UPPER NORTH FORK FEATHER RIVER PROJECT
FERC Project No. 2105
Project 2105 Relicensing
Settlement Agreement
DRAFT
November 30December 15, 2003
Upper North Fork Feather River Project
FERC Project No. 2105
Relicensing Settlement Agreement
Table of Contents |
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1.1 Parties |
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1.2 Recitals |
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1.3 Effective Date of Settlement |
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1.4 Term of Settlement |
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1.5 Definitions |
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2.1 Purpose |
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2.2 Resolved Subjects |
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2.3 Unresolved Subjects |
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2.4 No Precedent for Other Proceedings |
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2.5 Compliance with Legal Responsibilities |
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2.6 Reservation of Claims, Rights, and Responsibilities |
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3.1 Protection, Mitigation, and Enhancement Measures Recommended to be Included in New Project License |
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3.2 Protection, Mitigation, and Enhancement Measures Recommended to be Included in Section 4(e) Conditions |
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3.3 Relationship of Settlement to Section 7 Consultation |
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3.4 Protection, Mitigation, and Enhancement Measures Recommended to be Included in 401 Certification |
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3.5 Measures Agreed to But Not to be Included in New Project License or Section 4(e) Conditions |
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4. Implementation of Settlement
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4.1 Support of Settlement |
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4.2 Support for Issuance of New Project License |
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4.3 New Project License, Final 4(e) Conditions, 401 Certification, or Other Mandatory Conditions Inconsistent with this Settlement |
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Page
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4.4 Appeal of New Project License, Final 4(e) License Conditions, 401 Certification, or Other Mandatory Conditions Inconsistent with this Settlement |
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4.5 Cooperation Among Parties |
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4.6 Implementation Schedule |
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4.7 Reopener or Amendment of New Project License |
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4.8 Amendment of Settlement |
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4.9 Dispute Resolution |
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4.10 Withdrawal from Settlement |
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4.11 Termination of Settlement |
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5.1 Non-Severable Terms of Settlement |
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5.2 No Third Party Beneficiaries |
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5.3 Successors and Assigns |
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5.4 Failure to Perform Due to Force Majeure |
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5.5 Governing Law |
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5.6 Elected Officials Not to Benefit |
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5.7 No Partnership |
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5.8 Reference to Regulations |
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5.9 Notice |
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5.10 Paragraph Titles for Convenience Only |
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6.1 Signatory Authority |
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6.2 Disclosure of Other Agreements |
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6.3 Signing in Counterparts |
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Appendix A. Protection, Mitigation, and Enhancement Measures Recommended to be Included in New Project License, Section 4(e) Conditions, and Other Mandatory License Conditions
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Appendix B. Measures Agreed to Among the Parties But Not to be Included in New Project License, Section 4(e) Conditions, or Other Mandatory License Conditions
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Appendix C. Authorized Representatives of Parties |
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Upper North Fork Feather River Project
FERC Project No. 2105
Relicensing Settlement Agreement
1. Introduction
1.1
Parties. This SETTLEMENT AGREEMENT ("Settlement") is made and
entered into pursuant to Federal Energy Regulatory Commission (“FERC”) Rule
602, 18 CFR § 385.602, by and among Pacific Gas and Electric Company
(“Licensee”), the United States Department of Agriculture Forest Service
(“FS”), the United States Department of the Interior National
Parks Service (USDOINPS), Fish and Wildlife Service
(“FWS”), the California Department of Fish and Game (“CDFG”), American
Whitewater (“AW”), Plumas County (“Plumas”), Chico Paddleheads (“CP”), and
Shasta Paddlers (“SP”) and California Sportfishing Protection Alliance (“CSPA”)
and National Park Service (“NPS”) each
referred to individually as a “Party” and collectively as “Parties.”
These ________ Parties may also be referred to as the “Original Parties.”
The Parties to this Settlement agree as follows:
1.2 Recitals
1.2.1 On October 23, 2002, Licensee filed with the Federal Energy Regulatory Commission (“FERC”) an application for a new license (“New Project License”) for the Upper North Fork Feather River Project, FERC Project No. 2105 (“Project”) located on the North Fork Feather River (“NFFR”) in Plumas county, California.
1.2.2 Prior to filing its application for new license the
Licensee consulted with the other Parties parties in development of the
studies, data, and other material presented in the application. In early
2003 the Parties and other parties met
and decided to continue discussions on a regular basis on appropriate
mitigation and enhancement measures in a collaborative process.
1.2.3 In 2002, Licensee and
the Parties, FS, FWS, CDF&G,
AW, Plumas, SP, CP, NPS, and CSPA met and agreed to engage
in discussions to resolve issues and agree on PM&E measures appropriate for
the relicensing of the Project. This group, sometimes referred to as the
2105 Licensing Group, engaged in collaborative discussions and is referred to
in this agreementSettlement
as the “Collaborative”. This Settlement is an end product of the
Collaborative’s work.
1.2.4 SWRCB)
staff has participated in the 2105 Collaborative in order to provide the
Parties with guidance concerning the SWRCB’s regulatory requirements and in
furtherance of the SWRCB’s policy to promote voluntary settlement
agreements. However, the SWRCB cannot prejudge the Licensee’s request for
water quality certification pursuant to Section 401
of the Clean Water Act (“401 Certification”)in connection
with this relicensing proceeding and therefore could
can not
execute this settlement Settlementagreement.
1.3 Effective Date of Settlement. This Settlement becomes effective as of __________________ (“Effective Date”).
1.4 Term of Settlement. The term of this Settlement shall commence on the Effective Date and shall continue (unless terminated as otherwise provided herein) for the term of the New Project License (subject to FERC's reserved authority under the New Project License to require modifications), plus the term(s) of any annual license(s) which may be issued after the foregoing New Project License has expired, or until the effective date of any FERC order approving surrender of all or part of the Project under the Federal Power Act (FPA).
1.5 Definitions.
ADAAG: Americans With Disabilities Act Accessibility Guidelines
AF: acre-foot of water
ADR: Alternative Dispute Resolution - see Paragraph 4.9.1.
AF: acre-foot of water
Basin Plan: The Water Quality Control Plan for the Central Valley Region, the Sacramento and San Joaquin River Basins Beneficial Uses: Beneficial Uses include municipal and domestic water supply, hydropower generation, water contact recreation, canoeing and rafting, non-contact water recreation, warm and cold freshwater habitat, warm and cold freshwater spawning habitat, and wildlife habitat, as designated in the Basin Plan, or any revision thereto.
Belden Reach: The portion of the NFFR between Belden Forebay Dam and Belden Powerhouse.
Block Loading: Operational mode of a powerhouse in which the generation capacity (and resulting cfs release) is held at or near a constant level for an extended period of time.
Cap Flows: Maximum level to which the Minimum River Flow level may be adjusted as provided in Appendix A, Table A-1 and A-2.
CD:
Critically Dry water year type as defined in Appendix A, Section II4.
cfs: cubic feet per second
Collaborative:
See Paragraph 1.2.34
Controlled Spill: Release of water from a Project reservoir at times when the release could have otherwise been controlled (not spilled) by increasing the flow through the generating units or controlling inflows by controlling releases from upstream reservoirs.
Cresta Reach: That portion of the NFFR between Cresta Dam and the Cresta Powerhouse.
DEA: Draft Environmental Assessment.
Disputing Party; Disputing Parties: See Paragraph 4.9.1.
Dry: Dry water year type as defined in Appendix A, Section II.
Effective Date: See Paragraph 1.3.
Emergency: Emergency: An event that is out of the control of Licensee and requires Licensee to take immediate action, either unilaterally or under instruction by law enforcement or other regulatory agency staff, to prevent imminent loss of life or substantial property damage. Emergencies typically arise from natural events such as landslides, storms, or wildfires, but electrical transmission or generation equipment failure, automobile or recreation accidents, water impoundment/conveyance damage, and other unforeseen occurrences can all cause or contribute to emergency conditions.
ESA:
Federal Endangered Species Act, - see Paragraph 2.6.116 U.S.C.§1531 et seq., as amended.
ERC: Ecological Resources Committee as
established in Appendix A, Section VIII and as fully described in Appendix B,
Section II.
FPA: Federal Power Act.
Good Faith: Honesty of purpose, free from intention to defraud, faithful to one’s duty or obligation.
Heat Storm: A multi-day sequence of extreme temperatures across California or the western-U.S. that results in near-record electricity use and voluntary power use reductions or involuntary, rotating power outages.
Inconsistent
Condition: A condition with this Settlement: See
Paragraph 4.3.1.of a New Project
License which (a) materially modifies the PM&E measures stated in Appendix
A or Appendix B, (b) fails to include all PM&E measures in Appendix A, or
(c) includes additional PM&E measuresbeyond those in
Appendix A.
Minimum
River Stream
Flows: Required minimum stream
flows in the Belden and Seneca reaches as provided in
Section II 1 of
Appendix A-1 and A-2.
NA: not applicable
NFFR: North Fork Feather River
NEPA:
National Environmental Policy Act - see Paragraph 1.2.4, 42 U.S.C.§4321 et seq., as
amended.
New Project
License: See Paragraph 1.2.1The new license issued by FERC for the Project at
the conclusion of the current relicensing proceeding, including any mandatory
conditions such as Section 4(e) Conditions, a 401
Certification, and FPA Section 18 fishway prescriptions.
NFFR: North Fork Feather River
Normal: Normal water year type as defined in Appendix A, Section II.
Notice: See Paragraph 5.9.
Party; Parties: See Paragraph 1.1.
