Loading...
HomeMy WebLinkAboutPetition for Temp Transfer of Water Rights 12.22.08 December 22, 2008 SOUTH FEATHER WATER S P O W E R Ms. Victoria Whitney, Chief Division of Water Rights State Water Resources Control Board P.O. Box 2000 Sacramento, CA 95812-2000 Re: Petition for Temporary Transfer of Water/Water Rights Permits 1267 and 2494 (Applications 1651 and 2778) Dear Ms. Whitney: Enclosed are the application forms and supporting documentation submitted by South Feather Water and Power Agency for a temporary water transfer of 10,000 acre-feet to San Diego County Water Authority in 2009. Also enclosed are checks for the application fees, totaling$6,997 and made payable to the State Water Resources Control Board, and for the environmental filing fee of$850 made payable to the California Department of Fish and Game. The applications and supporting documentation are also being sent to the Boards of Supervisors in each county potentially affected by the proposed transfer, per the attached Service List. If you require further information, please contact Kathryn Petersen at(530) 534-1221,ext. 202 or via email at Kmpetersena.southfeather.com. Sincerely, South Feathkteandwer Agency Michael Glazger Enclosures C. Attached Service List Kathryn Petersen, Power Division Manager W023737 Vendor:SWRCB Check Date: 12/18/2008 Vendor No: 79490 Vendor Acct No: Check Amount: $6,997.00 Invoice Number Date Description Invoice Amount 12-18-08 12/1812008 2009 Water"Transfer Fees 6.997.00 TRI COUNTIES BANK SOUTH FEATHER _ € 1-800-922-8742 TRI ■ WATER & POWER ■ 6 Vis. 9035x4(1211 (� WATER DIVISION g 023737 2310 ORO - QUINCY HIGHWAY OROVILLE, CALIFORNIA 95966 may. NY,,4r� ** Six thousand nine hundred ninety-seven dollars and 'Zero cents 12/1812008 $6,997.00 Void after 180 days SWRCB ". P.O. BOX 2000 Sacramento, CA 95812-2000 11202373 ?11' 1: 1211350451: 319101 ?98 Slim W023720 Vendor. State of California Check Gate- 12118/2008 Vendor No: 22155 Vendor Acct No: Check Amount: $850.00 Invoice Number Date Description Invoice Amount 12-18-08 12118/2008 Environ tiling tee 2009 Water franster 850.00 SOUTH FEATHER s1 = ; TRI1-800-922-8742BANK ■ WATER & POWER ■ a 90-350411211 WATER DIVISION 4 W 023720 2310 ORO - OUINCY HIGHWAY "*• 0 OROVILLE, CALIFORNIA 95966 0 ** Eight hundred fifty'dollars-and Zero cents 1211812008 $850.00 Void after 180 days State of California C Dept. Fish and Game, Region 2 1701 Numbus Rd Suite A Rancho Cordova,CA 95670 118023 ? 20,1' 1: L2L13SO4SI: L9 101, ?913 S", State of California State Water Resources Control Board DIVISION OF WATER RIGHTS P.O. Box 2000, Sacramento, CA 95812-2000 Info:(916)341-5300,FAX:(916)341-5400,Web:http://www.waterrights.ca.gov PETITION FOR TEMPORARY TRANSFER OF WATER/WATER RIGHTS (Water Code 1725) 0 Point of Diversion 0 Point of Rediversion Ix Place of Use 0 Purpose of Use Application No(s). 1651 Permit No. 1267 License No. Statement or Other No. Present Holder and User of Water Right South Feather Water and Power Agency Michael Glaze 530-5334578 Person or Company name Contact person Telephone No. 2310 Oro-Quincy Highway Oroville CA 95966 Address City State Zip Code Glaze@southfeather.com E-MAIL(For noticing purposes) Ca petitioner Person or Company name Contact person Telephone No Address City State Zip Code E-MAIL(For noticing purposes) Proposed New User —San Diego County Water Authority Dennis Cushman (858)522-6785 Person or Company name Contactperson Telephone No. 4677 Overland Avenue San Diego CA 92123 Address City State Zip Code DCushman@sdcwa.org E-MAIL(For noticing purposes) I (We) hereby petition the State Water Resources Control Board (State Water Board) under the provision's of Water Code (WC)section 1725 et seq, and in conformance with the specific requirements of California Code of Regulations(CCR)section 794 for temporary change(s)to the water right application(s)noted above for the purpose of transferring water. The changes are shown on the accompanying map and described as follows: Amount of Water to be Transferred 10,000 —Acre-feet(AF). If the basis of right is direct diversion,the average rate of diversion for the maximum 30 day period of use is cubic feet per second(cfs). Period of TransftrlExchange (Not to exceed one year) Point of Diversion or Rediversion (Give coordinate distances from section comer or other ties as allowed by CCR section 715, and the 40-acre subdivision in which the present&proposed points lie. Present-Ponderosa Dam on South Fork Feather River Proposed Water is spilled to Lake Oroville at Ponderosa Dam and released to SDCWA via the SWP facilities. TRANS-TEMP-PET(11-00) If your answers require more space than provided,please attach additional pages Place of Use Present South Feather Water and Power Agency service area in Butte County Proposed San Diego County Water Authority's service territory in San Diego County Purpose of Use Present Agriculture, domestic and municipal Proposed Domestic and Municipal Season of Use Direct Use(cfs) Storage(ac-ft) Present Year-round 10,000 Proposed June-December 2009 10,000 The proposed transfer/exchange water is presently used or stored within the county/counties of: Stored in Plumas,Yuba and Butte counties The proposed transfer/exchange water will be placed to beneficial use within the following county/counties: San Diego County Ia. Would the transfer/exchange water have been consumptively used or stored in the absence of the proposed temporary change (See WC 1725)? Yes (yes/no) lb. Provide an analysis which provides documentation that the amount of water to be transferred/exchanged would have been consumptively used or stored in the absence of the proposed temporary change. 2a. If the point of diversion/rediversion is being changed, are there any person(s)taking water from the stream between the present point of diversion/rediversion and the proposed point? No (yes/no) 2b. Are there any persons taking water from the stream between the present point of diversion or return flow and the proposed point of diversion or return flow? No (yes/no) 2c. If the answer to 2a.or 2b. is yes, provide the name and address. Also provide the name and address of other persons known to you who may be affected by the proposed change. 