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HomeMy WebLinkAbout06.18.2024 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:Tuesday, June 18, 2024 1:47:36 PM Please see Board Correspondence - -----Original Message----- From: 'FERC eSubscription' <eSubscription@ferc.gov> Sent: Tuesday, June 18, 2024 5:55 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 6/18/2024, 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 License Condition No. 3 Report re 2024 Annual Consultation with the U.S. Department of Agriculture and Forest Service on 03/25/2024 re the Poe Hydroelectric Project under P-2107. 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Box 28209 Oakland, CA 94604 June 17, 2024 Via Electronic Submittal (E-File) Debbie-Anne Reese, Acting Secretary Federal Energy Regulatory Commission 888 First Street, NE Washington, DC 20426 RE: Poe Hydroelectric Project, FERC No. 2107-CA License Condition No. 3 – 2024 Annual Consultation with the United States Department of Agriculture, Forest Service Dear Acting Secretary Reese: This letter presents the 2024 Final Condition No. 3 Report for Pacific Gas and Electric Company’s (PG&E) Poe Hydroelectric Project, Federal Energy Regulatory Commission (FERC) No. 2107. FERC issued the license for the continued operation of this project on December 17, 2018. Pursuant to the United States Department of Agriculture, Forest Service (Forest Service), 4(e) Condition No. 3. PG&E met with the Forest Service on March 25, 2024, to consult on measures needed to ensure protection and utilization of the National Forest resources affected by the Poe Hydroelectric Project. A Draft Condition No. 3 Report was sent to the Forest Service on March 19, 2024, for review and comment. PG&E received no comments and submitted the final report to the Forest Service on June 17, 2024. Evidence of the consultation was not filed within the 60 days of the annual meeting due to a clerical error. The filing date has been updated within PG&E’s work management software to prevent this issue going forward. The Final Condition No. 3 Report, dated March 25, 2024, is provided as Enclosure 1. Documentation of consultation with the Forest Service is provided as Enclosure 2. 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 Enclosures: 1) Final Condition No. 3 Report, dated March 25, 2024 2) Documentation of Consultation Document Accession #: 20240618-5020 Filed Date: 06/18/2024 ENCLOSURE 1 Document Accession #: 20240618-5020 Filed Date: 06/18/2024 PACIFIC GAS AND ELECTRIC COMPANY Poe Hydroelectric Project FERC Project No. 2107 Final Condition No. 3 Report Summary of Consultation with the Forest Service to Ensure Protection and Utilization of National Forest Resources March 25, 2024 Document Accession #: 20240618-5020 Filed Date: 06/18/2024 Poe Hydroelectric Project FERC Project No. 2107 Condition No. 3 Report Summary of Consultation with the Forest Service to Ensure Protection and Utilization of National Forest Resources March 25, 2024 ©2024, Pacific Gas and Electric Company Document Accession #: 20240618-5020 Filed Date: 06/18/2024 Poe Hydroelectric Project, FERC Project No. 2107 Table of Contents Table of Contents ............................................................................................................ 3 Introduction ..................................................................................................................... 5 Ongoing Measures .......................................................................................................... 7 Condition No. 10: Water Temperature Monitoring ....................................................... 7 Condition No. 11: Riparian Monitoring ......................................................................... 7 Condition No. 23: Streamflow ...................................................................................... 8 Condition No. 24: Recreation River Flow Management ............................................... 9 Condition No. 25: Poe Reach Biological Monitoring ................................................... 10 Condition No. 35: Bald Eagle Management Plan ....................................................... 11 Condition No. 26: Recreation Plan ............................................................................. 12 Condition No. 30: Revegetation of the Bardees Bar Tunnel Spoil Pile ....................... 12 Condition No. 31: Heritage Resources ....................................................................... 12 Condition No. 32: Special Status Species .................................................................. 13 Conditional Measures .................................................................................................... 14 Condition No. 5: Hazardous Substance Plan ............................................................. 14 Condition No. 2: Approval of Changes ....................................................................... 15 Condition No. 11: Safety during Project Construction Plan ........................................ 15 Condition No. 12: Pesticide Use Restrictions on National Forest System Lands ....... 