PM&E: Protection, mitigation or enhancement measure, as provided in Section 10(j) of the FPA.
Prattville Intake Modifications: Physical improvements in the vicinity of the Prattville Intake to attract cold water to the intake.
Party; Parties: See Paragraph 1.1.
PM&E: protection,
mitigation or enhancement measure.
Project: See Paragraph 1.2.1.
Pulse
Flows: Short term elevated levels of release from Project dams in amounts
and durations specified in Appendix A, Section
1, Paragraph 3(A)Appendix A., Table A.
Seneca Reach: That portion of the NFFR
between Canyon Dam (Lake Almanor) and Caribou Powerhouse.
Ramping
Rate: The rate of change in a flow release or Controlled
sSpill from a dam expressed as
an increase or decrease in discharge (in cfs) over a period of time. See
Appendix A, Section 1II,
Paragraph 6.5.
Reasonable Control Measures: Measures to control water temperatures as specified in Section I of Appendix A.
Resolved Subjects: See Paragraph 2.2.
Rock Creek Reach: That portion of the NFFR between Rock Creek Dam and Rock Creek Powerhouse.
Section 4(e) Conditions: Any license conditions proposed by FS under FPA Section 4(e).
Seneca Reach: That portion of the NFFR between Canyon Dam (Lake Almanor) and Caribou Powerhouse.
Submerged
Curtain/Skimmer Wall: A design concept for a Prattville Intake
Modification that consists of a flexible membrane blocking warm water strata
and up to 1250 feet long placed upstream of the Prattville Intake to allow the intake to attractpreferentially release colder
water
TRG: See Section 2, Paragraph 1.
Uncontrolled Spill: Release of water from a Project reservoir at times when flow into the reservoir, excluding releases from upstream reservoirs that can be controlled, exceeds the sum of the streamflow release requirement plus the current flow capacity of the generating units.
UNFFR: Upper North Fork Feather River
Water Year
Type: See Appendix A, Section II4.
Wet:
Wet water year type as defined in Appendix A, Section 4II.
2. Purpose of Settlement
2.1
Purpose. The purpose of this Settlement is to resolve among the Parties
all streamflow issues for ecological purposes and river-based recreational use
and other Resolved Subjects in support of FS issuing its Final
Section 4(e)
Conditions and FERC issuing a New Project License. For this purpose, the
Parties agree that this Settlement constitutes an entire agreement that
provides an appropriate balancing of hydroelectric power generation with the
Resolved Subjects and the Parties will request that the FERC use the provision
of this agreement Settlement
as an alternative to be considered in the FERC’s NEPA
analysis process.
2.2
Resolved Subjects. Except as provided in Paragraph 2.3, the
Parties agree that this Settlement fairly, reasonably, and appropriately
resolves streamflows and other subjects listed in Table 1 (“Resolved Subjects”)
in support of FS issuing Final Section 4(e) Conditions and
FERC issuing a New Project License.
Table 1
Subjects Resolved by this Settlement
a)m)
Streamflows for PM&E of fish, wildlife, and
other aquatic biota in Project-affected stream reaches
b)Streamflows for PM&E of riparian habitat in
Project-affected stream reaches
c)n)
Streamflows for stream channel maintenance in
Project-affected stream reaches
c)o)
Streamflows for whitewater boating and other
river-based recreation on the Belden and Seneca reaches
c)p)
Water quality associated with Project operations and
facilities
c)q)
Streamflow fluctuations from Project operations,
including Ramping Rates
c)r)Streamflow
gaging for compliance monitoring
c)s)
Stream ecology monitoring
c)a)Streamflow
information for use by the public
j)Adaptive
management
k)t)Facility
modifications to implement the PM&E measures stated in Appendix A
k)u)
Administration of Settlement Agreement
k)v)
River sediment management
k)w)
Project reservoir operation and lands management
principles
o)x)
Recreation facilities development during the term of
the New Project License
2.3 Unresolved Subjects. This Settlement leaves unresolved specific subjects related to the Resolved Subjects. These unresolved subjects are listed in Table 2. This Settlement also does not resolve subjects not specifically listed in Table 1 and Table 2.
Table 2
Subjects Not Resolved by this Settlement
a)i)Shoreline
Erosion: Plumas County considers Lake Almanor shoreline
erosion an unresolved issue.
b)j)Water
Temperature: All Parties await additional information in early 2004 from
on-going modeling efforts related to the potential Prattville Intake modifications or other changes (Canyon Dam Outlet
Tower modification, modification
to Caribou 2, etc.) to inform agreement on water
temperature condition.
k) Whitewater flow effects on Water Temperature in the Belden Reach: CSPA considers this an unresolved issue
c)l)Term
of New Project License: Licensee, Plumas County, and FS
recommend support
a 40-year license; American WhitewaterAW, CDFG, USDOI
and NPS support
a 40-year license if the Rock
Creek Cresta (FERC No.1962)
license is extended to coincide with the term of the 2105
licenseNew Project License.
SWRCB and CSPA does not support extension of the FERC No.1962 license.
c)m)
Additional Boating Flow Day Triggers: American WhitewaterAW considers the boater day triggers for the
addition of boating recreation river flow days in Appendix A, Section 2 to be
an unresolved issue.
n) Angler Access Trail Improvement in Seneca Reach: CSPA considers this access issue unresolved.
o) Wetland and Riparian Habitat Offsite Mitigation: CSPA considers …(Check with Jerry)
p) Humbug Valley Offsite Mitigation: (check with Jerry)
2.4
No Precedent for Other Proceedings. This Settlement is made upon
the express understanding that it constitutes a negotiated resolution of
Resolved Subjects. No Party shall be deemed to have approved, admitted,
accepted, or otherwise consented to any operation, management, valuation, or
other principle underlying or supposed to underlie any of the Resolved
Subjects, except as expressly provided herein. Nothing in this Settlement
is intended or shall be construed as a precedent with regard to any other proceeding
or hydroelectric project, except as expressly provided in Appendix A, Section I1.
2.5 Compliance with Legal Responsibilities. Nothing in this Settlement is intended to nor shall be construed to affect or limit the authority of any Party to fulfill its statutory, regulatory, or contractual responsibilities under applicable law. However, by entering into this Settlement the Parties with such responsibilities represent that they believe their responsibilities relative to Resolved Subjects have been, are, or can be met for the purpose stated in Paragraph 2.1, consistent with and by the terms of this Settlement.
2.5.1 ESA and FPA Section 18 Responsibilities Not Affected.
Nothing in this Settlement is intended to or shall be construed to restrict or
affect the continuing responsibilities of FERC or any Party under the Endangered Species Act (“ESA”), including the implementing
regulation at 50 C.F.R. § 402.16. Further, notwithstanding any
other provision in this Settlement, this Settlement is not intended to and
shall not be construed to address, affect, or apply to the Secretary of the
United States Department of the Interior’s independent authority under FPA Section
18 to prescribe fishways, or Licensee’s right to dispute such authority.
2.6 Reservation of Claims, Rights, and Responsibilities. Each Party reserves all claims, rights, and responsibilities, which it may otherwise have with respect to any subjects not listed as Resolved Subjects. Nothing in this Settlement is intended nor shall be construed to affect or restrict any Party's participation in or comments about compliance with the New Project License, future relicensing of the Project subsequent to the current relicensing, or any other project licensed to Licensee.
3. Use of Settlement in New Project License and Section 4(e) Conditions
3.1 Protection, Mitigation, and Enhancement Measures Recommended to be Included in New Project License. Subject to Paragraphs 3.2 and 3.3, the Parties respectfully request that FERC accept and incorporate, without material modification, as license articles all of the PM&E measures stated in Appendix A of this Settlement. Subject to the same limitation, the Parties further request that FERC not include in the New Project License articles on Resolved Subjects that are inconsistent with this Settlement, except as may be necessary to enable FERC to ascertain and monitor Licensee’s compliance with the conditions of the New Project License and its rules and regulations under the FPA.
3.2 Protection, Mitigation, and Enhancement Measures Recommended to be Included in Section 4(e) Conditions. The Parties respectfully request that FS accept and incorporate, without material modification, as Section 4(e) Conditions all relevant PM&E measures stated in Appendix A of this Settlement. The Parties further request that FS not include in its Section 4(e) Conditions on Resolved Subjects that are inconsistent with this Settlement. FS agrees to propose as Section 4(e) Conditions on Resolved Subjects the PM&E measures stated in Appendix A of this Settlement which it determines are within its jurisdiction to prescribe as Section 4(e) Conditions, except to the extent that any changes result from analysis under NEPA, National Forest Management Act, and any other applicable law or regulation. This paragraph shall not be read to predetermine or limit the outcome or lawful discretion of FS in issuing Section 4(e) Conditions or in adopting Section 4(e) Conditions inconsistent with those recommended herein.
3.3 Relationship of Settlement to Section 7 Consultation. The Parties acknowledge that if FERC submits the PM&E measures stated in Appendix A as part of the proposed action for consultation under Section 7 of the ESA, FWS may in its lawful discretion identify PM&E measures different from or additional to those set forth in Appendix A and Appendix B to minimize the effects of take of listed species.
3.4
Protection, Mitigation, and Enhancement Measures Recommended to be Included in
the 401 Certification. The Parties respectfully request that the State Water Resources Control Board (SWRCB) accept and incorporate,
without material modifications, as conditions to the 401 Certification all the
PM&E measures stated in Appendix A of the Settlement that are within the
SWRCB’s jurisdiction under Section 401 of the Clean Water Act. The
Parties further request that the SWRCB not include as conditions to the 401
Certification inconsistent conditions on Resolved Subjects.