3a. Provide an analysis of any changes in strearnflow,water quality,timing of diversion or use, return flows,or effects on legal users resulting from the proposed transfer/exchange. No changes 3b. State reasons you believe the proposed temporary change will not injure any legal user of the water, see Water Code Section 1727(b)(1). Water will be placed in Lake Oroville for use by SDCWA,which is already a SWP recipient. 4. Consult with staff of the applicable Regional Water Quality Control Board concerning the proposed temporary change. State the name and phone number of person(s)contacted. Summarize their opinion concerning compliance with CCR 794(b)and any Regional Board requirements.Jacqueline Matthews(530)224-3249. No comments, per email 12/18/08. 5a. Consult with the California Department of Fish and Game pursuant to CCR 794(b)concerning the proposed temporary change. State the name and phone number of the person(s)contacted and their opinion concerning the potential effect(s)of the proposed temporary change on fish,wildlife, or other instrearn beneficial uses, and state any measures recommended for mitigation.Sharon Stohrer(916)358-2384.Comments are attached,and relate to timing and ramping rates of releases to minimize impacts to trout,and to minimizing impacts of drawdown on reservoir recreation. TRANS-TEMP-PET(I 1-00) If your answers require more space than provided,please attach additional pages 2 5b. Does the proposed use serve to preserve or enhance wetlands habitat,fish and wildlife resources,or recreation in or on the water(See WC 1707) 9 No (yes/no) 5c. Provide an analysis of potential effect(s)on fish, wildlife, or other instream beneficial uses which may arise from the proposed change. Releases from storage will occur in summer months, potentially cooling water termperatures slightly below what they would be absent the transfer. 5d. State reasons you believe the proposed temporary change will not unreasonably affect fish, wildlife, or other instrearn beneficial uses, see Water Code Section 1727(b)(2).The beneficial uses of the stream include cold water habitat. Releases will be ramped up and down to prevent impacts to amphibian species. 6a. Does any agency involved in the proposed transfer/exchange rely upon section 382 of the Water Code to allow the delivery of water outside of the agency's service area? No (yes/no)? 6b. If yes,provide an analysis of the effect of the proposed transfer/exchange on the overall economy of the area from which the water is being transferred. A TRANSFER/EXCIJANGE UNDER WATER CODE SECTION 1725 INVOLVES ONLY THE AMOUNT OF WATER WHICH WOULD HAVE BEEN CONSUMPTIVELY USED OR.STORED IN THE ABSENCE OF THE PROPOSED TEMPORARY CHANGE. A CHANGE WILL BE EFFECTIVE FOR A PERIOD OF ONE YEAR OR LESS, BEGINNING ON THE APPROVAL OF THIS PETITION OR ON SUCH DATE OTHERWISE SPECIFIED BY THE SWRCB ORDER. FOLLOWING EXPIRATION OF THIS TEMPORARY CHANGE, ALL RIGHTS AUTOMATICALLY REVERT TO THE PRESENT HOLDER BY OPERATION OF LAW. I(we)declare u�n;penalty ofperjury that the above is true and correct to the best of my (our) knowledge and belief. Dated: at -5, OLIVict-L California 530 Telephone No. NOTE: This petition shall be accompanied by all information and fees required by this form and W.C. Section 1725 et. seq, before the SWRCB will consider acceptance of the petition requesting a temporary change to facilitate a transfer/exchange. Proof of Service: Compliance with W.C. section 1726(c)shall be met by the filing of copies of the proof of service to the Department of Fish and Game and to the board of super-visors of the counties where the water is currently used and the counties to which water is proposed to be transferred. Fees: The following fees must accompany the petition before the petition will be accepted: I. A minimum filing fee of$100. for each application listed in the petition, shall be submitted with the petition (Water Code section 1547). The fee is made payable to the State Water Resources Control Board. a) Water Code section 1547.1 requires an additionally fee of 25%of the amount computed by using the fee schedule in Article I (commencing with Water Code section 1525)for use of water outside of the basin from which the water transfer originates. The fee is based on that portion of water transferred under the existing direct diversion or storage right(s)for each application identified in the petition. For direct diversion rights,the rate is typically computed based on the average rate of diversion (cfs)for the maximum 30-day period of use(AF). b) If the petitioner relies on Water Code section 382, the total filing fee shall be based on the amount necessary to cover the reasonable costs of the SWRCB to evaluate and process the petition(Water Code section 386). Please contact the Division if you would like an estimate of the potential cost. 2. An$850 environmental filing fee,made payable to the Department of Fish and Game, must accompany a petition L, for change(Public Resources Code 10005). TRANS-TEMP-PET(11-00) If your answers require more space than provided,please attach additional pages 3 State of California State Water Resources Control Board DIVISION OF WATER RIGHTS P.O. Box 2000, Sacramento, CA 95812-2000 Info:(916)341-5300,FAX:(916)341-5400,Web:http://�-,',-w.waterrights.ca.00v PETITION FOR TEMPORARY TRANSFER OF WATERIWATER RIGHTS (Water Code 1725) El Point of Diversion 0 Point of Rediversion )XfPlace of Use 0 Purpose of Use Application No(s). 