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HomeMy WebLinkAbout10.28.24 Board Correspondence - FW_ Environmental and Recreational Compliance Report submitted in FERC P-2107-000 by Pacific Gas and Electric Company,et al.From:Clerk of the Board To:Bennett, Robin; Clerk of the Board; Connelly, Bill; Cook, Holly; Cook, Robin; Durfee, Peter; Jessee, Meegan; Kimmelshue, Tod; Kitts, Melissa; Lee, Lewis; Pickett, Andy; Ritter, Tami; Stephens, Brad J.; Sweeney, Kathleen; Teeter, Doug; Zepeda, Elizabeth; Loeser, Kamie Cc:Nevers, Dawn Subject:FW: Environmental and Recreational Compliance Report submitted in FERC P-2107-000 by Pacific Gas and Electric Company,et al. Date:Wednesday, October 30, 2024 4:57:23 PM -----Original Message----- From: 'FERC eSubscription' <eSubscription@ferc.gov> Sent: Monday, October 28, 2024 6:15 AM Subject: Environmental and Recreational Compliance Report submitted in FERC P-2107-000 by Pacific Gas and Electric Company,et al. .ATTENTION: This message originated from outside Butte County. Please exercise judgment before opening attachments, clicking on links, or replying.. On 10/24/2024, the following Filing was submitted to the Federal Energy Regulatory Commission (FERC), Washington D.C.: Filer: Pacific Gas and Electric Company Pacific Gas & Electric Company (as Agent) Docket(s): P-2107-000 Lead Applicant: Pacific Gas and Electric Company Filing Type: Environmental and Recreational Compliance Report Description: Pacific Gas and Electric Company submits requests for a temporary amendment from the minimum instream flow re the Poe Hydroelectric Project under P-2107. To view the document for this Filing, click here https://urldefense.com/v3/__https://elibrary.ferc.gov/eLibrary/filelist?accession_num=20241024- 5203__;!!KNMwiTCp4spf!D6KmX_1o2tkQyNlbNtf6cndyTxSKQ8aPqsxwbAuIDnYBChnI2myr7bKOOUBPgvq222lnzg5q0W2le36YP9apaOH75gPM9HhmkfEe$ To modify your subscriptions, click here: ------------------------------------------------------------------------ Please do not respond to this email. Online help is available here: https://urldefense.com/v3/__http://www.ferc.gov/efiling-help.asp__;!!KNMwiTCp4spf!D6KmX_1o2tkQyNlbNtf6cndyTxSKQ8aPqsxwbAuIDnYBChnI2myr7bKOOUBPgvq222lnzg5q0W2le36YP9apaOH75gPM9OMusGoR$ or for phone support, call 866-208-3676. Power Generation 300 Lakeside Drive Oakland, CA 94612 Mailing Address: P.O. Box 28209 Oakland, CA 94604 October 24, 2024 Via Electronic Submittal (E-File) Debbie-Anne Reese, Secretary Federal Energy Regulatory Commission 888 First Street, N.E. Washington, D.C. 20426 RE: Poe Hydroelectric Project, FERC No. 2107 Poe Dam, NATDAM No. CA00328 Minimum Instream Flow and Tributary Access Monitoring Temporary Amendment Request Dear Secretary Reese: This letter respectfully requests a temporary amendment from the minimum instream flow (MIF) requirements from June 1, 2025, through November 1, 2025, for Pacific Gas and Electric Company’s (PG&E) Poe Hydroelectric Project, Federal Energy Regulatory Commission (FERC) No. 2107 (Project). The MIF temporary amendment will impact tributary access monitoring; therefore, PG&E also respectfully requests to defer the additional year of Poe tributary access monitoring, if 2025 is classified as a Critically Dry Water Year Type. The MIF temporary amendment is needed to address maintenance recommendations from the 2019 California Department of Water Resources Division of Safety of Dams (DSOD) annual inspection; specifically, recoating the radial bypass gate and replacement of seals. Additionally, the MIF temporary amendment will allow PG&E to replace the radial bypass gate hoist and controls for flow use. These items are critical to maintain the radial bypass gate and hoist system functionality. The recoating of the radial bypass gate, replacement of the seals, radial bypass gate hoist, and controls will all occur under this requested MIF temporary amendment. License Requirements On December 17, 2018, FERC issued a new license to PG&E for the Project. The license incorporates California State Water Resources Control Board (SWRCB) Water Quality Certification (WQC) Conditions and United States Department of Agriculture, Forest Service (Forest Service) 4(e) Conditions were included as appendices A and B, respectively. WQC Condition 1 and 4(e) Condition No. 23 specify MIFs. These MIFs are determined by Water Year Type and month (Table 1). Document Accession #: 20241024-5203 Filed Date: 10/24/2024 Debbie-Anne