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HomeMy WebLinkAbout08.14.25 Board Correspondence_ FW_ Government Agency Submittal submitted in FERC P-803-000 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:Hancock, LeAnne; Loeser, Kamie Subject:Board Correspondence: FW: Government Agency Submittal submitted in FERC P-803-000 by USFWS,et al. Date:Thursday, August 14, 2025 8:32:33 AM Please see Board Correspondence -----Original Message----- From: 'FERC eSubscription' <eSubscription@ferc.gov> Sent: Thursday, August 14, 2025 5:15 AM Subject: Government Agency Submittal submitted in FERC P-803-000 by USFWS,et al. .ATTENTION: This message originated from outside Butte County. Please exercise judgment before opening attachments, clicking on links, or replying.. On 8/14/2025, 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-803-000 Lead Applicant: Pacific Gas and Electric Company Filing Type: Government Agency Submittal Description: The U.S Fish and Wildlife Service submits Certificate of Service for Biological and Conference Opinion re the Hendricks Head Dam Repair Project of 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 the U.S Fish and Wildlife Service’s Biological and Conference Opinion on Pacific Gas and Electric’s Hendricks Head Dam Repair Project 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 August 13, 2025. Brittany Reaves San Francisco Bay-Delta Fish and Wildlife Office 650 Capitol Mall, Suite 8-300 Sacramento, CA 95814 (530) 365-7150 Document Accession #: 20250814-5002 Filed Date: 08/14/2025 BRITTANY REAVES Digitally signed by BRITTANY REAVES Date: 2025.08.13 13:55:45 -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: ECOSphere #2025-0077723-S7 FERC #803 August 13, 2025 Debbie-Anne A. Reese, Secretary Federal Energy Regulatory Commission 888 First Street NE, Room 1A Washington, DC 20426 Subject: Biological and Conference Opinion on Pacific Gas and Electric’s Hendricks Head Dam Repair Project under the DeSabla-Centerville Hydroelectric Project (FERC #803) in Butte County, California Dear Secretary Reese: This letter is in response to the Federal Energy Regulatory Commission’s (FERC, the Commission) April 2, 2025 request for initiation of formal consultation with the U.S. Fish and Wildlife Service (Service) on the proposed Pacific Gas and Electric’s (PG&E) Hendricks Head Dam Repair Project (project) under the DeSabla-Centerville Hydroelectric Project (FERC #803) in Butte County, California. Your request was received by the Service on April 2, 2025. At issue are the proposed project’s effects on the federally threatened North Feather Distinct Population Segment (DPS) of foothill yellow-legged frog (Rana boylii; FYLF) and its proposed critical habitat, the federally proposed as threatened Sierra Nevada DPS of California spotted owl (Strix occidentalis occidentalis; CSO), and the northwestern pond turtle (Actinemys marmorata; NWPT). This response is provided under the authority of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.)(Act), and in accordance with the implementing regulations pertaining to interagency cooperation (50 CFR 402). The Federal action on which we are consulting is the repair of approximately 660 square feet of deteriorated concrete on the Hendricks Head Dam. Repairs will consist of removal of deteriorated concrete and replacement with cementitious repair materials, leaving existing reinforcement intact to the extent practical. Where the existing steel reinforcement shows signs of corrosion or damage, reinforcement will be repaired or replaced. Pursuant to 50 CFR 402.12(j), the Commission submitted a March 14, 2025 biological assessment (BA) for our review that was prepared by PG&E and requested concurrence with the findings presented therein. These findings conclude that the proposed project may affect but is not likely to adversely affect the CSO; is not likely to adversely modify the FYLF proposed critical habitat; and may affect and is likely to adversely affect the FYLF and NWPT. Document Accession #: 20250814-5002 Filed Date: 08/14/2025 Debbie-Anne Reese, Secretary 2 In considering your request, we based our evaluation on the following: the Commission’s April 2, 2025 letter requesting initiation of formal consultation, the referenced March 14, 2025 BA, email exchanges and meetings with PG&E staff in 2024 and 2025, and other information available to the Service. The Service has reviewed the proposed project, including conservation measures, and concurs with the Commission’s determination that the project is not likely to adversely affect the CSO and that the project will not adversely modify proposed FYLF critical habitat. The Service reached this conclusion because: (1) the proposed action will not alter CSO habitat; (2) the action is scheduled to occur later in the breeding season when juveniles have fledged and thus, work is not likely to affect the reproductive success of the CSO; and (3) project work will be conducted directly on existing concrete structures; as such, implementation of the proposed action will not directly nor indirectly alter the proposed critical habitat in a way that appreciably diminishes the value of the critical habitat for the conservation of the FYLF. The remainder of this document provides our biological and conference opinion on the effects of the proposed project on the FYLF and NWPT. Consultation History September 26, 2024: PG&E filed request to be designated as a non-federal representative for consultation under Section 7 of the Act regarding the Hendricks Head Dam Spillway Repair. November 9, 2024: The Commission requested that PG&E complete the Section 7 consultation and provide consultation results. November 13, 2024: Email from