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Home My WebLink About06.21.2024 Board Correspondence - FW_ Environmental and Recreational Compliance Report submitted in FERC P-2107-000 by Pacific Gas and Electric Company,et al.From:Clerk of the Board To:Bennett, Robin; Clerk of the Board; Connelly, Bill; Cook, Holly; Cook, Robin; Durfee, Peter; Jessee, Meegan; Kimmelshue, Tod; Kitts, Melissa; Lee, Lewis; Pickett, Andy; Ritter, Tami; Stephens, Brad J.; Sweeney, Kathleen; Teeter, Doug; Zepeda, Elizabeth; Loeser, Kamie Cc:Nevers, Dawn Subject:Board Correspondence - FW: Environmental and Recreational Compliance Report submitted in FERC P-2107-000 by Pacific Gas and Electric Company,et al. Date:Friday, June 21, 2024 5:00:19 PM Please see Board Correspondence - -----Original Message----- From: 'FERC eSubscription' <eSubscription@ferc.gov> Sent: Friday, June 21, 2024 10:55 AM Subject: Environmental and Recreational Compliance Report submitted in FERC P-2107-000 by Pacific Gas and Electric Company,et al. .ATTENTION: This message originated from outside Butte County. Please exercise judgment before opening attachments, clicking on links, or replying.. On 6/21/2024, the following Filing was submitted to the Federal Energy Regulatory Commission (FERC), Washington D.C.: Filer: Pacific Gas and Electric Company PG&E Corporation (as Agent) Docket(s): P-2107-000 Lead Applicant: Pacific Gas and Electric Company Filing Type: Environmental and Recreational Compliance Report Description: Pacific Gas and Electric Company submits California State Water Resource Control Board's letter of conditional concurrence with the Amphibian Monitoring Plan: Year-5 Habitat Assessment re the Poe Hydroelectric Project under P-2107. To view the document for this Filing, click here https://urldefense.com/v3/__https://elibrary.ferc.gov/eLibrary/filelist?accession_num=20240621- 5083__;!!KNMwiTCp4spf!EpaoUh8X1Yjby_Y_pXEuRPBtmEd6tqgYJJzIa1ZA28P7TIfMhYo-cdUULJrLaL592P9Qe161P24P7eUF9OS8DmFR-QOCbhfVoabq$ To modify your subscriptions, click here: cdUULJrLaL592P9Qe161P24P7eUF9OS8DmFR-QOCbvHJBegB$ ------------------------------------------------------------------------ Please do not respond to this email. Online help is available here: https://urldefense.com/v3/__http://www.ferc.gov/efiling-help.asp__;!!KNMwiTCp4spf!EpaoUh8X1Yjby_Y_pXEuRPBtmEd6tqgYJJzIa1ZA28P7TIfMhYo- cdUULJrLaL592P9Qe161P24P7eUF9OS8DmFR-QOCbvVr_kwe$ or for phone support, call 866-208-3676. Power Generation 300 Lakeside Drive Oakland, CA 94612 Mailing Address: P.O. Box 28209 Oakland, CA 94604 June 21, 2024 Via Electronic Submittal (E-File) Debbie-Anne Reese, Acting Secretary Federal Energy Regulatory Commission Division of Hydropower Administration and Compliance 888 First Street, NE Washington, D.C. 20426 RE: Poe Hydroelectric Project, FERC No. 2107-CA Amphibian Monitoring Plan: Year-5 Habitat Assessment SWRCB Conditional Concurrence of Updated Plan and Schedule Dear Acting Secretary Reese: This letter presents the State Water Resource Control Board’s (SWRCB) conditional concurrence of Pacific Gas and Electric Company’s (PG&E) updated Year-5 Habitat Assessment plan and schedule for the Poe Hydroelectric Project, Federal Energy Regulatory Commission (FERC) No. 2107. The Amphibian Monitoring Plan, approved by FERC November 24, 2020, requires PG&E to identify suitable egg-laying and rearing habitat at the end of License Year-2 and again by the end of License Year-5, unless otherwise approved by the SWRCB Deputy Director due to hydrologic conditions. PG&E requested the SWRCB concurrence of an updated plan and schedule to complete the License Year-5 Habitat Assessment on April 29, 2024. The SWRCB provided conditional concurrence on May 29, 2024. Hydrologic conditions in 2023 were not representative of typical Project operations and not conducive to performing the Habitat Assessment, PG&E will complete the assessment in License Year 6 (i.e. 2024) or another year when compatible habitat conditions are present. If PG&E is unable to complete the Habitat Assessment in 2024, PG&E will notify the Deputy Director by November 30, 2024, and provide information supporting why the Habitat Assessment could not be completed in 2024. If the Habitat Assessment is not completed in 2024, PG&E shall conduct the Habitat Assessment in 2025 unless PG&E receives prior approval from the Deputy Director. The SWRCB concurrence letter, dated May 29, 2024, is provided as Enclosure 1. If you have questions or comments regarding this matter, please contact Sky Ramirez-Doble, license