3.5 Measures Agreed to that
will not beBut Not to beIncluded
in the New Project License or Section 4(e) Conditions or
401 Certification. Measures agreed to among the
Parties that are not to be incorporated in the New Project License or FS
Section 4(e) Conditions are stated in Appendix B.
4. Implementation of Settlement
4.1 Support of Settlement. The Parties shall be bound by this Settlement for the term stated in Paragraph 1.4, provided the New Project License is consistent with the terms of this Settlement, and specifically the PM&E measures stated in Appendix A hereto.
4.2 Support for Issuance of New Project License. To the extent permitted by applicable law, the Parties shall support or advocate through appropriate written communications to FERC and FS, this Settlement and the PM&E measures stated in Appendix A hereto. For Resolved Subjects and subject to Paragraph 3.3, the Parties agree not to propose, support, or communicate to FERC or FS any comments, recommended PM&E measures, or license conditions other than ones consistent with this Settlement. Subject to Paragraph 3.3, prior to the issuance of the New Project License, and at the request of Licensee, the Parties shall timely support this Settlement in written communications to any other administrative agency with advisory or mandatory conditioning authority over issuance of the New Project License, provided this sentence shall not apply to the agency exercising the authority.
4.3
New Project License, Final 4(e)
Conditions, 401 Certification or Other Mandatory Conditions Inconsistent with
this Settlement with Inconsistent
Conditions.
4.3.1
New Project License.
If the New Project License issued by FERC contains Inconsistent Conditions, any material modification of the PM&E measures
stated in Appendix A or Appendix B, incorporates fewer than all of the PM&E
measures stated in Appendix A, or includes additional measures related to
Resolved Subjects (“inconsistent with this Settlement”),
this Settlement shall be deemed modified to conform to the New Project License,
unless a Party provides Notice that it disputes the
inconsistency within 30 days after the
date of the FERC issues an order
approving the New Project License that the Party does not accept the
Inconsistent Condition license
order, and (b)that Party initiates the
Alternative Dispute Resolution (“ADR”) procedures stated in Paragraph 4.9.1 -
Paragraph 4.9.3. Before
initiating the ADR, a Party shall make a good Good faith
Faith effort
to meet and confer with other Parties to this Settlement. The disputing Disputing
Party(ies)
may, in addition, initiate the rehearing appeal procedures described in Paragraph 4.4.1. If the New Project
License does not contain all of the PM&E measures stated in Appendix A
because FERC or one of the agencies
with mandatory conditioning authority expressly determines
that it does not have jurisdiction to adopt or enforce the omitted PM&E
measures, the Parties agree that they shall be bound by the entire Settlement,
including those recommended PM&E measures omitted by FERC or the agency with mandatory conditioning
authority, provided the New Project License contains those
PM&E measures stated in Appendix A over which FERC and
the agencies with mandatory conditioning authority determines it they does
have jurisdiction and the New Project License is otherwise consistent with this
Settlement.
4.3.2 Final 4(e) Conditions.
If any Final 4(e) Condition is inconsistent with this Settlement, this
Settlement shall be deemed modified to conform to the Final 4(e) Conditions,
unless a Party provides Notice that it disputes the inconsistency by initiating
the ADR procedures stated in Paragraph 4.9.1 - Paragraph 4.9.3. Before
initiating the ADR, a Part shall make a good faith effort to meet and confer
with other Parties to this Settlement. The disputing Party(s) may, in
addition, initiate the appeal procedure described in Paragraph 4.4.2. If
the Final 4(e) Conditions do not contain all of the PM&E measures stated in
Appendix A because FS expressly determines that it does not have jurisdiction
to adopt or enforce the omitted PM&E measures, the Parties shall be bound
by the entire Settlement, including those recommended PM&E measures omitted
by FS, provided the Final 4(e) Conditions contain those PM&E measures
stated in Appendix A over which FS determines it does have jurisdiction and the
Final 4(e) Conditions are otherwise consistent with this Settlement.
4.3.3 401 Certification. If any provision of the 401
Certification is inconsistent with the Settlement, the Settlement shall be
deemed modified to conform to the provisions of the 401 Certification, unless a
Party provides Notice within 30 days of the dates of the 401 certification that
it disputes the inconsistency, and that Party initiates the ADR procedures
stated in Paragraph 4.9.1 et seq. Before initiating the ADR, a Party
shall make a good faith effort to meet and confer with other Parties to this
Settlement. The disputing Party(s) may, in addition, initiate the
rehearing procedure described in Paragraph 4.4.3. If the 401
Certification does not contain all of the PM&E measures stated in Appendix
A because SWRCB expressly determined that it does not have jurisdiction to
adopt or enforce the omitted PM&E measures, the Settlement shall not be
used as the basis for dispute among the Parties, and the Parties shall be bound
by the entire Settlement, including those recommended PM&E measures omitted
by the SWRCB, provided the 401 Certification contains those PM&E measures
stated in Appendix A over which SWRCB determines it does have jurisdiction and
the 401 Certification is otherwise consistent with the Settlement.
4.3.4 Other Mandatory License
Conditions. If an agency other than FS files with FERC
any mandatory license condition that is inconsistent with this Settlement, this
Settlement shall be deemed modified to conform to such condition, unless a
Party provides Notice that it disputes the inconsistency within 30 days after
the date of filing of such condition, and that Party initiates the ADR
procedures stated in Paragraph 4.9.1 - Paragraph 4.9.3. Before initiating
the ADR, a Party shall make a good faith effort to meet and confer with other
Parties to this Settlement. The disputing Party(s) may, in addition,
initiate any appeal procedure applicable to the agency that issued such
condition. If such mandatory license conditions do not contain all of the
PM&E measures stated in Appendix A because the issuing agency expressly
determines that it does not have jurisdiction to adopt or enforce the omitted
PM&E measures, the Parties agree that they shall be bound by the entire
Settlement, including those recommended PM&E measures omitted by the
issuing agency, provided the mandatory license conditions contain those
PM&E measures stated in Appendix A over which issuing agency determines it
does have jurisdiction, and the mandatory license conditions are otherwise
consistent with this Settlement.
4.4 Appeal of New Project License with Inconsistent Conditions. , Final 4(e) Condition, 401 Certification, or other
Mandatory License Conditions Inconsistent with this Settlement.
4.4.1 Appeal
to FERC. Any Party may petition FERC for administrative
rehearing or seek judicial review of any Inconsistent Condition of the New
Project License article, or omission
of PM&E measures stated in Appendix A, that is inconsistent with this
Settlement. The ADR requirements stated in Paragraph
4.9.1 - Paragraph 4.9.3 do not preclude
any Party from timely filing for and pursuing administrative
rehearing under 18 C.F.R. §
385.713(b), or judicial review,
of the inconsistent Inconsistent Condition license article or any other New Project License license article that relates to
subjects not listed as a Resolved Subject. However, the Parties
shall follow the ADR procedures stated in Paragraph 4.9.1 - Paragraph 4.9.3 to the extent
reasonably practicable while such appeal of an
inconsistency is being pursued.
If any Party or non-Party files for administrative rehearing or judicial review
of any New Project License article that is inconsistent
with this SettlementInconsistent Condition,
Licensee’s duties under this Settlement related to that article
Inconsistent Condition are
suspended to the extent necessary to enable Licensee to comply with the New Project lLicense.
If a Party has filed for administrative rehearing
or judicial review of any New Project License article that is inconsistent
with this SettlementInconsistent Condition and the
Parties subsequently agree to modify this Settlement to conform to the inconsistent Inconsistent articleCondition,
the filing Party(ies) shall withdraw the appeal,
or recommend such withdrawal, as appropriate. Except
as provided in Paragraph 4.3.1 for omissions based on jurisdiction, if any New
Project License article is inconsistent with this Settlement after a final and
non-appealable administrative or judicial decision on the appeal, this This Settlement shall be deemed
modified to conform to the any final non-appealable
administrative or judicial decision upholding
a challenged Inconsistent Condition unless a Party (a) provides Notice within 45 days after the date of the final decision
that it does not accept disputes the iInconsistency
Condition, and within 45 days after the date of the final decision
and (b) initiates
the ADR procedures stated in Paragraphs
4.9.1 - Paragraph 4.9.3. Except
as necessary to fulfill a statutory or regulatory responsibility or policy, the
Parties have a continuing duty to support this Settlement, or as appropriate,
recommend such support, during an administrative rehearing or judicial review. If there is disagreement about the need for
such support between the requesting Party and any Party, those Parties shall
meet and confer within 5 days of the request being made and shall make Good
Faith efforts to resolve the disagreement.
4.4.2 Reconsideration of 401
Certification. Any Party may seek administrative rehearing
or judicial review of and provision of the 401 Certification, or omission of
PM&E measures stated in Appendix A, that is inconsistent with the
Settlement. The ADR requirements of Paragraph 4.9.1 et seq. do not
preclude any Party from timely filing and pursuing a petition for
reconsideration under California Code of Regulations, title 23, section
3867-3869, or judicial review, of any provision of the 401 Certification that
is inconsistent with the Settlement, or any other provision of the 401
Certification that relates to subjects not listed as a Resolved Subject.