15 Condition No. 13: Erosion Control Measures Plan ..................................................... 15 Condition No. 22: Signs ............................................................................................. 16 Condition No. 23: Streamflow .................................................................................... 16 Condition No. 33: Protection of Forest Service Special Status Species ..................... 17 Condition No. 36: Land Management and Visual Resource Protection ..................... 17 2023 Construction Projects ........................................................................................... 17 Pending Measures .......................................................... Error! Bookmark not defined. Condition No. 7: Fire Prevention, Response, and Investigation Plan . Error! Bookmark not defined. Condition Nos. 29 and 34: Integrative Vegetation Management Plan Error! Bookmark not defined. Condition No. 37: Road Management Plan .................. Error! Bookmark not defined. Completed Measures .................................................................................................... 18 Document Accession #: 20240618-5020 Filed Date: 06/18/2024 Poe Hydroelectric Project, FERC Project No. 2107 Condition No. 26: Poe Interagency Recreation River Flow Management Plan MOU . 18 Condition No. 28: River Flow Information .................................................................. 18 Appendix A – Management Plans Status ...................................................................... 18 Appendix B – Meeting Attendance ............................................................................... 20 Document Accession #: 20240618-5020 Filed Date: 06/18/2024 Poe Hydroelectric Project, FERC Project No. 2107 Introduction This report satisfies the annual consultation requirement between Pacific Gas and Electric Company (PG&E, or Licensee) and the United States Department of Agriculture, Forest Service, Plumas National Forest (Forest Service) on measures to ensure the protection and utilization of National Forest resources affected by the Poe Hydroelectric Project, Federal Energy Regulatory Commission (FERC) No. 2107. Forest Service 4(e) Condition No. 3: Consultation states, Each year between March 15 and April 15, the Licensee shall consult with the Forest Service with regard to measures needed to ensure protection and utilization of the National Forest resources affected by the Project. Within 60 days following such consultation, the Licensee shall file with the Commission evidence of the consultation with any recommendations made by the Forest Service. Generally, measures to ensure the protection and utilization of National Forest Resources affected by the Poe Project are required either by the license or management plans. In this report, these requirements and commitments have been organized into four sections: ongoing measures, conditional measures, completed measures, and 2024 construction work. PG&E and the Forest Service met on March 25, 2024, to discuss this report. Document Accession #: 20240618-5020 Filed Date: 06/18/2024 Poe Hydroelectric Project, FERC Project No. 2107 Figure 1 – Project Map Document Accession #: 20240618-5020 Filed Date: 06/18/2024 Poe Hydroelectric Project, FERC Project No. 2107 Ongoing Measures This section contains License Conditions that PG&E are currently implementing or PG&E and the Forest Service, are required to discuss during the annual consultation as outlined in the license or management plans. Condition No. 7: Fire Prevention, Response, and Investigation Plan Actions completed in 2023: Fire prevention and response plan was approved by FERC on November 11, 2023. Proposed actions for 2024: PG&E will implement the Fire Prevention, Response, and Investigation, and Fuel Treatment Plan after FERC approval. Condition No. 10: Water Temperature Monitoring Actions completed in 2023: Water Temperature was monitored at the six sites identified in the Poe Water Temperature Monitoring Plan (2019). The monitored extended from April through October 2023. The data collected was processed as required in the monitoring plan and is documented in the 2023 Annual Data Report. Proposed actions for 2024: Following the 3-year monitoring report and consultation, as outlined in the Water Temperature Monitoring Plan, PG&E requested permission from the USDA Forest Service and CDFW to remove three of the six monitoring stations. Permission was granted for two stations. As such, 2024 onwards water temperature monitoring will be monitored at four locations along the Poe Bypass Reach. Condition No. 11: Riparian Monitoring Proposed revision from November 15, 2021, letter to Forest Service: This plan requires PG&E to assess the potential changes in riparian vegetation in response to flows and evaluate trends over time. Monitoring will occur every 10 years. Currently, the plan allows PG&E to reduce flow in years where fish and BMI monitoring occur at the same time; however, over the life of the license, there will be instances when riparian monitoring occurs independently. In