HomeMy WebLinkAbout09.15.25 Board Correspondence - FW_ Delegated Order issued in FERC P-7242-060From: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: Delegated Order issued in FERC P-7242-060
Date:Monday, September 15, 2025 8:30:53 AM
Please see Board Correspondence -
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Subject: Delegated Order issued in FERC P-7242-060
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On 9/15/2025, the Federal Energy Regulatory Commission (FERC), Washington D.C., issued this document:
Docket(s): P-7242-060
Lead Applicant: STS HydroPower,
Ltd.
Filing Type: Delegated Order
Description: Order Approving Surrender of License and Removal of Project Features re STS Hydropower, LLC under P-7242.
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192 FERC ¶ 62,161
UNITED STATES OF AMERICA
FEDERAL ENERGY REGULATORY COMMISSION
STS Hydropower, LLC Project No.7242-060
ORDER APPROVING SURRENDER OF LICENSE AND REMOVAL OF PROJECT
FEATURES
(Issued September 15, 2025)
1.On September 30, 2022,1 STS Hydropower, LLC (licensee or STS)filed an
application to surrender its license for the Kanaka Hydroelectric Project No. 7242,
pursuant to 18 C.F.R. §6.1 and 6.2 of the Commission’s regulations. The project is
located on Sucker Run Creek, in Butte County, California. The project does not occupy
any federal lands.
I.Background
2.The minor license for the 1.2-megawatt (MW)2 project was issued on August 15,
1985, for a term of 50 years, expiring on July 31, 2035.3 As licensed, the project
consists of: (1) a 12-foot-high, 36-foot-long concrete diversion structure with a 24-inch
drain gate located at elevation 1,672-feet mean sea level (msl)with no significant storage;
(2) a 30-inch-diameter, 5,669-foot-long pipeline/penstock, with both above-ground and
buried sections;(3) a 24-inch-diameter discharge drain gate at the base of the dam; (4) a
35-foot by 38-foot powerhouse, located at elevation 1,130 feet msl, containing a single
1 The application was supplemented on February 28 and April 28, 2023, July 17,
2024, and March 3, 2025.
2 Television Communications Inc., 32 FERC ¶ 62,333 (1985)(issuing a license
with a nameplate capacity of 1.12 MW); STS Hydropower, Ltd., 72 FERC ¶ 62,265
(1995) (amending the nameplate capacity from 1.12 MW, as originally licensed,to 1.2
MW).
3 Television Communications Inc., 32 FERC ¶ 62,333 (1985). See also RDS
Company,43 FERC ¶ 62,223 (1988). The project license was transferred multiple times
including on August 27, 1987 (40 FERC ¶ 62,235), September 30, 1988 (44 FERC
¶62,343), and finally to STS Hydropower, LLC on October 6, 2017 (161 FERC
¶62,017).
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Project No. 7242-060 -2 -
1,500 horsepower impulse turbine connected to a 1.2 MW generator; (5) a 771-foot-long,
12-kilovolt (kV)tap line to interconnect the project with an existing transmission line;4
and (6) appurtenant facilities.
3.The project is located entirely on remote, private lands with limited access. The
licensee leased the privately-owned dam for project operation. The project previously
operated in a run-of-river mode. Article 21 of the license requires a minimum flow of 5-
13 cubic feet per second (cfs), or inflow, whichever is less, depending on the time of year
released into the bypassed reach. Due to limited inflow, the project is typically off-line
from July-October, and all inflow is released at the dam.
4.The project has been inoperable since August 2017 when the powerhouse,
transmission lines, and electrical equipment were destroyed by the Ponderosa Wildfire
(fire). Considering the extensive damage to these project features, STS determined that it
is not cost effective to restore project operation. Instead, STS proposes to surrender the
project license and remove certain project features.
5.Beginning in September 2021, the licensee informed the Commission of its
proposal for general clean-up of the project area following the fire. These activities were
authorized by the Commission’s Division of Dam Safety and Inspections (D2SI)-San
Francisco Regional Engineer (D2SI-San Francisco Regional Engineer) by letter dated
January 13, 2022.5 In May 2022, the remains of the tap line and associated transmission
line were removed during site clean-up.6
II.Proposed Surrender
6.The licensee proposes to surrender and decommission the project by completing
the following activities: (1) installing approximately 60-inches of concrete to plug the
penstock and welding the upper and lower ends closed; (2) permanently sealing the
penstock flap gate in the wet well and filling the wet well with sand and gravel; (3)
4 According to information included with the surrender application, Pacific Gas
and Electric Company owns the transmission line that serves the project and has no plans
to rebuild the line following the fire.
5 Commission Staff’s January 13, 2022 Letter to Eagle Creek Renewable Energy,
LLC. Clean-up activities included: restoration of parts of the access road; repair of the
security gate; removal of the 771-foot-long tap line serving the project; disassembly of
damaged transmission poles and removal; and general debris removal in the powerhouse
area.
6 STS’s July 17, 2024 Response to Commission Staff’s Additional Information
Request,at 3.
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Project No. 7242-060 -3 -
removing all mechanical and electrical equipment; (4) demolishing the aboveground
portion of the powerhouse building and substation and hauling material offsite to an area
landfill (the buried powerhouse foundation would remain); (5) filling the tailrace with
native rocks and soils and regrading the area to match surrounding slopes; and (6)
regrading the disturbed areas that previously contained the powerhouse and surrounding
road. The licensee proposes to leave the penstock and existing privately-owned dam in
place, with the penstock permanently sealed to prevent water entry. All flow would be
released at the dam, primarily through the drain gate, following surrender.
7.The licensee proposes to adhere to best management practices (BMPs) to ensure
any effects from decommissioning activities are temporary and limited in geographic
scope. These BMPs include:
Scheduling construction activities in late summer or fall;
Protecting roots of established vegetation where possible;
Stabilizing construction vehicle entrances and exits;
Using proper containment, removal, and disposal of construction debris and
waste, and complying with all state and local regulations governing
disposal;
Using temporary erosion control mats or blankets and minimal
hydroseeding;
Using biodegradable hydraulic fluids for any equipment operating in the
stream channel;
Ensuring proper maintenance of construction vehicles and equipment to
prevent leaks;
Developing a stormwater pollution prevention plan (SWPPP) prior to any
ground disturbance;
Developing a final construction plan that includes all appropriate BMPs
following Commission action on the surrender;
Providing fueling of equipment in designated upland locations with
adequate spill prevention measures in place; and
Provisions to cease work and consult with appropriate Tribes and resource
agencies in the event of an inadvertent discovery of Tribal or cultural
resources.
8.Following Commission approval and receipt of all necessary permits, the licensee
plans to complete the decommissioning activities and site cleanup during late summer
and fall. While no in-water work is anticipated, this schedule coincides with the low-
flow season in the event in-water work is necessary.