PG&E to the Service providing request for meeting. November 18, 2024: PG&E met with the Service for a technical coordination meeting to discuss the project. November 27, 2024: The Commission granted designation of authority to PG&E. March 3, 2025: PG&E provided the Service a draft of the BA for informal review. March 14, 2025: PG&E filed with the Commission a BA for the licensee’s proposed Hendricks Head Dam Repair Project. April 2, 2025: The Commission submitted the request for formal and informal consultation with the Service under the section 7 of the Act. Document Accession #: 20250814-5002 Filed Date: 08/14/2025 Debbie-Anne Reese, Secretary 3 BIOLOGICAL AND CONFERENCE OPINION Description of the Proposed Action Hendricks Head Dam (dam, HHD), located in Butte County, is part of PG&E’s DeSabla- Centerville Hydroelectric Project. The principal features of the DeSabla-Centerville Project consist of three reservoirs (DeSabla Forebay, Round Valley and Philbrook), three major diversions (HHD on the West Branch Feather River, and Butte Head Dam and Lower Centerville Diversion Dam on Butte Creek), three powerhouses (Toadtown, DeSabla, and Centerville), and more than twenty miles of flumes, canals and tunnels. The dam supplies water to Hendricks Canal and ultimately Toadtown Powerhouse. The reservoir formed by HHD has a surface area of less than one acre. PG&E completed an assessment of the dam in September of 2022. Abrasion erosion of the upper and lower concrete spillway sections has resulted in exposed reinforcing steel and loss of the concrete section. The left abutment rock wall also has areas of exposed reinforcement due to erosion. Concrete restoration work is necessary to extend the life of the structure. The focus of the project is to repair approximately 660 square feet of deteriorated concrete resulting from water flow erosion and construction defects. Repairs will consist of local removal of deteriorated concrete and replacement with cementitious repair materials, while leaving existing reinforcement intact to the extent practical. Where the existing steel reinforcement shows signs of corrosion or damage, reinforcement will be repaired or replaced. The concrete rubble from demolition will be removed from the dam and hauled off site via helicopter at the end of each shift. Project work will occur at the HHD area. Staging and parking will occur at an already disturbed area approximately 150 feet southeast of the dam, just off Retson Road. The staging at the HHD is approximately 5,000 square feet and will be used for staging smaller equipment and materials and crew parking. From the primary staging area, the workers will access the HHD using an established approximately 150 feet long footpath. Work at the HHD will be limited to about 660 square feet of exposed portions of the diversion structure and all work will occur above the ordinary high-water mark. No project activities will occur within the West Branch Feather River. The secondary staging area is a previously disturbed area of approximately 10,000 square feet located approximately 2.65 miles south of the HHD, along Retson Road and behind a locked gate. This area will be used to dispatch bulky materials via helicopter to the HHD and primary staging area and may be used as a secondary staging area for bulky equipment. Helicopters would not land at this location, but loads would be prepared here for longline pick up and transport to the work area. Minor road work may be required depending on access road quality at the time of the project and will not require any off-road disturbance. Some minor vegetation removal may be required along access roads and walkway paths. Construction will not affect ability to meet instream flow requirements or require any operational changes since the work will take place during a time when the stream water is below the spillway crest. During summer months, including the Document Accession #: 20250814-5002 Filed Date: 08/14/2025 Debbie-Anne Reese, Secretary 4 proposed construction period, water is diverted around the proposed work area through the Hendricks Canal. Construction activities are proposed to occur in August and September when the West Branch Feather River is seasonally low, and water is not passing over the dam. Duration of the project activities are expected to last four to six weeks. Conservation Measures General Measures • Environmental awareness training will be provided to all construction personnel at the start of the project and will include a review of sensitive resources (nesting birds, FYLF, NWPT, CSO) and the associated conservation measures to be implemented. • Prior to work commencing, PG&E shall designate, in coordination with the Service, qualified biologist(s) to monitor on-site compliance with the conditions of this opinion. The biologist(s) shall have the authority to halt project activities in order to comply with the conditions of this opinion and otherwise avoid or minimize impacts to listed species and their habitats. PG&E shall submit to the Service for written approval, the names and resumes of all qualified individuals involved in conducting monitoring work. The individuals shall have academic and professional experience in biological sciences and related resource management activities as it pertains to this proposed action, experience with action-level biological monitoring, be able to recognize species that may be present within the Action Area, and be familiar with the habits and behavior of those species. • Preconstruction surveys will be conducted for NWPT nests within one week of the start of project activities. Areas where nests are found will be flagged and buffer zones will be established to protect these