these years, PG&E requests approval to modify stream flows consistent with the Fish and BMI Plan. Actions completed in 2023: No actions conducted in 2023. The Forest Service and SWRCB provided concurrence on a revised plan. PG&E filed the revised plan with FERC on September 23, 2022. Approval from FERC was received on October 28, 2022. Document Accession #: 20240618-5020 Filed Date: 06/18/2024 Poe Hydroelectric Project, FERC Project No. 2107 Proposed actions for 2024: No actions planned for 2024. If the high flow trigger is met, riparian monitoring would be conducted in the summer/fall 2024. PG&E does not anticipate the high flow trigger being met in 2024. Condition No. 23: Streamflow Part 3. Sediment Management in the North Fork Feather River Actions completed in 2023: PG&E completed baseline sediment monitoring in 2023. Proposed actions for 2024: No actions planned for 2024. Pursuant to the Poe Sediment Monitoring Plan, after the baseline has been established, sediment monitoring will be conducted every 10 years (i.e. 2028) or if flows measured at NF-23 does not exceed 2,000 cfs. In 2024, we have exceeded the 2,000 cfs trigger. Part 4. Streamflow Measurement Actions completed in 2023: The 2023 Draft Streamflow Data Report was sent to the Forest Service February 1, 2024. Proposed actions for 2024: Forest Service has not provided comments. If PG&E does not receive any comments by April 1, 2024, then PG&E will distribute finalize the report and distribute it. Part 5. Ramping Rates Actions completed in 2023: The Long-Term Ramping Rates Plan was developed in consultation with the Forest Service (approved the plan June 7, 2021) and State Water resources control board (approved the plan August 5, 2021). PG&E filed the final Long Term Ramping Rates Plan with FERC on June 30, 2021. On March 27, 2023, the Poe Long Term Ramping Rates Plan was approved by FERC. The 2023 Spill Recession Report was provided to the Agencies via email on November 15, 2023. Proposed actions for 2024: PG&E will continue to implement the Long-Term Ramping Rate Plan as written. Document Accession #: 20240618-5020 Filed Date: 06/18/2024 Poe Hydroelectric Project, FERC Project No. 2107 Part 6. Tributary Access Actions completed in 2023: The second year of monitoring was completed in 2023. Mill and Flea Valley creeks were surveyed on April 24, June 6, August 10, and October 17. The March sampling was delayed to April after a number of heavy rain events prohibited safe access and use of the drone. All other sampling events occurred on schedule. Due to a temporary variance approved by FERC on July 28, 2023, flows during August were below minimum instream flow (MIF) requirements (actual flow 369 cfs, MIF 500). As part of this FERC variance, PG&E is required to do another full year of Tributary Access Monitoring. Proposed actions for 2024: On February 21, 2024, PG&E and agencies consulted with agencies on planning the conditions of the last third year. In consultation, PG&E and agencies concluded that the third year would occur in a critical dry year to capture the full range of MIF. This would keep the schedule consistent with the Plan. No sampling is scheduled to occur in 2024 as it is not forecasted as a critically dry year. PG&E will consult with agencies in January of 2025 to discuss the outlook of a critically dry year in 2025 to complete monitoring. Condition No. 24: Recreation River Flow Management Plan Requirement: To meet the Forest Service consultation requirements in Condition No. 24, Part 2, the [proposed recreation release schedule] schedule will be discussed during the annual consultation with the Forest Service (required under Section 4(e) Condition No. 3). Actions completed in 2023: Water Year 2023 was classified as Wet. Per the Recreation Management Plan, In normal and wet water years, scheduled boating flows will be provided the second and fourth weekend in October between the hours of 9am and 3pm. The releases will be 1,400 cfs on Saturday and 1,400 cfs on Sunday. However, due to a forced outage at Belden Powerhouse combined with restricted flows past road repairs and channel restoration in the Belden reach, PG&E submitted a request, which was approved by SWRCB, Forest Service, and RTRG, that the recreation flows be held in November instead. The recreation flows were successfully held Nov. 18-19, 2023, and Nov. 25-26, 2023. Proposed actions for 2024: As of the March Bulletin-120 forecast, the 2024 Water Year type is currently classified as Normal. Per the Recreation Management Plan, Document Accession #: 20240618-5020 Filed Date: 06/18/2024 Poe Hydroelectric Project, FERC Project No. 2107 In normal and wet water years, scheduled boating flows will be provided the second and fourth weekend in October between the hours of 9am and 3pm. The releases will be 1,400 cfs on Saturday and 1,400 cfs on Sunday. Based on the current Water Year Type classification, PG&E anticipates providing two recreation flows in October 2024. However, both Poe units are scheduled go out on extended outages in October 2024 (returning spring 2025). Poe unit 1 is scheduled go out Oct. 2, 