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Project No. 7242-060 -4 -
III.Pre-filing Consultation and Public Notice
9.The licensee included with its application documentation of pre-filing consultation
with the U.S. Forest Service (Forest Service), U.S. Fish and Wildlife Service (FWS),
California Department of Fish and Wildlife (California DFW), California State Historic
Preservation Officer (California SHPO), and the California State Water Resource Control
Board (California SWRCB). Beginning on January 25, 2021, the licensee met with the
consulted parties to discuss the extent of project damage, the proposed decommissioning,
and the anticipated schedule for decommissioning. A follow-up meeting was held on
August 25, 2021. On April 4, 2022, the licensee provided the consulted parties a draft
surrender application for review and comment. Comments were received from the
California SWRCB and the California DFW.The licensee included a response to these
comments in Appendix B of the application and accordingly revised the application prior
to filing with the Commission on September 30, 2022.
10.The Commission issued public notice of the surrender application on March 23,
2023, setting April 24, 2023,7 as the deadline to file protests, comments, and motions to
intervene. On April 24, 2023, the California SWRCB filed a timely motion to intervene.
On May 1, 2024, the California DFW filed a late motion to intervene, which was denied
on October 16, 2024.8
IV.Statutory Compliance
A.National Environmental Policy Act
11.Commission staff issued a notice of intent to prepare an Environmental
Assessment (EA) for the proposed surrender of the project on January 29, 2024. The
notice provided a proposed schedule for completion of the EA. In the notice,
Commission staff also invited federal, state, and local agencies, as well as Tribes, to
7 The Commission’s Rules of Practice and Procedure provide that if a filing
deadline falls on a Saturday, Sunday, holiday, or other day when the Commission is
closed for business, the filing deadline does not end until the close of business on the next
business day. 18 C.F.R. § 385.2007(a)(2) (2025). Because the 30-day deadline fell on a
Saturday (i.e., April 22, 2023), the filing deadline was extended until the close of
business on Monday, April 24, 2023.
8 See Notice Denying Late Intervention, issued October 16, 2024. Accession #
20241016-3002. https://elibrary.ferc.gov/eLibrary/filelist?accession_number=20241016-
3002&optimized=false&sid=e016c896-9db3-4b13-b466-7f2aba1b9ac9.
Document Accession #: 20250915-3012 Filed Date: 09/15/2025
Project No. 7242-060 -5 -
cooperate in the preparation of any environmental document. No requests to be a
cooperating agency were received.
12.To satisfy the Commission’s responsibilities under the National Environmental
Policy Act of 1969 (NEPA),9 and the Commission’s implementing regulations under 18
C.F.R.§380,Commission staff issued an EA on August 22, 2024,addressing the
environmental effects of the proposed surrender, a full dam removal alternative, and the
no-action alternative. No comments on the EA were received.
13.In the EA,Commission staff found that there would be no adverse effects to water
quality, water quantity, aquatic resources, terrestrial resources, or wetlands from the
proposed surrender of the project license because no in-water work is anticipated. The
EA identified only minor, short-term adverse effects would occur for geology and soils,
terrestrial resources, land use,and aesthetic resources during decommissioning activities.
No formal recreation facilities were required as part of the project license and no effect
on recreation resources would occur. Commission staff identified a minor beneficial
effect on aquatic resources resulting from the elimination of the diversion of flow to the
powerhouse for hydropower generation,as well as a beneficial effect on aesthetics from
removing damaged project equipment and restoring the project area.
14. In the EA, Commission staff concluded that approving surrender of the license
would not result in significant adverse effects to environmental resources, and no
additional mitigation measures are recommended. Commission staff concluded that the
surrender, as proposed,would not constitute a major federal action significantly affecting
the quality of the human environment.10
B.Clean Water Act
15.Under section 401(a)(1) of the Clean Water Act (CWA),11 any applicant for a
federal license or permit to conduct activities that may result in a discharge into United
States waters, must obtain either a water quality certification (certification) from the
appropriate state pollution control agency verifying that any discharge from the project
would comply with applicable provisions of the CWA or a waiver of such certification.
If the state “fails or refuses to act on a request for certification, within a reasonable period
9 42 U.S.C. §§ 4321 et seq.; see also 18 C.F.R. pt. 380 (2025) (Commission’s
regulations implementing NEPA).The Council on Environmental Quality’s (CEQ) final
rule rescinding its NEPA regulations became effective on April 11, 2025.90 Fed. Reg.
10,610 (Feb. 25, 2025).
10 EA at 28.
11 33 U.S.C. § 1341(a)(1).
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Project No. 7242-060 -6 -
of time (which shall not exceed one year) after receipt of such a request,” then
certification is deemed waived.
16.On May 12, 2023, the licensee applied to the California SWRCB for certification
for the proposed surrender, which California SWRCB received on May 12, 2023. On
April 23, 2024, the California SWRCB denied the request for a certification. On
April 29, 2024, Commission staff requested that the licensee either file an appeal of this
decision or a new certification request. On July 15, 2024, the licensee reapplied to the
California SWRCB for certification. On July 15, 2025, California SWRCB issued a
certification for the surrender and decommissioning of the project.
17.Conditions 1 and 6 through 25 are general or administrative and are not discussed
further. Condition 2 requires the licensee to develop and submit for approval to the
California SWRCB a Dewatering and Water Quality Monitoring Plan that includes but is
not limited to a description of all construction-related activities, maps, schedule, BMPs,
and water quality monitoring during the work. Condition 3 requires general erosion
control and hazardous material control measures, compliance with the National Pollutant
Discharge Elimination System General Permit for Stormwater Discharges Associated
with Construction and Land Disturbance Activities, and submittal for approval to the
California SWRCB and the Commission a Water Quality Monitoring and Protection Plan
for any ground-disturbing activities not covered by other conditions. Condition 4
requires protective measures for California red-legged frogs, foothill yellow-legged frogs,
and northwestern pond turtles as well as environmental awareness training. These
species are listed or proposed for listing under the Endangered Species Act (ESA), as
discussed below. Condition 5 requires a report to the California SWRCB prior to
beginning the work as well as a separate report when the work is completed.
18.The conditions of the certification are set forth in Appendix A of this order and
required by ordering paragraph (B).
C.Threatened and Endangered Species
19.Section 7 of the ESA12 requires federal agencies to ensure their actions are not
likely to jeopardize the continued existence of federally listed threatened or endangered
species or result in the destruction or adverse modification of the critical habitat of such
species.
12 16 U.S.C. § 1536.
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Project No. 7242-060 -7 -
20.Based on the FWS Information for Planning and Consultation (IPaC) website,13
Commission staff in February 2024 identified two federally listed species, the California
red-legged frog (Rana draytonii) and the foothill yellow-legged frog (Rana boylii), both
listed as threatened under the ESA as being in the project area. The Northwestern pond
turtle (Actinemys marmorata), the California spotted owl (Strix occidentalis
occidentalis), and the monarch butterfly (Danaus plexippus),14 currently proposed for
listing as threatened, were also identified as being found in Butte County, California. No
critical habitat for any federally listed species occurs within the project area.