Reese, Secretary October 24, 2024 Page 2 Article 401 of the Poe license contains the following requirement for planned deviations from license requirements: Three Water Board conditions in Appendix A and three Forest Service conditions in Appendix B would allow the licensee to temporarily modify project operations under certain conditions. The Commission must be notified prior to implementing such modifications, if possible, or in the event of an emergency, as soon as possible, but no later than 10 days after each such incident. The California Department of Fish and Wildlife and the U.S. Fish and Wildlife Service must also be notified prior to implementing any modifications to minimum flows required by certification condition no. 1 and Forest Service condition no. 23 (Part 1). Table 1. Minimum streamflow measured in cubic feet per second (cfs) as determined by Water Year Type and month. Month Water Year Type2 Wet Normal Dry Critically Dry October 250 250 180 180 November 275 275 180 180 December 300 300 180 180 January 325 300 180 180 February 350 325 225 225 March 350 350 300 300 April 400 400 325 300 May 500 400 350 300 June 500 400 350 300 July 500 400 350 300 August 500 400 350 300 September 400 350 300 250 The Poe Ramping Rate Plan (RRP), approved by FERC on March 27, 2023, states the following ramping limits: Up-Ramping Maximum • October 1 through February 28/29 - 400 cfs/hour up-ramp • March 1 through September 30 - 250 cfs/hour up-ramp Down-Ramping Maximum • Year-Round - 150 cfs/hour down-ramp Document Accession #: 20241024-5203 Filed Date: 10/24/2024 Debbie-Anne Reese, Secretary October 24, 2024 Page 3 The RRP also contains two Spill Recession Protocols (Table 2). These spill recession protocols are to be initiated as follows: 1. From April 15 through July 31, for any high flow spill event that exceeds 800 cfs, PG&E will implement a recession protocol with an initial RTU [Remote Terminal Unit(s)] setpoint of 800 cfs; when spills recede to this flow, PG&E will meet or exceed this flow for the first day and thereafter reduce the outflow target at a rate not to exceed 10% per day until baseflow is reached… 2. Beginning midnight May 15, if spill has been continuously over 1,200 cfs since May 1, PG&E will implement an extended recession protocol with an initial RTU setpoint of 1,200 cfs; when spills recede to this flow, PG&E will meet or exceed this flow for the first 7 days, and thereafter reduce the outflow target at a rate not to exceed 10% per day until total release reaches 800 cfs; PG&E will hold the 800 cfs target for 7 days, after which PG&E will reduce the outflow target at a rate not to exceed 10% every 2 days until baseflow is reached… Table 2. Spill Recession Protocols Target Flow, total releases below Poe Dam (cfs) Day Protocol 1: Trigger Flow is 800 cfs Day Protocol 2: Trigger Flow is 1,200 cfs sustained 1 800 1-7 1,200 2 720 8 1,080 3 648 9 972 4 583 10 875 5 525 11-17 800 6 472 18-19 720 7 425 20-21 648 8 383 22-23 583 9 344 24-25 525 10 310 26-27 472 … 10% every day until baseflow based on WY type … 10% every two days until baseflow based on WY Type Background At the 2019 Annual DSOD Inspection of Poe Dam, DSOD noted that the radial bypass gate needed to be recoated and have the seals replaced. During 2020, the Poe Dam radial bypass gate hoist experienced a mechanical failure causing a MIF deviation. Repairs have been made to the hoist. Additional repairs are needed to increase reliability and operating frequency. PG&E will install a cofferdam to compete both projects and the utilization of the Document Accession #: 20241024-5203 Filed Date: 10/24/2024 Debbie-Anne Reese, Secretary October 24, 2024 Page 4 cofferdam will require the MIF to temporarily be lowered to 100 cfs, from June 1, 2025, through November 1, 2025. The radial bypass gate project was originally scheduled for 2023 and PG&E submitted an authorization request to FERC’s San Francisco Regional Office (SFRO) on May 10, 2023. To support this work, PG&E submitted an amendment request to FERC’s Division of Hydropower Administration and Compliance (DHAC) on April 7, 2023, and supplemented it on May 30, June 9, July 3, and July 7, 2023. On July 28, 2023, DHAC approved the amendment request; however, SFRO did not approve PG&E’s authorization request. On August 24, 2023, SFRO provided comments on PG&E’s authorization request. PG&E responded to SFRO on November 10, 2023, SFRO responded to PG&E on