2024, and unit 2 is scheduled to go out Oct. 15, 2024. PG&E proposes holding the recreation flows the first two weekends of October (Oct. 5-6 and Oct. 12-13) while one Poe unit is still online to support managing flows. Condition No. 25: Poe Reach Biological Monitoring Fish and BMI Monitoring Plan Actions completed in 2023: In 2023, BMI sampling occurred September 19-20, and Fish sampling occurred September 21-23. Data was collected at all sites in the bypass reach. BMI reference samples were collected at Yellow Creek and East Branch site. No sample collected at Milsap Bar due to standing hazard trees. During the 2022 BMI sampling, CDFW audited the BMI surveys at the Bardees Bar site. The CDFW audit did identify that Targe Riffle Composite (TRC) is not needed if Reach Wide Benthos (RWB) are being collected. As approved by the agencies, TRC samples were not collected in 2023. Proposed actions for 2024: PG&E requested an extension of time to submit the 2023 Fish and BMI report. To process BMI samples, PG&E contracts the Chico State Biolab (lab). Due to circumstances within the lab outside of PG&E’s control, processing BMI samples and entering data in the SWAMP have been delayed. The lab won’t have samples processed until April 15, 2024. Then, they will need time to write the report and PG&E will need time to review it. PG&E respectfully requests until May 15, 2024, to submit the report to the Agencies. The Poe Bypass Reach Fish and BMI Plan requires PG&E to allow the Agencies at least 30 days to review and comment on the report before filing it with FERC. To allow this review time, PG&E will file an extension of time request with FERC to file the report by June 30, 2024. This should allow enough time for a review period and a meeting, if requested. PG&E has submitted a revised Poe Bypass Reach Fish and BMI Plan to the Forest Service’s Forest Supervisor via email on October 31, 2023. PG&E is still waiting for concurrence from the Forest Supervisor. Document Accession #: 20240618-5020 Filed Date: 06/18/2024 Poe Hydroelectric Project, FERC Project No. 2107 PG&E will seek a variance to the Plan to incorporate the following changes: 1) sampling for fish and BMI at the Flea Valley Creek site instead of directly below the dam (as was done in 2022); 2) backpack electrofishing at the Bardees Bar site will be omitted and this site will solely be surveyed with snorkeling (change implemented in 2022); 3) replace reference site at Stag Creek with one at Yellow Creek site (change implemented in 2022) 4) remove collection of TRC BMI samples. The third set of sampling for Block 1 of monitoring was scheduled to occur in 2023; however, FERC Letter dated July 28, 2023 required PG&E to monitor BMI and fish an additional year. PG&E proposed conducting the additional monitoring in 2024. Amphibian Monitoring Plan. Actions completed in 2023: PG&E performed monitoring for foothill yellow-legged frog in 2023. Monitoring included egg mass surveys and three reach-wide surveys in August, September, and October. Assessments of potential breeding habitat identified outside of designated breeding sites, were scheduled to be conducted as a separate reach- wide survey during the spring breeding period, but high flows precluded safe access. Following an August MIF variance, flow levels were far below the license baseflow schedule and habitat assessments – meant to describe any potential new habitat found at new higher base flows – were postponed to a later year when compatible habitat conditions would be present. PG&E submitted the draft 2023 foothill yellow-legged frog monitoring report to the Forest Service on March 15, 2024 for 60-day review, and will file with FERC by May 31, 2023. Proposed actions for 2024: PG&E will continue foothill yellow-legged frog monitoring and complete habitat assessments, in accordance with the Amphibian Monitoring Plan, in 2024. Condition No. 35: Bald Eagle Management Plan Actions completed in 2023: PG&E received FERC approval of the Bald Eagle Management Plan on January 10, 2023. Bald eagle monitoring was conducted on April 6, May 3, and June 13, 2023. There was no nesting observed. Proposed actions for 2024: PG&E will implement the Bald Eagle Management Plan and conduct the next bald eagle surveys in 2026. Document Accession #: 20240618-5020 Filed Date: 06/18/2024 Poe Hydroelectric Project, FERC Project No. 2107 Condition No. 26: Recreation Plan Plan Requirement: For the facilities on Forest Service land, the results of the annual inspection will also be included in the annual Condition No. 3 Forest Service meeting. If observations are made that indicate heavy maintenance or operational changes are needed in order to maintain site integrity, stakeholder consultation will be completed prior to implementation. Actions completed in 2023: Sandy Beach and Poe Beach are the two recreation sites located on federal lands and required in Forest Service Condition No. 26. Poe Beach Trail Recreation Enhancement was completed in 2022. The Final Construction Report was filed with FERC August 12, 2022. Sandy Beach 30% design was shared with the Forest Service on June 15, 