21.As discussed in the EA, Commission staff determined that the proposed surrender
and decommissioning activities may affect but is not likely to adversely affect the listed
California red-legged frog and the foothill yellow-legged frog. On August 23, 2024, staff
requested written concurrence on our determination from the FWS and on May 14, 2025,
the FWS concurred with staff’s determination.15 This concurrence followed consultation
between the FWS and the licensee regarding protection of these species during the
cleanup. The agreed-upon conservation measures identified in FWS’s May 14, 2025
letter16 include: (1) conducting a pre-construction survey (no more than 3 days prior to
the start of ground disturbance) within the project area and a 500-foot buffer zone around
the project area; (2) conducting daily surveys in the immediate project area by a qualified
biologist prior to initiating work; (3) ceasing all work activities in the event that a listed
species is found in project area and immediately contacting the FWS for further guidance
(to include photographs if possible);(4)avoiding erosion control measures that contain
monofilament; (5) screening any pump intakes with wire mesh no larger than 5
millimeters; (6) educating workers on the federally listed species that have potential to
occur within the project area and reporting requirements; and (7)fueling construction
equipment in designated upland areas. These measures are set forth in Appendix B of
this order and are required by ordering paragraph (C).
22.Commission staff notes that the certification, discussed above,also includes
provisions for the protection of these listed species as well as the northwestern pond
13 IPaC, FWS, https://ipac.ecosphere.fws.gov/(accessed February 7, 2024).
14 At the time Commission staff accessed the IPaC website, the monarch butterfly
was a candidate species, but is currently proposed for listing as threatened. 89 Fed. Reg.
100,662 (Dec. 12, 2024).
15 Commission Staff’s June 23, 2025 Memorandum attaching FWS’s Response.
16 These conservation measures are in addition to certain measures already
proposed by the licensee.
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Project No. 7242-060 -8 -
turtle, that is proposed for listing. Those provisions are consistent with the FWS’s
conservation measures above and are made part of this surrender order in Appendix A.
23.On July 3, 2025, Commission staff again accessed the FWS’s IPaC website to
identify any changes to the species list. Since February 2024, two species were added to
the list. These species include the gray wolf (Canis lupus), listed as endangered, and a
non-essential experimental population of California condor (Gymnogyps californianus).
Given the lack of habitat in the project area after the fire and the transient nature of the
endangered gray wolf, Commission staff finds there would be no effect of the proposed
surrender and decommissioning of the project on this species. Commission staff also
considered potential effects to those species proposed for listing, as well as the
experimental population of California condor,and finds that the proposed surrender and
decommissioning would not jeopardize the continued existence of these species. We
consider our consultation under section 7 of the ESA complete.
D.National Historic Preservation Act
24.Section 106 of the National Historic Preservation Act (NHPA)17 and its
implementing regulations18 require federal agencies to take into account the effect of any
proposed undertaking19 on properties listed or eligible for listing in the National Register
of Historic Places (National Register), defined as historic properties,and afford the
Advisory Council on Historic Preservation (Advisory Council)a reasonable opportunity
to comment on the undertaking.This generally requires the Commission to consult with
the State Historic Preservation Officer (SHPO)to determine whether and how a proposed
action may affect historic properties, and to seek ways to avoid or minimize any adverse
effects.
25.Here, the proposed surrender of the project includes cleanup from the fire that
significantly damaged critical project features in 2017. No historic properties are known
to occur within the project area. On August 17, 2021, Commission staff designated the
licensee as our non-federal representative for the purposes of consultation under section
17 54 U.S.C. § 306108.
18 36 C.F.R. pt.800 (2024).
19 An undertaking means “a project, activity, or program funded in whole or in
part under the direct or indirect jurisdiction of a Federal agency, including those carried
out by or on behalf of a Federal agency; those carried out with Federal financial
assistance; and those requiring a Federal permit, license, or approval.”Id.§
800.16(y).Here, the undertaking is the proposed surrender of the project and cleanup of
the area following the fire.
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Project No. 7242-060 -9 -
106 of the NHPA. By letter dated March 2, 2023, the licensee requested concurrence
from the California SHPO that surrender and decommissioning of the project would not
adversely affect historic or cultural resources in the project area. On April 18, 2023, the
California SHPO concurred. Thus,consultation under section 106 of the NHPA is
complete.
V.Dam Safety
26.The project dam is classified as having a low hazard potential because there is no
development in the downstream area that a failure of this water-retaining structure would
inundate. The project was last inspected by the Commission’s D2SI –San Francisco
Regional Engineer on June 7, 2023.20 No outstanding dam safety issues were identified
during the inspection. In the inspection report,Commission staff noted that the
preliminary clean-up of the site was completed on April 6, 2022.21 On July 6, 2023, staff
issued a letter reminding the licensee of its responsibility of an annual submittal to
request a continuing exemption from filing an Emergency Action Plan. No other
recommendations were made after the inspection.
27.When a project is surrendered, the Commission’s jurisdiction over the project ends
and future dam safety oversight of any remaining works often becomes the responsibility
of the state entity with regulatory authority. On May 17, 2023, the D2SI-San Francisco
Regional Engineer contacted the California Department of Water Resources, Division of
Safety of Dams (California DSOD) to discuss the proposed surrender of the project. The
California DSOD was informed of the proposed surrender and by letter dated May 18,
2023, indicated that the dam would not fall under California DSOD jurisdiction.22
28.Based on the recent inspection, Commission staff finds there is no reason to deny
surrender of the project license for dam safety issues. Commission staff recommends the
licensee decommission the project as proposed and be required to file with the D2SI-San
Francisco Regional Engineer:(1) final plans and specifications for the decommissioning
activities (to include all supporting construction related documents, e.g., supporting
design report, Quality Control and Inspection Program, Temporary Construction
Emergency Action Plan, and Soil Erosion and Sediment Control Plan); (2) documentation
of independent review and approval of any cofferdam or deep excavation plans should
they be needed for decommissioning; and (3)a final decommissioning report once
20 See Commission Staff’s February 20, 2024 Dam Safety Inspection Report.
21 See id.; see also STS’s May 27, 2022 Site Cleanup Status Update, at 4;
Commission Staff’s July 19, 2022 Letter, at 1 (confirming review and satisfaction with
STS’s May 27, 2022 status update).
22 California DSOD June 28, 2023 Letter on Jurisdiction, at 1.
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Project No. 7242-060 -10 -
activities are complete. Surrender of the project would not be effective until the D2SI-
San Francisco Regional Engineer issues a letter that states all decommissioning work has
been completed.