February 14, 2024, and PG&E provided three additional responses dated February 14, 2024, April 5, 2024, and July 1, 2024. PG&E believes that all SFRO’s comments have been satisfactorily addressed and is waiting for SFRO’s approval of the work. SWRCB Condition 13 and Forest Service 4(e) Condition 23 required PG&E to create and file with FERC a Tributary Access Monitoring Plan, which was approved by FERC July 23, 2020. The objective of this plan is to characterize the response to the new license -required flows on various resources through monitoring and analysis. In an order dated July 28, 2023, FERC required PG&E to conduct an additional year of Poe tributary access monitoring and seek agreement of the substitute monitoring year with the Californi a State Water Resources Control Board, Forest Service, United States Fish and Wildlife Service, and California Department of Fish and Wildlife (collectively, Agencies). PG&E and the Agencies agreed to conduct tributary monitoring during the next Critically Dry Water Year Type to observe passage during lower license required MIF. This was communicated to FERC in a letter dated July 3, 2024. On October 15, 2024, PG&E filed an authorization request to replace the radial bypass gate hoist and controls. PG&E has yet to receive a response from SFRO on this request. Operating Plan PG&E complies with MIFs by releasing water from the radial bypass gate. However, with the cofferdam installed upstream of the radial bypass gate, PG&E can only provide streamflow through an existing 36” pipe. The pipe capacity allows a release of approximately 100 cfs to 150 cfs, depending on reservoir elevation. This pipe will be left fully open to allow the highest streamflow possible. However, to preserve some operational flexibility and allow a compliance buffer, PG&E respectfully requests for MIF to be lowered to 100 cfs from June 1, 2025, through November 1, 2025 , measured at NF23. PG&E plans to implement a multi-week down-ramp at a target rate of one foot per three weeks, measured at NF23, from the license MIF to 100 cfs plus buffer. Operationally, this will be met by making downward adjustments in flow once or twice per week. The flow adjustments will not exceed the maximum hourly down-ramp rate of 150 cfs/hour. If Spill Recession Protocol 1 or 2 is initiated, there may not be enough time to implement the Document Accession #: 20241024-5203 Filed Date: 10/24/2024 Debbie-Anne Reese, Secretary October 24, 2024 Page 5 multi-week down-ramp target rate of one foot per three weeks. In this instance, PG&E requests the flexibility to follow Spill Recession Protocol 1 or 2 of 10% flow reduction every day or every two days, respectively, until the amended MIF of 100 cfs (plus buffer) is reached. These proposed ramping rates are more conservative than the license required ramping rates. Consequently, PG&E will comply with the license required ramping rates during this temporary amendment of MIF. The down-ramp will be initiated with adequate time to reach the amended flow before construction begins in August. There is some uncertainty in the necessary length of the ramp period as the starting summer MIF will not be known until the May Bulletin 120 sets the final Water Year Type (WYT). Agency Consultation PG&E began agency consultation for this flow modification request by meeting with the SWRCB, Forest Service, United Stated Fish and Wildlife Service (USFWS), and California Department of Fish and Wildlife (CDFW) (Agencies) on July 29, 2024. The SWRCB and Forest Service were sent the temporary amendment request on September 9, 2024, and CDFW and USFWS were notified of the temporary amendment request concurrently. The SWRCB requested on September 11, 2024, that the temporary WQC amendment be sent to the SWRCB Executive Director. Comments from USFWS were received September 13, 2024, and September 27, 2024. PG&E held a meeting with the SWRCB on October 7, 2024, to clarify the temporary WQC amendment request. Comments were received from CDFW and the Forest Service on October 9, 2024 , requesting a meeting to be scheduled with PG&E to further discuss the temporary amendment. The amendment request was sent to the SWRCB Executive Director on October 10, 2024, and resubmitted on October 15, 2024. PG&E emailed the Agencies on October 15, 2024, to schedule a meeting to discuss comments on the temporary amendment requests. Biological Evaluation and Environmental Impacts PG&E’s