HomeMy WebLinkAbout10.09.25 Board Correspondence - FW_ Government Agency Submittal submitted in FERC P-619-000 by State Water Resources Control Board (CA),et al.From:Clerk of the Board
To:Clerk of the Board; Connelly, Bill; Cook, Holly; Cook, Robin; Durfee, Peter; Jessee, Meegan; Kimmelshue, Tod; Kitts, Melissa; Krater,
Sharleen; 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-619-000 by State Water Resources Control Board
(CA),et al.
Date:Thursday, October 9, 2025 4:39:26 PM
Please see Board Correspondence -
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Subject: Government Agency Submittal submitted in FERC P-619-000 by State Water Resources Control Board (CA),et al.
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On 10/9/2025, the following Filing was submitted to the Federal Energy Regulatory Commission (FERC), Washington D.C.:
Filer: State Water Resources Control Board (CA)
State Water Resources Control Board (CA) (as Agent)
Docket(s): P-619-000
Lead Applicant: Pacific Gas and Electric Company
Filing Type: Government Agency Submittal
Description: The California State Water Resources Control Board acknowledges receipt of Application for Water Quality
Certification from Pacific Gas and Electric Company for the Gravel Augmentation Project of the Bucks Creek Hydroelectric Project
under P-619.
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State Water Resources Control Board
October 9, 2025
Jim McKay
Hydro License Coordinator
Pacific Gas and Electricity Company
77 Beale Street
San Francisco, CA 94105
Sent via Email: j11v@pge.com
Bucks Creek Hydroelectric Project
Federal Energy Regulatory Commission Project No. 619
Plumas County
Bucks Creek, Grizzly Creek, Milk Ranch Creek, Tributaries to Milk Ranch Creek,
and Three Lakes Reservoir
APPLICATION FOR WATER QUALITY CERTIFICATION FOR THE GRAVEL
AUGMENTATION PROJECT ASSOCIATED WITH THE BUCKS CREEK
HYDROELECTRIC PROJECT
Dear Jim McKay:
On September 9, 2025, the State Water Resources Control Board (State Water Board)
received an application for a water quality certification (certification) from Pacific Gas
and Electric Company (PG&E) for the Gravel Augmentation Project (Project) associated
with the Bucks Creek Hydroelectric Project (Hydroelectric Project, Federal Energy
Regulatory Commission [FERC] Project No. 619) pursuant to section 401 of the Federal
Clean Water Act (CWA) (33 U.S.C. § 1341). The State Water Board Executive Director
issued the Project certification on October 22, 2020, and on June 16, 2022, FERC
issued a new license for the Project that included the certification conditions. This letter
serves as notification that the Project’s certification application is complete and pending
before the State Water Board in accordance with 40 Code of Federal Regulations part
121.
State Water Board staff understands the Project will require a CWA Section 404 permit
from the United States Army Corp of Engineers (USACE) and PG&E is pursuing
coverage under USACE’s Regional General Permit 16 - Aquatic Habitat Restoration
and Enhancement Activities. Certification is subject to completion of the California
Environmental Quality Act (CEQA) environmental review process, as described in the
CEQA section below. The State Water Board anticipates acting on the certification
request by September 9, 2026. The anticipated action date represents the categorical
reasonable period of time as described in the Memorandum of Understanding (MOU)
between the State Water Board, FERC, and USACE.
Document Accession #: 20251009-5086 Filed Date: 10/09/2025
Jim McKay - 2 - October 9, 2025
Clean Water Act Section 401 Certification
Section 401 of the Clean Water Act requires any applicant for a federal license or permit
for an activity that may result in any discharge to navigable waters to obtain certification
from the State that the project will comply with the applicable water quality
requirements, including the requirements of section 303 of the Clean Water Act
(33 U.S.C. § 1313) for water quality standards and implementation plans, “or any other
appropriate requirement of State law.” (33 U.S.C. § 1341(d).) Conditions of certification
shall become a condition of any federal license or permit subject to certification. (Ibid.)