VI.Discussion and Conclusion
29.Section 6 of the Federal Power Act (FPA) allows licensees to voluntarily surrender
existing licenses and cease operating project works, providing that licenses
“may be . . . surrendered only upon mutual agreement between the licensee and the
Commission after thirty days’ public notice.”23 The Commission, in acting on a
surrender application, applies a broad “public interest” standard24 and may require
conditions consistent with the FPA as it finds to be in the public interest.25
30.A licensee requests surrender of a Commission-issued license when it decides it no
longer wishes to hold that license, which can happen for a variety of reasons. When a
licensee voluntarily decides to surrender its license, the Commission’s regulations require
the licensee to file a surrender application that includes a decommissioning plan.26
Possible forms of decommissioning range from simply shutting down the power
operations to removing all parts of the project, including the dam, and restoring the site to
its pre-project condition. The Commission will only approve a license surrender once the
licensee has fulfilled its obligations as established by the Commission.27
31.The project was significantly damaged in the 2017 fire and is no longer operable,
thus it currently does not provide the public benefit of clean, renewable energy. The
licensee found continued operation of the project was not cost-effective with the expected
costs associated with restoring the project, decreasing revenues, and power prices. The
licensee does not propose to remove the project dam. As discussed above and in the EA,
23 16 U.S.C. §799.
24 FPL Energy Me.Hydro, LLC, 106 FERC ¶ 61,038,at P 20 (2004), reh’g denied,
107 FERC ¶ 61,120 (2004), aff’d on other grounds, Save our Sebasticook v. FERC,
431 F.3d 379 (D.C. Cir. 2005)(FPL Energy). The broad public interest standard is not
the same as the public interest/comprehensive development standards applied to licensing
proceedings by FPA sections 4(e) and 10(a)(1). Id.(citing Niagara Mohawk Power
Corp.,100 FERC ¶ 61,185,at PP 12-13 (2002)).
25 16 U.S.C. §803(g).
26 18 C.F.R. § 6.1 (2025).
27 See Project Decommissioning at Relicensing, FERC Stats. & Regs. ¶31,011
(1994) (cross-referenced at 69 FERC ¶ 61,336).
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Project No. 7242-060 -11 -
Commission staff identified no significant adverse effects to environmental resources
resulting from the proposed surrender of the project.
32.Additionally, this order requires the agreed-upon conservation measures
recommended by the FWS for the protection of the listed California red-legged frog and
the foothill yellow-legged frog during decommissioning, as well as California SWRCB’s
water quality certification, attached as Appendix A. This order also requires the filing of
final plans and specifications on decommissioning with the Commission’s D2SI-San
Francisco Regional Engineer, including the approved design of any cofferdams and deep
excavations, should any be necessary during decommissioning.
33.Lastly, this order requires the filing of a final decommissioning report once all
decommissioning activities have been completed. This surrender will not be effective
until the Commission’s D2SI-San Francisco Regional Engineer issues a letter finding that
the conditions of this order have been satisfied. With these conditions, we find the
surrender of the license to be in the broad public interest, and the surrender application
should be approved.
The Director orders:
(A)STS Hydro, LLC’s (licensee) application to surrender the license for the
Kanaka Hydroelectric Project No. 7242, filed on September 30, 2022,and supplemented
on February 28 and April 28, 2023, July 17, 2024, and March 3, 2025,as modified in
paragraphs (B) through (H), is approved.
(B)This surrender is subject to the conditions submitted by the California State
Water Resources Control Board under section 401(a)(1) of the Clean Water Act, 33
U.S.C. § 1341(a)(1), as those conditions are set forth in Appendix A to this order.
(C)The licensee must implement the conservation measures identified in the
U.S. Fish and Wildlife Service’s (Service) May 14, 2025 letter,as those conditions are set
forth in Appendix B to this order.
(D)The licensee must complete the decommissioning activities as proposed in
the surrender application including but not limited to: removing the powerhouse
structure, sealing the penstock, filling the tailrace, removing all mechanical and electrical
equipment, and grading the disturbed areas to match surrounding slopes.
(E)At least 60 days prior to the start of any construction associated with the
decommissioning activities, the licensee must file final design documents with the
Commission by eFiling to the Commission’s Division of Dam Safety and Inspections
(D2SI)-San Francisco Regional Engineer (D2SI-San Francisco Regional Engineer). The
design documents must include: final plans and specifications, supporting design report,
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Project No. 7242-060 -12 -
Quality Control and Inspection Program, Temporary Construction Emergency Action
Plan, and Soil Erosion and Sediment Control Plan. The licensee may not begin
construction until the D2SI-San Francisco Regional Engineer has reviewed and
commented on the documents, determined that all preconstruction requirements have
been satisfied, and authorized the start of construction.
(F)Should decommissioning activities require cofferdams or deep excavations,
the licensee must: (1) have a Professional Engineer who is independent from the
construction contractor, review and approve the design of contractor-designed cofferdams
and deep excavations prior to the start of construction; and (2) ensure that construction of
cofferdams and deep excavations is consistent with the approved design. At least 30 days
before starting construction of any cofferdams or deep excavations, the licensee must file
the approved cofferdam and deep excavation construction drawings and specifications,
and the letters of approval with the Commission by eFiling to the Commission’s D2SI-
San Francisco Regional Engineer.
(G)Within 30 days of completing decommissioning activities, the licensee
must file with the Secretary of the Commission by eFiling to the Commission’s D2SI-San
Francisco Regional Engineer a final report, with photographs, that documents the project
facilities have been decommissioned in accordance with this order.
(H)The surrender of the license for the Kanaka Hydroelectric Project shall not
be effective until the Commission’s D2SI-San Francisco Regional Engineer has issued a
letter stating that the licensee has satisfactorily submitted a final report showing the
project has been decommissioned in accordance with this surrender order.
(I)This order constitutes final agency action. Any party may file a request for
rehearing of this order within 30 days from the date of its issuance, as provided in
section 313(a) of the Federal Power Act, 16 U.S.C. § 825l, and the Commission’s
regulations at 18 C.F.R. § 385.713 (2025). The filing of a request for rehearing does not
operate as a stay of the effective date of this order, or of any other date specified in this
order. The licensee’s failure to file a request for rehearing shall constitute acceptance of
this order.
CarLisa Linton
Director
Division of Hydropower Administration
and Compliance
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APPENDIX A
STATE OF CALIFORNIA WATER QUALITY CERTIFICATE CONDITIONS
8.0 Water Quality Certification Conditions
ACCORDINGLY, BASED ON ITS INDEPENDENT REVIEW OF THE RECORD,
THESTATE WATER RESOURCES CONTROL BOARD certifies that
implementation of the Removal and Decommissioning of the Kanaka Powerhouse for the
Kanaka Hydroelectric Project License Surrender (Project) will comply with sections 301,
302, 303, 306, and 307 of the Clean Water Act, and with applicable provisions of State
law, under the following terms and conditions.