resources. Buffers zones for NWPT nests will be determined by the project biologist based on factors such nest location and construction activities adjacent to nest location. Buffers around NWPT nests will be a minimum of 25 feet (Service 2024). • If project activities are occurring during the nesting season (February 15 to August 31), a qualified biologist will perform a general nesting bird survey within 72 hours prior to start of work. If active nests are found, the PG&E project biologist will determine appropriate avoidance buffers and provide a map of nest locations and avoidance buffer areas before work starts. The biologist may determine that biological monitoring is needed, depending on the survey results. • A Service-approved qualified biologist will be on site to monitor the first day of ground- disturbing activities, including vegetation removal. After the first day, the qualified biologist will revisit the project area weekly to ensure sensitive areas are being avoided and that the conservation measures are being implemented. • Any federally-listed species inadvertently injured or killed or any such found dead, injured, or entrapped will be immediately reported to the PG&E biologist, or the qualified biologist, if on-site. The PG&E biologist will notify the Service within three (3) working days. The Service may provide additional guidance and direction to the qualified biologist at this time. PG&E will follow up with written notification to the Service within five working days. Document Accession #: 20250814-5002 Filed Date: 08/14/2025 Debbie-Anne Reese, Secretary 5 • When accessing worksites, travel and parking of vehicles and equipment will be limited to pavement, existing roads, and previously disturbed areas. • Wildlife found in work areas shall be allowed to move out of the area on their own. PG&E Project Biologist Catalina Reyes (925-808-8811, catalina.reyes@pge.com) will be contacted if the animal does not move or if further guidance is needed. • No wildlife species shall be handled and/or removed from the site by anyone except qualified biologists. • To avoid crushing wildlife, the area beneath all vehicles and equipment will be searched before being moved. • Vehicle speeds on unpaved roads will not exceed 15 miles-per-hour. • Vehicles and equipment may cross streams and wetlands only on existing roads and crossings. • The project will implement standard PG&E Good Housekeeping Practices for dust, erosion, and sediment control. All garbage, especially food waste, will be removed from site at the end of each workday to avoid attracting animals to the work area. • Off-road equipment not local to the project area will be cleaned to ensure that it is free of soil and plant parts. • Soil disturbance will be minimized to the extent possible. Foothill Yellow-legged Frog and Northwestern Pond Turtle • At least 30 days prior to the initiation of project activities, PG&E will prepare and submit a relocation plan to be approved by the Service. Any FYLF and/or NWPT found within the Action Area will be relocated according to the Service-approved relocation plan. • On the first day of project activities, a qualified biologist will conduct a pre-construction clearance survey for FYLF and NWPT. If FYLF or NWPT are found, the individuals will be relocated to a safe location away from the work area per the Service-approved relocation plan. • After the start of project activities, project personnel will immediately report any frog or turtle in the Project area to the PG&E biologist (or the qualified biologist, if onsite). • If a frog or turtle is detected in the project area, work shall be stopped in the area immediately, and crew members will be alerted to avoid the area and designate someone onsite to track its movement. • If the frog is suspected of being a FYLF, project staff shall take multiple photos from a variety of angles (without disturbing the frog) and submit them to the PG&E biologist if the qualified biologist is not onsite assist in a positive identification. Construction activities that may impact the frog shall cease until the individual can be identified. Should the individual be positively identified as a FYLF, activities with the potential to impact the frog will not continue until the qualified biologist has successfully relocated the frog outside of the construction area per the Service-approved relocation plan. Only the qualified biologist will be allowed to touch, pick up, or relocate the frog. • If the individual is identified as a NWPT, all construction activities that may impact the turtle shall cease until the individual moves out of the area on its own. If the turtle does not move, activities with the potential to impact the turtle will not continue until the qualified biologist has successfully relocated the turtle outside of the construction area per the Service-approved relocation plan. Only the qualified biologist will be allowed to Document Accession #: 20250814-5002 Filed Date: 08/14/2025 Debbie-Anne Reese, Secretary 6 touch, pick up, or relocate the turtle. • If at any point FYLF or NWPT are found on a regular basis, the qualified biologist will clear the construction area at the start of each workday, instead of visiting only on a weekly basis as discussed under the general measures. Protection of Waterways • No vehicles or equipment will be refueled within 100 feet of wetlands, streams, or other waterways, where practical. Where this is not practical, equipment will be refueled over secondary containment and will be closely attended during refueling. Vehicles operating adjacent to wetlands and waterways will be inspected and maintained daily to prevent leaks. • Mobile equipment will not be parked