The certification application, together with the other documents that are incorporated by
reference in the certification application, must meet the application filing requirements
specified in California Code of Regulations, title 23, section 3856, and in the federal
regulation applicable to state certification requests (40 C.F.R. § 121.5). The State Water
Board may request additional information to clarify, amplify, correct, or supplement
application contents, including evidence of compliance with appropriate requirements of
applicable water quality control plans. (Cal. Code Regs., tit. 23, § 3836.)
A certification is issued when the State Water Board determines that an application for
certification is complete and there is reasonable assurance that the project will comply
with water quality standards and other appropriate requirements of state law. A
determination to the contrary may result in denial of the certification application.
(Cal. Code Regs., tit. 23, § 3837, subd. (b)(1).)
California Environmental Quality Act
Issuance of a certification is a discretionary action under CEQA (Pub. Resources Code,
§ 21000 et seq.). The State Water Board is the lead agency for the purpose of CEQA
compliance.
Water Quality Control Plans
The State Water Board's certification must ensure compliance with water quality
standards and other appropriate requirements of state law, including but not limited to
those included in the Central Valley Regional Water Board’s Water Quality Control Plan
for the Sacramento River Basin and the San Joaquin River Basin (Basin Plan) (Central
Valley Regional Board, 2019). Water quality control plans designate the beneficial uses
of water that are to be protected (such as hydropower generation; water contact
recreation; non-contact water recreation; warm freshwater habitat; cold freshwater
habitat; wildlife habitat; rare, threatened, or endangered species; spawning,
reproduction, and/or early development; and freshwater replenishment), water quality
objectives for the reasonable protection of the beneficial uses and the prevention of
nuisance, and a program of implementation to achieve the water quality objectives.
(Wat. Code, §§ 13241, 13050, subds. (h), (i).) The beneficial uses, together with the
water quality objectives contained in water quality control plans, and applicable state
and federal anti-degradation requirements, constitute California's water quality
standards for purposes of the CWA.
Document Accession #: 20251009-5086 Filed Date: 10/09/2025
Jim McKay - 3 - October 9, 2025
If you have questions regarding this letter, please contact Bryan Muro, Project Manager,
by email at Bryan.Muro@waterboards.ca.gov or by telephone at (916) 327-8702. Hard
copy written correspondence or inquiries should be mailed to:
State Water Resources Control Board
Division of Water Rights – Water Quality Certification Program
Attn: Bryan Muro
P.O. Box 2000
Sacramento, CA 95812-2000
Sincerely,
Bryan Muro
Water Resources Control Engineer
Water Quality Certification Program
Division of Water Rights
ec:
Ms. Debbie-Ann Reese, Secretary
Federal Regulatory Energy Commission
Via eFiling to FERC Docket P-2426
Steve Hance
City of Santa Clara
SHance@SantaClaraca.gov
Leigh Bartoo
United States Fish and Wildlife Service
aondrea_bartoo@fws.gov
Leslie Edlund
United States Department of Agriculture
leslie.edlund@usda.gov
Erika Brenzovich
United States Forest Service
erika.brenzovich@usda.gov
Michael Maher
California Department of Fish and Wildlife
michael.maher@wildlife.ca.gov
Document Accession #: 20251009-5086 Filed Date: 10/09/2025
Jim McKay - 4 - October 9, 2025
Amber Mouser
California Department of Fish and Wildlife
Amber.Mouser@wildlife.ca.gov
Jason Julienne
California Department of Fish and Wildlife
Jason.Julienne@wildlife.ca.gov
Patrick Pulupa, Executive Officer
Central Valley Regional Water Quality Control Board
Patrick.Pulupa@waterboards.ca.gov
Larry Wise Jr.
Pacific Gas and Electric Company
LMWO@pge.com
Jamie Visinoni
Pacific Gas and Electric Company
JNVS@pge.com
Tony Gigliotti
Pacific Gas and Electric Company
T1GF@pge.com
Document Accession #: 20251009-5086 Filed Date: 10/09/2025
Document Content(s)
BucksCreek_GravelAugmentation_30-DayLetter.pdf ...........................1
Document Accession #: 20251009-5086 Filed Date: 10/09/2025