staff scientist and biologists have reviewed the potential adverse effects to the resources in the Poe Bypass Reach that may result from this MIF temporary amendment. Their review is summarized in the sections below by resource. Water Quality The impacts to water temperature resulting from the flow variance are not known and are likely to be non-detectable. Flows in the North Fork Feather River are typically low in the summer and have a significantly reduced capacity to transport fine sediments. So, the flow variance will not result in sediment loads significantly different from those during the summer months without the flow variance. Document Accession #: 20241024-5203 Filed Date: 10/24/2024 Debbie-Anne Reese, Secretary October 24, 2024 Page 6 Amphibians The North Feather Distinct Population Segment of the f oothill yellow-legged frog (Rana boylii; FYLF) was listed as threatened by USFWS on September 28, 2023. Surveys for FYLF are ongoing within the Poe Project (Poe Amphibian Monitoring Plan), having occurred yearly since relicensing studies were first implemented in 2000. FYLF are known to breed throughout the Poe Reach, including at Monitoring Site 7 just downstream of the work area. Egg laying has occurred between mid-April through early-June, with onset and duration dependent on spring flows. Tadpoles can be present in the river through August but are mobile and most are capable of moving with changing flows. The lower MIF proposed by this amendment should not impact FYLF breeding or rearing, however the transition from the license required baseflow to the construction required flow could cause stranding of egg masses and/or tadpoles. To minimize impacts and protect these vulnerable lifestages, PG&E will not exceed a ramping rate of one foot over three weeks or 10% flow reduction every two days (Spill Recession Protocol 2). Once WYT is designated, back-calculations will be made to determine a June or July start date to begin implementing the down-ramp, allowing the MIF to be reached prior to the start of construction. During the down-ramp performed in 2023 (prior to the USFWS listing), PG&E observed stranding of 1% of tadpoles while 12% of tadpoles observed were rescued from stranding and moved out of harm’s way. The down-ramp has the potential to strand egg masses and/or tadpoles the amendment may affect, and is likely to adversely affect, FYLF. PG&E will request to be FERC’s non-federal representative to conduct formal Section 7 consultation with the USFWS. This will allow PG&E and the USFWS to develop conservation measures to minimize effects and to allow for FYLF lifestages to be moved out of harm’s way, should potential stranding be observed during the down-ramp. Fish Based on 2021 – 2023 fish surveys in the Poe Bypass Reach, fishes that occur in the reach include mostly native fish species - Sacramento sucker (Catostomus occidentalis), hardhead (Mylopharodon conocephalus), Sacramento pikeminnow (Ptychochelius grandis), riffle sculpin (Cottus gulosus), and resident rainbow trout (Oncorhynchus mykiss), specked dace (Rhinichthys osculus). Non-native species observed included smallmouth bass (Micropterus dolomieu). Hardhead are a Forest Service sensitive species and riffle sculpin are a CDFW species of special concern. The timing of this project will not affect the breeding season which generally is from February – April for all native fish species in the Poe Bypass Reach. The amendment is planned to start in the June to July timeline during the rearing season for young of the year. During this period, the young of the year will be big enough to respond to the proposed flow down-ramp. Document Accession #: 20241024-5203 Filed Date: 10/24/2024 Debbie-Anne Reese, Secretary October 24, 2024 Page 7 As described in the water quality section, temperature, turbidity, or sedimentation is not expected to impact fishes or other aquatic organisms. Conclusion PG&E respectfully requests a temporary amendment to lower MIF to 100 cfs, from June 1, 2025, through November 1, 2025. This proposed MIF has been analyzed by PG&E biologists and is twice as high as the MIF from the previous license, which was 50 cfs year-round. The Project operated at those flows for over 50 years and no significant environmental impacts were observed in the reach. If 2025 is a Critically Dry Water Year Type, PG&E respectfully requests that the additional year of monitoring agreed to by Agencies and PG&E