2022 and re-sent on April 05, 2023. The 60% design was shared with the Forest Service on April 06, 2023. No comments on the 30% or 60% design were provided. The 90% design was shared with the Forest Service on July 13, 2023. Forest Service comments were received August 03, 2023. Proposed actions for 2024: PG&E will continue working towards finalizing design, developing the project description, and obtaining necessary authorizations for the improvements identified in the Recreation Management Plan. More information on construction can be found in the conditional measures section below under the section titled “2024 Anticipated Construction Projects.” Condition No. 30: Revegetation of the Bardees Bar Tunnel Spoil Pile Actions completed in 2023: PG&E submitted the Poe Bardees Bar Tunnel Spoil Pile Stability and Revegetation Plan to the Forest Service and SWRCB on November 30, 2022. PG&E filed these plans with FERC on January 3, 2023. Proposed actions for 2024: The Forest Service responded with comments on February 15, 2024. PG&E is working to address comments. Condition No. 31: Heritage Resources Actions completed in 2023: On November 4, 2021, PG&E submitted a draft Historic Properties Management Plan (HPMP) to the Forest Service, State Historic Preservation Officer (SHPO), and tribes for concurrent review. On December 12, 2021, PG&E filed the Final Document Accession #: 20240618-5020 Filed Date: 06/18/2024 Poe Hydroelectric Project, FERC Project No. 2107 HPMP for formal FERC and Forest Service approval. After filing for approval, SHPO provided comments. On August 9, 2022, FERC approved the HPMP. The HPMP outlines a number of annual requirements, including annual training of internal staff, an annual report, and an annual meeting with the parties identified in the HPMP. Annual training on the HPMP requirements was provided to internal staff on April 20, 2023, in accordance with Section 6.6. As required by Section 6.5 of the HPMP, PG&E submitted the draft annual report to the parties identified in the HPMP on July 25, 2023. The annual report summarized the progress made implementing the HPMP during the previous year (August 9, 2022 -July 25, 2023), including discussion of the pertinent requirements of the HPMP and the progress made to-date on each item. The annual meeting was held virtually on August 8, 2023, and the finalized Annual Report was provided to the parties on August 30, 2023. Proposed actions for 2024: PG&E will continue to implement the HPMP in 2024, which is characterized by training personnel, project reviews, holding an annual meeting, and preparing an HPMP Implementation Annual Report. The annual training was completed on February 15, 2024, and the annual reporting will follow the schedule outlined in Section 6.5 of the HPMP. Section 6.4.11 of the HPMP includes a monitoring and site condition assessment (SCA) program based on project operations and activities, which will occur at an interval of no less than every two years for all NRHP- eligible and unevaluated sites, as well as those sites pending NRHP determinations. The SCA program began in the Fall of 2023 and will continue in Spring 2024. The results will be included in the 2024 Annual Report. Condition No. 32: Special Status Species Actions that occurred in 2023: PG&E has reviewed the current lists (Federal Endangered and Threatened, Forest Service Sensitive, Plumas National Forest Watch lists) of special status plant and wildlife species. The United States Fish and Wildlife Service proposed listing FYLF as threatened on December 28, 2021, and the Feather River Clade were listed as federally threated on August 29, 2023. Currently there is no observations related to the other species of concern that PG&E has collected. Document Accession #: 20240618-5020 Filed Date: 06/18/2024 Poe Hydroelectric Project, FERC Project No. 2107 Condition Nos. 29 and 34: Integrated Vegetation Management Plan Actions completed in 2023: PG&E received FERC approval of the Integrated Vegetation Management Plan on November 2, 2023. No actions were conducted in 2023. Proposed actions for 2024: PG&E will conduct comprehensive botanical surveys for rare plants and invasive weeds in 2024. Condition No. 37: Road Management Plan Actions completed in 2023: Road Management Plan approved by FERC on May 5, 2023. Proposed actions for 2023: PG&E will implement the Fire Prevention, Response, and Investigation, and Fuel Treatment Plan after FERC approval. Conditional Measures Conditional measures are actions PG&E, or the Forest Service, will take when triggers are met as outlined in the license or management plans. If conditional measures were triggered in 2023, they are discussed in the following sections. Condition No. 5: Hazardous Substance Plan Plan Requirement: Each year during the term of the License, the Licensee shall annually consult with the Forest Service to discuss hazardous materials on NFS land within the FERC Project Boundary. At this time, the Licensee will report on spills of hazardous materials on NFS land in the previous calendar year, if any, and list any work planned on NFS land in the upcoming calendar