overnight within 100 feet of aquatic habitat. Stationary equipment (e.g., pumps and generators) used or stored within 100 feet of aquatic habitat will be positioned over secondary containment. • Keep spill kits onsite and clean up and report all hazardous spills immediately. • Protect waterways with silt fence, fiber rolls, erosion control blankets, and other Storm Water Best Management Practices as necessary. No fill, including vegetation trimmings, debris, or runoff will be allowed to enter wetland areas or waterways. • Erosion control materials shall be installed per manufacturing material specifications and must not contain monofilament netting. • Following the completion of the project, all construction materials, spoils, or other debris should be removed from the project site. Action Area The Action Area is defined in 50 CFR § 402.02, as “all areas to be affected directly or indirectly by the Federal action and not merely the immediate area involved in the action.” For the proposed project, the Action Area encompasses (1) Project footprint on the HHD; (2) Project staging area at the HHD and the footpath to the HHD, (3) helicopter flight path, landing zone and secondary staging area, and (4) a 100-feet buffer around all the aforementioned areas. Analytical Framework for the Jeopardy Determination Section 7(a)(2) of the Act requires that Federal agencies ensure that any action they authorize, fund, or carry out is not likely to jeopardize the continued existence of listed species. “Jeopardize the continued existence of” means to engage in an action that reasonably would be expected, directly or indirectly, to reduce appreciably the likelihood of both the survival and recovery of a listed species in the wild by reducing the reproduction, numbers, or distribution of that species (50 CFR § 402.02). The jeopardy analysis in this biological and conference opinion considers the effects of the proposed Federal action, and any cumulative effects, on the rangewide survival and recovery of the listed species. It relies on four components: (1) the Status of the Species, which describes the current rangewide condition of the species, the factors responsible for that condition, and its survival and recovery needs; (2) the Environmental Baseline, which analyzes the current Document Accession #: 20250814-5002 Filed Date: 08/14/2025 Debbie-Anne Reese, Secretary 7 condition of the species in the Action Area without the consequences to the listed species caused by the proposed action, the factors responsible for that condition, and the relationship of the Action Area to the survival and recovery of the species; (3) the Effects of the Action, which includes all consequences that are caused by the proposed Federal action, including the consequences of other activities that are caused by the proposed action but that are not part of the action; and (4) the Cumulative Effects, which evaluates the effects of future, non-Federal activities in the Action Area on the species. The Effects of the Action and Cumulative Effects are added to the Environmental Baseline and in light of the status of the species, the Service formulates its opinion as to whether the proposed action is likely to jeopardize the continued existence of listed species. Status of the Species Foothill Yellow-Legged Frog For the most recent comprehensive assessment of the species’ rangewide status, please refer to the Species Status Assessment Report for the Foothill Yellow-legged Frog (Service 2023a). Threats evaluated during that review and discussed in the final document have continued to act on the species since the 2023 Status Assessment was finalized. The North Feather DPS is primarily located in Plumas and Butte Counties. This DPS occupies the transition zone between the northern Sierra Nevada, Southern Cascades Foothills, and Tuscan Flows ecoregions. The North Feather DPS differs from the surrounding watersheds in terms of geology and aspect and is the only known area where the foothill yellow-legged frog and Sierra Nevada yellow-legged frog currently coexist (Peek et al. 2019 in Service 2023a). The North Feather DPS is the smallest analysis unit and contains 118 stream segments with recent (i.e., 2000–2020) frog observations. Occupancy in the North Feather DPS is intermediate compared to that of other analysis units. The eastern and southwestern (near Lake Oroville) portions of the unit appear to be either declining in occupancy or extirpated. Several other occurrences (northern Butte County) also are likely extirpated as there have not been detections of the species for decades (CDFW 2025). The North Feather DPS has the highest average relative risk of population decline among the four northern analysis units. Only 16 of the 109 analyzed stream segments are in the low-risk category and 34 stream segments are in the high-risk category. There does not appear to be a spatial pattern associated with the highest risks of decline in this DPS, but the lowest risks are in stream segments along the West Branch Feather River where the Action Area is located. The major threats that are likely contributing to the decline of the FYLF in the North Feather DPS include altered hydrology, nonnative species (bullfrogs and crayfish), agriculture, mining, urbanization (including roads and recreation), and climate change. The North Feather and North Sierra DPSs are the most hydrologically altered portion of the frog’s range and contain a high density of hydropower dams where pulse flows from hydropeaking are generally much greater in frequency and intensity compared to other sources of flow fluctuations (Greimel et al. 2018 in Service 2023a). Document Accession #: 20250814-5002 Filed Date: 08/14/2025 