2778 -Permit No. 2492 License No. Statement or Other No. Present Holder and User of Water Right South Feather Water and Power Agency Michael Glaze 530-533-4578 Person or Company name Contact person Telephone No. 2310 Oro-Quincy Highway Oroville CA 95966 Address City State Zip Code Glaze@southfeather.com E-MAIL(For noticing purposes) Co petitioner Person or Company name Contact person Telephone No. Address City State Zip Code E-MAIL(For noticing purposes) Proposed New User San Diego County Water Authority Dennis Cushman (858)522-6785 Person or Company name Contact person Telephone No 4677 Overland Avenue San Diego CA 92123 Address City State Zip Code DCushman@sdcwa.org E-MAIL(For noticing purposes) I (We) hereby petition the State Water Resources Control Board(State Water Board) under the provisions of Water Code (WC) section 1725 et seq. and in conformance with the specific requirements of California Code of Regulations (CCR)section 794 for temporary change(s)to the water right application(s)noted above for the purpose of transferring water. The changes are shown on the accompanying map and described as follows: en. Amount of Water to be Transferred 10,000 Acre-feet(AF). If the basis of right is direct diversion,the average rate of diversion for the maximum 30 day period of use is cubic feet per second(cfs). Period of Transfer/Exchange (Not to exceed one year) Point of Diversion or Rediversion (Give coordinate distances from section comer or other ties as allowed by CCR section 715, and the 40-acre subdivision in which the present& proposed points lie. Present Ponderosa Dam on South Fork Feather River Proposed water is spilled to Lake Oroville at Ponderosa Dam and released to SDCWA via the SWP facilities. TRANS-TEMP-PET(11-00) If your answers require more space than provided,please attach additional pages I Place of Use Present South Feather Water and Power Agency service area in Butte County Proposed San Diego County Water Authority's service territory in San Diego County Purpose of Use Present Agriculture,domestic and municipal Proposed Domestic and Municipal Season of Use Direct Use(efs) Storage(acft) Present Year-round 10,000 Proposed June-December 2009 10,000 The proposed transfer/exchange water is presently used or stored within the county/counties of: Stored in Plumas,Yuba and Butte counties The proposed transfer/exchange water will be placed to beneficial use within the following county/counties: San Diego County I a. Would the transfer/exchange water have been consumptively used or stored in the absence of the proposed temporary change (See WC 1725)? Yes (yes/no) lb. Provide an analysis which provides documentation that the amount of water to be transferred/exchanged would have been consumptively used or stored in the absence of the proposed temporary change, 2a. If the point of diversion/rediversion is being changed, are there any person(s)taking water from the stream between the present point of diversion/rediversion and the proposed point? No (yes/no) 2b, Are there any persons taking,water from the stream between the present point of diversion or return flow and the proposed point of diversion or return flow? No (yes/no) 2c. If the answer to 2a. or 2b. is yes, provide the name and address. Also provide the name and address of other persons known to you who may be affected by the proposed change. 3a. Provide an analysis of any changes in streamflow,water quality,timing of diversion or use, return flows,or effects on legal users resulting from the proposed transfer/exchange. No changes 3b. State reasons you believe the proposed temporary change will not injure any legal user of the water, see Water Code Section 1727(b)(1). Water will be placed in Lake Oroville for use by SDCWA,which is already a SWP recipient. 4. Consult with staff of the applicable Regional Water Quality Control Board concerning the proposed temporary change. State the name and phone number of person(s)contacted. Summarize their opinion concerning compliance with CCR 794(b)and any Regional Board requirements.Jacqueline Matthews(530)224-3249. No comments,per email 12/18/08. 5a. Consult with the California Department of Fish and Game pursuant to CCR 794(b)concerning the proposed temporary change. State the name and phone number of the person(s)contacted and their opinion concerning the potential effect(s)of the proposed temporary change on fish,wildlife,or other instream beneficial uses, and state any measures recommended for mitigation.Sharon Stohrer(916)358-2384. Comments are attached,and relate to timing and ramping rates of releases to minimize impacts to trout,and to minimizing impacts of drawdown on reservoir recreation. TRANS-TEMP-PET(11-00) If your answers require more space than provided, please attach additional pages 2 5b. Does the proposed use serve to preserve or enhance wetlands habitat, Fish and wildlife resources, or recreation in or on the water(See WC 1707) ? No (yes/no) 5c, Provide an analysis of potential effect(s)on fish, wildlife, or other instream beneficial uses which may arise from the proposed change. Releases from storage will occur in summer months, potentially cooling water termperatures slightly below what they would be absent the transfer. 5d. State reasons you believe the proposed temporary change will not unreasonably affect fish, wildlife, or other instrearn beneficial uses,see Water Code Section 1727(b)(2).The beneficial uses of the stream include cold water habitat. Releases will be ramped up and down to prevent impacts to amphibian species. 6a. Does any agency involved in the proposed transfer/exchange rely upon section 382 of the Water Code to allow the delivery of water outside of the agency's service area? No (yes/no)? 