HomeMy WebLinkAbout6.17.22 Board Correspondence - FW_ Commission Order_Opinion issued in FERC P-619-164 (2)
From:Paulsen, Shaina
To:BOS
Subject:Board Correspondence - FW: Commission Order/Opinion issued in FERC P-619-164
Date:Friday, June 17, 2022 8:11:24 AM
Please see Board Correspondence below.
Shaina Paulsen
Associate Clerk of The Board
Butte County Administration
25 County Center Drive, Suite 200, Oroville, CA 95965
T: 530.552.3304 | F: 530.538.7120
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Subject: Commission Order/Opinion issued in FERC P-619-164
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On 6/16/2022, the Federal Energy Regulatory Commission (FERC), Washington D.C., issued this document:
Docket(s): P-619-164
Lead Applicant: Pacific Gas and Electric Company
Filing Type: Commission Order/Opinion
Dissent/Concurrence by the Commissioner
Description: Order Issuing New License re Pacific Gas and Electric Company et al under P-619. Commissioner Danly is concurring with a separate
statement attached.
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179 FERC ¶ 61,202
UNITED STATES OF AMERICA
FEDERAL ENERGY REGULATORY COMMISSION
Before Commissioners: Richard Glick, Chairman;
James P. Danly, Allison Clements,
Mark C. Christie, and Willie L. Phillips.
Pacific Gas and Electric Company and Project No.619-164
City of Santa Clara
ORDER ISSUING NEW LICENSE
(Issued June 16, 2022)
Introduction
1. On December 12, 2016, as supplemented May 22, 2018, Pacific Gas and Electric
Company (PG&E) and the City of Santa Clara, California (City of Santa Clara)
1
(Licensees) filed, pursuant to sections 4(e) and 15 of the Federal Power Act (FPA),an
application for a new license to continue operation and maintenance of the Bucks Creek
Hydroelectric Project No. 619 (Bucks Creek Project or project). The 84.8-megawatt
(MW) project is located in Plumas County, California on Bucks, Grizzly, and Milk Ranch
Creeks – tributaries of the North Fork Feather River. The project occupies 1,539.5 acres
of federal land within the Plumas National Forest managed by the U.S. Department of
2
Agriculture, Forest Service (Forest Service).
2. As discussed below, this order issues a new license for the project.
Background
3. The Federal Power Commission, predecessor to the Federal Energy Regulatory
Commission (Commission), issued the current license for the project to PG&E on
3
December 19, 1974, which was set to expire on October 31, 2004. On April 29, 1988,
1
16 U.S.C. §§ 797(e); 808.
2
Because the project occupies lands of the United States, section 23(b)(1) of the
FPA, 16 U.S.C. § 817(1), requires the project to be licensed.
3
Pacific Gas & Elec. Co., 52 FPC 1898 (1974). The original license for Project
No. 619 was issued April 14, 1926, for a term expiring December 31, 1968.
Project No. 619-164 - 2 -
the Commission issued an order amending the license to authorize the construction of a
new powerplant (Grizzly Development) and extend the license term to December 31,
4
2018. On July 10, 1990, the license was again amended, to add the City of Santa Clara
as a co-licensee and to designate the City of Santa Clara as the owner and operator of the
5
Grizzly Development. Since the expiration of the current license, project operation has
6
continued under annual licenses.
4. On August 6, 2018, the Commission issued a public notice accepting the relicense
application for filing, indicating that the application was ready for environmental
analysis, and setting October 5, 2018, as the deadline for filing motions to intervene,
protests, comments, recommendations, preliminary terms and conditions, and preliminary
7
prescriptions. The Forest Service, California Department of Fish and Wildlife
(California DFW), California State Water Resources Control Board (Water Board),
National Park Service (Park Service), U.S. Department of the Interior (Interior), on behalf
of the Fish and Wildlife Service (FWS), and Andrew Everett, on behalf of the Bucks
Lake Homeowners Association, filed comments, recommendations, and preliminary
terms and conditions. The Forest Service and Interior filed timely notices of intervention.
The Water Board; American Whitewater and California Sportfishing Protection Alliance;
California DFW; and Andrew Everett, on behalf of the Bucks Lake Homeowners
Association filed timely motions to intervene. None of the intervenors oppose the
project. The licensees filed reply comments on November 19, 2018.
5. On June 14, 2019, Commission staff issued a draft environmental impact
statement (EIS), analyzing the effects of the project and alternatives to it, and setting a
deadline for comments of August 13, 2019. Commission staff held two meetings on
August 1, 2019, in Oroville, California to receive comments on the draft EIS. FWS, the
U. S. Environmental Protection Agency (EPA), American Whitewater, California DFW,
Interior, Forest Service, Water Board, and PG&E filed comments. Commission staff
considered all the comments when preparing the final EIS, which was issued on January
28, 2020.
4
Pacific Gas & Elec. Co, 43 FERC ¶ 62,136 (1988) (1988 Order).
5
Pacific Gas & Elec. Co., 52 FERC ¶ 61,017 (1990).
6
Section 15(a)(1) of the FPA, 16 U.S.C. § 808(a)(1), requires the Commission, at
the expiration of a license term, to issue from year-to-year an annual license to the then
licensee under the terms and conditions of the prior license until a new license is issued,
or the project is otherwise disposed of as provided in section 15 or any other applicable
section of the FPA.
7
83 Fed. Reg. 40,030 (Aug. 13, 2018).
Project No. 619-164 - 3 -
6. The motions and notices to intervene, comments, recommendations, and proposed
conditions have been fully considered in determining whether, and under what
conditions, to issue this license.
ProjectDescription
A. Project Area
7. The Bucks Creek Project occupies 3,148.2 acres located entirely within the
North Fork Feather River basin and the Bucks Creek, Grizzly Creek, and Milk Ranch
Creek Watersheds. Forest Service land in the area is used for recreation, timber
harvesting, and grazing.
8. Portions of the Bucks Creek Watershed and Milk Ranch Creek Watershed are
within the Bucks Lake Wilderness Area, a federally protected area managed for
8
recreation and wilderness preservation. Together with the Grizzly Creek Watershed, the
three watersheds drain approximately 86 square miles.
9
9. Elevations in the project area range from 1,600 feet to 7,076 feet. From the
project’s highest elevation at Three Lakes, Milk Ranch Creek flows approximately
four miles to the North Fork Feather River. From an elevation of approximately
6,300 feet, Bucks Creek flows approximately 15 miles through Bucks Lake and
Lower Bucks Lake before joining the North Fork Feather River. From an elevation of
5,300 feet, Grizzly Creek flows approximately 16 miles from its headwaters south of
Bucks Lake through Grizzly Forebay and into the North Fork Feather River.
B. Project Facilities
10. The project consists of two developments: the 65-MW Bucks Creek Development
and the 19.8-MW Grizzly Development. Collectively, these developments include four
dams (Three Lakes, Bucks Lake, Lower Bucks Lake, and Grizzly Forebay), four
reservoirs (Three Lakes, Bucks Lake, Lower Bucks Lake, and Grizzly Forebay), two
powerhouses (Bucks Creek and Grizzly powerhouses), two power tunnels (Grizzly
Forebay to Bucks Creek Powerhouse and Lower Bucks Lake to Grizzly Powerhouse
tunnels), and several recreation sites.
8
The current project boundary includes federally owned land (approximately 104
acres) within the Bucks Lake Wilderness Area. No project works are located within the
Bucks Lake Wilderness Area.
9
All elevations are referenced to mean sea level.
Project No. 619-164 - 4 -
Bucks Creek Development
11. The Bucks Creek Development, which was completed in 1928, includes Three
Lakes Dam and Reservoir, Milk Ranch Conduit, Bucks Lake Dam and Reservoir, Lower
Bucks Lake Dam and Reservoir, Bucks Creek Powerhouse, Grizzly Forebay Dam and
Reservoir, and Grizzly Forebay Tunnel.
Three Lakes Dam and Reservoir and Milk Ranch Conduit
12. At the project’s highest elevation, Three Lakes Dam, a rock-filled structure with a
height of 30 feet and a length of 584 feet, impounds the flow of Milk Ranch Creek,
10
forming Upper Lake, Middle Lake, and Lower Lake. These three hydraulically-
connected water bodies compose the 40-acre Three Lakes Reservoir, which has a total
storage capacity of 605 acre-feet at the normal maximum water surface elevation of
approximately 6,078 feet. There are no power generation facilities associated with Three
Lakes Dam and Reservoir.
13. Three Lakes Reservoir outflow is diverted from Milk Ranch Creek to Lower
Bucks Lake for generation at the Grizzly and Bucks Creek powerhouses via the Milk
Ranch Conduit, an 8.1-mile-long steel conduit with a maximum capacity of about 70
cubic feet per second (cfs). The Milk Ranch Conduit also collects and transports water
from several seasonally, spatially intermittent, ephemeral tributary streams within the
Milk Ranch Creek and the Bucks Creek watersheds.
Bucks Lake Dam and Reservoir
14. Bucks Lake Dam is a 123-foot-high, 1,320-foot-long, concrete-faced, rockfill dam,
which impounds Bucks Lake. Four primary streams, including Bucks Creek, which
extends approximately 5 miles upstream from the dam, flow into Bucks Lake. Total
storage capacity in the 1,827-acre reservoir is approximately 105,605 acre-feet at the
normal maximum water surface elevation of approximately 5,157 feet. Water released
from Bucks Lake Dam flows through two 30-inch-diameter, approximately 240-foot-long
riveted steel pipes into a short reach of Bucks Creek immediately downstream of the dam
before draining into Lower Bucks Lake. There are no power generation facilities
associated with Bucks Lakes Dam and Reservoir.
Lower Bucks Lake Dam and Reservoir
15. Lower Bucks Lake Dam is a 99-foot-high, 500-foot-long concrete arch dam. The
136-acre Lower Bucks Lake extends approximately 1.1 miles upstream from the dam and
has a total storage capacity of approximately 5,843 acre-feet at the normal maximum
water surface elevation of approximately 5,022 feet. Water from Lower Bucks Lake
10
Upper Lake is not influenced by Three Lakes Dam or project operation.
Project No. 619-164 - 5 -
Dam is released downstream into Bucks Creek or diverted to the Grizzly Development’s
Grizzly Powerhouse through the Grizzly Powerhouse Tunnel, described below.
Grizzly Forebay Dam and Reservoir
16. The Grizzly Forebay Dam is a 98-foot-high, 520-foot-long concrete arch dam,
which impounds the Grizzly Forebay, forming Grizzly Forebay Reservoir. Grizzly
Forebay Reservoir stores water from the Grizzly Development and Grizzly Creek, which
flows approximately 16 miles from its headwaters region just south of Bucks Lake
through Grizzly Forebay Reservoir and into the North Fork Feather River. The total
storage of the 38-acre reservoir is approximately 1,112 acre-feet at the normal maximum
water surface elevation of approximately 4,316 feet. There are no power generation
facilities associated with Grizzly Forebay Dam and Reservoir.
Grizzly Forebay Tunnel
17. From Grizzly Forebay, water is conveyed to the Bucks Creek Powerhouse through
the Grizzly Forebay Tunnel, which is 9,572 feet long and composed of two 4,786-foot-
long penstocks with a maximum flow capacity of 400 cfs.
Bucks Creek Powerhouse
18. The Bucks Creek Powerhouse is a 47-foot-long, 132-foot-wide, steel-frame and
reinforced concrete building located on the east bank of North Fork Feather River
approximately two miles downstream from Grizzly Forebay. The powerhouse contains
two double-overhung impulse turbines that each have a rated output of 40,000 horsepower
(hp). In addition, the powerhouse includes two revolving field generators with a combined
total maximum capacity of 65 MW. The normal maximum gross head of Bucks Creek
Powerhouse is 2,558 feet, producing an average annual generation of 223.6 gigawatt-hours
(GWh).
19. There are no project transmission lines at the Bucks Creek Powerhouse. Instead,
the powerhouse connects directly to an adjacent non-project switchyard that is part of the
regional transmission system.
20. Bucks Creek powerhouse releases all flow to the North Fork Feather River, one
mile upstream of Rock Creek Powerhouse, which is part of PG&E’s Rock Creek-Cresta
Hydroelectric Project (FERC Project No. 1962).
Project No. 619-164 - 6 -
Grizzly Development
21. The Grizzly Development is located downstream of Lower Bucks Lake and
11
upstream of the Bucks Creek Powerhouse. Completed in 1993, the Grizzly
Development is composed of the Grizzly Powerhouse Tunnel and the Grizzly
12
Powerhouse. The 12,320-foot-long, 11- to 14-foot-diameter Grizzly Powerhouse
Tunnel (including a 4,900-foot-long, 4.5- to 8-foot-diameter buried penstock) conveys
water from Lower Bucks Lake to Grizzly Powerhouse. The maximum flow capacity of
the tunnel is 400 cfs.
22. Grizzly Powerhouse is a 65-foot-long by 55-foot-wide, steel-frame and concrete
building that contains one vertical Francis turbine with a rated output of 19.8 MW and
13
one synchronous generator with a maximum capacity of 20 MW. The Grizzly
Powerhouse has an average annual generation production of 47.4 GWh, and it discharges
directly into the Grizzly Forebay.
23. Power from Grizzly Powerhouse is transmitted to the interconnected system via a
4.0-mile-long, 115-kV transmission line interconnecting the development to PG&E’s
14
non-project 230-kV Rock Creek-Cresta line.
24. A more detailed project description is contained in Ordering Paragraph (B)(2).
11
1988 Order, 43 FERC ¶ 62,136.
12
Prior to the construction of the Grizzly Powerhouse, the now operationally
abandoned Lower Bucks Lake Tunnel conveyed water from Lower Bucks Lake into
Grizzly Forebay along Grizzly Creek. The tunnel remains a project facility. 43 FERC ¶
62,136 and 52 FERC ¶ 61,019.
13
The installed capacity of the generating unit is the lesser of the two capacities,
which is 19.8 MW.
14
Following the Camp Fire in 2018, PG&E committed to permanently de-
energizing the Caribou-Palermo line, effectively taking the Grizzly powerhouse off the
grid. On November 24, 2020, the licensees filed an amendment application to change the
project’s transmission line route to reconnect the Grizzly powerhouse to the grid. By
order issued on April 22, 2021, Commission staff approved the licensees’ amendment
application. Pacific Gas & Elec. Co. &, 175 FERC ¶ 62,031 (2021).
Project No. 619-164 - 7 -
C. Project Recreation Sites and Facilities
25.The Bucks Creek Project includesrecreation sites with numerous recreation
facilities on Forest Service and PG&E land, including campgrounds, day use areas, trails
and trailheads, and boat launches around Three Lakes, Bucks Lake, Lower Bucks Lake,
and Grizzly Forebay. There are seven project recreation sites located at Bucks Lake.
Four of the sites are located on Forest Service land and are operated and maintained by
the Forest Service; Mill Creek Campground, Hutchins Group Campground Sandy Point
Day Use Area, and Sundew Campground. Two sites are located on Forest Service land
and are operated and maintained by the licensees; the Indian Rock Day Use Area and
West End Cove Day Use Area. There is one project recreation site at Bucks Lake,
Haskins Valley Campground, located on land owned by PG&E and operated and
maintained by the licensees.
26. There is one project recreation facility at Three Lakes, the Three Lakes Trailhead,
which is located on Forest Service land and is operated and maintained by the Forest
Service, and provides access to the Pacific Crest Trail.
27. There is one project recreation site at Lower Bucks Lake, the Lower Bucks Lake
Campground and Day Use Area, located on Forest Service land and operated and
maintained by the Forest Service.
28. There are five project recreation sites at Grizzly Forebay, located on Forest
Service land, and operated and maintained by the licensees. These include the Grizzly
Forebay Campground, Grizzly Forebay Trail, Grizzly Forebay Day Use Area, Grizzly
Forebay Gaging Station Trail, and Grizzly Powerhouse Fishing Access.
D. Project Boundary
29. The current project boundary encloses the project facilities listed above and
encompasses 3,148.2 acres, including approximately 1,539.5 acres of federal land.
30. As discussed below, the licensees propose to modify the project boundary to
include existing project features not currently encompassed by the project boundary and
to remove lands that no longer serve a project purpose.
E. Current Project Operation
31. The licensees operate the project’s two powerhouses on a peaking basis
throughout the year using the available water supply after satisfying minimum instream
flow requirements; output varies seasonally depending upon peak demand periods.
Project facilities normally generate their maximum electrical output during the spring
through fall months when system demand for peaking power increases. Peak energy
production for the project coincides with the peak runoff season, which generally occurs
Project No. 619-164 - 8 -
during the spring. Power generation may be lower in dry years to maintain reservoir
water levels. Bucks Creek Powerhouse produces an average of 223.6 GWh annually and
has a maximum hydraulic capacity of 384 cfs, and Grizzly Powerhouse produces an
average of 47.4 GWh annually and has a maximum hydraulic capacity of 395 cfs.
32. Operation of the Bucks Creek Project is coordinated with the operations of
PG&E’s three other FERC-licensed hydropower projects on the North Fork Feather River
to optimize the use of water. From upstream to downstream these projects are:
(1) Upper North Fork Feather River Project (FERC Project No. 2105); (2) Rock Creek-
Cresta Project (FERC Project No. 1962); and Poe Project (FERC Project No. 2107).
15
Bucks Creek powerhouse tailrace and streams affected by the Bucks Creek Project
(Milk Ranch Creek, Bucks Creek, and Grizzly Creek) enter the North Fork Feather River
within the Rock Creek Crest Project area.
33. The project has automatic operation capability via supervisory controls from
PG&E’s Rock Creek Powerhouse Switching Center. Powerhouse operations, minimum
instream flows, and reservoir levels are monitored and controlled 24 hours a day, 7 days a
week at the switching center.
34. Article 13 of the current license requires the licensees to provide the following
minimum flows: (1) below the Grizzly Forebay Dam release 4 cfs from May 1 through
October 31, 2 cfs from November 1 through April 30, and 2 cfs year-round during a
dry water year; and (2) below Lower Bucks Dam release 3 cfs from May 1 through
October 31, 1 cfs from November 1 through April 30, and 1 cfs year-round during a dry
16
water year.
F. Proposed Project Modifications
35. The licensees propose to install a Howell-Bunger valve at the end of the existing
low-level outlet of Bucks Lake Dam to release the proposed minimum instream flows
(ranging from 4 to 15 cfs) into Bucks Creek.
36. The licensees propose to cap or cover Milk Ranch Conduit Diversion No. 8 to
prevent diversion of water from Bear Ravine.
15
Bucks Creek powerhouse tailrace enters the North Fork Feather River between
Rock Creek reservoir and Cresta reservoir just upstream of the Rock Creek powerhouse.
16
See Pacific Gas & Elec. Co., 114 FERC ¶62,015 (2006) (2006 Order). The
2006 order amended the minimum streamflow requirements of Article 13 (see Pacific
Gas & Elec. Co, 52 FPC 1898 (1978).
Project No. 619-164 - 9 -
G. Proposed Operation and Environmental Measures
37.The licenseespropose to continue to operate the Bucks CreekProject as it does
currently except for the changes associated with the licensees’ proposed environmental
measures listed below.
38. To coordinate with other hydroelectric projects within the North Fork Feather
River watershed and simplify compliance and ensure operational consistency for instream
flows, the licensees propose to annually classify water-year type based on the California
Department of Water Resources forecast in order to determine the required
implementation of instream flows, channel maintenance flows, project reservoir
operations, and Milk Ranch Conduit bypass flows.
39. To protect or enhance aquatic habitat, the licensees propose to provide minimum
instream flows, by water-year type and month, in the following project reaches:
(1) Bucks Creek below Lower Bucks Lake Dam (ranging from 4 to 15 cfs), (2) Grizzly
Creek below Grizzly Forebay (ranging from 4 to 13 cfs), (3) Bucks Creek below Bucks
Lake Dam (3 cfs in all months regardless of water year type), (4) Milk Ranch Creek
downstream of Three Lakes (ranging from 0.25 cfs to the unimpaired inflow to the
reservoir), (5) Milk Ranch Creek at Milk Ranch Conduit Diversion No. 1 (ranging from
0.25 cfs or the natural inflow, whichever is less, to 2 cfs), and (6) South Fork Grouse
Hollow Creek at Milk Ranch Conduit Diversion No. 3 (0.5 cfs or natural inflow,
whichever is less).
40. To enhance aquatic habitat and riparian resources, the licensees propose to allow
unimpaired flow at two Milk Ranch Conduit diversions, Milk Ranch Creek (Diversion
No. 1) and North Fork Grouse Hollow Creek (Diversion No. 2), during Wet water years
rather than seasonally diverting flows into the conduit.
41. To maintain current channel and riparian habitat conditions, the licensees propose
to abandon in place six inoperable project diversions along the Milk Ranch Conduit.
42. To reduce the effects of flow fluctuations on fish habitat and breeding and rearing
foothill yellow-legged frogs, the licensees propose to gradually decrease powerhouse
load changes during managed spills and to schedule no outages longer than 2 weeks at
Bucks and Grizzly Powerhouses during April through July.
43. To protect or enhance riparian and instream habitat, the licensees propose to
provide the following channel maintenance flows: (1) in Normal and Wet water years,
release 200 to 300 cfs into Bucks Creek from Lower Bucks Creek Dam for a duration of
at least 18 hours if a release of that magnitude and duration has not occurred during the
previous 5 years; and (2) release 50 to 70 cfs in Grizzly Creek below Grizzly Forebay
Dam for a duration of at least 18 hours prior to April 15 if a spill of that magnitude and
duration has not occurred in the last 18 month.
Project No. 619-164 - 10 -
44. To prevent the dewatering of brook trout redds, the licensees propose to initiate
the annual operational drawdown of Three Lakes between August 15 and September 15.
45. To protect or enhance aquatic habitat and recreation access, the licensees propose
to continue to manage reservoir operations to maintain the following existing minimum
pool elevations: 4,966 feet at Lower Bucks Lake; 6,050 feet at Lower Lake; 6,057 feet at
Middle Lake; 4,303 at Grizzly Forebay; 5,080 feet at Bucks Lake in a Dry or Critically
Dry water year type; and 5,100 feet at Bucks Lake in a Wet or Normal water year type,
with the added limitation between June 1 and September 1 of no greater than 15 feet
below the June 1 water surface elevation.
46. To document compliance with streamflow and reservoir level requirements, the
licensees propose to implement a Streamflow and Reservoir Level Gaging Plan that
includes: (1) describing the gage locations and the maintenance, data collection/review,
and publication of records from the gages; (2) recording real-time streamflow data for the
reach of Grizzly Creek downstream from Grizzly Forebay Dam; (3) developing rating
curves for Milk Ranch Creek below Three Lakes Reservoir, Milk Ranch Creek at Milk
Ranch Conduit Diversion No. 1, and South Fork Grouse Hollow Creek at Milk Ranch
Conduit Diversion No. 3; and (4) installing and developing a rating curve for a Howell-
Bunger valve at the base of Bucks Lake Dam to provide and measure minimum instream
flow releases.
47. To enhance aquatic habitat downstream, the licensees propose to allow large
woody material to pass over Grizzly Forebay Dam and Lower Bucks Lake Dam during
spill events. To protect a road crossing over the spillway, wood at Bucks Lake Spillway
would be manually relocated to the Lower Bucks Lake Spillway.
48. To enhance trout spawning habitat and populations downstream of Lower Bucks
Dam and Grizzly Forebay Dam, the licensees propose to implement a Gravel Augmentation
Plan that includes the augmentation, monitoring, and maintenance of 37 cubic yards of
0.25- to 2.5-inch-diameter gravel in at least two locations in Bucks Creek downstream of
Lower Bucks Lake Dam spillway and in Grizzly Creek downstream of the Grizzly Creek
gaging weir.
49. To prevent the introduction and spread of aquatic invasive species on project land,
the licensees propose to implement an Aquatic Invasive Species (AIS) Management Plan
that includes: (1) implementing best management practices for project operation and
maintenance activities to prevent the introduction of AIS into project waters; (2) providing
education and outreach to improve awareness of AIS effects and management throughout
project waters; and (3) implementing a monitoring program (including incidental
observations during coordinated monitoring efforts) to ensure early detection of AIS.
Project No. 619-164 - 11 -
50. To improve fishing opportunities, the licensees propose to develop a fish stocking
plan for Bucks Lake, Grizzly Forebay, and Middle and Lower Lakes.
51. To protect water quality, the licensees propose to implement a Hazardous
Materials Management Plan that includes standard practices regarding the storage, use,
transport, and disposal of hazardous materials.
52. To document any long-term changes in resource conditions in order to facilitate
resource management, the licensees propose to implement an Aquatic Resources
Monitoring Plan that includes measures to monitor: (1) fish populations in Milk Ranch,
Bucks, and Grizzly Creeks downstream of project dams; (2) brook trout in Three Lakes;
(3) benthic macroinvertebrates and foothill yellow-legged frogs in project-affected
reaches of Bucks, Grizzly, and Milk Ranch Creeks; (4) water temperature in lower
portions of Milk Ranch Creek, Bucks Creek, and Grizzly Creek, upstream of the North
Fork Feather River; (5) water quality in recreational areas of Bucks Lake, Lower Bucks
Lake, Grizzly Forebay, and Three Lakes and Bucks Creek downstream of Lower Bucks
Lake; and, (6) stream channel morphology, large woody material, and riparian vegetation
in Bucks and Grizzly Creeks below Lower Bucks Lake Dam and Grizzly Dam,
respectively.
53. To protect special-status and native plants on project land, the licensees propose to
implement an Integrated Vegetation Management Plan that includes measures to:
(1) protect special-status plant populations and special-status natural communities;
(2) control of non-native invasive plants; and (3) guide routine vegetation management
and use of herbicides and pesticides to protect wildlife.
54. To protect bald eagles, the licensees propose to implement a Bald Eagle
Management Plan that includes monitoring the location of nest sites and breeding
productivity of eagles, and establishing nest management zones where protective
measures would be implemented to minimize disturbance to nesting eagles.
55. To protect breeding osprey, the licensees propose to conduct pre-disturbance
surveys for nesting osprey and establish protective buffers around documented active
nests when conducting potentially disruptive project-related activities (e.g., recreation
facility maintenance) during the osprey breeding season (March 15 to August 31).
56. To protect the California spotted owl and northern goshawk, the licensees propose
to: (1) avoid and/or limit identified disruptive operation and maintenance (O&M)
activities (e.g., helicopter use, tree felling, etc.) during the California spotted owl and
northern goshawk breeding seasons (March 1 to August 31 and February 15 to
August 31, respectively) within 0.25-mile protective buffers established around known
active nests and/or suitable habitat; and (2) conduct nesting surveys in the first year
following license issuance and every 7 years thereafter to determine changes to known
nesting locations and/or establishment of new territories.
Project No. 619-164 - 12 -
57. To minimize electrocution and collision hazards to raptors, the licensees propose
to: (1) evaluate, and upgrade if necessary, the existing project transmission line for
consistency with Avian Powerline Interaction Committee (APLIC) design standards;
(2) ensure all newly installed powerlines, poles, conductors, and other transmission
infrastructure conform to current APLIC guidelines throughout the term of the license;
and (3) record all incidental observations of bird electrocutions, collisions, and dead birds
found by project staff within the project boundary.
58. To protect nesting willow flycatchers, the licensees propose to limit potentially
disruptive project activities (e.g. helicopter use, recreational facility contruction, etc.)
within 350 feet of suitable nesting habitat during the species’ breeding season (June 1 to
August 31) .
59. To protect bats, the licensees propose to: (1) consult with a bat biologist prior to
project facility modifications and vegetation management activities throughout the
project area and prior to any loud/vibration O&M activities along Three Lakes Road or
Three Lakes dam to determine any needed measures to protect maternity colonies
composed of approximately 50 bats or more and colonies of any size if comprised of
special-status bat species; and (2) inspect project tunnels for bats prior to conducting
O&M activities in the winter and implement appropriate protective measures or a limited
operating period to protect hibernacula supporting approximately 50 or more bats and
colonies of any size comprised of special-status bat species.
60. To protect the federally endangered Sierra Nevada yellow-legged frog and its
critical habitat, the licensees propose to provide unimpaired flows to the Bear Ravine at
the project’s Milk Ranch Conduit Diversion No. 8 and implement the Sierra Nevada
Yellow-legged Frog Management Plan that includes measures to protect the Sierra
Nevada yellow-legged frog and its habitat during project operation and maintenance
activities in areas above 4,500 feet.
61. To enhance recreation opportunities, the licensees propose to implement a
Recreation Management Plan that includes: (1) installing informational and directional
signage, (2) replacing and adding site amenities, (3) reducing combustible vegetative
materials (i.e., living or dead brush, trees, or parts of trees), (4) constructing additional
parking, (5) constructing and upgrading boat ramps/launches, (6) maintaining and
improving trails, and (7) relocating and constructing additional campsites.
62. To protect environmental resources and project facilities, and to maintain public
access to recreation opportunities, the licensees propose to implement a Transportation
Management Plan that provides guidance for the rehabilitation and maintenance of
project roads.
Project No. 619-164 - 13 -
63. To protect environmental resources, project lands, and project facilities, the
licensees propose to implement a Fire Prevention and Response Plan that includes
procedures for fire prevention, reporting, and safe fire practices for project facilities.
64. To protect environmental resources and scenic quality, the licensees propose to
implement a Shoreline Management Plan (SMP) that addresses all shorelines within the
project boundary, and guides the use, occupancy, and management of shoreline
resources.
65. To protect scenic quality, the licensees propose to consult with the Forest Service
prior to painting the exterior of project facilities on Forest Service land to determine a
suitable paint color that minimizes the contrast between facilities and their surrounding
landscape.
66. To minimize future erosion and sedimentation as a result of ground-disturbing
activities from routine O&M, emergency actions, and planned projects associated with
specific resource plans within the project boundary, the licensees propose to implement
an Erosion Management Plan.
67. To protect cultural resources and historic properties, the licensees propose to
implement an Historic Properties Management Plan (HPMP).
Summary of License Requirements
68. This license, which authorizes 84.8 MW of renewable energy generation capacity,
requires most of the proposed measures listed above, the Water Board’s water quality
certification conditions (Appendix A), the Forest Service’s section 4(e) conditions
(Appendix B), the incidental take terms and conditions of the biological opinion (BO)
submitted by the FWS (Appendix C), and the staff-recommended modifications and
additional measures described below. Combined, these measures will protect or enhance
water quality, fish, wildlife, recreation, and cultural resources at the project.
69. To protect the federally endangered Sierra Nevada yellow-legged frog during
reconstruction of the boat ramp and parking lot at the Haskins Valley Boat Launch, the
license requires the licensees to continue to implement the conservation measures filed on
April 13, 2021, as part of their biological assessment (BA).
70. To ensure the project boundary encloses all lands and waters necessary for the
operation and maintenance of the project, and to address potential discrepancies between
the proposed project boundary and the conceptual locations of the proposed Bucks Lake
Shoreline Trail and the proposed relocated Lower Bucks Lake Campground, the license
requires the licensees to revise the project boundary to include these facilities upon
completion of their construction.
Project No. 619-164 - 14 -
71. To protect cultural resources and historic properties at the project, the license
requires the licensees to implement a HPMP filed on August 15, 2019, in accordance
with the programmatic agreement (PA) executed for the project on October 13, 2021.
Water Quality Certification
17
72. Under section 401(a)(1) of the Clean Water Act (CWA), the Commission may
not issue a license authorizing the construction or operation of a hydroelectric project
unless the state water quality certifying agency either has issued water quality
certification (certification) for the project or has waived certification by failing to act on a
request for certification within a reasonable period of time, not to exceed one year.
Section 401(d) of the CWA provides that the certification must become a condition of
18
any federal license that authorizes construction or operation of the project.
73. On August 14, 2018, the licensees applied to the Water Board for a section 401
water quality certification for the project. The Water Board received the application on
the same day. On October 5, 2018, the Water Board provided preliminary certification
conditions for the license application. On August 13, 2019, the Water Board denied,
without prejudice, the licensees’ application for water quality certification. On
October 23, 2019, the licensees submitted to the Water Board their second request for
water quality certification for the project. On October 23, 2020, the Water Board issued a
certification to the licensees with 50 conditions, which are set forth in Appendix A of this
order and incorporated into the license by Ordering Paragraph (D).
74. Twenty-seven of the Water Board’s conditions (conditions 22, and 25–50) are
19
general or administrative in nature. Three of those 27 conditions (10, 35, and 43) are
discussed in the following paragraphs and the other 24 are not discussed further.
75. The remaining 23 conditions require the licensees to: (1) provide the following
minimum instream flows: (a) 4 to 15 cfs depending on water year type and month to
17
33 U.S.C. § 1341(a)(1).
18
Id. § 1341(d).
19
Condition 47 conditions certification upon total payment of any fee required
under California Code of Regulations, title 23, division 3, chapter 28. Because the
funding measure would result in charges arising from the license being paid to the state
and not into the U.S. Treasury, the measure is contrary to the express terms of the FPA
and the Commission cannot enforce it. Therefore, Ordering Paragraph (D) states that this
funding measure is unenforceable.
Project No. 619-164 - 15 -
Bucks Creek below Lower Bucks Lake Dam; (b) 4 to 13 cfs depending on water year type
and month to Grizzly Creek below Grizzly Forebay; (c) 3 cfs in all months regardless of
water year type to Bucks Creek below Bucks Lake Dam; (d) 0.25 cfs to unimpaired inflow
into Three Lakes to Milk Ranch Creek downstream of Three Lakes; (e) 0.25 cfs or the
natural inflow, whichever is less, up to 2 cfs to Milk Ranch Creek at Milk Ranch Conduit
Diversion No. 1; and (f) 0.5 cfs or natural inflow, whichever is less to South Fork Grouse
Hollow Creek at Milk Ranch Conduit Diversion No. 3; (condition 1); (2) cap the pipe inlet
at Milk Ranch Conduit Diversion No. 8 to permanently cease diversions from Bear Ravine
(condition 2); (3) annually draw down Three Lakes to reach a minimum surface elevation
of 6,050 feet by September 15 (condition 3); (4) provide spill for channel maintenance
flows in wet and normal water years to Bucks Creek below Lower Bucks Lake Dam and
Grizzly Creek below Grizzly Forebay Dam (condition 4); (5) maintain the following
minimum pool elevations: (a) 4,966 feet at Lower Bucks Lake; (b) 6,050 feet at Lower
Lake; (c) 6,057 feet at Middle Lake; (d) 4,303 at Grizzly Forebay; (e) in a Dry or
Critically Dry water year type, 5,080 feet at Bucks Lake; and (f) in a Wet or Normal water
year type, 5,100 feet at Bucks Lake, and not exceed 15 feet below the water surface
elevation as of June 1 between June 1 and September 1 each year (condition 5); (6)
implement ramping rate and spill management criteria to minimize project-related
fluctuations in affected river reaches (e.g., below Grizzly Forebay and Lower Bucks Dam)
and coordinate spill management with the Rock Creek-Cresta Project (condition 6); (7)
annually determine water year type to be used for the implementation of instream flows,
channel maintenance flows, project reservoir operations, and Milk Ranch Conduit bypass
flows in wet water years (condition 7); (8) leave six diversions inoperable and in place
(nos. 1, 4, 5, 6, 7, and 8) along Milk Ranch Conduit to maintain current channel and
riparian conditions (condition 8); (9) cease diversions at Milk Ranch Conduit diversions
(nos. 1 and 2) and release unimpaired flow to Milk Ranch Creek during wet water years
(condition 9); (10) allow large woody material to pass over Grizzly Forebay Dam and
Lower Bucks Lake Dam during spill events and manually relocate wood at Bucks Lake
Spillway to the Lower Bucks Lake Spillway (condition 10); (11) develop a fish stocking
plan to stock trout in project waters (condition 11); (12) implement the proposed Bucks
Lake Shoreline Management Plan (condition 12); (13) implement the proposed
Streamflow and Reservoir Level Gaging Plan (condition 13); (14) implement the proposed
Gravel Augmentation Plan (condition 14); (15) implement the proposed Aquatic
Resources Monitoring Plan (condition 15); (16) implement the proposed Sierra Nevada
Yellow-legged Frog Management Plan (condition 16); (17) implement the proposed
Aquatic Invasive Species Management Plan (condition 17); (18) implement the proposed
Integrated Vegetation Management Plan (condition 18); (19) implement the proposed
Hazardous Materials Management Plan (condition 19); (20) implement the proposed
Erosion Management Plan (condition 20); (21) implement the proposed Recreation
Management Plan (condition 21); (22) submit a dewatering and diversion plan prior to
commencing any work that requires a water diversion or in-water work below the
maximum water surface elevation or high water mark (condition 23); and (23) in the event
Project No. 619-164 - 16 -
of extremely dry years, request a modification of instream flow, water surface elevation,
and related requirements and submit a proposed revised operations plan (condition 24).
76. Conditions 35 and 43 contemplate changes to the project over the course of the
license term. Condition 35 requires the licensee to submit any change to the project that
may have a significant or material effect on the findings, conclusions, or conditions of
certification to the Water Board for prior review and approval. Condition 43 requires that
activities associated with operation and maintenance of the project that threaten or
potentially threaten water quality shall be subject to further review by the Deputy
Director and Executive Officer of the Central Valley Regional Board. Because the
Commission retains jurisdiction over project operations throughout the term of a license,
the Commission must authorize amendments and material changes to the project.
Article 401(g) requires Commission approval of such changes before implementation.
Woody Material Management Plan
77. Condition 10 requires woody material management measures that include
provisions to pass large woody material over Grizzly Forebay Dam spillway and Lower
Bucks Lake Dam spillway during spill events, relocate woody material collecting near
Bucks Lake spillway to Lower Bucks Lake spillway (or transport wood offsite if site
conditions preclude placement and passage of wood on Lower Bucks Lake spillway),
mechanically remove woody material from the reservoir when spill events and channel
maintenance flows are insufficient to pass woody material at Grizzly Forebay Dam and
Lower Bucks Lake Dam, and allow all sizes of woody material and attached root wads to
pass downstream of the dams. For any woody material that cannot be passed
downstream of project dams, condition 10 requires the licensees to consult with resource
agencies to determine appropriate methods for removal, transport, and/or disposal.
78. The final EIS recommended woody material management measures required by
condition 10 to pass large woody material over the project spillways because the
measures would facilitate the natural movement of material through Bucks Creek and
Grizzly Creek, would help prevent damage to the culvert located between Bucks Lake
and Lower Bucks Lake, and would benefit aquatic habitat diversity and benthic
macroinvertebrate production in the reaches downstream of the dams that have either low
existing levels of large woody material (Grizzly Creek) or small sizes of such material
(both Bucks Creek and Grizzly Creek).
79. Woody debris is typically removed from project reservoirs on a routine basis and
in a timely manner to avoid clogging of spillways and outlets in order to maintain dam
safety. After the final EIS was issued, Commission dam safety staff concluded that
passing LWM over the Grizzly Forebay Dam and Lower Bucks Lake Dam spillways
during spill events could affect project operation and safety because the accumulated
woody debris could reduce the spillways’ capacities. Such effects could also apply to
Project No. 619-164 - 17 -
downstream project dams (e.g., Lower Bucks Lake Dam Emergency Spillway), as well as
other dams associated with other downstream hydroelectric projects owned by PG&E
(i.e., P-1962 Cresta and P-2107 Poe (including Big Bend dam)).
80. In response to an August 24, 2021 additional information request concerning dam
safety, PG&E, by letter filed on November 4, 2021, concurred that condition 10 has the
potential to adversely affect the spillway capacities of the Bucks Creek Project dams and
dams associated with PG&E’s downstream hydroelectric projects. PG&E noted that the
possible effects of spillway blockage during a major flood include overtopping of the
dam, erosion of the abutments and foundation, and dam failure.
81. The consultation provisions in condition 10 provide an avenue for the licensee and
resource agencies to achieve the dual goals of addressing staff’s dam safety concerns and
enhancing aquatic habitat conditions in Grizzly Creek and Bucks Creek before
implementation of woody material management begins under the new license. Consistent
with condition 10, Forest Service 4(e) condition 40 requires the licensees, in consultation
with the the resource agencies, to develop a woody material passage plan that assesses
and determines the appropriate methods and timing for the collection, removal, transport,
and/or disposal of woody material at the project dams and spillways. Article 401 requires
the licensees to also consult with the Commission’s dam safety staff in the development
of the plan and provide documentation from the licensee’s Chief Dam Safety Engineer
that the plan will not result in adverse effects on dam safety.
Coastal Zone Management Act
20
82. Under section 307(c)(3)(A) of the Coastal Zone Management Act (CZMA),the
Commission cannot issue a license for a project within or affecting a state’s coastal zone
unless the state’s CZMA agency concurs with the license applicant’s certification of
consistency with the state’s CZMA program, or the agency’s concurrence is conclusively
presumed by its failure to act within six months of its receipt of the applicant’s
certification.
83. In a letter filed May 22, 2018, as an appendix to the license application, the
California Coastal Commission stated that the project is located outside of, and would not
affect, California’s federally approved coastal zone, and therefore did not require a
CZMA consistency review. Therefore, a CZMA consistency review is not required.