However, the Parties shall follow the ADR procedures stated in Paragraph 4.9.1
et seq to the extent reasonably practicable while any such petition or judicial
review of an inconsistency is pursued. If a Party has filed for
administrative rehearing or judicial review of any provision of the 401
Certification that is inconsistent with the Settlement and the Parties
subsequently agree to modify the Settlement to conform to the inconsistent
condition, the filing Party(s) shall withdraw the petition or dismiss the
judicial action, or recommend such withdrawal or dismissal, as
appropriate. Except as provided in Paragraph 4.3.3 for omissions based on
jurisdiction, if any provision of the 401 Certification is inconsistent with
the Settlement after the final and non-appealable decision on the petition or
judicial action, the Settlement shall be deemed modified to conform to the
final decision, unless a Party provides Notice that it disputes the
inconsistency within 45 days after the date of the final decision, and that
Party initiates the ADR procedures stated in Paragraph 4.9.1 et seq.
Except as necessary to fulfill a statutory responsibility or policy, all
Parties have a continuing duty to support the Settlement, or as appropriate,
recommend such support, during an administrative rehearing or judicial review.
If there is disagreement about the need for such support between the requesting
Party and any other the Party, those Parties shall meet and confer within 5
days of the request being made and shall take all reasonable good faith efforts
to resolve the disagreement consistent with the obligation to cooperate.
4.4.3
Appeal to other Agency with Mandatory Conditioning
Authority. Any Party may seek administrative rehearing or
judicial review of any mandatory license condition that, as filed with FERC, is
inconsistent with this Settlement. The ADR requirements stated in
Paragraph 4.9.1 - Paragraph 4.9.3 do not preclude any Party from timely filing
and pursuing such appeal of a mandatory license condition that is inconsistent
with this Settlement, or any other mandatory license condition that relates to
subjects not listed as a Resolved Subject. However, the Parties shall
follow ADR procedures stated in Paragraph 4.9.1 - Paragraph 4.9.3 to the extent
reasonably practicable while any such appeal of an inconsistency is
pursued. If a Party has filed for administrative rehearing or judicial
review of any mandatory license condition that is inconsistent with this
Settlement, and the Parties subsequently agree to modify this Settlement to
conform to the inconsistent condition, the filing Party(s) shall withdraw the
appeal, or recommend such withdrawal, as appropriate. If any mandatory
license condition is still inconsistent with this Settlement after a final and
non-appealable administrative or judicial decision on the appeal, this
Settlement shall be deemed modified to conform to the final decision, unless a
Party provides Notice that it disputes the inconsistency within 45 days after
the date of the final decision, and that Party also initiates the ADR
procedures stated in Paragraph 4.9.1 - Paragraph 4.9.3. Except as
necessary to fulfill a statutory or regulatory responsibility or policy, all
Parties have a continuing duty to support this Settlement, or as appropriate,
recommend such support, during such administrative rehearing or judicial
review.
4.5
Cooperation Among Parties. The Parties shall cooperate in the
performance of this Settlement and compliance with related license
articles in the Narticles. Among other
things, the Parties shall cooperate in implementing the PM&E measures,
conducting studies, performing monitoring, and conducting all other activities
within their statutory or regulatory authorities related to the measures stated
in Appendices A & B of this Settlement, as may be modified in the New
Project License. Further, subject to Paragraph 2.5, inclusive of 2.5.1,
and upon Licensee’s request, the Parties shall provide written communications
of support in any administrative approval that may be required for
implementation of this Settlement or related articles of the New Project
License, provided this sentence obligation shall not apply to
the agency exercising the authority.
4.5.1 Responsibility for Costs. Licensee shall pay for the cost of actions required of Licensee by this Settlement or the New Project License. Licensee shall have no obligation to reimburse or otherwise pay any other Party for its assistance, participation, or cooperation in any activities pursuant to this Settlement or the New Project License unless expressly agreed to by Licensee or as required by law.
4.5.2 Licensee Solely Responsible for Operations of Project. By entering into this Settlement, none of the Parties, except for Licensee, have accepted any legal liability nor responsibility for the operation of the Project.
4.5.3 Availability of Funds. Implementation of this Settlement for a Party that is a federal agency is subject to the requirements of the Anti-Deficiency Act, 31 United States Code, Section 1341, and the availability of appropriated funds. Nothing in this Settlement is intended nor shall be construed to require the obligation, appropriation, or expenditure of any money from the U.S. Treasury. The Parties acknowledge that the Parties that are federal agencies shall not be required under this Settlement to expend any federal agency’s appropriated funds unless and until an authorized official of each such agency affirmatively acts to commit such expenditures as evidenced in writing. Implementation of this Settlement by Parties that are state or local agencies is subject to the availability of appropriated funds. Nothing in this Settlement is intended nor shall be construed to require the obligation, appropriation, or expenditure of any money from the Treasury of the State of California or Plumas County. The Parties acknowledge that the Parties that are state or local agencies shall not be required under this Settlement to expend any appropriated funds unless and until an authorized official of each such agency affirmatively acts to commit such expenditures as evidenced in writing.
4.5.4 FS Participation
in Settlement. FS is not included in the definition of the words
“Party” or “Parties” as used in Paragraphs 3.1, 3.2, 4.1, 4.2, 4.3.2, 4.4.1, 4.4.2, 4.5, and 4.7.1
of this Settlement. Additionally, FS’ obligations under and participation
in this Settlement are fulfilled upon issuance of a New Project License
containing Final final
Section 4(e) Conditions that are no longer subject to
administrative appeal or judicial review. Notwithstanding any provision
to the contrary, nothing in this Settlement is intended or shall be construed
to create FS authority
over a subject that is not within its existing authority.
4.5.5 Escalation of Costs. Unless otherwise indicated, costs specified as a year 2004 cost basis shall be escalated (starting in January 2005) based on the U. S. Gross Domestic Product - Implicit Price Deflator (GDP-IPD). Costs not specified as a year 2004 cost basis are constant dollars not subject to escalation.
4.6 Implementation Schedule. Implementation of the PM&E measures stated in Appendix A shall begin after issuance of the New Project License and consistent with the schedule specified in Appendix A (as may be modified by the New Project License). Implementation of the measures stated in Appendix B shall begin consistent with the schedule specified in Appendix B. Within six months after issuance of the New Project License, Licensee shall prepare and provide to all Parties the Licensee’s planned schedule for implementing the PM&E measures recommended in this Settlement and incorporated in the New Project License. The schedule shall specify dates for initiation, progress reporting, monitoring and completion, as appropriate, for each such PM&E measure and shall include milestones for major activities.
4.7 Reopener or Amendment of New Project License.
4.7.1 Reopener. Except as required to fulfill statutory or regulatory responsibilities or as provided in Paragraph 4.7.2, a Party to this Settlement may seek to modify, or otherwise reopen during the term of this Settlement the PM&E measures from this Settlement included in the New Project License, only if and when significant new information not known or understood as of the date of issuance of the New Project License reasonably demonstrates that such proposed modification or other cause of reopener is in furtherance of the public interest under the FPA or other applicable law. In such an event, that Party shall provide Licensee at least 90-day Notice to consider the new information and that Party’s position. A Party shall not be required to comply with this 90-day Notice provision if it believes an emergency situation exists, or if required to meet its responsibilities under applicable law. Notwithstanding the provisions of this paragraph, any Party may seek to reopen the New Project License to implement future changes in applicable law, or to protect Beneficial Uses through coordinated operations of this Project, Rock Creek – Cresta Project (FERC No. 1962), and Poe Project (FERC No. 2107), in connection with the relicensing proceedings for the latter two projects.
4.7.2 Amendment. Nothing in
this Settlement is intended or shall be construed to affect or limit the right
of Licensee to seek amendments of the New Project License, provided that
Licensee may seek a Project license amendment which would adversely affect this
Settlement only if Licensee, relying on significant new information not known
or understood as of the date of issuance of the New Project License, can
reasonably demonstrate in the amendment
proceeding that the amendment is in furtherance of the
public interest under the FPA or other applicable law. Prior to filing a
proposed license amendment which relates to a Resolved Subject or would
otherwise adversely affect this
Settlement, Licensee shall provide the Parties at least 90-day Notice of its
intention to do so, and promptly following the
giving of such Notice, shall promptly
consult with Parties responding within 30 days of such
Notice regarding the need for and the purpose of the amendment. ,
provided Licensee shall not be
required to comply with this 90-day Notice provision if it believes an emergency situationEmergency exists or if required
to meet its responsibilities under applicable law or an order of an agency with
jurisdiction over Licensee. In such an emergency
situationEmergency,
Licensee shall give provide Notice
to the ERC and FSParties and SWRCB within 5 days of the eventwith as much Notice of the proposed license
amendment as is reasonably practicable under the circumstances.
In any application for a Project license amendment that relates to a Resolved
Subject or would otherwise affectis otherwise incons this Settlement, Licensee shall provide with its
application documentation of its consultation with the responsive Parties,
summarize the positions and recommendation of the responsive Parties and
provide its response to those positions and recommendations. Licensee
shall not oppose an intervention request by any Party that satisfies FERC’s
procedural requirements in a proceeding for a Project license amendment that
any Party has concluded would adversely affect this Settlement. A Project
license amendment that, as approved by FERC, would adversely affect this
Settlement is subject to Paragraph 4.3.1. Further, a Project license
amendment that, as approved by FERC, would adversely affect this Settlement may
be considered by a Party as significant new information, allowing that Party to
invoke the reopener provision in Paragraph 4.7.1.
4.8
Amendment of Settlement. This Settlement may be amended at any
time through the term of the New Project License plus
the term(s) of any annual license(s) which may be issued after the foregoing
New Project License has expired, after Notice, with the
unanimous agreement of all Parties still in existence and responsive within 30
days of such Notice. Any amendment of this Settlement shall be in writing
and executed by the responding Parties.