CONDITION 1.Project Activities
Unless otherwise modified by conditions of this water quality certification (certification)
or approved by the State Water Resources Control Board (State Water Board) Deputy
Director of the Division of Water Rights (Deputy Director), STS Hydropower, LLC (STS
or Licensee) shall implement the Project as described in: (1) STS’s July 15, 2024
certification application (STS 2024a); (2) (2) STS’s March 1, 2025 Field Assessment
Report (STS 2025a); and (3) STS’s June 18, 2025, email clarifying Project activities
(STS 2025b).
CONDITION 2.Dewatering and Water Quality Protection
Consistent with Mitigation Measure Water Quality (WQ)-1, the Licensee shall develop
and submit a Dewatering and Water Quality Monitoring Plan (Dewatering Plan) to the
Deputy Director for review and consideration of approval. The Dewatering Plan shall be
submitted to the Deputy Director a minimum of 30 days prior to the desired date for
commencement of Project dewatering, in-water work, or water-adjacent work unless
another timeline is approved by the Deputy Director. The Deputy Director may require
changes as part of any approval. At a minimum, the Dewatering Plan shall include:
Descriptions of all construction-related activities that involve dewatering, water
diversions, and in-water or water adjacent work. For dewatering or temporary
water diversion activities, the description shall include:
o Equipment and methods that will be used for dewatering and temporary
water diversion, including descriptions of procedures that will be used for
installation, operation, maintenance, removal, and rewatering
(e.g., inspection and follow-up actions, if applicable).
o Type(s) of barriers that will be installed to isolate work areas from surface
waters.
o List of materials that will be used in or adjacent to the watercourse.
Site plan map(s), drawings, and/or photo(s) showing areas that may be dewatered
and discharge locations, as well as areas where Project work will be completed in-
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water or adjacent to water.
Schedule for each stage of dewatering and water diversion activities
(i.e.,equipment installation, dewatering, barrier installation, temporary diversion,
equipment removal, and rewatering).
Description of best management practices (BMPs) that will be implemented to
avoid potential water quality and aquatic resource impacts during dewatering, in-
water, and water adjacent work. BMPs shall ensure discharges associated with
dewatering and water diversion will not exceed water quality objectives, as
defined in the Water Quality Control Plan for the Sacramento River Basin and the
San Joaquin River Basin (Central Valley Basin Plan) (Central Valley Regional
Water Board 2019 and any amendments thereto). BMPs may reference erosion
and sediment control measures and biological resource protections required by
Conditions 3 and 4, respectively.
Proposed water quality monitoring and reporting related to dewatering, in-water,
and water adjacent work that shall at a minimum include the parameters and
monitoring specified below in this condition. The Licensee shall describe the
water quality monitoring that will be implemented for the Project, including
locations, equipment, frequency, methods, and quality assurance/quality control
program.
Water Quality Monitoring. Water quality monitoring shall be performed as described in
this condition unless otherwise approved by the Deputy Director. During any required
dewatering, in-water, and water-adjacent Project activities with the potential to discharge
to state waters, the Licensee shall monitor for turbidity, pH, temperature, dissolved
oxygen, and visible pollutants (e.g., oils, greases, fuels, turbidity, plumes). Monitoring for
turbidity, pH, temperature, and dissolved oxygen shall be conducted hourly unless
otherwise approved by the Deputy Director. Visual monitoring for visible pollutants shall
be conducted continuously throughout active work areas with the potential to result in a
discharge to waters of the state. Monitoring locations shall at a minimum include a
location no more than 300 feet downstream of the work area and at a location upstream
that is outside the influence of Project activities and represents background (i.e., existing)
water quality conditions. Proposed locations shall be identified in the Dewatering Plan
for Deputy Director review and consideration of approval.
The Licensee shall take a global positioning system point and a photograph for each
proposed monitoring location and provide them to the Central Valley Regional Water
Board and State Water Board staff at least one week prior to starting any activities that
may contribute to a discharge to Sucker Run Creek. These locations shall be used for
monitoring unless the Deputy Director directs the Licensee to use other monitoring
locations, the Deputy Director directs the Licensee to work with State Water Board staff
to find an alternate location(s), or the Licensee proposes an alternate location that is
approved by the Deputy Director.
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The Licensee shall ensure that Project activities comply with the Central Valley Basin
Plan water quality objectives. The current water quality objectives for turbidity, pH,
temperature, dissolved oxygen, and visible pollutants are provided below for reference:
Turbidity: Waters shall be free of changes in turbidity that cause nuisance or
adversely affect beneficial uses. Increases in turbidity attributable to
controllable water quality factors shall not exceed the following limits:
o Where natural turbidity is less than 1 Nephelometric Turbidity Unit
(NTU), controllable factors shall not cause downstream turbidity to
exceed 2.
o Where natural turbidity is between 1 and 5 NTUs, increases shall not
exceed 1 NTU.
o Where natural turbidity is between 5 and 50 NTUs, increases shall not
exceed 20 percent.
o Where natural turbidity is between 50 and 100 NTUs, increases shall
not exceed 10 NTUs.
o Where natural turbidity is greater than 100 NTUs, increases shall not
exceed 10 percent.
In determining compliance with the above limits, an appropriate averaging
period, not to exceed 24 hours, may be applied, provided that beneficial uses
will be fully protected.
pH: pH shall not be depressed below 6.5 nor raised above 8.5.
Dissolved Oxygen: The Licensee shall not decrease dissolved oxygen below
7.0 milligrams per liter.
Temperature: The Licensee shall not allow temperature to rise more than 5
Fahrenheit above the natural receiving water temperature.
The Deputy Director and the Central Valley Regional Water Board Executive Officer
(Executive Officer) shall be notified promptly, and in no case more than 24 hours
following an exceedance of a Central Valley Basin Plan water quality objective.
Regardless of when such notification occurs, Project activities associated with the Central
Valley Basin Plan exceedances shall cease immediately upon detection. Work activities
may resume after corrective actions have been implemented, water quality meets the
Central Valley Basin Plan water quality objectives, and the Deputy Director has provided
approval to proceed. The Deputy Director may require additional actions to help prevent
similar exceedances in the future.
The Licensee shall submit the results of water quality monitoring in the Project
Completion Report described in Condition 5 and as requested by the Deputy Director.
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The Licensee shall not commence Project dewatering or diversion activities prior to
Deputy Director approval of the Dewatering Plan. The Licensee shall implement the
Dewatering Plan upon receipt of Deputy Director and any other required approvals, in
accordance with the schedule and requirements specified therein. Upon approval the
Licensee shall submit the updated Dewatering Plan to the Federal Energy Regulatory
Commission (FERC). Any changes to the Dewatering Plan shall be approved by the
Deputy Director prior to implementation.
CONDITION 3.Erosion, Sediment, and Hazardous Materials Control Measures
3(A)General Measures
Unless otherwise approved by the Deputy Director, the Licensee shall implement the
following erosion, sediment, and hazardous materials control measures (consistent with
WQ-3).