Section 4(e) of the FPA
84. Section 4(e) of the FPA provides that the Commission can issue a license for a
project located within a federal reservation only if it finds that the license will not
interfere or be inconsistent with the purpose for which the reservation was created or
20
16 U.S.C. § 1456(c)(3)(A).
Project No. 619-164 - 18 -
acquired. As noted above, the Bucks Creek Project occupies land within the Plumas
National Forest.
21
85. Commission staff has reviewed the Organic Administration Act of 1897,
which
established the purposes for forest reservations, and the presidential proclamation(s) that
22
created (and expanded) the Plumas National Forest.There is no evidence or allegation
in this proceeding to indicate that relicensing the Bucks Creek Project will interfere with
the purposes of the Plumas National Forest. Therefore, this license, as conditioned, will
not interfere or be inconsistent with the purposes for which the Plumas National Forest
was created.
86. FPA section 4(e) further requires that Commission licenses for projects located
within federal reservations include conditions that the Secretary of the department under
whose supervision the reservation falls shall deem necessary for the adequate protection
and utilization of such reservation.
87. On March 17, 2022, the Forest Service filed revised final section 4(e) conditions
for the project. These conditions are set forth in Appendix B of this order and
incorporated into the license by Ordering Paragraph (E).
88. Twenty-eight of the Forest Service’s 62 conditions (conditions 1-21, and 23-29)
are administrative in nature and are not discussed further. The remaining 34 conditions
require the licensees to: (1) implement the proposed Hazardous Materials Management
Plan (condition 22); (2) annually determine water year types pertaining to project reaches
and reservoirs (condition 30); (3) maintain minimum instream flows for Bucks Creek,
Grizzly Creek, Milk Ranch Creek, and South Fork Grouse Hollow Creek (condition 31);
(4) provide full natural flow in Bear Ravine at Milk Ranch Conduit Diversion No. 8
(condition 32); (5) provide full natural flow in Wet water years at Milk Ranch Conduit
Diversion No. 1 and No. 2 (condition 33); (6) provide channel maintenance flows in Wet
and Normal water years for Bucks Creek and Grizzly Creek (condition 34); (7) adhere to
specified spill management requirements at Grizzly Forebay and Lower Bucks Lake
23
(condition 35); (8) maintain certain minimum reservoir pool elevations at project
21
16 U.S.C. § 473 et seq.
22
The Plumas Forest Reserve was created by presidential proclamation approved
March 27, 1905 (33 Stat. 2992), and expanded by subsequent presidential proclamations
and executive orders. At the time these national forests were established, the Organic
Administration Act of 1897, 16 U.S.C. § 475, stipulated that all national forest lands were
established and administered only for watershed protection and timber production.
23
These reservoir elevations are consistent with the elevations specified in
certification condition 5 described above in the Water Quality Certification section of this
Project No. 619-164 - 19 -
reservoirs (condition 36); (9) conduct annual reservoir drawdowns at Three Lakes
(condition 37); (10) manage diversion along Milk Ranch Creek conduit for safety and
aesthetics (condition 38); (11) implement the proposed Streamflow and Reservoir Gaging
Plan (condition 39); (12) develop a woody material passage plan (condition 40); (13)
implement the proposed Gravel Augmentation Plan (condition 41); (14) implement the
proposed Sierra Nevada Yellow-legged Frog Management Plan (condition 42); (15)
implement the proposed Aquatic Resources Monitoring Plan (condition 43); (16)
implement the proposed AIS Management Plan (condition 44); (17) implement the
proposed Integrated Vegetation Management Plan (condition 45); (18) evaluate the
transmission line for consistency with APLIC guidance and retrofit or replace
transmission line structures and develop a raptor protection plan that outlines the design
of any proposed modifications, if necessary (condition 46); (19) implement the proposed
Bald Eagle Management Plan (condition 47); (20) conduct osprey nesting surveys before
construction and establish protective buffers around active nests (condition 48); (21)
conduct periodic northern goshawk and California spotted owl nesting surveys (condition
49); (22) establish protective buffers around documented California spotted owl and
northern goshawk nests during their breeding seasons (condition 50); (23) avoid
conducting project-related activities during the willow flycatcher breeding season within
buffer zones around suitable nesting habitat (condition 51); (24) consult with a bat
biologist prior to structural modification of project facilities and vegetation management
activities (condition 52); (25) consult with a bat biologist prior to implementing
loud/vibrating activities at Three Lakes dam or along Three Lakes Road (condition 53);
(26) inspect project tunnels for bats prior to O&M activities in the winter and implement
protective measures, if necessary (condition 54); (27) implement the proposed Recreation
Management Plan (condition 55); (28) implement the proposed Bucks Lake Shoreline
Management Plan (condition 56); (29) consult with the Forest Service prior to painting
the exterior of project facilities (condition 57); (30) implement the proposed Historic
Properties Management Plan (condition 58); (31) implement the proposed Transportation
Management Plan (condition 59); (32) implement the proposed Erosion Management
Plan (condition 60); (33) implement the proposed Fire Prevention and Response Plan
(condition 61); and, (34) develop a revised operations plan (condition 62).
89. As discussed further below, in the final EIS Commission staff did not recommend
Condition 43 and recommended modification of Condition 62.
A. Aquatic Resources Monitoring Plan
90. Condition 43 requires the licensees to implement the Aquatic Resources
Monitoring Plan that includes provisions to monitor general aquatic resource conditions
in the project area (i.e., water temperature/water quality, stream fish, Three Lakes brook
order. Supra P 76.
Project No. 619-164 - 20 -
trout, BMI, foothill yellow-legged frogs, stream channel morphology, large woody
material, and riparian vegetation). Except for the provision requiring gravel monitoring
in Bucks Creek downstream of Lower Bucks Lake Dam spillway and in Grizzly Creek
downstream of the Grizzly Creek gaging weir, the final EIS did not recommend this
measure because the monitoring is general in nature and not tied to specific project-
related actions or implementation of specific project-related environmental measures. It
also does not provide for specific, project-related implementable actions based on the
results of the monitoring. The monitoring plan also does not differentiate between the
effects of project-related activities, and non-project related actions or stressors that could
act on the fish and wildlife populations, and therefore, project-related effects on the
populations would not be isolated from non-project effects.
91. The final EIS recommended the gravel monitoring component of the Aquatic
Resources Monitoring Plan because gravel monitoring would provide data on how
spawning-sized gravel is carried downstream from the gravel augmentation sites and
inform whether additional gravel needs to be added in subsequent years to maintain the
37 cubic yard target as specified in the Gravel Augmentation Plan required by condition
41. The gravel monitoring is directly related to implementing a required gravel
augmentation measure, and therefore, would provide a specific, project-related benefit.
Nevertheless, the entirety of Forest Service condition 43 requiring general aquatic
resource monitoring in the project area is included in this license because it is mandatory
under section 4(e) of the FPA.
B. Drought Management Plan
92. Condition 62 requires the licensees to develop a drought management plan to
protect beneficial uses of water when the water supply inhibits the licensees from
adhering to the required reservoir minimum pool or minimum instream flow
requirements. The plan would establish thresholds for requests for deviations,
consultation requirements, timing, public participation, and monitoring and reporting. In
addition, for project areas that have experienced multiple consecutive Dry and/or
Critically Dry years, condition 62 outlines a process for the licensees to develop a
temporary revised operations plan.
93. Defining drought in the Bucks Creek Project area based on local metrics would
provide a relevant basis and evaluation criteria for drought management options within
Bucks, Grizzly, and Milk Ranch Creeks. As a result, a localized definition of drought
would better protect resources susceptible to the effects of project operation during
drought conditions. Therefore, the final EIS recommended that the drought management
plan define drought conditions based on available data specific to the project, rather than
regional or state-wide proclamations, to ensure modifications to operations during
extended low-water periods are only implemented as necessary and in a manner that
Project No. 619-164 - 21 -
would protect aquatic resources. Nevertheless, Forest Service condition 62 is included in
this license because it is mandatory under section 4(e) of the FPA.
Section 18 Fishway Prescriptions
24
94. Section 18 of the FPA provides that the Commission must require the
construction, maintenance, and operation by a licensee of such fishways as may be
prescribed by the Secretary of the Interior or the Secretary of Commerce, as appropriate.
95. On October 3, 2018, the FWS requested that the Commission reserve authority to
prescribe fishways. Consistent with Commission policy, Article 402 of the license
reserves the Commission’s authority to require fishways that may be prescribed by the
Secretary of the Interior for the Bucks Creek Project.
Threatened And Endangered Species
25
96. Section 7(a)(2) of the Endangered Species Act of 1973 (ESA) requires federal
agencies to ensure that their actions are not likely to jeopardize the continued existence of
federally listed threatened and endangered species, or result in the destruction or adverse
modification of designated critical habitat.
97. The California red-legged frog potentially occurs in the project area and the
endangered Sierra Nevada yellow-legged frog and its critical habitat is known to occur in
26
the project vicinity, as documented by surveys conducted in 2017. In the final EIS,
27
staff found that the project is outside the known range of the threatened delta smelt.
Field surveys conducted by the licensees found no suitable habitat for the California red-
28
legged frog in the project area, and no individuals were observed.Based on this
information, staff concluded that the project would have no effect on the threatened delta
24
16 U.S.C. § 811.
25
16 U.S.C. § 1536(a).
26
See Interior’s updated official list of threatened and endangered species,
accessed by Commission staff using the IPaC database (http://ecos.fws.gov/ipac/) and
placed in the public record for this proceeding on June 17, 2021.
27
Final EIS at 1-5.
28
Final EIS at 3-163 – 3-164.
Project No. 619-164 - 22 -
smelt and California red-legged frog, and no further action under the ESA is required for
these species.
98. In the draft EIS, Commission staff determined that the project may affect, but is
not likely to adversely affect the Sierra Nevada yellow-legged frog and its designated
29
critical habitat.By letter filed June 27, 2019, FWSstated that it was unable toconcur
with Commission staff’s effects determination, finding that some level of take from
30
maintenance activities would occur outside the proposed 107-foot protective buffers.
Consequently, FWS requested that the Commission initiate formal consultation for the
Sierra Nevada yellow-legged frog. In the same letter, FWS stated that the licensees had
indicated to FWS their intention to seek take coverage for the frog under the ESA. By
letter filed August 21, 2019, staff initiated formal consultation with FWS on the Sierra
Nevada yellow-legged frog.
99. On December 26, 2019, FWS issued a biological opinion (BO) concluding that the
project is not likely to jeopardize the continued existence of the Sierra Nevada yellow-
legged frog or destroy or adversely modify its critical habitat. The BO includes an
incidental take statement with two reasonable and prudent measures to minimize take of
the Sierra Nevada yellow-legged frog, as well as terms and conditions to implement the
measures. The reasonable and prudent measures require the licensees to: (1) implement
all conservation measures listed in the BO and described in the April 4, 2019 Biological
Assessment and (2) ensure that all personnel associated with project activities are aware
of the conservation measures and the responsibility to fully implement them. The
conservation measures described in the BO include implementing the proposed: (1)
Sierra Nevada Yellow-legged Frog Management Plan; (2) increased, minimum instream
flows for all major project waterways; (3) unimpaired flows in Bear Ravine at Milk
Ranch Conduit Diversion No. 8; (4) channel maintenance flows in Bucks Creek below
Lower Bucks Lake and in Grizzly Creek below Grizzly Forebay; (5) ramping rates for
managed spills at Grizzly Forebay Dam or Lower Bucks Lake Dam; (6) natural flows of
Milk Ranch Creek and North Fork Grouse Hollow Creek, annually from April 1 to
August 15; (7) annual employee training; (8) establishment of an Ecological Consultation
Group; (9) passage of large woody material over project dams during spill events; and
(10) the Aquatic Invasive Species Management Plan.
100. The terms and conditions, which implement the reasonable and prudent measures,
require the licensees to implement measures concerning the qualification of biologists
29
Draft EIS at 1-5 – 1-6.
30
The buffer of 107 feet was proposed by licensees in their Biological Assessment
filed April 4, 2019.
Project No. 619-164 - 23 -
conducting monitoring and surveys or handling Sierra Nevada yellow-legged frog, and
includes procedures for amphibian rescue during road maintenance including
decontamination and reporting protocols. The terms and conditions are included in
Appendix C and are made part of this license in Ordering Paragraph (F).
31
101. The BO also included a discretionary conservation recommendationthat the
Commission work with the licensees to support the persistence and recovery of the Sierra
Nevada yellow-legged frog, as identified in the 2018 Interagency Conservation Strategy
for the Mountain Yellow-legged Frogs in the Sierra Nevada. These actions include:
(1) direct restoration of habitat that allows for the persistence of local frog populations as
well as re-establishing frogs in nearby areas; (2) management activities designed to avoid
further habitat fragmentation and population isolation, avoid disease transmission, and
minimize environmental stressors that might interact with pathogens to exacerbate their
effects; and (3) high-priority research questions. In the final EIS, staff did not
recommend the measures because they lack specificity, and are not specifically connected
32
to a project effect.
Mitigation for Reconstruction of the Haskins Valley Boat Launch
102. On April 13, 2021, the licensees filed a letter requesting the Commission’s
authorization to begin reconstructing the existing boat ramp and parking lot at the
Haskins Valley Boat Launch after issuance of the final EIS. With its letter, the licensees
included a BA that evaluated potential effects on the endangered Sierra Nevada yellow-
legged frog and its critical habitat. The BA also included 18 general measures and 15
conservation measures to minimize effects to the listed frog. On July 19, 2021,
Commission staff requested FWS’ concurrence that the proposed action with the included
conservation measures may affect, but is not likely to adversely affect the Sierra Nevada
yellow-legged frog and its critical habitat. On August 11, 2021, FWS concurred with
Commission staff’s effects determination. On October 21, 2021, the Commission’s
Division of Dam Safety and Inspections issued a letter approving the requested
construction and requiring the licensees to implement the conservation measures.
Article 403 of this license requires the licensees to continue to implement the Sierra
31
The consultation procedures outlined in the joint regulations for FWS and the
National Marine Fisheries Service concerning interagency cooperation under the ESA
provide that FWS may provide discretionary conservation recommendations with the
biological opinion. 50 C.F.R. 402.14 (2021) (“Conservation recommendations are
advisory and are not intended to carry any binding legal force.”).
32
Final EIS at 5-13.
Project No. 619-164 - 24 -
Nevada yellow-legged frog conservaton measures during the reconstruction of the boat
ramp and parking lot.
Historic And Cultural Resources
A. National Historic Preservation Act
33
103. Under section 106 of the National Historic Preservation Act (NHPA), and its
34
implementing regulations, federal agencies must take into account the effect of any
proposed undertaking on properties listed or eligible for listing in the National Register of
Historic Places (National Register), defined as historic properties, and afford the
Advisory Council on Historic Preservation a reasonable opportunity to comment on the
undertaking. This process generally requires the Commission to consult with the State
Historic Preservation Officer (SHPO) to determine whether and how a proposed action
may affect historic properties, and to seek ways to avoid or minimize any adverse effects.
104. On January 14, 2014, Commission staff designated the licensees as its non-federal
representative for the purposes of conducting section 106 consultation under the NHPA.
Pursuant to section 106, and as the Commission’s designated non-federal representative,
the licensees initiated consultation with the California SHPO, to identify historic
properties within the project’s area of potential effects (APE).
105. The licensees identified 66 archaeological sites within the project’s APE. Of these
sites, 10 are eligible for the National Register, and 35 are unevaluated. In consultation
with 20 Tribal individuals, the licensees also identified 11 ethnographic/ethnohistoric
sites, of which 4 are considered eligible for the National Register, pending further
documentation, and one remains unevaluated and found to be outside of the project’s
APE. In the final EIS, staff concluded that based on the information provided by the
licensees, and in their consultations with the California SHPO, project-related operations,
maintenance, or other land-disturbing activities could adversely affect historic properties.
To resolve any project-related adverse effects, and the licensees developed an HPMP in
consultation with the California SHPO, Forest Service, and involved Tribes.
106. To satisfy responsibilities under section 106, the Commission executed a
Programmatic Agreement (PA) with the California SHPO and Advisory Council on
35
Historic Preservation (ACHP), and invited PG&E, the City of Santa Clara, the Forest
33
54 U.S.C. § 306108.
34
36 C.F.R. pt. 800 (2019).
35
The ACHP joined the PA as a signatory due to its participation in the
consultation to resolve an impasse with the California SHPO to execute the PA (See
Project No. 619-164 - 25 -
Service (Plumas National Forest), the Susanville Indian Rancheria, Greenville Rancheria,
the Maidu Summit Consortium, and the Tasmam Koyom Mountain Maidu Tribal
Organization to concur with the stipulations of the PA. The PA requires the licensees to
implement a final HPMP for the term of any new license issued for the project.
Execution of the PA demonstrates the Commission’s compliance with Section 106 of the
National Historic Preservation Act. Article 404 of this license requires the licensees to
implement the PA and associated HPMP.
B.Tribal Consultation
107. For the Bucks Creek Hydroelectric Project relicensing, the Commission sought to
initiate consultation with seven Tribes (Mechoopda Indian Tribe, Tyme Maidu Tribe –
Berry Creek Rancheria, Susanville Indian Rancheria, Washoe Tribe of Nevada and
California, Estom Yumeka Tribe – Enterprise Rancheria, Maidu Summit Consortium,
36
and the Concow Maidu Tribe – Moortown Rancheria). Four Tribes (the Susanville
37
Rancheria, the Greenville Rancheria, Maidu Summit Consortium, and Tasmam Koyom
Mountain Maidu Tribal Organization) participated in the licensing process and were
invited to sign the PA as concurring parties. During the licensing process from 2014 to
2017, Commission staff also participated with the Tribes in cultural resources work
groups sponsored by PG&E that were also attended by the California SHPO and the
Forest Service.
Environmental Justice
108. The Commission follows Executive Order 12898, which directs federal agencies
to identify and address “disproportionately high and adverse human health or
environmental effects” of their actions on minority and low-income populations (i.e.,
38
environmental justice communities). Executive Order 14008 also directs agencies to
previous Commission attempts to issue a final PA, seeking the California SHPO’s
signature, and request for ACHP participation, in letters issued January 29, 2021, April 8,
2021, and September 14, 2021).
36
In letters issued by the Commission on December 12, 2013.
37
The Maidu Summit Consortium is an intertribal organization that includes
representatives from the Greenville Rancheria, Maidu Cultural and Development Group,
Maiduk We’ye, Mountain Maidu Preservation Association, Roundhouse Council,
Susanville Rancheria, Tasman Kojom Foundation, Tsi-Akim Maidu, and United Maidu
Nation.
38
Exec. Order No. 12,898, 59 Fed. Reg. 7629 (Feb. 16, 1994). While the
Commission is not one of the specified agencies in Executive Order 12898, the
Project No. 619-164 - 26 -
develop “programs, policies, and activities to address the disproportionately high and
adverse human health, environmental, climate-related and other cumulative impacts on
disadvantaged communities, as well as the accompanying economic challenges of such
39
impacts.” Environmental justice is “the fair treatment and meaningful involvement of
all people regardless of race, color, national origin, or income with respect to the
development, implementation, and enforcement of environmental laws, regulations, and
40
policies.”
4142
109. Consistent with CEQand EPAguidance, Commission staff considers:
(1) whether environmental justice communities (e.g., minority or low-income
43
populations)exist in the project area; (2) whether impacts on environmental justice
communities are disproportionately high and adverse; and (3) what mitigation measures
Commission nonetheless addresses environmental justice in its analysis, in accordance
with our statutory duties.
39
Exec. Order No. 14,008, 86 Fed. Reg. 7619 (Feb. 1, 2021). The term
“environmental justice community” includes disadvantaged communities that have been
historically marginalized and overburdened by pollution. Id. at 7619, 7629. The term
also includes, but may not be limited to, minority populations, low-income populations,
or indigenous peoples. See EPA, EJ 2020 Glossary (Sep. 7, 2021),
https://www.epa.gov/environmentaljustice/ej-2020-glossary.
40
EPA, Learn About Environmental Justice,
https://www.epa.gov/environmentaljustice/learn-about-environmental-
justice#:~:text=Environmental%20justice%20(EJ)%20is%20the,environmental%20laws
%2C%20regulations%20and%20policies.
41
CEQ, Environmental Justice: Guidance Under the National Environmental
Policy Act 4 (Dec. 1997) (CEQ’s Environmental Justice Guidance),
https://www.energy.gov/sites/default/files/nepapub/nepa_documents/RedDont/G-CEQ-
EJGuidance.pdf.
42
See generally EPA, Promising Practices for EJ Methodologies in NEPA
Reviews (Mar. 2016) (Promising Practices), https://www.epa.gov/sites/default/files/2016-
08/documents/nepa_promising_practices_document_2016.pdf.
43
See generally Exec. Order No. 12,898, 59 Fed. Reg. 7629 (Feb. 16, 1994).
Minority populations are those groups that include: American Indian or Alaskan Native;
Asian or Pacific Islander; Black, not of Hispanic origin; or Hispanic. CEQ’s
Environmental Justice Guidance at 25.
Project No. 619-164 - 27 -
might be needed. Following the recommendations set forth in Promising Practices, the
Commission uses the 50% and the meaningfully greater analysis methods to identify
44
minority populations. Using this methodology, minority populations have been defined
as where either: (1) the aggregate minority population of the block groups in the affected
area exceeds 50%; or (2) the aggregate minority population in the block group affected is
45
10% higher than the aggregate minority population percentage in the county.
110. CEQ’s Environmental Justice Guidance also recommends that low-income
populations to be identified based on the annual statistical poverty thresholds from the
46
U.S. Census Bureau. Using Promising Practices’ low-income threshold criteria
method, low-income populations are identified as block groups where the percent of low-
income population in the identified block group is equal to or greater than that of the
47
county.
111. To identity potential environmental justice communities for the analysis presented
48
here, Commission staff used 2019 U.S. Census American Community Survey datafor
49
the race, ethnicity, and poverty data at the block group level. Additionally, in
44
See Promising Practices at 21-25.
45
Here, Commission staff selected “county” as the comparable reference
community to ensure that affected environmental justice communities are properly
identified. A reference community may vary according to the characteristics of the
particular project and the surrounding communities.
46
CEQ’s Environmental Justice Guidance at 26.
47
See Promising Practices at 25.
48
U.S. Census Bureau, American Community Survey 2019 ACS 5-Year Estimates
Detailed Tables, File# B17017, Poverty Status in the Past 12 Months by Household Type
by Age of Householder, https://data.census.gov/cedsci/table?q=B17017; File #B03002
Hispanic or Latino Origin By Race, https://data.census.gov/cedsci/table?q=b03002.
49
For this project, staff chose a one-mile radius around the project boundary as the
area of study. The one-mile radius includes all census block groups that border the Bucks
Creek Project for one county where the project is located—Plumas County. Staff found
that a one-mile radius is the appropriate unit of geographic analysis given the limited
scope of the project proposal and concentration of project-related effects on the Bucks
Lake Reservoir, Lower Bucks Lake Reservoir, Grizzly Forebay Reservoir, the Three
Lakes Reservoir, and the Bucks Creek and Grizzly Creek bypassed reaches.
Project No. 619-164 - 28 -
accordance with Promising Practices, staff used EJSCREEN, EPA’s environmental
justice mapping and screening tool, as an initial step to gather information regarding
minority and low-income populations; potential environmental quality issues;
environmental and demographic indicators; and other important factors.
112. Once staff collected the block group level data, as discussed in further detail
below, staff conducted an impacts analysis for the identified environmental justice
communities and evaluated relevant health or environmental hazards; the natural physical
environment; and associated social, economic, and cultural factors to determine whether
impacts to environmental justice communities are disproportionately high and adverse.
For this project, Commission staff determined both whether impacts were
disproportionately high and adverse on environmental justice populations and also
50
whether those impacts were significant.Commission staff assessed whether impacts to
an environmental justice community were disproportionately high and adverse based on
whether those impacts were predominately borne by that community, consistent with
51
EPA’s recommendations in Promising Practices.
113. To assess the project’s potential impacts on environmental justice communities,
Commission staff studied a one-mile radius around the project boundary. Here, a one-
mile radius is an appropriate scope of examination for conducting an environmental
justice inquiry. New developments within the project boundary would be limited to those
described in paragraph 61 of this license. Because the impacts associated with the
proposed action would be highest in the immediate vicinity of project activities and
would diminish with distance from the project area it is not necessary to expand the scope
beyond those block groups within a one-mile radius. For purposes of conducting its
environmental justice analysis, Commission staff presumes that individuals are more
likely to use water bodies and recreation sites that are located in closer proximity to their
residence for subsistence fishing and recreation activities.
50
See Promising Practices at 33 (stating that “an agency may determine that
impacts are disproportionately high and adverse, but not significant within the meaning
of NEPA” and in other circumstances “an agency may determine that an impact is both
disproportionately high and adverse and significant within the meaning of NEPA”).
51
Id. at 44-46 (explaining that there are various approaches to determining
whether an action will cause a disproportionately high and adverse impact, and that one
recommended approach is to consider whether an impact would be “predominantly borne
by minority populations or low-income populations”). We recognize that EPA and CEQ
are in the process of updating their guidance regarding environmental justice and we will
review and incorporate that anticipated guidance in our future analysis, as appropriate.
Project No. 619-164 - 29 -
114. Appendix D of this order provides current community data for the areas affected
by the Bucks Creek Project, including data for the state, counties, and affected block
groups. Based on our review of the available information, our analysis found two census
block groups that meet the criteria for environmental justice communities based on 2019
American Community Survey Data. Both block groups qualify as environmental justice
communities with a low-income population. One of the block groups qualifies as an
environmental justice community with a minority population.
115. In consideration of the limited scope of adverse impacts associated with the
measures required in this relicensing proceeding, and the fact that the Bucks Creek
Project will result in no permanent adverse impacts, the Commission concludes that this
license would not result in a disproportionately high and adverse impact on
environmental justice populations or adversely affect subsistence fishery practices.
Specifically, the Commission finds that constructing the new developments proposed by
PG&E would have minimal, transient project-related impacts on the human populations
within and surrounding the project boundary. The Commission also finds that
environmental justice communities that rely on fishing at the project for subsistence
purposes would not be adversely affected by the proposed action, given the fish stocking
requirements incorporated in the new license.
Recommendations of Federal and State Fish and Wildlife Agencies Pursuant to
Section 10(J) of the FPA
52
116. Section 10(j)(1) of the FPArequires the Commission, when issuing a license, to
include conditions based on recommendations submitted by federal and state fish and
53
wildlife agencies pursuant to the Fish and Wildlife Coordination Act, to “adequately
and equitably protect, mitigate damages to, and enhance fish and wildlife (including
related spawning grounds and habitat)” affected by the project.
117. FWS and California DFW collectively filed 30 recommendations under section
54
10(j).Sixof the recommendations areoutsidethe scope of 10(j),of which one, the
FWS and California DFW recommendation to implement the Aquatic Resources
Monitoring Plan, is discussed above in the Water Quality Certification section, and the
remaining five are considered in the next section under the broad public interest standard
of section 10(a)(1) of the FPA.
52
16 U.S.C. § 803(j)(1).
53
16 U.S.C. §§ 661 et seq.
54
FWS filed 22 section 10(j) recommendations on October 3, 2018; California
DFW filed 29 section 10(j) recommendations on October 4, 2018.
Project No. 619-164 - 30 -
118. This license includes conditions consistent with all 24 recommendations that are
within the scope of section 10(j). These include recommendations to: (1) determine
water year type annually (certification condition 7, Forest Service condition 30); (2)
provide minimum instream flows (certification condition 1, Forest Service condition 31);
(3) provide channel maintenance flows (certification condition 4, Forest Service
condition 34); (4) release unimpaired flow at two Milk Ranch Conduit diversions, Milk
Ranch Creek (Diversion No. 1) and North Fork Grouse Hollow Creek (Diversion No. 2),
during wet water years (certification condition 9, Forest Service condition 33); (5) cease
diverting water from Bear Ravine at the Milk Ranch Creek Diversion No. 8 (certification
condition 2, Forest Service condition 32); (6) leave six inoperable diversions along Milk
Ranch Conduit in place to release unimpaired flow (certification condition 8, Forest
Service condition 38); (7) implement specified spill management at Grizzly Forebay and
Lower Bucks Lake (certification condition 6, Forest Service condition 35); (8) implement
specified reservoir level operations management (certification condition 5, Forest Service
condition 36); (9) conduct annual drawdown of Three Lakes (certification condition 3,
Forest Service condition 37); (10) implement the Streamflow and Reservoir Level
Gaging Plan (certification condition 13, Forest Service condition 39); (11) implement
specified woody material management (certification condition 10, Forest Service
condition 40); (12) implement the Gravel Augmentation Plan (certification condition 14,
Forest Service condition 41); (13) implement the Aquatic Invasive Species Management
Plan (certification condition 17, Forest Service condition 44); (14) implement the
Hazardous Materials Management Plan (certification condition 19, Forest Service
condition 22); (15) develop an erosion management plan (certification condition 20,
Forest Service condition 60); (16) implement the Sierra Nevada yellow-legged Frog
Management Plan (Forest Service condition 42); (17) implement the Integrated
Vegetation Management Plan (Forest Service condition 45); (18) implement the Bald
Eagle Management Plan (Forest Service condition 47); (19) conduct osprey nesting
surveys before construction and establish protective buffers around active nests (Forest
Service condition 48); (20) evaluate the transmission line for consistency with APLIC
guidance and retrofit or replace transmission line structures, and develop a raptor
protection plan that outlines the design of any proposed modifications, if necessary
(Forest Service condition 46); (21) conduct periodic nesting surveys for California
spotted owls and northern goshawks (Forest Service condition 49); (22) establish
protective buffers around documented California spotted owl and northern goshawk nests
during their breeding seasons (Forest Service condition 50); (23) avoid conducting
project-related activities during the willow flycatcher breeding season within buffer zones
around suitable nesting habitat (Forest Service condition 51); and (24) inspect project
tunnels for bats prior to conducting O&M activities in the winter and implement
protective measures, if necessary (Forest Service condition 54).
Project No. 619-164 - 31 -
Section 10(a)(1) of the FPA
55
119.Section 10(a)(1) of the FPArequires that any project for which the Commission
issues a license be best adapted to a comprehensive plan for improving or developing a
waterway or waterways for the use or benefit of interstate or foreign commerce; for the
improvement and utilization of waterpower development; for the adequate protection,
mitigation, and enhancement of fish and wildlife; and for other beneficial public uses,
including irrigation, flood control, water supply, recreation, and other purposes.
120. As noted above, there are five 10(j) recommendations filed by the FWS and
California DFW that are not within the scope of 10(j) because they are not specific fish
and wildlife measures. These recommendations are considered under the broad public
interest standard of section 10(a)(1) of the FPA. In the final EIS, Commission staff
56
agreed with the FWS and California DFW recommendations for a fish stocking plan
57
and two recommendations for the implementation of bat consultation requirements.
The recommendations are required by other mandatory conditions and are required by the
license.
121. In the final EIS, Commission staff did not recommend the remaining two
recommendations for annual training and the establishment of an ecological consultation
group. Commission staff did not recommend the training because the extent and content
of the training curriculum is unclear and licensees are expected to train employees and
58
contractors to the extent needed to comply with the license. Commission staff did not
recommend the establishment of an ecological consultation group because the licensees
are already required to consult with agencies during preparation of reports that are
components of Commission-approved management plans and there is already a
59
mechanism for agency comment. However, the annual training is required by Forest
Service 4(e) condition 3, which is set forth in Appendix B and incoproated into this
license by Ordering Paragraph (E). Also, certificate condition 22, which is set forth in
55
16 U.S.C. § 803(a)(1).
56
Final EIS at 3-94.
57
Final EIS at 5-25.
58
Final EIS at 5-11.
59
Final EIS at 5-11 – 5-13.
Project No. 619-164 - 32 -
Appendix A and incorporated into this license by Ordering Paragraph (D), requires the
60
licensees to establish an ecological consultation group.
Project Boundary
122. Project boundaries enclose the project works that are to be licensed and include
land necessary for operation and maintenance of the project and for other project
purposes, such as recreation, shoreline control, or protection of environmental
61
resources.
123. The licensees propose to modify the project boundary to include the following
existing facilities and roads necessary for operation and maintenance of the project: (1)
the existing water infrastructure system (e.g., well pumps, water tanks, distribution lines)
at Mill Creek Campground; (2) the Mill Creek Tie Trail, with a 12.5-foot buffer on each
side from the centerline of the trail, at Mill Creek Campground; (3) the Hutchins Group
Campground Trail, with a 12.5-foot buffer on each side from the centerline of the trail, at
Hutchins Group Campground; (4) access roads at all project recreation facilities in the
Bucks Lake area, where the road is not currently within the project boundary; (5) all
campground facilities along the east edge of the Haskins Valley Campground, extending
the project boundary eastward to the edge of Bucks Lake Road; (6) land along the
shoreline of Bucks Lake for areas outside of the existing project facilities and recreation
areas to create a 25-foot horizontal buffer from the maximum water surface elevation
where the existing project boundary is less than a 25-foot horizontal buffer from the
maximum water surface elevation; (7) land at Bucks Creek Inlet for roadside parking for
shoreline access to Bucks Lake; (8) land along the south shoreline of Lower Bucks Lake
to create a 25-foot horizontal buffer from the maximum water surface elevation where the
existing project boundary is less than a 25-foot horizontal buffer from the maximum
water surface elevation; (9) the Three Lakes Trail, with a 12.5-foot buffer on each side
from the centerline of the trail; (10) the helipad use area at the Milk Ranch Conduit Road,
including the maintenance buffer and access road; (10) the staging area at the intersection
of Bucks Penstock Road and Grizzly Big Creek Road; (11) the helipad use area,
maintenance buffer, and access at the Bucks Communication Tower; (12) the Grizzly
60
In addition, if any fish and wildlife issues arise during the term of the license,
either based on new listings or availability of new information, this license includes a
standard fish and wildlife reopener article (Standard Article 15, Form L-5). This standard
reopener retains authority for the Commission to implement any measures that may be
needed to protect threatened or endangered species or other fish and wildlife resources
over the term of the license issued for the project.
61
18 C.F.R. § 4.41(h)(2) (2021).
Project No. 619-164 - 33 -
Forebay Gaging Station Trail with a 12.5-foot buffer on each side from the centerline of
the trail; and (13) all campground facilities, at the Grizzly Forebay Campground. In the
final EIS, staff concluded that these proposed boundary modifications will ensure the
licensees are responsible for protecting resources and maintaining these sites as defined
in the license and are consistent with the Commission’s regulations regarding including
62
lands necessary for project operation and maintenance.
124. The licensees also propose to modify the project boundary by removing the
following lands that serve no project purpose: (1) land west of Bucklin Road along the
west shore of Bucks Lake between Indian Rock Day Use Area and the Dam Spillway
Access Road; (2) Bucklin Road on the west side of Bucks Lake; (3) land along the
shoreline at Bucks Lake for areas outside of the existing project facilities and recreation
areas beyond a 25-foot horizontal buffer from the maximum water surface elevation;
(4) the Whitehorse Campground expansion area and eastern Bucks Inlet expansion area;
(5) land at the Bucks Lake Boat-In Campsites 4 and 5; (6) land at the Mill Creek
Trailhead and Mill Creek Trail along the eastern side of Bucks Lake; (7) land along the
south shoreline of Lower Bucks Lake beyond a 25-foot horizontal buffer from the
maximum water surface elevation; (8) land along the north shoreline of Lower Bucks
Lake beyond a 40-foot buffer north of the Three Lakes Road, with the exception of the
area for the future relocation of the Lower Bucks Lake Campground; (9) the Upper Lake
at Three Lakes; (10) land around the existing restroom at the Three Lakes trailhead;
(11) land on the north side of the Three Lakes Trail beyond the 12.5-foot buffer from the
centerline of the trail at Lower and Middle Lakes; (12) land along the south shoreline of
Grizzly Forebay beyond a 25-foot horizontal buffer from the maximum water surface
elevation; and (13) land around the Bucks Lake Dam Water Supply Line and Diversion
on the west side of Bucks Lake. In the final EIS, staff concluded that these proposed
boundary modifications will remove land that is not: (1) affected by the project; (2) a
project recreation facility or part of a project recreation facility; (3) used for the
63
mitigation of project effects; or (4) required for O&M of the project.
Additionally, the
licensees propose to modify the project boundary to remove land around the Bucks Lake
Dam Water Supply Line and Diversion on the west side of Bucks Lake. In the final EIS,
staff concluded there isn’t sufficient available information about the existing and
proposed use of this water supply line and diversion to justify the removal of the land
64
surrounding this facility from the project boundary.
62
Final EIS at 3-205.
63
Id.
64
Id. at 3-208.
Project No. 619-164 - 34 -
125. Article 204 of this license requires the licensees to file revised Exhibit G drawings
that include within the project boundary the above-mentioned proposed modifications to
the existing project boundary to include addition of lands, roads, buildings, and
maintenance areas necessary for project operations and maintenance and reduction of
excess land and roads currently within the existing project boundary that are not
necessary for project purposes. The licensees are also required to address potential
discrepancies between the proposed project boundary and the conceptual locations of the
proposed Bucks Lake Shoreline Trail and the proposed relocated Lower Bucks Lake
Campground and to include these facilities in the project boundary upon completion of
their construction.
Administrative Provisions
A. Annual Charges
126. The Commission collects annual charges from licensees for administration of the
FPA and to compensate for the use and occupancy of federal lands. Article 201 provides
for the collection of funds for administration of the FPA and the use and occupancy of
federal lands.
127. The revised project boundary required by Article 204 of this license will decrease
the amount of federal land occupied by the project. Article 205 requires the licensees to
file documentation on the amount of federal land within the revised project boundary.
B. Reservation of Authority to Require Financial Assurance Measures
128. To confirm the importance of licensees maintaining sufficient financial reserves,
Article 202 reserves the Commission’s authority to require future measures to ensure that
the licensee maintains sufficient financial reserves to carry out the terms of the license
and Commission orders pertaining thereto.
C. Exhibit A Project Description
129. Commission regulations require that licensees file as part of the license application
an Exhibit A that describes the project. Exhibit A filed by the licensees on December 12,
2016, does not include changes to the project in order to reconnect the Grizzly
powerhouse to the grid, which was approved as an amendment under the previous license
on April 22, 2021. Therefore, this exhibit is not approved. Article 203 requires the
licensees to file a revised Exhibit A that includes the project updates.
D. Exhibit F Drawings
130. The Commission requires licensees to file sets of approved project drawings in
electronic file format. As a result of the modifications made to reconnect the Grizzly
Project No. 619-164 - 35 -
powerhouse to the grid, and the low level outlet modification project, the Exhibit F
drawings filed on December 12, 2016, and Exhibit F filed on February 11, 2021, no
longer reflect the as-built project and therefore are not approved. Article 204 requires the
drawings to be filed in electronic file format.
E. Amortization Reserve
131. The Commission requires that for new major licenses, non-municipal licensees set
up and maintain an amortization reserve account upon license issuance. Article 206
requires the establishment of the account.
F. Headwater Benefits
132. Some projects directly benefit from headwater improvements that were
constructed by other licensees, the United States, or permittees. Article 207 requires the
licensees to reimburse such entities for these benefits if they were not previously assessed
and reimbursed.
G. As-Built Exhibits
133. Where new construction or modifications to the project are involved, the
Commission requires licensees to file revised exhibits of project features as-built.
Article 208 provides for the filing of these exhibits.
H. Modifications of Project Facilities
134. Article 301 requires the licensee to provide the Commission’s Division of Dam
Safety and Inspection San Francisco Regional Office (D2SI-SFRO) with final contract
plans and specifications—together with a supporting design report consistent with the
Commission’s engineering guidelines, at least 60 days prior to the start of any
construction.
135. Where new construction requires cofferdams or deep excavations, Article 302
requires the licensees to provide the Commission’s D2SI-SFRO with cofferdam
construction drawings.
136. Article 303 requires the licensees to coordinate any modifications that would
affect project works or operation resulting from the license’s environmental requirements
with the Commission’s D2SI-SFRO Engineer.
I. Use and Occupancy of Project Lands and Waters
137. Requiring a licensee to obtain prior Commission approval for every use and
occupancy of project land would be unduly burdensome. Therefore, Article 405 allows
Project No. 619-164 - 36 -
the licensees to grant permission, without prior Commission approval, for the use and
occupancy of project lands for such minor activities as landscape planting. Such uses
must be consistent with the purposes of protecting and enhancing the scenic, recreational,
and environmental values of the project.
J.Commission Approval of Resource Plans, Notification, and Filing of
Amendments
138. In Appendices A and B, there are certain water quality certification conditions and
section 4(e) conditions, respectively, that do not require the licensees to file certain plans
or reports with the Commission, or that contemplate future changes to project facilities or
operations without the opportunity for prior Commission review. Article 401 approves
existing plans, requires the licensees to file plans and reports with the Commission for
approval, notify the Commission of planned or unplanned deviations from the license
requirements, and file amendment applications prior to making changes to project
facilities or operations, as appropriate.