Debbie-Anne Reese, Secretary 8 Northwestern Pond Turtle The Service proposed to list the northwestern pond turtle as a threatened species on October 3, 2023 with a section 4(d) rule (88 FR 68370-68399). At this time, a final listing determination has not been issued. Critical habitat has not yet been proposed, and no recovery plan has been developed for the NWPT. In April 2023, the Service published a species status assessment report for northwestern pond turtle and southwestern pond turtle. Please refer to the 2023 Species Status Assessment (Service 2023b) and the listing proposal for a comprehensive assessment of the species’ range-wide status, life history, and habitat preferences. Northwestern pond turtles are drab, darkish-colored turtles with a yellowish to cream colored head. They are semi-aquatic, having both terrestrial and aquatic life history phases. Eggs are laid in upland terrestrial habitat, and hatchings, juveniles, and adults use both terrestrial and aquatic habitat. The western pond turtle is omnivorous and considered a dietary generalist, consuming a wide variety of food items (Service 2023b). Northwestern pond turtles require aquatic and terrestrial habitats be within close proximity and connected to one another. They are considered habitat generalists, occurring in a broad range of permanent and ephemeral water bodies. NWPT use aquatic habitat for breeding, feeding, and sheltering, and move to upland areas adjacent to watercourses to deposit eggs and overwinter. Preferred aquatic conditions are those with abundant basking sites, underwater shelter sites (undercut banks, submerged vegetation, mud, rocks, and logs), and standing or slow-moving water. Nesting habitat occurs in upland locations in close proximity to aquatic habitat and is typically characterized as having sparse vegetation with short grasses and forbs and little or no canopy cover. Aestivation habitat generally occurs in upland locations above ordinary high-water lines or beyond the riparian zone. Habitat loss and fragmentation due to agricultural development, flood control, water diversion projects, altered hydrology (including dams), groundwater depletion, and urbanization; predation by bullfrogs; and drought were identified as the main causes for the decline for the northwestern pond turtle (Service 2023b). Environmental Baseline Environmental baseline refers to the condition of the listed species or its designated critical habitat in the Action Area, without the consequences to the listed species or designated critical habitat caused by the proposed action. The environmental baseline includes the past and present impacts of all Federal, State, or private actions and other human activities in the Action Area, the anticipated impacts of all proposed Federal projects in the Action Area that have already undergone formal or early section 7 consultation, and the impact of State or private actions which are contemporaneous with the consultation in process. The impacts to listed species or designated critical habitat from ongoing Federal agency activities or existing Federal agency facilities that are not within the agency's discretion to modify are part of the Environmental Baseline. Document Accession #: 20250814-5002 Filed Date: 08/14/2025 Debbie-Anne Reese, Secretary 9 Previous Consultations in the Action Area The Service issued an informal consultation for the 2025 DeSabla-Centerville Minimum Instream Flow Variance for the DeSabla-Centerville Hydroelectric Project on July 3, 2025 (ECOSphere #2025-0108199). The Service concluded that the proposed minimum instream flow variance may affect, but is not likely to adversely affect, the FYLF and its critical habitat and the NWPT. Foothill Yellow-Legged Frog The West Branch Feather River where the Action Area is located supports nearby robust populations of FYLF. There are five California Natural Diversity Database (CNDDB) occurrences of FYLF that were detected within 1.5 miles of the Action Area in 2018 (Occurrences #6, 7, 8, 10, & 15). Observations included adults, juveniles, and egg masses, all made in tributaries (Last Chance Creek, Cold Creek, and in an unnamed tributary) to the West Branch Feather River. Visual encounter surveys for egg masses, tadpoles, and post-metamorphic FYLF were performed in the West Branch Feather River as part of the FERC Project #803 relicensing in 2006. As adjacent land along the West Branch Feather River is privately owned (and permission was not granted in 2006), surveys were performed in nine reaches of the West Branch Feather River located on National Forest Land and Bureau of Land Management Land upstream and downstream of the project. In 2025, PG&E began conducting FYLF surveys on Butte Creek and the West Branch Feather River to evaluate the condition of the species in the watershed following the Butte Canal breach in August of 2023. PG&E revisited 2 known FYLF occurrence locations on the West Branch Feather River located approximately 7 miles southeast of the Action Area and found tadpoles and frogs at these locations (A. Herman, personal communication, July 14, 2025). Habitat in the Action Area is similar to nearby areas where FYLF have been observed; however, there is a lack of canopy cover in the Action Area. Intermittent canopy (20 to 90 percent shade) is considered an important habitat requirement for the species because it provides opportunities for thermoregulation of mobile life stages (Service 2023a). Northwestern Pond Turtle Northwestern pond turtles are semi-aquatic turtles that can potentially occur in suitable habitat throughout the Action Area, including the river channel and banks. The nearest CNDDB occurrence of NWPT (#1226) is located 10 miles west