be delayed until the next Critically Dry Water Year Type. This is consistent with the goals of the Tributary Access Monitoring Plan. The same amount of monitoring will be collected, the schedule will just be pushed into the future. These temporary amendments are needed to address recommendations from the 2019 DSOD inspection and to perform equipment replacement for increased reliability and improved operating frequency. Once concurrence from the SWRCB and Forest Service are obtained, PG&E will file those letters with FERC. To accommodate the construction schedule, please respond with approval by January 31, 2024. Documentation of agency consultation is provided as (Enclosure 1). For questions, please contact PG&E’s license coordinator, Anna Urias, at (530) 201-1961. Sincerely, Matthew Joseph Supervisor, Hydro License Management Enclosure: 1. Agency Consultation cc: See Attached List Document Accession #: 20241024-5203 Filed Date: 10/24/2024 Debbie-Anne Reese, Secretary October 24, 2024 Page 8 cc: via email w/enclosure Nathan Fish, SWRCB – Nathan.Fish@waterboards.ca.gov Jessica Dyke, SWRCB – Jessica.Dyke@waterboards.ca.gov Leslie Edlund, Forest Service - leslie.edlund@usda.gov Kurt Sable, Forest Service – kurt.sable@usda.gov Loren Everest, Forest Service – loren.everest@usda.gov Erika Brenzovich, Forest Service - erika.brenzovich@usda.gov Dawn Alvarez, Forest Service - dawn.alvarez@usda.gov Leigh Bartoo, USFWS - Aondrea_Bartoo@fws.gov Beth Lawson, CDFW - Beth.Lawson@wildlife.ca.gov Michael Maher, CDFW – Michael.Maher@wildlife.ca.gov Document Accession #: 20241024-5203 Filed Date: 10/24/2024 ENCLOSURE 1 Document Accession #: 20241024-5203 Filed Date: 10/24/2024 From:Urias, Anna To:Sable, Kurt - FS, CA; Fisch, Nathan@Waterboards; Dyke, Jessica@Waterboards; Everest, Loren - FS, CA; Bartoo, Aondrea; Brenzovich, Erika - FS, CA; Alvarez, Dawn - FS, CA; Lawson, Beth@Wildlife; Maher, Michael@Wildlife; Edlund, Leslie - FS, CA; Hopson, Rick - FS, CA; Phipps, Jacqueline - FS, CA Cc:Ramirez-Doble, Sky; McKay, Jim; Bennett, Jim; Reyes, Catalina; Herman, Andie; Stevens, Kevin; Salve, Rohit Bcc:Joseph, Matthew Subject:RE: [EXTERNAL] MIF Variance Notification for Poe Hydroelectric Project, Federal Energy Regulatory Commission (FERC) No. 2107 Date:Tuesday, October 15, 2024 10:53:00 AM Attachments:Att. 1-Poe MIF Variance.pdf image002.png image003.png image004.png image005.png Hi folks, This email presents a meeting invite to discuss PG&E’s minimum instream flow and tributary access monitoring temporary amendment requests (attached) for PG&E’s Poe Hydroelectric Project, Federal Energy Regulatory Commission (FERC) No. 2107. Please use the doodle link below to select your availability for a meeting by the end of this week. https://doodle.com/meeting/participate/id/e53kWYYb Regards, A N N A U R I A S H Y D R O L I C E N S E C O O R D I N A T O R I P O W E R G E N E R A T I O N P A C I F I C G A S & E L E C T R I C C O M P A N Y ( 5 3 0 ) 2 0 1 - 1 9 6 1 I A X U S @ P G E . C O M From: Urias, Anna <AXUS@pge.com> Sent: Monday, October 14, 2024 4:46 PM To: Sable, Kurt - FS, CA <kurt.sable@usda.gov> Cc: Ramirez-Doble, Sky <S9RV@pge.com>; Joseph, Matthew <MWJA@pge.com>; Fisch, Nathan@Waterboards <Nathan.Fisch@Waterboards.ca.gov>; Dyke, Jessica@Waterboards <Jessica.Dyke@Waterboards.ca.gov>; Everest, Loren - FS, CA <loren.everest@usda.gov>; Bartoo, Aondrea <aondrea_bartoo@fws.gov>; Brenzovich, Erika - FS, CA <erika.brenzovich@usda.gov>; Alvarez, Dawn - FS, CA <dawn.alvarez@usda.gov>; Lawson, Beth@Wildlife <Beth.Lawson@wildlife.ca.gov>; Maher, Michael@Wildlife <Michael.Maher@wildlife.ca.gov>; Edlund, Leslie - FS, CA <leslie.edlund@usda.gov>; Hopson, Rick - FS, CA <Richard.Hopson@usda.gov>; Phipps, Jacqueline - FS, CA <Jacqueline.Phipps@usda.gov> Subject: RE: [EXTERNAL] MIF Variance Notification for Poe Hydroelectric Project, Federal Energy Regulatory Commission (FERC) No. 2107 Hi Kurt, Document Accession #: 20241024-5203 Filed Date: 10/24/2024 Thank you for your comments on PG&E’s MIF variance request. I will be sending out a doodle poll this week to schedule a meeting between PG&E and agencies to further discuss the variance. Regards, A N N A U R I A S H Y D R O L I C E N S E C O O R D I N A T O R I P O W E R G E N E R A T I O N P A C I F I C G A S & E L E C T R I C C O M P A N Y ( 5 3 0 ) 2 0 1 - 1 9 6 1 I A X U S @ P G E . C O M From: Sable, Kurt - FS, CA <kurt.sable@usda.gov> Sent: Wednesday, October 