The URL can be used to link to this page

Home My WebLink About09.22.25 Board Correspondence - FW_ Government Agency Submittal submitted in FERC P-2107-000 by State Water Resources Control Board (CA)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; Lee, Lewis; Little, Melissa; Pickett, Andy; Ritter, Tami; Stephens, Brad J.; Sweeney, Kathleen; Teeter, Doug; Zepeda, Elizabeth Cc:Loeser, Kamie; Nuzum, Danielle Subject:Board Correspondence - FW: Government Agency Submittal submitted in FERC P-2107-000 by State Water Resources Control Board (CA) Date:Monday, September 22, 2025 8:30:18 AM Please see Board Correspondence - -----Original Message----- From: 'FERC eSubscription' <eSubscription@ferc.gov> Sent: Monday, September 22, 2025 5:35 AM Subject: Government Agency Submittal submitted in FERC P-2107-000 by State Water Resources Control Board (CA) .ATTENTION: This message originated from outside Butte County. Please exercise judgment before opening attachments, clicking on links, or replying.. On 9/22/2025, the following Filing was submitted to the Federal Energy Regulatory Commission (FERC), Washington D.C.: Filer: State Water Resources Control Board (CA) Docket(s): P-2107-000 Lead Applicant: Pacific Gas and Electric Company Filing Type: Government Agency Submittal Other External Submittal Description: California State Water Resources Control Board submits letter to Pacific Gas and Electric Company re the denial of the Bardees Bar Tunnel Spoil Pile Stability and Revegetation Plan 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=20250922-5020__;!!KNMwiTCp4spf!Erd3S6idos- TRgNqfAzT3PdseUmzfdhZ720SHBVKLJbGrkn6j5zFGF8MzKytcheBQ0j6uv9v6xv11DnS0TqCP4PpgavxeZJCdHui$ To modify your subscriptions, click here: https://urldefense.com/v3/__https://ferconline.ferc.gov/eSubscription.aspx__;!!KNMwiTCp4spf!Erd3S6idos- ------------------------------------------------------------------------ Please do not respond to this email. Online help is available here: https://urldefense.com/v3/__http://www.ferc.gov/efiling-help.asp__;!!KNMwiTCp4spf!Erd3S6idos- TRgNqfAzT3PdseUmzfdhZ720SHBVKLJbGrkn6j5zFGF8MzKytcheBQ0j6uv9v6xv11DnS0TqCP4PpgavxeQI2BGLP$ or for phone support, call 866-208-3676. State Water Resources Control Board September 19, 2025 Mr. Matthew Joseph Supervisor, Hydro License Compliance Pacific Gas and Electric Company Sent via Email: MWJA@pge.com Poe Hydroelectric Project Federal Energy Regulatory Commission Project No. 2107 Butte County North Fork Feather River DENIAL OF POE BARDEES BAR TUNNEL SPOIL PILE STABILITY AND REVEGETATION PLAN Dear Mr. Joseph: On November 30, 2022, Pacific Gas and Electric Company (PG&E) submitted the Poe Bardees Bar Tunnel Spoil Pile Stability and Revegetation Plan (Revegetation Plan) for review and approval by the State Water Resources Control Board’s (State Water Board) Deputy Director of the Division of Water Rights (Deputy Director). The Revegetation Plan is required per water quality certification (certification) Condition 15: Bardees Bar Spoil Pile Revegetation and United States Forest Service (USFS) 4(e) Condition 30 for the Poe Hydroelectric Project (Project).1 State Water Board staff paused review of the Revegetation Plan in 2023 pending resolution of ongoing discussions between PG&E and USFS staff on the Revegetation Plan. On January 26, 2024, USFS issued a letter to PG&E reiterating that 4(e) Condition 30 requires development of a revegetation plan and that PG&E’s Revegetation Plan did not include revegetation actions. USFS’s letter requested PG&E submit a revegetation plan for USFS completeness review consistent with the requirements of Condition 30. State Water Board staff hoped to review the revegetation plan required by USFS as an updated plan that would fulfill the Revegetation Plan required by Condition 15 of the Project certification. To date, PG&E has not provided an updated Revegetation Plan to address USFS’s Condition 30 requirements. Please note, similar to USFS’s Condition 30, Condition 15 of the Project certification also requires PG&E to revegetate the Bardees Bar spoil pile. As discussed further below, the 1 The State Water Board’s Executive Director issued the Project certification 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 State Water Board’s Project certification. Document Accession #: 20250922-5020 Filed Date: 09/22/2025 Mr. Matthew Joseph - 2 - September 19, 2025 Revegetation Plan does not meet the requirements of Condition 15 of the Project certification and is therefore denied. Background Certification Condition 15 and USFS Condition 30 require PG&E to revegetate the Bardees Bar spoil pile and to implement erosion control measures. In consultation with USFS, Federal Energy Regulatory Commission (FERC), and State Water Board staff, PG&E developed a two-phased approach to implement certification Condition 15 and USFS Condition 30. Phase 1 includes assessment of the condition of the spoil pile and Phase 2 involves revegetation and implementation of erosion control measures to prevent sedimentation during high flows. As part of Phase 1, on October 22, 2020, PG&E submitted the Poe Bardees Bar Tunnel Spoil Pile Slope Stability and Erosion Control Assessment (Assessment Report). The Assessment Report summarized observations regarding erosion and slope instability of the spoil pile. The Assessment Report found that precipitation that falls directly on the pile is the primary contributor to erosion. Surface water runoff upland of the spoil pile is diverted by a railroad track drainage ditch that flows south, away from the spoil pile site. The Assessment Report identified several alternatives that may be possible