4.9 Dispute Resolution
4.9.1 General. Except to the extent
that FERC, FS, or other agency with jurisdiction over a Resolved Subject has a
procedure that precludes implementation of Paragraph 4.9.1 - Paragraph 4.9.3, and to the extent specified for the ERC in
Appendix B, all disputes among the Parties regarding any
Party’s performance or compliance with this Settlement, including resolution of
any disputes related to any New Project License article, Final
final Section 4(e)
Condition, or other mandatory
license condition filed with FERC by an agency other than
the FS, that is inconsistent with this Settlementthat is an Inconsistent Condition,
shall be the subject of a non-binding alternative dispute resolution (“ADR”)
procedure among the disputing Disputing Parties, as stated in this Paragraphs 4.9.1 - Paragraph
4.9.3. Each Party participating in a dispute (“disputing Disputing
Party,” or collectively, “disputing
Disputing Parties”)
shall cooperate in Good Faith to promptly schedule, attend and participate in
the ADR. The disputing Disputing Parties agree to
devote such time, resources and attention to the ADR as is needed to attempt to
resolve the dispute at the earliest time possible. Each disputing Disputing
Party shall implement promptly all final agreements
reached, consistent with its applicable statutory and regulatory
responsibilities. Nothing in Paragraphs
4.9.1 - Paragraph 4.9.3 is intended nor shall be construed to
affect or limit the authority of FERC, FS, or other agency with jurisdiction
over a Resolved Subject, to resolve a dispute brought before it in accordance with
its own procedure and applicable law.
4.9.2 ADR
Procedures. A Party claiming a dispute shall give Notice of the
dispute within 30 days of the Party’s actual knowledge of the act, event, or
omission that gives rise to the dispute, unless this Settlement provides
otherwise. If the dispute includes a claim that any New Project License
article, Section 4(e) Condition, or other
mandatory license condition filed with FERC by an
agency other than FS, is an inconsistent Inconsistent Condition, with this Settlement, and the
claim arises prior to rehearing or appeal, the Notice shall be made within the
time periods specified in Paragraphs 4.3.1, 4.3.2, or 4.3.3, or respectively.
If the dispute includes a claim that any New Project License article, Section
4(e) Condition, or other mandatory
license condition filed with FERC by an agency other than
FS, is an inconsistent Inconsistent Condition with this Settlement, and the
claim arises during or after rehearing or appeal, the Notice shall be made
within the time periods specified in Paragraphs 4.4.1, 4.4.2, and 4.4.3,
respectively. At a minimum and in any dispute subject to these ADR
procedures, the disputing Disputing Parties shall hold
two informal meetings within 30 days after Notice, to attempt to resolve the
disputed issue(s). Any disputing Disputing Party may request
that a FERC employee facilitate these informal meetings to assist in resolving
the dispute. If the informal meetings fail to resolve the dispute, the disputing Disputing
Parties shall attempt to resolve the dispute using a
neutral mediator jointly selected within 15 days after Notice by a disputing Disputing
Party that the informal meetings did not resolve the
dispute. The disputing Disputing Parties shall select
a mediator from the sources described in 18 CFR §385.604(c)(3). Absent an
agreement for equitable allocation of costs of the mediator, the Parties shall
select a FERC employee as mediator. The mediator shall mediate the
dispute during the next 60 days after their his or her selection. Any
of these time periods may be reasonably extended or shortened by agreement of
the disputing Disputing
Parties, or as necessary to conform to the procedure of an
agency or court with jurisdiction over the dispute. Unless otherwise
agreed among the disputing Disputing Parties, each disputing Disputing
Party shall bear its costs for its own participation in the
ADR procedures.
4.9.3 Enforcement of Settlement After Dispute
Resolution. Any Party may seek in a court of competent jurisdiction
specific performance of this Settlement by any other Party, after compliance
with the ADR procedures stated in Paragraphs
4.9.1 -Paragraph 4.9.3. No Party
shall be liable in damages for any breach of this Settlement, any performance
or failure to perform a mandatory or discretionary obligation imposed by this
Settlement, or any other cause of action arising from this Settlement.
The time used to comply with the ADR procedures shall be excluded from
computing any applicable statute of limitations, except where applicable law
precludes such exclusion when computing time. Nothing in Paragraphs 4.9.1 - Paragraph
4.9.3 is intended or shall be construed to affect or limit
the jurisdiction of any agency or court as established under applicable law.
4.10 Withdrawal From Settlement.
4.10.1 Withdrawal of a Party from Settlement.
A Party may withdraw from this Settlement only in the following circumstances:
(a) a disputing Disputing
Party claiming a material breach or violation of this
Settlement may withdraw once the Party has complied with the ADR procedures
stated in Paragraphs
4.9.1 - Paragraph 4.9.3 to attempt to
resolve the dispute; or (b) a Party objecting to a final and non-appealable
order issuing a New Project License that is inconsistent
with this Settlementwith an Inconsistent
Condition may withdraw once the Party has complied with the
ADR procedures stated in Paragraphs
4.9.1 - Paragraph 4.9.3 to attempt to
resolve the objection. In addition, Licensee may withdraw as provided in
Paragraph 4.10.2. In addition, when required to fulfill a statutory or regulatory
responsibility, a Party that is an agency may suspend participation or, if
necessary, withdraw from this Settlement, without first using the ADR
procedures stated in Paragraphs
4.9.1 - Paragraph 4.9.3. Finally,
a Party may withdraw as provided in Paragraph 5.3.
4.10.2 Withdrawal of Licensee from Settlement.
In addition to the provisions of Paragraph 4.10.1, Licensee may withdraw from
this Settlement without first complying with the ADR procedures stated in
Paragraphs 4.9.1 - Paragraph
4.9.3 if a participant Party in
the Collaborative does not execute, or
in the case of the FWS, initial this Settlement by the Effective Date,
or a Party withdraws from this
Settlement, and Licensee reasonably determines at its sole discretion that the
failure to execute or the withdrawal (a) may adversely affect the likelihood of
FS issuing Final final
Section 4(e) Conditions consistent with this Settlement;
(b) may adversely affect FERC’s issuance of a New Project License consistent
with this Settlement; or (c) may adversely affect the likelihood of SWRCB
issuing a 401 Certification consistent with this Settlement; or (d) substantially diminishes
the value of this Settlement to Licensee. Licensee shall exercise the
right to withdraw from this Settlement as provided in this paragraph within 30
days of Licensee’s knowledge of the event creating the right to withdraw.
4.10.3 Method of Withdrawal. A Party may exercise its right to withdraw from this Settlement by giving Notice. Withdrawal is effective 10 calendar days after Notice. A Party that is an agency may suspend participation in this Settlement as provided in Paragraph 4.10.1 by giving Notice.
4.10.4 Continuity After Withdrawal. The
withdrawal of a Party, other than Licensee, does not terminate this Settlement
for the remaining Parties. If a Party withdraws from this Settlement, the
withdrawing Party shall not be bound by any term contained in this
Settlement. Additionally, except
for Licensee, the withdrawing Party shall be deemed to have resigned from the
ERC upon the effective date of the withdrawal and shall not be eligible for
membership in the ERC for a period of 5 years. The withdrawing Party shall
continue to be bound by the Collaborative protocols, to the extent permitted by
applicable law.
4.11 Termination of Settlement. This Settlement shall terminate as to all Parties and have no further force or effect upon expiration of the New Project License and any annual licenses issued after expiration thereof or upon withdrawal from this Settlement of Licensee. If this Settlement is terminated, this Settlement and all documents related to its development, execution, and submittal to FERC shall be deemed confidential and shall not be discoverable or admissible in any forum or proceeding for any purpose to the fullest extent allowed by applicable law, including 18 C.F.R. § 385.606. This provision does not apply to the results of resource studies or other technical information developed for use by the Collaborative.
4.12 Addition of Signatory to Settlement. (Language to be added)
5. General Provisions
5.1 Non-Severable Terms of Settlement. The terms of this Settlement are not severable one from the other. This Settlement is made on the understanding that each term is in consideration and support of every other term, and each term is a necessary part of the entire Settlement.
5.2 No Third Party Beneficiaries. Without limiting the applicability of rights granted to the public pursuant to applicable law, this Settlement shall not create any right or interest in the public, or any member thereof, as a third party beneficiary hereof, and shall not authorize any non-Party to maintain a suit at law or equity pursuant to this Settlement. The duties, obligations and responsibilities of the Parties with respect to third parties shall remain as imposed under applicable law.
5.3 Successors and Assigns. This Settlement shall apply to, and be binding on, the Parties and their successors and assigns. Upon completion of a succession or assignment, the initial Party shall no longer be a Party to this Settlement. No change in ownership of the Project or transfer of the existing or New Project License by Licensee shall in any way modify or otherwise affect any other Party’s interests, rights, responsibilities or obligations under this Settlement. Unless prohibited by applicable law, Licensee shall provide in any transaction for a change in ownership of the Project or transfer of the existing or New Project License, that such new owner shall be bound by, and shall assume the rights and obligations of this Settlement upon completion of the change of ownership and approval by FERC of the license transfer. In the event applicable law prohibits the new owner from assuming the rights and obligations of this Settlement, any Party may withdraw from this Settlement. A transferring or assigning Party shall provide Notice to the other Parties at least 30 days prior to completing such transfer or assignment.