State And Federal Comprehensive Plans
65
139. Section 10(a)(2)(A) of the FPA, requires the Commission to consider the extent
to which a project is consistent with federal or state comprehensive plans for improving,
66
developing, or conserving a waterway or waterways affected by the project. Under
section 10(a)(2)(A), Commission staff identified 15 comprehensive plans that are
67
relevant to this project. No conflicts were found.
Applicant’s Plans And Capabilities
68
140. In accordance with sections 10(a)(2)(C) and 15(a) of the FPA,Commission staff
evaluated PG&E and the City of Santa Clara’s record as licensees with respect to the
following: (A) conservation efforts; (B) compliance history and ability to comply with a
new license; (C) safe management, operation, and maintenance of the project; (D) ability
to provide efficient and reliable electric service; (E) need for power; (F) transmission
65
16 U.S.C. § 803(a)(2)(A).
66
Comprehensive plans are defined at 18 C.F.R. § 2.19 (2019).
67
The list of applicable plans can be found in section 5.4 of the final EIS.
68
16 U.S.C. §§ 803(a)(2)(C); 808(a).
Project No. 619-164 - 37 -
services; (G) cost-effectiveness of plans; and (H) actions affecting the public. This order
accepts staff’s findings in each of the following areas.
A. Conservation Efforts
69
141. Section 10(a)(2)(C) of the FPArequires the Commission to consider the
electricity consumption efficiency improvement programs in the case of license
applicants primarily engaged in the generation or sale of electric power, like PG&E and
the City of Santa Clara. Appendix H1 of the license application filed on December 12,
2016 provides a summary of the licensees’ current customer energy efficiency (CEE)
programs programs made available to the respective customers of PG&E and the City of
Santa Clara. These programs show that PG&E and the City of Santa Clara are making an
effort to conserve electricity consistent with section 10(a)(2)(C) of the FPA.
B. Compliance History and Ability to Comply with New License
142. Based on a review of PG&E and the City of Santa Clara’s compliance with the
terms and conditions of the current license, staff finds that PG&E and the City of Santa
Clara’s overall record of making timely filings and compliance with its license is
satisfactory. Therefore, staff believes that PG&E and the City of Santa Clara can satisfy
the conditions of a new license.
C. Safe Management, Operation, and Maintenance of the Project
143. Commission staff has reviewed PG&E and the City of Santa Clara’s record of
management, operation, and maintenance of the project pursuant to the requirements of
18 C.F.R. Part 12 (2021) of the Commission’s Engineering Guidelines and periodic
Independent Consultant’s Safety Inspection Reports. Commission staff concludes that
the dam and other project works are safe, and that there is no reason to believe that
PG&E and the City of Santa Clara cannot continue to safely manage, operate, and
maintain these facilities under a new license.
D. Ability to Provide Efficient and Reliable Electrical Service
144. Commission staff has reviewed PG&E and the City of Santa Clara’s plans and its
ability to operate and maintain the project in a manner most likely to provide efficient
and reliable electric service. PG&E and the City of Santa Clara’s powerhouse equipment
is monitored by various general control systems and alarms. The project is operated in
conjunction with PG&E and the City of Santa Clara’s other hydroelectric resources to
help meet the electricity demands and ancillary service needs of the licensees’ electricity
customers. The peaking operation of the Project helps to minimize the operation of non-
69
Id. § 803(a)(2)(C).
Project No. 619-164 - 38 -
renewable, higher cost thermal electric generating plants. The project is capable of
significant operational flexibility. In particular, Bucks Creek Powerhouse has a normal
maximum gross head of 2,558 feet, the highest hydraulic head on PG&E’s hydro system.
Because of this extremely high head, Bucks Creek Powerhouse is of particular value for
meeting electric system peak load demands, especially in the high electric load summer
months. Accordingly, Bucks Creek Powerhouse is equipped with automatic generation
control (AGC) capability so that the California Independent System Operator (CAISO)
can control generation. AGC operation is important to the CAISO and the licensees’
electric customers because it allows the CAISO to balance real-time electric supply with
demand, maintaining the state’s electric system reliability. Therefore, Commission staff
concludes that PG&E and the City of Santa Clara are capable of operating the project to
provide efficient and reliable electric service in the future.
E. Need for Power
145. The project provides hydroelectric generation to assist the licensees with meeting
the State of California’s Renewable Portfolio Standards (RPS) for renewable power. The
project has an installed capacity of 84.8 MW and will generate, on average, 271,000
megawatt-hours (MWh) per year.
146. The Bucks Creek Project is located in the Western Electricity Coordinating
Council (WECC) region of the North American Electric Reliability Corporation (NERC),
in the California/Mexico sub-region (WECC-CAMX). The NERC annually forecasts
electric supply and demand nationally and regionally for a 10-year period. According to
NERC’s 2020 forecast, average annual demand requirements for the WECC-CAMX sub-
region are projected to grow at an average rate of 0.6 percent from 2021 through 2030.
The power from the proposed project would help meet a need for power in the WECC-
CAMX region in both the short and long-term.
F. Transmission Services
147. The project includes a 4.0-mile-long transmission line interconnecting the
development to PG&E’s 115-kV Bucks Creek-Cresta line. PG&E and the City of Santa
Clara are proposing no changes that would affect its own or other transmission services in
the region. The project’s generating facilities and transmission line are important
elements in providing affordable renewable hydroelectric generation and voltage control
to meet a portion of local power requirements, resource diversity, and capacity needs in
Northern California.
G. Cost Effectiveness of Plans
148. PG&E and the City of Santa Clara propose several modifications to project
facilities and environmental measures for the enhancement of fish and wildlife at the
Project No. 619-164 - 39 -
project. Based on PG&E and the City of Santa Clara’s record as existing licensees, staff
concludes that these plans are likely to be carried out in a cost-effective manner.
H. Actions Affecting the Public
149. PG&E and the City of Santa Clara provided opportunity for public involvement in
the development of their application for a new license for the Bucks Creek Project. In
addition to using the project to help meet local power needs, during the previous license
period, PG&E and the City of Santa Clara provided facilities to enhance the public use of
project lands and operated the project with consideration for the protection of
downstream uses of the project watershed.
Project Economics
150. In determining whether to issue a new license for an existing hydroelectric project,
the Commission considers a number of public interest factors, including the economic
benefits of project power. Under the Commission’s approach to evaluating the
economics of hydropower projects, as articulated in Mead Corporation, Publishing Paper
Division the Commission uses current costs to compare the costs of the project and likely
alternative power with no forecasts concerning potential future inflation, escalation, or
70
deflation beyond the license issuance date.The basic purpose of the Commission’s
economic analysis is to provide a general estimate of the potential power benefits and the
costs of a project, and of reasonable alternatives to project power. The estimate helps to
support an informed decision concerning what is in the public interest with respect to a
proposed license.
151. In applying this analysis to the Bucks Creek Project, staff considered four options:
a no-action alternative, PG&E and the City of Santa Clara’s proposal, a staff alternative,
71
and the project as licensed herein.
152. Under the no-action alternative, the project would continue to operate as currently
licensed. The project has an installed capacity of 84.8 MW, a capacity benefit of 84.8
MW, and an average annual generation of 271,000 MWh. The alternative source of
power’s current cost to produce the same amount of energy and provide the same
capacity benefit would be $17,180,130. The total annual project cost would be
$24,707,721. Subtracting the total annual project cost from the alternative source of
70
72 FERC ¶ 61,027 (1995).
71
Details of Commission staff’s economic analysis for the project as licensed
herein, and for the other three alternatives, are included in section 4.0 of the final EIS.
The analysis has been revised for 2021 dollars.
Project No. 619-164 - 40 -
power’s current cost to produce power and capacity is $7,527,591 more than that of the
alternative source of power’s cost.
153. Under the licensees’ proposal, the project would have an installed capacity of 84.8
MW, a capacity benefit of 84.8 MW, and an average annual generation of 260,243 MWh.
The alternative source of power’s current cost to produce the same amount of energy and
provide the same capacity benefit would be $16,799,009. The total annual project cost
would be $30,068,115. Subtracting the total annual project cost from the alternative
source of power’s current cost, the project’s cost to produce power and capacity would be
$13,269,106 more than that of the alternative source of power’s cost.
154. Under the staff-recommended alternative, the project would have an installed
capacity of 84.8 MW, a capacity benefit of 84.8 MW, and an average annual generation
of 260,243 MWh. The alternative source of power’s current cost to produce the same
amount of energy and provide the same capacity benefit would be $16,799,009. The total
annual project cost would be $29,967,877. Subtracting the total annual project cost from
the alternative source of power’s current cost, the project’s cost to produce power and
capacity would be $13,168,868 more than that of the alternative source of power’s cost.
155. As licensed herein with mandatory conditions and staff-recommended measures,
the project would have have an installed capacity of 84.8 MW, a capacity benefit of 84.8
MW, and an average annual generation of 260,243 MWh. The alternative source of
power’s current cost to produce the same amount of energy and provide the same
capacity benefit would be $16,799,009. The total annual project cost would be
$30,085,956. Subtracting the total annual project cost from the alternative source of
power’s current cost, the project’s cost to produce power and capacity would be
$13,286,947 more than that of the alternative source of power’s cost.
156. In considering public interest factors, the Commission takes into account that
hydroelectric projects offer unique operational benefits to the electric utility system
(ancillary service benefits). These benefits include the ability to help maintain the
stability of a power system, such as by quickly adjusting power output to respond to rapid
changes in system load; and to respond rapidly to a major utility system or regional
blackout by providing a source of power to help restart fossil-fuel based generating
stations and put them back on line.
157. Although the analysis shows that the project as licensed herein will cost more to
operate than the estimated cost of alternative power, it is the applicant who must decide
whether to accept this license and any financial risk that entails.
158. Although the analysis does not explicitly account for the effect inflation may have
on the future cost of electricity, the fact that hydropower generation is relatively
insensitive to inflation compared to fossil-fueled generators is an important economic
consideration for power producers and the consumers they serve. This is one reason
Project No. 619-164 - 41 -
project economics is only one of the many public interest factors the Commission
considers in determining whether, and under what conditions, to issue a license.
Comprehensive Development
72
159. Sections 4(e) and 10(a)(1) of the FPA require the Commission to give equal
consideration to power development purposes and to the purposes of energy
conservation; the protection, mitigation of, damage to, and enhancement of fish and
wildlife; the protection of recreational opportunities; and the preservation of other aspects
of environmental quality. Any license issued must be such as in the Commission’s
judgment will be best adapted to a comprehensive plan for improving or developing a
waterway or waterways for all beneficial public uses. The decision to license this project,
and the terms and conditions included herein, reflect such consideration.
160. The EIS for the project contains background information, analysis of effects, and
support for related license articles. Based on the record of this proceeding, including the
EIS and the comments thereon, licensing the Bucks Creek Project, as described in this
order, will not constitute a major federal action significantly affecting the quality of the
human environment. The project will be safe if operated and maintained in accordance
with the requirements of the license.
161. Based on Commission staff’s independent review and evaluation of the Bucks
Creek Project, recommendations from the resource agencies and other stakeholders, and
the no-action alternative, as documented in the EIS, the project as licensed herein, is best
adapted to a comprehensive plan for improving or developing the Bucks, Milk Ranch,
and Grizzly Creeks.
162. This alternative is selected because: (1) issuing a new license will serve to
maintain a beneficial and dependable source of electric energy; (2) the required
environmental measures will protect or enhance fish and wildlife resources, water
quality, recreation, land use, aesthetics, and cultural resources; and (3) the 84.8 MW of
electric capacity comes from a renewable resource that does not contribute to
atmospheric pollution.
72
16 U.S.C. §§ 797(e), 803(a)(1).
Project No. 619-164 - 42 -
License Term
73
163.Section 15(e) of the FPAprovides that any new license issued shall be for a term
that the Commission determines to be in the public interest, but not less than 30 years or
more than 50 years.
164. On October 19, 2017, the Commission established a 40-year default license term
74
policy for original and new licenses, effective as of October 26, 2017. The Policy
Statement provides for exceptions to the 40-year default license term under certain
circumstances: (1) establishing a shorter or longer license term if necessary to coordinate
license terms for projects located on the same river basin; (2) deferring to a shorter or
longer license term explicitly agreed to in a generally-supported comprehensive
settlement agreement; and (3) establishing a longer license term upon a showing by the
license applicant that substantial voluntary measures were either previously implemented
during the prior license term, or substantial new measures are expected to be
implemented under the new license. The policy statement also explains that the
Commission will consider, on a case-by-case basis, whether the costs of non-
developmental (i.e., environmental) measures, and power and developmental measures
are significant and warrant a longer license term. Because none of the above exceptions
apply in this case, a 40-year license for the Bucks Creek Project is appropriate.
The Commission orders:
(A) This license is issued to Pacific Gas and Electric Company and the City of
Santa Clara (licensees) to operate and maintain the Bucks Creek Hydroelectric Project for
a period of 40 years, effective the first day of the month in which this order is issued.
This license is subject to the terms and conditions of the Federal Power Act (FPA), which
is incorporated by reference as part of this license, and subject to the regulations the
Commission issues under the provisions of the FPA.
(B) The project consists of:
(1) All lands, to the extent of the licensees’ interests in these lands, described in
the project description and the project boundary discussion of this order.
73
16 U.S.C. § 808(e).
74
Pol’y Statement on Establishing License Terms for Hydroelectric Projects,
161 FERC ¶ 61,078 (2017) (Policy Statement).
Project No. 619-164 - 43 -
(2) Project works consisting of:
Bucks Creek Development
The Bucks Creek Development, which includes: (1) the 30-foot-high, 584-foot-
long rock-filled Three Lakes Dam; (2) the 605 acre-foot Three Lakes Reservoir including
the Upper Lake, the Middle Lake, and the Lower Lake with normal maximum water
surface elevation of approximately 6,078 feet and a surface area of 40 acres; (3) the 23-
inch- to 36-inch-diameter, 8.1-mile-long buried steel Milk Ranch Conduit; (4) ; the 123-
feet-high, 1,320-ft-long rock-filled, concrete-faced Bucks Lake Dam; (5) the 105,605
acre-feet Bucks Lake reservoir with normal maximum water surface elevation of
approximately 5,157 feet and a surface area of 1,827 acres; (6) two 30-inch-diameter,
approximately 300-foot-long riveted steel pipes as outlet tunnel with a rated capacity of
146 cfs/pipe; (7) the 99-foot-high, 500-foot-long concrete arch Lower Bucks Lake Dam;
(8) the 5,843 acre-feet Lower Bucks Lake reservoir with normal maximum water surface
elevation of approximately 5,022 feet and a surface area of 136 acres; (9) the 98-foot-
high, 520-foot-long concrete arch Grizzly Forebay Dam; (10) the 1,112 acre-feet Grizzly
Forebay Reservoir with normal maximum water surface elevation of approximately 4,316
feet, a surface area of 38 acres, and usable storage capacity 420 acre-feet; (11) the 9,575-
foot-long horseshoe-shaped Grizzly Forebay Tunnel with two 4,786-foot-long penstocks
and a maximum flow capacity of 400 cfs; (12) the 47-foot-long, 132-foot-wide Bucks
Creek Powerhouse that includes two revolving field generators with a total maximum
capacity of 65 MW; and (13) appurtenant facilities.
GrizzlyDevelopment
The Grizzly Development which includes: (1) the 12,320-foot-long, 11- to 14-
foot-diameter Grizzly Powerhouse Tunnel (including a 4,900-foot-long, 4.5- to 8-foot-
diameter buried penstock) with a maximum flow capacity of 400 cfs; (2) the 65-foot-long
by 55-foot-wide Grizzly Powerhouse that includes one synchronous generator with a
maximum capacity of 20 MW; (3) a 4.0-mile-long, 115-kilovolt transmission line; and,
(4) appurtenant facilities.
(3) All of the structures, fixtures, equipment or facilities used to operate or
maintain the project, all portable property that may be employed in connection with the
project, and all riparian or other rights that are necessary or appropriate in the operation
or maintenance of the project.
(C) The Exhibits A, F, and G filed on December 12, 2016, as part of the
application for license, do not reflect the project as-built and are not approved.
(D) This license is subject to the conditions submitted by the California State
Water Resources Control Board (Water Board) under section 401(a)(1) of the Clean
Water Act, 33 U.S.C. § 1341(a)(1), as those conditions are set forth in Appendix A to this
Project No. 619-164 - 44 -
order, although the Water Board’s requirement that the licensee provide payment of any
fee required under California Code of Regulations, title 23, division 3, chapter 28, is
unenforceable on the basis that the Commission lacks authority to require such payments.
(E) This license is subject to the conditions submitted by the U.S. Forest
Service under section 4(e) of the FPA, as those conditions are set forth in Appendix B to
this order.
(F) This license is subject to the incidental take terms and conditions of the
biological opinion submitted by the U.S. Fish and Wildlife Service under section 7 of the
Endangered Species Act, as those conditions are set forth in Appendix C to this order.
(G) This license is also subject to the articles set forth in Form L-5 (October
1975), entitled “Terms and Conditions of License for Constructed Major Project Affecting
Navigable Waters and Lands of the United States” (see 54 F.P.C. 1799 et seq.), as
reproduced at the end of this order, and the following additional articles:
Article 201. Administrative Annual Charges. The licensees must pay the
United States annual charges, effective the first day of the month in which the license is
issued, and as determined in accordance with provisions of the Commission’s regulations
in effect from time to time, for the purpose of:
(a) Reimbursing the United States for the cost of administering Part I of the
Federal Power Act. The authorized installed capacity for that purpose is 84.8 MW.
(b) Recompensing the United States for the use, occupancy, and enjoyment of its
lands, the amount of which to be determined pursuant to Article 205.
Article 202. Reservation of Authority to Require Financial Assurance Measures.
The Commission reserves the right to require future measures to ensure that the licensee
maintains sufficient financial reserves to carry out the terms of the license and
Commission orders pertaining thereto.
Article 203. Exhibit A Project Description. Within 90 days of the issuance date
of this license, the licensees must file for Commission approval, a revised Exhibit A that
includes the updates to the Grizzly powerhouse and transmission line as described in the
licensees November 24, 2020 filing. The revised Exhibit A must comply with section
4.51(b) of the Commission’s regulations.
Article 204. Exhibit F and G Drawings. Within 90 days of the issuance date of
this license, the licensees must file, for Commission approval, revised Exhibit F and G
drawings. Revised Exhibit F drawings must show the facilties as-built following the
modifications described in this license. Revised Exhibit G drawings must show the
following boundary modifications and facilities added to the project boundary: (1) the
Project No. 619-164 - 45 -
additions of lands necessary for project operations and maintenance activities; (2) the
Bucks Lake Shoreline Trail; (3) the relocated Lower Bucks Lake Campground; (4) the
proposed new project amphitheater to be located in the area of the current Haskins Valley
Campground campsites Nos. 25 – 29; (5) all existing campground facilities along the east
edge of the Haskins Valley Campground, including portions of the campground access
road and campground entrance road off of Bucks Lake Road, campsites, and apurtenent
campground facilities, that are not currently located within the project boundary; and, (6)
the transmission line route interconnecting the Grizzly Development to the non-project
230-kV Bucks Creek-Cresta transmission line and removing its connection to the
Caribou-Palermo line. Exhibit F drawings must comply with sections 4.39 and 4.41(g) of
the Commission’s current regulations, and in addition to the other components of Exhibit
G, the licensees must provide the project boundary data in a geo-referenced electronic
format that complies with sections 4.39 and 4.41(h) of the Commission’s current
regulations.
Article 205. Statement of Federal Lands. Within 90 days of the issuance date of
this license, the licensee must file documentation of the amount of federal land occupied
by the project. The acreage must be consistent with the federal lands identified on the
revised Exhibit G drawings required by Article 204.
Article 206. Amortization Reserve. Pursuant to section 10(d) of the Federal
Power Act, a specified reasonable rate of return upon the net investment in the project
must be used for determining surplus earnings of the project for the establishment and
maintenance of amortization reserves. The licensees must set aside in a project
amortization reserve account at the end of each fiscal year one half of the project surplus
earnings, if any, in excess of the specified rate of return per annum on the net investment.
To the extent that there is a deficiency of project earnings below the specified rate of
return per annum for any fiscal year, the licensees must deduct the amount of that
deficiency from the amount of any surplus earnings subsequently accumulated, until
absorbed. The licensees must set aside one-half of the remaining surplus earnings, if any,
cumulatively computed, in the project amortization reserve account. The licensees must
maintain the amounts established in the project amortization reserve account until further
order of the Commission.
The specified reasonable rate of return used in computing amortization reserves
must be calculated annually based on current capital ratios developed from an average of
13 monthly balances of amounts properly included in the licensees’ long-term debt and
proprietary capital accounts as listed in the Commission’s Uniform System of Accounts.
The cost rate for such ratios must be the weighted average cost of long-term debt and
preferred stock for the year, and the cost of common equity must be the interest rate on
10-year government bonds (reported as the Treasury Department's 10-year constant
maturity series) computed on the monthly average for the year in question plus four
percentage points (400 basis points).
Project No. 619-164 - 46 -
Article 207. Headwater Benefits. If the licensee’s project was directly benefited
by the construction work of another licensee, a permittee, or the United States on a
storage reservoir or other headwater improvement during the term of the original license
(including extensions of that term by annual licenses), and if those headwater benefits
were not previously assessed and reimbursed to the owner of the headwater
improvement, the licensees must reimburse the owner of the headwater improvement for
those benefits, at such time as they are assessed, in the same manner as for benefits
received during the term of this new license. The benefits will be assessed in accordance
with Part 11, Subpart B, of the Commission's regulations.
Article 208. As-built Exhibits. Within 90 days of completion of construction of
the facilities authorized by the license, the licensees must file for Commission approval,
revised exhibits A, F, and G, as applicable, to describe and show those project facilities
as built. If the licensees determine the previously approved exhibits reflect the as-built
facilities and no revisions are necessary, the licensees must file a letter stating the
approved exhibits reflect the as-built project facilities
Article 301. Contract Plans and Specifications. At least 60 days prior to the start
of any construction, the licensees must file final design documents with the Secretary of
the Commission, preferably through eFiling. The licensees must also submit two hard
copies of the documents to the Division of Dam Safety and Inspections (D2SI) – San
Francisco Regional Engineer. The design documents must include: final plans and
specifications, supporting design report, Quality Control and Inspection Program,
Temporary Construction Emergency Action Plan, and Soil Erosion and Sediment Control
Plan. The licensees may not begin construction until the D2SI-San Francisco Regional
Engineer has reviewed and commented on the documents, determined that all
preconstruction requirements have been satisfied, and authorized start of construction.
Article 302. Cofferdam and Deep Excavation Construction Drawings. Should
construction require cofferdams or deep excavations, the licensees must: (1) have a
Professional Engineer who is independent from the construction contractor, review and
approve the design of contractor-designed cofferdams and deep excavations prior to the
start of construction; and (2) ensure that construction of cofferdams and deep excavations
is consistent with the approved design. At least 30 days before starting construction of
any cofferdams or deep excavations, the licensees must file the approved cofferdam and
deep excavation construction drawings and specifications, and the letters of approval with
the Secretary of the Commission, preferably through eFiling. The licensees must also
submit two hard copies of the documents to the Commission’s Division of Dam Safety
and Inspections-San Francisco Regional Engineer.
Article 303. Project Modification Resulting from Environmental Requirements. If
environmental requirements under this license require modification that may affect the
project works or operations, the licensees must consult with the Commission’s Division
Project No. 619-164 - 47 -
of Dam Safety and Inspections (D2SI)–San Francisco Regional Engineer. Consultation
must allow sufficient review time for the Commission to ensure that the proposed work
does not adversely affect the project works, dam safety, or project operation.
Article 401. Commission Approval, Requirement to file Plans and Reports,
Notification of Modifications and Deviations, and Filing of Amendments.
(a) Commission Approval of Plans
Certain California Water Resources Control Board (Water Board) section 401
water quality certification (WQC) (Appendix A) and U.S. Department of Agriculture-
Forest Service’s (Forest Service’s) final section 4(e) conditions (Appendix B) require the
licensees to implement resource protection plans upon Commission approval. The
following plans, which were filed by the licensees, are approved without modification.
Upon license issuance, the licensees must implement the plans.
Water Forest Plan Name Date Filed
Board Service
WQC Condition
Condition
No.
No.
12 56 Shoreline Management Plan September 19, 2019
20 60 Erosion Management PlanSeptember 20, 2019
14 41 Gravel Augmentation Plan September 20, 2019
15 43 Aquatic Resources Monitoring September 20, 2019
Plan
13 39 Streamflow and Reservoir Level September 20, 2019
Gaging Plan
19 22 Hazardous Material Management September 20, 2019
Plan
18 45 Integrated Vegetation September 20, 2019
Management Plan
- 47 Bald Eagle Management Plan September 20, 2019
16 42 Sierra Nevada Yellow-legged September 20, 2019
Frog Management Plan
Project No. 619-164 - 48 -
- 59 Transportation Management Plan September 20, 2019
Fire Prevention and Response
- 61 September 20, 2019
Plan
17 44 Aquatic Invasive Species September 20, 2019
Management Plan
21 55 Recreation Management Plan October 3, 2019
(b) Requirements to File Plans for Commission Approval
The California Water Resources Control Board (Water Board) section 401 water
quality certification (WQC) (Appendix A) and the U.S. Department of Agriculture’s
Forest Service’s (Forest Service) section 4(e) conditions (Appendix B) require the
licensees to prepare plans in consultation with other entities for the approval by the Water
Board or Forest Service, or for submittal to the Commission, and implement specific
measures without prior Commission approval. The following plans must be submitted to
the Commission for approval by the deadline specified:
Water Board Forest
WQC Service 4(e) Commission Due
Plan Name
Condition Condition Date
No.No.
2462 Drought Management: Revised 90 days after
Operations Plan submitting plan to
resource agencies
11-Fish Stocking Plan Within 15 months
from license
issuance
8 -Milk Ranch Conduit Diversions 90 days prior to
(Modifications) Management starting work
Work Plan
23-Dewatering and Diversion Plan 90 days prior to
starting work
40 Woody Material Passage Plan Within 1 year
following license
issuance
Project No. 619-164 - 49 -
46 Raptor Protection Plan Within 1 year
following evaluation
of the project
transmission line, if
necessary
With each plan filed with the Commission, the licensees must include
documentation that it developed the plan in consultation with the Water Board, Forest
Service, California DFW, FWS, and other consulted agencies stipulated by the mandatory
conditions, and has received approval from the resource agencies, as appropriate. In
developing the woody material passage plan, the licensees must consult with the
Commission’s dam safety staff to ensure the plan’s methods for collection, removal,
transport, and/or disposal of woody material at the project dams and spillways does not
adversely affect dam safety. For each plan filed, the licensees must provide copies of any
comments received, as well as its response to each comment. For the woody material
passage plan, the licensees must also provide documentation from the licensee’s Chief
Dam Safety Engineer that the plan will not result in adverse effects on dam safety. The
Commission reserves the right to make changes to any plan filed. Upon Commission
approval, the plan becomes a requirement of the license, and the licensees must
implement the plan, including any changes required by the Commission. Any changes in
the above schedule or plan(s) require approval by the Commission before implementing
the proposed change.
(c) Requirements to File Reports
Certain conditions of the Water Board WQC in Appendix A and the Forest
Service’s section 4(e) conditions in Appendix B require the licensee to file reports with
other entities. Because these reports relate to compliance with the requirements of this
license, each such report must also be submitted to the Commission. These reports are
listed in the following table:
Water Board Forest
WQC Service 4(e) Commission Due
Report Name
Condition Condition Date
No.No.
1 31 Minimum instream flow Annually by March
compliance report 15 of the previous
water year
Project No. 619-164 - 50 -
3 37 Three Lakes drawdown water Annually by January
surface elevation report 31 of the following
year
9 33 Wet water year Milk Ranch Annually by May 31
Conduit Diversion Nos. 1 and 2 of the year following
unimpaired bypass flow report flows were bypassed
4 34 Channel maintenance flow report Annually by May31
for Bucks Creek and Grizzly of the year following
Creek a channel
maintenance flow
release
635Spill management report-5 years and 3 months
Grizzley Forebay and Lower after license issuance
Bucks Lake
8 -Milk Ranch Conduitdiversions 18 months after
water rights disposition report license issuance
11-Fish stocking report Annually, by
December 31
49 Northern goshawk and California Within 1 year of data
spotted owl nesting survey report collection
-62 Drought Management: Revised By June 1 of the year
Operations Plan resource following revised
monitoring report operations
(d) Requirement to Notify the Commission of Planned, Temporary Modifications
to Mandatory Condition Requirements
Minimum instream flows as required by certification conditions 1 and 9 and Forest
Service conditions 31 and 33, channel maintenance flows as required by certification
condition 4 and Forest Service condition 34, the maintenance of reservoir water surface
elevations as required by certification conditions 3 and 5 and Forest Service conditions
36 and 37, down ramping and managed spills as required by certification condition 6 and
Forest Service condition 35, may be temporarily modified if required by operating
emergencies beyond the control of the licensee, or for short periods, up to 3 weeks, after
mutual agreement among the licensee and the Water Board, Forest Service, California
DFW, and U.S. Fish and Wildlife Service. After concurrence from the resource agencies,
the licensee must file a report with the Secretary of the Commission as soon as possible,
Project No. 619-164 - 51 -
but no later than 14 calendar days after the onset of the planned deviation. Each report
must include: (1) the reasons for the deviation and whether operations were modified, (2)
the duration and magnitude of the deviation, (3) any observed or reported environmental
effects, and (4) documentation of consultation with the resource agencies. For planned
deviations exceeding 3 weeks, the licensee must file an application for a temporary
amendment of minimum flow releases, and receive Commission approval prior to
implementation.
(e) Requirement to Notify the Commission of Unplanned Deviations from
Mandatory Condition Requirement(s) Lasting More Than 3 Hours or Resulting in
Environmental Effects.
For any unplanned deviation from minimum instream flows, channel maintenance
flows, reservoir water surface elevations, and down ramping and managed spills
requirements that lasts longer than 3 hours or results in visible environmental effects such
as a fish kill, the licensee must notify the resource agencies within 24 hours, and the
Commission within 14 days, and file a report as soon as possible, but no later than 30
days after each such incident. The report must include: (1) the cause of the deviation; (2)
the duration and magnitude of the deviation; (3) any pertinent operational and/or
monitoring data; (4) a timeline of the incident and the licensee’s response to each
deviation; (5) any comments or correspondence received from the resource agencies, or
confirmation that no comments were received from the resource agencies; and (6) a
description of measures implemented to prevent similar deviations in the future.
(f) Requirement to Notify the Commission of Unplanned Deviations from
Mandatory Condition Requirement(s) Lasting 3 Hours or Less with No Environmental
Effects
For unplanned deviations from minimum instream flows, channel maintenance
flows, reservoir water surface elevations, and down ramping and managed spills
requirements lasting 3 hours or less that do not result in visible environmental effects, the
licensee must file an annual report, by March 1, describing each incident that occurred
during the prior January 1 through December 31 time period. The report must include for
each 3 hours or less deviation: (1) the cause of the deviation, (2) the duration and
magnitude of the deviation, (3) any pertinent operational and/or monitoring data, (4) a
timeline of the incident and the licensee’s response to each deviation, (5) any comments
or correspondence received from the resource agencies, or confirmation that no
comments were received from the resource agencies, and (6) a description of measures
implemented to prevent similar deviations in the future.
(g) Requirement to File Amendment Applications
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Certain Water Board certification conditions in Appendix A, and Forest Service
4(e) conditions in Appendix B, contemplate unspecified long-term changes to project
operations or facilities for the purpose of addressing environmental effects. These
changes may not be implemented without prior Commission approval, granted after the
filing of an application to amend the license. In any amendment request, the licensees
must identify related project requirements and request corresponding amendments or
extensions of time as needed to maintain consistency among requirements.
Article 402. Reservation of Authority to Prescribe Fishways. Authority is
reserved to the Commission to require the licensees to construct and maintain, or to
provide for the construction, operation, and maintenance of, such fishways as may be
prescribed by the Secretary of the Interior or the Secretary of Commerce, pursuant to
section 18 of the Federal Power Act.
Article 403. Sierra Nevada Yellow-legged Frog Protection Measures. The
licensees must continue to implement the measures to protect the federally endangered
Sierra Nevada yellow-legged frog during reconstruction of the boat ramp and parking lot
at the Haskins Valley Boat Launch, as described in the biological assessment filed on
April 13, 2021.
This measure may not be modified without prior Commission approval. Any
proposed modifications to the measure must be approved by the U.S. Fish and Wildlife
Service before submittal to the Commission for approval. Any such submittal must
include documentation of consultation with the U.S. Fish and Wildlife Service.
The Commission reserves the right to require changes to the licensee’s
modifications. Upon Commission approval, the licensee must implement the
modifications, including any changes required by the Commission.
Article 404. Implementation of Approved Programmatic Agreement and Historic
Properties Management Plan. The licensees must implement the “Programmatic
Agreement Between the Federal Energy Regulatory Commission, the California Historic
Preservation Officer, and Advisory Council on Historic Preservation for Managing
Historic Properties that May be Affected by Issuance of a License to Pacific Gas and
Electric Company and the City of Santa Clara for the Continued Operation of the Bucks
Creek Hydroelectric Project in Plumas County, California, (FERC No. 619-164),”
executed on October 13, 2021, by the Advisory Council on Historic Preservation, and
including but not limited to the approved Historic Properties Management Plan (HPMP)
for the project. The Commission reserves the authority to require changes to the HPMP
at any time during the term of the license.
Article 405. Use and Occupancy. (a) In accordance with the provisions of this
article, the licensee must have the authority to grant permission for certain types of use
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and occupancy of project lands and waters and to convey certain interests in project lands
and waters for certain types of use and occupancy, without prior Commission approval.
The licensees may exercise the authority only if the proposed use and occupancy is
consistent with the purposes of protecting and enhancing the scenic, recreational, and
other environmental values of the project. For those purposes, the licensees must also
have continuing responsibility to supervise and control the use and occupancies for which
it grants permission, and to monitor the use of, and ensure compliance with the covenants
of the instrument of conveyance for, any interests that it has conveyed, under this article.
If a permitted use and occupancy violates any condition of this article or any other
condition imposed by the licensee for protection and enhancement of the project's scenic,
recreational, or other environmental values, or if a covenant of a conveyance made under
the authority of this article is violated, the licensees must take any lawful action
necessary to correct the violation. For a permitted use or occupancy, that action includes,
if necessary, canceling the permission to use and occupy the project lands and waters and
requiring the removal of any non-complying structures and facilities.
(b) The type of use and occupancy of project lands and waters for which the
licensees may grant permission without prior Commission approval are: (1) landscape
plantings; (2) non-commercial piers, landings, boat docks, or similar structures and
facilities that can accommodate no more than 10 water craft at a time and where said
facility is intended to serve single-family type dwellings; (3) embankments, bulkheads,
retaining walls, or similar structures for erosion control to protect the existing shoreline;
and (4) food plots and other wildlife enhancement. To the extent feasible and desirable to
protect and enhance the project's scenic, recreational, and other environmental values, the
licensees must require multiple use and occupancy of facilities for access to project lands
or waters. The licensees must also ensure, to the satisfaction of the Commission's
authorized representative, that the use and occupancies for which it grants permission are
maintained in good repair and comply with applicable state and local health and safety
requirements. Before granting permission for construction of bulkheads or retaining
walls, the licensee must: (1) inspect the site of the proposed construction, (2) consider
whether the planting of vegetation or the use of riprap would be adequate to control
erosion at the site, and (3) determine that the proposed construction is needed and would
not change the basic contour of the impoundment shoreline. To implement this
paragraph (b), the licensee may, among other things, establish a program for issuing
permits for the specified types of use and occupancy of project lands and waters, which
may be subject to the payment of a reasonable fee to cover the licensee's costs of
administering the permit program. The Commission reserves the right to require the
licensees to file a description of its standards, guidelines, and procedures for
implementing this paragraph (b) and to require modification of those standards,
guidelines, or procedures.
(c) The licensee may convey easements or rights-of-way across, or leases of
project lands for: (1) replacement, expansion, realignment, or maintenance of bridges or
Project No. 619-164 - 54 -
roads where all necessary state and federal approvals have been obtained; (2) storm
drains and water mains; (3) sewers that do not discharge into project waters; (4) minor
access roads; (5) telephone, gas, and electric utility distribution lines; (6) non-project
overhead electric transmission lines that do not require erection of support structures
within the project boundary; (7) submarine, overhead, or underground major telephone
distribution cables or major electric distribution lines (69-kV or less); and (8) water
intake or pumping facilities that do not extract more than one million gallons per day
from a project impoundment. No later than January 31 of each year, the licensee must
file with the Commission a report briefly describing for each conveyance made under this
paragraph (c) during the prior calendar year, the type of interest conveyed, the location of
the lands subject to the conveyance, and the nature of the use for which the interest was
conveyed. No report filing is required if no conveyances were made under paragraph (c)
during the previous calendar year.
(d) The licensee may convey fee title to, easements or rights-of-way across, or
leases of project lands for: (1) construction of new bridges or roads for which all
necessary state and federal approvals have been obtained; (2) sewer or effluent lines that
discharge into project waters, for which all necessary federal and state water quality
certification or permits have been obtained; (3) other pipelines that cross project lands or
waters but do not discharge into project waters; (4) non-project overhead electric
transmission lines that require erection of support structures within the project boundary,
for which all necessary federal and state approvals have been obtained; (5) private or
public marinas that can accommodate no more than 10 water craft at a time and are
located at least one-half mile (measured over project waters) from any other private or
public marina; (6) recreational development consistent with an approved report on
recreational resources of an Exhibit E; and (7) other uses, if: (i) the amount of land
conveyed for a particular use is five acres or less; (ii) all of the land conveyed is located
at least 75 feet, measured horizontally, from project waters at normal surface elevation;
and (iii) no more than 50 total acres of project lands for each project development are
conveyed under this clause (d)(7) in any calendar year. At least 60 days before
conveying any interest in project lands under this paragraph (d), the licensee must file a
letter with the Commission, stating its intent to convey the interest and briefly describing
the type of interest and location of the lands to be conveyed (a marked Exhibit G map
may be used), the nature of the proposed use, the identity of any federal or state agency
official consulted, and any federal or state approvals required for the proposed use.
Unless the Commission's authorized representative, within 45 days from the filing date,
requires the licensees to file an application for prior approval, the licensee may convey
the intended interest at the end of that period.
(e) The following additional conditions apply to any intended conveyance under
paragraph (c) or (d) of this article:
(1) Before conveying the interest, the licensee must consult with federal and state
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fish and wildlife or recreation agencies, as appropriate, and the State Historic
Preservation Officer.
(2) Before conveying the interest, the licensee must determine that the proposed
use of the lands to be conveyed is not inconsistent with any approved report on
recreational resources of an Exhibit E; or, if the project does not have an approved report
on recreational resources, that the lands to be conveyed do not have recreational value.
(3) The instrument of conveyance must include the following covenants running
with the land: (i) the use of the lands conveyed must not endanger health, create a
nuisance, or otherwise be incompatible with overall project recreational use; and (ii) the
grantee must take all reasonable precautions to ensure that the construction, operation,
and maintenance of structures or facilities on the conveyed lands will occur in a manner
that will protect the scenic, recreational, and environmental values of the project; and
(iii) the grantee must not unduly restrict public access to project lands and waters.
(4) The Commission reserves the right to require the licensee to take reasonable
remedial action to correct any violation of the terms and conditions of this article, for the
protection and enhancement of the project's scenic, recreational, and other environmental
values.
(f) The conveyance of an interest in project lands under this article does not in
itself change the project boundaries. The project boundaries may be changed to exclude
land conveyed under this article only upon approval of revised Exhibit G drawings
(project boundary maps) reflecting exclusion of that land. Lands conveyed under this
article will be excluded from the project only upon a determination that the lands are not
necessary for project purposes, such as operation and maintenance, flowage, recreation,
public access, protection of environmental resources, and shoreline control, including
shoreline aesthetic values. Absent extraordinary circumstances, proposals to exclude
lands conveyed under this article from the project must be consolidated for consideration
when revised Exhibit G drawings would be filed for approval for other purposes.
(g) The authority granted to the licensee under this article must not apply to any
part of the public lands and reservations of the United States included within the project
boundary.
(H) The licensees must serve copies of any Commission filing required by this
order on any entity specified in the order to be consulted on matters relating to that filing.
Proof of service on these entities must accompany the filing with the Commission.
(I) 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 FPA, 16 U.S.C. § 825 l, and section 385.713 of the Commission’s
regulations, 18 C.F.R. § 385.713 (2020). The filing of a request for rehearing does not
Project No. 619-164 - 56 -
operate as a stay of the effective date of this license or of any other date specified in this
order. The licensees’ failure to file a request for rehearing constitutes acceptance of this
order.
By the Commission. Commissioner Danly is concurring with a separate statement attached.
( S E A L )
Kimberly D. Bose,
Secretary.