The Licensee shall survey the buried sections of the penstock to assess if erosion
and sediment measures are necessary to ensure that buried penstock portions
remain stable and do not result in future erosion and sediment discharges to
surface waters. If portions of the buried penstock require stabilization to prevent
future erosion and sediment discharges to surface waters, the Licensee shall
implement appropriate erosion and sediment control measures consistent with this
condition.
The Licensee shall bury and stabilize exposed portions of the penstock to ensure
the reburied area does not result in future erosion and sediment discharges to
surface waters.
The Licensee shall make any necessary repairs to ensure the proper functionality
of the drainage and culvert system within the Project boundary during the term of
the Project.
To the extent feasible, the Licensee shall conduct construction activities during
minimal runoff periods (i.e., during the dry season or when rain and runoff are
unlikely, typically during the summer or early fall).
The Licensee shall implement erosion control measures to keep soil in place,
which may include but are not limited to applying grass seed, erosion blankets,
tackifiers, hydro-mulch, paving or rocking of roads, water bars, cross drains, and
retaining walls. Certified weed-free hay, mulch, and straw shall be used for
erosion control. Following ground disturbance activities, the disturbed area shall
be restored to natural conditions, including, as appropriate, use of native seeding
and/or plantings and sloping to prevent future run-off and erosion.
If more than 0.25 inch of rain is forecast during Project activities, work in and
around Sucker Run Creek, use of heavy equipment, and any other Project work
with the potential to result in a discharge shall cease and the site shall be secured
to avoid discharges until the forecast rainfall event is over.
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Any disposal sites for non-hazardous waste materials shall be away from
waterways.
Sites shall be graded in a manner that prevents erosion and the discharge of
sediments to surface waters.
No vehicles or equipment shall drive off-road through wetlands, environmentally
sensitive areas, or riparian areas to access the Project area.
All vehicles and any ground or vegetation disturbing equipment must be cleaned
and free of mud, soil,and plant materials prior to entering the Project area.
Vegetation removal shall be limited to the minimum amount necessary and be
performed in previously disturbed areas consistent with STS’s water quality
certification application. No cut materials, including chipped materials, shall be
disposed of within wetlands, environmentally sensitive areas, surface waters, or
riparian areas.
The Licensee shall have on-site spill response materials. At a minimum, hazardous
materials spill kits shall be maintained onsite and in vehicles for small spills for
the duration of construction activities. These kits shall include oil-absorbent
materials and tarps to contain and control any minor releases. During Project
construction, emergency spill supplies and equipment shall be kept adjacent to all
work areas and at staging areas and shall be clearly marked.
Any spills shall be cleaned up immediately using absorbent material or, if
necessary, by constructing berms, and shall not be buried or washed with water.
Contaminated soil shall be excavated, contained, and transported to an approved
disposal site. All media affected by a spill shall be cleaned up and disposed of
offsite in accordance with applicable laws and regulations.
If Project-related hazardous materials are released with the potential to impact
surface waters, the Licensee shall immediately cease any activities associated with
the Project that resulted in the release and implement measures to limit and clean
up the releases. The Licensee shall notify the Deputy Director and the Executive
Officer promptly, and in no case more than 24 hours, following the release. The
notice shall include the type and quantity of material released, cause of the release,
corrective measures taken, and measures the Licensee will implement to prevent
future releases. The Deputy Director may require additional actions to help
prevent similar releases in the future. The Licensee may resume work upon
Deputy Director review and consideration of approval.
Hazardous materials, including petroleum-based materials, shall not be stored in
or near a floodplain.
Vehicle refueling and maintenance shall be conducted at locations where there is
no possibility of hazardous materials being transported into waters of the state.
All staff and personnel of contractors and subcontractors shall receive training
regarding the appropriate work practices necessary to effectively comply with the
applicable environmental laws and regulations, including hazardous materials spill
prevention and response measures. The training shall include identification and
reporting to the appropriate onsite person of any visual observations that may
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indicate a water quality impairment (e.g., oil sheen, etc.).
Hazardous materials or other materials that can affect water quality shall be stored
with secondary containment and shall not be disposed of or released onto the
ground, the underlying groundwater, or any surface water.
All hazardous materials containment structures shall comply with the California
Code of Regulations, title 27, section 20320.
These measures shall be implemented prior to the commencement of, during, and after
any ground disturbing activities or any other Project activities that could result in erosion,
sediment, or hazardous materials discharges to surface waters.
3(B)General Construction Permit and Water Quality Monitoring and Protection
Plans
The Licensee shall comply with the National Pollutant Discharge Elimination System
(NPDES) General Permit for Stormwater Discharges Associated with Construction and
Land Disturbance Activities (Construction General Permit; State Water Board 2022) and
any amendments thereto (consistent with WQ-2); if there is any conflict between the
conditions of this certification and applicable conditions in the Construction General
Permit, the more stringent shall apply. For any ground-disturbing activities that could
impact water quality (including beneficial uses) that are neither addressed by the
Construction General Permit nor addressed in other conditions of this certification, site-
specific water quality monitoring and protection plans (WQMPP) shall be prepared and
implemented following Deputy Director approval (consistent with WQ-4).
Prior to construction or other activity that could impact water quality or beneficial uses
and is not covered by another condition of this certification, the Licensee shall submit a
WQMPP to the Deputy Director for review and consideration of approval. WQMPPs
shall include measures to control erosion, stream sedimentation, dust, soil mass
movement, and other potential water quality impairments associated with the proposed
activities. The plans shall be based on actual-site geologic, soil, and groundwater
conditions and at a minimum include:
Description of site conditions and the proposed activity.
Detailed descriptions, design drawings, and specific topographic locations of
all control measures in relation to the proposed activity, which may include:
o Measures to divert runoff away from disturbed land surfaces;
o Measures to collect and filter runoff from disturbed land surfaces, including
sediment ponds at the sites; and
o Measures to dissipate energy and prevent erosion.
Revegetation of disturbed areas using native plants and locally-sourced plants
and seeds.
Measures to address other potential water quality impairments associated with
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Project No. 7242-060 -19 -
the proposed activity.
A monitoring, maintenance and reporting schedule.
The Deputy Director may require changes as part of any approval. The Licensee shall file
with FERC the Deputy Director-approved WQMPP, and any approved changes thereto.
The Licensee shall implement the WQMPP upon receipt of Deputy Director approval and
any other required approvals, in accordance with the schedule and requirements specified
therein.
CONDITION 4.Biological Resources
To reduce the potential impact to California red-legged frogs (Rana draytonii), foothill
yellow-legged frogs (Rana boylii), northwestern pond turtles (Actinemys marmorata) and
their habitat during Project implementation, the Licensee shall implement the following
measures (consistent with Biological Resources (BIO)-3, BIO-4, BIO-5, BIO-7, and BIO-
8).