6b, If yes,provide an analysis of the effect of the proposed transfer/exchange on the overall economy of the area from which the water is being transferred. A TRANSFER/EXCHANGE UNDER WATER CODE SECTION 1725 INVOLVES ONLY THE AMOUNT OF WATER WHICH WOULD HAVE BEEN CONSUMPTIVELY USED OR STORED IN THE ABSENCE OF THE PROPOSED TEMPORARY CHANGE. A CHANGE WILL BE EFFECTIVE FOR A PERIOD OF ONE YEAR OR LESS,BEGINNING ON THE APPROVAL OF THIS PETITION OR ON SUCH DATE OTHERWISE SPECIFIED BY THE SWRCB ORDER. FOLLOWING EXPIRATION OF THIS TEMPORARY CHANGE,ALL RIGHTS AUTOMATICALLY REVERT TO THE PRESENT HOLDER BY OPERATION OF LAW, I(we) declare under penalty of'pet jury that the above is true and correct to the best of my(our)knowledge and belief Dated: t at P-6)l,'j LSC California 4)il —L-5L,3 0)—,S-;a - ''573 re(s) Telephone No NOTE: This petition shall be accompanied by all information and fees required by this form and W.C. Section 1725 et. seq, before the SWRCB will consider acceptance of the petition requesting a temporary change to facilitate a transfer/exchange. Proof of Service: Compliance with W.C. section 1726(0)shall be met by the filing of copies of the proof of service to the Department of Fish and Game and to the board of supervisors of the counties where the water is currently used and the counties to which water is proposed to be transferred. Fees: The following fees must accompany the petition before the petition will be accepted: I. A minimum filing fee of$100,for each application listed in the petition, shall be submitted with the petition (Water Code section 1547). The fee is made payable to the State Water Resources Control Board. a) Water Code section 1547.1 requires an additionally fee of 25%of the amount computed by using the fee schedule in Article I (commencing with Water Code section 1525)for use of water outside of the basin from which the water transfer originates. The fee is based on that portion of water transferred under the existing direct diversion or storage right(s)for each application identified in the petition. For direct diversion rights,the rate is typically computed based on the average rate of diversion (cfs)for the maximum 30-day period of use(AF). Z� b) If the petitioner relies on Water Code section 382,the total filing fee shall be based on the amount necessary to cover the reasonable costs of the SWRCB to evaluate and process the petition(Water Code section 386). Please contact the Division if you would like an estimate of the potential cost. 2, An$850 environmental filing fee,made payable to the Department of Fish and Game, must accompany a petition for change(Public Resources Code 10005). TRANS-TEMP-PET(11-00) If your answers require more space than provided. . please attach additional pages 3 Petition for Temporary Transfer of WaterMater Rights Supplemental Information Line I b. Provide an analysis which provides documentation that the amount of water to be transferred/exchanged would have been consumptively used or stored in the absence of the proposed temporary change. South Feather Water and Power Agency (SFWPA) proposes to transfer 10,000 acre-feet of water that would otherwise remain in storage in Little Grass Valley and Sly Creek reservoirs. This water will be transferred to Lake Oroville, managed by the Department of Water Resources (DWR) for release to San Diego County Water Authority via the State Water Project facilities. This water will be used to generate up to eighteen hours per day at SFWPA's Sly Creek, Woodleaf and Forbestown powerhouses and then spilled at Ponderosa Dam on the South Fork Feather River to Lake Oroville, where it will be used to generate power at the Hyatt Powerplant and/or Thermalito Powerplant before being released to the Feather River. Each year, PG&E, the purchaser of power from SFWPA's South Feather Power Project, provides a forecast of generation and reservoir operations. During a typical year, Little Grass Valley and Sly Creek reservoirs are filled by the end of May with runoff from snow melt and rainfall, and are then gradually drawn down throughout the summer to provide instrearn aquatic habitat, consumptive water supply and power generation, while maintaining sufficient water surface levels for recreation purposes. The end of year storage (on or before December 31) in Little Grass Valley Reservoir is typically 45,000— 50,000 AF, and the storage in Sly Creek Reservoir is 10,000-15,000 AF, for a combined end of year storage total of about 60,000 AF. To facilitate the temporary transfer, 10,000 AF in excess of typical operations will be drawn from Little Grass Valley and Sly Creek in June-July, while still meeting criteria for providing reservoir recreation, and delivered through the South Fork Feather River facilities to Ponderosa Dam where the water will be spilled to Lake Oroville. The reservoirs will then continue to be drawn down after the recreation season ends to an end of year combined storage of 50,000 AF. Absent the temporary transfer, the reservoirs would be operated to achieve the end of year combined storage of 60,000 AF, There will be no change or impact to SFWPA's irrigation or domestic deliveries as a result of this transfer. DWR and SFWPA will agree to establish refill criteria that mitigate any potential impact to the State Water Project as a result of SFWPA refilling its reservoirs following the transfer. Clom VU C; Petersen, Kathy From: Jacqueline Matthews [JMatthews@waterboards.ca.gov] Sent: Thursday, December 18, 2008 11:55 AM To: Petersen, Kathy Subject: Re: Proposed 2009 temporary water transfer Ka-hy- I have no comments. Jacqueline >>> "Petersen, Kathy" <kmiDetersern@southfeather,com> 12/2/2008 9:09 PM Jacqueline and Sharon, .As we did in 2008 with the State Water Contractors buyers' group, South Feather Water and Power Agency is prcpos4i-ng a temporary water transfer in 2009 to San Diego County Water Authority. The transfer process will be essentially the same as in 2008, although we hope to begin the release of water sooner in June (it was delayed into July 2008 by the permitting process) . Because this is a one-year temporary transfer, it is exempt from CEQA. The Petition for Te-nporary Transfer requires that T consult with your agencies concerning the proposed temporary change. Attached for your information are copies of the petitions, the environmental information for the petitions and supplemental information about the delivery methodology, stream impacts and aquatic biology. I'm also attaching a reference map. Please let me know if there is anything else you need in order to -form your opinion concerning potential effects. wwould appreciate