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Home My WebLink About07.08.25 Board correspondence .FW_ Government Agency Submittal submitted in FERC P-803-123 by USFWS,et al.From:Clerk of the Board To:Clerk of the Board; Connelly, Bill; Cook, Holly; Cook, Robin; Durfee, Peter; Jessee, Meegan; Kimmelshue, Tod; Kitts, Melissa; Krater, Sharleen; Little, Melissa; Pickett, Andy; Ritter, Tami; Stephens, Brad J.; Sweeney, Kathleen; Teeter, Doug Cc:Loeser, Kamie; Hancock, LeAnne Subject:Board correspondence .FW: Government Agency Submittal submitted in FERC P-803-123 by USFWS,et al. Date:Tuesday, July 8, 2025 3:48:05 PM Please see board correspondence. -----Original Message----- From: 'FERC eSubscription' <eSubscription@ferc.gov> Sent: Tuesday, July 8, 2025 1:55 PM Subject: Government Agency Submittal submitted in FERC P-803-123 by USFWS,et al. .ATTENTION: This message originated from outside Butte County. Please exercise judgment before opening attachments, clicking on links, or replying.. On 7/8/2025, the following Filing was submitted to the Federal Energy Regulatory Commission (FERC), Washington D.C.: Filer: USFWS US Fish and Wildlife Service, Bay Delta FWO (as Agent) Docket(s): P-803-123 Lead Applicant: Pacific Gas and Electric Company Filing Type: Government Agency Submittal Description: U.S. Fish and Wildlife Service - San Francisco Bay Delta Fish and Wildlife Office submits Informal Consultation for the 2025 Minimum Instream Flow Variance re the DeSabla-Centerville Hydroelectric Project under P-803. 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BEFORE THE UNITED STATES OF AMERICA FEDERAL ENERGY REGULATORY COMMISSION CERTIFICATE OF SERVICE I hereby certify that U.S Fish and Wildlife Service’s Informal Consultation for the 2025 DeSabla-Centerville Minimum Instream Flow Variance for the DeSabla-Centerville Hydroelectric Project, Federal Energy Regulatory Commission (FERC) Project #P-803; Butte County, California has this day been electronically filed with the Federal Energy Regulatory Commission and served, via deposit in U.S. mail or by electric mail, upon each other person designated on the Service List for Project P-803 compiled by the Commission Secretary. Dated at Sacramento, California, this 8th of July, 2025. Brittany Reaves U.S. Fish and Wildlife Service San Francisco Bay-Delta Fish and Wildlife Office 650 Capitol Mall, Suite 8-300 Sacramento, CA 95814 (530) 365-7150 Document Accession #: 20250708-5147 Filed Date: 07/08/2025 BRITTANY REAVES Digitally signed by BRITTANY REAVES Date: 2025.07.08 13:21:18 -07'00' United States Department of the Interior FISH AND WILDLIFE SERVICE San Francisco Bay-Delta Fish and Wildlife Office 650 Capitol Mall, Suite 8-300 Sacramento, California 95814 In reply refer to: FERC #803 ECOSphere #2025-0108199 July 3, 2025 Ms. Debbie-Anne A. Reese, Secretary Federal Energy Regulatory Commission 888 First Street NE Washington, DC 20426 Subject: Informal Consultation for the 2025 DeSabla-Centerville Minimum Instream Flow Variance for the DeSabla-Centerville Hydroelectric Project in Butte County, California; Federal Energy Regulatory Commission Project No. 803 Dear Ms. Reese: This letter is in response to the Pacific Gas and Electric’s (PG&E) June 18, 2025 letter requesting concurrence with determinations and informal conference under section 7 of the Endangered Species Act on the proposed 2025 DeSabla-Centerville Minimum Instream Flow Variance for the DeSabla-Centerville Hydroelectric Project in Butte County, California; P-803. PG&E’s request was received by the U.S. Fish and Wildlife Service (Service) San Francisco Bay-Delta Fish and Wildlife Office on June 18, 2025. Addressed herein are the proposed variance's potential effects on the federally threatened North Feather Distinct Population Segment (DPS) foothill yellow-legged frog (Rana boylii) and its proposed critical habitat, and the proposed-to-be-federally-listed as threatened northwestern pond turtle (Emys marmorata). On May 6, 2025, PG&E filed their request for the temporary flow modification with the Federal Energy Regulatory Commission (FERC). FERC delegated non-federal representative authority on June 12, 2025 to PG&E to conduct Endangered Species Act informal consultation. This response is provided under the authority of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.), and in accordance with the implementing regulations pertaining to interagency cooperation (50 CFR 402). The Federal action on which we are consulting on is PG&E’s proposed minimum instream flow (MIF) variance for the DeSabla-Centerville