4(A)Protections for California red-legged frogs, foothill yellow-legged frogs, and
northwestern pond turtles
A qualified biologist28 shall conduct pre-constructions surveys within the Project
area and a 500-foot buffer zone around the Project area no more than three days
prior to the start of ground disturbing activities. The qualified biologist shall
identify sensitive locations (i.e., potential habitat for listed species) to be protected
with fencing or other high visibility materials and shall place stakes to indicate
these locations. Fencing shall be installed with a gap between the ground and the
bottom of the fence so that small animals do not become trapped inside the fenced
area. The fencing or other high visibility materials shall be installed before
construction activities are initiated, maintained throughout the construction period,
and removed when construction is complete. These areas shall be designated as
environmentally sensitive areas and clearly identified on the construction
plans/resource protection exhibit and discussed in worker environmental
awareness training.
Work crews shall be restricted to designated and clearly defined work areas and
access routes. Staging of equipment and material sites shall be restricted to
designated areas.
A qualified biologist shall make bi-weekly visits to the Project site to ensure that
environmentally sensitive areas continue to remain protected and provide
28 For the purposes of this condition, a qualified biologist is a biologist who is
knowledgeable of and experienced with California red-legged frogs, foothill yellow-
legged frogs, and northwestern pond turtles and their habitats.
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Project No. 7242-060 -20 -
environmental awareness training to new crew members.
Licensee staff and/or site contractors that have been trained by a qualified
biologist shall perform daily surveys in the scheduled construction areas before
work begins each day. The Licensee shall maintain a log of daily surveys and the
presence or potential presence of any threatened or endangered species in or
around the Project area and any related communications and direction with the
qualified biologist related to such surveys. If California red-legged frogs, foothill
yellow-legged frogs, or northwestern pond turtles are identified or believed to be
present during these surveys, construction activities shall pause within a 100-foot
vicinity, of the animal(s) and a qualified biologist shall be called to the site to
confirm the identification and to provide further direction on how to proceed.
Project activities shall not resume until the qualified biologist provides clearance
to resume activities. When possible, the listed species shall be allowed to
volitionally leave the Project work area prior to re-initiating construction
activities.
4(B)Environmental Awareness Training
The qualified biologist shall develop and conduct mandatory worker environmental
awareness training about special-status species and their habitat and other sensitive
resources that could be encountered during Project activities. The training shall include
the following:
Photographs, habitat, and life history information for special-status plant and
wildlife species (including listed species), that are known to occur or may
potentially occur in the Project vicinity.
Measures that shall be implemented to protect special-status plant and wildlife
species and their habitats during Project activities.
Reporting procedures for the discovery of special-status plant and wildlife species
in the vicinity of the Project.
All personnel shall receive worker environmental awareness training before conducting
Project work and new personnel shall receive the training as they are brought onto the
Project. Proof of personnel environmental training shall be kept on file by the Licensee
(consistent with MM BIO-8).
CONDITION 5.Project Completion Report
5(A)Initial Report and Updates to Project Schedule
At least five days prior to starting Project activities, the Licensee shall notify State Water
Board staff that Project activities are anticipated to begin and provide a schedule for the
Project. Throughout Project implementation, the Licensee shall provide staff with updates
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to any major changes to the Project schedule within five days of the schedule change.
5(B)Completion Report
Within 60 days of Project completion, the Licensee shall submit a Project Completion
Report that comprehensively summarizes:
Project activities performed.
Compliance with each condition of this certification and details of any failure to
meet the certification requirements.
Final inspection information with details to ensure the Project area cleanup was
satisfactorily completed.
Details of any environmental protection measure inadequacies found during
Project implementation.
Details of Project-related adverse impacts to beneficial uses, if applicable.
A list and description of all Project infrastructure that will be retained following
Project completion, including but not limited to facilities buried in place. For each
piece of Project infrastructure that will be retained, the Licensee shall provide
information about whether the infrastructure requires any ongoing oversight and
CONDITIONS 6 –25
CONDITION 6.Unless otherwise specified in this certification or at the request of
the Deputy Director, data and/or reports shall be submitted electronically in a format
accepted by the State Water Board to facilitate the incorporation of this information into
public reports and the State Water Board's water quality database systems in compliance
with Water Code section 13167.
CONDITION 7.This certification does not authorize any act which results in the take
of a threatened, endangered, or candidate species or any act which is now prohibited, or
becomes prohibited in the future, under either the California ESA (Fish & G. Code, §§
2050 –2097) or the federal ESA (16 U.S.C. §§ 1531 –1544). If a “take” will result from
any act authorized under this certification or water rights held by the Licensee, the
Licensee must obtain authorization for the take prior to any construction or operation of
the portion of the Project that may result in a take. The Licensee is responsible for
meeting all requirements of the applicable ESAs for the Project authorized under this
certification.
CONDITION 8.This certification shall not be construed as replacement or
substitution for any necessary federal, state, and local approvals. The Licensee is
responsible for compliance with all applicable federal, state, or local laws or ordinances
and shall obtain authorization from applicable regulatory agencies prior to the
commencement of Project activities.
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CONDITION 9.Any requirement in this certification that refers to an agency whose
authorities and responsibilities are transferred to or subsumed by another local, state, or
federal agency, will apply equally to the successor agency.
CONDITION 10.Nothing in this certification shall be construed as State Water Board
approval of the validity of any water rights, including pre-1914 or riparian claims. The
State Water Board has separate authority under the Water Code to investigate and take
enforcement action, if necessary, to prevent any unauthorized or threatened unauthorized
diversions of water.
CONDITION 11.This certification is subject to modification or revocation upon
administrative or judicial review, including but not limited to review and amendment
pursuant to Water Code section 13330 and California Code of Regulations, title 23,
division 3, chapter 28, article 6 (commencing with section 3867).
CONDITION 12.This certification is not intended and shall not be construed to apply
to any activity involving a hydroelectric facility and requiring a FERC license or an
amendment to a FERC license unless the pertinent application for certification was filed
pursuant to California Code of Regulations, title 23, section 3855, subdivision (b) and
that application for certification specifically identified that a FERC license or amendment
to a FERC license for a hydroelectric facility was being sought.
CONDITION 13.This certification is conditioned upon total payment of any fee
required under California Code of Regulations, title 23, division 3, chapter 28.
CONDITION 14.Notwithstanding any more specific provision of this certification,
any plan or report developed as a condition of this certification requires review and
approval by the Deputy Director. The State Water Board’s approval authority, including
authority delegated to the Deputy Director or others, includes the authority to withhold
approval or to require modification of a plan, proposal, or report prior to approval. The
State Water Board may take enforcement action if the Licensee fails to provide or
implement a required item in a timely manner. Notwithstanding any other condition of
this certification, if a time extension is needed to submit an item for Deputy Director
review and consideration of approval, the Licensee shall submit a written request for the
extension, with justification, to the Deputy Director no later than 15 days prior to the
deadline. The Licensee shall not implement any plan, proposal, or report until after the
applicable State Water Board approval and any other necessary regulatory approvals.
