailing Address
Mail Code N13E
P.O. Box 770000
San Francisco, CA 94177
RE: Battle Creek Hydroelectric Project (FERC No. 1121), Phase 2 Consultation
on Draft Application for Amendment of License
Dear Interested Parties:
Pacific Gas and Electric Company (Licensee) is forwarding the enclosed CD of a Draft
Application for Amendment of License (Application) for the Battle Creek Hydroelectric
Project (Hydroelectric Project) (FERC No. 1121), Phase 2, for your review. In October,
the Application will be submitted to the Federal Energy Regulatory Commission (FERC)
to support the Battle Creek Salmon and Steelhead Restoration Project (Restoration
Project).
You are receiving this CD because you are on the U.S. Department of the Interior,
Bureau of Reclamation's (Reclamation's) mailing list for the Restoration Project or the
FERC service list for the Hydroelectric Project. Consistent with the alternative
amendment procedures for this project, we are consulting with interested parties prior to
filing the final Application with FERC. If you have any comments on this draft Application,
please submit them to the Licensee no later than Wednesday. September 24, 2014.
Background
The Restoration Project is a collaborative effort between the Licensee and Reclamation;
the U.S. Fish and Wildlife Service (USFWS); the National Oceanic and Atmospheric
Administration, National Marine Fisheries Service (NMFS); and the California
Department of Fish and Wildlife (CDFW). The goal of the Restoration Project is to
restore habitat for Chinook salmon and steelhead in Battle Creek and some of its
tributaries. Restoration is being accomplished in phases (Phases 1A, 1 B, and 2),
primarily through modification of the Hydroelectric Project facilities and operations,
including increasing instream flow releases. Information about the Restoration Project
can be found at: http://www.usbr.gov/mp/battlecreek/.
The enclosed Application is for implementation of Phase 2 of the Restoration Project.
FERC issued an Order Amending License for Phase 1A of the Restoration Project on
August 25, 2009, and then again for Phase 1 B of the Restoration Project on May 21,
2010. Phase 2 of the Restoration Project includes:
• installation of a new fish screen and fish ladder at Inskip Diversion Dam;
• installation of a tailrace connector tunnel from South Powerhouse to Inskip Canal;
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Battle Creek Hydroelectric Project (FERC No. 1121), Phase 2
Consultation on Draft Application for Amendment of License
July 25, 2014
Page 2 of 3
• removal of Lower Ripley Creek Feeder, Soap Creek Feeder, and Coleman Diversion
Dams;
• removal of South Diversion Dam and associated conveyance system, including
South Canal.
Application Exhibits
This Application will be filed with FERC in compliance with 18 Code of Federal
Regulations (CFR) Sections 4.201, 4.34(1) and 4.41, as well as the alternative
amendment procedures approved by FERC on March 1, 2000.
Accordingly, the Licensee has prepared an Initial Statement and Exhibits A, B, C, and D.
For Exhibit E, as permitted under 18 CFR Section 4.34(i)(6)(iv), the Licensee is
substituting the Battle Creek Salmon and Steelhead Restoration Project Final
Environmental Impact StatemenVEnvironmental Impact Report (EIS/EIR), as well as
Reclamation's Record of Decision, for the environmental report.' Exhibit F contains
Critical Energy Infrastructure Information (CEII) and is still under development; therefore,
it is not included in this draft Application for consultation. Exhibit G contains a summary
of the license exhibit drawings.
Consultation Documents
Because of the federal and state actions associated with the Restoration Project,
compliance with both the National Environmental Policy Act (NEPA) and the California
Environmental Quality Act (CEQA) is required. Reclamation is the lead federal agency
for NEPA and is responsible for ensuring overall NEPA compliance. FERC is a
cooperating federal agency and ensures through the license amendment process that
proposed changes to the Hydroelectric Project comply with NEPA prior to issuing the
license amendment. The State Water Resources Control Board (State Water Board) is
the lead state agency for CEQA, and CDFW is a responsible agency under CEQA
because of its funding authority.
A joint EIS/EIR was prepared to fulfill the requirements of both NEPA and CEQA.
Reclamation and FERC provided notice of availability for the Final EIS/EIR on July 29,
2005. The State Water Board certified the adequacy of the Final EIS/EIR on September
19, 2006. CDFW issued its CEQA findings on March 14, 2007. In its findings, CDFW
determined that the whole of the action was analyzed in the Final EIS/EIR and that
contracting in phases would not create any new potentially significant impacts or alter
the levels of significance of impacts previously analyzed in the Final EIS/EIR.
The Final Cultural Resources Mitigation Report was completed by Reclamation in
January 2008 and was filed with FERC on February 6, 2008. The report concluded
Reclamation's consultation for the Section 106 process, as outlined in the 35 CFR
Part 800 regulations and as required by a Memorandum of Agreement, effective date
'This Application supports the Five Dam Removal Alternative—Proposed Action as described in the
EIS/EIR and is not applicable to any other alternative actions described in the EIS/EIR.
Battle Creek Hydroelectric Project (FERC No. 1121), Phase 2
Consultation on Draft Application for Amendment of License
July 25, 2014
Page 3 of 3
February 25, 2003, between Reclamation, FERC, and the California State Historic
Preservation Officer.
Issuance of a FERC Order amending the license for Phase 2 of the Restoration Project
is subject to issuance of a Biological Opinion by NMFS and a Water Quality Certification
by the State Water Board for the operation of the Hydroelectric Project. The FERC
Order is subject to the Reasonable and Prudent Measures and Terms and Conditions of
the Biological Opinion issued on June 20, 2005, by USFWS for the Restoration Project,
as well as the Biological Opinion issued on June 22, 2005, by NMFS for the Restoration
Project.
Next Steps
If you have any comments on this draft Application, please submit them to the Licensee
no later than Friday, September 24, 2014. Comments can be emailed to
lisa.whitman(cD-pge.com, or mailed to:
Lisa Whitman
PG&E, Hydro Licensing
Mail Code N13E
P.O., Box 770000
San Francisco, CA 94177
Additionally, a public meeting will be held to receive public comments. The meeting will
be held from 4:00 p.m. to 6:00 p.m. on Thursday, September 4, 2014 at:
Hampton Inn Red Bluff
520 Adobe Road
Red Bluff, CA 96080
(530) 529-4178
Please do not hesitate to contact me with any questions.
Sincerely,
t
Lisa Whitman
License Project Manager
Enclosure:
CD of Battle Creek Hydroelectric Project (FERC No. 1121), Phase 2, Draft
Application for Amendment of License
cc: All parties presented on the Distribution List, included on the enclosed CD