9, 2024 5:59 PM To: Urias, Anna <AXUS@pge.com> Cc: Ramirez-Doble, Sky <S9RV@pge.com>; Joseph, Matthew <MWJA@pge.com>; Fisch, Nathan@Waterboards <Nathan.Fisch@Waterboards.ca.gov>; Dyke, Jessica@Waterboards <Jessica.Dyke@Waterboards.ca.gov>; Everest, Loren - FS, CA <loren.everest@usda.gov>; Bartoo, Aondrea <aondrea_bartoo@fws.gov>; Brenzovich, Erika - FS, CA <erika.brenzovich@usda.gov>; Alvarez, Dawn - FS, CA <dawn.alvarez@usda.gov>; Lawson, Beth@Wildlife <Beth.Lawson@wildlife.ca.gov>; Maher, Michael@Wildlife <Michael.Maher@wildlife.ca.gov>; Edlund, Leslie - FS, CA <leslie.edlund@usda.gov>; Hopson, Rick - FS, CA <Richard.Hopson@usda.gov>; Phipps, Jacqueline - FS, CA <Jacqueline.Phipps@usda.gov> Subject: RE: [EXTERNAL] MIF Variance Notification for Poe Hydroelectric Project, Federal Energy Regulatory Commission (FERC) No. 2107 Classification: Public CAUTION: EXTERNAL SENDER! This email was sent from an EXTERNAL source. Do you know this person? Are you expecting this email? Are you expecting any links or attachments? If suspicious, do not click links, open attachments, or provide credentials. Don't delete it. Report it by using the "Report Phish" button. Hello Anna, Thank you for the chance to comment. As our partner agencies have stated, there are concerns with this flow variance and we are not yet ready to write a concurrence letter. There are several resource concerns with the lower instream flows, particularly in the heat of the summer; specifically the foothill yellow-legged frog breeding season and temperature concerns for cold water fish in the North Fork Feather River. Current instream flows were decided on after rigorous analysis and numerous negotiations. The effects of these lower flows need to be considered in light of our current understanding of this system. The Forest Service would also like to meet with PG&E personal to discuss options and hear what may Document Accession #: 20241024-5203 Filed Date: 10/24/2024 come of Section 7 consultation and obtaining a water quality permit. Thank you for your time Kurt Sable on behalf of the Plumas National Forest. Kurt Sable, MS (he/his) Hydropower Coordinator / Hydrologist Regional Hydropower Assistance Team Forest Service Pacific Southwest Region, Public Services C: 530-616-1823 kurt.sable@usda.gov 10811 Stockrest Springs Road Truckee CA 96161 www.fs.fed.us Caring for the land and serving people From: Maher, Michael@Wildlife <Michael.Maher@wildlife.ca.gov> Sent: Wednesday, October 9, 2024 4:44 PM To: Urias, Anna <AXUS@pge.com> Cc: Ramirez-Doble, Sky <S9RV@pge.com>; Joseph, Matthew <MWJA@pge.com>; Fisch, Nathan@Waterboards <Nathan.Fisch@Waterboards.ca.gov>; Dyke, Jessica@Waterboards <Jessica.Dyke@Waterboards.ca.gov>; Sable, Kurt - FS, CA <kurt.sable@usda.gov>; Everest, Loren - FS, CA <loren.everest@usda.gov>; Bartoo, Aondrea <aondrea_bartoo@fws.gov>; Brenzovich, Erika - FS, CA <erika.brenzovich@usda.gov>; Alvarez, Dawn - FS, CA <dawn.alvarez@usda.gov>; Lawson, Beth@Wildlife <Beth.Lawson@wildlife.ca.gov> Subject: RE: [EXTERNAL] MIF Variance Notification for Poe Hydroelectric Project, Federal Energy Regulatory Commission (FERC) No. 2107 Hello Anna, Thank you for the opportunity to review and comment on the PG&E Minimum Instream Flow Variance notification you provided on September 9, 2024. Following discussions with other agencies it is our understanding that prior to approval of the variance request for the Poe Dam repairs, PG&E must engage in Section 7 consultation with the US Fish and Wildlife Service as well as pursue an amendment of the Water Quality Certification for the variance. Given the potential for new information to come to light during these processes, CDFW is not prepared to concur at this time until they have been completed. CDFW has an interest in protecting the foothill yellow-legged frogs Document Accession #: 20241024-5203 Filed Date: 10/24/2024 (FYLF) that would likely be affected by the requested variance and would like to participate in any discussions surrounding these two processes. Additionally, although PG&E has stated in the variance request that temperature is not expected to impact fishes or other aquatic organisms in the Poe Reach of the North Fork Feather River, CDFW has concerns regarding potential temperature impacts to rainbow trout during the variance period. Temperature modeling undertaken by PG&E, CDFW, the State Water Resources Control Board, and the United States Forest Service (see