year that will require the development of a project-specific spill prevention and control plan. This meeting is intended to occur as part of the Annual Forest Service Consultation, Condition No. 3. The Licensee will maintain a record of the meeting for inspection by FERC. Actions completed in 2023: In 2023, no hazardous materials were spilled on National Forest Service lands. Document Accession #: 20240618-5020 Filed Date: 06/18/2024 Poe Hydroelectric Project, FERC Project No. 2107 Proposed actions for 2024: The plan will continue to be implemented as written. More information on specific proposed construction projects can be found in the section titled ”2023 Anticipated Construction Projects” under the Conditional Measures section. Condition No. 2: Approval of Changes License Requirement: Notwithstanding any license authorization to make changes to the project, when such changes directly affect National Forest System lands the Licensee shall obtain written approval from the 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. Condition No. 11: Safety during Project Construction Plan License Requirement: Sixty days prior to ground-disturbing activity related to new Project construction on or affecting National Forest System lands, the Licensee shall file with the Commission a Safety During Construction Plan approved by the Forest Service that identifies potential hazard areas and measures necessary to protect public safety. Areas to consider include construction activities near public roads, trails and recreation areas and facilities. Condition No. 12: Pesticide Use Restrictions on National Forest System Lands License Requirement: Pesticides may not be used to control undesirable woody and herbaceous vegetation, aquatic plants, insects, and rodents, undesirable fish, or other pests on National Forest System lands without the prior written approval of the Forest Service. The Licensee shall submit a request for approval of planned uses of pesticides. The request must cover annual planned use and be updated as required by the Forest Service. The Licensee shall provide information essential for review in the form specified. Exceptions to this schedule may be allowed only when unexpected outbreaks of pests require control measures that were not anticipated at the time the request was submitted. In such an instance, an emergency request and approval may be made. Condition No. 13: Erosion Control Measures Plan License Requirement: Sixty days prior to beginning any new construction or non-routine maintenance projects with the potential for causing erosion and/or stream sedimentation on or affecting National Forest System lands (including but not limited to planned Document Accession #: 20240618-5020 Filed Date: 06/18/2024 Poe Hydroelectric Project, FERC Project No. 2107 recreation-related construction), the Licensee shall file with the Commission an Erosion Control Measures Plan that is approved by the Forest Service. The Plan shall include measures to control erosion, stream sedimentation, dust, and soil mass movement. Condition No. 22: Signs License Requirement: The Licensee shall consult with the Forest Service prior to erecting signs on National Forest System lands covered by the license. Prior to the Licensee erecting signs or advertising devices on National Forest System lands covered by the license, the Licensee must obtain the written approval of the Forest Service as to location, design, size, color, and message. The Licensee shall be responsible for maintaining all Licensee-erected signs to neat and presentable standards. Condition No. 23: Streamflow Part 1. Minimum Streamflows Actions completed in 2023: Potential Revision: PG&E worked with the Forest Service on revised Part 1. Minimum Streamflow language to improve consistency between Part 1 and other Parts of Condition No. 23: Streamflow. The improved language also eliminates the need for PG&E to submit flow-related variance requests to the Forest Service to facilitate implementation of biological resource monitoring plans, in particular the Poe Bypass Reach Fish and Benthic Macroinvertebrate Plan and Poe Riparian Monitoring Plan. The Forest Service filed a revised 4(e) with FERC on November 16, 2022. Since then, PG&E emailed a letter to the SWRCB on August 8, 2023, and the Forest Service on August 1, 2023, to revise the Project license as specified by the Forest Service on November 16, 2022, and allow for flow reductions for maintenance or repairs of the dam, outlet facilities, and Minimum Instream Flow (MIF) release facilities. PG&E withdrew its amendment application with the Forest Service and SWRCB on December 27, 2023. Proposed actions for 2024: PG&E would still like to revise the Project license to allow for maintenance or repairs of the Project works. PG&E will submit an application to amend the license that includes that element in 2024. PG&E will maintain releases from Poe Dam as outlined in Table A-1. A Poe dual unit outage is scheduled for October 15, 2024 until spring of 2025. This outage will Document Accession #: 20240618-5020 Filed Date: 06/18/2024 Poe Hydroelectric Project, FERC