Project No. 619-164 - 57 -
Form L-5
(October, 1975)
FEDERAL ENERGY REGULATORY COMMISSION
TERMS AND CONDITIONS OF LICENSE FOR CONSTRUCTED
MAJOR PROJECT AFFECTING NAVIGABLE WATERS
AND LANDS OF THE UNITED STATES
Article 1. The entire project, as described in this order of the Commission, shall
be subject to all of the provisions, terms, and conditions of the license.
Article 2. No substantial change shall be made in the maps, plans, specifications,
and statements described and designated as exhibits and approved by the Commission in
its order as a part of the license until such change shall have been approved by the
Commission: Provided, however, That if the Licensee or the Commission deems it
necessary or desirable that said approved exhibits, or any of them, be changed, there shall
be submitted to the Commission for approval a revised, or additional exhibit or exhibits
covering the proposed changes which, upon approval by the Commission, shall become a
part of the license and shall supersede, in whole or in part, such exhibit or exhibits
theretofore made a part of the license as may be specified by the Commission.
Article 3. The project area and project works shall be in substantial conformity
with the approved exhibits referred to in Article 2 herein or as changed in accordance
with the provisions of said article. Except when emergency shall require for the
protection of navigation, life, health, or property, there shall not be made without prior
approval of the Commission any substantial alteration or addition not in conformity with
the approved plans to any dam or other project works under the license or any substantial
use of project lands and waters not authorized herein; and any emergency alteration,
addition, or use so made shall thereafter be subject to such modification and change as
the Commission may direct. Minor changes in project works, or in uses of project lands
and waters, or divergence from such approved exhibits may be made if such changes will
not result in a decrease in efficiency, in a material increase in cost, in an adverse
environmental impact, or in impairment of the general scheme of development; but any
of such minor changes made without the prior approval of the Commission, which in its
judgment have produced or will produce any of such results, shall be subject to such
alteration as the Commission may direct.
Article 4. The project, including its operation and maintenance and any work
incidental to additions or alterations authorized by the Commission, whether or not
conducted upon lands of the United States, shall be subject to the inspection and
supervision of the Regional Engineer, Federal Energy Regulatory Commission, in the
region wherein the project is located, or of such other officer or agent as the
Commission may designate, who shall be the authorized representative of the
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Commission for such purposes. The Licensee shall cooperate fully with said
representative and shall furnish him such information as he may require concerning the
operation and maintenance of the project, and any such alterations thereto, and shall
notify him of the date upon which work with respect to any alteration will begin, as far
in advance thereof as said representative may reasonably specify, and shall notify him
promptly in writing of any suspension of work for a period of more than one week, and
of its resumption and completion. The Licensee shall submit to said representative a
detailed program of inspection by the Licensee that will provide for an adequate and
qualified inspection force for construction of any such alterations to the project.
Construction of said alterations or any feature thereof shall not be initiated until the
program of inspection for the alterations or any feature thereof has been approved by
said representative. The Licensee shall allow said representative and other officers or
employees of the United States, showing proper credentials, free and unrestricted access
to, through, and across the project lands and project works in the performance of their
official duties. The Licensee shall comply with such rules and regulations of general or
special applicability as the Commission may prescribe from time to time for the
protection of life, health, or property.
Article 5. The Licensee, within five years from the date of issuance of the license,
shall acquire title in fee or the right to use in perpetuity all lands, other than lands of the
United States, necessary or appropriate for the construction maintenance, and operation
of the project. The Licensee or its successors and assigns shall, during the period of the
license, retain the possession of all project property covered by the license as issued or as
later amended, including the project area, the project works, and all franchises,
easements, water rights, and rights or occupancy and use; and none of such properties
shall be voluntarily sold, leased, transferred, abandoned, or otherwise disposed of without
the prior written approval of the Commission, except that the Licensee may lease or
otherwise dispose of interests in project lands or property without specific written
approval of the Commission pursuant to the then current regulations of the Commission.
The provisions of this article are not intended to prevent the abandonment or the
retirement from service of structures, equipment, or other project works in connection
with replacements thereof when they become obsolete, inadequate, or inefficient for
further service due to wear and tear; and mortgage or trust deeds or judicial sales made
thereunder, or tax sales, shall not be deemed voluntary transfers within the meaning of
this article.
Article 6. In the event the project is taken over by the United States upon the
termination of the license as provided in Section 14 of the Federal Power Act, or is
transferred to a new licensee or to a nonpower licensee under the provisions of Section 15
of said Act, the Licensee, its successors and assigns shall be responsible for, and shall
make good any defect of title to, or of right of occupancy and use in, any of such project
property that is necessary or appropriate or valuable and serviceable in the maintenance
and operation of the project, and shall pay and discharge, or shall assume responsibility
Project No. 619-164 - 59 -
for payment and discharge of, all liens or encumbrances upon the project or project
property created by the Licensee or created or incurred after the issuance of the license:
Provided, That the provisions of this article are not intended to require the Licensee, for
the purpose of transferring the project to the United States or to a new licensee, to acquire
any different title to, or right of occupancy and use in, any of such project property than
was necessary to acquire for its own purposes as the Licensee.
Article 7. The actual legitimate original cost of the project, and of any addition
thereto or betterment thereof, shall be determined by the Commission in accordance
with the Federal Power Act and the Commission's Rules and Regulations thereunder.
Article 8. The Licensee shall install and thereafter maintain gages and stream-
gaging stations for the purpose of determining the stage and flow of the stream or streams
on which the project is located, the amount of water held in and withdrawn from storage,
and the effective head on the turbines; shall provide for the required reading of such
gages and for the adequate rating of such stations; and shall install and maintain standard
meters adequate for the determination of the amount of electric energy generated by the
project works. The number, character, and location of gages, meters, or other measuring
devices, and the method of operation thereof, shall at all times be satisfactory to the
Commission or its authorized representative. The Commission reserves the right, after
notice and opportunity for hearing, to require such alterations in the number, character,
and location of gages, meters, or other measuring devices, and the method of operation
thereof, as are necessary to secure adequate determinations. The installation of gages, the
rating of said stream or streams, and the determination of the flow thereof, shall be under
the supervision of, or in cooperation with, the District Engineer of the United States
Geological Survey having charge of stream-gaging operations in the region of the project,
and the Licensee shall advance to the United States Geological Survey the amount of
funds estimated to be necessary for such supervision, or cooperation for such periods as
may be mutually agreed upon. The Licensee shall keep accurate and sufficient records of
the foregoing determinations to the satisfaction of the Commission, and shall make return
of such records annually at such time and in such form as the Commission may prescribe.
Article 9. The Licensee shall, after notice and opportunity for hearing, install
additional capacity or make other changes in the project as directed by the Commission,
to the extent that it is economically sound and in the public interest to do so.
Article 10. The Licensee shall, after notice and opportunity for hearing,
coordinate the operation of the project, electrically and hydraulically, with such other
projects or power systems and in such manner as the Commission may direct in the
interest of power and other beneficial public uses of water resources, and on such
conditions concerning the equitable sharing of benefits by the Licensee as the
Commission may order.
Project No. 619-164 - 60 -
Article 11. Whenever the Licensee is directly benefited by the construction work
of another licensee, a permittee, or the United States on a storage reservoir or other
headwater improvement, the Licensee shall reimburse the owner of the headwater
improvement for such part of the annual charges for interest, maintenance, and
depreciation thereof as the Commission shall determine to be equitable, and shall pay to
the United States the cost of making such determination as fixed by the Commission. For
benefits provided by a storage reservoir or other headwater improvement of the United
states, the Licensee shall pay to the Commission the amounts for which it is billed from
time to time for such headwater benefits and for the cost of making the determinations
pursuant to the then current regulations of the Commission under the Federal Power Act.
Article 12. The United States specifically retains and safeguards the right to use
water in such amount, to be determined by the Secretary of the Army, as may be
necessary for the purposes of navigation on the navigable waterway affected; and the
operations of the Licensee, so far as they affect the use, storage and discharge from
storage of waters affected by the license, shall at all times be controlled by such
reasonable rules and regulations as the Secretary of the Army may prescribe in the
interest of navigation, and as the Commission my prescribe for the protection of life,
health, and property, and in the interest of the fullest practicable conservation and
utilization of such waters for power purposes and for other beneficial public uses,
including recreational purposes, and the Licensee shall release water from the project
reservoir at such rate in cubic feet per second, or such volume in acre-feet per specified
period of time, as the Secretary of the Army may prescribe in the interest of navigation,
or as the Commission may prescribe for the other purposes hereinbefore mentioned.
Article 13. On the application of any person, association, corporation, Federal
agency, State or municipality, the Licensee shall permit such reasonable use of its
reservoir or other project properties, including works, lands and water rights, or parts
thereof, as may be ordered by the Commission, after notice and opportunity for hearing,
in the interests of comprehensive development of the waterway or waterways involved
and the conservation and utilization of the water resources of the region for water
supply or for the purposes of steam-electric, irrigation, industrial, municipal or similar
uses. The Licensee shall receive reasonable compensation for use of its reservoir or
other project properties or parts thereof for such purposes, to include at least full
reimbursement for any damages or expenses which the joint use causes the Licensee to
incur. Any such compensation shall be fixed by the Commission either by approval of
an agreement between the Licensee and the party or parties benefiting or after notice
and opportunity for hearing. Applications shall contain information in sufficient detail
to afford a full understanding of the proposed use, including satisfactory evidence that
the applicant possesses necessary water rights pursuant to applicable State law, or a
showing of cause why such evidence cannot concurrently be submitted, and a statement
as to the relationship of the proposed use to any State or municipal plans or orders
which may have been adopted with respect to the use of such waters.
Project No. 619-164 - 61 -
Article 14. In the construction or maintenance of the project works, the Licensee
shall place and maintain suitable structures and devices to reduce to a reasonable degree
the liability of contact between its transmission lines and telegraph, telephone and other
signal wires or power transmission lines constructed prior to its transmission lines and
not owned by the Licensee, and shall also place and maintain suitable structures and
devices to reduce to a reasonable degree the liability of any structures or wires falling or
obstructing traffic or endangering life. None of the provisions of this article are intended
to relieve the Licensee from any responsibility or requirement which may be imposed by
any other lawful authority for avoiding or eliminating inductive interference.
Article 15. The Licensee shall, for the conservation and development of fish and
wildlife resources, construct, maintain, and operate, or arrange for the construction,
maintenance, and operation of such reasonable facilities, and comply with such
reasonable modifications of the project structures and operation, as may be ordered by the
Commission upon its own motion or upon the recommendation of the Secretary of the
Interior or the fish and wildlife agency or agencies of any State in which the project or a
part thereof is located, after notice and opportunity for hearing.
Article 16. Whenever the United States shall desire, in connection with the
project, to construct fish and wildlife facilities or to improve the existing fish and wildlife
facilities at its own expense, the Licensee shall permit the United States or its designated
agency to use, free of cost, such of the Licensee's lands and interests in lands, reservoirs,
waterways and project works as may be reasonably required to complete such facilities or
such improvements thereof. In addition, after notice and opportunity for hearing, the
Licensee shall modify the project operation as may be reasonably prescribed by the
Commission in order to permit the maintenance and operation of the fish and wildlife
facilities constructed or improved by the United States under the provisions of this article.
This article shall not be interpreted to place any obligation on the United States to
construct or improve fish and wildlife facilities or to relieve the Licensee of any
obligation under this license.
Article 17. The Licensee shall construct, maintain, and operate, or shall arrange
for the construction, maintenance, and operation of such reasonable recreational facilities,
including modifications thereto, such as access roads, wharves, launching ramps,
beaches, picnic and camping areas, sanitary facilities, and utilities, giving consideration
to the needs of the physically handicapped, and shall comply with such reasonable
modifications of the project, as may be prescribed hereafter by the Commission during
the term of this license upon its own motion or upon the recommendation of the Secretary
of the Interior or other interested Federal or State agencies, after notice and opportunity
for hearing.
Article 18. So far as is consistent with proper operation of the project, the
Licensee shall allow the public free access, to a reasonable extent, to project waters and
Project No. 619-164 - 62 -
adjacent project lands owned by the Licensee for the purpose of full public utilization
of such lands and waters for navigation and for outdoor recreational purposes, including
fishing and hunting: Provided, That the Licensee may reserve from public access such
portions of the project waters, adjacent lands, and project facilities as may be necessary
for the protection of life, health, and property.
Article 19. In the construction, maintenance, or operation of the project, the
Licensee shall be responsible for, and shall take reasonable measures to prevent, soil
erosion on lands adjacent to streams or other waters, stream sedimentation, and any form
of water or air pollution. The Commission, upon request or upon its own motion, may
order the Licensee to take such measures as the Commission finds to be necessary for
these purposes, after notice and opportunity for hearing.
Article 20. The Licensee shall clear and keep clear to an adequate width lands
along open conduits and shall dispose of all temporary structures, unused timber, brush,
refuse, or other material unnecessary for the purposes of the project which results from
the clearing of lands or from the maintenance or alteration of the project works. In
addition, all trees along the periphery of project reservoirs which may die during
operations of the project shall be removed. All clearing of the lands and disposal of the
unnecessary material shall be done with due diligence and to the satisfaction of the
authorized representative of the Commission and in accordance with appropriate Federal,
State, and local statutes and regulations.
Article 21. Material may be dredged or excavated from, or placed as fill in,
project lands and/or waters only in the prosecution of work specifically authorized under
the license; in the maintenance of the project; or after obtaining Commission approval,
as appropriate. Any such material shall be removed and/or deposited in such manner as
to reasonably preserve the environmental values of the project and so as not to interfere
with traffic on land or water. Dredging and filling in a navigable water of the United
States shall also be done to the satisfaction of the District Engineer, Department of the
Army, in charge of the locality.
Article 22. Whenever the United States shall desire to construct, complete, or
improve navigation facilities in connection with the project, the Licensee shall convey to
the United States, free of cost, such of its lands and rights-of-way and such rights of
passage through its dams or other structures, and shall permit such control of its pools,
as may be required to complete and maintain such navigation facilities.
Article 23. The operation of any navigation facilities which may be constructed
as a part of, or in connection with, any dam or diversion structure constituting a part of
the project works shall at all times be controlled by such reasonable rules and regulations
in the interest of navigation, including control of the level of the pool caused by such dam
or diversion structure, as may be made from time to time by the Secretary of the Army.
Project No. 619-164 - 63 -
Article 24. The Licensee shall furnish power free of cost to the United States for
the operation and maintenance of navigation facilities in the vicinity of the project at the
voltage and frequency required by such facilities and at a point adjacent thereto, whether
said facilities are constructed by the Licensee or by the United States.
Article 25. The Licensee shall construct, maintain, and operate at its own expense
such lights and other signals for the protection of navigation as may be directed by the
Secretary of the Department in which the Coast Guard is operating.
Article 26. Timber on lands of the United States cut, used, or destroyed in the
construction and maintenance of the project works, or in the clearing of said lands, shall
be paid for, and the resulting slash and debris disposed of, in accordance with the
requirements of the agency of the United States having jurisdiction over said lands.
Payment for merchantable timber shall be at current stumpage rates, and payment for
young growth timber below merchantable size shall be at current damage appraisal
values. However, the agency of the United States having jurisdiction may sell or dispose
of the merchantable timber to others than the Licensee: Provided, That timber so sold or
disposed of shall be cut and removed from the area prior to, or without undue interference
with, clearing operations of the Licensee and in coordination with the Licensee's project
construction schedules. Such sale or disposal to others shall not relieve the Licensee of
responsibility for the clearing and disposal of all slash and debris from project lands.
Article 27. The Licensee shall do everything reasonably within its power, and
shall require its employees, contractors, and employees of contractors to do everything
reasonably within their power, both independently and upon the request of officers of
the agency concerned, to prevent, to make advance preparations for suppression of, and
to suppress fires on the lands to be occupied or used under the license. The Licensee
shall be liable for and shall pay the costs incurred by the United States in suppressing
fires caused from the construction, operation, or maintenance of the project works or of
the works appurtenant or accessory thereto under the license.
Article 28. The Licensee shall interpose no objection to, and shall in no way
prevent, the use by the agency of the United States having jurisdiction over the lands
of the United States affected, or by persons or corporations occupying lands of the
United States under permit, of water for fire suppression from any stream, conduit, or
body of water, natural or artificial, used by the Licensee in the operation of the project
works covered by the license, or the use by said parties of water for sanitary and
domestic purposes from any stream, conduit, or body of water, natural or artificial,
used by the Licensee in the operation of the project works covered by the license.
Article 29. The Licensee shall be liable for injury to, or destruction of, any
buildings, bridges, roads, trails, lands, or other property of the United States, occasioned
by the construction, maintenance, or operation of the project works or of the works
Project No. 619-164 - 64 -
appurtenant or accessory thereto under the license. Arrangements to meet such liability,
either by compensation for such injury or destruction, or by reconstruction or repair of
damaged property, or otherwise, shall be made with the appropriate department or agency
of the United States.
Article 30. The Licensee shall allow any agency of the United States, without
charge, to construct or permit to be constructed on, through, and across those project
lands which are lands of the United States such conduits, chutes, ditches, railroads, roads,
trails, telephone and power lines, and other routes or means of transportation and
communication as are not inconsistent with the enjoyment of said lands by the Licensee
for the purposes of the license. This license shall not be construed as conferring upon the
Licensee any right of use, occupancy, or enjoyment of the lands of the United States
other than for the construction, operation, and maintenance of the project as stated in the
license.
Article 31. In the construction and maintenance of the project, the location and
standards of roads and trails on lands of the United States and other uses of lands of the
United States, including the location and condition of quarries, borrow pits, and spoil
disposal areas, shall be subject to the approval of the department or agency of the United
States having supervision over the lands involved.
Article 32. The Licensee shall make provision, or shall bear the reasonable cost,
as determined by the agency of the United States affected, of making provision for
avoiding inductive interference between any project transmission line or other project
facility constructed, operated, or maintained under the license, and any radio installation,
telephone line, or other communication facility installed or constructed before or after
construction of such project transmission line or other project facility and owned,
operated, or used by such agency of the United States in administering the lands under its
jurisdiction.
Article 33. The Licensee shall make use of the Commission's guidelines and other
recognized guidelines for treatment of transmission line rights-of-way, and shall clear
such portions of transmission line rights-of-way across lands of the United States as are
designated by the officer of the United States in charge of the lands; shall keep the areas
so designated clear of new growth, all refuse, and inflammable material to the satisfaction
of such officer; shall trim all branches of trees in contact with or liable to contact the
transmission lines; shall cut and remove all dead or leaning trees which might fall in
contact with the transmission lines; and shall take such other precautions against fire as
may be required by such officer. No fires for the burning of waste material shall be set
except with the prior written consent of the officer of the United States in charge of the
lands as to time and place.
Project No. 619-164 - 65 -
Article 34. The Licensee shall cooperate with the United States in the disposal by
the United States, under the Act of July 31, 1947, 61 Stat. 681, as amended (30 U.S.C.
sec. 601, et seq.), of mineral and vegetative materials from lands of the United States
occupied by the project or any part thereof: Provided, That such disposal has been
authorized by the Commission and that it does not unreasonably interfere with the
occupancy of such lands by the Licensee for the purposes of the license: Provided
further, That in the event of disagreement, any question of unreasonable interference shall
be determined by the Commission after notice and opportunity for hearing.
Article 35. If the Licensee shall cause or suffer essential project property to be
removed or destroyed or to become unfit for use, without adequate replacement, or shall
abandon or discontinue good faith operation of the project or refuse or neglect to comply
with the terms of the license and the lawful orders of the Commission mailed to the
record address of the Licensee or its agent, the Commission will deem it to be the intent
of the Licensee to surrender the license. The Commission, after notice and opportunity
for hearing, may require the Licensee to remove any or all structures, equipment and
power lines within the project boundary and to take any such other action necessary to
restore the project waters, lands, and facilities remaining within the project boundary to a
condition satisfactory to the United States agency having jurisdiction over its lands or the
Commission's authorized representative, as appropriate, or to provide for the continued
operation and maintenance of nonpower facilities and fulfill such other obligations under
the license as the Commission may prescribe. In addition, the Commission in its
discretion, after notice and opportunity for hearing, may also agree to the surrender of the
license when the Commission, for the reasons recited herein, deems it to be the intent of
the Licensee to surrender the license.
Article 36. The right of the Licensee and of its successors and assigns to use or
occupy waters over which the United States has jurisdiction, or lands of the United States
under the license, for the purpose of maintaining the project works or otherwise, shall
absolutely cease at the end of the license period, unless the Licensee has obtained a new
license pursuant to the then existing laws and regulations, or an annual license under the
terms and conditions of this license.
Article 37. The terms and conditions expressly set forth in the license shall not be
construed as impairing any terms and conditions of the Federal Power Act which are not
expressly set forth herein.
Project No. 619-164 A-1
APPENDIX A
Final 401 Terms and Conditions filed by the California State Water Resources
Control Board (Water Board) Pursuant to Section 401(a)(1) of the Clean Water Act,
for the Bucks Creek Hydroelectric Project Project No. 619
Filed on October 23, 2020
ACCORDINGLY, BASED ON ITS INDEPENDENT REVIEW OF THE RECORD,
THE STATE WATER RESOURCES CONTROL BOARD CERTIFIES THAT
OPERATION OF THE BUCKS CREEK HYDROELECTRIC PROJECT (Project)
will comply with sections 301, 302, 303, 306, and 307 of the Clean Water Act, and with
applicable provisions of State law under the following terms and conditions.
CONDITION 1. Minimum Instream Flows
The Licensees shall provide instream flow releases at the following locations:
Bucks Creek below Bucks Lake Dam;
Bucks Creek below Lower Bucks Lake Dam;
Grizzly Creek below Grizzly Forebay;
Milk Ranch Creek below Three Lakes;
Milk Ranch Creek at Milk Ranch Conduit Diversion No. 1; and
South Fork Grouse Hollow Creek at Milk Ranch Conduit Diversion No. 3.
The Licensees shall provide minimum instream flows as specified in Tables 1 through 6.
For compliance purposes, the point of measurement for each required minimum instream
flow is described in the Streamflow and Reservoir Level Gaging Plan (Condition 13) and
Tables 1 through 6.
The Licensees shall implement specified minimum instream flows within the first 90
days of the new license term, as required in Tables 1 through 6.
75
Where an instream flow release structure must be modified or newly constructed (refer
to the Streamflow and Reservoir Level Gaging Plan – Condition 13), the Licensees shall
75
Releases made through manually operated valves may be subject to weather and
road conditions affecting access or operability, and they shall be made as soon as
reasonably practicable given the circumstances.
Project No. 619-164 A-2
complete the work as soon as reasonably practicable, and within two years after receiving
all required permits and approvals for the work.
Flows shall be measured at the gage or Project location referenced in this condition
unless otherwise approved by the Deputy Director. The Licensees shall comply with
applicable California laws and regulations regarding measuring and monitoring water
diversions, including California Code of Regulations, title 23, section 933, and
amendments thereto, and State Water Board requirements to provide telemetered
76
diversion data on a public website.The Licensees shall post all gaged flow and other
data to the California Data Exchange Center website, within 24-hours of flow
measurement, unless otherwise approved by the Deputy Director. The Licensees shall
publicly notice at an easily accessible location on the internet all known events that will
affect minimum flow releases (e.g., powerhouse outages, construction, etc.) a minimum
of 30 days in advance.
Flow Measurements and Reporting for Locations with Continuous Measurements
(Table 2 and Table 3). At locations with continuous instream flow measurements (see
Tables 2 and 3), minimum instream flows shall be measured as an average hourly flow
calculated at the top of each hour. At a minimum, the Licensees shall calculate the
average hourly flow by taking the mean of four instantaneous measurements at 15 minute
intervals, as specified by United States Geological Survey (USGS) standards. The
average hourly instream flow shall be at least 90 percent of the applicable minimum
instream flow requirement set forth in Tables 2 and 3. If the average hourly flow
temporarily falls below the applicable minimum instream flow requirement (due to
unforeseen circumstances such as debris blocking the intake, ice conditions on the
measurement weir, etc.) the Licensees shall restore the required minimum instream flow
as soon as reasonably practicable and notify the Deputy Director of the Division of Water
Rights (Deputy Director) within 24 hours of the temporary hourly flow deviation. For
any temporary average hourly instream flow decreases, the Licensee shall be document
the following items in the annual report: (a) duration of decreased flow; (b) cause of
decreased flow; and (c) actions the Licensees propose to take or have taken to prevent
such a decrease in flows in the future or a description of why such actions are not
feasible.
The average daily flow shall meet the applicable minimum instream flow requirement. If
the average daily flow deviates below the applicable minimum instream flow
requirement, the Licensees shall file a report with: Federal Energy Regulatory
Commission (FERC); United States Department of Agriculture, Forest Service (Forest
76
Information regarding telemetered requirements are available at the State Water
Board’s Telemetry Requirements webpage, which is available online at:
https://www.waterboards.ca.gov/waterrights/water_issues/programs/measurement_regula
tion/telemetry_requirements.html.(Last Accessed October 21, 2020)
Project No. 619-164 A-3
Service); United States Department of the Interior, Fish and Wildlife Service (USFWS);
California Department of Fish and Wildlife (CDFW); and Deputy Director within 30
days of the incident. The report shall identify, to the extent possible, the cause, magnitude
(i.e., instream flows measured versus instream flow requirement), duration of the
deviation, any observed or reported adverse environmental impacts resulting from the
deviation, all corrective actions taken, and actions the Licensees propose to take to
prevent such a decrease in flows in the future.
The Deputy Director may require the Licensee to implement corrective actions to prevent
similar future deviations in instream flows.
Flow Measurements and Reporting for Locations with Manual Data Collection (Table 1,
Table 4, Table 5, and Table 6). At locations with manual data collection, the release
valve shall be inspected and maintained at least once in each of the spring, summer, and
fall of each year. Seasonal inspection, maintenance, and documentation of valve settings
will constitute compliance with flow requirements at these locations. Adjustments to the
valves during seasonal inspections may be needed to comply with the prescribed
minimum instream flows in Tables 1, 4, 5, and 6, and adjustments to the valves shall be
documented in the annual report described below.
The minimum instream flow requirements listed in Tables 1, 4, 5, and 6 may be
temporarily modified as required for maintenance or repair of a dam, outlet facility, and
minimum flow release facility. The Licensees shall notify FERC, the Forest Service,
CDFW, USFWS, and the Deputy Director at least five business days prior to any such
modification. The notification shall include: a description of the temporary flow
modification; reason for the temporary flow modification; any potential impacts that may
result from the temporary flow modification; and anticipated duration of the temporary
flow modification. The Deputy Director may require the Licensees to defer the
temporary flow modification or implement other actions as part of the temporary flow
modification.
The Licensees shall notify FERC, Forest Service, CDFW, USFWS, and the Deputy
Director within two business days after any modification of the minimum instream flows
due to operational emergencies beyond the control of the Licensees, or in the interest of
public safety. For the purposes of this condition, an “emergency” is defined as an event
that is reasonably out of the control of the Licensees and requires Licensees to take
immediate action, either unilaterally or under instruction by law enforcement or other
regulatory agency staff, to prevent imminent loss of human life or substantial property
damage. An emergency may include but is not limited to: natural events such as
landslides, storms or wildfires; malfunction or failure of Project works; and recreation
accidents. Extremely dry conditions, including a drought for which the Governor of the
State of California declares a drought emergency for Plumas County, shall not be
considered an emergency for purposes of this condition.
Project No. 619-164 A-4
Annual Reporting on Minimum Instream Flow Compliance. After consulting with and
incorporating any comments from the Forest Service, CDFW, USFWS, and State Water
Board staff, the Licensees shall submit the final annual report to the Deputy Director that
summarizes compliance with the minimum instream flow requirements during the prior
77
water yearas specified in Condition 25. The annual report shall be submitted to the
Deputy Director no later than December 15 and shall include the items referenced below
and in this condition.
Continuous Monitoring: For all continuously gaged locations, daily mean data shall be
included in the report.
Manual Monitoring: At locations with flow releases based on manual valve settings, the
Licensees shall provide an annual report that includes:
The dates the Licensees checked the outlet works/valves at each site from the
beginning of spring through fall;
The estimated flow released at the time the valve was checked, along with a
comparison to the applicable minimum instream flow requirement;
Documentation of any adjustments made at each site at the time the outlet
works/valves were checked and the estimated flow released following any
adjustments; and
The date the valves were adjusted to the Winter Setting (WS) at Milk Ranch Creek
below Three Lakes (Table 4) and at Milk Ranch Conduit Division No. 1 (Table 5),
respectively. If the valve(s) was set to the WS prior to November 1, the Licensees
shall describe the conditions that required the early adjustment.
Deviations from Minimum Instream Flows: Any deviations from the minimum instream
flows outlined in this condition shall be summarized in the report, including all
information referenced earlier in this condition.
The Licensees shall review the instream flow annual report at the annual Ecological
Consulting Group (ECG) meeting (Condition 22).
77
A water year refers to the 12-month time period from October 1 to September
30.
5
-
A
366786689
SepSepSep
36688689
10
AugAugAug
3668689
1010
JulJulJul
3689689
1111
JunJunJun
37868
12151013
MayMayMay
37868
12151013
AprAprApr
37868
12151013
MarMarMar
3668468
1010
FebFebFeb
345684689
JanJanJan
345684689
DecDecDec
345684689
NovNovNov
366686689
OctOctOct
cfs), as measured at USGS Gage No. 11404300 (also referred to as Project ID NF22)
164
-
Type
Bucks Creek Minimum Instream Flow Requirements Below Bucks Lake by Water Year Type (in cubic feet per second \[cfs\]), as measured at Project ID BUCKS2 Bucks Creek Minimum Instream Flow
Requirements Below Lower Bucks Lake by Water Year Type (in cfs), as measured at USGS Gage No. 11403530 (also referred to as Project ID NF82) Grizzly Creek Minimum Instream Flow Requirements
Below Grizzly Forebay by Water Year Type (in
All
DryDry
WetWet
NormalNormal
Critically DryCritically Dry
Table 1.Table 2. Table 3.
Water Year Water Year TypeWater Year Type
Project No. 619
6
-.
A
1212
Sep 0.5 Sep 0.5
0.250.25
of California
3
121
2
o the valve house.
0.50.5
Aug 0.25 Aug 0.25
3
121
2
0.50.5
JulJul
0.250.25
3
121
2
0.50.5
JunJun
0.250.25
at Oroville as set forth in Bulletin 120
3
121
2
0.50.5
0.250.25
MayMay
22
22
,3
222
2
121
2
AprApr
0.50.5
0.250.25
1111
opened and the natural inflow equals the outflow of the reservoir.
ess days, or as soon thereafter as accessible, following
-
WSWSWSWS
MarMar
0.250.250.250.25
120.
1111
WSWSWSWS
FebFeb
0.250.250.250.25
Bulletin
1111
WSWSWSWS
JanJan
0.250.250.250.25
level outlet valve is fully
-
1111
restrict safe access to the diversion.
WSWSWSWS
DecDec
0.250.250.250.25
1111
1
California Department of Water Resources water year forecast of unimpaired runoff in
WSWSWS
NovNov
WS
0.250.250.250.25
1212
Oct 0.5 Oct 0.5
0.250.25
cfs), as measured at Project ID MR2
164
-
Milk Ranch Creek Minimum Instream Flow Requirements Below Three Lakes by Water Year Type (inMilk Ranch Creek Minimum Instream Flow Requirements at Milk Ranch Conduit Diversion No. 1
by Water Year Type (in cfs), as measured at Project ID MRC1 0.25 or natural inflow, whichever is less. The Licensees may set the outlet to 0.25 cfs prior to November 1 if The Licensees
shall adjust the valve within two busin
“Winter Setting” refers to when the low
DryDry
WetWet
weather is predicted that may the publication of the the Feather River at Oroville as set forth in
NormalNormal
WS:The Licensees may open the outlet to the WS prior to November 1 if weather is predicted that may restrict safe access tThe Licensees shall adjust the valve within two business days,
or as soon thereafter as accessible, following the publicationDepartment of Water Resources water year forecast of unimpaired runoff in the Feather River
12
Critically DryCritically Dry
Table 4. 12 Table 5.
Water Year TypeWater Year Type
Project No. 619
7
-
1
A
0.5
Sep
1
0.5
Aug
1
Jul
0.5
1
0.5
Jun
1
0.5
May
1
0.5
Apr
Milk Ranch Conduit Closure, bypass flows shall be
1
–
0.5
Mar
1
0.5
Feb
.
1
0.5
Jan
1
0.5
Dec
1
through August 15 in
0.5
Nov
1
0.5
Oct
164
-
If conditions are met in accordance with Condition 9 South Fork Grouse Hollow Creek Minimum Instream Flow Requirements at Milk Ranch Conduit Diversion No. 3 by Water Year Type (in cfs),
as measured at Project ID MRC2 0.5 or natural inflow, whichever is less.
All
implemented from April
WY Type
1
3
Table 6.
Project No. 619
Project No. 619-164 A-8
CONDITION 2. Cease Diversions at Milk Ranch Conduit Diversion No. 8
For the protection of the federally Endangered Species Act (ESA)-listed endangered
Sierra Nevada yellow-legged frog (Rana sierrae), the Licensees shall permanently cease
diversion of flows from Bear Ravine into Milk Ranch Conduit at Milk Ranch Conduit
Diversion No. 8, thus allowing the full natural flow in Bear Ravine. Within 60 days, or
as soon as is reasonably accessible following license issuance (whichever is later), the
Licensees shall install a cap or cover that will completely close and secure the diversion
pipe into the Milk Ranch Conduit. Existing infrastructure may be left in place to
minimize adverse environmental effects. The Licensees shall also install screens and
maintain air vents in order to prevent wildlife from entering the vents. In addition, the
Licensees shall perform any necessary maintenance on the screens to prevent wildlife
intrusion.
Prior to any modifications of this diversion structure beyond those discussed in this
condition (i.e., cap and secure the diversion pipe, screen installation, air vents), the
Licensees shall consult with the Forest Service, USFWS, CDFW, and State Water Board
staff. The consultation shall include the option to visit the site to discuss the proposed
work. Following consultation, the Licensees shall submit the proposed modifications to
the Deputy Director for review and consideration of approval. The Deputy Director may
require modifications as part of any approval. At a minimum, the proposed modifications
shall include: measures that will be implemented to protect water quality and beneficial
uses; schedule; and documentation of consultation, including any comments received.
The Licensees shall complete the proposed work following receipt of approval from the
Deputy Director and any other required approvals.
The Licensees shall monitor the existing diversion structure and adjacent hillslope
following Wet water years (as defined in Condition 7) for signs that the structure or
hillslope are at risk of failure. If the Licensees determine that non-routine maintenance of
the structure or hillslope is required to prevent significant adverse environmental impacts,
the Licensees shall consult with Forest Service, USFWS, CDFW, and State Water Board
staff regarding appropriate protection measures, as outlined in the Sierra Nevada Yellow-
legged Frog Management Plan (Condition 16). Following consultation, the Licensees
shall submit any non-routine maintenance to the Deputy Director for review and
consideration of approval. At a minimum, the proposed modifications shall include:
measures that will be implemented to protect water quality and beneficial uses; schedule;
and documentation of consultation, including any comments received. The Deputy
Director may require modifications as part of any approval. The Licensees shall
complete the proposed modifications following receipt of approval from the Deputy
Director and any other required approvals.
Project No. 619-164 A-9
CONDITION 3. Annual Drawdown of Three Lakes
The Licensees shall verify the water surface elevation of Lower Three Lakes on
August 15 of each year, or the shortest amount of time before August 15 if conditions
prevent access.
If the water surface elevation is above 6,072 feet (ft), as measured by Gage NF10
(USGS Gage No. 11403300), the Licensees shall initiate drawdown on August 15,
or the shortest amount of time before August 15 if conditions prevent access, and
set the low-level outlet valve to release 9 cfs (based on the rating curve at Project
ID MR2).
If the water surface elevation is at or below 6,072 ft, as measured by Gage NF10,
the Licensees shall calculate the date on which they will initiate drawdown at a
release of 9 cfs with the objective of reaching minimum pool at Lower Three
Lakes (water surface elevation of 6,050 ft) by September 15.
After setting the low-level outlet valve at Three Lakes to release 9 cfs as described above,
the Licensees shall not modify the valve until November 1. On November 1 of each year
the Licensees shall fully open the low-level outlet valve to the “Winter Setting” (see
Table 4). The low-level outlet valve shall be set to release 9 cfs, based on the rating
curve, however actual flow releases from the low-level outlet valve may vary depending
on reservoir head and natural inflow into Three Lakes. The low-level outlet valve may be
fully opened to the Winter Setting prior to November 1 if predicted weather may restrict
safe access to the valve house. In such instances, the Licensees shall provide the Deputy
Director with notice of the need to fully open the low-level outlet valve earlier than
November 1 and provide associated supporting documentation.
By January 31 of each year, the Licensees shall provide the Forest Service, CDFW,
USFWS, and State Water Board staff a draft report documenting the following:
The water surface elevation of Lower Three Lakes on or preceding August 15 (if
access is precluded), when the water surface elevation was verified. If the water
surface elevation is verified on a date other than August 15, that date shall be
identified;
The date the Licensees initiated drawdown of Three Lakes;
The date when minimum pool was reached at Lower Three Lakes; and
The date when the outlet valve was fully opened to the “Winter Setting.”
After consulting with and incorporating any comments from the Forest Service, CDFW,
USFWS, and State Water Board staff, the Licensees shall file a final report with the
Deputy Director on the drawdown of Three Lakes, as specified in Condition 25 and
Project No. 619-164 A-10
before the ECG meeting each year. The Licensees shall review the dates associated with
the prior year’s drawdown at the annual ECG meeting (Condition 22).
CONDITION 4. Channel Maintenance Flows
The Licensees shall provide channel maintenance flows (referred to as spills) in Wet and
Normal water years at the following locations:
Bucks Creek below Lower Bucks Lake; and
Grizzly Creek below Grizzly Forebay.
Water year designations shall be based on the March issuance of the California
Department of Water Resources (DWR) March Bulletin 120 forecast (as defined in
Condition 7 – Water Year Types).
Bucks Creek below Lower Bucks Lake
Annual Spill Requirements. If, by March 31 of each Normal or Wet water year in which
a natural spill in excess of 70 cfs (as measured by Gage NF57 on the North Fork Feather
River, which is part of the Rock Creek-Cresta Project, FERC Project No. 1962) has not
occurred in the previous 18 months, the Licensees shall provide instream flows of 50 – 70
cfs in Bucks Creek below Lower Bucks Lake Dam for a period of at least 18 hours. This
may be accomplished by any combination of spill, release, and accretion flows. At the
end of this event, the Licensees shall smoothly taper off the flow consistent with existing
equipment and the requirements in Condition 6 – Spill Management at Grizzly Forebay
and Lower Bucks Lake. The Licensees shall make reasonable efforts to coordinate this
event with high flows (above 3,000 cfs) in the North Fork Feather River (NFFR). If the
March Bulletin 120 forecast indicates that the water year type is Dry or Critically Dry
this Annual Spill flow is not required for that year regardless of whether later forecasts
indicate that the water year type is Normal or Wet.
High Spill Requirement. If, by March 31 of each Normal or Wet water year in which a
High Spill
78
has not occurred during the previous five years in Bucks Creek below Lower Bucks
Lake Dam, the Licensees shall implement a High Spill event of 200–300 cfs for at least
18 hours. This event shall be concurrent with flows of more than 3,000 cfs at Gage
NF57. The Licensees are not required to implement a High Spill if flows at Gage NF57
in excess of 3,000 cfs are not available or the Licensees cannot reasonably accommodate
a High Spill at a time when 3,000 cfs may be available due to safety or emergency
conditions that exist at the time. In such an event, the Licensees may consider a High
78
A High Spill, in this case, refers to a flow of 200–300 cfs for at least 18 hours in
duration.
Project No. 619-164 A-11
Spill concurrent with a flow at Gage NF57 of less than 3,000 cfs but in no event less than
1,600 cfs, recognizing that this further consideration may result in a postponement of the
High Spill to a future year. The Licensees shall electronically notify the Forest Service,
CDFW, USFWS, and State Water Board staff of the planned High Spill event, including
the proposed schedule for the spill.
Upon completion of the 18-hour High Spill, the Licensees shall smoothly taper off the
flow consistent with existing equipment and the requirements in Condition 6 – Spill
Management at Grizzly Forebay and Lower Bucks Lake. If the March Bulletin 120
forecast indicates that the water year type is Dry or Critically Dry, this High Spill event is
not required for that year and shall be postponed to the next eligible year regardless of
whether later Bulletin 120 forecasts indicate that the water year type is Normal or Wet.
Unplanned Spill Events. Although rare, it is possible that Lower Bucks Lake may
experience an unavoidable spill in the spring months due to an uncontrolled spill at Bucks
Lake, powerhouse outages, or other emergencies. In such event, and to the extent
reasonably possible under these conditions, the Licensees shall notify the Forest Service,
CDFW, USFWS, and State Water Board staff and minimize the magnitude of such spill if
corresponding high flow conditions (above 3,000 cfs) are not present in the NFFR. In the
event an unplanned spill may be expected to occur prior to March 31, and if such spill
could be increased to over 200 cfs for at least 18 hours, the Licensees shall notify (by
email and phone) the Forest Service, CDFW, USFWS, and State Water Board staff prior
to implementation of any actions to increase the spill, if time permits. Reasonable efforts
shall be made to incorporate any comments received from the agencies recognizing that
rapidly changing conditions may necessitate action by the Licensees to take advantage of
the opportunity to spill more than 200 cfs.