coordinator for PG&E, at (530) 250-7002. Sincerely, Jamie Visinoni Senior License Coordinator Enclosure: 1. SWRCB Concurrence, dated May 29, 2024 cc: via email w/enclosure Nathan Fisch, SWRCB – Nathan.Fisch@waterboards.ca.gov Jessica Dyke, SWRCB – Jessica.Dyke@waterboards.ca.gov Document Accession #: 20240621-5083 Filed Date: 06/21/2024 ENCLOSURE 1 Document Accession #: 20240621-5083 Filed Date: 06/21/2024 State Water Resources Control Board May 29, 2024 Mr. Sky Ramirez-Doble Hydro License Coordinator, Power Division Pacific Gas and Electric Company Sent via Email: S9RV@pge.com Poe Hydroelectric Project Federal Energy Regulatory Commission Project No. 2107 Butte County North Fork Feather River APPROVAL OF REVISED 5-YEAR HABITAT ASSESSMENT SCHEDULE IN POE AMPHIBIAN MONITORING PLAN Dear Mr. Ramirez-Doble: On April 29, 2024, the Pacific Gas and Electric Company (PG&E or Licensee) submitted a request to revise the schedule to complete the License Year 5 Suitable Habitat Assessment (Habitat Assessment). The Habitat Assessment is a component of the Amphibian Monitoring Plan (Plan), which is required per Condition 9 (Poe Bypass Reach Biological Monitoring) of the Poe Hydroelectric Project (Project) water quality certification (certification).0F 1 Specifically, the Habitat Assessment schedule is included in the Plan’s methodology. Changes to the Plan must be approved by the State Water Resources Control Board (State Water Board) Deputy Director of the Division of Water Rights (Deputy Director). Background Condition 9 of the Project certification requires PG&E to develop a biological monitoring plan for fish, benthic macroinvertebrates (BMI), and amphibians in consultation with staff from the State Water Board, United States Forest Service, California Department of Fish and Wildlife, and United States Fish and Wildlife Service (collectively the Resource Agencies). During consultation, PG&E and Resource Agencies staff agreed to develop two plans to meet this requirement: (1) Poe Fish and BMI Plan (approved by the Deputy Director on March 6, 2020); and (2) Poe Amphibian Monitoring Plan (approved by the Deputy Director on October 15, 2020). The purpose of the biological monitoring plans is to identify the impact of new license flows on fish, BMI, and 1 The Project certification was issued by the State Water Resources Control Board Executive Director on December 28, 2017. On December 17, 2018, the Federal Energy Regulatory Commission issued a new license to PG&E for the Project. The new license incorporates the Project certification. Document Accession #: 20240621-5083 Filed Date: 06/21/2024 Mr. Ramirez-Doble - 2 - May 29, 2024 amphibian populations in the Project area. The intent of the Poe Amphibian Monitoring Plan is to monitor foothill yellow-legged frogs (FYLFs; Rana boylii), which are listed as threatened under both the federal and California Endangered Species Acts.1F 2 Condition 9 of the Project certification requires PG&E to identify suitable habitat for FYLFs by the end of the second year implementing new license streamflow conditions (License Year 22F 3) and to survey the entire Poe Bypass Reach to identify suitable FYLF breeding habitat during License Year 5. PG&E planned to conduct the Habitat Assessment of the Poe Bypass Reach during License Year 5 (in 2023) but was unable to complete the Habitat Assessment because of abnormally high flows through late June and spill recession flows required by the Project certification that extended into July. A minimum instream flow (MIF) variance for installation of a cofferdam to facilitate recoating and replacement of seals on the Poe Dam radial bypass gate, issued by FERC on July 28, 2023,3F 4 resulted in flows below the MIFs required in the new Project license. Accordingly, PG&E notes that hydrologic conditions in 2023 were not representative of typical Project operations and not conducive to performing the Habitat Assessment. Discussion License Year 5 of the Project began in 2023. Condition 9 of the Project certification states, “Unless otherwise approved by the Deputy Director due to hydrologic conditions, during the fifth year of implementing the new license streamflow conditions, the entire Poe bypass reach shall be surveyed again to identify suitable FYLF egg-laying and rearing habitat” (emphasis added). State Water Board staff noted that PG&E submitted the request to the Deputy Director to delay the License Year 5 Habitat Assessment (scheduled for summer 2023) on April 29, 2024—more than nine months after the MIF variance