receiving a response (either email or telephone) that I can include with the petitions by December 19. Thank you for your assistance. Kathy Petersen South Feather Water and Power Agency E--npetersen@southfeather .com <ma'-Ito:Kmpetersen@southfeather.com> (530) 534-1222., ext. 202 This message has been scanned. for viruses and dangerous content by MailScanner, and believed to be clean, Page I of 2 I Petersen, Kathy From: Sharon Stohrer[SSTOHRER@dfg.ca.gov] Sent: Thursday, December 18, 2008 3:15 PM To: Petersen, Kathy Cc: Kent Smith, MaryLisa Lynch;jmatthews@waterboards.ca.gov Subject: SFWPA Proposed 2009 Water Transfer Attachments: Proposed 2009 temporary water transfer Kathy, The Department of Fish and Game has received the South Feather Water& Power Agency draft Petitions for Temporary Transfer of Water under water right permits 1267 (AO 1651) and 2492 (A02778). The petitions and your accompanying documents describe the transfer of up to 10,000 acre- feet of water from Little Grass Valley and Sly Creek Reservoirs during the summer of 2009, for delivery to Lake Oroville and conveyance to the San Diego County Water Authority (SDCWA). The Department recognizes that the consumptive use of any water transferred through this action will have benefits for SDCWA. However, the Department cautions that delivery of this water should be made in a manner that avoids impact to aquatic life within the natural stream courses and other channels used for conveyance to the buyers. In particular, the Department identifies concerns for potential disturbance to fish life supported within the Little Grass Valley Reach of the South Fork Feather River (SFFR). Additionally, we ask that full consideration be given to minimize the effects of drawdown on aquatic species and on flat water recreation and angling opportunities at both Grass Valley and Sly Creek Reservoirs. Supplemental information transmitted with your 1212/08 e-mail (see below) is fundamental to describing the project, and should be provided as an attachment to the Environmental Information form (PET-ENV [1-001) when submitted to the SWRCB. The "Stream Impacts" section (Word file: 2009 Water Transfer Info.doc)provides average flow release information from Little Grass Valley Dam for July during previous years of 2005, 2006 and 2007 and states that minimum flows to the SFFR ranged from 74 cfs to 125 cfs during these periods. These July flows are well above the 10 cfs required in the Little Grass Valley dam reach under current FERC license 2088, and if maintained as baseflow throughout the May - September 2009 period, may help to buffer instream ecology from additional increase in flow necessary for SFWPA delivery of transfer water. It is the Department's understanding that during water transfer activities, the total flow released to the Little Grass Valley Reach will not exceed the 146 - 149 cfs rate. In describing this for Petition information purposes, SFWPA should clearly state that this maximum.release rate will be based on hourly averages. It is also our understanding that Article 32 in the current FERC License 2088 (and in SFWPA's Application for proposed new license) states that "every effort shall be made to maintain Little Grass Valley Reservoir at the maximum elevation and with minimum fluctuation from June 15 to September 15...." SFWPA should expand the supplemental information document to include discussion on how this will be achieved while transferring 10,000 of of water in summer months. Through this initial consultation on proposed 2009 water transfers under A01651 and A02778, the Department requests the following: 1) Transfer releases from Little Grass Valley Reservoir should not be implemented prior to mid-June 12/1.8/2008 Page 2 of 2 2009 to prevent potential disturbance of rainbow trout redds and early stage fry that may occur between February and May within this reach. 2) To minimize impacts to resident rainbow and brown trout, the implementation of water transfer down the Little Grass Valley Reach should be conducted with gradual ramping rates (up and down), limited to 0.5 foot per hour maximum change. 3) Drawdown of Little Grass Valley Reservoir should be limited to rates that will not violate minimum lake level requirements established in the current license for FERC Project 2088. Little Grass Valley surface elevation should be maintained at levels necessary for lake access from boat launching facilities during the summer recreation season. 4) Drawdown of Sly Creek Reservoir should be limited to rates that will not violate minimum lake level requirements established in the current license for FERC Project 2088. Sly Creek Reservoir surface elevation should be maintained at levels necessary for lake access from boat launching facilities during the summer recreation season. 5) SFWPA should provide timely notification to all landowners of property in the vicinity of Little Grass Valley Reservoir and Sly Creek Reservoir, regarding the filing with SWRCB of Petitions for Temporary Transfer of water from those recreation facilities and any potential for effects on take level. Thank you for consulting with the Department on this matter. Sharon Stohrer Sharon J. Stohrer Environmental Scientist Department of Fish and Game 1701 Nimbus Road Rancho Cordova, CA 95670 (916) 358-2384 This message has been scanned for viruses and dangerous content by MaIlIScanner, and is believed to be clean. 