the attached 2006 modeling memo) during the relicensing process projected that water temperatures at 150 cfs would often exceed 20°C in June and July when they are exceeded 42% and 76% of the time in these months respectively. The modeling also indicated that there is a fair chance that 21°C could be exceeded approximately 40% of the time at 150 cfs in July (halfway between the 110cfs [52%] and 180 cfs [29%] projections listed in tables 2 and 3 in the modeling memo respectively). Because of these FYLF and potential temperature concerns we would like to request a meeting be scheduled to discuss with PG&E staff and staff from the other agencies prior to our decision to concur with the variance. Thank you Anna, Michael Maher Region 2 FERC Coordinator | ( Cell: 916-597-5505 California Department of Fish & Wildlife | North Central Region 1701 Nimbus Road, Rancho Cordova | michael.maher@wildlife.ca.gov From: Urias, Anna <AXUS@pge.com> Sent: Monday, September 30, 2024 5:06 PM To: Bartoo, Aondrea <aondrea_bartoo@fws.gov>; Lawson, Beth@Wildlife <Beth.Lawson@wildlife.ca.gov>; Maher, Michael@Wildlife <Michael.Maher@wildlife.ca.gov> Cc: Ramirez-Doble, Sky <S9RV@pge.com>; Joseph, Matthew <MWJA@pge.com>; Fisch, Nathan@Waterboards <Nathan.Fisch@Waterboards.ca.gov>; Dyke, Jessica@Waterboards <Jessica.Dyke@Waterboards.ca.gov>; Kurt Sable <kurt.sable@usda.gov>; loren.everest@usda.gov; Brenzovich, Erika -FS <erika.brenzovich@usda.gov>; Dawn Alvarez <dawn.alvarez@usda.gov> Subject: RE: [EXTERNAL] MIF Variance Notification for Poe Hydroelectric Project, Federal Energy Regulatory Commission (FERC) No. 2107 WARNING: This message is from an external source. Verify the sender and exercise caution when clicking links or opening attachments. Classification: Public Hi Leigh, Thank you for your email and comments. I will bring these items to my team and have a response to you as soon as possible. Document Accession #: 20241024-5203 Filed Date: 10/24/2024 Regards, A N N A U R I A S H Y D R O L I C E N S E C O O R D I N A T O R I P O W E R G E N E R A T I O N P A C I F I C G A S & E L E C T R I C C O M P A N Y ( 5 3 0 ) 2 0 1 - 1 9 6 1 I A X U S @ P G E . C O M From: Bartoo, Aondrea <aondrea_bartoo@fws.gov> Sent: Friday, September 27, 2024 3:54 PM To: Urias, Anna <AXUS@pge.com>; Lawson, Beth@Wildlife <Beth.Lawson@wildlife.ca.gov>; Michael Maher <Michael.Maher@wildlife.ca.gov> Cc: Ramirez-Doble, Sky <S9RV@pge.com>; Joseph, Matthew <MWJA@pge.com>; Fisch, Nathan@Waterboards <Nathan.Fisch@waterboards.ca.gov>; Dyke, Jessica@Waterboards <Jessica.Dyke@Waterboards.ca.gov>; Kurt Sable <kurt.sable@usda.gov>; loren.everest@usda.gov; Brenzovich, Erika -FS <erika.brenzovich@usda.gov>; Dawn Alvarez <dawn.alvarez@usda.gov> Subject: Re: [EXTERNAL] MIF Variance Notification for Poe Hydroelectric Project, Federal Energy Regulatory Commission (FERC) No. 2107 CAUTION: EXTERNAL SENDER! This email was sent from an EXTERNAL source. Do you know this person? Are you expecting this email? Are you expecting any links or attachments? If suspicious, do not click links, open attachments, or provide credentials. Don't delete it. Report it by using the "Report Phish" button. The USFWS has some concerns and recommendations regarding this request for a variance for 2025. Impacts to foothill yellow-legged frog (and potentially other native species dependent upon the North Fork Feather River system) may be significantly reduced by deferring this type of flow variance for during a Dry or Critically Dry water year type. The USFWS understands deferring may not be feasible for repairs being described in the letter. USFWS recommends FERC conduct an ESA Section 7 formal consultation for this variance. The USFWS anticipates that PG&E will be designated by FERC as the non- federal representative for that consultation. The USFWS looks forward to working with PG&E regarding development of measures to reduce impacts to the frog. The USFWS envisions that some of the proposed measures would include: increased monitoring for the frog throughout the variance period when ramping is in process, with the locations and timing of this monitoring developed collaboratively; implementing a frog rescue plan for the variance period when ramping is in process, with the locations and timing of the rescue developed collaboratively; and Document Accession #: 20241024-5203 Filed Date: 10/24/2024 inclusion of a checkpoint for if/how the variance should be implemented if