was issued and five months after the Project certification required completion of the Habitat Assessment. PG&E is reminded that Condition 26 of the certification states that the “State Water Board's approval authority includes the authority to withhold approval or to require modification of a proposal or plan prior to approval. The State Water Board may take enforcement action if the Licensee fails to provide or implement a required plan in a timely manner.” As noted above, Condition 9 of the Project certification allows for the License Year 5 Habitat Assessment to be delayed based on hydrologic conditions if approved by the Deputy Director. State Water Board staff agree that wet hydrologic conditions, along 2 The United States Fish and Wildlife Service determined threatened status for the North Feather and Central Coast distinct population segments of FYLFs, effective September 28, 2023. 3 License Years are defined as the number of years the new streamflow conditions set forth in the Project license are implemented, beginning when the license was issued on December 17, 2018. For example, License Year 2 refers to the second year implementing the new license streamflow conditions (i.e., 2020). 4 The Executive Director issued an amendment to the Project certification for the temporary MIF variance on June 30, 2023. Document Accession #: 20240621-5083 Filed Date: 06/21/2024 Mr. Ramirez-Doble - 3 - May 29, 2024 with the approved MIF variance during summer 2023, support deferring the Habitat Assessment to a year with more representative streamflow conditions. PG&E proposes to complete the Habitat Assessment in a year when compatible habitat conditions are present.4F 5 Approval State Water Board staff reviewed the revised schedule provided by PG&E on April 29, 2024, requesting to implement the Habitat Assessment required by Condition 9 of the Project certification in 2024 (License Year 6) or another year when compatible habitat conditions are present. The revised schedule is hereby approved with the following condition: • If PG&E is unable to complete the Habitat Assessment in 2024, it shall notify the Deputy Director by November 30, 2024, and provide information supporting why the Habitat Assessment could not be completed this year. If the Habitat Assessment is not completed in 2024, PG&E shall conduct the Habitat Assessment in 2025 unless PG&E receives prior approval from the Deputy Director. PG&E shall file this approval with FERC. Any future revisions to the schedule beyond what is approved in the Project certification and this letter shall be submitted to the Deputy Director for review and consideration of approval and shall be approved by the Deputy Director prior to implementation. If you have questions regarding this letter, please contact Jessica Dyke, Project Manager, by email to: Jessica.Dyke@waterboards.ca.gov or by phone call to: (916) 341-5448. Written correspondence or inquiries should be mailed to: State Water Resources Control Board Division of Water Rights – Water Quality Certification Program Attn: Jessica Dyke P.O. Box 2000 Sacramento, CA 95812-2000 Sincerely, Erik Ekdahl, Deputy Director Division of Water Rights 5 In an email dated May 8, 2024, PG&E stated that it intends to complete the Habitat Assessment in License Year 6 (2024) between June and August. Document Accession #: 20240621-5083 Filed Date: 06/21/2024 Mr. Ramirez-Doble - 4 - May 29, 2024 ec: Dawn Alvarez, Regional Hydropower Assistance United States Forest Service Dawn.Alvarez@usda.gov Erika Brenzovich, Recreation & Lands Program Manager United States Forest Service Erika.Brenzovich@usda.gov Leigh Bartoo, Fish and Wildlife Biologist United States Fish and Wildlife Service Aondrea_Bartoo@fws.gov Beth Lawson, Senior Hydraulic Engineer California Department of Fish and Wildlife Beth.Lawson@wildlife.ca.gov Michael Maher, Region 2 FERC Coordinator California Department of Fish and Wildlife Michael.Maher@wildlife.ca.gov Tracey Ferguson, Planning Director Plumas County traceyferguson@countyofplumas.com Kamie Loeser, Director of Water and Resource Conservation Butte County KLoeser@buttecounty.net Dave Steindorf, California Hydropower Specialist American Whitewater Dave@americanwhitewater.org Chris Shutes, FERC Projects Director California Sportfishing Protection Alliance blancapaloma@msn.com Document Accession #: 20240621-5083 Filed Date: 06/21/2024 Document Content(s) PGE20240621_2107_SWRCB_Con_FYLF_5-Year_HA.pdf.............................1 Document Accession #: 20240621-5083 Filed Date: 06/21/2024