12/18/2008 Supplemental Information -2009 Proposed Temporary Transfer of 10,000 acre-feet(10 TAF) from South Feather Water and Power Agency (SFWPA) to San Diego County Water Authority (SDCWA) Delivery Methodology: The proposed 2009 temporary transfer is essentially the same, including environmental effects, as the temporary transfer conducted in 2008 to the State Water Contracting agencies. SFWPA shall deliver the water at the Ponderosa Dam spillway into Lake Oroville. The availability of the 10 TAF of water will result from a reduction in end-of-month (EOM) target storage in Little Grass Valley and/or Sly Creek Reservoirs. PG&E (the present purchaser of SFWPA's hydropower) will provide a forecast of reservoir operations for the South Feather Power Project absent a water transfer, assuming median precipitation. To effect the transfer, the combined storage in Little Grass Valley and Sly Creek will be brought to 10 TAF below the forecast end of month storage by the end of July, and 10 TAF of water over and above the combined June and July"without transfer" spill amount of will be released at Ponderosa Dam to Lake Oroville (this will constitute delivery of the water to SDCWA). It is possible that the transfer could begin in May 2009, in which case 10 TAF above the combined May-June 'without transfer"spill amount will be released at Ponderosa Dam. To ensure that the water is "new"water, the 2009 end-of-year combined storage in Little Grass Valley and Sly Creek Reservoirs will be drawn down to 50 TAF(10 TAF less than the"without transfer"end-of-year storage volume of 60 TAF) Stream Impacts: The only section of stream that would be impacted by the proposed transfer is the Little Grass Valley Reach, a 9.1 mile-long, 2.7% gradient section of the South Fork Feather River between Little Grass Valley Dam and South Fork Diversion. The proposed operation will be essentially the same as in 2008, when flows were ramped up to 146— 149 cfs in July and early August to affect the drawdown of Little Grass valley storage (approvals in 2008 came too late to begin the transfer in June). This resulted in an average flow of 20-50 cfs above the flow that would typically be released in the Little Grass Valley reach during July without the transfer. For comparison, the flows released during July 2005—2007 were as follows: Little Grass Valley 2005 (Average) 2006 (Wet) 2007 (Dry) Reach Minimum flow 74 cfs 97 cfs 125 cfs Maximum flow 108 cfs 98 cfs 131 cfs Mean flow 102 cfs 97.9 cfs 129 cfs Acre-feet/month 6,290 6,020 7,910 The water released to South Fork Diversion is conveyed via the South Fork Tunnel (maximum capacity of 600 cfs) to Sly Creek Reservoir, Because Sly Creek Reservoir releases are made through Sly Creek Powerhouse directly to Lost Creek Reservoir, there are no impacts to the flows below any other reservoirs or diversions as a result of release from storage in Sly Creek Reservoir. There is no stream section between Sly Creek and Lost Creek reservoirs. All additional flows are moved through the Sly Creek, Woodleaf and Forbestown tunnels and powerhouses by operating them up to full capacity. Forbestown Powerhouse releases to Ponderosa Reservoir, and spills are made directly to Lake Oroville, which backs up onto the toe of the Ponderosa Dam. Aquatic Biology Information from SFWPA's License Application: The following information is taken from the License Application filed with the FERC in March 2007. Habitat mapping was conducted using video and on the ground techniques. The average stream width of the Little Grass Valley reach is 35.1 feet. There are 68 pools 1-4 feet deep, 50 pools 4-10 feet deep and 2 pools great than 10 feet deep. The dominant substrate is 65% boulder, 27% bedrock, 6% cobble, and 2% gravel. Confinement is 70%confined-shallow and 30% confined- deep. Cover type is 81% boulder, 18% insignificant and 1% vegetation. Spawning gravel per mile is 261 square feet. Fish population monitoring in the Little Grass Valley reach was conducted in 1987, 1992, 1994, 1997, 2000, 2001, 2004 and 2005. The populations include both rainbow and brown trout. Evidence collected over time indicated a negative population response following large flood events (1986, 1997), but otherwise found the populations to be"robust" based on biomass in comparison with similar west slope Sierra streams. Surveys for California Red-legged Frog, Mountain Yellow-legged Frog and Foothill Yellow-legged Frog (FYLF)found none of these sensitive species occurring within the Little Grass Valley reach. The nearest FYLF population was found about 9 miles downstream of South Fork Diversion Dam near the confluence with Lost Creek. The Aquatic Bioassessment Study used benthic macroinvertebrate (BMI) indices to determine aquatic habitat problems, The study site immediately below Little Grass Valley Dam had a suboptimal BMI score and ranking due to cold temperature releases from the bottom of the reservoir. Further downstream from the dam the study sites were in the optimal range as temperature effects were less predominant. Recreation The transfer will withdraw a total of 10 TAF from storage in Little Grass Valley and Sly Creek reservoirs, For recreational purposes, a minimum water surface elevation of 3,480 feet is maintained in Sly Creek through July 30; and a minimum water surface level of 5,022 feet is maintained in Little Grass Valley through September 30. If the reservoirs do not fill in 2009 such that withdrawals could lead to violations of the minimum levels for recreation, the amount of the transfer would be reduced accordingly. It should be noted that despite below-normal water year conditions in 2008, a 10 TAF transfer was accomplished without impacting recreation levels. PROOF OF SERVICE STATEMENT 1, Jola K. Battershell, do certify that the attached PETITION FOR TEMPORARY TRANSFER OF WATERIWATER RIGHTS, UNDER SOUTH FEATHER WATER AND POWER AGENCY'S PERMITS 1267 AND 2492 (APPLICATION 1651 AND 2778) was mailed on December 22, 2009 to the attached list. Dated /-C)�-C) Forbestown, California Signature Department of Fish and Game Regional Water Quality Control Board Sacramento Valley—North Central Region Central Valley Region— Redding Branch Office 1.701 Nimbus Road, Suite A 415 Knollcrest Drive Rancho Cordova, CA 95670 Redding, CA 96002 Board of Supervisors COUNTY OF SAN DIEGO Board of Supervisors 1600 Pacific Highway COUNTY OF PLUMAS San Diego, CA 92101 520 Main Street, Room 309 Quincy, CA 95971 Board of Supervisors Board of Supervisors COUNTY OF YUBA COUNTY OF BUTTE Clerk of the Board 25 County Center Drive 915 8 1h Street, Suite 109 Oroville, CA 95965 Marysville, CA 95901 State Water Resources Control Board San Diego County Water Authority Division of Water Rights, Attention: Greg Wilson Attention: Dennis Cushman P.O. Box 2000 4677 Overland Avenue Sacramento, CA 95812-2000 San Diego, CA 92123 D w w i F3 rx: z ,a 2 m cs a� � o�Q n o _ w c co c N Wim w U3 C`} CPO mu 8 $ N N C € � O = �n \11 m y � w N �o � O _4) F1 0 �y d = m � a ' m a d 0 z a �o v i n rn 1 z= sa a L o z m ;aa,�ul uopexalg� U- o � � —_ a m Eg = • n G a � s tai a U a in t= )-A u!uogae413 State of California State Water Resources Control Board DIVISION OF WATER RIGHTS P.O. Box 2000, Sacramento, CA 95812-2000 Infi):(916)341-5300,FAX:(916)341-5400,Web:htip:,'/ww\v.waterrights.ca.