Measurement. Measurement of channel maintenance flows in Bucks Creek shall be
based on reservoir elevation and appropriate rating tables for the spillways for each dam.
Unless otherwise approved by the Deputy Director, the Licensees shall use telemetered
reservoir elevations to monitor and control channel maintenance flows.
Grizzly Creek Channel Maintenance Flow Requirements
Annual Spill Requirements. The Licensees shall track natural spill events at Grizzly
Forebay Dam. If, by March 31 of each Normal or Wet water year in which a natural spill
in excess of 50 cfs for at least 18 hours duration has not occurred in the previous 18
months, the Licensees shall provide minimum instream flows of 50–70 cfs in Grizzly
Creek below Grizzly Forebay Dam for a period of at least 18 hours prior to April 15 of
that year. This may be accomplished by any combination of spill, release, and accretion
flows. At the end of this event, the Licensees shall smoothly taper off the flow consistent
with existing equipment and the requirements in Condition 6 – Spill Management at
Grizzly Forebay and Lower Bucks Lake. If the March Bulletin 120 forecast indicates
Project No. 619-164 A-12
that the water year type is Dry or Critically Dry, this annual spill flow is not required for
that year regardless of whether later forecasts indicate that the water year type is Normal
or Wet.
Unplanned Spill Events. Spill flow at Grizzly Forebay is a common event in Normal and
Wet water years; therefore, the Licensees are not required to provide any notification in
the event of unplanned spills at this location.
Measurement. Flows in Grizzly Creek shall be measured at Project Gage NF22 (USGS
Gage No. 11404300).
Reporting of Channel Maintenance Flows
The Licensees shall prepare a report for each year that a channel maintenance flow may
be required to be released in either Bucks Creek or Grizzly Creek (i.e., Normal or Wet
water years, as designated in the March Bulletin 120). The report shall include: data on
the timing, magnitude, and duration of the spill flow(s); data on the timing, magnitude,
and duration of the tapering flows; any turbidity data collected; why flows were not
provided (e.g., flows in NFFR less than 3,000 cfs, spill occurred within past 18 months,
etc.), if applicable; and any other observations. After consulting with and incorporating
any comments from the Forest Service, CDFW, USFWS, and State Water Board staff,
the Licensees shall file a final report on the channel maintenance flows with the Deputy
Director, as specified in Condition 25. The Licensees shall review the results of the
channel maintenance flow report at the annual ECG meeting (Condition 22).
Emergency Conditions
If emergency conditions exist and the Licensees are unable to implement actions required
by this condition, the Licensees shall notify the Deputy Director with a description of the
emergency and assoicated implementation challenges, and may not be bound by the
requirements of this condition.
CONDITION 5. Project Reservoirs Water Surface Elevations
The Licensees shall operate the Project to meet or exceed the following water surface
elevations (elevations) for Lower Bucks Lake, Lower and Middle Three Lakes, Bucks
Lake, and Grizzly Forebay.
Lower Bucks Lake
Elevation shall not be drawn down below an elevation of 4,966 ft above mean sea level
(msl) and shall be measured at PG&E Gage NF13 (USGS Gage No. 11403520).
Project No. 619-164 A-13
Lower and Middle Three Lakes
Elevation of Lower Three Lakes shall not be drawn down below 6,050 feet above msl;
and Middle Three Lakes shall not be drawn down below an elevation of 6,057 feet msl.
Elevations shall be measured at PG&E Gage NF10 (USGS Gage No. 11403300).
Bucks Lake
Elevation shall be determined based on month and water year type (Condition 7).
Drawdown for a Wet or Normal water year between June 1 through September 1 shall
not exceed 15 feet below the elevation of June 1, and shall not go below an elevation of
5,100 feet above msl. Drawdown for a Dry or Critically Dry water year shall not go
below elevation 5,080 feet above msl prior to September 1. Elevations shall be measured
at PG&E Gage NF16 (USGS Gage No. 11403500).
Grizzly Forebay
Elevation shall not be drawn down below 4,303 feet above msl. Elevations shall be
measured at PG&E Gage NF19 (USGS Gage No. 11404250).
Departure from these elevations shall be permissible only when it is necessary to perform
maintenance on the respective dams or their outlet works, when in the interest of public
safety, or as may be otherwise authorized by the Deputy Director. The Licensees shall
make every effort to schedule maintenance activities in a manner that allows for
attainment of the elevations required in this condition. The Licensees shall report any
deviations from the elevations to the Deputy Director within five days of the deviation,
including the reason for the deviation and any proposed actions the Licensees will take in
the future to avoid a similar deviation, if applicable. All elevations are on Feather River
79
Power Company datum.
CONDITION 6. Spill Management at Grizzly Forebay and Lower Bucks Lake
To minimize the impact of unavoidable spills on Grizzly Creek, the Licensees shall draw
down reservoir levels in Grizzly Forebay in advance of forecasted spill events to the
extent practical. However, since Grizzly Forebay often receives more flow than is able to
be released through Bucks Creek Powerhouse, the Licensees shall use managed spills to
attenuate flows in Grizzly Creek.
At no time shall the Licensees schedule managed spills during the first five business days
or the last two business days of the prescribed daily steps of the Rock Creek Cresta
79
Elevations in “Feather River Power Company datum” are 3.5 ft lower than those
expressed as “USGS Datum.”
Project No. 619-164 A-14
80
Project’s Cresta Reach 21-day Spill Recession (CSR). Preferably, the Licensees shall
schedule Grizzly Forebay managed spills prior to the CSR; however, if that is impractical
the managed spills may be scheduled during the 15 days of constant flow in the CSR (i.e.,
Days 6 through 20). For additional protection of the sensitive period of the foothill
yellow-legged frog population in the Cresta Reach, powerhouse outages longer than two
weeks in duration of Bucks Creek Powerhouse and Grizzly Powerhouse shall not be
scheduled during the period of April through July. Although outages in fall months are
unlikely to result in spills, no outages shall be scheduled in August or September if they
will cause a spill.
Allowable Load Changes in Critically Dry, Dry, and Normal Water Years
April through September. For down-ramping of managed spills that occur from April
through September, daily (24 hours) load changes shall not exceed the megawatt (MW)
value in Tables 7, 8, and 9, corresponding to the applicable powerhouse and
instantaneous spill flow at the beginning of that 24-hour increment.
October through March. For down-ramping of managed spills that occur from October
through March, hourly (60 minutes) load changes shall not exceed the MW value in
Tables 7, 8, or 9, corresponding to the applicable powerhouse and instantaneous spill
flow at the beginning of that 60-minute increment. During spills greater than 350 cfs that
occur from October through March, flexible schedules and bidding are allowed at sub-
hourly increments, but load changes shall not exceed the MW value in Tables 7, 8, or 9
corresponding to the applicable powerhouse and instantaneous spill flow at the beginning
of that increment.
Allowable Load Changes in Wet Water Years
May through September. For down-ramping of managed spills that occur from May
through September, daily (24 hours) load changes shall not exceed the MW value in
Tables 7, 8, or 9, corresponding to the applicable powerhouse and instantaneous spill
flow at the beginning of that 24-hour increment.
October through April. For down-ramping of managed spills that occur from October
through April, and when flows on the NFFR at PG&E Gage NF56 exceed 3,500 cfs,
80
For the protection of foothill yellow-legged frogs, during the months of May
through September in all year types, the Rock Creek-Cresta Project FERC license
specifies that PG&E must implement the CSR. In this instance, CSR refers to a 21-day
recession in the Cresta reach during the transition period from 1,000 cfs to base flows in
the North Fork Feather River. For reference, the following steps are targets under the
Rock CreekCresta Project FERC license based on daily average flow in cfs, measured at
the Cresta Reservoir radial gate: Day 1 at 1,000 cfs, Day 2 at 920 cfs, Day 3 at 840 cfs,
Day 4 at 760 cfs, Day 5 at 680 cfs, Days 6-20 at 600 cfs, Day 21 at 520 cfs, Day 22 at
Base Flow.
Project No. 619-164 A-15
hourly (60 minutes) load changes shall not exceed the MW value in Tables 7, 8, or 9,
corresponding to the applicable powerhouse and instantaneous spill flow at the beginning
of that 60-minute increment.
During spills of greater than 350 cfs that occur from October through April, and when
flows on the NFFR at PG&E Gage NF56 exceed 3,500 cfs, flexible schedules and
bidding are allowed at sub-hourly increments, but load changes shall not exceed the MW
value in Tables 7, 8, or 9, corresponding to the applicable powerhouse and instantaneous
spill flow at the beginning of that increment.
Monitoring and Reporting
The Licensees shall monitor stream stage and calculated instream flow in Bucks Creek
downstream of Lower Bucks Lake Dam and in Grizzly Creek downstream of Grizzly
Forebay Dam for the first five years of the license, or until all three down-ramping
scenarios have been implemented, whichever comes first. Flow measurement methods
are described in the Streamflow and Reservoir Level Gaging Plan (Condition 13).
No later than five years after issuance of the new FERC license, the Licensees shall
submit a draft report to Forest Service, CDFW, USFWS, and State Water Board staff that
documents the effects of the measures listed in this condition on instream flow conditions
in Bucks Creek, Grizzly Creek, and the NFFR and provide recommendations the
Licensees will implement to improve compliance with this condition. After consulting
with and incorporating comments from the Forest Service, CDFW, USFWS, and State
Water Board staff, the Licensees shall file a final report on the spill management at
Grizzly Forebay and Lower Bucks Lake with the Deputy Director, as specified in
Condition 25. If, based on the report, resource agencies input, and associated hydrologic
data, the Licensees propose to revise the condition to protect aquatic species differently
than pursuant to the current requirements of this condition, the Licensees shall submit a
formal request to amend the existing water quality certification. The Licensees shall
include all relevant documentation of coordination and consultation with the request.
16
-
A
20914070351588645
–––
––––
----
~207
67 33 58 29
203 135 119
Per Step (cfs)
Per Step (cfs)
Approximate Powerhouse Flow Change
Approximate Powerhouse Flow Change
1
----
8.04.06.0
2.0
Change (MW)
12.040.024.012.0
MW step.
-
Allowable Change (MW)Allowable
Grizzly Powerhouse Load Changes for Spills at Grizzly Forebay Dam Bucks Creek Powerhouse Load Changes for Spills at Grizzly Forebay Dam
run zone, may require a 3
-
800550350800550350
11 MW no
Table 7. Table 8.
––––––
–
> 800< 150> 800< 150
164
551 351 150 551 351 150
-
Initial Flow at Gage NF22 (cfs)Initial Flow at Gage NF22 (cfs)
Depending on the 9
1
Project No. 619
17
-
A
2091407035
––––
--
67 33
203 135
Per Step (cfs)
Approximate Powerhouse Flow Change
1
.
--
8.04.0
2.0
12.0
MW step
-
Allowable Change (MW)
Grizzly Powerhouse Load Changes for Spills at Lower Bucks Dam
run zone, may require a 3
-
800550350
11 MW no
–––
Table 9.
–
> 800< 150
551 351 150
164
-
Initial Flow at Gage NF22 (cfs)
Depending on the 9
1
Project No. 619
Project No. 619-164 A-18
CONDITION 7. Water Year Types
The Licensees shall use the California DWR water year forecast of unimpaired runoff in
the Feather River at Oroville as set forth in DWR’s Bulletin 120,
81
each year in each month from February through May to determine the applicable water
year type as described below when implementing the conditions of this water quality
certification, including instream flows (Condition 1), channel maintenance flows
(Condition 4), and Project reservoirs water surface elevations (Condition 5). The April
forecast shall be used to determine if conditions are met for Wet water year Milk Ranch
Conduit Diversion Nos. 1 and 2 bypass flows (Condition 9). Water years are categorized
into four water year types based on inflow to Lake Oroville: Wet, Normal, Dry, and
Critically Dry. The water year types are defined as follows:
Wet: Greater than or equal to 5,679 thousand acre-feet (TAF) at Oroville;
Normal: Less than 5,679 TAF but greater than or equal to 3,228 TAF at Oroville;
Dry: Less than 3,228 TAF but greater than or equal to 2,505 TAF at Oroville; and
Critical Dry: Less than 2,505 TAF at Oroville.
The Licensees shall use DWR’s forecast of the water year type on or about February 10
to comply with the conditions of this water quality certification until the next month’s
water year type forecast (i.e., March, April, and May) is published in Bulletin 120. New
forecasts will be made on or about the tenth of March, April, and May after the snow
surveys are complete and compliance with certification conditions shall be changed
accordingly within two business days, or as soon thereafter as accessible for locations
that require manual modifications to implement. The May forecast shall establish the
water year type until the February forecast for the following year is released.
CONDITION 8. Milk Ranch Conduit Diversions Management
Any existing inactive diversion structures shall be left in place and managed for safety
and aesthetics by the Licensees. Six diversions along Milk Ranch Conduit (current FERC
Diversion Nos. 1, 4, 5, 6, 7, and 8 identified in Figure 2 and Table 10) and their ancillary
features are to be left inoperable (i.e., no longer divert flows). The Licensees shall seal
any exposed intake and diversion pipe openings of the inoperable diversions. Other
specific actions include:
81
Bulletin 120 is a publication issued four times a year, in the second week of
February, March, April, and May by DWR. It contains forecasts of the volume of
seasonal runoff from California’s major watersheds, and summaries of precipitation,
snowpack, reservoir storage, and runoff in various regions of California.
Project No. 619-164 A-19
FERC Diversion No. 5 – The Licensees shall monitor the existing diversion
structure following Wet water years for undermining and collapse. If the diversion
structure collapses, the Licensees shall consult with Forest Service and State
Water Board staff to identify appropriate actions.
FERC Diversion Nos. 1 and 7 – No later than six months following FERC license
issuance, the Licensees, in consultation with the Forest Service, CDFW, USFWS,
and State Water Board staff, shall develop an approach to modify or conceal the
face of the diversion dams to create a more natural appearance. The Licensees
shall consider methods such as chipping the concrete, modifying the flow pattern
over the crest of the dam, and/or planting vegetation.
FERC Diversion No. 8 – The Licensees shall remove the exposed diversion pipe
and seal the opening following consultation with the Forest Service and State
Water Board staff, and approval by the Deputy Director.
Following consultation and prior to implementation of the work outlined above for FERC
Diversions 1, 5, 7, and 8, the Licensees shall submit the proposed work plan or actions to
the Deputy Director for review and consideration of approval. The Deputy Director may
require modifications as part of any approval. The Licensees shall implement the actions
upon receipt of Deputy Director and any other required approvals. At all active and
inactive diversion locations, the Licensees shall remove construction litter and diversion
debris. The Licensees shall screen and maintain air vents in order to prevent wildlife from
entering the vents.
Additionally, within 18 months following issuance of the FERC license, the Licensees
shall provide the Deputy Director with the details of the existing water rights associated
with each of the subject diversions (i.e., the diversion identified as inactive in Table 10),
and a discussion of the Licensees’ proposal for the disposition of these water rights.
Requests for revocation or transfer of existing water rights to instream use, as applicable,
shall be submitted to the Division of Water Rights within three years following issuance
of the FERC license.
20
-
A
1
Cease
–
on of instream
441879844197384419902442056044205934420817442082344208504421100442147444230964423444442494744252084425622
Northing
1
651398651313651633651377651364651098651049650856650294649900649591649931650493650582651220
Easting
2
Status ActiveActiveActiveActiveActiveActiveActiveActive
Active
InactiveInactiveInactiveInactiveInactiveInactive
Diversion
Grouse
-
Ravine
------------
N/AN/A
Creek
Milk Ranch
Bear Ravine
Slide
Hollow CreekHollow Creek
Bear Trap Creek
Stream Drainage
North Fork
South Fork Grouse
987654321
------------
PG&E
(proposed)
Diversion No.
123456789
164
10111415
-
12 and 13
No. (licensed)
FERC Diversion
Milk Ranch Creek
NAD83 UTM Zone 10NAlthough actively maintained as part of the previous FERC Project license (issued in 1974), the Licensees shall cease diversiflows from Bear Ravine into Milk Ranch
Conduit at Milk Ranch Conduit Diversion No. 8, per the requirements of Condition 2 Diversions at Milk Ranch Conduit Diversion No. 8.
Project No. 619 12
Project No. 619-164 A-21
CONDITION 9. Milk Ranch Conduit Closure
If the Bucks Lake elevation is 5,142 ft above msl or greater (as measured by PG&E Gage
NF16) at the time of a Wet water year determination per the April Bulletin 120 forecast
(Condition 7), the Licensees shall temporarily close (i.e., bypass) the following Milk
Ranch Conduit Diversions within two business days, or as soon as reasonably accessible,
from the publication date of the April Bulletin 120 forecast through August 15:
PG&E Diversion No. 1 (Milk Ranch Creek)
PG&E Diversion No. 2 (North Fork Grouse Hollow Creek)
By January 31, if flows were bypassed in the prior year, the Licensees shall provide the
Forest Service, CDFW, USFWS, and State Water Board staff a report documenting the
dates when the Licensees closed and reopened the Milk Ranch Conduit diversion valves.
After consulting with and incorporating any comments from the Forest Service, CDFW,
USFWS, and State Water Board staff, the Licensees shall file a final report on the Milk
Ranch Conduit closure with the Deputy Director, as specified in Condition 25. The
Licensees shall review the results of the Milk Ranch Conduit closure report at the annual
ECG meeting (Condition 22).
CONDITION 10. Woody Material Management
The Licensees shall allow woody material to pass over Grizzly Forebay Dam during spill
events and channel maintenance flows (Condition 4 – Channel Maintenance Flows) by
leaving the downstream end of the reservoir’s log boom attached only to the right side of
the spillway year-round, thereby allowing debris to freely pass over the spillway during
spill events. If spill events and channel maintenance flows are insufficient to pass woody
material (e.g., during multiple dry year conditions), the Licensees may periodically
mechanically remove woody material from the reservoir if the woody material is deemed
a possible operational hazard.
At Lower Bucks Lake Dam, the Licensees shall allow woody material to pass over the
dam’s spillway during spill events. If spill events and channel maintenance flows are
insufficient to pass woody material, the Licensees may periodically mechanically remove
woody material from the reservoir if the woody material is deemed a possible operational
hazard.
To avoid impacts to downstream culverts in Bucks Creek below Bucks Lake, woody
material collecting near Bucks Lake spillway shall be relocated to Lower Bucks Lake
spillway. If site conditions preclude placement and passage of wood on Lower Bucks
Lake spillway, the Licensees may transport wood offsite following consultation with the
resource agencies as described below.
Project No. 619-164 A-22
All sizes of woody material, including woody material with root wads attached, shall be
allowed to pass downstream past the dams. The Licensees shall avoid cutting the wood,
unless it is unsafe for Project operations or cannot mechanically be moved due to its large
size.
For any woody material that cannot be passed downstream of Project dams, the Licensees
shall consult with the Forest Service, USFWS, CDFW, and State Water Board staff to
determine appropriate methods for removal, transport, and/or disposal.
CONDITION 11. Fish Stocking
No later than one year following issuance of the FERC license, the Licensees shall
submit a fish stocking plan to the Deputy Director for review and consideration of
approval. The Deputy Director may require modifications as part of any approval. The
fish stocking plan shall be developed in consultation with the Forest Service, USFWS,
CDFW, and State Water Board staff. The fish stocking plan shall outline how fish
stocking will be managed in waters in the Project boundary while addressing applicable
federal and state laws, regulations, and policies. At a minimum, the fish stocking plan
shall include the following major sections:
1. Introduction;
2. Regulatory Framework and Stocking History;
3. Fish Stocking Methods, Species, and Targets; and
4. Reporting, Consultation, and Plan Revisions.
The Licensees shall implement the fish stocking plan beginning the first full calendar
year after receipt of Deputy Director and any other required approvals, and annually
thereafter for the term of the license and any extensions. As part of the fish stocking
plan, the Licensees shall stock trout in Project waters as follows:
Bucks Lake – up to 17,400 pounds of catchable trout;
Grizzly Forebay – up to 10,000 fingerling trout; and
Lower Three Lakes and Middle Three Lakes – up to 10,000 fingerling trout.
The species shall be determined on an annual basis. The Licensees shall begin
implementation of CDFW’s annual stocking prescription (number and species) no later
than September 30 of each year. In the event no guidance is received by September 30,
the Licensees shall stock the same prescription (number and species) as the previous year.
The Licensees may acquire the fish directly through available sources or enter into a
contract with CDFW for the cost of production. In the event the quantities of one or
more of the species or sizes of fish listed in this condition are not available, or the
Project No. 619-164 A-23
fisheries management strategy of the waterbody changes during the term of the FERC
license, the Licensees shall coordinate with CDFW to develop a reasonable alternative.
The reasonable alternative may include substituting an equivalent quantity of a different
trout species, not to exceed the total stocking targets for weight and quantity in
thiscondition. Trout species selected for stocking shall not impair the water quality or
82
beneficial uses related to native fish.
The Licensees shall implement this condition in compliance with: (1) any reasonable and
prudent measures contained in a Biological Opinion issued by the USFWS for the
Project; and (2) any other applicable permits obtained by the Licensees for fish stocking.
CONDITION 12. Bucks Lake Shoreline Management
The Licensees shall implement the Bucks Lake Shoreline Management Plan, as filed with
FERC by PG&E and the City of Santa Clara, on September 19, 2019. Any revisions
approved by the Deputy Director shall be incorporated into the plan.
CONDITION 13. Streamflow and Reservoir Level Gaging
The Licensees shall implement the Streamflow and Reservoir Level Gaging Plan, as filed
with FERC by PG&E and the City of Santa Clara, on September 20, 2019. Any revisions
approved by the Deputy Director shall be incorporated into the plan.
CONDITION 14. Gravel Augmentation
The Licensees shall implement the Gravel Augmentation Plan, as filed with FERC by
PG&E and the City of Santa Clara, on September 20, 2019. Any revisions approved by
the Deputy Director shall be incorporated into the plan.
CONDITION 15. Aquatic Resources Monitoring
The Licensees shall implement the Aquatic Resources Monitoring Plan, as filed with
FERC by PG&E and the City of Santa Clara, on September 20, 2019. Any revisions
approved by the Deputy Director shall be incorporated into the plan.
82
“Fish” as defined in Fish and Game Code section 45 is wild fish, mollusk,
crustacean, invertebrate, amphibian, or part, spawn, or ovum of any of those animals.
Project No. 619-164 A-24
CONDITION 16. Sierra Nevada Yellow-Legged Frog Management
The Licensees shall implement the Sierra Nevada Yellow-Legged Frog Management
Plan, as filed with FERC by PG&E and the City of Santa Clara, on September 20, 2019.
Any revisions approved by the Deputy Director shall be incorporated into the plan.
CONDITION 17. Aquatic Invasive Species Management
The Licensees shall implement the Aquatic Invasive Species Management Plan, as filed
with FERC by PG&E and the City of Santa Clara, on September 20, 2019. Any revisions
approved by the Deputy Director shall be incorporated into the plan.
CONDITION 18. Integrated Vegetation Management
The Licensees shall implement the Integrated Vegetation Management Plan, as filed with
FERC by PG&E and the City of Santa Clara, on September 20, 2019. Any revisions
approved by the Deputy Director shall be incorporated into the plan.
CONDITION 19. Hazardous Materials Management
The Licensees shall implement the Hazardous Materials Management Plan, as filed with
FERC by PG&E and the City of Santa Clara, on September 20, 2019. Any revisions
approved by the Deputy Director shall be incorporated into the plan.
CONDITION 20. Erosion Management
The Licensees shall implement the Erosion Management Plan, as filed with FERC by
PG&E and the City of Santa Clara, on September 20, 2019. Any revisions approved by
the Deputy Director shall be incorporated into the plan.
CONDITION 21. Recreation Management
The Licensees shall implement the Recreation Management Plan, as filed with FERC by
PG&E and the City of Santa Clara, on October 3, 2019. Any revisions approved by the
Deputy Director shall be incorporated into the plan.
CONDITION 22. Annual Ecological Consultation Group Meeting
The Licensees shall, within 60 days of license issuance, establish an Ecological
Consultation Group. ECG meetings shall be open to representatives from the Forest
Service, USFWS, CDFW, American Whitewater, Bucks Lake Homeowners Association,
State Water Board, and other interested agency representatives, who may fully participate
in the meeting. The Licensees shall coordinate meeting agendas with interested agencies.
Project No. 619-164 A-25
The Licensees shall maintain an ECG e-mail contact list consisting of e-mail addresses
(one primary and one alternate) provided to the Licensees by the Relicensing
83
Participants and organizations or individuals that notified the Licensees in writing of
their interest in participating in the ECG meetings. Thereafter, the Licensees shall
organize and host ECG meetings, and unless otherwise agreed to by the ECG, meetings
shall be held in Sacramento or Chico, California.
The Licensees shall organize and host at least one ECG meeting each year by April 15,
unless otherwise agreed to by the ECG. The Licensees shall organize and host additional
ECG meetings or conference calls if agreed upon by the ECG and the Licensees. Unless
otherwise modified by the ECG, the agenda shall at a minimum include the following:
Introductions;
Public comments;
The Licensees’ report of any deviations from the conditions in the license since
the previous meeting required under this condition;
Discussion of the Licensees’ FERC filings in the previous calendar year (e.g.,
monitoring reports required by implementation plans);
Discussion of the Licensees’ planned license-required monitoring in the current
calendar year;
Discussion of any license-required agency consultation in the current calendar
year, and the Licensees’ proposal to complete the consultation, if needed;
Discussion of any anticipated proposals in the calendar year regarding: (1)
changes or additions to facilities or features in the license; (2) variances to
conditions in the license; or (3) amendments to the license;
The Licensees’ follow-up on action items from the last meeting required by this
condition;
Other implementation plans and associated reports or results;
Identification of the Licensees’ action items from this meeting, if any; and
Review of the current lists of special-status species (species that are federally
endangered or threatened, or proposed for listing as threatened or endangered
under the federal ESA; Forest Service sensitive and Forest Service species of
conservation concern; state threatened or endangered or candidate for listing under
83
Relicensing Participants that were involved in the development of PG&E and
City of Santa Clara’s proposed measures include: Forest Service, USFWS; CDFW;
American Whitewater, the Bucks Lake Homeowners Association, and State Water Board
staff.
Project No. 619-164 A-26
the California ESA; state species of special concern; state fully protected species,
and state rare plants) that occur or have the potential to occur on Project-affected
lands and may be affected by Project operation, maintenance, or recreational
activities.
At least 30 days in advance of the meeting, the Licensees shall make reports and other
information from the previous calendar year required by license conditions or
implementation plans in the FERC license available to the ECG.
The ECG members shall work collaboratively to make decisions and resolve issues
assigned to the ECG. The ECG will communicate its recommendations to the Forest
Service and State Water Board staff. The Forest Service is responsible for final decisions
covered by the Section 4(e) Conditions and the State Water Board is responsible for final
decisions within its jurisdiction.
CONDITION 23. Dewatering and Diversion
Prior to commencing any work that requires a water diversion or in-water work below the
maximum water surface elevation or high water mark, the Licensees shall submit a
Dewatering and Diversion Plan to the Deputy Director for review and consideration of
approval. The Plan shall be submitted at least 60 days before the anticipated activity is
expected to occur. The Deputy Director may require modifications as part of any
approval. The Licensees shall not implement any activities associated with the
Dewatering and Diversion Plan that my impact water quality or beneficial uses until
receipt of Deputy Director and any other required approvals. For Project work that
involves any dewatering or diversion of water, the Licensee shall include the following:
An overview of all in-water work that will require dewatering or diversion of
water;
Time frames for required dewatering or diversion work;
Description of coffer dams or equivalent barriers that will be used to isolate the
construction area from instream flows;
Description of measures, if needed, that will be implemented to avoid potential
fish stranding and entrainment;
Provisions to maintain downstream flow equal to upstream flow. If temporary
modification of minimum instream flows are required, the Licensee shall provide a
written description of the modification, reason(s) for its necessity, measures that
will be implemented to protect water quality and beneficial uses, and the proposed
timeline for modification and return to the required MIFs;
Proposed monitoring and reporting related to the dewatering, diversion, and
turbidity of water; and
Project No. 619-164 A-27
Description of how, upon completion of construction activities, flow will resume
with the least disturbance to the substrate, water quality, and beneficial uses.
Unless approved by the Deputy Director in writing, Project activities shall not cause
increased turbidity greater than allowable levels identified in the Water Quality Control
Plan for the Sacramento River Basin and the San Joaquin River Basin (Basin Plan)
(Central Valley Regional Board, 2018) and amendments thereto. If turbidity exceedances
are expected to result from sediment disturbance related to Project activities despite
implementation of all reasonable best management practices, the Licensees shall consult
with State Water Board and Central Valley Regional Water Quality Control Board
(Central Valley Regional Water Board) staff to determine an allowable zone of dilution
in which turbidity in excess of the limits may be allowed. Activities associated with an
exception to turbidity limits may not occur without prior written approval from the
Deputy Director.
CONDITION 24. Extremely Dry Conditions
In the event of extremely dry conditions, which may include a year in which the
Governor of the State of California declares a drought emergency for Plumas County, or
multiple consecutive Dry or Critically Dry water years, the Licensees may request
modification of the flow, water surface elevation, and related requirements of this
certification. If the Licensees anticipate that they may request modification pursuant to
this condition, the Licensees shall notify the Relicensing Participants and the Deputy
Director of the Licensees’ concerns related to flows as early as possible, and no later than
March 15 of the year in which a request may be submitted. If the Licensees request
modification pursuant to this condition, the Licensees shall develop a Revised Operations
Plan in consultation with Relicensing Participants staff for flows, water surface
elevations, and related conditions during the extremely dry conditions.
The Licensees shall provide notice of the proposed Revised Operations Plan to interested
parties at least seven days prior to submittal to the Deputy Director. The Licensees’
request shall include: an estimate of water to be saved and the alternative beneficial uses
for which the water is being conserved; a timeline for the return to regular operations;
proposed monitoring for the revised operations, including an estimation of any impacts
the revised operations may have on any beneficial uses of water; and proposed water
conservation measures that will be implemented. If conservation measures are not
applicable, the Licensees shall describe the circumstances and justification for not
implementing water conservation measures.
The Licensees shall submit the proposed Revised Operations Plan to the Deputy Director
for review and consideration of approval. The Licensees shall also provide a summary of
any comments received and how the comments were addressed. The Deputy Director
may require modifications to the Revised Operations Plan as part of any approval. The
Project No. 619-164 A-28
Licensees may implement the Revised Operations Plan upon receipt of Deputy Director
and other required approvals, in accordance with the schedule and requirements specified
therein. The Licensees shall file with FERC the Deputy Director-approved Revised
Operations Plan, and any approved amendments thereto.
CONDITION 25.
Any report developed as a condition of this certification shall be submitted to the Deputy
Director. The Licensees shall allow the Forest Service, CDFW, USFWS, and State
84
Water Board staff at least 45 days
to provide input on the draft report. The Licensees
shall file a final report with the Deputy Director within 90 days of providing the draft
report to the required entities. The report shall include documentation of consultation
with the agencies specified above; copies of their comments and recommendations on the
report; and specific descriptions of how the agencies’ comments and recommendations
are addressed in the report.
CONDITION 26.
85
Any revisions to a management plan included as a condition of this certification shall
be submitted to the Deputy Director for review and consideration of approval. If
significant changes in the existing conditions or implementation circumstances occur, the
86
Licensees shall allow the required entities 60 days to provide written comments and
recommendations. After consultation, the Licensees shall file the proposed updated
management plan with the Deputy Director for review and consideration of approval.
Revisions to a management plan shall include documentation of consultation with
required entities; copies of their comments and recommendations on the plan; and
specific descriptions of how the required entities’ comments and recommendations are
addressed in the plan. The Deputy Director may require modifications as part of any
approval.
84
Sixty days shall be provided for the Forest Service, State Water Board, USFWS,
and CDFW to provide written comments and recommendations on the report on spill
management at Grizzly Forebay and Lower Bucks Lake.
85
In this case, management plan refers to one of the Resource Management Plans
submitted to FERC in September and October of 2019 (Conditions 12 – 21),
implementation of which are also conditions of this certification.
86
The Recreation Management Plan, Hazardous Materials Management Plan, and
Erosion Management Plan require consultation with the Forest Service and State Water
Board staff. The remaining plans require consultation with CDFW, USFWS, Forest
Service, and State Water Board staff.
Project No. 619-164 A-29
CONDITION 27.
The State Water Board’s approval authority, including authority delegated to the Deputy
Director or others, includes the authority to withhold approval or to require modification
of a proposal, plan, or report prior to approval. The State Water Board may take
enforcement action if the Licensees fail to provide or implement a required item in a
timely manner. If a time extension is needed to submit an item for Deputy Director
approval, the Licensees shall submit a written request for the extension, with justification,
to the Deputy Director no later than 60 days prior to the deadline. The Licensees shall
file with FERC any Deputy Director-approved time extensions. The Licensees shall not
implement any plans or reports until after receiving Deputy Director approval and any
other necessary regulatory approvals.
CONDITION 28.
The State Water Board reserves the authority to add to or modify the conditions of this
certification: (1) to incorporate changes in technology, sampling, or methodologies; (2) if
monitoring results indicate that continued operation of the Project could violate water
quality objectives or impair beneficial uses; (3) to implement any new or revised water
quality standards and implementation plans adopted or approved pursuant to the Porter-
Cologne Water Quality Control Act or section 303 of the Clean Water Act; (4) to
coordinate the operations of this Project and other hydrologically connected water
development projects, where coordination of operations is reasonably necessary to meet
water quality objectives and protect beneficial uses of water; and (5) to require additional
monitoring and/or other measures, as needed, to ensure that continued Project operations
meet water quality objectives and protect beneficial uses of Bucks Creek, Grizzly Creek,
Milk Ranch Creek, and their tributaries.
CONDITION 29.
Future changes in climate projected to occur during the FERC license term may
significantly alter the baseline assumptions used to develop the conditions of this
certification. The State Water Board reserves authority to add to or modify the
conditions of this certification, to require additional monitoring and/or other measures, as
needed, to verify that Project operations meet water quality objectives and protect the
beneficial uses assigned to Project-affected stream reaches.
CONDITION 30.
The State Water Board shall provide notice and an opportunity to be heard in exercising
its authority to add to or modify the conditions of this certification.
Project No. 619-164 A-30
CONDITION 31.
This certification is contingent on compliance with all applicable requirements of the
Basin Plan.
CONDITION 32.
Notwithstanding any more specific conditions in this certification, the Project shall be
operated in a manner consistent with all water quality standards and implementation
plans adopted or approved pursuant to the Porter-Cologne Water Quality Control Act or
section 303 of the Clean Water Act. The Licensees shall take all reasonable measures to
protect the beneficial uses of Bucks Creek, Grizzly Creek, Milk Ranch Creek, and their
tributaries.
CONDITION 33.
Unless otherwise specified in this certification or at the request of the Deputy Director,
data and/or reports shall be submitted electronically in a format accepted by the State
Water Board to facilitate the incorporation of this information into public reports and the
State Water Board's water quality database systems in compliance with California Water
Code section 13167.
CONDITION 34.
This certification does not authorize any act which results in the taking of a threatened,
endangered, or candidate species or any act which is now prohibited, or becomes
prohibited in the future, under either the California ESA (Fish & G. Code, §§ 2050 –
2097) or the federal ESA (16 U.S.C. §§ 1531 – 1544). If a “take” will result from any act
authorized under this certification or water rights held by the Licensees, the Licensees
must obtain authorization for the take prior to any construction or operation of the portion
of the Project that may result in a take. The Licensees are responsible for meeting all
requirements of the applicable ESAs for the Project authorized under this certification.
CONDITION 35.
The Licensees shall submit any change to the Project, including operations, facilities,
technology changes or upgrades, or methodology, which would have a significant or
material effect on the findings, conclusions, or conditions of this certification, to the State
Water Board for prior review and written approval. The State Water Board shall
determine significance and may require consultation with state and/or federal agencies.
If the State Water Board is not notified of a change to the Project, it will be considered a
violation of this certification. If such a change would also require submission to FERC,
the change must first be submitted and approved by the Executive Director of the State
Project No. 619-164 A-31
Water Board unless otherwise delegated in this certification or other State Water Board
approval.
CONDITION 36.
In the event of any violation or threatened violation of the conditions of this certification,
the violation or threatened violation is subject to any remedies, penalties, process, or
sanctions as provided for under applicable state or federal law. For the purposes of
section 401(d) of the Clean Water Act, the applicability of any state law authorizing
remedies, penalties, process, or sanctions for the violation or threatened violation
constitutes a limitation necessary to ensure compliance with the water quality standards
and other pertinent requirements incorporated into this certification. In response to any
violation of the conditions of this certification, the State Water Board may add to or
modify the conditions of this certification as appropriate to ensure compliance.
CONDITION 37.
In response to a suspected violation of any condition of this certification, the State Water
Board or Central Valley Regional Water Board may require the holder of any federal
permit or license subject to this certification to furnish, under penalty of perjury, any
technical or monitoring reports the State Water Board deems appropriate, provided that
the burden, including costs, of the reports shall bear a reasonable relationship to the need
for the reports and the benefits to be obtained from the reports. (Wat. Code, §§ 1051,
13165, 13267, and 13383.)
CONDITION 38.
This certification shall not be construed as replacement or substitution for any necessary
federal, state, and local approvals. The Licensees are responsible for compliance with all
applicable federal, state, or local laws or ordinances and shall obtain authorization from
applicable regulatory agencies prior to the commencement of Project activities.
CONDITION 39.
Any requirement in this certification that refers to an agency whose authorities and
responsibilities are transferred to or subsumed by another state or federal agency, will
apply equally to the successor agency.
CONDITION 40.
Upon request, a construction schedule shall be provided to agency staff. The Licensees
shall provide State Water Board and Central Valley Regional Water Board staffs access
to Project sites to document compliance with this certification.
Project No. 619-164 A-32
CONDITION 41.
A copy of this certification shall be provided to any contractor and all subcontractors
conducting Project-related work, and copies shall remain in their possession at the Project
site(s). The Licensees shall be responsible for work conducted by its contractor,
subcontractors, or other persons conducting Project-related work.
CONDITION 42.
Onsite containment for storage of chemicals classified as hazardous shall be away from
watercourses and include secondary containment and appropriate management as
specified in California Code of Regulations, title 27, section 20320.
CONDITION 43.
Activities associated with operation and maintenance of the Project that threaten or
potentially threaten water quality shall be subject to further review by the Deputy
Director and Executive Officer of the Central Valley Regional Water Board.
CONDITION 44.
Nothing in this certification shall be construed as State Water Board approval of the
validity of any water rights, including pre-1914 claims. The State Water Board has
separate authority under the Water Code to investigate and take enforcement action, if
necessary, to prevent any unauthorized or threatened unauthorized diversions of water.
CONDITION 45.
This certification is subject to modification or revocation upon administrative or judicial
review, including but not limited to review and amendment pursuant to California Water
Code, section 13330 and California Code of Regulations, title 23, division 3, chapter 28,
article 6 (commencing with section 3867).
CONDITION 46.
This certification is not intended and shall not be construed to apply to any activity
involving a hydroelectric facility and requiring a FERC license or an amendment to a
FERC license unless the pertinent application for certification was filed pursuant to
California Code of Regulations, title 23, section 3855, subdivision (b) and that
application for certification specifically identified that a FERC license or amendment to a
FERC license for a hydroelectric facility was being sought.
Project No. 619-164 A-33
CONDITION 47.
This certification is conditioned upon total payment of any fee required under California
Code of Regulations, title 23, division 3, chapter 28.
CONDITION 48.
When applicable, the Licensee shall comply with the State Water Board’s Construction
General Permit (State Water Board 2009), and amendments thereto. For any construction
and maintenance activities with the potential to impact water quality or beneficial uses
that are not subject to the Construction General Permit, the Licensee shall prepare and
implement site-specific Water Quality Monitoring and Protection Plans (WQMP Plans)
for Deputy Director approval. WQMP Plans must demonstrate compliance with sediment
and turbidity water quality objectives in the Basin Plan. The WQMP Plans shall be
consistent with the most current Forest Service National Best Management Practices for
87
Water Quality Management on National Forest System Lands and other appropriate
documents.
The Licensee shall submit the WQMP Plans to the Deputy Director for review and
approval at least 45 days prior to the desired start date of the applicable construction or
maintenance activity. The objective of the WQMP Plans shall be to identify and
implement control measures for construction, maintenance, or other activities with the
potential to cause erosion, stream sedimentation, fugitive dust, soil mass movement,
release of hazardous materials, or other water quality impairment.