5.4
Failure to Perform Due to Force Majeure. No Party shall be liable
to any other Party for breach of this Settlement as a result of a failure to perform
or for delay in performance of any provision of this Settlement due to any
cause reasonably beyond its control. This may include, but is not limited
to, natural events, labor or civil disruption, or breakdown or failure of
Project works. The Party whose performance is affected by a force majeure
shall notify the other Parties in writing within seven (7) days after becoming
aware of any event that such affected Party contends constitutes a force
majeure. Such notice willshall: (a) identify
the event causing the delay or anticipated delay; (b) estimate
the anticipated length of delay; (c) state
the measures taken or to be taken to minimize the delay; and (d) estimate the timetable for
implementation of the measures. The affected Party shall make all
reasonable efforts to promptly resume performance of this Settlement, and, when
able to resume performance of its obligations and give the other Parties
written notice to that effect.
5.5 Governing Law. The New Project License and any other terms of this Settlement over which a federal agency has jurisdiction shall be governed, construed, and enforced in accordance with the statutory and regulatory authorities of such agency. This Settlement shall otherwise be governed and construed under the laws of the State of California. By executing this Settlement, no federal agency is consenting to the jurisdiction of a state court unless such jurisdiction otherwise exists. All activities undertaken pursuant to this Settlement shall be in compliance with all applicable law.
5.6 Elected Officials Not to Benefit. No member of or delegate to Congress shall be entitled to any share or part of this Settlement or to any benefit that may arise from it.
5.7 No Partnership. Except as otherwise expressly set forth herein, this Settlement does not and shall not be deemed to make any Party the agent for or partner of any other Party.
5.8 Reference to Regulations. Any reference in this Settlement to any federal or state regulation shall be deemed to be a reference to such regulation, or successor regulation, in existence as of the date of the action.
5.9
Notice. Except as otherwise provided in this paragraph, any Notice
required by this Settlement shall be written. It shall be sent to all
Parties still in existence by first-class mail or comparable method of
distribution, and shall be filed with FS and FERC. For the purpose of
this Settlement, a Notice shall be effective 7 days after the date on which it
is mailed or otherwise distributed. When this Settlement requires Notice
in less than 7 days, Notice shall be provided by telephone, facsimile or
electronic mail and shall be effective when provided. For the purpose of
Notice, the list of authorized representatives of the Parties as of the
Effective Date is attached as Appendix C. The Parties shall provide
Notice of any change in the authorized representatives designated in Appendix C; and Licensee shall maintain
the current distribution list of such representatives.
5.10 Paragraph Titles for Convenience Only. The titles for the paragraphs of this Settlement are used only for convenience of reference and organization, and shall not be used to modify, explain, or interpret any of the provisions of this Settlement or the intentions of the Parties.
6. Execution of Settlement
6.1 Signatory Authority. Each signatory to this Settlement certifies that he or she is authorized to execute this Settlement and to legally bind the Party he or she represents, and that such Party shall be fully bound by the terms hereof upon such signature without any further act, approval, or authorization by such Party.
6.1.1 Initialing
by FWS. By initialing this Settlement, FWS signifies
its agreement to this Settlement subject to review of the effects of this
Settlement under Section 7 of ESA on species listed or proposed for listing
under that law. Provided FWS issues a non-jeopardy biological opinion at
the conclusion of the Section 7 consultation that is consistent with this
Settlement, FWS agrees to become at that time signatory to this Settlement.
6.2
Disclosure of Other Agreements. Each Party represents that it is not a party tohas disclosed any other existing
agreement with any Party or non-Party relating to this Settlement. If a
Party subsequently determines that it has such an agreement, such Party shall
provide Notice of the terms of that agreement.
(Check with attorneys if ok to delete)
6.3 Signing in Counterparts. This Settlement may be executed in any number of counterparts, and each executed counterpart shall have the same force and effect as an original instrument as if all the signatory Parties to all of the counterparts had signed the same instrument. Any signature page of this Settlement may be detached from any counterpart of this Settlement without impairing the legal effect of any signatures thereon, and may be attached to another counterpart of this Settlement identical in form hereto but having attached to it one or more signature pages.
WHEREFORE, for valuable consideration, which is hereby acknowledged, and by authorized representatives, the Parties execute this Settlement effective as of __________________________
APPENDIX A. Protection, Mitigation, and Enhancement Measures Recommended to be Included in New Project License, Section 4(e) Conditions, and Other Mandatory License Conditions
Section 1. Streamflow Management
1. Minimum Streamflows. For the preservation and improvement of aquatic resources in the Project area, Licensee shall maintain specified Minimum Streamflows and release Pulse Flows below Project dams as measured at gages NF-2 and NF-70 in accordance with the Tables A-1 and A-2 below. The Minimum Streamflows identified are minimum release requirements as per Paragraph 5. Streamflows in Table A-2 may need to be increased (adjusted) to achieve water temperatures protective of cold-water habitat, as determined to be under the reasonable control of Project Operation. Minimum Streamflows shall commence within 60 days of the issuance of the new license, unless facility modifications are required.
Water Year Type |
Jan |
Feb |
Mar |
Apr |
May |
Jun |
Jul |
Aug |
Sep |
Oct |
Nov |
Dec |
CD |
75 |
75 |
90 |
90 |
90 |
80 |
75 |
60 |
60 |
60 |
60 |
70 |
Dry |
90 |
100 |
110 |
110 |
110 |
110 |
80 |
70 |
60 |
60 |
60 |
75 |
Normal |
90 |
100 |
125 |
125 |
125 |
125 |
90 |
80 |
60 |
60 |
60 |
75 |
Wet |
90 |
100 |
125 |
150 |
150 |
150 |
95 |
80 |
60 |
60 |
60 |
75 |
Water Year type |
Jan |
Feb |
Mar |
Apr |
May |
Jun |
Jul |
Aug |
Sep |
Oct |
Nov |
Dec |
CD |
105 |
130 |
170 |
180 |
185 |
90 |
80 |
75 |
75 |
75 |
85 |
90 |
Dry |
135 |
140 |
175 |
195 |
195 |
160 |
130 |
110 |
100 |
100 |
110 |
115 |
Normal |
140 |
140 |
175 |
225 |
225 |
225 |
175 |
140 |
140 |
120 |
120 |
120 |
Wet |
140 |
140 |
180 |
235 |
235 |
225 |
175 |
140 |
140 |
120 |
120 |
120 |
Where facility modification is required to implement the efficient release of minimum streamflows, the Licensee shall submit applications for permits within one year after issuance of the new license and complete such modifications as soon as reasonably practicable but no later than two years after receipt of all required permits and approvals. Prior to completion of such required facility modifications, the Licensee shall make a good faith effort to provide the specified minimum streamflows within the capabilities of the existing facilities. The requirements of this article are subject to temporary modification if required by equipment malfunction, emergency conditions or as directed by law enforcement authorities, or critical electric system emergency reasonably beyond the control of the Licensee.
2. Streamflows in Lower Butt Creek. Licensee shall take no action to reduce dam leakage, tunnel leakage, spring or other natural flows that currently provide inflow to Lower Butt Creek below the Butt Valley Dam unless directed to do so by FERC or other regulatory agency. As part of any such order, any negative impact that a reduction in flow would have on the ecology of Lower Butt Creek will be considered.
3. Pulse Flows in North Fork Feather River. Pulse flows and gravel monitoring will be implemented in the Seneca and Belden Reaches to further assist in the preservation and improvement of aquatic conditions in the Project area.
A. Pulse Flows:
Licensee shall provide one pulse flow release from both Canyon Dam (Seneca
Reach) and Belden Forebay Dam (Belden Reach) in each of January, February and
March if the forecasted Water Year Type for that month, as defined in Section
__, indicates that the water year is anticipated to be either normal Normal
or wetWet. No pulse flows are
required in months where the Water Year Type forecast for that month indicates
that the water year will be either dry Dry or critically
Critically dryDry.
No pulse flows will be required in March in the respective reach if two
successive days of mean daily water temperature greater than 10 degrees C are
measured at gages NF2 or NF70, or if rainbow trout spawning is observed in the
Seneca or Belden Reaches and reported to Licensee by CDFG or FS. In both
the Seneca and Belden Reaches, pulse flows shall be implemented such that the release
volume is no more than 1,800 acre-feet of water per each pulse flow
event. The typical schedule is to increase the streamflow at the Basic
Ramping Rate (as defined below in Section
1, Paragraph 6) to reach the peak
streamflow, and hold the peak streamflow for 12 hours. The peak
streamflow is variable by month and water year type as follows: 675 cfs
in January of Wet and Normal water years; 1,000 cfs in February and March of
Normal water years, and 1,200 cfs in February and March of Wet water
years. In the Seneca Reach
during March of Normal and Wet years, After
the peak streamflow is complete, streamflow is reduced at
the Basic Ramping Rate until 400 cfs is reached, held at that streamflow for 6
hours, and then reduced at the Basic Ramping Rate until the Minimum Streamflow
specified in Paragraph 1 above is reached. The 6-hour period of constant
streamflow during the ramp down shall occur between 9 am and 3 pm of a weekend
to allow recreational boating opportunities. A
similar schedule shall be implemented in January and February of Normal and Wet
years, but without the period of constant flow during the ramp down.
In the Belden Reach, no period of constant flow during the ramp down is
required in any month.
