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Home My WebLink About07.03.2024 Board Correspondence - FW_ FERC Correspondence With Government Agencies issued in FERC P-803-122From:Clerk of the Board To:BOS; Loeser, Kamie Cc:Nevers, Dawn Subject:Board Correspondence - FW: FERC Correspondence With Government Agencies issued in FERC P-803-122 Date:Wednesday, July 10, 2024 8:24:48 AM Please see Board Correspondence. LeAnne Hancock Management Analyst I Butte County Administration T. 530.552.3314 -----Original Message----- From: 'FERC eSubscription' <eSubscription@ferc.gov> Sent: Wednesday, July 3, 2024 9:25 AM Subject: FERC Correspondence With Government Agencies issued in FERC P-803-122 .ATTENTION: This message originated from outside Butte County. Please exercise judgment before opening attachments, clicking on links, or replying.. On 7/3/2024, the Federal Energy Regulatory Commission (FERC), Washington D.C., issued this document: Docket(s): P-803-122 Lead Applicant: Pacific Gas and Electric Company Filing Type: FERC Correspondence With Government Agencies Description: Letter to National Marine Fisheries Service discussing the request for concurrence with determinations under Section 7 of the Endangered Species Act etc. for the DeSabla-Centerville Project under P-803. 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Comments and Suggestions can be sent to this email address: mailto:FERCOnlineSupport@Ferc.gov FEDERAL ENERGY REGULATORY COMMISSION Washington D.C. 20426 OFFICE OF ENERGY PROJECTS Project No. 803-122 DeSabla-Centerville Project Pacific Gas and Electric Company July 3, 2024 VIA ELECTRONIC MAIL Ms. Cathy Marcinkevage National Marine Fisheries Service West Coast Regional Office ccvo.consultationrequests@noaa.gov Subject: Request for concurrence with determinations under section 7 of the Endangered Species Act and Magnuson-Stevens Fishery Conservation and Management Act Dear Ms. Marcinkevage: The purpose of this letter is to request concurrence from the National Marine Fisheries Service (NMFS) with our determination under section 7 of the Endangered Species Act that granting a temporary variance of the minimum flow requirements for the DeSabla-Centerville Hydroelectric Project No. 803, located on Butte Creek, West Branch Feather River, and their tributaries in Butte County, California. We conclude that the proposed action is likely to affect, but not likely to adversely affect, federally-listed Central Valley (CV) spring-run Chinook salmon and California Central Valley (CCV) steelhead, and their critical habitats. This watershed also contains Pacific Coast Salmon essential fish habitat (EFH) for Chinook salmon, as designated under the Magnuson- Stevens Fishery Conservation and Management Act (MSA). We have determined that the temporary variance, as proposed, will not adversely affect Pacific Coast Salmon EFH. Background On June 13, 2024, Pacific Gas and Electric Company (licensee) filed a request with the Federal Energy Regulatory Commission (Commission) for a temporary variance Document Accession #: 20240703-3037 Filed Date: 07/03/2024 Project No. 803-122 -2- of the minimum flow requirements under Article 39 1 of its project license.2 The project area is located within the range of the federally-listed California Central Valley steelhead, as well as Central Valley spring-run Chinook salmon and its critical habitat. Article 39 of the project license requires that the licensee maintain minimum stream flows at various project locations. In particular, the licensee is required to maintain year-round instantaneous minimum flows of 7 cubic feet per second (cfs) in the West Branch Feather River below Hendricks Head Diversion Dam. In addition, the licensee is required to release 2 cfs from Philbrook Reservoir into Philbrook Creek during all water year types. Commission staff consider the baseline conditions for the proposed action to be current project operations and the existing license requirements under license Article 39. Proposed Action The licensee is requesting a temporary variance of the minimum flow requirements in the West Branch Feather River below the Hendricks Head Dam (gage BW-40) and in Philbrook Creek below Philbrook Dam (gage BW-3). The licensee requests that the instantaneous minimum instream flow requirement at Hendricks Head Dam be temporarily modified to a target between 7 to 15 cfs, 48-hour average minimum instream flow and that the instantaneous minimum instream flow in Philbrook Creek below Philbrook Reservoir be temporarily modified to a target between 1 to 2 cfs, 48- hour average