of the Action Area in Big Chico Creek (CDFW 2025). Although there are no CNDDB occurrences near the Action Area and 2006 relicensing surveys did not detect the species, the Action Area is within the species’ range and could potentially occur. Suitable habitat occurs adjacent to the construction area: turtles could potentially bask on the dam, forage in the adjacent aquatic areas, and nest in some of the associated terrestrial areas around the staging areas and footpath. Document Accession #: 20250814-5002 Filed Date: 08/14/2025 Debbie-Anne Reese, Secretary 10 Effects of the Proposed Action Effects of the action are all consequences to listed species or critical habitat that are caused by the proposed action, including the consequences of other activities that are caused by the proposed action but that are not part of the action. A consequence is caused by the proposed action if it would not occur but for the proposed action and it is reasonably certain to occur. Effects of the action may occur later in time and may include consequences occurring outside the immediate area involved in the action. Foothill Yellow-Legged Frog While the Action Area does not provide suitable breeding habitat for the FYLF during the proposed construction period due to project timing and lack of canopy cover, it lies proximal to known occupied habitat and is within the dispersal range of the species. The primary potential direct effect of the project would be the loss of dispersing individuals through project-related effects (crushing, entrapment, etc.). With the included conservation measures, this impact would be limited to the relocation (harassment) of any individuals found on site to areas of suitable habitat off-site by qualified biologists. Qualified biologists will ensure individuals relocated are moved using the least impactful method available and away from suitable habitat for the least amount of time possible. Although parts of the Action Area contain suitable FYLF habitat, the concrete structures and roads where project work will occur does not support suitable habitat for the species and there will be no direct effect on FYLF habitat from project activities. Northwestern Pond Turtle The Action Area may provide suitable aestivation, nesting, and basking habitat for the NWPT. Work at the dam will involve hand tools and a small generator and/or compressor. This equipment is not likely to create excessive amounts of noise and thus would not create significant disturbance. The primary potential direct effect of the project would be the loss of dispersing individuals through project-related effects (crushing, entrapment, etc.). With the included conservation measures, this impact would be limited to the relocation (harassment) of any individuals found on site to areas of suitable habitat off-site by qualified biologists. Qualified biologists will ensure individuals relocated are moved using the least impactful method available and away from suitable habitat for the least amount of time possible. Nests immediately adjacent to the staging area could potentially be crushed and killed by equipment and machinery. PG&E has proposed to conduct preconstruction surveys for nests in this area. Nest surveys generally detect predated nests, as the active nests usually are undetectable to human surveyors; however, should a predated nest be detected, it could mean other active nests remain in the area. Impacts to nests in this area are anticipated to be minimized through the restriction of vehicles and other heavy equipment to previously disturbed and/or hardscaped areas; by not allowing them to leave the boundary of the staging area to encroach onto the adjacent terrestrial habitat; and by placing buffers around the adjacent suitable nesting habitat, should a predated or active nest be detected at any time during surveys or project implementation. Document Accession #: 20250814-5002 Filed Date: 08/14/2025 Debbie-Anne Reese, Secretary 11 Cumulative Effects Cumulative effects include the effects of future State, Tribal, local, or private actions that are reasonably certain to occur in the Action Area considered in this biological and conference opinion. Future Federal actions that are unrelated to the proposed action are not considered in this section because they require separate consultation pursuant to section 7 of the Act. During this consultation, the Service did not identify any future non-federal actions that are reasonably certain to occur in the Action Area of the proposed project. Conclusion After reviewing the current Status of Species for the FYLF and NWPT, the Environmental Baseline for the Action Area, the Effects of the Proposed Action, and the Cumulative Effects, it is the Service’s biological and conference opinion that the Hendricks Head Dam Project, as proposed, is not likely to jeopardize the continued existence of the FYLF or NWPT. The Service reached this conclusion because the project-related effects to the species, when added to the environmental baseline and analyzed in consideration of all potential cumulative effects, will not rise to the level of precluding recovery or reducing the likelihood of survival of the species based on the following: (1) PG&E proposed conservation measures that will minimize potential effects to the species; (2) PG&E coordinated closely with the Service in 2024 and 2025 to ensure project activities were conducted in the least harmful manner practicable; (3) project activities will not cause adverse effects to listed species habitat, critical or otherwise; and (4) the magnitude, scope, and timing of the proposed action. INCIDENTAL TAKE STATEMENT 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. Harm in the