(Yov ENVIRONMENTAL INFORMATION FOR PETITIONS (THIS IS NOTA CEQA DOCUMENT) APPLICATION NO. 1651 & 2778 PERMIT NO. 1267 & 2492 LICENSE NO. The following information will aid in the environmental review of your change petition as required by the California Environmental Quality Act(CEQA). IN ORDER FOR YOUR CHANGE PETITION TO BE ACCEPTED AS COMPLETED. ANSWERS TO THE QUESTIONS LISTED BELOW MUST BE COMPLETED TO THE BEST OF YOUR ABILITY. Failure to answer all questions may result in your change petition being returned to you, causing delays in processing. If you need more space, attach additional sheets. Additional information may be required from you to amplify further or clarify the information requested in this form. DISCRIPTION OF CHANGES TO PROJECT 1. Provide a description of the proposed changes to your project, including but not limited to, type of construction activity, structures existing or to be built, area to be graded or excavated, changes in land use, and project operational changes, including changes in how the water will be used. South Feather Water and Power Agency proposes to transfer 10,000 acre-feet from storage in its reservoirs to Lake Oroville for use by San Diego County Water Authority. The water will be drawn from storage in Little Grass Valley and Sly Creek reservoirs during June-July, passed through South Feather's Sly Creek, Woodleaf and Forbestown powerhouses, and then spilled at Ponderosa Dam to Lake Oroville. Water will be released from Lake Oroville to San Diego County Water Authority for use in its service area. The reduction in storage levels in Little Grass Valley and Sly Creek reservoirs, and the resulting flows in the South Fork Feather River are well within the operating limitations of the South Feather Power Project, and will have no adverse impact on water supply to South Feather's customers. PET-ENV(1-00) GOVERNMENTAL REQUIREMENTS . Before uOnu| decision can bunnudeooyour change pctbinn, wemnux(consider the io[bnnai/on contained in an environmental document prepared in compliance with the requirementsofCE()/\. If an environmental document has been prepared for your proposed changes by another agency, we must consider it. If one has not been prepared, a determination must be made as to who is responsible for the preparation ofthe environmental document for your change petition. The following questions are designed toaid us in that determination. 2. Contact your county planning orpublic works department for the following iufhnnu1iou: u. Person contacted Date ofcontact Department Telephone ( ) b. Assessor's Parcel No. Not applicable c. County Zoning, Designation d. Are any county permits required for your proposed changes? K{O |fyes, check appropriate space below: Gnzdinzpeonii Use Permit, ---Watercourse ' [h f�� � (} Obstruction Permit, au�cm Zoning, General Plan Change, Other(explain): c. Have you obtained any o/ the required permits described above? lfyes, provide acomplete copy ofeach permit obtained. 3. Are unyaddidooaiu��omrf�dccz| p�mokmrcquiccdfbrynucpnopomodubao�ca? NO (i.e., from Federal Eocr�yF|egu|u1ory (�oonnoiosion, U.S. Forest Service, 2�ureouo[Land K4anugcmcoL Soil Conservation Service, Department of Water Resources (Division of Safety of Dams), [<cu|unoution Board. Coastal Commission.. State Lands Commission. ctc.} For each 4gcncyhnrn which uperoni1 is required provide the following information: Permit type Person (y) contacted Agency Date ofcontact Telephone ( ) 4. Has any public agency prepared an environmental document for any aspect of your proposed changes? NO If so, ptease submit a copy of the latest environmental document (s) prepared, including a copy of the notice ofdetermination adopted bythe public agency. l[not. explain below whether you expect that upublic ygcucyother than the State VVo1cr Resources Control Board will be preparing an environmental document for your change petition or whether the applicant, if it is a California public agency, will beprtparinothe environmental document for your change petition: PET-ENV(|-U0) -2- Temporary changes under Water Code sections 1Y25. Etseq. are exempt from the requirements 0fCEQA pursuant hJWater Code Section 1729, The SWRCBmust consider potential impacts to other legal U3e[S and to fish, wildlife 0[ other iD3tn8@nO beneficial uses. Note: When completed. please submit a copy of the final environmental document (including notice o[determination) ornotice of exemption to the State Water Resources Control Bourd, Proccss\ngo[yourchungcpcidioncuuootprocccduoti| suchdocunnen1auncsubrni(1cd. 5. Will your proposed changes, during construction or operation, generate waste or wastewater containing such things as sewage, industrial chemicals, metals, oragricultural obornicn|u, or cause erosion, turbidity ncsedimentation, NO If so, explain: If ws orvOU are unsure of your answer, contact your local Regional Water Quality Control Board for the [b||ovvin� information (See �1uchnncntfor address and telephone numnbcr): Will uwaste discharge permit hcrequired for your petition? No Person contacted Date oFcontact What method oftreatment and disposal will buused? 