minimum instream flow. The licensee states that the temporary variance would eliminate the need to release additional buffer flows and instead, allocate those flows to the lower reaches of Butte Creek, where spring-run Chinook salmon are currently holding.3 Additionally, the licensee states that the proposed variance would preserve cold water storage in Philbrook Reservoir, increase flow to Butte Creek via the Hendricks Canal, and decrease water residence time in the DeSabla Forebay, thus providing additional water to Butte Creek during the hot summer months to minimize high temperature effects to Central Valley spring-run Chinook salmon. However, as explained below, the proposed action would 1 Order Amending Revised Exhibit S (26 FERC ¶ 62,236), issued March 15, 1984. 2 Order Issuing License (Major) (11 FERC ¶ 62,207), issued June 12, 1980. 3 Spring-run Chinook typically are impeded in their migration in the vicinity of the quartz pool, located approximately one mile downstream (south) of the Lower Centerville Diversion Dam, while the upstream extent of steelhead migration is the Lower Centerville Diversion Dam itself. See appendix for locations of project facilities. Document Accession #: 20240703-3037 Filed Date: 07/03/2024 Project No. 803-122 -3- have ancillary benefits to Central Valley steelhead. During the proposed variance, the licensee would also: hold weekly meetings with the resource agencies; make operational adjustments in consultation with the resource agencies; monitor and provide weekly flow changes to the resource agencies; and notify the resource agencies of any event that significantly inhibits or impairs release structures. The licensee requests the variance until September 30, 2024. Analysis Prior to filing its request with the Commission, the licensee requested technical support from NMFS staff on the proposed variance, which included meetings and email correspondence. This effort culminated in a June 12, 2024 email from NMFS staff in support of the variance. In its June 13, 2024 filing, the licensee provides an analysis of the potential effects of the proposed variance.4 The following provides an overview of the proposed variance and Commission staff’s effect determination. The licensee’s proposed variance would reallocate water supply in the upper watershed with the broader objective of reserving water supply and decreasing water temperatures in the lower watershed, where spring-run Chinook salmon are holding. Currently, the lower Centerville Diversion Dam on Butte Creek (see figure 1) is the upstream extent of migration where fish passage is currently blocked. The proposed variance would reduce instream flows in Philbrook Creek below Philbrook Dam and in the West Branch Feather River below Hendricks Head Diversion Dam. These locations are outside of the range of federally-listed migratory salmonids, which are blocked by the Feather River Fish Barrier Dam, located downstream of Lake Oroville. However, the remaining 1-2 cfs alternative flow in Philbrook Creek would replicate that which was implemented during previous drought variances and should ensure adequate flow and reduced water temperatures for a nominal fishery located below the reservoir comprised of rainbow and brown trout. Approval of the licensee’s request would reduce flows in Philbrook Creek by up to 1 cfs, or 50% below the required flow of 2 cfs. The reduced instream flows would allow for cold-water pool and reservoir storage conservation, which would prolong cold water released later into the summer months. Downstream of Philbrook Dam, Philbrook 4 The licensee’s filing can be found at: https://elibrary.ferc.gov/eLibrary/filelist?accession_Number=20240613- 5010&optimized=false Document Accession #: 20240703-3037 Filed Date: 07/03/2024 Project No. 803-122 -4- Creeks meets with the West Branch Feather River before meeting the Hendricks Head Diversion Dam. At the Hendricks Head Diversion Dam, the licensee would forego releasing buffer flows, with these flows instead being diverted to the Hendricks Canal, through the DeSabla Forebay where they would then pass through the DeSabla Powerhouse before joining Butte Creek. The increased flows in Hendricks canal would also reduce residence time and warming, which would otherwise occur in the DeSabla Forebay, thus increasing flow and decreasing water temperatures in Butte Creek. Similar to Philbrook Creek, the West Branch Feather River contains a fishery primarily composed of small rainbow and brown trout, with additional brook trout, Sacramento sucker, and other cyprinids. The proposed