definition of “take” in the Act means an act which actually kills or injures wildlife. Such [an] act may include significant habitat modification or degradation where it actually kills or injures wildlife by significantly impairing essential behavioral patterns, including breeding, feeding, or sheltering (50 CFR 17.3). Under the terms of section 7(b)(4) and section 7(o)(2), taking that is incidental to and not the purpose of the agency action is not considered to be prohibited taking under the Act provided that such taking is in compliance with the proposed protective measures and the terms and conditions of an incidental take statement and occurs as a result of the action as proposed. The measures described below are non-discretionary and must be undertaken by FERC 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. FERC has a continuing duty to regulate the activity covered by this incidental take statement. If FERC (1) fails to assume and implement the terms and conditions or (2) fails to require the applicant 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 Document Accession #: 20250814-5002 Filed Date: 08/14/2025 Debbie-Anne Reese, Secretary 12 incidental take, PG&E must report the progress of the action and its impact on the species to the Service as specified in the incidental take statement [50 CFR §402.14(i)(4)]. The prohibitions against taking the NWPT found in section 9 of the Act do not apply until the species is listed. However, the Service advises PG&E to consider implementing the following Reasonable and Prudent Measures. If this conference opinion is adopted as a biological opinion following a listing, the Reasonable and Prudent Measures, with their implementing Terms and Conditions, will be non-discretionary. Amount or Extent of Take Foothill Yellow-Legged Frog The Service anticipates that incidental take of the frog will be difficult to detect due to this species’ life history and ecology. Frogs are difficult to observe due to their size, cryptic coloring, and complexity of their habitat. However, given the timing of the project, lack of cover, presence of a biological monitor, and environmental training to project personnel, the Service believes it likely most, if not all, FYLF individuals will be detectable by PG&E prior to being harmed. There is a risk of harm, harassment, and injury as a result of the proposed capture and relocation efforts; therefore, the Service anticipates that all FYLF within the Action Area will be subject to incidental take in the form of non-lethal harm and harassment. The Service does not anticipate any lethal take of FYLF as a result of this project. Northwestern Pond Turtle The Service anticipates that incidental take of the NWPT will be difficult to detect due to this species’ life history and ecology. NWPT can be difficult to observe due to their sheltering behaviors, which involve aestivation and brumation for significant time periods throughout the year. However, given the timing of the project, lack of cover, presence of a biological monitor, restrictions on activities associated with the staging area, and environmental training to project personnel, the Service believes it likely most, if not all, NWPT individuals will be detectable by PG&E prior to being harmed. There is a risk of harm, harassment, and injury as a result of the proposed capture and relocation efforts; therefore, the Service anticipates that all NWPT within the Action Area will be subject to incidental take in the form of non-lethal harm and harassment. The Service does not anticipate any lethal take of NWPT as a result of this project. Upon implementation of the following reasonable and prudent measures, incidental take of FYLF and NWPT associated with the Hendricks Head Dam Repair Project will become exempt from the prohibitions described in section 9 of the Act. No other forms of take are exempted under this opinion. Effect of the Take In the accompanying biological and conference opinion, the Service 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. Document Accession #: 20250814-5002 Filed Date: 08/14/2025 Debbie-Anne Reese, Secretary 13 Reasonable and Prudent Measures All necessary and appropriate measures to avoid or minimize effects on the FYLF and NWPT resulting from implementation of this project have been incorporated into the project’s proposed conservation measures. Therefore, the Service believes the following reasonable and prudent measure is necessary and appropriate to minimize incidental take of the FYLF and NWPT: 1. All conservation measures, as described in the biological assessment and restated here in the Project Description section of this biological and conference opinion, shall be fully implemented and adhered to. Further, this reasonable and prudent measure shall be supplemented by the terms and conditions below. Terms and Conditions In order to be exempt from the prohibitions of section 9 of the Act, the FERC must ensure compliance with the following terms and conditions, which implement the reasonable and prudent measure described above. These term and condition is nondiscretionary. 