B. Pulse Flow Monitoring (Gravel Monitoring Plan): The Licensee shall, within 12 months of license issuance, develop and implement a Pulse Flow Monitoring Plan, in consultation with the FS, CDFG, FWS, SWRCB, and other Parties that has been approved by the FS, and filed with FERC. The plan shall evaluate movement of sediment that occurs during scheduled pulse flow events and other flow events of a similar magnitude as scheduled pulse flows. Emphasis shall be placed on monitoring the movement of spawning-sized gravel and recruitment of similar-sized material into the Belden and Seneca Reaches. If, after consultation with the FS, CDFG, FWS, and SWRCB, the resource agencies determine that the pulse flows appear to have a detrimental impact on the availability and distribution of spawning-sized gravel, or it appears that a pulse flow of a different magnitude or duration would be beneficial, the pulse flow schedule shall be altered to better achieve the desired results. The proposed, revised schedule of pulse flows shall be approved by the FS and filed with FERC. Regardless of changes made to the magnitude and duration of a pulse flow, the total volume of water that is allocated for pulse flows in each year shall not increase beyond the volume described in Paragraph 3 of Section XX.
4. Pulse Flows in Lower Butt Creek. If determined to be necessary as per Paragraph 8 below, Licensee shall provide pulse flows via use of the Butt Valley Reservoir spillway or an acceptable alternative. The magnitude, ramping, and duration of the pulse flow[s] will be determined in consultation with FS, FWS, SWRCB, CDF&G and Parties and will consider the need to adequately move desired particle size material to the confluence with the Seneca Reach and address woody debris and live vegetation concerns. The timing of any pulse flows shall be coordinated and occur simultaneously with pulse flows in the Seneca Reach.
5. Streamflow Measurement. For the
purpose of determining the river stage and Minimum Streamflow below Canyon Dam
and Belden Forebay Dam, Licensee shall operate and maintain the existing gages
at NF-2 and NF-70 (United States Geological
Survey (USGS)
gages 11399500 and 11401112, respectively) consistent with all requirements of
FERC and under the supervision of the USGS. Any modification of the gage
facilities at NF-2 and NF-70 that may be necessary to measure the new Minimum
Streamflow releases shall be completed within three years after issuance of the
new license. Individual mean daily flows shall be equal to or greater
than the monthly Minimum Streamflowdesignated as shown on Table A-1 and
A-2. The instantaneous 15-minute streamflow at the
compliance gage shall be at least 90 percent of the mean
daily flowMinimum Streamflow for
the applicable monthly Minimum Streamflow.
6. Ramping Rates. For the preservation and improvement of aquatic resources in the Project area, Licensee shall control river flows by ramping streamflow releases from Project dams as provided in this Paragraph. Ramping Rates shall not apply to releases from Project Powerhouses (excluding Oak Flat Powerhouse) or unregulated spills from Project dams.
A. Basic Ramping Rates: During periods when ramping can be controlled, Ramping Rates shall apply to releases made from Canyon Dam and Belden Dam. Ramping Rates shall be followed during releases made to provide winter pulse flows and summer recreation flows, and all other releases from dams that the Licensee makes for operational purposes. Monthly changes in Minimum Streamflow releases shall be made in a single step because the change is always less than the Ramping Rate criterion. Licensee shall follow the Basic Ramping Rate as close as reasonably practicable given gate and other operating limitations:
Canyon Dam: 0.5 ft/hr up and down, in all months, as measured at NF-2; and
Belden Dam: 0.5 ft/hr up and down, in all months, as measured at NF-70.
Changes in Canyon Dam streamflow releases, because of gate size and other factors, may exceed the Ramping Rate in any particular hour, but Licensee shall make a good faith effort to return to the overall Basic Ramping Rate in the next and subsequent hours.
B. Revision
to Ramping Rates: In the event that studies or monitoring that may be required during the
term of the License result in changes to the Basic Ramping Rate, the new
Ramping Rates shall not result in an increase in the total volume of water that
is required to be released when the new Basic Ramping Rates are applied to
Pulse Flows (FIX LATER)10% for
Recreation River Flows. Rather, if necessary,
the volume of water required to accommodate the new Ramping Rates shall be made
up by decreasing the volume and/or timing of Pulse Flows,
Recreation River Flows or Minimum Streamflows such
that the total volume of water required to be released remains the same.
C. Unit Trips: Licensee shall make a good faith effort to control streamflow releases to stay within the basic Ramping Rates but shall not be in violation of the Basic Ramping Rates in the event that the specified rates are exceeded due to a unit tripping off-line, and subsequent restoration, or other conditions beyond the reasonable control of Licensee.
7. Belden Block Loading. To minimize 1) the frequency of fluctuation in the river stage and 2) help meet Basic Ramping Rates at downstream Licensee dams, Licensee shall block load Belden Powerhouse at times when the Rock Creek Dam is spilling water in excess of the minimum streamflow required under the License for Project No. 1962 but less than 3,000 cfs. Under block loading, a unit’s generation level is not cycled but rather set at a constant level for a predetermined period of time. Licensee shall not be required to implement or continue this operation if the gate controls at downstream Licensee dams are shown to be able to meet the Ramping Rates specified in the Project 1962 License without such block loading. If the draft through Belden Powerhouse needs to be increased or decreased from block loading levels between 0 and 40 MW, Licensee shall, to the extent reasonably feasible, make adjustments to Belden Powerhouse drafts so as not to exceed ramping rates specified in the Project 1962 license. Because of operational constraints that limit Licensee’s ability to operate Belden Powerhouse between 40 and 70 MW, Licensee shall not be required to comply with the Basic Ramping Rates if a transition through these MW levels is needed. Licensee shall attempt to accomplish this transition with as little impact on the Basic Ramping Rates as reasonably feasible.
8. Lower Butt Creek Monitoring. In addition to maintaining gages at NF-2 and NF-70 as provided in Paragraph 6 discussed above, Licensee shall rehabilitate, as necessary, and maintain an existing gage located on Lower Butt Creek designated by Licensee as NF-9. An approximate rating curve shall be maintained but the gage and the data collected at the gage shall not be required to meet USGS standards. This gage shall be read each year on or about April 1, June 1, August 1 and October 1. If it is determined during the course of the study conducted under the plan to be developed as outline below that the Lower Butt Creek weir is acting to block fish passage, then removal or modification of the existing weir shall be evaluated, and implementation of the removal or modification shall be completed within one year of the determination. Within 12 months of license issuance, Licensee shall, in consultation with FS, FWS, SWRCB and CDFG, develop and submit to FERC for approval, a plan to monitor and assess aquatic habitat quality in Lower Butt Creek between Butt Valley Dam and the confluence with the North Fork Feather River. This plan shall include evaluation of habitat quality at intervals of 3 to 5 years, depending on water-year magnitude and other appropriate factors. If the Licensee, in consultation with FS, FWS, SWRCB and CDFG, concludes that habitat quality in Lower Butt Creek has degraded and that a pulse flow would provide a significant benefit, then Paragraph 4 above shall be implemented.
9. Seneca and Belden Reach Habitat
Monitoring. Between years 10
and 12 years afterfollowing
license issuance, Licensee shall initiate a cooperative aquatic monitoring
program with FS, FWS, SWRCB, and CDFG, and sampling shall occur every two years
over a six-year period, for a total of three sampling periodsevents. The program shall
include monitoring of fish populations and benthic macroinvertebrates in at
least three sites in each reach. Sampling may be deferred to the
following year in the event of a Critically Dry year. The Licensee shall
provide results of the monitoring and any flow
change recommendations to FERC, FS, FWS, SWRCB, CDFG and
Parties. Regardless of changes
made to the magnitude and duration of a minimum monthly flows, the total volume
of water that is allocated for stream flows in each year shall not change
beyond the volume described in Tables A-1 and A-2. (Tom consider this addition)
Section 2. Recreation River Flow Management
1. Recreation River Flow Technical Review Group. Licensee shall, within 6 months after license issuance, establish a Recreation River Flow Technical Review Group (TRG) for the purpose of consulting with Licensee in the design of recreation and resource river flow management and monitoring plans, review and evaluation of recreation and resource data, and in the development of possible recreation river flows in the Belden Reach. The TRG shall be composed of FS, CDFG, SWRCB, FWS, NPS, Plumas County, and other Parties. TRG meetings shall be open to the public and comments accepted. The Licensee shall maintain, and make public, records of TRG meetings, and shall forward those records with any recommendations to the FS, SWRCB and FERC. The Licensee shall establish communication protocols in consultation with the TRG to facilitate interaction between group members, which allow for open participation, expert consultation, and communication between all TRG participants.
2. Recreation Flow Implementation Plan. Licensee shall implement the following plan.
A.E.
Determination to Proceed with Test Flows:
Within 6 months after license issuance, Licensee shall convene the TRG to
evaluate the existing available ecological information regarding recreation
river flows. Within six months of convening the TRG, Licensee shall
forward to FS and SWRCB TRG recommendations as to whether or not unacceptable
impacts on sociological or ecological resources will occur and if recreation
test river flows as prescribed in Table B should be conducted in order to
further evaluate the ecological and social effects of the Belden Reach
Recreation River Flow.
B.F.
Approvals to Proceed with Test Flows:
Any recommendation regarding recreation test river flows made by the TRG shall
be submitted to the FS and SWRCB for review and approval. The FS and
SWRCB will consult with appropriate state and federal agencies, Licensee,
tribal governments, and other interested Parties prior to approving the
proposal as submitted or modified. Following approval by the FS and the
SWRCB, Licensee shall file the proposal with FERC for approval.
C.G.
Conducting Test Flows: Upon approval
from FERC, Licensee shall conduct recreation test river flows as prescribed in
Table B for a 3-year period.
D.H.