Hydroelectric Project; P-803. Pursuant to 50 CFR 402.12(j), you submitted a biological analysis for our review and requested concurrence with the findings presented therein. These findings conclude that the proposed MIF variance may affect, but is not likely to adversely affect, the foothill yellow-legged frog and its critical habitat, and the northwestern pond turtle. Document Accession #: 20250708-5147 Filed Date: 07/08/2025 2 Secretary Reese In considering your request, we based our evaluation on the following: (1) your June 18, 2025 letter initiating informal consultation and biological analysis; (2) the May 6, 2025 letter from PG&E to FERC requesting approval for the proposed action; and (3) other information available to the Service. Description of the Proposed Action PG&E is requesting a MIF modification of the license MIF requirement at BW-03 and BW-40 during the 2025 Central Valley spring-run Chinook salmon (Oncorhynchus tshawytscha) (CVSRCS) holding period. BW-3 gage measures MIF into Philbrook Creek below Philbrook Reservoir. The BW-40 gage measures MIF in the West Branch Feather River (WBFR) below Hendricks Head Dam. The Project Action Area includes the following reaches: • Philbrook Creek (located below Philbrook Reservoir) to its confluence with the WBFR; • WBFR from Philbrook Creek confluence to the Miocene Head Dam; and • Butte Creek from the DeSabla Powerhouse outflow to the Parrot-Phelan Diversion Dam. The variance at BW-3 would not change the MIF but would temporarily allow for average MIF over 48 hours with a target between 1 to 2 cfs instead of an instantaneous MIF of 2 cfs. This would allow PG&E to release flows out of Philbrook Reservoir without a buffer to preserve water without risking a deviation from the license required flow if the flow drops below the license required flow. The request at BW-40 would temporarily decrease the license-required MIF of 15 cfs during the current year, which has been designated as a Normal Water Year Type, to a MIF of 7 cfs, which is the license required MIF of a Dry Water Year Type. This request would allow PG&E to provide additional flow towards the Butte Creek side of the Project to help reduce potential heating that may occur in the DeSabla Forebay during summer heat storms. In the Annual Operations and Maintenance Plan, PG&E has stated that their goal is to keep 60 cfs flowing through the DeSabla Forebay to help minimize heating by decreasing travel time through the Forebay. An additional 8 cfs into the DeSabla Forebay achieved by the proposed variance at BW-40 will help maintain the 60 cfs. Foothill Yellow-Legged Frog Foothill yellow-legged frogs are known to occur within the Action Area and have been observed in Butte Creek and portions of the WBFR (i.e., below Hendricks Head Dam) that will be affected by the proposed MIF modification. All life stages of foothill yellow-legged frog have been observed on Butte Creek and WBFR. Observation data is collected from the California Natural Diversity Database; DeSabla-Centerville relicensing study reports from studies performed in 2006; and ongoing studies performed in 2023, 2024 and 2025 associated with the Butte Canal breach. Additionally, the Project falls within proposed critical habitat for the frog: Unit NF–1: North Feather DPS— North Fork Feather River and Butte Creek, Butte and Plumas Counties, Document Accession #: 20250708-5147 Filed Date: 07/08/2025 3 Secretary Reese California. Critical habitat for the frog was proposed on January 14, 2025 and is currently undergoing the public comment period. Northwestern Pond Turtle PG&E has documented incidental observations of northwestern pond turtle in Butte Creek, collected during foothill yellow-legged frog surveys being performed in both Butte Creek and WBFR in 2025. There is suitable habitat for the turtle within the Project Action Area. Conservation Measures PG&E will implement the following conservation measures, developed in consultation with the Service, California Department of Fish and Wildlife, U.S. Forest Service, and National Marine Fisheries Service (hereafter referred to as Resource Agencies): 1. PG&E will continue to hold weekly CVSRCS Holding Period meetings with Resource Agencies. 2. Decisions on when and how to implement the variance flows, as well as any flow changes under this variance would be done in consultation with PG&E staff and the Resource Agencies prior implementing. 3.PG&E will maintain an MIF of 7 cfs, measured at BW-40, as agreed upon with PG&E staff and the Resource Agencies. 