variance would also replicate previous drought-related variances and would result in a closer approximation of the 7 cfs required minimum flow, while still providing the flows considered adequate under the current license to provide habitat for resident fish species in a dry water year. As a result of the modified water allocations, Commission staff conclude that the proposed action would benefit CV spring-run Chinook salmon by reducing water temperatures in Butte Creek, which would otherwise increase gradually with higher ambient temperatures in the summer and fall, thus reducing risk of mortality associated with elevated water temperatures and ensuing stress and disease. In addition, the proposed action would benefit juvenile steelhead, which may be present in the system below Lower Centerville Diversion Dam through reduced temperatures. The increased flows would also increase available aquatic habitat in Butte Creek. Overall, the proposed variance would be wholly beneficial to aquatic resources in Butte Creek below Lower Centerville Diversion Dam, including federally-listed CV spring-run Chinook salmon and CCV steelhead and their critical habitat. Due to the urgent nature of the variance, Commission staff have not conducted a comprehensive analysis of every single alternative for conserving water and reducing water temperatures in lower Butte Creek. Rather, the proposed variance was developed in consultation with the resource agencies and constitutes a best management approach to balancing multiple competing interests and project purposes while ensuring instream flows for other aquatic species and promoting water rights. Conclusion Commission staff have reviewed the licensee’s June 13, 2024 filing, and adopts the findings therein as part of this analysis. In addition, Commission staff are including Document Accession #: 20240703-3037 Filed Date: 07/03/2024 Project No. 803-122 -5- by reference, letters of support from the California Department of Fish and Wildlife and U.S. Fish and Wildlife Service.5 Owing to the purely beneficial nature of the proposed variance, Commission staff conclude that the proposed variance may affect, but is not likely to adversely affect CCV steelhead or CV spring-run Chinook salmon or their critical habitat. Therefore, we do not believe that formal consultation is required under the Endangered Species Act. Please tell us in writing within 60 days if you do or do not agree with our assessment. Considering the urgent nature of this request, we would appreciate an expedited review and response. The Commission strongly encourages electronic filing. Please file your response using the Commission’s eFiling system at http://www.ferc.gov/docsfiling/efiling.asp. For assistance, please contact FERC Online Support at FERCOnlineSupport@ferc.gov, (866) 208-3676 (toll free), or (202) 502-8659 (TTY). In lieu of electronic filing, please send a paper copy. Submissions sent via the U.S. Postal Service must be addressed to: Debbie-Anne A. Reese, Acting Secretary, Federal Energy Regulatory Commission, 888 First Street NE, Room 1A, Washington, DC 20426. Submissions sent via any other carrier must be addressed to: Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 12225 Wilkins Avenue, Rockville, Maryland 20852. The first page of any filing should include docket number P-803-122. 5 The resource agency’s letters of support are found in the licensee’s June 13, 2024 filing. Document Accession #: 20240703-3037 Filed Date: 07/03/2024 Project No. 803-122 -6- Thank you for your assistance. If you have any questions concerning this letter, please contact Mr. John Aedo at (415) 369-3335 or at john.aedo@ferc.gov. Sincerely, Andrea Claros Chief, Aquatic Resources Branch Division of Hydropower Administration and Compliance cc: VIA FERC SERVICE Ms. Stephanie Maggard Pacific Gas and Electric Company 300 Lakeside Drive Oakland, CA 94612 ANDREA CLAROS Digitally signed by ANDREA CLAROS Date: 2024.07.03 11:41:31 -04'00' Document Accession #: 20240703-3037 Filed Date: 07/03/2024 Project No. 803-122 -7- Appendix- Locations of major project facilities. (Source: PG&E, as modified by staff) Notes: 1-Inskip Creek, 2-Kelsey Creek, 3-Stevens Creek, 4-Clear Creek, 5-Little Butte Creek, 6-Little West Fork, 7-Cunningham Ravine, 8-Long Ravine, 9-Oro Fino Ravine, 10-Emma Ravine,11-Coal Claim Ravine, 12-Helltown Ravine. Document Accession #: 20240703-3037 Filed Date: 07/03/2024 Document Content(s) P-803-122 nmfs letter.pdf.................................................1 Document Accession #: 20240703-3037 Filed Date: 07/03/2024