1. Term and Condition 1 implements Reasonable and Prudent Measure 1: a. FERC shall include full implementation and adherence to the conservation measures as a condition of any permit or contract issued for the project. b. FERC shall require that all personnel associated with this project are made aware of the conservation measures and the responsibility to implement them fully. c. PG&E (and FERC, where applicable) shall contact the Assistant Field Supervisor of the San Francisco Bay-Delta Fish and Wildlife Office at (916) 930-2658 within three working days to report direct encounters between listed species and project workers and their equipment whereby incidental take in the form of harassment, harm, or injury occurs. Due to the lack of cellular signal within the river canyon and associated delays, the Service allows three days for reporting instead of our typical one day. When injured or killed individuals of the listed species are found, PG&E shall follow the steps outlined in the Salvage and Disposition of Individuals section below. For those components of the action that will require the capture and relocation of any listed species, PG&E shall contact the San Francisco Bay-Delta Fish and Wildlife Office at (916) 930-2658 within three working days to report the action. Salvage and Disposition of Individuals: Injured listed species must be cared for by a licensed veterinarian or other qualified person(s), such as the Service-approved biologist. Dead individuals must be sealed in a resealable plastic bag containing a paper with the date and time when the animal was found, the location where it was found, and the name of the person who found it, and the bag containing the specimen frozen in a freezer located in a secure site, until instruction s are received from the Service regarding the disposition of the dead specimen. The Service contact person is the FERC Coordinator at the San Francisco Bay-Delta Fish and Wildlife Office at (916) 930-2658. Document Accession #: 20250814-5002 Filed Date: 08/14/2025 Debbie-Anne Reese, Secretary 14 CONSERVATION RECOMMENDATIONS Section 7(a)(1) of the Act directs Federal agencies to utilize their authorities to further the purposes of the Act by carrying out conservation programs for the benefit of endangered and threatened species. Conservation recommendations are discretionary agency activities to minimize or avoid adverse effects of a proposed action on listed species or critical habitat, to help implement recovery plans, or to develop information. The Service recommends the following actions: 1. Continue to work closely with the Service to determine the best applicable management for the FYLF and NWPT within the project area, including protective ramping rates and other measures that reduce impacts to various life stages of the species from implementation of the DeSabla-Centerville Hydroelectric Project. 2. Sightings of any listed or sensitive species should be reported to California Department of Fish and Wildlife’s CNDDB. A copy of the reporting form and a topographic map clearly marked with the location where the individuals were observed should be provided to the Service. In order for the Service to be kept informed of actions minimizing or avoiding adverse effects or benefiting listed species or their habitats, the Service requests notification of the implementation of any conservation recommendations. REINITIATION—CLOSING STATEMENT This concludes formal consultation and conference on the Hendricks Head Dam Repair Project. You may ask the Service to confirm the conference concurrence as a consultation concurrence, issued through informal consultation, if the action hasn't occurred yet or is ongoing when, and if, the FYLF critical habitat is designated and/or the CSO listed. You may ask the Service to confirm the conference opinion as a biological opinion, issued through formal consultation, if the action hasn't occurred yet or is ongoing when, and if, the NWPT is listed. The request must be in writing. If you determine that the proposed Project has not changed and the Service finds that there have been no significant changes in the action as planned or in the information used during the conference, the Service will confirm the conference concurrence as the consultation concurrence and/or the conference opinion as the biological opinion on the proposed Project and no further section 7 consultation will be necessary. As provided in 50 CFR §402.16, (a) Reinitiation of consultation is required and shall be requested by the Federal agency, 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; Document Accession #: 20250814-5002 Filed Date: 08/14/2025 Debbie-Anne Reese, Secretary 15 (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 and conference 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 biological and conference opinion, please contact Brittany Reaves at brittany_reaves@fws.gov. Sincerely, Donald Ratcliff Field Supervisor 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 #: 20250814-5002 Filed Date: 08/14/2025 Debbie-Anne Reese, Secretary 16 REFERENCES CDFW (California Department of Fish and Wildlife). 2025. California Natural Diversity Database (CNDDB). Periodic publication. Retrieved July 23, 2025. U.S. Fish and Wildlife Service (Service). 2023a. Species status assessment report for the foothill yellow-legged frog (Rana boylii), Version 2.11. April 2023. U.S. Fish and Wildlife Service, Sacramento Fish and Wildlife Office, Sacramento, California. U.S. Fish and Wildlife Service (Service). 2023b. Species status assessment report for the northwestern pond turtle (Actinemys marmorata) and southwestern pond turtle (Actinemys pallida), Version 1.1, April 2023. U.S. Fish and Wildlife Service, Ventura Fish and Wildlife Office, Ventura, California. U.S. Fish and Wildlife Service (Service). 2024. Project Effects Determination Guidance and Conservation Measure Recommendations for Management Actions Affecting Western Pond Turtles (Actinemys marmorata, Actinemys pallida). U.S. Fish and Wildlife Service, Regions 1 and 8. Final Draft – Version 1. December 20, 2024. Document Accession #: 20250814-5002 Filed Date: 08/14/2025 Document Content(s) USFWS_BO_DeSabla_Hendricks_P803_signed.pdf................................1 Document Accession #: 20250814-5002 Filed Date: 08/14/2025