The WQMP Plans shall be based on actual site geologic, soil, and groundwater
conditions, and at a minimum shall include:
1. Description of site conditions and the proposed activity;
2. Detailed descriptions, design drawings, and specific topographic locations of all
control measures in relation to the proposed activity, which may include:
a. Measures to divert runoff away from disturbed land surfaces;
b. Measures to collect and filter runoff from disturbed land surfaces, including
sediment ponds at the diversion and powerhouse sites; and
c. Measures to dissipate energy and prevent erosion;
87
Volume 1: National Core BMP Technical Guide (FS-990a). Issued April 2012.
Available online at: https://www.fs.fed.us/naturalresources/watershed/bmp.shtml. Last
Accessed October 22, 2020.
Project No. 619-164 A-34
3. Revegetation measures for disturbed areas, which shall include use of native plants
and locally-sourced plants and seeds; and
4. A monitoring, maintenance, and reporting schedule.
The Deputy Director may require modifications as part of any approval. The Licensee
shall file with FERC the Deputy Director-approved WQMP Plans, and any approved
amendments thereto. The Licensee shall implement the WQMP Plans upon receipt of
Deputy Director approval and any other required approvals, in accordance with the
schedule and requirements specified therein.
CONDITION 49.
The Licensees shall ensure no net loss of wetland or riparian habitat functions and is
responsible for their own compliance with the State Wetland Definition and Procedures
for Discharges of Dredged or Fill Material to Waters of the State (State Water Board
2019) and the California Wetlands Conservation Policy (Governor’s Executive Order W-
59-93), and any amendments thereto.
CONDITION 50.
The Licensees shall comply with the terms and conditions in the State Water Board’s
Statewide National Pollutant Discharge Elimination System Permit for Residual Aquatic
Pesticide Discharges to Waters of the United States from Algae and Aquatic Weed
Control Applications (State Water Board Order No. 2013-0002-DWQ and NPDES No.
CAG990005, as amended by State Water Board Orders 2014-0078-DWQ, 2015-0029-
DWQ, and 2016-0073-EXEC), and ongoing amendments during the life of the Project.
Project No. 619-164 B-1
APPENDIX B
U.S.D.A. FOREST SERVICE STANDARD SECTION 4(e) CONDITIONS
filed on March 17, 2022
PART I: FPA SECTION 4(e) ADMINISTRATIVE CONDITIONS
Condition No. 1 –Reservation of Authority, Resource Plan Modification, and
Variance Requests
Pursuant to Section 4(e) of the Federal Power Act, the Secretary of Agriculture, acting by
and through Forest Service, considers the Conditions herein, to be necessary for the
adequate protection and utilization of the land and resources of the Plumas National
Forest. Throughout the term of the license, the Forest Service:
Reserves the right, after notice and opportunity for comment, to require changes in
the Project and its operation through revision of these Section 4(e) Conditions, to
accomplish protection and utilization of NFS lands and resources
Reserves the right to modify these Section 4(e) conditions to respond
to any mandatory conditions or measures issued by another government agency,
such as a Final Biological Opinion issued for this Project by the National Marine
Fisheries Service, or United States Fish and Wildlife Service under Section 7 of
the Endangered Species Act; or any Certification issued for this Project by the
State Water Resources Control Board under Section 401 of Clean Water Act.
Requires that modifications to resource management or monitoring plans required
by these Section 4(e) Conditions be done in accordance with the revision process
defined within each plan, and only after Forest Service approval
If the Licensees anticipate a non-emergency temporary variance may be needed for any
Section 4(e) Condition, the Licensees shall provide a written request to the Forest Service
at least 45 days prior to the proposed implementation date of such variance, including a
description of:
The 4(e) Condition, the specific temporary change needed, and the expected
duration of the temporary change
Any biological, recreational, and/or cultural resources that may be affected by the
variance, and a proposal for additional monitoring of these resources, if not
adequately addressed by ongoing license-required monitoring
A plan to regularly update the Forest Service until the variance is no longer
needed, in the event the duration cannot be identified at the time of the request
Project No. 619-164 B-2
The request shall be sent to the appropriate approving official; typically, the Forest
Supervisor(s) for the affected National Forest(s). Upon approval by the Forest Service,
and after any other required approvals, the Licensees may implement the temporary
change to the 4(e) Condition.
Condition No. 2 – Consultation
Licensees shall annually consult with the United States Department of Agriculture, Forest
Service, regarding Licensees’ activities on, or directly affecting, NFS lands. The date of
the consultation meeting will be mutually agreed to by Licensees and Forest Service but
in general should be held by April 15. At least 30 days in advance of the meeting,
Licensees shall notify other interested stakeholders, confirming the meeting location,
time and agenda. At the same time, Licensees shall also provide notice to the United
States Department of Interior (USDI) Fish and Wildlife Service (USFWS) and National
Park Service (NPS); California Department of Fish and Wildlife (CDFW); and California
State Water Resources Control Board (State Water Board or SWRCB), who may choose
to participate in the meeting. Licensees shall attempt to coordinate the meeting so
interested agencies and other stakeholders may attend.
Licensees shall make available to Forest Service, at least 2 weeks prior to the meeting, an
operations and maintenance plan for the year in which the meeting occurs. In addition,
Licensees shall present results from current year monitoring of noxious weeds and
special-status species as well as any additional information that has been compiled for the
Project area, including progress reports on other resource measures. The goals of this
meeting are to share information, mutually agree upon planned maintenance activities,
identify concerns that interested parties may have regarding activities and their potential
effects on sensitive resources, and any measures required to avoid or mitigate potential
effects. An additional goal of the meeting shall be to review and discuss the results of
implementing the streamflow and reservoir-related conditions, results of monitoring, and
other issues related to preserving and protecting ecological values affected by the Project.
Consultation shall include, but not be limited to:
A written status report detailing compliance with the Project’s Final 4(e)
Conditions and any 10(a) Recommendations included in the license. The report
shall include a summary of each of the Forest Service conditions and a statement
indicating how the Licensees met the condition during the previous year.
Results of any monitoring studies performed over the previous year in formats
agreed to by Forest Service and Licensees during development of implementation
plans.
Review of any non-routine maintenance.
Discussion of any foreseeable changes to Project facilities or features.
Project No. 619-164 B-3
Discussion of any necessary revisions or modifications to implementation plans
approved as part of this license.
Discussion of needed protection measures for species newly listed as threatened,
endangered, or sensitive, or changes to existing management plans that may no
longer be warranted due to delisting of species or, to incorporate new knowledge
about a species requiring protection.
Discussion of any climate change effects on Project operations, and implications
for NFS lands and resources.
Discussion of needed protection measures for newly discovered cultural resource
sites.
Discussion of elements of current year maintenance plans, e.g., road and trail
maintenance.
Discussion of any planned pesticide use.
Review of any non-compliance or Project safety reports filed with the
Commission during the previous year.
A record of the meeting shall be kept by Licensees and shall include any
recommendations made by Forest Service for the protection of NFS lands and resources.
Licensees shall file the meeting record, if requested, with the Commission no later than
60 days following the meeting.
A copy of the record for the previous water year regarding streamflow, study reports, and
other pertinent records shall be provided to Forest Service, and other interested agencies
and stakeholders by Licensees at least 60 days prior to the meeting date, unless otherwise
agreed.
Copies of other reports related to monitoring, Project safety, and non-compliance shall be
submitted to Forest Service concurrently with submittal to the Commission, These
include but are not limited to: any non-compliance report filed by Licensees, geologic or
seismic reports, and structural safety reports for facilities on or affecting NFS lands.
Condition No. 3 - Organize Ecological Consultation Group and Host Meetings
The Licensees shall, within 60 days of license issuance, establish an Ecological
Consultation Group (ECG). ECG meetings shall be open to representatives from the
Forest Service, State Water Board, USFWS, CDFW, and other agency representatives or
individuals, who may fully participate in the meeting. The Licensees shall coordinate
meeting agendas with interested agencies. The Licensees shall maintain an ECG e-mail
contact list consisting of e-mail addresses (one primary and one alternate) provided to the
Licensees by the Forest Service, State Water Board, USFWS, and CDFW, and provided
to the Licensees by organizations or individuals that notified the Licensees in writing of
their interest in participating in the ECG meetings. Thereafter, the Licensees shall
Project No. 619-164 B-4
organize and host ECG meetings, and unless otherwise agreed to by the ECG, meetings
shall be held in either Sacramento or Chico, California.
The Licensees shall organize and host at least one ECG meeting each year by April 15,
unless otherwise agreed to by the ECG. The Licensees shall organize and host additional
ECG meetings or conference calls if agreed upon by the ECG and the Licensees. Unless
otherwise modified by the ECG, the meeting shall begin at 9:30 AM, and the agenda
shall include the following:
1. Introductions;
2. Public comments;
3. The Licensees’ report of any deviations from the conditions in the license since
the previous meeting required under this condition;
4. Discussion of the Licensees’ FERC filings in the previous calendar year
(e.g., monitoring reports required by implementation plans);
5. Discussion of the Licensees’ planned license-required monitoring in the current
calendar year;
6. Discussion of any license-required agency consultation in the current calendar
year, and the Licensees’ proposal to complete the consultation, if needed;
7. Discussion of any Licensee-anticipated proposals in the calendar year regarding:
1) changes or additions to facilities or features in the license; 2) variances to
conditions in the license; or 3) amendments to the license;
8. The Licensees’ follow-up on action items from the last meeting required by this
condition;
9. Other Implementation Plans;
10. Identification of the Licensees’ follow-up action items from this meeting, if any;
and
11. Review the current lists of special-status species (species that are federally
endangered or threatened, or proposed for listing as threatened or endangered
under the Endangered Species Act; Forest Service sensitive and Forest Service
species of conservation concern; State threatened or endangered or candidate for
listing under the California Endangered Species Act; State species of special
concern; State fully protected species, and State rare plants) that occur or have the
Project No. 619-164 B-5
potential to occur on Project-affected lands and may be affected by Project
operations, maintenance, and recreational activities.
At least 30 days in advance of the meeting, the Licensees shall make available to the
ECG the following material:
Reports and other information from the previous calendar year required by license
conditions or implementation plans in the FERC license.
If the Licensees, the Forest Service, and the ECG agree in advance, the ECG meeting
may be coordinated with the Annual Forest Service Consultation meeting (Condition No.
2; i.e., depending on the meeting topics, the two meetings may be held as one meeting or
may be held as separate meetings on the same day at the same location). If the two
meetings are held as one meeting, at a minimum, the Licensees shall ensure that the
agenda items for the ECG meeting are discussed at the joint meeting. Agenda items for
Annual Forest Service Consultation meeting shall be summarized and reported separately
to the Commission as required in that condition.
The ECG members shall work collaboratively to make decisions and resolve issues
assigned to the ECG. The ECG will communicate its recommendations to the Forest
Service and State Water Board. The Forest Service is responsible for final decisions
covered by the Section 4(e) Conditions and the State Water Board is responsible for final
decisions within State Water Board jurisdiction. The Licensees shall also ensure that
consultation, permitting, and any necessary approvals within the jurisdiction of other
agencies are completed. The Licensees shall implement license conditions as approved
and directed by the Commission.
The Licensees shall prepare, for each ECG meeting held under this condition, a letter
summary that shall include the date and location of the meeting, attendees, subjects
discussed, and the Licensees’ action items agreed to by the Licensees at the meeting. The
summary is not intended to be a transcript of the meeting or formal comments on the
license by the Licensees or participants in the meeting. After a 30-day review by the
ECG, the Licensees shall file each meeting summary with the Commission no later than
60 days following the meeting.
Condition No. 4 - Forest Service Approval of Final Design
Before any new construction of the Project occurs on National Forest System lands,
Licensees shall obtain prior written approval of Forest Service for all final design plans
for Project components, which Forest Service deems as affecting or potentially affecting
National Forest System resources. Licensees shall follow the schedules and procedures
for design review and approval specified in the conditions herein. As part of such written
approval, Forest Service may require adjustments to the final plans and facility locations
Project No. 619-164 B-6
to preclude or mitigate impacts and to ensure that the Project is either compatible with
on-the-ground conditions or approved by Forest Service based on agreed upon
compensation or mitigation measures to address compatibility issues. Should such
necessary adjustments be deemed necessary by Forest Service, the Commission, or
Licensees to be a substantial change, Licensees shall follow the procedures of FERC
Standard Article 2 of the license. Any changes to the license made for any reason
pursuant to FERC Standard Article 2 or Article 3 shall be made subject to any new terms
and conditions of the Secretary of Agriculture made pursuant to Section 4(e) of the
Federal Power Act.
Condition No. 5 - Approval of Changes
Notwithstanding any license authorization to make changes to the Project, when such
changes directly affect NFS lands, Licensees shall obtain written approval from Forest
Service prior to making any changes in any constructed Project features or facilities, or in
the uses of Project lands and waters or any departure from the requirements of any
approved exhibits filed with the Commission. Following receipt of such approval from
Forest Service, and a minimum of 60 days prior to initiating any such changes, Licensees
shall file a report with the Commission describing the changes, the reasons for the
changes, and showing the approval of Forest Service for such changes. Licensees shall
file an exact copy of this report with Forest Service at the same time it is filed with the
Commission. This condition does not relieve Licensees from the amendment or other
requirements of Article 2 or Article 3 of this license.
Condition No. 6 - Maintenance of Improvements on or Affecting National
Forest System Lands
Licensees shall maintain all its improvements and premises on NFS lands to standards of
repair, orderliness, neatness, sanitation, and safety acceptable to Forest Service. Disposal
of all materials will be at an approved existing location, except as otherwise agreed by
Forest Service.
Condition No. 7 - Existing Claims
License shall be subject to all valid claims and existing rights of third parties. The United
States is not liable to Licensees for the exercise of any such right or claim.
Condition No. 8 - Compliance with Regulations
Licensees shall comply with the regulations of the Department of Agriculture for
activities on National Forest System lands, and all applicable Federal, State, county, and
municipal laws, ordinances, or regulations in regard to the area or operations on or
Project No. 619-164 B-7
directly affecting National Forest System lands, to the extent those laws, ordinances or
regulations are not preempted by federal law.
Condition No. 9 - Surrender of License or Transfer of Ownership
Prior to any surrender of this license, Licensees shall provide assurance acceptable to
Forest Service that Licensees shall restore any project area directly affecting National
Forest System lands to a condition satisfactory to Forest Service upon or after surrender
of the license, as appropriate. To the extent restoration is required, Licensees shall
prepare a restoration plan which shall identify the measures to be taken to restore such
National Forest System lands and shall include adequate financial mechanisms to ensure
performance of the restoration measures.
In the event of any transfer of the license or sale of the project, Licensees shall assure
that, in a manner satisfactory to Forest Service, Licensees or transferee will provide for
the costs of surrender and restoration. If deemed necessary by Forest Service to assist it in
evaluating Licensees’ proposal, Licensees shall conduct an analysis, using experts
approved by Forest Service, to estimate the potential costs associated with surrender and
restoration of any project area directly affecting National Forest System lands to Forest
Service specifications. In addition, Forest Service may require Licensees to pay for an
independent audit of the transferee to assist Forest Service in determining whether the
transferee has the financial ability to fund the surrender and restoration work specified in
the analysis.
Condition No. 10 - Protection of United States Property
Licensees, including any agents or employees of Licensees acting within the scope of
their employment, shall exercise diligence in protecting from damage the land and
property of the United States covered by and used in connection with this license.
Condition No. 11 – Indemnification
Licensees shall indemnify, defend, and hold the United States harmless for:
any violations incurred under any laws and regulations applicable to, or
judgments, claims, penalties, fees, or demands assessed against the United States
caused by, or
costs, damages, and expenses incurred by the United States caused by, or
the releases or threatened release of any solid waste, hazardous substances,
pollutant, contaminant, or oil in any form in the environment related to the
Project No. 619-164 B-8
construction, maintenance, or operation of the project works or of the works
appurtenant or accessory thereto under the license.
Licensees’ indemnification of the United States shall include any loss by personal injury,
loss of life or damage to property caused by the construction, maintenance, or operation
of the project works or of the works appurtenant or accessory thereto under the license.
Indemnification shall include, but is not limited to, the value of resources damaged or
destroyed; the costs of restoration, cleanup, or other mitigation; fire suppression or other
types of abatement costs; third party claims and judgments; and all administrative,
interest, and other legal costs. Upon surrender, transfer, or termination of the license,
Licensees’ obligation to indemnify and hold harmless the United States shall survive for
all valid claims for actions that occurred prior to such surrender, transfer or termination.
Condition No. 12 - Damage to Land, Property, and Interests of the United
States
Licensees has an affirmative duty to protect the land, property, and interests of the United
States from damage arising from Licensees’ construction, maintenance, or operation of
the project works or the works appurtenant or accessory thereto under the license.
Licensees’ liability for fire and other damages to National Forest System lands shall be
determined in accordance with the Federal Power Act and standard Form L-1 Articles 22
and 24.
Condition No. 13 - Risks and Hazards on National Forest System Lands
As part of the occupancy and use of the project area, Licensees have a continuing
responsibility to reasonably identify and report all known or observed hazardous
conditions on or directly affecting National Forest System lands within the project
boundary that would affect the improvements, resources, or pose a risk of injury to
individuals. Licensees will abate those conditions, except those caused by third parties or
not related to the occupancy and use authorized by the License. Any non-emergency
actions to abate such hazards on National Forest System lands shall be performed after
consultation with Forest Service. In emergency situations, Licensees shall notify Forest
Service of its actions as soon as possible, but not more than 48 hours, after such actions
have been taken. Whether or not Forest Service is notified or provides consultation;
Licensees shall remain solely responsible for all abatement measures performed. Other
hazards should be reported to the appropriate agency as soon as possible.
Condition No. 14 – Access
Subject to the limitations set forth under the heading of “Access by the United States” in
Condition No. 20 hereof, Forest Service reserves the right to use or permit others to use
Project No. 619-164 B-9
any part of the licensed area on NFS lands for any purpose, provided such use does not
interfere with the rights and privileges authorized by this license or the Federal Power
Act.
Condition No. 15 – Crossings
Licensees shall maintain suitable crossings as required by Forest Service for all roads and
trails that intersect the right-of-way occupied by linear Project facilities (powerline,
penstock, ditch, and pipeline).
Condition No. 16 - Surveys, Land Corners
Licensees shall avoid disturbance to all public land survey monuments, private property
corners, and forest boundary markers. In the event that any such land markers or
monuments on National Forest System lands are destroyed by an act or omission of
Licensees, in connection with the use and/or occupancy authorized by this license,
depending on the type of monument destroyed, Licensees shall reestablish or reference
same in accordance with (1) the procedures outlined in the "Manual of Instructions for
the Survey of the Public Land of the United States," (2) the specifications of the County
Surveyor, or (3) the specifications of FS. Further, Licensees shall ensure that any such
official survey records affected are amended as provided by law.
Condition No. 17 – Signs
Licensees shall consult with Forest Service prior to erecting signs related to safety issues
on NFS lands covered by the license. Prior to Licensees erecting any other signs or
advertising devices on NFS lands covered by the license, Licensees must obtain the
approval of Forest Service as to location, design, size, color, and message. Licensees
shall be responsible for maintaining all Licensee-erected signs to neat and presentable
standards.
Condition No. 18 – Ground Disturbing Activities
If Licensees proposes ground-disturbing activities on or directly affecting NFS lands that
were not specifically addressed in the Commission’s NEPA processes, Licensees, in
consultation with Forest Service, shall determine the scope of work and potential for
Project-related effects, and whether additional information is required to proceed with the
planned activity. Upon Forest Service request, Licensees shall enter into an agreement
Project No. 619-164 B-10
with Forest Service under which Licensees shall fund a reasonable portion of Forest
Service staff time and expenses for staff activities related to the proposed activities.
Condition No. 19 – Use of National Forest System Roads for Project Access
The Forest Service and the Licensees currently (2019) have in place and are developing a
revised Road Maintenance Agreement (RMA) that serves to address access road
maintenance, access, standards, reconstruction and cost share provisions. Should the
Forest Service and PG&E not execute the RMA, terminate, or be in default of the RMA,
the following measures shall be required.
Licensees shall obtain suitable authorization for all project access roads and NFS roads
needed for Project access. The authorization shall require road maintenance and cost
sharing in reconstruction commensurate with Licensees’ use and project-related use. The
authorization shall specify road maintenance and management standards that provide for
traffic safety, minimize erosion, and damage to natural resources and that are acceptable
to Forest Service as appropriate.
Licensees shall pay Forest Service for its share of maintenance cost or perform
maintenance or other agreed to services, as determined by Forest Service for all use of
roads related to project operations, project-related public recreation, or related activities.
The maintenance obligation of Licensees shall be proportionate to total use and
commensurate with its use. Any maintenance to be performed by Licensees shall be
authorized by and shall be performed in accordance with an approved maintenance plan
and applicable Best Management Practices (BMPs). In the event a road requires
maintenance, restoration, or reconstruction work to accommodate Licensees’ needs,
Licensees shall perform such work at its own expense after securing Forest Service
authorization.
Licensees shall complete a condition survey and a proposed maintenance plan subject to
Forest Service review and approval as appropriate once each year. The plan may take the
format of a road maintenance agreement provided all the above conditions are met as
well as the conditions set forth in the proposed agreement.
In addition, all NFS roads used as Project Access roads (PAR) and Right-of-Way access
roads (ROW) shall have:
Current condition survey.
Be mapped at a scale to allow identification of specific routes or segments.
Forest Service assigned road numbers are used for reference on the maps, tables,
and in the field.
Project No. 619-164 B-11
GIS compatible files of GPS alignments of all roads used for Project access are
provided to Forest Service.
Adequate signage is installed and maintained by Licensees at each road or route,
identifying the road by Forest Service road number.
Condition No. 20 - Access by the United States
The United States shall have unrestricted use of any road over which Licensees has
control within the project area for all purposes deemed necessary and desirable in
connection with the protection, administration, management, and utilization of Federal
lands or resources. When needed for the protection, administration, and management of
Federal lands or resources the United States shall have the right to extend rights and
privileges for use of the right-of-way and road thereon to States and local subdivisions
thereof, as well as to other users. The United States shall control such use so as not to
unreasonably interfere with the safety or security uses, or cause Licensees to bear a share
of costs disproportionate to Licensees’ use in comparison to the use of the road by others.
Condition No. 21 - Road Use
Licensees shall confine all vehicles being used for project purposes, including but not
limited to administrative and transportation vehicles and construction and inspection
equipment, to roads or specifically designed access routes, as identified in the
Transportation Management Plan (Condition No. 59) or as defined in Condition No. 19 -
Use of National Forest System Roads for Project Access. Forest Service reserves the right
to close any and all such routes where damage is occurring to the soil or vegetation, or, if
requested by Licensees, to require reconstruction/construction by Licensees to the extent
needed to accommodate Licensees’ use. Forest Service agrees to provide notice to
Licensees and the Commission prior to road closures, except in an emergency, in which
case notice will be provided as soon as practicable.
Condition No. 22 - Hazardous Materials Management Plan
Licensees shall implement the Hazardous Materials Management Plan, filed separately
with the Commission, by Pacific Gas and Electric Company and the City of Santa Clara,
on September 20, 2019 (FERC eLibrary Accession No. 20190920-5141), for locations
on, or directly affecting, NFS lands.
Condition No. 23 - Pesticide-Use Restrictions on National Forest System
Lands
Pesticides may not be used on NFS lands or in areas affecting NFS lands to control
undesirable woody and herbaceous vegetation, aquatic plants, insects, rodents, non-native
Project No. 619-164 B-12
fish, etc., without the prior written approval of Forest Service. During the Annual
Meeting described in Condition No. 2, Licensees shall submit a request for approval of
planned uses of pesticides for the upcoming year. Licensees shall provide at a minimum
the following information essential for review:
Whether pesticide applications are essential for use on NFS lands;
Specific locations of use;
Specific herbicides proposed for use;
Application rates;
Dose and exposure rates; and
Safety risk and timeframes for application.
Exceptions to this schedule may be allowed only when unexpected outbreaks of pests
require control measures that were not anticipated at the time the report was submitted.
In such an instance, an emergency request and approval may be made.
Any pesticide use that is deemed necessary to use on NFS lands within 500 feet of known
locations of western pond turtles (Actinemys \[Emys\] marmorata), Sierra Nevada yellow-
legged frog (Rana sierrae), foothill yellow-legged frog (Rana boylii), or known locations
of Forest Service special-status or culturally significant plant populations will be
designed to avoid adverse effects to individuals and their habitats. Application of
pesticides must be consistent with Forest Service riparian conservation objectives.
On NFS lands, Licensees shall only use those materials registered by the U.S.
Environmental Protection Agency and consistent with those applied by Forest Service
and approved through Forest Service review for the specific purpose planned. Licensees
must strictly follow label instructions in the preparation and application of pesticides and
disposal of excess materials and containers. Licensees may also submit Pesticide Use
Proposal(s) with accompanying risk assessment and other Forest Service required
documents to use pesticides on a regular basis for the term of the license as addressed
further in Condition No. 45, Integrated Vegetation Management Plan. Submission of
this plan will not relieve Licensees of the responsibility of annual notification and review.
Condition No. 24 – Safety Plan and Construction Inspections
Within 60 days of planned ground-disturbing activity on or affecting NFS lands,
Licensees shall file with the Commission a ‘Safety During Construction Plan’ (Plan) that
identifies potential hazard areas and measures necessary to address public safety, unless
otherwise agreed to by the Forest Service, in writing. Areas to consider include
construction activities near public roads, trails, and recreation areas and facilities. The
Plan shall also define communication protocols including, but not limited to, the
following: points of contact for the Licensees and Forest Service, the Licensee’s schedule
Project No. 619-164 B-13
for providing construction updates to the Forest Service, and required timeframes for
reporting sensitive resource discoveries, resource damage, and emergencies (e.g., fires,
hazardous material spills, road damage, etc.). The Plan shall be approved by the Forest
Service.
Licensees shall perform daily (or on a schedule otherwise agreed to by Forest Service in
writing) inspections of Licensees’ construction operations on NFS lands and Licensees
adjoining property while construction is in progress. Licensees shall document these
inspections (informal writing sufficient) and shall deliver such documentation to Forest
Service on a schedule defined by the communication protocols in the Plan. The
inspections must specifically include fire plan compliance, public safety, and
environmental protection. Licensees shall act immediately to correct any items found to
need correction.
A registered professional engineer or other qualified employee of the appropriate
specialty shall regularly conduct construction inspections of structural improvements on a
schedule approved by Forest Service.
Condition No. 25 - Unattended Construction Equipment
Licensees shall not place construction equipment on NFS lands prior to actual use or
allow it to remain on NFS lands subsequent to actual use, except for a reasonable
mobilization and demobilization period agreed to by Forest Service.
Condition No. 26 – Review of Improvements on National Forest System Lands
If during the term of the License the Commission determines that the project involves the
use of any additional National Forest System (NFS) lands, outside the current project
boundary, Licensees shall obtain a special use authorization from Forest Service for the
occupancy and use of such additional NFS lands. Licensees shall obtain the executed
authorization before beginning any activities on NFS lands outside the FERC boundary
covered by the special use authorization and shall file that authorization with the
Commission if the activity is related to the Project. Licensees shall be responsible for the
costs of collecting all information directly related to the evaluation of the effects of the
proposed occupancy and use that Forest Service needs in order to make a decision
concerning issuance of a special use authorization.
If, during the term of the License, Licensees propose to perform any project construction
work, Licensees shall obtain a construction temporary special use authorization from
Forest Service before beginning any activities on NFS lands outside the FERC boundary.
The special use authorization will include appropriate vegetation management and
erosion control measures as needed to protect NFS lands and resources. Licensees shall
Project No. 619-164 B-14
be responsible for the costs of collecting all information directly related to the evaluation
of the effects of the proposed construction that Forest Service needs in order to make a
decision concerning issuance of a construction temporary special use authorization.
Licensees may commence ground-disturbing activities authorized by the License and
construction temporary special use authorization no sooner than 60 days following the
date Licensees files Forest Service temporary special use authorization with the
Commission, if the temporary special use authorization is related to Project activity,
unless the Commission prescribes a different commencement schedule. In the event there
is a conflict between any provisions of the License and Forest Service special use
authorization, the special use authorization shall prevail to the extent that Forest Service,
in consultation with the Commission, deems necessary to protect and utilize NFS
resources.
PART II: FPA SECTION 4(e) RESOURCE CONDITIONS
Condition No. 27 – Annual Employee Training
The Licensees shall, beginning in the first full calendar year of the new license term,
annually perform employee environmental awareness training for hydro operation and
maintenance staff. New hydro operation and maintenance staff starting after the
employee environmental awareness training shall be required to review all environmental
awareness training materials within 1 month of Project assignment. The training shall
include:
Providing and reviewing maps showing the locations of federal land and
environmentally sensitive areas (e.g., locations of special-status species
populations, designated critical habitat for Federally listed species, areas with
Limited Operating Procedures, confidential cultural resources, historic property
sites, and protected habitats) known to occur within the FERC Project Boundary;
Describing the general contents of the license, including plans, as they pertain to
operations and maintenance and the protection of environmental resources;
Providing guides for the identification of special-status species, non-native
invasive plants (NNIP) and aquatic invasive species (AIS) that are known or
suspected by the Licensees to occur within the FERC Project Boundary;
Providing information about white-nose syndrome, a disease caused by a fungus
(Pseudogymnoascus destructans, first identified in California in 2019) that can
have devastating effects on hibernating bat colonies. This will include education of
biologists and operations staff who will be near bat roosts on white-nose
syndrome, how it affects bats, signs of potential contamination (e.g., white or gray
powdery fungus) and cross-contamination potential, and procedures for reporting
sick and dying bats. The location of current decontamination protocols, generally
Project No. 619-164 B-15
available online (e.g., https://www.whitenosesyndrome.org ), will also be
identified;
Providing information on the biology of special-status species as it relates to the
identification and knowing the signs of disturbance or distress. This will also
include focused training for helicopter pilots on the location of known bird nests
(i.e., bald eagle, osprey, northern goshawk, and/or California spotted owl) and
avoidance measures during take-off, landing, and flight paths;
Describing reporting procedures to the Licensees’ management if hydro operation
and maintenance staff incidentally, during the performance of their work, observe
new populations of special-status species, NNIP or AIS, or if they observe
dangerous, injured, or dead wildlife; and
Familiarize the Licensees’ staff with the procedures for reporting to the Forest
Service and other appropriate State and Federal agencies, and complying with
Forest Service orders that pertain to NFS lands in the vicinity of the Project.
The goal of the training shall be to familiarize the Licensees’ hydro operation and
maintenance staff with special-status species, NNIP and AIS and sensitive areas known
or suspected by the Licensees to occur within the FERC Project Boundary, and
procedures to avoid adverse effects. It is not the intent of this condition that the
Licensees’ hydro operation and maintenance staff perform surveys or become experts
(i.e., have more than a common knowledge) in the identification of special-status species,
NNIP, AIS or historic properties.
The Licensees shall direct hydro operation and maintenance staff to avoid disturbance to
sensitive areas shown on the maps, and to advise all contractors to avoid these sensitive
areas. If the Licensees determine that disturbance of a sensitive area shown on the maps
is unavoidable, the Licensees shall consult with the appropriate agencies to minimize
adverse effects to the sensitive area. The Licensees shall update the employee
environmental awareness training material as needed.
Condition No. 28 – Special-Status Species
Before taking actions to construct new project features on NFS lands that may affect
Forest Service special-status species or their critical habitat on NFS lands, Licensees shall
prepare and submit a biological evaluation (BE) for Forest Service approval. The BE
shall evaluate the potential impact of the action on the species or its habitat. Forest
Project No. 619-164 B-16
Service may require mitigation measures for the protection of the affected species on
NFS lands.
The BE shall:
Include procedures to minimize or avoid adverse effects to special-status species.
Ensure project-related activities shall meet restrictions included in site management
plans for special-status species.
Develop implementation and effectiveness monitoring of measures taken or employed
to reduce effects to special-status species.
Condition No. 29 - Annual Review of Special-Status Species Lists and
Assessment of New Species on Federal Land
Licensees shall, beginning the first full calendar year after license issuance, in
consultation with Forest Service annually review the current lists of all special-status
species (species that are Federally Endangered or Threatened, Proposed Threatened or
Endangered, Forest Service Sensitive, Forest Service Species of Conservation Concern,
or Plumas National Forest Watch Lists, State Threatened or Endangered, State Species of
Special Concern, and CDFW Fully Protected) that might occur on National Forest
System lands, as appropriate, in the Project area that may be directly affected by Project
operations. When a species is added to one or more of the lists, Forest Service, in
consultation with Licensees shall determine if the species or un-surveyed suitable habitat
for the species is likely to occur on such NFS lands, as appropriate. For such newly added
species, if Forest Service determines that the species is likely to occur on such NFS lands,
Licensees shall develop and implement a study plan in consultation with Forest Service
to reasonably assess the effects of the project on the species. Licensees shall prepare a
report on the study including objectives, methods, results, recommended resource
measures where appropriate, and a schedule of implementation, and shall provide a draft
of the final report to Forest Service for review and approval. Licensees shall file the
report, including evidence of consultation, with the Commission and shall implement
those resource management measures required by the Commission.
If new occurrences of Forest Service special-status plant or wildlife species as defined
above are detected prior to or during ongoing construction, operation, or maintenance of
the Project or during Project operations, Licensees shall immediately notify Forest
Service. If Forest Service determines that the Project-related activities are adversely
affecting Forest Service Sensitive, Forest Service Species of Conservation Concern or
Project No. 619-164 B-17
watch list species, Licensees shall, in consultation with Forest Service, develop and
implement appropriate protection measures
If new occurrences of state or federally listed or proposed threatened or endangered
species are detected prior to or during ongoing construction, operation, or maintenance of
the Project or during Project operations, Licensees shall immediately notify Forest
Service and the relevant Service Agency (United States Fish and Wildlife Service or
National Marine Fisheries Service or CDFW) for consultation or conference in
accordance with the Endangered Species Act. If state listed or fully protected species are
affected, CDFW shall be notified.
Condition No. 30 - Annual Determination of Water Year Types
The Licensees shall use the California Department of Water Resources (DWR) water
year forecast of unimpaired runoff in the Feather River at Oroville as set forth in DWR’s
Bulletin 120, each year in each month from February through May to determine the
applicable water year type as described below when implementing Instream Flows
(Condition No. 31), Channel Maintenance Flows (Condition No. 34), Spill Management
(Condition No. 35), and Project Reservoir Operations (Condition No. 36). The April
forecast will be used to determine if conditions are met for the Wet Water Year Milk
Ranch Conduit Diversion Nos. 1 and 2 Bypass Flows (Condition No. 33). The Licensees
have classified water years into four water year types based on inflow to Lake Oroville:
Wet, Normal, Dry, and Critically Dry. The water year types are defined as follows:
Wet: Greater than or equal to 5,679 thousand acre-feet (TAF) inflow to Oroville
Normal: Less than 5,679 TAF but greater than or equal to 3,228 TAF inflow
to Oroville
Dry: Less than 3,228 TAF but greater than or equal to 2,505 TAF inflow
to Oroville
Critically Dry: Less than 2,505 TAF inflow to Oroville
The Licensees shall use DWR’s forecast of the water year type on or about February 10
and operate for the remainder of that month and until the next month’s forecast according
to the specification for that water year type. New forecasts will be made on or about the
tenth of March, April and May after the snow surveys are completed and operations will
Project No. 619-164 B-18
be changed within two business days, or as soon thereafter as accessible for manually
operated gages.
The Licensees shall provide notice to FERC, Forest Service, State Water Board, USFWS,
and CDFW, of the final water year type determination (implemented May through the
following January) within 30 days of making the determination.
Project No. 619-164 B-19
Condition No. 31 – Instream Flows
The Licensees shall provide instream flow releases at the following locations:
Bucks Creek below Bucks Lake Dam
Bucks Creek below Lower Bucks Lake Dam
Grizzly Creek below Grizzly Forebay
Milk Ranch Creek below Three Lakes
Milk Ranch Creek at Milk Ranch Conduit Diversion No. 1
South Fork Grouse Hollow Creek at Milk Ranch Conduit Diversion No. 3
The Licensees shall provide minimum streamflows as specified in Table 1 of this
Condition. For compliance purposes, the point of measurement for each required
minimum instream streamflow is listed in Table 1 of this condition, and described in the
Streamflow and Reservoir Level Gaging Plan, (Condition No. 39).
Table 1. Bucks Creek Project Instream Flows (flows in cubic feet per second \[cfs\]),
by Water Year Type (Condition No. 30). Compliance streamflow PG&E gage ID’s
are listed for each stream.
WY Type Oct Nov Dec Jan Feb Mar AprMay Jun Jul AugSep
Bucks Creek below Bucks Lake Dam (Manual measurement)
PG&E gage BUCKS2
All Water Year
3 3 3 3 3 3 3 3 3 3 3 3
Types
Bucks Creek below Lower Bucks Lake Dam (Continuous measurement)
PG&E gage NF82 / USGS No. 11403530
6 4 44677 7 6 666
Critically Dry
6 5 55688 8 8 666
Dry
6 6 6681212 12 9 887
Normal
888810151515111088
Wet
Grizzly Creek below Grizzly Forebay (Continuous measurement)
PG&E gage NF22 / USGS No. 11404300
6 4 44466 6 6 666
Critically Dry
6 6 66688 8 8 886
Dry
8 8 8881010 10 9 998
Normal
9 9 99101313 13 11 10 109
Wet
Project No. 619-164 B-20
Table 1., cont.
Milk Ranch Creek Below Three Lakes (Manual measurement)
PG&E gage MR2
1
0.25WS WS WS WS WS 0.250.250.25 0.25 0.250.25
Critically Dry
1
0.5 WS WS WS WS WS 0.5 0.5 0.5 0.5 0.5 0.5
Dry
1
1WSWSWSWSWS111111
Normal
1
2 WS WS WS WS WS 2 2 2 222
Wet
WS:“Winter Setting” where the low-level outlet valve is fully opened and the natural inflow equals the
outflow of the reservoir. The Licensees may open the outlet to the WS prior to November 1 if weather
is predicted that may restrict safe access to the valve house.
1
Licensees will adjust the valve within two business days, or as soon thereafter as accessible, following
the publication of California Department of Water Resources (DWR) water year forecast of unimpaired
runoff in the Feather River at Oroville as set forth in DWR’s Bulletin 120.
Milk Ranch Creek at Milk Ranch Conduit Diversion No. 1 (Manual measurement)
PG&E gage MRC1
111112
0.250.25 0.25 0.25 0.25 0.25 0.250.250.25 0.25 0.250.25
Critically Dry
111112
0.5 0.25 0.25 0.25 0.25 0.25 0.5 0.5 0.5 0.5 0.5 0.5
Dry
111112
1 0.25 0.25 0.25 0.25 0.25 1 1 1 111
Normal
111112,33333
2 0.25 0.25 0.25 0.25 0.25 22 2 2 2 2
Wet
1
0.25 or natural inflow, whichever is less. Licensees may set the outlet to 0.25 cfs prior to November 1
if weather is predicted that may restrict safe access to the diversion.
2
Licensees will adjust the valve within two business days, or as soon thereafter as accessible, following
the publication of California Department of Water Resources (DWR) water year forecast of unimpaired
runoff in the Feather River at Oroville as set forth in DWR’s Bulletin 120.
3
Bypass flows from April through August 15, if conditions are met, in accordance with the Wet Water
Year Milk Ranch Conduit Diversion Nos. 1 & 2 Bypass Flow (Condition No. 33).
South Fork Grouse Hollow Creek at Milk Ranch Conduit Diversion No. 3 (Manual measurement)
PG&E gage MRC2
111111111111
All Water Year 0.5 0.5 0.5 0.50.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5
Types
1
0.5 or natural inflow, whichever is less.
The Licensees shall implement specified minimum instream flows as soon as reasonably
practicable within the first 90 days of the new license term, as required in Table 1 of this
Condition, but releases made through manually operated valves may be subject to
weather and road conditions affecting access or operability. Where an instream flow
release structure must be modified or newly constructed (refer to the Streamflow and
Reservoir Level Gaging Plan; Condition No. 39), the Licensees shall complete the work
as soon as reasonably practicable, but no later than 2 years after receiving all required
permits and approvals for the work.
At locations with continuous flow measurements (see Table 1 of this Condition),
minimum streamflows shall be measured as an average hourly flow calculated at the top
of each hour. The Licensees shall calculate the average hourly flow by taking the mean
of four instantaneous measurements at 15-minute intervals, as specified by United States
Geological Survey (USGS) standards. The average hourly streamflow shall be at least 90
percent of the applicable minimum streamflow requirement set forth in Table 1 of this
Project No. 619-164 B-21
Condition. If the average hourly flow temporarily falls below the applicable minimum
streamflow requirement (in the event of unforeseen circumstances such as debris
blocking the intake, ice conditions on the measurement weir, etc.) the Licensees shall
restore the required minimum streamflow as soon as reasonably practicable. The
duration and cause for the temporary decrease in flows shall be documented in the annual
report described below.
If the average daily flow deviates below the applicable minimum streamflow
requirement, the Licensees shall file a report with FERC, the Forest Service, State Water
Board, USFWS, CDFW, within 30 days of the incident. The report will identify, to the
extent possible, the cause, severity, and duration of the deviation; any observed or
reported adverse environmental impacts resulting from it; and any corrective actions
taken.