Project No. 2107 not affect minimum instream flow. Flows will be modified as written in various biological plans. Part 2. Discretionary Out of Season Flow Events Below Poe Dam License Requirement: The Licensee shall prepare, maintain, and on an annual basis provide to the Commission, the Forest Service, and other interested governmental agencies, a record of any discretionary out-of-season flow events, identifying the affected reach, hourly discharge, the maximum flow magnitude, dates and duration, and cause of the event. In the event that the flow event potentially causes immediate biological effects, the licensee shall notify the Forest Service within 24 hours. Condition No. 33: Protection of Forest Service Special Status Species License Requirement: Before taking actions to construct new project features on NFS lands that may affect Forest Service special status species (i.e. Forest Service sensitive and/or management indicator species) or their critical habitat, the Licensee 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. Where current information on population occurrence for some species is lacking (e.g. terrestrial mollusks and Pacific fisher) the Licensee shall perform necessary surveys prior to ground-disturbing activities, unless otherwise agreed to by the Forest Service. In coordination with the Commission, the Forest Service may require mitigation measures for the protection of the affected species. Condition No. 36: Land Management and Visual Resource Protection License Requirement: Within 60 days prior to any ground-disturbing activity on National Forest System lands, the Licensee shall file with the Commission a Visual Management Plan approved by the Forest Service. 2024 Construction Projects This section lists the construction projects that PG&E currently anticipates in 2023. PG&E will follow the conditional measures as described in the previous Conditional Measures section, as applicable. In instances where the Forest Service has issued a letter of approval for construction, the applicable license conditions have been satisfied. • Poe Dam Toe Void Project investigative work for temporary access scheduled for 2024 and repairs tentatively scheduled for 2025 pending investigation results, design, and approvals. Document Accession #: 20240618-5020 Filed Date: 06/18/2024 Poe Hydroelectric Project, FERC Project No. 2107 • Poe Dam Survey Bridge construction project anticipated construction in 2024. This project is entirely within the project boundary and won’t impact Forest Service lands. FERC approved this work on February 14, 2024. • Sandy Beach submitted to October 4, 2024, to FERC and the Forest Service. PG&E has not heard back from the Forest Service. FERC responded with designation of PG&E as its non-federal representative to conduct informal consultation with the USFWS. Construction authorization is still pending FERC approval. Completed Measures Completed measures are actions taken or one-time actions to protect National Forest Resources. This format is to facilitate efficient discussion and focus on relevant topics, while not losing what has been done or will be done to ensure the protection and utilization of National Forest resources affected by the Poe Hydroelectric Project. Condition No. 26: Poe Interagency Recreation River Flow Management Plan MOU Actions completed: The Poe Interagency Recreation River Flow Management Plan (PIRRFMP) MOU has been approved and was submitted to FERC on September 29, 2020. The Recreation River Flow Management Plan was approved by FERC on February 28, 2022. Proposed actions: Continue implementing the River Flow Management Plan as approved by FERC. Condition No. 28: River Flow Information Actions completed: PG&E continued to make all streamflow data available to the public, and PG&E submitted the Draft Streamflow Data Report for 2021 on January 24, 2022. Proposed actions: PG&E will continue to make all streamflow data available to the public submit the 2022 Draft Streamflow Data Report by January 31, 2023. Appendix A – Management Plans Status Table 1. Status of Management Plans. The status of approval from the Forest Service or FERC on management plans required by Forest Service 4(e) conditions is represented by listing the date the Forest Service approved a plan, PG&E submitted the plan for FERC approval, FERC approved an extension of time, and FERC approved the plan. The status of pending represents a plan that has been submitted to FERC, but not been approved yet. Blank sections represent that column is not currently applicable. Document Accession #: 20240618-5020 Filed Date: 06/18/2024 Poe Hydroelectric Project, FERC Project No. 2107 Management Plan Forest Service Approval of Plan to FERC for Approval Times (EOT) Approved by FERC Approved Plan Plan Concurrence and - Fish Population Plan - Benthic Approved Observation Program/Plan Approved Program Plan Approved River Enhancement, Request Approved Plan Below Poe Dam - Prepare model - 3/19/2020 Document Accession #: 20240618-5020 Filed Date: 06/18/2024 Poe Hydroelectric Project, FERC Project No. 2107 Bardees Bar Tunnel Spoil Pile