6. Have any archeological reports been prepared outhis project, orwi|| youbcprcpuriugun archeological report to satisfy another public agency? None required ' Dovouknovvofaoyu,cbco\n�icu1orhistoric obculocated vvhbinthe general pnUcctarea? l[so, explain: ENVIRONMENTAL SETTING 7, Attach THREE COMPLETE SETS ofcolor photographs, clearly dated and labeled, showing the vegetation currently existing atthe Go\|ovviug locations: u Nonuthe stream channel immediately downstream from the proposed pnbt(s) ofdiversion h. Along the stream channel immediately upstream from the proposed poinns) ofdiversion c. At the place(s) where the water is10 be used Note: It is very important that you submit no less than three complete sets of photographs as required above. If less than three sets are submitted. , processing of your change petition will be delayed until you furnish the remaining sets! 0. From the list given below, mark mrcircle the gcocru| plant Community types which bcs(dcaoribt those which occur within you project arcu (Notc: Sec footnote denoted by * under Question | \ bc|nvv): Tree Dominated Commuinities Shrub Dominated Communities Subalpine Conifer Alpine Dwarf-Shrub Red Fir Low Sage Lodgcpo\cPinc 0itiecbrush Mixed Conifer Sagebrush Sierran Mixed Conifer Montane Chaparral White Fir Mixed Chaparral Klamath Mixed Conifer [buouise-BcdshunkChoporru| Douglas-Fir Coastal Scrub Jcdicy Pine Desert Succulent Shrub Ponderosa Pine Desert Wash FastsidcPinc Desert Scrub Redwood Alkali Desert Scrub Pinyon-Juniper Juniper Herbaceous Dominated Communities Aspen Annual Grassland Closed-Cone Pine-Cypress Perennial Grassland Montane Hardwood-Conifer Wet Meadow Montane Hardwood Fresh Emergent Wetland Valley Foothill Hardwood Saline Emergent Wetland Blue Oak Woodland Pasture Valley Oak Woodland Coastal Oak Wdl d Aquatic Communities ValleValle- Jwood-�C y Foothill Har wood Conifer Rive Blue Oak-Dig ne�' ger Pil C�Lacustrine��Y, Eucalyptus Estuarine aMontane R* Marine nzni��L Desert Riparian Developed Communities Palm Oasis [rop|nuj Joshua Tree Orchard-Vineyard Urban Literature source: Mayer, K.E.` ood W.F. Laudcns|uycr, }r., (cdo). 1988. /\ Guide ioWildlife Habitats n[California. California Department ofForestry and Fire Protection, Sacramento. 166 pp. (Note: You may view a copy of this document qt our public counter at the address given PET-ENV(1-00) -4- otthe top o[this form oryou may purchase ucopy bycalling the California Department of Fish and Game, Wildlife Habitat Relationships (YVHR) Program a( (9l6) 653-7203). 9. Provide below an estimate of the type, number, and size (trunk/stem diameter u1chest height) of trees and large shrubs that are planned to be removed or destroyed due to implementation of the proposed changes. [ouaidccu|| uspcc�aofIourcbau�cpc|idon, ino|udin�obun�csindiversion structures, water distribution and use facilities, and changes in the place of use due to additional water development. Nexisting diversions will be utilized FISH AND WILDLIFE CONCERNS lU. Identify the typical species offish which occur inthe souruc(s) from which you propose todivert vvo1ec and discuss whether nrnot any ofthese fish species nrtheir habitat has been or would he affected by your proposed changes. (Note: See footnote denoted by * under Question \ l below): Rainbow trout, brown trout. Neither f these speciestheir habitat ill be affected by the proposed changes. i/. Identify the typical species ofriparian and terrestrial wildlife iuthe area and discuss whether or not any ofthese species and/or their habitat has been orwould btaffected by your proposed changes through construction of additional water diversion and distribution works and/or changes in land use iothe place wfwater use. (Note: See footnote denoted by * below): []e8r' coyote, 8QUi[[elS, upland g8DlH species. NO changes in diversion facilities or land use proposed,are d area species and habitat will not be affected. *Note: The purposes of Question 10 and I I are to provide a preliminary assessment of the presence of typical plant and animal species in the area and whether these species might be affected by your proposed changes. Detailed site surveys to quantify populations of specific species or determine the presence of rare or endangered species may be required at a later date. It is very important that you answer these questions accurately. If you are unable to obtain appropriate answers from your local California Department of Fish and Game biologists (See attachment for address and telephone number) or you do not have adequate information or expertise to complete your answers, you should hire a fishery consultant and/or a wildlife consultant to review your project and prepare suitable answers for you. For information on available qualified fishery or wildlife consultants near vou, consult your local telephone directory yellow pages under Environmental and Ecological Services, or call the California Environmental Protection Agency, Registered Environmental Assessor (REA) Program, at(916) 324-6881 or the University of California, Cooperative Extension Service (See your local telephone directory white pages). 12. Do your proposed changes involve any construction or grading-related activity which has significantly altered or would significantly alter the bed or bank of any stream or lake?_ No If so, explain: CERTIFICATION I hereby certify that the statements I have furnished above and in the attached exhibits are complete to the best of my ability, and that the facts, statements, and information presented are true and correct to the best of my knowledge. Date Signature PET-ENV(1-00) -6- Environmental Information for Petitions Environmental Setting — Photographs i,RESIN y � Ponderosa Reservoir �Irl immediately upstream from point of diversion A a . t+u^p � t f t , a Lake Oroville, So. For arm immediately downstream from point of diversion at Ponderosa Dam spillway .., lake Orovlll$ i The 10,000 acre-feet transferred will be placed in Lake Oroville for release to the Feather River and to the points of rediversion on the State Water Project for San Diego County Water Authority. The place of use will include San Vicente Reservoir, shown below. y z. Y Thr :A'