At locations with manual data collection, the release valve shall be inspected and
maintained each season in the spring, summer, and fall. Seasonal inspection,
maintenance, and documentation of valve settings will constitute compliance with flow
requirements at these locations. Adjustments to the valves during seasonal inspections
may be needed to comply with the prescribed flow in Table 1 of this Condition, and
changes will be documented in the annual report described below.
The minimum streamflow requirements listed in Table 1 of this Condition may be
temporarily modified as required for maintenance or repair of the dam, outlet facilities,
and minimum flow release facilities. The Licensees shall notify FERC, the Forest
Service, State Water Board, USFWS, and CDFW, at least five working days prior to any
such modification.
The Licensees shall notify FERC, the Forest Service, State Water Board, USFWS, and
CDFW, within two business days of any modification of the minimum streamflow
requirements due to operational emergencies beyond the control of the Licensees, or in
the interest of public safety. An emergency is defined as an event that is reasonably out
of the control of the Licensees and requires the Licensees to take immediate action, either
unilaterally or under instruction by law enforcement or other regulatory agency staff, to
prevent imminent loss of human life or substantial property damage. An emergency may
include, but is not limited to, natural events such as landslides, storms or wildfires,
malfunction or failure of Project works, and recreation accidents.
The Licensees shall submit a draft annual report (from the prior water year) to the Forest
Service, State Water Board, USFWS, and CDFW, for their review and comment by
January 31. For the purpose of reporting compliance with the instream flow requirement,
daily mean data shall be included in the report for all continuously gaged locations.
Project No. 619-164 B-22
Continuous 15-minute or hourly flow data in DSS format (or comparable format) will be
provided to the Forest Service, State Water Board, USFWS, and CDFW upon request.
At locations with flow releases based on manual valve settings, the Licensees shall
provide a report including:
The dates the Licensees checked the outlet works/valves at each site during the
time the Licensees first accessed each site (starting approximately in April) until
November 1;
The estimated flow released at the time the valve was checked in comparison to
the flow requirement as shown in Table 1 of this Condition;
Documentation of any adjustments made at each site at the time the outlet
works/valves were checked; and
The date the valves were adjusted for the Winter Setting (WS) or minimum over-
winter valve settings at Milk Ranch Creek below Three Lakes and at Milk Ranch
Conduit Diversion No. 1, respectively.
The Licensees shall allow the above-listed agencies at least 45 days to provide their input
on the draft report. The Licensees shall file a final report on the instream flows with
FERC within 90 days of providing the draft report to the agencies. The report shall
include documentation of consultation with the agencies specified above; copies of their
comments and recommendations on the report; and specific descriptions of how the
agencies’ comments were incorporated into the report and how their recommendations
were addressed. Each year during the annual Forest Service Consultation meeting
(Condition No. 2) and the Ecological Consultation Group meeting (Condition No. 3), the
Licensees shall review the instream flow documentation.
Condition No. 32 – Full Natural Flow in Bear Ravine at Milk Ranch Conduit
Diversion No. 8
For the protection of the federally ESA-listed endangered Sierra Nevada yellow-legged
frog, the Licensees shall cease diversion of flows from Bear Ravine into Milk Ranch
Conduit at Milk Ranch Conduit Diversion No. 8, thus allowing the full natural flow in
Bear Ravine. Within 60 days, or as soon as reasonably accessible following license
issuance (whichever is later), the Licensees shall install a cap or cover that will
completely close and secure the diversion pipe into the Milk Ranch Conduit. Existing
infrastructure will be left in place to minimize adverse environmental effects. The
Licensees shall also screen and maintain air vents in order to prevent wildlife from
entering the vents. Prior to any modifications of this diversion structure, the Licensees
shall invite the Forest Service, State Water Board, USFWS, and CDFW, and into the field
to discuss the proposed work. Upon approval of the proposed modifications by the
Forest Service and State Water Board, the Licensees shall complete the proposed work.
Project No. 619-164 B-23
Due to the historic status of this diversion, prior to implementing any activities described
in this measure, the Licensees shall review the requirements of the Historic Properties
Management Plan (Condition No. 58).
The Licensees shall periodically monitor the existing diversion structure and adjacent
hillslope following Wet water years for signs that the structure or hillslope are at risk of
failure. If the Licensees determine that non-routine maintenance of the structure or
hillslope is required to prevent significant adverse environmental impacts, the Licensees
shall consult with Forest Service, State Water Board, USFWS, and CDFW, and interested
stakeholders regarding appropriate protection measures, as outlined in the Sierra Nevada
Yellow-legged Frog Management Plan (Condition No. 42).
Condition No. 33 – Wet Water Year Milk Ranch Conduit Diversion Nos. 1
and 2 Bypass Flows
The Licensees shall temporarily close (i.e., bypass) two of the Milk Ranch Conduit
Diversions if the end-of-March Bucks Lake elevation is 5,142.0 feet or greater (as
measured by PG&E gage NF16), and the April water year forecast for unimpaired runoff
in the Feather River at Oroville, as set forth in the DWR Bulletin 120, is greater than
5,679 thousand acre-feet (a Wet Water Year as defined in Condition No. 30 - Annual
Determination of Water Year Type). The Licensees shall bypass flows at the following
diversions within two business days, or as soon as reasonably accessible, from the
publication of the April forecast, through August 15, or when the Licensees initiate the
annual Three Lakes drawdown (refer to the Annual Drawdown of Three Lakes
\[Condition No. 37\]):
Diversion No. 1 (Milk Ranch Creek)
Diversion No. 2 (North Fork Grouse Hollow Creek)
By January 31, when flows were bypassed the prior year, the Licensees shall provide the
Forest Service, State Water Board, USFWS, and CDFW, a report documenting the dates
when the Licensees closed and reopened the Milk Ranch Conduit diversion valves. The
Licensees shall allow the above-listed agencies at least 45 days to provide their input on
the draft report. The Licensees shall file a final report with FERC within 90 days of
providing the draft report to the agencies. The report shall include documentation of
consultation with the agencies specified above; copies of their comments and
Project No. 619-164 B-24
recommendations on the report; and specific descriptions of how the agencies’ comments
are incorporated into the report and how their recommendations were addressed.
During the annual Forest Service Consultation meeting (Condition No. 2) and the
Ecological Consultation Group meeting (Condition No. 3), the Licensees shall review the
dates associated with the bypassed flows from the previous year.
Condition No. 34 – Channel Maintenance Flows
The Licensees shall provide channel maintenance flows in Wet and Normal water years
at the following locations:
Bucks Creek below Lower Bucks Lake
Grizzly Creek below Grizzly Forebay
Water year designations shall be based on those defined in the Annual Determination of
Water Year Type measure (Condition No. 30).
Bucks Creek below Lower Bucks Lake
Annual Spill Requirements. Prior to March 31 of each water year when a natural spill
in excess of 70 cfs, or a High Spill as discussed below, has not occurred in the last 18
months, the Licensees shall provide minimum streamflows of 50 to 70 cfs in Bucks
Creek below Lower Bucks Lake Dam for a period of at least 18 hours. This may be
accomplished by any combination of spill, release, and accretion flows. At the end of
this event, the Licensees shall make a good faith effort, consistent with existing
equipment, to smoothly taper off the flow, consistent with the Spill Management at
Grizzly Forebay and Lower Bucks Lake measure (Condition No. 35). The Licensees
shall attempt to coordinate the spill with high flows in the North Fork Feather River
(NFFR), although this shall not be mandatory due to the relatively low level of the spill
compared to typical NFFR flows. An annual spill flow is not required in Dry and
Critically Dry years as follows: in the event the spill flow is not implemented prior to
issuance of the California Department of Water Resources (DWR) March 1 Bulletin 120
forecast and provided that the forecast indicates that the water-year type is Dry or
Critically Dry, this Annual Spill flow is not required for that year, regardless of whether
later forecasts indicate that the water-year type is Normal or Wet.
High Spill Requirement. Prior to March 31 of each Normal or Wet water year in which
a High Spill (200-300 cfs magnitude flow for at least 18 hours in duration) has not
occurred during the previous five years in Bucks Creek below Lower Bucks Lake Dam,
the Licensees shall make a good faith effort to schedule a High Spill event of 200-300
cfs. This event shall be concurrent with flows in excess of 3,000 cfs at PG&E gage NF57
Project No. 619-164 B-25
on the NFFR (gage is part of the Rock Creek-Cresta Project, FERC Project No. 1962).
The Licensees shall not be required to implement a High Spill if flows at PG&E gage
NF57 in excess of 3,000 cfs are not available or the Licensees cannot reasonably
accommodate a High Spill at a time when 3,000 cfs may be available due to safety or
emergency conditions that may exist at the time. In such event the Licensees may
consider a High Spill concurrent with a flow at PG&E gage NF57 less than 3,000 cfs but
in no event less than 1,600 cfs, recognizing that this further consideration may result in a
postponement of the High Spill to a future year. The Licensees shall notify (by email and
phone) the Forest Service, State Water Board, USFWS, and CDFW, of the planned High
Spill and provide any information available on the possible schedule for such spill. The
Licensees shall make a good faith effort to incorporate any additional comments or
suggestions made by Forest Service, State Water Board, USFWS, and CDFW.
Upon completion of the 18-hour High Spill, the Licensees shall make a good faith effort,
consistent with existing equipment, to smoothly taper off the flow, consistent with the
Spill Management at Grizzly Forebay and Lower Bucks Lake Measure. In the event that
the High Spill is not produced before issuance of the DWR March 1 Bulletin 120 forecast
and such forecast indicates that the water year type is Dry or Critically Dry as classified
below, the above High Spill shall be postponed to the next eligible year, regardless of
whether the later forecasts indicate that the water-year type is Normal or Wet.
Unplanned Spill Events. Although rare, it is possible that Lower Bucks Lake may
experience an unavoidable spill in the spring months due to uncontrolled spill at Bucks
Lake and powerhouse outages or other emergencies. In such event, and to the extent
reasonably possible in view of the then existing conditions, the Licensees shall notify the
Forest Service, State Water Board, USFWS, and CDFW, and use best efforts to minimize
the magnitude of such spill if corresponding high flow conditions (above 3,000 cfs) are
not present in the NFFR. In the event an unplanned spill may be expected to occur prior
to March 31, and if such spill could be increased to over 200 cfs for at least 18 hours, the
Licensees shall notify (by email and phone) the Forest Service, State Water Board,
USFWS, and CDFW, prior to implementation of any actions to increase the spill, if time
permits. Reasonable efforts shall be made to incorporate any comments received
recognizing that rapidly changing conditions may necessitate action by the Licensees in
less than 24 hours to take advantage of the opportunity to spill in excess of 200 cfs.
Grizzly Creek Channel Maintenance Flow Requirements
Annual Spill Requirements. The Licensees shall track natural spill events at Grizzly
Forebay Dam. If, prior to March 31 of each year, a spill of at least 50 cfs for at least 18
hours duration has not occurred in the last 18 months, the Licensees shall provide
minimum streamflows of 50 to 70 cfs in Grizzly Creek below Grizzly Forebay Dam for a
period of at least 18 hours prior to April 15 of that year. This may be accomplished by
any combination of spill, release, and accretion flows. At the end of this event, the
Project No. 619-164 B-26
Licensees shall make a good faith effort, consistent with existing equipment, to smoothly
taper off the flow, consistent with the Spill Management at Grizzly Forebay and Lower
Bucks Lake Measure. An annual spill flow is not required in Dry and Critically Dry
years. In the event that the DWR March 1 Bulletin 120 forecast indicates that the water-
year type will be Dry or Critically Dry as determined below, the above pulse flow is not
required for that year, regardless of whether later forecasts indicate that the water-year
type is Normal or Wet.
Unplanned Spill Events. Spill flow at Grizzly Forebay is a common event in Normal
and Wet water years; therefore, the Licensees are not required to provide any notification
in the event of spill at this location.
Measurement and Reporting of Channel Maintenance Flows
Measurement of channel maintenance flows in Bucks Creek shall be based on reservoir
elevation and appropriate rating tables for the spillways for each dam. Telemetered
reservoir elevations shall be available to the Licensees to allow monitoring and control of
channel maintenance flows. Flows in Grizzly Creek shall be measured at PG&E gage
NF22.
The Licensees shall prepare a report for each year that a channel maintenance flow is
released in either Bucks Creek or Grizzly Creek. The report shall include data on the
timing, magnitude, and duration of the flow(s); any turbidity data collected; and any
observations made by operations and maintenance (O&M) personnel.
The Licensees shall submit a draft of the report to the Forest Service, State Water Board,
USFWS, and CDFW, for their review and comment by January 31 of the following year.
The Licensees shall allow the above-listed agencies at least 45 days to provide their input
on the draft report.
The Licensees shall file a final report on the channel maintenance flows, within 90 days
of providing the draft report to the agencies. The report shall include documentation of
consultation with the agencies specified above; copies of their comments and
recommendations on the report; and specific descriptions of how the agencies’ comments
are incorporated into the report and how their recommendations were addressed.
The Licensees shall also discuss the results of the channel maintenance flow report at the
following annual meeting(s) with the Forest Service and the Ecological Consultation
Project No. 619-164 B-27
Group (per the Annual Forest Service Consultation \[Condition No. 2\] and the Organize
Ecological Consultation Group and Host Meetings \[Condition No. 3\], respectively).
Emergency Conditions
The Licensees’ requirement to consult and/or notify agencies, or implement certain
actions under this measure assumes that emergency conditions do not exist and
reasonable time is available to accomplish the appropriate actions. If emergency
conditions exist, the Licensees’ actions shall not be bound by this measure.
Condition No. 35 – Spill Management at Grizzly Forebay and Lower Bucks
Lake
In order to minimize the impact of unavoidable spills on Grizzly Creek, Grizzly Forebay
shall be drawn down to the extent practical in advance of forecasted spill events.
The remainder of this measure applies to spills caused or influenced by powerhouse (PH)
load changes, herein referred to as “managed spills”. Load changes are the only method
of significantly affecting rate of change of Project spills at Grizzly Forebay and Lower
Bucks, which have uncontrolled spillways and small low-level outlets designed for
minimum instream flow releases.
General Requirements for Managed Spills
The following requirements do not apply to spills during periods when the applicable
powerhouses are held at constant load for the duration of the spill (i.e., “block loaded”);
nor do they apply to spills at Grizzly Forebay when load changes are made in parallel at
both Grizzly PH and Bucks PH such that flows through the powerhouses are as
equivalent as possible (i.e., “paired schedules” achieving a natural rate of change in
flow).
At no time shall managed spills that affect flows on Grizzly Creek be scheduled during
the first five days or the last two days of the prescribed daily steps of the Rock Creek-
Cresta Project (FERC Project No. 1962) NFFR Cresta Reach 21-day spill recession
91
(CSR). Preferentially, managed spills that affect flows on Grizzly Creek shall be
scheduled prior to the CSR; however, if that is impractical they may be scheduled during
the fifteen days of constant flow within the CSR (i.e., Days 6-20). This part of the
measure may be revised, in consultation with the Forest Service, State Water Board, and
91
For the protection of foothill yellow-legged frogs, during the months of May
through September in all water year types, the Rock Creek-Cresta Project license
specifies a recession in the Cresta reach during the transition time from 3,000 cfs down to
1,000 cfs, and 1,000 cfs to base flows.
Project No. 619-164 B-28
CDFW, if instream flow or ramping rate requirements for the confluent hydroelectric
project (Rock Creek-Cresta Project) significantly change from current (2019) conditions.
For additional protection of the foothill yellow-legged frog population in the Cresta
Reach, extended outages greater than two weeks on Bucks PH and Grizzly PH shall not
be scheduled during April through July in order to avoid potential resultant spills on
Grizzly Creek during that ecologically sensitive period. Outages during August and
September are unlikely to result in spills; however, no outages shall be scheduled for
these months if they will cause a spill.
Allowable Load Changes in Critically Dry, Dry, and Normal Water Years (Condition
No. 30)
For down-ramping of managed spills that occur from April through September, daily load
changes (over 24 hours) shall not exceed the megawatt (MW) value in Tables 1, 2, or 3 of
this Condition, corresponding to the applicable powerhouse and instantaneous spill flow
at the beginning of that 24-hour increment.
For down-ramping of managed spills that occur from October through March, hourly
load changes (over 60 minutes) shall not exceed the MW value in Tables 1, 2, or 3 of this
Condition, corresponding to the applicable powerhouse and instantaneous spill flow at
the beginning of that 60-minute increment.
During spills of greater than 350 cfs that occur from October through March, flexible
schedules and bidding are allowed at sub-hourly increments, but load changes shall not
exceed the MW value in Tables 1, 2, or 3 of this Condition, corresponding to the
applicable powerhouse and instantaneous spill flow at the beginning of that increment.
Allowable Load Changes in Wet Water Years (Condition No. 30)
For down-ramping of managed spills that occur from May through September, daily load
changes (over 24 hours) shall not exceed the megawatt (MW) value in Tables 1, 2, or 3 of
this Condition, corresponding to the applicable powerhouse and instantaneous spill flow
at the beginning of that 24-hour increment.
For down-ramping of managed spills that occur from October through April, and when
flows on the NFFR at NF56 exceed 3,500 cfs, hourly load changes (over 60 minutes)
shall not exceed the MW value in Tables 1, 2, or 3 of this Condition, corresponding to the
applicable powerhouse and instantaneous spill flow at the beginning of that 60-minute
increment.
During spills of greater than 350 cfs that occur from October through April, and when
flows on the NFFR at NF56 exceed 3,500 cfs, flexible schedules and bidding are allowed
Project No. 619-164 B-29
at sub-hourly increments, but load changes shall not exceed the MW value in Tables 1, 2,
or 3 of this Condition, corresponding to the applicable powerhouse and instantaneous
spill flow at the beginning of that increment.
Project No. 619-164 B-30
Table 1. Grizzly Powerhouse Load Changes for Spills at Grizzly Forebay Dam
(Changes in powerhouse flows result in corresponding changes in instream flows; i.e.,
powerhouse flows are decreasing, instream flows will decrease at a similar magnitude)
Approximate Powerhouse
Initial Flow at NF22 Allowable Change Flow Change Per Step
(cfs)(MW) (cfs)
> 800 N/A N/A
551 -80012.0203 -209
351 -5508.0 135 -140
150 -3504.067 -70
< 1502.0*33 -35
*Depending on the 9 – 11 MW no-run zone, may require a 3 MW step
Table 2. Bucks Powerhouse Load Changes for Spills at Grizzly Forebay Dam
(Changes in powerhouse flows result in corresponding changes in instream flows – i.e.,
powerhouse flows are increasing, instream flows will decrease at a similar magnitude)
Approximate Powerhouse
Initial Flow at NF22 Allowable Change Flow Change Per Step
(cfs) (MW) (cfs)
> 800 N/A N/A
551 - 800 40.0 ~207
351 - 550 24.0 119 - 158
150 - 350 12.0 58 - 86
< 150 6.0 29 - 45
Table 3. Grizzly Powerhouse Load Changes for Spills at Lower Bucks Dam
(Changes in powerhouse flows result in corresponding changes in instream flows – i.e.,
powerhouse flows are increasing, instream flows will decrease at a similar magnitude)
Approximate Powerhouse
Initial Flow at NFC12 Allowable Change Flow Change Per Step
(cfs)(MW) (cfs)
> 800 N/A N/A
551 -80012.0203 -209
351 -5508.0 135 -140
150 -3504.0 67 -70
< 150 2.0*33 -35
*Depending on the 9 – 11 MW no-run zone, may require a 3 MW step
Monitoring and Reporting
Stream stage and calculated flow shall be monitored in Bucks Creek downstream of
Lower Bucks Lake Dam and in Grizzly Creek downstream of Grizzly Forebay Dam for
Project No. 619-164 B-31
the first five years of the License, or until all three ramping scenarios outlined in the
above tables are implemented, whichever may come first. Flow measurement methods
are described in the Streamflow and Reservoir Level Gaging Plan (Condition No. 39).
After License Year Five, the Licensees shall compile a report that documents the effects
of implementation of the measure on instream flow conditions in Bucks Creek, Grizzly
Creek, and the NFFR. The report shall also provide recommendations to improve the
Licensees’ compliance with this measure.
Based on the report and associated hydrologic data, the Licensees, in consultation with
the Forest Service, State Water Board, USFWS, CDFW, and interested stakeholders,
shall review, update, and revise the measure, as needed to protect aquatic species. Sixty
days shall be allowed for the Forest Service, State Water Board, USFWS, CDFW, and
interested stakeholders to provide written comments and recommendations on the revised
measure. After approval by the Forest Service and State Water Board, the Licensees
shall work with the Forest Service and State Water Board to file the updated measure
with FERC. The Licensees shall include all relevant documentation of coordination and
consultation with the updated measure filed with FERC. If the Licensees do not adopt a
particular recommendation by USFWS, CDFW, or interested stakeholders, the filing
shall include the reasons for not doing so. The Licensees shall implement the measure as
approved by FERC.
Condition No. 36 – Project Reservoir Operations
The Licensees shall operate Lower Bucks Lake, Lower Three Lakes, Bucks Lake, and
Grizzly Forebay as follows (gages listed for each reservoir are described in the
Streamflow and Reservoir Level Gaging Plan \[Condition No. 39\]):
Lower Bucks Lake
Water surface elevations shall not be drawn down below elevation 4,966 ft. Minimum
reservoir pool elevations shall be measured at PG&E gage NF13.
Lower Three Lakes
Lake levels shall be maintained as in the 10-year period of 1957 through 1967; Lower
Three Lakes shall not be drawn down below elevation 6,050 feet. Minimum reservoir
pool elevations in Lower Three Lakes shall be measured at PG&E gage NF10.
Bucks Lake
Water levels shall be determined based on month and water year type. Water year type is
defined in the Annual Determination of Water Year Type measure (Condition No. 30).
Project No. 619-164 B-32
Drawdown for a year other than a Dry or Critically Dry water year during June 1 through
September 1 shall not exceed 15 feet below the water surface elevation of June 1, and at
no time shall the water surface elevation go below elevation 5,100 feet.
Drawdown for a Dry or Critically Dry water year shall not go below water surface
elevation 5,080 feet and this level shall not be reached prior to September 1.
Minimum reservoir pool elevations shall be measured at PG&E gage NF16.
Grizzly Forebay
Forebay levels shall not be drawn down below elevation 4,303 feet. Minimum reservoir
pool elevations shall be measured at PG&E gage NF19.
Departure from these reservoir operation criteria shall be permissible only when it is
necessary to do maintenance on the respective dams or their outlet works, when in the
interest of public safety, or as may be otherwise authorized by FERC. All elevations are
on Feather River Power Company datum (Elevation 5,155.0 ft Feather River Power
92
Company = elevation 5,158.5 ft USGS).
Condition No. 37 – Annual Drawdown of Three Lakes
The Licensees shall verify the water surface elevation (WSE) of Lower Three Lakes by
August 15.
If the WSE is above 6,072 ft, as measured by PG&E gage NF10, the Licensees
shall initiate drawdown on or about August 15, and set the low-level outlet valve
to release 9 cfs (based on the rating curve at MR2).
If the WSE is at or below 6,072 ft, as measured by PG&E gage NF10, the
Licensees shall calculate a start date to initiate drawdown with the objective of
reaching minimum pool at Lower Three Lakes (WSE 6,050 ft) by September 15
at a release of 9 cfs.
The Licensees shall leave the low-level outlet valve at Three Lakes set to release 9 cfs
until November 1, upon which the Licensees shall fully open the low-level outlet valve to
the “Winter Setting.” The low-level outlet valve will be set to release 9 cfs, based on the
rating curve, however actual flow releases from the low-level outlet valve may vary
depending upon reservoir head and natural inflow into Three Lakes. The low-level outlet
92
Elevations in “PG&E (formerly, Feather River Power Company) Datum” are
3.5 ft lower than those expressed as “U.S. Geological Survey (USGS) Datum.”
Project No. 619-164 B-33
valve may be fully opened prior to November 1 if weather is predicted that may restrict
safe access to the valve house.
By January 31, the Licensees shall provide the Forest Service, State Water Board,
USFWS, and CDFW, a report documenting the following:
The WSE of Lower Three Lakes on or about August 15;
The date the Licensees initiated the drawdown of Three Lakes;
The date when minimum pool was reached at Lower Three Lakes; and
The date when the outlet valve was fully opened to the “Winter Setting.”
The Licensees shall allow the above-listed agencies at least 45 days to provide their input
on the draft report. The Licensees shall file a final report with FERC within 90 days of
providing the draft report to the agencies. The report shall include documentation of
consultation with the agencies specified above; copies of their comments and
recommendations on the report; and specific descriptions of how the agencies’ comments
are incorporated into the report and how their recommendations were addressed.
Licensees shall review the dates associated with the annual drawdown from the previous
year with the Forest Service and the ECG (per the Annual Forest Service Consultation
\[Condition No. 2\] and the Organize Ecological Consultation Group and Host Meetings
\[Condition No. 3\]).
Condition No. 38 – Manage Diversions along Milk Ranch Conduit for Safety
and Aesthetics
Any existing inactive diversion structures will be left in place and managed for safety and
aesthetics by the Licensees. Six diversions along Milk Ranch Conduit (Current FERC
Diversion Nos. 1, 4, 5, 6, 7, and 8 identified in Figure 1 of this Condition and Table 1 of
this Condition, below) and the ancillary features are to be left inoperable (i.e., no longer
divert flows). The Licensees shall seal any exposed intake and diversion pipe openings at
the inoperable diversions.
Other specific actions include:
FERC Diversion No. 5 – The Licensees shall monitor the existing diversion
structure following Wet water years for undermining and collapse. If the
diversion structure collapses, the Licensees shall consult with Forest Service for
appropriate mitigation actions.
FERC Diversion Nos. 1 and 7 – Within six months of license issuance, the
Licensees, in consultation with the Forest Service, shall develop an approach to
modify or conceal the face of the diversion dam to create a more natural
Project No. 619-164 B-34
appearance. Methods such as chipping the concrete, modifying the flow pattern
over the crest of the dam, and/or planting vegetation will be considered.
FERC Diversion No. 8 – The Licensees shall remove the exposed diversion pipe
and seal the opening.
At all active and inactive diversion locations, the Licensees shall remove construction
litter and/or diversion debris. The Licensees shall screen and maintain air vents in order
to prevent wildlife from entering the vents. Due to the historic status of these diversions,
prior to implementing any activities described in this measure, the Licensees shall review
the requirements of the Historic Properties Management Plan (Condition No. 58).
Project No. 619-164 B-35
Figure 1. Milk Ranch Conduit Diversions
Project No. 619-164 B-36
Table 1. Milk Ranch Conduit Diversions Status and Locations, 2017.
1
FERC PG&E Road Mile UTM (10S)
Diversion Diversion (0.0 near
No. No. Stream Diversion MRC
(licensed)(proposed) DrainageStatusoutfall) Easting Northing
1Inactive0.06513984418798
2 9 Active0.9 651313 4419738
2
3 8 Bear RavineActive 1.1 651633 4419902
4 Inactive --651377 4420560
5 Inactive 1.6 651364 4420593
6Inactive1.96510984420817
7 Inactive 1.9 651049 4420823
8Inactive2.06508564420850
9 7 Slide Ravine Active2.6 650294 4421100
Bear
106Active3.16499004421474
Trap Creek
11 5 Active5.1 649591 4423096
12/13 4 Active5.4 649931 4423444
South
Fork Grouse
14 3 Active6.7 6504934424947
Hollow
Creek
North
Fork Grouse
15 2 Active6.9 6505824425208
Hollow
Creek
Milk Milk
Ranch 1 Ranch Active7.5 6512204425622
Creek Creek
1
NAD83 UTM Zone 10N
2
Although actively maintained as part of the current FERC Project, the Licensees shall
cease diversion of flows from Bear Ravine into Milk Ranch Conduit at Milk Ranch
Conduit Diversion No. 8, per the requirements of Condition No. 32 - Full Natural Flow in
Bear Ravine at Milk Ranch Conduit Diversion No. 8.
Condition No. 39 – Streamflow and Reservoir Gaging Plan
Licensees shall implement the Streamflow and Reservoir Gaging Plan, filed separately
with the Commission, by Pacific Gas and Electric Company and the City of Santa Clara,
Project No. 619-164 B-37
on September 20, 2019 (FERC eLibrary Accession No. 20190920-5141), for locations
on, or directly affecting, NFS lands.
Condition No. 40 –Woody Material Passage Plan for Grizzly Forebay, Lower
Bucks Lake, and Bucks Lake Dams
Within one year after license issuance, the Licensees shall develop a Woody Material
Passage Plan (“Plan”) to pass and/or physically move woody material downstream of
Grizzly Forebay, Lower Bucks Lake, and Bucks Lake. Licensees shall consult with the
Forest Service, State Water Board, USFWS, and CDFW in development of the Plan and
the Plan shall be approved by the Forest Service. The Plan shall be formatted similar to
other resource management plans developed for this Project and contain the following
elements, at a minimum:
Introduction
Project location and background
Purpose
Goals and Objectives
Methods for passing woody material passage at each facility
Definition of emergencies and other potential exceptions to passing/moving
woody material
Implementation Schedule
Consultation, Reporting, and Plan Revisions
Unless otherwise agreed to by the Forest Service, the Plan shall include the following
methods for passing woody material at each facility:
Grizzly Forebay Dam leave the downstream end of the reservoir’s log boom
attached only to the right side of the spillway year-round, allowing debris to freely
pass over the spillway during spill events and channel maintenance flows
(Condition No. 34). If spill events and channel maintenance flows are not
sufficient to pass woody material (e.g., during multiple dry year conditions), the
Licensees may periodically mechanically remove woody material from the
reservoir.
Lower Bucks Lake Dam - the Licensees shall also allow woody material to pass
over the dam’s spillway during spill events. There may also be a periodic need to
mechanically remove woody material from the reservoir.
Bucks Lake Dam -To avoid impacts to downstream culverts in Bucks Creek
(below Bucks Lake), wood at Bucks Lake spillway shall be relocated to Lower
Bucks Lake spillway. If site conditions preclude placement and passage of wood
Project No. 619-164 B-38
on Lower Bucks Lake spillway, the Licensees may transport wood offsite
following consultation with the agencies as described below.
All sizes of woody material, including woody material with root wads attached,
shall be allowed to pass downstream past the dams. The Licensees shall avoid
cutting the wood, unless it is unsafe for Project operations or cannot mechanically
be moved due to large size.
For any woody material that cannot be passed downstream of Project dams, the Licensees
shall consult with the Forest Service, State Water Board, USFWS, and CDFW to
determine appropriate methods for removal, transport, and disposal. The consultation
process shall be further defined within the Plan.
Condition No. 41 – Gravel Augmentation Plan
Licensees shall implement the Gravel Augmentation Plan, filed separately with the
Commission, by Pacific Gas and Electric Company and the City of Santa Clara, on
September 20, 2019 (FERC eLibrary Accession No. 20190920-5141), for locations on, or
directly affecting, NFS lands.
Condition No. 42 – Sierra Nevada Yellow-legged Frog Management Plan
Licensees shall implement the Sierra Nevada Yellow-legged Frog Plan, filed separately
with the Commission, by Pacific Gas and Electric Company and the City of Santa Clara,
on September 20, 2019 (FERC eLibrary Accession No. 20190920-5141) for locations on,
or directly affecting, NFS lands.
Condition No. 43 – Aquatic Resources Monitoring Plan
Licensees shall implement the Aquatic Resources Monitoring Plan, filed separately with
the Commission, by Pacific Gas and Electric Company and the City of Santa Clara, on
September 20, 2019 (FERC eLibrary Accession No. 20190920-5141), for locations on, or
directly affecting, NFS lands.
Condition No. 44 – Aquatic Invasive Species Management Plan
Licensees shall implement the Aquatic Invasive Species Plan, filed separately with the
Commission, by Pacific Gas and Electric Company and the City of Santa Clara, on
Project No. 619-164 B-39
September 20, 2019 (FERC eLibrary Accession No. 20190920-5141), for locations on, or
directly affecting, NFS lands.
Condition No. 45 – Integrated Vegetation Management Plan
Licensees shall implement the Integrated Vegetation Management Plan, filed separately
with the Commission, by Pacific Gas and Electric Company and the City of Santa Clara,
on September 20, 2019 (FERC eLibrary Accession No. 20190920-5141), for locations
on, or directly affecting, NFS lands.
Condition No. 46 – Transmission Line Raptor Protection
Within two years of license issuance, the Licensees shall conduct an evaluation of the
Project transmission line (Grizzly PH 115 kV) to determine the line’s consistency with
design configurations as recommended by the Avian Power Line Interaction Committee
93
(APLIC 2006 and 2012) guidance documents, or updated versions of these documents
as they are issued.
If it is determined that the configurations are inconsistent with APLIC guidelines, the
Licensees shall, within one year following the evaluation, file with the Commission, a
Raptor Protection Plan (“Plan”) approved by the Forest Service, USFWS, and CDFW.
The Plan shall summarize the evaluation and describe the approach to upgrade the Project
transmission line (Grizzly PH 115 kV) for consistency with APLIC guidelines. The Plan
shall include the following elements, at a minimum:
Design of Modifications - develop design proposals including detailed
specifications
Repair Schedule - complete (1) minor repairs or retrofits (e.g., changing
conductor spacing, installing bird flight diverters or new insulators) within three
93
APLIC. 2006. Suggested Practices for Avian Protection on Power Lines: The State of
the Art in 2006. Edison Electric Institute, APLIC, and the California Energy
Commission. Washington D.C. and Sacramento, CA.
APLIC. 2012. Reducing Avian Collisions with Power Lines: The State of the Art in
2012. Edison Electric Institute and APLIC. Washington D.C.
Project No. 619-164 B-40
years of Plan approval, and/or (2) major repairs as appropriate (e.g., pole
replacement or retrofit) within 10 years of license issuance
Consultation Process - provide proposed design modifications to the Forest
Service, USFWS, and CDFW for review, to ensure consistency with APLIC
guidelines
Regardless of whether a Plan is required, throughout the term of the new license, the
Licensees shall:
Ensure all newly installed powerlines, poles, conductors, and other transmission
infrastructure and associated equipment conform to current APLIC guidelines.
Record all incidental observations of bird electrocutions and/or collisions, and
dead birds found by the Licensees’ O&M staff within the FERC Project Boundary.
Condition No. 47 – Bald Eagle Management Plan
Licensees shall implement the Bald Eagle Management Plan, filed separately with the
Commission, by Pacific Gas and Electric Company and the City of Santa Clara, on
September 20, 2019 (FERC eLibrary Accession No. 20190920-5141), for locations on, or
directly affecting, NFS lands.
Condition No. 48 – Limited Operating Period for Breeding Osprey
The Licensees shall perform a pre-construction survey for nesting osprey at locations
with suitable habitat and establish a 300 to 500 ft protective buffer around active nests
when potentially disruptive activities related to maintenance of Project recreational
facilities, and/or other Project O&M activities are conducted during the osprey breeding
season (March 15 to August 31). The pre-construction survey shall be conducted by a
qualified biologist within one week of the start of work activities and within a minimum
500 ft radius of Project activities. Survey areas shall extend to a 1,000 ft radius of Project
activities if prolonged helicopter use (i.e., multiple trips and hovering) is planned.
Surveys shall be conducted during an appropriate time of day when conditions provide
good visibility, with the most likelihood of determining presence of adults or nestlings at
the nest (e.g., during mid-day). Surveys will not be conducted during inclement weather
(e.g., rain or strong wind). If construction is initiated in March and continues into April
for a total of two weeks past the original survey date, one additional survey will be
conducted by a qualified biologist.
The buffer distance (300 to 500 ft) will be determined by a qualified biologist based on
site-specific conditions, including observations of the pair’s sensitivity to human activity,
proximity to existing human activity or development (e.g., roads, structures), current site
conditions (e.g., screening vegetation, terrain, etc.) and the site-specific Project activities.
Project No. 619-164 B-41
A 1,000 ft buffer will be implemented when potentially disruptive and prolonged
helicopter use is conducted during the osprey breeding season.
For potentially disruptive Project activities which cannot be avoided within a 300 ft
buffer (1,000 ft buffer for prolonged helicopter use) of a known active osprey nest during
their breeding season, the Licensees shall notify the Forest Service, USFWS, and CDFW,
prior to commencement of the activity. The Licensees shall provide notification to each
agency as soon as possible, to provide an opportunity to comment prior to
implementation. Potentially disruptive activities include helicopter hovering, blasting,
tree-felling, and/or jackhammering or prolonged use of heavy equipment (e.g., excavator)
in areas with natural to low ambient activity (e.g., light vehicular traffic, small power
tools).
If work will occur within 300 ft of an active osprey nest for the activities listed above
(less than 1,000 ft for helicopter), the nest will be monitored by a qualified biologist for at
least one to two days at the onset of each phase of work activity (e.g., involving new
equipment) to determine if the buffer is adequate based on the behavior of the birds. The
biologist shall have the authority to order the cessation of Project activities if nesting
pairs exhibit signs of disturbance.
Condition No. 49 – Conduct Periodic Northern Goshawk and California
Spotted Owl Nesting Surveys
The Licensees shall conduct surveys for California spotted owl and northern goshawk
nests/territories the first full calendar year following license issuance, then every seven
years thereafter (i.e., License Year 1, 8, 15, 22, 29, and 36) with the objective of
determining changes to nesting locations within existing territories and/or establishment
of new territories. Surveys will be focused around suitable nesting habitat that is safely
accessible and within a 0.25-mi buffer of the Project transmission line, Project Roads,
Project campgrounds, and Project helicopter landing pads. Survey methods will be
consistent with relicensing studies, to the extent possible, to ensure comparability of
survey results with previously collected data by using the same methodologies. A draft
report summarizing findings will be provided to the Forest Service, State Water Board,
USFWS, and CDFW, for 30-day review, and a final report (including responses to
agency comments) will be filed with FERC within one year of data collection.
Condition No. 50 – Limit Project-Related Activities During the California
Spotted Owl and Northern Goshawk Breeding Seasons within the Vicinity of
Active Nests
The Licensees shall avoid conducting potentially disruptive Project activities (see
bulleted list below) related to Project helicopter use, Project recreational facilities
Project No. 619-164 B-42
maintenance, and/or other Project O&M within a 0.25-mi buffer of known California
spotted owl and northern goshawk nests and/or suitable habitat during their respective
breeding seasons (February 15 through August 31 for northern goshawk and March 1
through August 31 for California spotted owl). If potentially disruptive Project activities
cannot be avoided in an area with a previously documented nest or suitable nesting
habitat for California spotted owl and/or northern goshawk during the breeding season,
the Licensees shall conduct pre-construction surveys for nesting California spotted owl
and/or northern goshawk to determine occupancy and/or nesting status and establish a
0.25-mi protective buffer around active nests (in which no work would occur).
The Licensees shall confer with the Forest Service, USFWS, and CDFW, to address
situations in which the activities listed below cannot be avoided within a 0.25-mile buffer
of a known California spotted owl or northern goshawk nest during their respective
breeding seasons. If work will occur within the 0.25-mi buffer, active nests shall be
monitored full-time by a qualified biologist for at least two days at the onset of each
phase of work activity (e.g., involving new equipment), then periodically (e.g., every few
days) until construction ends or the biologist has determined that the young have fledged.
The biologist shall have authority to order the cessation of project activities if nesting
pairs and/or their young exhibit signs of disturbance.
Project activities that would trigger the actions described in this measure include:
Helicopter operations involving extended circling or hovering (e.g., >5 min)
multiple round-trips, or repeated sling-loading of equipment into a site
Project operations or maintenance requiring blasting
Project operations or maintenance requiring jackhammering in areas with natural
to low ambient activity (e.g., light vehicular traffic and small power tools
\[USFWS 2006\])
Tree-felling (e.g., hazard tree removal) or trimming of woody vegetation requiring
extended chainsaw use (e.g., >1 hr) and/or a masticator
Removal of large slides at Project facilities or along Project roads that would
require use of heavy equipment (e.g., a backhoe or an excavator)
Ditch and/or culvert cleaning along non-paved (i.e., remote) Project roads
extensive enough to require a backhoe
Condition No. 51 – Limit Project-Related Activities During the Willow
Flycatcher Breeding Seasons
The Licensees shall avoid conducting potentially disruptive Project activities (e.g.,
helicopter use, blasting, tree-felling, jackhammering, recreational facilities construction,
and/or other loud operations and maintenance activities) within 350 ft of suitable willow
flycatcher nesting habitat during the breeding season of June 1 through August 31. This
Project No. 619-164 B-43
includes Project activities which have the potential to disrupt actively nesting willow
flycatcher, as determined by a qualified biologist. The presence of suitable habitat within
350 ft of proposed activities will be evaluated by a qualified biologist via desktop and/or
field review based on the California Department of Fish and Game’s 2004 document
“Determinations of Potential Willow Flycatcher Breeding Habitat” (CDFG/CDFW
94
2004), or the most current willow flycatcher habitat assessment guidelines
recommended by the CDFW. When utilizing the CDFG (2004) guidelines, all four
habitat criteria that are described must be met to be considered suitable willow flycatcher
nesting habitat.