CONDITION 15.In the event of any violation or threatened violation of the conditions
of this certification, including if monitoring results indicate that Project activities could
violate water quality objectives or impair beneficial uses,the violation or threatened
violation is subject to any remedies, penalties, process, or sanctions as provided for under
applicable state or federal law. For the purposes of section 401(d) of the Clean Water
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Project No. 7242-060 -23 -
Act, the applicability of any state law authorizing remedies, penalties, process, or
sanctions for the violation or threatened violation constitutes a limitation necessary to
ensure compliance with the water quality standards and other pertinent requirements
incorporated into this certification. In response to any violation or threatened violation of
the conditions of this certification, the Licensee shall, by a deadline required by the
Deputy Director, submit a plan that documents why the violation occurred and steps the
Licensee will implement to address the violation. The Licensee shall implement the plan
upon approval from the Deputy Director, and the Deputy Director may require
modifications as part of any approval.
CONDITION 16.The Licensee shall submit any changes to the Project, including,
operations, facilities, technology changes or upgrades, or methodology, which could have
a significant or material effect on the findings, conclusions, or conditions of this
certification, to the State Water Board for prior review and written approval. The State
Water Board shall determine significance and may require consultation with other state
and/or federal agencies. If the State Water Board is not notified of a change to the
Project, it will be considered a violation of this certification.
CONDITION 17. This certification is contingent on compliance with all applicable
requirements of the Central Valley Basin Plan and other appropriate requirements of state
law.
CONDITION 18.Unless otherwise specified by conditions in this certification, Project
activities shall be conducted in a manner consistent with all water quality standards and
implementation plans adopted or approved pursuant to the Porter-Cologne Water Quality
Control Act or section 303 of the Clean Water Act. The Licensee shall take all reasonable
measures to protect the beneficial uses of waters of the state, including Sucker Run
Creek.
CONDITION 19.In response to a suspected violation of any condition of this
certification, the State Water Board or Central Valley Regional Water Board may require
the holder of any federal permit or license subject to this certification to furnish, under
penalty of perjury, any technical or monitoring reports the State Water Board deems
appropriate, provided that the burden, including costs, of the reports shall bear a
reasonable relationship to the need for the reports and the benefits to be obtained from the
reports. (Wat. Code, §§ 1051, 13165, 13267, & 13383.)
CONDITION 20.Upon request, a Project schedule shall be provided to State Water
Board and Central Valley Regional Water Board staff. The Licensee shall provide State
Water Board and Central Valley Regional Water Board staff access to Project sites to
document compliance with this certification.
CONDITION 21.A copy of this certification shall be provided to all contractors and
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Project No. 7242-060 -24 -
subcontractors conducting Project-related work, and copies shall remain in their
possession at the Project site. The Licensee shall be responsible for work conducted by its
contractor, subcontractors, or other persons conducting Project-related work.
CONDITION 22.The Licensee shall use analytical methods approved by California’s
Environmental Laboratory Accreditation Program, where such methods are available.
Samples that require laboratory analysis shall be analyzed by Environmental Lab
Accreditation Program-certified laboratories.
CONDITION 23.The State Water Board shall provide notice and an opportunity to be
heard in exercising its authority to add to or change the conditions of this certification.
CONDITION 24.The Licensee shall ensure no net loss of wetland or riparian habitat
functions under the standards and procedures set forth in the State Wetland Definition
and Procedures for Discharges of Dredged or Fill Material to Waters of the State
(Dredge or Fill Procedures)29 (State Water Board 2019 and 2021) and Water Code,
Division 7, Chapter 28, sections 16200-16201, and any amendments thereto. The
Licensee shall demonstrate compliance with the Dredge or Fill Procedures upon request
from the Deputy Director.
CONDITION 25.Certification that the Project will be protective of water quality and
beneficial uses and comply with the state and federal water quality standards and other
appropriate requirements of state law is dependent upon the conditions and limitations
imposed by this certification; however, to ensure the validity of this certification upon
any challenge that is not addressed by another condition of this certification, the
provisions of this certification are severable. If any provision of this certification is found
invalid, affects the validity of the certification, or would result in a determination that the
State Water Board has waived its section 401 certification authority for the Project, the
remainder of this certification shall not be affected. Upon remand from determination on
administrative or judicial review that a provision of this certification is invalid or affects
the validity of the certification the State Water Board may adopt an alternative term that
addresses the water quality issue while avoiding the invalidity.
29 The Dredge or Fill Procedures and any amendments thereto. Available at:
https://www.waterboards.ca.gov/water_issues/programs/cwa401/wrapp.html. Accessed
on February 15, 2023.
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Project No. 7242-060 -25 -
APPENDIX B
U.S. Fish and Wildlife’s May 14, 2025 Conservation Measures
Conservation Measures
Conservation measures to avoid and/or reduce the potential for adverse effects to both
red-and yellow-legged frogs within the action area include:
Work will be performed during the dry season, above the ordinary high-water
mark.
A qualified biologist will conduct pre-construction surveys for California red-
legged frog and foothill yellow-legged frog within the impact area and a 500-foot
buffer zone no more than three days prior to the start of ground disturbance.
A qualified biologist will conduct daily surveys in scheduled ground disturbance
areas, including the powerhouse and tailrace, each day prior to initiating work.
If a listed species is detected in the project area,all work will stop, and the Service
will be contacted immediately. The animal will not be handled, and photos will be
provided to the Service if possible. The project biologist will contact the Service
immediately for further guidance. Project activities that may affect the newly
discovered individual or population will not be implemented until the Service
provides guidance.
The root structure of established vegetation will be protected where possible.
Erosion control measures will not contain monofilament.
Pump intakes will be screened with wire mesh no larger than 5 millimeters.
Prior to beginning work, workers will be trained on the federally listed species that
have potential to occur within the Project area. The training should cover listed
species identification and suitable habitats, measures to avoid and minimize
impacts to the species and their habitats, the workers’ responsibility to report
observations of federally listed species, and decontamination protocols (e.g.,
California Department of Fish and Wildlife (CDFW) Fieldwork Code of Practice,
Aquatic Invasive Species Decontamination Protocol) for equipment that may
make contact with aquatic habitats.
A stormwater pollution prevention plan will be developed prior to any ground
disturbance.
Fueling and oiling of equipment will be conducted in designated upland locations
with adequate spill prevention measures.
Additional measures can be found on pages 88 to 92 of the Initial Study/Mitigated
Negative Declaration document, page 2 of the initiation letter, page 1-4 of the Dam
Decommissioning Plan, pages 6 and 7 of the Water Quality Certification Application,
pages 4 and 5 of the Environmental Assessment, and page 5-1 of the License Surrender
Application.
Document Accession #: 20250915-3012 Filed Date: 09/15/2025
Document Content(s)
P-7242-060_Order.docx.....................................................1
Document Accession #: 20250915-3012 Filed Date: 09/15/2025