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Home My WebLink About11.24.20 Board Correspondence - FW_ Delegated Order issued in FERC P-2107-029 From:Schuman, Amy To:Alpert, Bruce;Bennett, Robin;Clerk of the Board;Connelly, Bill;Cook, Holly;Lambert, Steve;Lucero, Debra; McCracken, Shari;Paulsen, Shaina;Pickett, Andy;Ring, Brian;Ritter, Tami;Rodas, Amalia;Sweeney, Kathleen; Teeter, Doug Subject:Board Correspondence - FW: Delegated Order issued in FERC P-2107-029 Date:Tuesday, November 24, 2020 9:58:48 AM Good morning, Please see the email below from FERC. Amy Schuman Associate Clerk of the Board Butte County Administration 25 County Center Drive, Suite 200, Oroville, CA 95965 O: 530.552.3300 |D: 530.552.3308 | F: 530.538.7120 Twitter | Facebook | YouTube | Pinterest -----Original Message----- From: 'FERC eSubscription' <eSubscription@ferc.gov> Sent: Tuesday, November 24, 2020 9:05 AM Subject: Delegated Order issued in FERC P-2107-029 .ATTENTION: This message originated from outside Butte County. Please exercise judgment before opening attachments, clicking on links, or replying.. On 11/24/2020, the Federal Energy Regulatory Commission (FERC), Washington D.C., issued this document: Docket(s): P-2107-029 Lead Applicant: Pacific Gas and Electric Company Filing Type: Delegated Order Description: Order Approving Amphibian Monitoring Plan Pursuant to Article 401 re Pacific Gas and Electric Company under P-2107. To view the document for this Issuance, click here https://urldefense.com/v3/__https://elibrary.ferc.gov/eLibrary/filelist?accession_num=20201124- 3022__;!!KNMwiTCp4spf!SPqGqC4A-ZN37rft9ocpE3QRzlziDyKY6K_mGuoNkdeF6nILOXtyLohEF- NCZE2mUw3mI4EDSIQ$ To modify your subscriptions, click here: https://urldefense.com/v3/__https://ferconline.ferc.gov/eSubscription.aspx__;!!KNMwiTCp4spf!SPqGqC4A- ZN37rft9ocpE3QRzlziDyKY6K_mGuoNkdeF6nILOXtyLohEF-NCZE2mUw3mlVl-LvM$ ------------------------------------------------------------------------ Please do not respond to this email. Online help is available here: https://urldefense.com/v3/__http://www.ferc.gov/efiling-help.asp__;!!KNMwiTCp4spf!SPqGqC4A- ZN37rft9ocpE3QRzlziDyKY6K_mGuoNkdeF6nILOXtyLohEF-NCZE2mUw3mw7h7r7g$ or for phone support, call 866-208-3676. Comments and Suggestions can be sent to this email address: mailto:FERCOnlineSupport@Ferc.gov 173 FERC ¶ 62,100 UNITED STATES OF AMERICA FEDERAL ENERGY REGULATORY COMMISSION Pacific Gas and Electric CompanyProject No. 2107-029 ORDER APPROVING AMPHIBIANMONITORING PLANPURSUANT TO ARTICLE 401 (IssuedNovember 24, 2020) 1.OnMarch 30, 2020,Pacific Gas andElectric Company, licensee for thePoe Hydroelectric ProjectNo. 2107, filed a Amphibian Monitoring Plan (Plan), pursuant to 1 Article 401 of the project license.Theproject is located on the North Fork Feather River, upstream of Lake Oroville, near the Town of Pulga, in Butte County, California. The project occupies federal land within the Plumas National Forest administered by the U.S. Department of Agriculture, Forest Service (Forest Service). License Requirementand Background 2.Appendix Aof the project license contains the Water Quality Certification (WQC) conditions issued by the California State Water Resources Control Board(State Water Board), and filed on December 29, 2017. Appendix B of the project license contains the conditions issued by the Forest Service and filed on July 9, 2018 under section 4(e) of the Federal Power Act (4(e) conditions). Condition 9of the WQC and condition 25 of the 4(e) conditions, require the licensee to file a Bypass Reach Biological Monitoring Plan that includes plans to monitor fish populations, benthic macroinvertebrates, and amphibians in the bypass reach for the duration of the license. The plan must be developed in consultation with the U.S.Fish and Wildlife Service, Forest Service, California Department of Fish and Wildlife, and State Water Board(collectively, resource agencies).The condition, in part, specifies what must be included in the plan. Article 401(a) of the project license requires the licensee to file the plan with the Commissionfor approvalwithinone yearof license issuance. 3.OnDecember 17, 2019, the licensee filed a Bypass Reach Fish and Benthic Macroinvertebrate Monitoring Plan.That plan was approved by Commission order dated April16,2020. In the licensee’s December 17, 2019 filing, it advised the Commission 1 Order Issuing New License (165 FERC ¶ 62,172), issued December 17, 2018. -2- Project No. 2107-029 that through its consultation with the resource agencies, it was decided that the Amphibian Monitoring Plan would be developed and filed separately for approval. Licensee’s Plan 4.The licensee defines the goal and objectives, monitoring sites, methods for data collection, reporting requirements, and provisions for making changes to the Plan based on the results. 