4. PG&E will monitor and provide weekly flow changes to the Resource Agencies for gauging stations BW4-0 and BW-3 during weekly CVSRCS Holding Period meetings. 5. PG&E will promptly notify the Resource Agencies of any event that significantly inhibits or impairs the release structures from maintaining a 7 cfs MIF. 6.No wildlife species (i.e., foothill yellow-legged frog, northwestern pond turtle) will be handled or removed from the area. Wildlife in the areas will be allowed to move on their own. Conclusion The Service concurs with your determination that the proposed variance may affect, but is not likely to adversely affect the foothill yellow-legged frog and northwestern pond turtle because: 1) the proposed flows would not be very different than under existing conditions or flows implemented in a Dry water year; 2) Accretion flows from several tributaries will ameliorate the flow reduction on the WBFR; 3) additional flow to Butte Creek is unlikely to have substantial impacts as it is a small contribution in relation to the natural flow that will be occurring in Butte Creek at that time; 4) flow changes will not be significant enough to impact breeding habitats (i.e., will not scour egg masses or nesting sites) for the foothill yellow-legged frog or the turtle; 5)any potential effects to listed species habitat as a result of the variance would be discountable; and 6) the implementation of the proposed Conservation Measures. Based on the provided analysis, the Service concurs that proposed variance is not likely to adversely affect the foothill yellow-legged frog or its proposed critical habitat, or northwestern pond turtle. Document Accession #: 20250708-5147 Filed Date: 07/08/2025 4 Secretary Reese REINITIATION—CLOSING STATEMENT This concludes informal consultation and informal conference on the 2025 DeSabla-Centerville Minimum Instream Flow Variance. As provided in 50 CFR §402.16, (a) Reinitiation of consultation is required and shall be requested by the Federal agency or by the Service, where discretionary Federal involvement or control over the action has been retained or is authorized by law and: (1) If the amount or extent of taking specified in the incidental take statement is exceeded; (2) If new information reveals effects of the action that may affect listed species or critical habitat in a manner or to an extent not previously considered; (3) If the identified action is subsequently modified in a manner that causes an effect to the listed species or critical habitat that was not considered in the biological opinion or written concurrence; or (4) If a new species is listed or critical habitat designated that may be affected by the identified action. (b) An agency shall not be required to reinitiate consultation after the approval of a land management plan prepared pursuant to 43 U.S.C. 1712 or 16 U.S.C. 1604 upon listing of a new species or designation of new critical habitat if the land management plan has been adopted by the agency as of the date of listing or designation, provided that any authorized actions that may affect the newly listed species or designated critical habitat will be addressed through a separate action-specific consultation. This exception to reinitiation of consultation shall not apply to those land management plans prepared pursuant to 16 U.S.C. 1604 if: (1) Fifteen years have passed since the date the agency adopted the land management plan prepared pursuant to 16 U.S.C. 1604; and (2) Five years have passed since the enactment of Public Law 115-141 [March 23, 2018] or the date of the listing of a species or the designation of critical habitat, whichever is later. If you have any questions regarding this response, please contact Brittany Reaves, Fish and Wildlife Biologist, at brittany_reaves@fws.gov. Sincerely, Heather Swinney Deputy Project Leader Document Accession #: 20250708-5147 Filed Date: 07/08/2025 HEATHER SWINNEY Digitally signed by HEATHER SWINNEY Date: 2025.07.03 08:39:52 -07'00' 5 Secretary Reese cc: FERC #P-803 listserv Joy Kurtz (FERC) – Joy.Kurtz@ferc.gov Sky Ramirez-Doble (PG&E) – s9rv@pge.com Catalina Reyes (PG&E) – cerh@pge.com Tracy McReynolds (CDFW) – tracy.mcreynolds@wildlife.ca.gov Anna Allison (CDFW) – anna.allison@wildlife.ca.gov Ellen Roots (NOAA Fisheries) – ellen.roots@noaa.gov Thomas Holley (NOAA Fisheries) – thomas.holley@noaa.gov Tristan Leong (USFS)– tristan.leong@usda.gov Document Accession #: 20250708-5147 Filed Date: 07/08/2025 Document Content(s) 2025-0108199-S7 DesablaFlowVariance2025_FERC P803_combined.pdf............1 Document Accession #: 20250708-5147 Filed Date: 07/08/2025