Revegetation Plan Request Approved Request Approved Plan Request Approved Concurrence Plan Management Plan 1/6/2020 FERC. Combining Fuel Treatment Appendix B – Meeting Attendance Table 2. Attendance. The attendees name/phone number, time joined, and time left are listed below. In some cases, phone numbers are listed in addition to a participant’s name. Document Accession #: 20240618-5020 Filed Date: 06/18/2024 ENCLOSURE 2 Document Accession #: 20240618-5020 Filed Date: 06/18/2024 From:Ramirez-Doble, Sky To:Obrien, Chris - FS, CA; Doe, Emily - FS; Wendell, Herman -FS; Parker, Alax -FS; Arroyo, JoAnna -FS; Vermillion, Jason -FS; Cisneros, Maria -FS; Brillenz, David B -FS; Davis, Clay R -FS; Cayo, Lori -FS; Brenzovich, Erika -FS; Alvarez, Dawn -FS; Sable, Kurt A -FS; Merwin, Cecily - FS, CA; jacqueline.phipps@usda.gov; loren.everest@usda.gov Cc:Reyes, Catalina; Herman, Andie; Johnson, Shannon; Salve, Rohit; Lent, Michelle; Richards, Kevin; McKay, Jim; Stevens, Kevin; Jukkola, Jeff; McCall, Dan; Riedlinger, Robby; Forrest, Kathleen; McCready, Chadwick; Joseph, Matthew; Visinoni, Jamie; Bennett, Jim; Friedrichs, Luke Subject:RE: 2024 Poe Annual Forest Service Consultation Meeting Date:Tuesday, March 19, 2024 4:24:00 PM Attachments:2024 Poe Forest Service Consultation Cond. No. 3 Report_Draft.docx Classification: Public Hello Forest Service, Attached is the draft Condition No. 3 Report for the Poe Hydroelectric Project, Federal Energy Regulatory Commission No. 2107. PG&E and the Forest Service will review the contents of this report on March 25, 2024. If you have any comments ahead of the meeting, please let me know by the end of the week so I can incorporate them into the presentation. Please reach out if you have any questions. With gratitude, Sky Ramirez-Doble He/Him/His Hydro License Coordinator | Power Generation Pacific Gas & Electric Company c: (530) 250-7002 e: s9rv@pge.com -----Original Appointment----- From: Ramirez-Doble, Sky Sent: Thursday, February 1, 2024 11:45 AM To: Ramirez-Doble, Sky; Obrien, Chris - FS, CA; Doe, Emily - FS; Wendell, Herman -FS; Parker, Alax - FS; Arroyo, JoAnna -FS; Vermillion, Jason -FS; Cisneros, Maria -FS; Brillenz, David B -FS; Davis, Clay R - FS; Cayo, Lori -FS; Brenzovich, Erika -FS; Alvarez, Dawn -FS; Sable, Kurt A -FS; Merwin, Cecily - FS, CA; jacqueline.phipps@usda.gov; loren.everest@usda.gov Cc: Reyes, Catalina; Herman, Andie; Johnson, Shannon; Salve, Rohit; Lent, Michelle; Richards, Kevin; McKay, Jim; Stevens, Kevin; Jukkola, Jeff; McCall, Dan; Riedlinger, Robby; Forrest, Kathleen; McCready, Chadwick; Joseph, Matthew; Visinoni, Jamie; Bennett, Jim; Friedrichs, Luke Subject: 2024 Poe Annual Forest Service Consultation Meeting When: Monday, March 25, 2024 2:00 PM-4:00 PM (UTC-08:00) Pacific Time (US & Canada). Where: Microsoft Teams Meeting Hello, The annual Pacific Gas and Electric Company and Forest Service consultation for the Poe Hydroelectric Project (Federal Energy Regulatory Commission No. 2107) will be held virtually using Teams on March 25, 2024 (see link below). The agenda will be distributed prior to the meeting. This Document Accession #: 20240618-5020 Filed Date: 06/18/2024 consultation is required by Forest Service 4(e) Condition No. 3, attached to the Poe license as Appendix B. Per Forest Service Condition No. 3: Consultation, Each year between March 15 and April 15, the Licensee shall consult with the Forest Service with regard to measures needed to ensure protection and utilization of the National Forest resources affected by the Project. Within 60 days following such consultation, the Licensee shall file with the Commission evidence of the consultation with any recommendations made by the Forest Service. The Forest Service reserves the right, after notice and opportunity for comment, to require changes in the Project and its operation through revision of the 4(e) conditions that require measures necessary to accomplish protection and utilization of National Forest resources. If you have any questions or concerns, please don’t hesitate to reach out. With gratitude, Sky Ramirez-Doble He/Him/His Hydro License Coordinator | Power Generation Pacific Gas & Electric Company c: (530) 250-7002 e: s9rv@pge.com ________________________________________________________________________________ Microsoft Teams meeting Join on your computer, mobile app or room deviceClick here to join the meeting Meeting ID: 243 554 565 828 Passcode: sspYaYDownload Teams | Join on the web Or call in (audio only) +1 415-906-0873,,764186210# United States, San Francisco Phone Conference ID: 764 186 210#Find a local number | Reset PIN Need Help with Teams? Click on the Help option in this invite to connect you directly to our Teams atPG&E Training site! Learn More | Help | Meeting options Document Accession #: 20240618-5020 Filed Date: 06/18/2024 ________________________________________________________________________________ Document Accession #: 20240618-5020 Filed Date: 06/18/2024 Document Content(s) PGE20240617_2107_FS_Annual_Condition3.pdf ................................1 Document Accession #: 20240618-5020 Filed Date: 06/18/2024