5.The licensee proposesto identify, quantify, and assess suitable foothill yellow- legged frog habitats in the project’s bypass reach. The licensee would document habitats and sites that are both occupied and unoccupiedby foothill yellow-legged frogs of alllife stages. The licensee would also determineadult population status, distribution, viability, and reproductive successbased on egg mass monitoringanddetermine distribution, relative abundance, and annual recruitment rates through young-of-the-year surveys. 6.The licensee proposes to have the foothill yellow-legged frog habitat assessment doneby the end of the second year of license implementation and the establishment of the flow conditions under the newlicense.During the fifth yearof implementation of the new license flowconditions, the entire bypass reachwouldbe assessedagain to identify suitableegg-laying and tadpole rearing habitat. 7.Thelicensee also proposes to conduct egg mass surveys at various locations throughout the bypass reach. The surveys would be conducted annually for the first five years of the implementation of the new license. Since egg mass surveys had been conducted under the previous license, the license provides data for survey results from 2007 through 2018. The licensee would also conduct adult foothill yellow-legged frog surveys. Data from the surveys would be used to estimate population size and growth, determinethe onset of breeding, age, site fidelity, and movements. The licensee would also survey young of the year to contribute to the analysis of population distribution, viability, juvenile recruitment, and to contribute to the habitat suitability analysis. 8.Regarding reporting,the licensee proposes to file an annual report with the resource agencies by March 15 of the subsequent year that monitoring occurs. After review from the resource agencies, the licensee would then file a report with the 2 Commission byMay 31 of the subsequent year that monitoring occurred.In addition, the licensee’s Plan provides for changes that become necessaryduring the implementation of the Plan. Significant changes to the Plan would be addressed through consultation with theresource agencies. If it is determined through consultation that a 2 Article 401(b) of the license also requires this report to be filed with the Commission. -3- Project No. 2107-029 revised Plan is necessary, the licensee would modify the Plan in coordination and agreement with the resource agencies prior to filing the revised Plan with the Commission for approval. Agency Consultation 9.The licensee initially provided its Plan to the resource agencies on March 4, 2020 for review and approval.By letter dated March 19, 2020, the Forest Service approved the licensee’s Plan. On October 30, 2020, theCommission received a filing from the State Water Board conveyingits approval of the licensee’s Plan.The FWS or California DFW did not provided any comments on the Plan. Discussion and Conclusion 10.The licensee’s Plandescribes theamphibian/foothill yellow-legged frog monitoring effort that it proposes to implement in the project bypass reach in accordance with the requirements of WQC condition 9, Forest Service 4(e) condition 25and Article 401(a) of the project license. The Plan containsthe specific componentsrequired to be included by WQCand 4(e) conditions.As proposed, the Plan should adequately monitor foothill yellow-legged frog habitat and populations inthe bypass reach in association with the increased flow conditions prescribed in the new license. Further, the Plan allows for themonitoring effortto be evaluated and changes to the Plan to made if necessary, through consultation with the resource agencies and approval by the Commission. 11.The licensee’s Plan, developed in consultation withresource agenciesand approved by the State Water Boardand Forest Service, pursuant to WQC condition 9, 4(e) condition 25,and Article 401(a) of the project license, should be approved. The Director orders: (A)Pacific Gas andElectric Company’s AmphibianMonitoring Plan,filed with the Federal Energy Regulatory Commission (Commission) on March 30, 2020,pursuant to Article 401(a) of the project license for the Poe Hydroelectric ProjectNo. 2107, is approved. (B)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. § 825l(2019), and the Commission’s regulations at 18 CFR § 385.713 (2020). The filing of a request for hearing does not operate as a stay of the effective date of this order, or of any other date specified in this -4- Project No. 2107-029 order. The licensee’s failure to file a request for rehearing shall constitute acceptance of this order. Thomas J. LoVullo Chief, Aquatic Resources Branch Division of Hydropower Administration and Compliance