If disruptive Project activities cannot be avoided within 350 ft of suitable willow
flycatcher nesting habitat during the breeding season, then the Licensees shall conduct
protocol-level pre-construction surveys for nesting willow flycatcher and establish a 350
ft protective buffer around active nests. Project activities will not commence within 350
ft of an active nest any sooner than August 31 unless the Licensees can confirm that
either (1) the nest successfully fledged young, or (2) the nest is unoccupied or failed, and
early commencement of activities has been approved by the Forest Service, USFWS, and
CDFW.
The Licensees shall notify the Forest Service, USFWS, and CDFW, prior to conducting
potentially disruptive activities during the nesting season that may allow a smaller buffer
than 350 ft. The Licensees shall provide notification to each agency as soon as possible
to provide an opportunity to comment prior to implementation. The Licensees shall
provide a qualified biologist to monitor active nests during Project activities which use a
smaller buffer than 350 ft to determine if the buffer is adequate based on the behavior of
the birds. Monitoring may be full time or periodic as determined by the qualified
biologist. The qualified biologist shall have the authority to order the cessation of Project
activities if nesting pairs and/or their young exhibit signs of disturbance. If the qualified
biologist determines the implemented buffer is not adequate, the buffer may be increased
to a sufficient distance or work may be delayed, based on the birds’ behavior. The
Licensees shall notify the Forest Service, USFWS, and CDFW, of the revised buffer.
Condition No. 52 – Consult with Bat Biologist Prior to Significant Structural
Modifications and Vegetation Management Activities
Structural Modifications
Prior to conducting Project activities that include structural modifications of Project
facilities (i.e., directly modifying potential roost structures) or loud noise and vibrations
(e.g., blasting, jack hammering), a qualified biologist will determine if the activity has the
potential to directly impact special-status bats or maternity colonies. This measure is
94
CDFG/CDFW. 2004. DFG Determinations of Potential Willow Flycatcher
Breeding Habitat. California Department of Fish and Game, Sacramento, CA.
Project No. 619-164 B-44
intended to protect maternity colonies comprised of approximately 50 bats or more and
colonies of any size if comprised of special-status bats. Special-status bats species
include those species listed as federally endangered, threatened, or proposed for listing
under the Endangered Species Act, Forest Service sensitive species and Forest Service
species of conservation concern, State threatened, endangered, or candidate species for
listing under the California Endangered Species Act, California species of special
concern, and California fully protected species.
If the biologist determines the Project activities have the potential to directly affect
maternity colonies or special-status bats, the Licensees shall:
Implement a limited operating period during the maternity season from May 1
through August 31 to avoid conducting potentially disturbing Project activities
when young are non-volant (unable to fly).
o If work must occur during the maternity season, a qualified biologist will
conduct a preconstruction survey and an assessment of potential roost sites to
determine the presence of special-status bats and/or maternity colonies that
may be directly affected by the Project activities. The biologist will assess
appropriate protection measures, such as exclusion of bats (as provided below)
from the work area prior to the maternity season, or monitor the site during
Project activities, whichever the biologist determines is appropriate for the bat
species, location, and Project activity.
Prior to commencement of the Project activity, the Licensees shall provide
notification to each agency as soon as possible, to provide an opportunity to
comment prior to implementation, if:
o Modification to a structure at a location that supports a special-status bat
species or bat maternity colony has the potential to affect the current and future
use of the roost (e.g., change the building material or spacing of the roof at the
intake structures/tunnel intake towers).
o Temporary or permanent exclusion is planned at a structure that supports
special-status bats (regardless of colony size) or a large colony of non-special-
status bats comprised of approximately 50 bats or more.
Notification shall include the proposed exclusion design and materials, if
applicable. Replacement habitat would be considered, in coordination with the
Forest Service, USFWS, and CDFW, if permanent exclusion occurred at a
structure supporting special-status species or a large colony of non-special status
species (approximately 50 bats or more). Notification to the agencies would not
be provided if only smaller roosts (e.g., day roost, night roost) of non-special
status species would be affected.
Vegetation Management
When safety is not of immediate concern (i.e., non-emergency work), the Licensees shall
have a qualified biologist conduct a desktop review (such as reviewing tree diameter,
Project No. 619-164 B-45
aerial photographs, presence of sloughing bark) to assess if hazard tree removal or other
tree removal has the potential to adversely affect roosting habitat or roosting bats during
the maternity season (May 1 through August 31). If the biologist determines that suitable
habitat may be present, measures to minimize impacts to roosting bats, including, but not
limited to, removing the tree in sections and/or creating disturbance to encourage passive
escape, shall be implemented.
Condition No. 53 – Consult with Bat Biologist Prior to Loud/Vibration
Activities Along Three Lakes Road or Three Lakes Dam
Prior to implementing loud or vibration causing activities (e.g., blasting, jack hammering)
along Three Lakes Road (24N24) or at Three Lakes Dam, and when safety is not of
immediate concern, the Licensees shall have a qualified bat biologist review the Project
activityfor the potential to directly affect special-status bats. Cliff and rock faces in the
vicinity of these areas may provide roosting habitat for bat species. If a qualified bat
biologist determines the activity has the potential to directly affect special-status bats
within the maternity season when young are non-volant (unable to fly) (May 1 through
August 31), the Licensees shall conduct a preconstruction/ emergence survey.
If survey results determine the activity would directly affect special-status roosting bats,
the disturbance activity would not occur during the limited operating period from May 1
to August 31.
Special-status bats species include those species listed as federally endangered,
threatened, or proposed for listing under the Endangered Species Act, Forest Service
sensitive species and Forest Sensitive species of conservation concern, State threatened,
endangered, or candidate species for listing under the California Endangered Species Act,
California species of special concern, and California fully protected species.
Condition No. 54 – Inspect Project Tunnels for Bats Prior to O&M Activities
in Winter
If Project O&M activities (e.g., structure modification, jackhammering, or other activities
causing loud noise and vibration to potential roosting structures) occur during the winter
(November 1 through March 31) at Grizzly Powerhouse Tunnel portal, Bucks Lake Dam
Outlet tunnel, or other Project structures identified as supporting hibernacula, the
Licensees shall have a qualified bat biologist survey the site prior to initiating O&M
activities.
If O&M activities cannot be avoided at winter hibernacula supporting special-status bats
or approximately 50 or more non-special-status bats, the Licensees shall develop
appropriate protective measures. Prior to commencement of the Project activity, the
Project No. 619-164 B-46
Licensees shall notify the Forest Service, USFWS, and CDFW as soon as possible, to
provide an opportunity to comment prior to implementation.
If winter hibernacula of special-status bats are present and the bat biologist determines
special-status bats are likely to be directly affected by the O&M activities, the Licensees
shall implement a limited operating period of November 1 through March 31, during
which the activities will not be conducted. Special-status bats species include those
species listed as federally endangered, threatened, or proposed for listing under the
Endangered Species Act, Forest Service sensitive species and Forest Service species of
conservation concern, State threatened, endangered, or candidate species for listing under
the California Endangered Species Act, California species of special concern, and
California fully protected species.
If O&M activities cannot be avoided during the limited operating period at winter
hibernacula where special-status bats are known to be present, the Licensees shall
develop an exclusion proposal prior to commencement of Project activities. The
Licensees shall provide the Forest Service, USFWS, and CDFW with an exclusion
proposal, including the general design, materials, and methods. Prior to commencement
of the Project activity, the Licensees shall notify the Forest Service, USFWS, and CDFW,
as soon as possible, to provide an opportunity to comment prior to implementation.
Notification to the Forest Service, USFWS, and CDFW, regarding exclusion activities
would only occur if there is potential to directly affect hibernating special-status bat
species or approximately 50 or more non-special-status bats.
Condition No. 55 – Recreation Management Plan
Licensees shall implement the Recreation Management Plan, filed separately with the
Commission, by Pacific Gas and Electric Company and the City of Santa Clara, on
October 3, 2019 (FERC eLibrary Accession No. 20191003-5160), for locations on, or
directly affecting, NFS lands.
Condition No. 56 – Bucks Lake Shoreline Management Plan
Licensees shall implement the Bucks Lake Shoreline Management Plan, filed separately
with the Commission, by Pacific Gas and Electric Company and the City of Santa Clara,
Project No. 619-164 B-47
on September 19, 2019 (FERC eLibrary Accession No. 20190919-5105), for locations
on, or directly affecting, NFS lands.
Condition No. 57 – Consult with the Forest Service Prior to Painting the
Exterior of Project Structures
The Licensees shall consult with the Forest Service prior to painting the exterior of all
existing and new Project facilities whenever these facilities are repainted during regular
maintenance or painted anew during initial construction.
Condition No. 58 – Historic Properties Management Plan
Licensees shall implement the Historic Properties Management Plan filed separately with
the Commission, by Pacific Gas and Electric Company and the City of Santa Clara, on
August 15, 2019 (FERC eLibrary Accession No. 20190815-5101, Privileged), for
locations on, or directly affecting, NFS lands.
Condition No. 59 – Transportation Management Plan
Licensees shall implement the Transportation Management Plan, filed separately with the
Commission, by Pacific Gas and Electric Company and the City of Santa Clara, on
September 20, 2019 (FERC eLibrary Accession No. 20190920-5141), for locations on, or
directly affecting, NFS lands.
Condition No. 60 – Erosion Management Plan
Licensees shall implement the Erosion Management Plan, filed separately with the
Commission, by Pacific Gas and Electric Company and the City of Santa Clara, on
September 20, 2019 (FERC eLibrary Accession No. 20190920-5141), for locations on, or
directly affecting, NFS lands.
Condition No. 61 – Fire Prevention and Response Plan
Licensees shall implement the Fire Prevention and Response Plan, filed separately with
the Commission, by Pacific Gas and Electric Company and the City of Santa Clara, on
Project No. 619-164 B-48
September 20, 2019 (FERC eLibrary Accession No. 20190920-5141), for locations on, or
directly affecting, NFS lands.
Condition No. 62 – Drought Management
In the event of extremely dry conditions, the Licensees may develop an operational
proposal to temporarily implement the Critically Dry water year instream flow release
schedule (Condition No. 31) at the following compliance points while extremely dry
conditions continue:
Bucks Creek below Lower Bucks Lake Dam: PG&E gage NF82 / USGS No.
11403530
Grizzly Creek below Grizzly Forebay: PG&E gage NF22 / USGS No. 11404300
Milk Ranch Creek Below Three Lakes: PG&E gage MR2
Milk Ranch Creek at Milk Ranch Conduit Diversion No. 1: PG&E gage MRC1
Extremely dry conditions may include years in which the Governor of the State of
California declares a drought in Plumas County, or multiple consecutive Dry or Critically
Dry water years. In the third or subsequent year of Dry or Critically Dry water years
based on the DWR water year forecast for February (Condition No. 30 - Annual
Determination of Water Year Types), the Licensees may provide a temporary revised
operations proposal (hereafter, Revised Operations Plan) to the Forest Service, the State
Water Board, CDFW, USFWS, and other interested stakeholders for a 30-day review and
comment period. The Revised Operations Plan shall include the following:
A discussion of biological and recreational resources that could be affected;
“Typical” historical water temperatures in the reach and expected changes;
A discussion of the hydrology/operations from previous two years for the Project;
Monitoring of biological and recreation resources that may be adversely affected
by modified operations, if not adequately addressed by license-required
monitoring occurring in the current year and any subsequent years for which
revised operations are in effect.
After the 30-day opportunity for comment and consultation, and upon approval by the
Forest Service and State Water Board, the Revised Operations Plan, along with any
comments provided during the consultation process, will be submitted to FERC and
implemented.
The Revised Operations Plan shall be followed through at least January of the following
water year. In the event that the any of the DWR forecasts in February, March, or April
of the fourth or subsequent year of a multi-year drought return to Normal or Wet water
year conditions (see Condition No. 30), flows for those months shall follow the
Project No. 619-164 B-49
requirements of Condition No. 31 - Instream Flows for Normal or Wet water years.
However, the final determination of continued multi-year drought conditions shall be
based on the May forecast.
For each year that a Revised Operations Plan is in effect, resource monitoring results
shall be reported to the Forest Service, State Water Board, CDFW, and USFWS by the
st
following March 1. Following the second year of revised operations (= fourth year of
dry/critically dry conditions), Licensees shall consult with the Forest Service, State Water
Board, CDFW, USFWS, and other interested stakeholders, on monitoring results and
collaboratively determine the need for modifications to the Revised Operations Plan.
After approval by the Forest Service and State Water Board, the modified Plan will be
submitted to FERC and implemented.
Project No. 619-164 C-1
APPENDIX C
Reasonable and Prudent Measures and Terms and Conditions included in the U.S.
Fish and Wildlife Service’s Biological Opinion for the Relicensing of the
Bucks Creek Hydroelectric Project No. 619
Filed on December 26, 2019
Section 9 of the Act and Federal regulation pursuant to section 4(d) of the Act prohibit
the take of endangered and threatened species, respectively, without special exemption.
Take is defined as to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture or
collect, or to attempt to engage in any such conduct. Harass is defined by USFWS
regulations at 50 CFR 17.3 as an intentional or negligent act or omission which creates
the likelihood of injury to wildlife by annoying it to such an extent as to significantly
disrupt normal behavior patterns which include, but are not limited to, breeding, feeding,
or sheltering. Harm is defined by the same regulations as an act which kills or injures
wildlife. Harm is further defined to include significant habitat modification or
degradation that results in death or injury to listed species by significantly impairing
essential behavior patterns, including breeding, feeding, or sheltering. Incidental take is
defined as take that is incidental to, and not the purpose of, the carrying out of an
otherwise lawful activity. Under the terms of section 7(b)(4) and section 7(o)(2), taking
that is incidental to and not intended as part of the agency action is not considered to be
prohibited taking under the Act provided that such taking is in compliance with the terms
and conditions of this Incidental Take Statement.
The measures described below are non-discretionary and must be undertaken by the
Licensees and the Commission so that they become binding conditions of any grant or
permit issued to the applicant, as appropriate, for the exemption in section 7(o)(2) to
apply. The Commission has a continuing duty to regulate the activity covered by this
incidental take statement. If the Commission (1) fails to assume and implement the terms
and conditions or (2) fails to require the Licensees to adhere to the terms and conditions
of the incidental take statement through enforceable terms that are added to the permit or
grant document, the protective coverage of section 7(o)(2) may lapse. In order to monitor
the impact of incidental take, the Commission must report the progress of the action and
its impact on the species to the USFWS as specified in the incidental take statement \[50
CFR §402.14(i)(3)\].
Amount or Extent of Take
The USFWS anticipates that incidental take of the frog will be difficult to detect or
quantify for the following reasons: frogs are cryptically colored, secretive, and sensitive
to human activities. Frogs may avoid detection by retreating to burrows, soil crevices,
under water, or other cover. Individual frogs are difficult to detect unless they are
observed, undisturbed, at a distance. Most close-range observations represent chance
Project No. 619-164 C-2
encounters that are difficult to predict. In addition, we believe if one frog is observed, it
is highly likely that other undetected frogs exist in the general area. Therefore, we are
using the detection of one injured or dead subadult or adult frog over the life of the new
license period as the level of take permitted under this Biological Opinion. We believe
that if this level of take is exceeded then it is likely other frogs also have been adversely
affected by the Project but not detected. The USFWS anticipates that any frogs present in
or that move into the Project area and occupy the available habitat may be harassed,
harmed, or killed by construction, operations, and maintenance activities; however,
should observed take reach two individual adults or subadults, Project activities which
have the potential to result in take of the frog shall cease and the Commission shall
reinitiate formal consultation within 30 days of the date of this exceedance of take. We
also are authorizing take in the form of capture and relocation of all frog tadpoles and egg
masses encountered within the Project area along Three Lakes Road during road
maintenance activities (including stream crossing construction) for the purpose of
relocating the individuals out of harm's way should they be at risk of harm, injury, or
mortality due to the Project's activities.
Effect of the Take
In the accompanying Biological Opinion, the USFWS determined that this level of
anticipated take is not likely to result in jeopardy to the species or destruction or adverse
modification of critical habitat.
Upon implementation of the following reasonable and prudent measures, incidental take
of the frog from Project activities in the form of harm, harass, kill, trap, capture--resulting
from injury, desiccation, crushing, or direct entrainment will become exempt from the
prohibitions described under section 9 of the Act for direct and indirect impacts up to the
amount of take described above.
Reasonable and Prudent Measures
Necessary and appropriate measures to avoid or minimize effects to the frog resulting
from implementation of the Project have been incorporated into the Project's proposed
conservation measures. The USFWS believes the following reasonable and prudent
measures are necessary and appropriate to further minimize the effects of the proposed
impact of take on the frog.
1. All conservation measures, as described in the BA and restated in the Project
Description section of this Biological Opinion \[added below Incidental Take
Statement\], shall be fully implemented and adhered to. Further, this reasonable
and prudent measure shall be supplemented by the terms and conditions below.
Project No. 619-164 C-3
2. The Licensees shall ensure all personnel associated with Project activities are
made aware of the conservation measures and the responsibility to fully
implement them.
Terms and Conditions
In order to be exempt from the prohibitions of section 9 of the Act, the Commission and
the Licensees must ensure compliance with the following terms and conditions (T&C),
which implement the reasonable and prudent measures described above. These T&C are
nondiscretionary.
1. The Commission shall ensure the conservation measures of this biological opinion
are implemented for the Project.
a. Handling of a federally-listed species shall be done by an amphibian
biologist with appropriate experience. The Licensees shall make available
upon request the curriculum vitae (CV) of any biologists proposed to
handle the species. The CV shall document the following qualifications:
i. Possess a Bachelor's degree in biology or a resource management-
related field, or equivalent field/work experience;
ii. Have completed course work in herpetology and fresh water
limnology;
iii. Have conducted a minimum of five surveys for a minimum of forty
hours consisting of trapping with a hand net or hand capturing,
handling, and identifying the frog in the field under the supervision
of a 10(a)1(A) permitted Sierra Nevada yellow-legged frog or
Mountain yellow-legged frog biologist during which time at least ten
frog adults were positively identified, at least ten frog tadpoles were
identified, and egg masses of the frog were observed;
iv. Have captured and handled at least five individual adult and ten
larval foothill yellow-legged frogs (Rana boylii) under the
supervision of a permitted biologist in order to observe
morphological differences in con-generic species;
v. Have familiarity with suitable frog habitat within the Sierra Nevada
Range;
vi. Have familiarity with fish and invertebrate species, native and non-
native, which may co-occur with the listed species; and
vii. Have a written recommendation from at least one 10(a)1(A)
permitted Sierra Nevada yellow-legged frog or Mountain yellow-
legged frog biologist stating that the prospective individual was
Project No. 619-164 C-4
trained at least in part by them and that the prospective permittee
meets the minimum qualification guidelines listed above; OR
viii. A valid 10(a)(1)(A) Recovery Permit or individual authorized under
a valid Recovery Permit.
b. Monitoring, preconstruction surveys, and worker training for the frog shall
be done by a qualified biologist. The Licensees shall make available upon
request the CV of any biologists proposed to conduct this training. The
qualified biologist shall possess:
i. Verifiable experience with Sierran anurans, including a minimum of
twenty hours of identifying and/ or surveying for Sierran anurans
and related educational background including courses in
herpetology.
c. Amphibian rescue for eggs and tadpoles shall be utilized for road
maintenance activities (including stream crossing construction) along Three
Lakes Road when these life stages are detected in the immediate area and
could be impacted by the activities. Adults will be permitted to move out
of the area of impact on their own. Amphibian rescue protocols shall
include:
i. In the event that egg masses may become impacted by road
maintenance activities, the amphibian biologist (defined under
T&C 1.a) shall collect the egg masses in a holding container. Any
vegetation or materials attached to the egg masses shall be left
attached and moved with the eggs (if practicable). The holding
container will be submerged during the transfer of eggs to the
container. The biologist will cover the holding container so that it
does not receive direct sunlight. If the eggs remain in the holding
container for more than 10 minutes, an aerator and ice (if
appropriate) will be added to the container to maintain water
temperature and quality conditions to match as closely as possible to
the original site. The biologist will place the eggs in a protected
portion of the stream outside of the immediate area of impact (at
least 100 feet away). The eggs shall be placed at a similar depth of
water to that from which they were collected and be placed so that
instream flows will not displace the mass. The eggs shall be gently
placed in their recovery location while keeping the container
submerged during the transfer. The biologist shall have the authority
to adjust these protocols to benefit the successful rearing of the eggs
as conditions in the field require.
ii. In the event that tadpoles may become impacted by road
maintenance activities, the amphibian biologist (defined under
Project No. 619-164 C-5
T&C 1.a) shall collect the tadpoles with a submerged holding
container. If a wet transfer is not possible, tadpoles may be collected
using a hand-held net and immediately moved to a holding container
with water from the native stream. The biologist will cover the
holding container so that it does not receive direct sunlight. If the
tadpoles remain in the holding container for more than 10 minutes,
an aerator and ice (if appropriate) will be added to the container to
maintain water temperature and quality conditions to match as
closely as possible to the native stream. The biologist will place the
tadpoles in a more protected portion of the native stream (at least
100 feet away). The tadpoles shall be gently placed in their recovery
location while keeping the container submerged during the transfer.
The amphibian biologist shall have the authority to adjust these
protocols to benefit the successful rearing of the tadpoles as
conditions in the field require.
d. Decontamination protocols for amphibian rescue and direct handling of any
life stage of the frog shall utilize the California Center for Amphibian
Disease Control (2007) Decontamination Protocols for Professionals (or
other protocol as approved by USFWS): http://www.ccadc.us/
docs/DeconForProfessionals.pdf
e. By December 31 of each year where egg masses and/ or tadpoles were
captured and relocated, the Licensees or the Commission shall report to the
Assistant Field Supervisor for Endangered Species at the BDFWO the total
number of each life stage of the frog which was captured and relocated and
the location where individuals were released.
f. A copy of all reports pertaining to the frog and/ or frog survey results
completed by the Licensees should be sent to the Assistant Field Supervisor
for Endangered Species at the BDFWO.
Disposition of lndividuals Taken
Injured frogs shall be treated by a licensed veterinarian or other qualified person. The
Commission shall ensure that the USFWS will be notified of any injured or killed frogs
within one working day. Notification to the USFWS of the injury or death of a frog must
include the date, time, and precise location of the specimen/incident, and any other
pertinent information. Dead animals should be sealed in a zip lock bag containing a piece
of paper indicating the location, date, and time when it was found, and the name of the
person who found it. The bag should be frozen in a freezer in a secure location. The
USFWS contacts are the Assistant Field Supervisor, Endangered Species Program at the
BDFWO at (916)930-5603 and Resident Agent-in-Charge of the USFWS's Law
Enforcement Division at (916)414-6660.
Project No. 619-164 C-6
Proposed Conservation Measures \[copied from Project Description section of BO and
incorporated into the Incidental Take Statement above via Reasonable and Prudent
Measure 1\]
A number of new operations measures were negotiated with the interagency team through
the Commission's ILP. These measures were submitted by the Commission in their BA or
as part of their DEIS and are anticipated to avoid or minimize impacts to natural
resources and/or enhancenatural resources within the Project boundary. Those measures
that pertain to this consultation are detailed below.
Measure WR-1: Minimum Instream Flows
The Commission proposes to provide minimum instream flows that increase the flow in
some water year types and in most months for all major Project waterways compared to
the existing license. Flows would be altered in the following stream reaches: (1) Bucks
Creek below Lower Bucks Lake Dam; (2) Grizzly Creek below Grizzly Forebay; (3)
Bucks Creek below Bucks Lake Dam; (4) Milk Ranch Creek below Three Lakes; (5)
Milk Ranch Creek at Milk Ranch Conduit Diversion No. 1; and (6) South Fork Grouse
Hollow Creek at Milk Ranch Conduit Diversion No. 3 (see Table 1 below for full
details).
WR-2: Full Natural Flow in Bear Ravine
The Commission proposes to cease diverting flow at Bear Ravine. This would result in
the full, natural inflow to Bear Ravine continuing downstream from the point of diversion
to the confluence with Bear Ravine and Bucks Creek, increasing flows in approximately
3,800 feet of the stream compared to the existing license conditions.
Project No. 619-164 C-7
W'R.4: Channel Maintenance Flows
The Commission proposes to continue, with modification, providing channel
maintenance flows in Bucks Creek below Lower Bucks Lake and Grizzly Creek below
Grizzly Forebay.
Project No. 619-164 C-8
WR-6: Managed Spill Ramping Rates
The Commission proposes that when managed spill occurs at Grizzly Forebay Dam or
Lower Bucks Lake Dam, the Licensees will gradually ramp down the spill by changing
unit loads at Bucks Creek Powerhouse and/ or Grizzly Powerhouse.
WR-9: Milk Ranch Conduit Bypass
The Commission proposes, in wet water year types, to stop diverting from Milk Ranch
Creek and North Fork Grouse Hollow Creek every year, starting April 1 (or as soon as
reasonably accessible) through August 15, or when the Licensees initiate the drawdown
of Three Lakes. This would result in the full, natural flow of Milk Ranch Creek and
North Fork Grouse Hollow Creek to continue downstream from the points of diversion to
the confluences with the North Fork Feather River for as much as 4 ½ months out of each
year.
Sierra Nevada Yellow-Legged Frog Management Plan
A Sierra Nevada Yellow-legged Frog Management Plan (Plan) was developed in
consultation with the USFWS and other interested agencies (e.g., CDFW, Forest Service)
to incorporate frog conservation measures into Project activities at locations containing
potentially suitable frog habitat (at or greater than 4,500 feet elevation). The Plan also
details periodic monitoring over the term of the new Project license to assess the status of
the frog within the Project area and evaluate potential effects from Project activities. The
Plan also supports conservation actions identified within the ICS for Mountain Yellow-
Legged Frogs in the Sierra Nevada (MYLFITT 2018), to provide a framework for the
coordinated planning of ongoing and future restoration activities aimed at conservation of
frog populations in California. The ICS includes a vision to ensure viable, self-sustaining
populations of the frog with metapopulations well-distributed across its historical range
to maintain the genetics and ecological diversity of the species.
The Plan includes conservation measures to avoid or minimize impacts to the frog. These
are included as general measures and measures related to specific activities. General
conservation measures included in the Plan are: (1) annual employee training for staff
about the frog, its habitat, and conservations measures included in the Plan; (2) vehicles,
heavy equipment, and their activities will be restricted to the existing roadways and
disturbed areas; (3) refueling and maintenance of equipment will be conducted at least
107 feet from any waterbodies; (4) equipment will be well maintained to prevent leaks;
(5) mixing of chemicals will be conducted no closer than 300 feet from suitable habitat
for the frog; (6) activities near water bodies will be conducted in the dry season,
when possible; (7) vegetation removal and ground disturbance will not exceed the
minimum amount necessary to complete the work; (8) spoils sites will be situated such
that spoils will not be flushed into any water bodies; (9) materials that may be deleterious
to aquatic life will not be placed any closer than 300 feet from water bodies; (10) if a frog
moves into an active work site, Project activities will cease until the frog has moved out
of the area on its own; (11) before moving vehicles and heavy equipment, staff will check
Project No. 619-164 C-9
for amphibians and other wildlife to avoid harming them while operating the equipment;
and (12) when activities occur within 500 feet of known occupied
frog habitat, precautions will be issued and extra care will be required by staff to avoid
harming frogs.
Conservation measures related to in-water activities are: (1) in-water activities will be
performed only during the active season for the frog (April 16 through October 31); (2) a
biological monitor will survey the area for the frog no more than 24 hours prior to
maintenance activities occurring at anyMilk Ranch Conduit diversion; (3) staff will
utilize approved decontamination protocols prior to entering the water at any Milk Ranch
Conduit diversion site; and (4) large woody material will be allowed to pass Project dams
during high flow events.
Conservation measures related to vegetation management activities include: (1) within
500 feet of known occupied sites for the frog, design pesticide applications to avoid
adverse effects to individuals and their habitats; (2) pesticide application using directed
spray techniques will be conducted no closer than 107 feet from the water's edge within
critical habitat for the frog and within suitable habitat outside of critical habitat
established as either "occupied" or "utilization unknown"; (3) pesticides may be applied
within the 107 foot buffer using low-pressure hand sprayers or wicking/wiping only at
disturbed areas located in or around facilities that are critical to project infrastructure
(only aquatic formulations of the pesticide with a surfactant appropriate for use in water
will be used, except for Grizzly Powerhouse yard and Bucks Dam); (4) all mixing and
loading of pesticides will take place at least 300 feet from streams containing suitable
habitat; no mixing or loading will occur within 500 feet of areas known to be occupied by
the frog; (5) in suitable habitat outside of critical habitat, manual treatment techniques
including hand-pulling, digging, and hand tools (including hand-held motorized tools
such as weed trimmers, brush saws, etc.) can be used to treat small populations of
invasive weeds within the 107 foot buffer after the biological monitor has surveyed the
immediate area for frogs (survey to take place within 24 hours of start of activities).
Manual treatments within occupied habitat or critical habitat will follow measures
provided in this BO; (6) pesticides will not be applied during the wet season to minimize
herbicide transport in the environment due to precipitation and subsequent runoff. The
wet season is from the first wetting rain (the first frontal system resulting in greater than
¼-inch precipitation as measured from the nearest appropriate weather monitoring
station, typically in October) through April.
Conservation measures related to hazard tree maintenance and fuels reductions include:
(1) heavy equipment (including harvest equipment, road building equipment, and
mastication equipment) will not be utilized within the 107 foot buffer for suitable habitat.
If felled material needs to be removed, end-lining will be used when equipment is unable
to directly reach felled trees because of the buffer. Only chainsaws will be used within
the 107 foot buffer; (2) when hazard tree or fuels reduction is required within 107 feet of
Project No. 619-164 C-10
suitable habitat, a frog survey will be conducted by a qualified biologist within 24 hours
prior to initiation of the activity. This measure only applies to areas or surfaces that have
not been developed or previously disturbed, and does not include locations such as roads,
recreation facilities, dams, or powerhouses; (3) to the greatest extent safely practicable,
hazard trees will be cut such that they fall away from the suitable habitat with as little
disturbance as possible to the ground; (4) within 107 feet of suitable habitat, the
Licensees will consult with the Forest Service to evaluate the forest fuel loading
conditions prior to any tree removal or vegetation management activities. If the
assessment indicates that the current fuel levels in the area can accommodate additional
fuel loading, the Licensees will allow felled trees (including any identified hazard trees)
that are 12 inches diameter-at-breast-height (dbh) or greater in size to be
left in place in perpetuity. Trees less than 12 inches dbh and associated slash will be
relocated outside of suitable habitat as soon as feasible, preferably within three days.
Removal will occur by hand with as little disturbance to the surface of the soil/leaf litter
as possible; dragging the material along the ground surface will be minimized. If the
material less than 12 inches dbh is unfeasible to hand carry, then material may be lopped
and scattered and left onsite; when vegetation is chipped or shredded, it will be spread on
the ground outside of the 107 foot buffer; if the Forest Service determines that fuels are at
a level that will not accommodate additional fuel loading, the Licensees will contact the
Commission and the USFWS to determine if additional conservation measures or
re-consultation under the ESA may be necessary; (5) when felled trees and/ or slash
within 107 feet of suitable habitat will not remain on-site in perpetuity, they will be
removed from the 107 foot buffer as soon as feasible, preferably within three days. In
situations where felled trees within 107 feet of suitable habitat are to be removed from
the site, the amount of time that logs are left on-site for loading onto a log truck or dump
truck will be minimized, as they may create refuge for frogs when left in a pile. If felled
trees are left on-site overnight, crews will carefully investigate under their margins for
frogs prior to loading onto the log or dump truck. If the smaller trees are not
removed within three days of the pre-activity survey by the qualified biologist, the
biologist will be on hand before and during the removal to search for any frogs that may
have moved into the area; (6) should a frog be detected within the work area, work will
stop until all frogs have moved out of the area on their own; and (7) trees or fuels will not
be staged or piled within the 107 foot buffer for suitable habitat.
Conservation measures related to erosion control include: (1) erosion control materials
will be composed entirely of natural-fiber biodegradable materials within 107 feet of frog
suitable habitat. Geotextiles, fiber rolls, and other erosion control measures shall be made
of loose-weave mesh, such as jute, coconut (coir) fiber, or other products without welded
weaves; and (2) synthetic (e.g., plastic or nylon) mono-filament netting will not be used
for erosion control or other purposes within 107 feet of frog suitable habitat to ensure that
individuals do not get entangled, trapped, injured, or killed in the erosion control
materials.
Project No. 619-164 C-11
The conservation measure related to road maintenance includes having the biological
monitor conduct a frog survey in the immediate area within 24 hours of the start of
activities. This survey would be required for any road maintenance activities in areas with
standing or flowing water and within 107 feet of suitable habitat established as either
"occupied" or "utilization unknown."
Some of the new construction activity planned within the Project area will not be at final
design prior to license issuance. For these future activities for which complete details are
not available at this time, and if they may affect the frog, the applicable conservation
measures cited previously will be followed, and the USFWS will be consulted regarding
any additional measures that may be necessary.
The Plan includes periodic surveys for the frog over the life of the new license period.
The surveys will assist in assessing the distribution of the frog over the Project area for
the duration of the new license term. Protocols to monitor for the frog will include three
Visual Encounter Surveys (VESs) per survey year and one environmental DNA (eDNA)
sampling effort per survey year. Appropriate standards and currently accepted
decontamination protocols will be followed prior to each aquatic based field effort or
moving between sites not directly connected hydrologically. Incorporating updated
survey protocols will be considered in consultation with the Ecological Consultation
Group (Note: the formation of an Ecological Consultation Group was included in the
final License application, and in the Forest Service's mandatory Federal Power Act
Section 4(e) Conditions). Locations to be surveyed and their frequency include (see
Figure 1 below):
Bear Ravine both upstream and downstream of the diversion location. Surveyed
annually in the first three years after license issuance and then two years out of
every six through the end of the license period;
South Fork Grouse Hollow Creek downstream of the diversion location. Surveyed
two years out of every ten throughout the license period;
Grizzly Creek upstream of Grizzly Forebay. Surveyed two years out of every ten
throughout the license period;
Grizzly Creek downstream of Grizzly Forebay. Surveyed two years out of the first
ten years after license issuance and then one year out of every ten years for the
duration of the license period;
Haskins Creek at confluence with Bucks Lake. Surveyed two years out of every
ten throughout the license period;
Bucks Creek at confluence with Bucks Lake. Surveyed two years out of the first
ten years after license issuance and then one year out of every ten years for the
duration of the license period;
Project No. 619-164 C-12
Right Hand Branch Mill Creek at confluence with Bucks Lake. Surveyed two
years out of the first ten years after license issuance and then one year out of every
ten years for the duration of the license period;
Middle Fork Mill Creek at confluence with Bucks Lake. Surveyed two years out
of the first ten years after license issuance and then one year out of every ten years
for the duration of the license period; and
Mill Creek at confluence with Bucks Lake. Surveyed two years out of the first ten
years after license issuance and then one year out of every ten years for the
duration of the license period.
Monitoring for American bullfrog (Lithobates catesbeianus), will be conducted
concurrently with fro monitoring required in this Plan. Surveys will be conducted once
per scheduled frog survey year. Where safely accessible, reservoir survey locations will
extend approximately 300 to 500 feet along either side of the shoreline adjacent to the
frog monitoring site, lake access point, or Project facility, whichever is applicable.
Bullfrog monitoring sites include the following locations along Project reservoir
shorelines at Bucks Lake, Lower Bucks Lake, Grizzly Forebay, and Three Lakes.
Project No. 619-164 C-13
Full Natural Flow in Bear Ravine
The Licensees will cease diversion of flows from Bear Ravine into Milk Ranch Conduit
at Milk Ranch Conduit Diversion No. 8, thus allowing the full natural flow in Bear
Ravine. The existing diversion at Bear Ravine will be capped and covered to securely
close the diversion pipe. Licensees anticipate the typical sediment movement within Bear
Ravine will fill the upstream side of the diversion dam within approximately one year.
Additional Protective Measures
The Commission proposes to include several other measures for the new license period
that relate to this consultation: (1) annual employee training related to special-status
species, non-native invasive plants, and reporting; (2) establishing an Ecological
Consultation Group to coordinate on the implementation of license conditions; (3)
allowing large woody material to pass over the Project dams to downstream areas during
spill events; and (4) developing and implementing an Aquatic Invasive Species
Management Plan (AISMP). The AISMP was finalized and filed with the
Commission by the Licensees on September 20, 2019.
Year
-
%%%
2,0606
b
361770
...
1
-
Households in Poverty (%) 12.52%141732
D
%%
a%
8635
..
64
.
Total Minority Population (%) 62.82%16835
%%
a
2%
95075
..
Hispanic Origin (any race)(%) 39.02%831.
%
a%
62
.
Year Estimates Detailed Tables. U.S. Census
Two or More Races (%) 3.03%30%28.09
-
Year Estimates:
-
%
a
50
Some Other Race (%) 0.25%0.0%0%
%%
a
D
46
Native HI & Other Pacific Islander (%) 0.36%0.0%5.51
, 2022.
6
%%
a
1432
April
..%
Asian (%) 14.28%140
APPENDIX
%
a
44
2019 American Community Survey 5
.%
). Accessed
-
American Indian/ Alaska Native (%) 0.36%100%
Year Estimates:
-
Hispanic or Latino Origin by Race. 2019 ACS 5
–
%%
a
Poverty Status in the Past 12 Months by Household Type and Age of Householder. 2019 ACS 5
7630
..
, 2022.
–
African American/ Black (%) 5.52%010%
6
April
%%%
a
143665
...
White Alone, not Hispanic (%) 37.18%839164
164
-
). Accessed
2019 American Community Survey 5
Total Population39,283,49718,660463744
-
,
2
2.024
Project No. 619
alifornia
Percent of Households (Table B17017
Percent of Total Population (Table B03002
Geographic Area C PlumasCountyBlock Group Census Tract Block Group 2, Census Tract (Source: Staff).a Bureau, 2015 https://data.census.gov/cedsci/table?text=B17017%20B03002&g=0400000US06_0500000US060
63_1500000US060630002022,060630004002&y=2019 b Estimates Detailed Tables. U.S. Census Bureau, 2015 https://data.census.gov/cedsci/table?text=B17017%20B03002&g=0400000US06_0500000US06063_1500000US060
6300020230004002&y=2019&tid=ACSDT5Y2019.B17017 Gray shading denotes an Environmental Justice community.
UNITED STATES OF AMERICA
FEDERAL ENERGY REGULATORY COMMISSION
Pacific Gas and Electric Company and Project No. 619-164
City of Santa Clara
(Issued June 16, 2022)
DANLY, Commissioner, concurring:
1
I concur with today’s order
issuing Pacific Gas and Electric Company and the
City of Santa Clara a new license to continue to operate and maintain the Bucks Creek
Project. I write separately to make two points.
First, I write to point out that the Commission finds certain recommendations filed
jointly by the U.S. Fish and Wildlife Service and California Department of Fish and
Wildlife (California DFW) under section 10(j) of the Federal Power Act (FPA) to be
“outside the scope” of that section and reclassifies them as having been filed under FPA
2
section 10(a).And while I acknowledge that the resource agencies’ recommendations
34
were ultimately included in the license, as I have previously stated, I have misgivings
about this practice.
Second, I write separately to express my concern about Article 202, which
reserves authority for the Commission to impose financial assurance mechanisms without
56
any limiting principle.As I have previously stated, this reservation may have the
1
Pac. Gas & Elec. Co., 179 FERC ¶ 61,202 (2022).
2
Id. PP120-21.
3
Id. (stating the recommendations are required by other mandatory conditions).
4
See, e.g., Cornell Univ., 176 FERC ¶ 61,186 (2021) (Danly, Comm’r, concurring
in part and dissenting in part at P 2).
5
See Pac. Gas & Elec. Co., 179 FERC ¶ 61,202 at P 128 & Ordering Para. (G)
(listing additional license articles, including Article 202 which provides “The
Commission reserves the right to require future measures to ensure that the licensee
maintains sufficient financial reserves to carry out the terms of the license and
Commission orders pertaining thereto.”) (emphasis added).
6
See, e.g., Pub. Util. Dist. No. 1 of Pend Oreille Cnty., 177 FERC ¶ 61,183 (2021)
(Danly, Comm’r, concurring at PP 1-3).
Project No. 619-164 - 2 -
unfortunate effect of reinforcing uncertainty and limiting licensees’ access to the very
financing we should seek to encourage. I very much appreciate those who participated in
7
Commission staff’s technical workshop to discuss financial assurance mechanisms.It is
imperative that the Commission take a hard look at our financial assurance requirements
and deliberately determine what, if any, changes or improvements should be adopted.
For these reasons, I respectfully concur.
________________________
James P. Danly
Commissioner
7
See Transcript of the Technical Conference on Financial Assurance Measures
for Hydroelectric Projects, Docket No. RM21-9-000 (Apr. 26, 2022).