to help limit erosion of the spoil pile. As part of Phase 2, PG&E developed and submitted the Revegetation Plan that proposed four potential options to monitor and address future spoil pile erosion: (1) divert runoff down the west slope of the spoil pile; (2) discharge water onto the spoil pile access road and then divert it to the existing boulder bar near the northern end of the spoil pile (Attachment A: Figure 1); (3) divert water from the upper portion of the spoil pile access road to the North Fork Feather River over a rock cliff at the abandoned bridge; or (4) implement long-term erosion monitoring without creation or alternation of any existing infrastructure. PG&E identified option 4 (maintain the current approach of no new drainage infrastructure while implementing long-term erosion monitoring) as the preferred approach for managing the spoil pile. The proposed Revegetation Plan describes ongoing monitoring to include aerial light detection and ranging (LiDAR) assessments every five (5) years to determine rates of erosion and estimates of the volume eroded. Additionally, the Revegetation Plan proposes that PG&E submit a Stability Monitoring Report each year after a monitoring event. The report would detail observed erosion by comparing erosion after each monitoring event to baseline (2019 LiDAR mapping) and the most recent previous monitoring event. Per the Revegetation Plan, PG&E proposed that it would consult with USFS and State Water Board staff if there are significant changes to the spoil pile or if methodological improvements for monitoring the spoil pile have been identified by PG&E. As described in the Project certification, the Bardees Bar Spoil Pile has the potential to increase sedimentation during high flow and rain events. Additionally, in its October 22, 2020 letter, PG&E requested a phased approach to comply with Condition 15 of certification, stating that Phase 2 would “address management (control) of existing invasive weeds and include measures to support growth of appropriate native plant species.” PG&E’s proposed Phase 2 actions do not provide for Document Accession #: 20250922-5020 Filed Date: 09/22/2025 Mr. Matthew Joseph - 3 - September 19, 2025 management of existing invasive weeds and spoil pile revegetation with appropriate native plant species. In part, Condition 15 states, “The Bardees Bar spoil pile shall be revegetated with appropriate local endemic species. The Licensee shall implement erosion control measures at the toe of the spoil pile near the North Fork Feather River.” PG&E’s Revegetation Plan does not include revegetation actions or erosion control measures at the spoil pile and therefore does not fulfill the requirements of Condition 15. Denial: State Water Board staff have reviewed the Revegetation Plan and find that it does not comply with the requirements of Condition 15 of the Project certification. The Revegetation Plan is hereby denied. PG&E shall submit an updated Bardees Bar Spoil Pile Revegetation Plan to the Deputy Director for review and consideration of approval by April 30, 2026. The updated plan should be developed in consultation with State Water Board and USFS staff and shall include revegetation and erosion control measures consistent with the requirements of Condition 15 of the Project certification. If you have questions about this letter, please contact Glenn Hoffmann, Project Manager, by email to: Glenn.Hoffmann@waterboards.ca.gov or by phone call to: (916) 319-9943. Sincerely, Erin Ragazzi Assistant Deputy Director Acting Deputy Director for the Water Quality Certification Program Division of Water Rights Attachment A: Figure 1 ec: Debbie-Anne Reese, Secretary Federal Energy Regulatory Commission via FERC eFiling Anna Urias, License Coordinator Pacific Gas and Electric Company AXUS@pge.com Michael Maher, Senior Environmental Scientist Specialist California Department of Fish and Wildlife Michael.Maher@wildlife.ca.gov Beth Lawson, Senior Hydraulic Engineer California Department of Fish and Wildlife Beth.Lawson@wildlife.ca.gov Document Accession #: 20250922-5020 Filed Date: 09/22/2025 Mr. Matthew Joseph - 4 - September 19, 2025 Dawn Alvarez, Natural Resource Specialist United States Forest Service Dawn.Alvarez@usda.gov Leigh Bartoo, Fish and Wildlife Biologist United States Fish and Wildlife Service Aondrea_Bartoo@fws.gov Briana Haberman, Deputy Administrative Officer for Emergency Management Butte County BHaberman@buttecounty.net Kelly Peterson, Water Resource Scientist Butte County KPeterson@buttecounty.net Tracey Ferguson, AICP Planning Director Plumas County traceyferguson@countyofplumas.com Dave Steindorf, California Hydropower Specialist American Whitewater Dave@americanwhitewater.org Chris Shutes, Executive Director California Sportfishing Protection Alliance blancapaloma@msn.com Kurt Sable, Hydropower Coordinator / Hydrologist United States Forest Service Kurt.Sable@usda.gov Erika Brenzovich, Recreation and Lands Program Manager United States Forest Service Erika.Brenzovich@usda.gov Document Accession #: 20250922-5020 Filed Date: 09/22/2025 Attachment A – Figure 1 Document Accession #: 20250922-5020 Filed Date: 09/22/2025 A-1 Figure 1: From PG&E’s 2022 Bardees Bar Spoil Pile Stability and Revegetation Plan (page 6) (PG&E proposed options for directing flow from the top of the spoil pile. Option 1 and 2 entails creating a energy dissipation channel out of boulders to slow erosion.) Document Accession #: 20250922-5020 Filed Date: 09/22/2025 Document Content(s) Poe BB Plan Denial.pdf....................................................1 Document Accession #: 20250922-5020 Filed Date: 09/22/2025