FERC’s San Francisco Regional Office (or whichever FERC office has the authority to approve) hasn’t provided approval of the work prior to completion of section 7 consultation USFWS recommends PG&E conduct 2D mapping of some of the breeding locations within the project area; with the mapping locations developed collaboratively. The USFWS plans to utilize the information obtained from this effort to assess when perched breeding pools and depressions (that hold tadpoles and eggs) may become stranded and eventually desiccated during the variance ramping. Having this information is expected to support the impacts analysis, incidental take statement, and reasonable and prudent actions of the section 7 consultation for this and potentially other Poe projects in the future. In the event that the time to complete this mapping would exceed the time until initiation of section 7 consultation, the USFWS recommends completing this effort for at least one breeding area prior to initiating consultation and then completing the remainder of the mapping in the near future. We appreciate the opportunity to comment. Please direct any concerns, clarifications, or queries to Leigh Bartoo. A. Leigh Bartoo US Fish and Wildlife Service Bay-Delta Fish and Wildlife Office 650 Capitol Mall, Suite 8-300 Sacramento, California 95814 916-930-5621 Pronouns: she/her/hers Please contact me by email while staff are working from home. From: Urias, Anna <AXUS@pge.com> Sent: Monday, September 9, 2024 2:29 PM To: Bartoo, Aondrea <aondrea_bartoo@fws.gov>; Lawson, Beth@Wildlife <Beth.Lawson@wildlife.ca.gov>; Michael Maher <Michael.Maher@wildlife.ca.gov> Cc: Ramirez-Doble, Sky <S9RV@pge.com>; Joseph, Matthew <MWJA@pge.com>; Fisch, Document Accession #: 20241024-5203 Filed Date: 10/24/2024 Nathan@Waterboards <Nathan.Fisch@waterboards.ca.gov>; Dyke, Jessica@Waterboards <Jessica.Dyke@Waterboards.ca.gov>; Kurt Sable <kurt.sable@usda.gov>; loren.everest@usda.gov <loren.everest@usda.gov>; Brenzovich, Erika -FS <erika.brenzovich@usda.gov>; Dawn Alvarez <dawn.alvarez@usda.gov> Subject: [EXTERNAL] MIF Variance Notification for Poe Hydroelectric Project, Federal Energy Regulatory Commission (FERC) No. 2107 This email has been received from outside of DOI - Use caution before clicking on links, opening attachments, or responding. Hello, This email provides notification of a minimum instream flow (MIF) variance request to the Forest Service and State Resources Water Control Board for Pacific Gas and Electric Company’s (PG&E) Poe Hydroelectric Project, Federal Energy Regulatory Commission (FERC) No. 2107. This notification satisfies Article 401 of the Poe license which contains the following requirement for planned deviations from license requirements: Three Water Board conditions in Appendix A and three Forest Service conditions in Appendix B would allow the licensee to temporarily modify project operations under certain conditions. The Commission must be notified prior to implementing such modifications, if possible, or in the event of an emergency, as soon as possible, but no later than 10 days after each such incident. The California Department of Fish and Wildlife and the U.S. Fish and Wildlife Service must also be notified prior to implementing any modifications to minimum flows required by certification condition no. 1 and Forest Service condition no. 23 (Part 1). The details of the MIF variance request can be found in the Att. 1. If you have comments, please provide them by October 9, 2024. Regards, A N N A U R I A S H Y D R O L I C E N S E C O O R D I N A T O R I P O W E R G E N E R A T I O N P A C I F I C G A S & E L E C T R I C C O M P A N Y ( 5 3 0 ) 2 0 1 - 1 9 6 1 I A X U S @ P G E . C O M Document Accession #: 20241024-5203 Filed Date: 10/24/2024 You can read about PG&E’s data privacy practices at PGE.com/privacy. This electronic message contains information generated by the USDA solely for the intended recipients. Any unauthorized interception of this message or the use or disclosure of the information it contains may violate the law and subject the violator to civil or criminal penalties. If you believe you have received this message in error, please notify the sender and delete the email immediately. Document Accession #: 20241024-5203 Filed Date: 10/24/2024 Document Content(s) PGE20241024_2107_Poe_MIF_Temp_Amendment.pdf...............................1 Document Accession #: 20241024-5203 Filed Date: 10/24/2024