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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 - -----Original Message----- From: 'FERC eSubscription' <eSubscription@ferc.gov> Sent: Thursday, October 9, 2025 11:50 AM Subject: Government Agency Submittal submitted in FERC P-619-000 by State Water Resources Control Board (CA),et al. .ATTENTION: This message originated from outside Butte County. Please exercise judgment before opening attachments, clicking on links, or replying.. 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