Monitoring: Licensee shall prepare and
submit to the FS and SWRCB for their review and approval, concurrent with the
TRG recommendation, a Belden Reach Recreation River Test Flow Evaluation Plan.
Upon FS and SWRCB approval, Licensee shall file the plan with FERC for its
approval. The plan shall be designed to evaluate the effects of the
recreation test river flow releases on ecological and social resources,
and the metrics to be used in this determination. Upon approval of the
plan by FERC, Licensee shall implement the plan during the 3-year recreation
test flow period.
E. Determination of Continued Flows: After the 3-year recreation test river flow period, Licensee shall convene the TRG to evaluate the existing available ecological and social information. The TRG shall make a recommendation if recreation river flows should be continued in order to meet the river flow management for recreation objective. Any continued recreation river flows shall not exceed the flows prescribed in Table B.
F.G.
Approval of Results of Determination of Continued
Flows: Any recommendation regarding continued recreation river flows
made by the TRG shall be submitted to the FS and SWRCB for review and approval,
as appropriate. The FS and SWRCB will consult with appropriate state and
federal agencies, Licensee, tribal governments, and other interested Parties
prior to approving the proposal as submitted or modified. Following
approval by the FS and the SWRCB, Licensee shall file the proposal with FERC
for approval.
3. Recreation River Flows. Subject to the conditions of Paragraph 3 above, Licensee shall implement the following recreation river flow schedule and other provisions presented in Table B, Belden Reach Recreation River Flow Schedule.
Table B – Belden
Reach Recreation River Flow Schedule *
Month |
Release amount in Cubic Feet per Second (cfs) |
Release Days per Month |
Boater Day Triggers |
|||||
|
Dry/ Crit. Dry |
Normal/ Wet |
Crit. Dry Start |
Crit. Dry Cap |
Dry/ Normal/Wet Start |
Dry/ Normal/Wet Cap |
Wet & Normal /Dry |
|
|
|
|
|
|
|
|
Up |
Down |
July |
650 |
750 |
1 day |
1 day |
1 day |
2 days |
130/180 |
90 |
Aug |
650 |
750 |
1 day |
1 day |
1 day |
2 days |
160/200 |
100 |
Sep |
650 |
750 |
1 day |
1 day |
1 day |
2 days |
160/200 |
100 |
Oct |
650 |
750 |
1 day |
1 day |
1 day |
2 days |
160/200 |
100 |
(Tom will check with upper management regarding adjustments to triggers – Patti check with Jerry Mensch)
A. Recreation Flow Calendar: Licensee shall post an annual recreation flow calendar that schedules the initial recreation flow day per month, unless modified by the TRG. Licensee shall conduct an annual planning meeting each year in March to discuss expected Water Year Type, results of monitoring efforts, Licensee maintenance needs that may conflict with recreation flow releases, and other relevant issues.
B. Additional Flow Days: The desired date of the month for the second flow will be recommended by the TRG based on evaluation of social and ecological considerations.
C.F.
Recreation River Flow Postponement:
1. Insufficient
Electric Generation Reserves: Licensee may postpone up to one weekend
of recreation river flow releases in July and one weekend of recreation river
flow releases in August based on projected insufficient electrical generation
reserves (Stage II alert or
its equivalent) as forecasted by the Independent System
Operator (or its successor), provided Licensee gives 48-hours notice or as much advance notice as possible to
the recreation community via the streamflow
information sites specified below. Such notice may be accomplished by sending a notice
to the phone number or Website specified by American Whitewater.
2. Emergencies:
In the event of an eEmergency (as
defined in ___), Licensee may postpone any scheduled
recreation river flow release. Licensee shall provide as much notice as
reasonably practicable under the circumstances.
3. Postponed Recreation River Flows: Licensee shall reschedule postponed recreation river flow releases as recommended by the TRG.
D. Triggers for Adjustments: Licensee shall count observed boater use in boater days to determine whether recreation river flow release days should be added or subtracted. One boater day is defined as use of the Belden Reach for boating by one person for any part of a given day. Licensee shall collect boater use data on each scheduled recreation river flow release day. One day of recreation river flow shall be added to the recreation river flow schedule the next year after 100% exceedance of the up-trigger is met for each day in a particular month of that year. One day of recreation river flow shall be subtracted from the recreation river flow schedule for the next year after 100% exceedance of the down-trigger are not met in a particular month of that year. Days shall be adjusted in the same month in which use is monitored. Recreation river flow releases shall not decrease below 1 day per month and shall not exceed the Cap defined in Table B. Recreation river flow release days shall not be added or subtracted during any period of recreation test river flows conducted pursuant to Paragraph 3(C) above.
G. E. Ramping Rates:
In implementing recreation river flows, Licensee shall apply the Basic Ramping
Rates as defined in Section 1.
H. Streamflow Information. Through a third party or other mechanism, Licensee shall make available on the Internet, a calendar that lists the dates of March pulse flow in the Seneca Reach and any scheduled releases into the Belden Reach. The calendar shall state the timing and magnitude of the flow release. The March release in the Seneca Reach will be posted by February 15 and the scheduled summer releases in the Belden Reach will be posted by May 15. In the event that unscheduled flow releases are determined to be necessary, Licensee shall post an estimate of the release magnitude and duration of the flow.
Section 3. Reservoir Operation
1. Water Level Management. To meet the
ecological, cultural, aesthetic, social, economic, recreational and Project
operational needs, Licensee shall operate Project reservoirs in accordance with
the following provisions. Lake level is defined as surface water
elevation, expressed in PG&E datum and measured at Canyon Dam, Butt Valley
Dam, and Belden Forebay Dam. PG&E datum is 10.2 feet lower than the United States Geological Survey (USGS) datum. All elevations
noted within this Section are PG&E datum.
2. Lake Almanor Water Levels. Lake Almanor is a multi-season reservoir that typically fills from January through June and is then drafted from July through December. Licensee shall operate Lake Almanor as follows:
A. Wet and Normal Water Years: Under Wet and Normal Water Year Types, Licensee shall operate Lake Almanor so that by May 31, the water surface elevation is at or above 4485.0 feet, corresponding to approximately 908,000 acre-feet (AF). From June 1 through August 31, Licensee shall operate Lake Almanor so that the water surface elevation is at or above 4485.0 feet, corresponding to approximately 908,000 AF.
B. Dry Water Years: Under Dry Water Year Types, Licensee shall operate Lake Almanor so that by May 31, the water surface elevation is at or above 4483.0 feet, corresponding to approximately 859,000 AF. From June 1 through August 31, Licensee shall operate Lake Almanor so that the water surface elevation is at or above 4480.0, corresponding to approximately 787,000 AF.
C. Critically Dry Water Years:
Under Critically dry Dry Water Year Types, the
Licensee shall operate Lake Almanor so that by May 31, the water surface
elevation is at or above 4482.0 feet, corresponding to approximately 835,000
AF. From June 1 through August 31, Licensee shall operate Lake Almanor so
that the water surface elevation is at or above 4480.0 feet, corresponding to
approximately 787,000 AF.
3. Butt Valley Reservoir Water Levels. Under all Water Year Types, Licensee shall operate Butt Valley Reservoir so that minimum water surface elevations from June 1 through September 30 are at or above elevation 4120.0 feet, corresponding to approximately 32,000 AF and from October 1 through May 30, are at or above elevation 4115.0 feet, corresponding to approximately 24,500 AF.
4. Belden Forebay Water Levels. Under all Water Year Types, Licensee shall operate Belden Forebay so that the minimum water surface elevation is 2905.0 feet, corresponding to approximately 300 AF.
5. Multiple Dry Water Years. In the event of multiple, sequential Dry or Critically Dry Water Years, Licensee shall be allowed to decrease surface water elevations beyond those specified in Paragraphs 2 through 4. By March 10, Licensee shall notify CDFG, FWS, SWRCB, FS, and Plumas County of Licensee’s drought concerns, and consult with representatives from CDFG, FWS, SWRCB, FS, and Plumas County to discuss operational concerns and plans by May 1 of the second or subsequent Dry or Critically Dry water years and the year following the end of the sequence of Dry and/or Critically Dry water years. If agreement is reached between all Parties, implementation of an operational plan may begin as soon as documentation of the agreement is filed with FERC. If unanimous agreement is not reached, Licensee shall submit the proposed plan to FERC, as well as both assenting and dissenting comments, should they exist, and request expedited approval.
6. Temporary Modifications. Licensee may modify the minimum water surface elevations specified in this Section upon agreement between Licensee, SWRCB, CDFG, FWS, FS, and Plumas County for any of conditions listed below or, if a timely agreement is deemed not possible by Licensee, upon FERC approval of a proposal filed by Licensee. Any agreement reached by the Parties noted above may be implemented as soon as documentation of the agreement is filed with FERC. If Licensee provides a proposal to FERC for approval, such proposal shall contain any comments or recommendations received from SWRCB, FWS, CDF&G, FS and Plumas County. Possible conditions that may warrant temporary modifications include:
A. The California Independent System Operator (ISO) (or its successor) or FERC determines that an extreme power shortage exists, and that drawing down Lake Almanor would help to alleviate the shortage.
B. There is a threat to life or damage to property, or law enforcement activity is required.
C. A natural disaster or “Act of God” occurs that threatens the integrity of the Project.
D. Substantial maintenance or repair work on Project facilities is required.
7. Emergencies. In the event
Licensee is required to take immediate action to
prevent imminent loss of life or substantial property damageof an Emergency, Licensee is
authorized to take such immediate action as may be necessary to reduce the
risk.
8. Exercise of Licensee’s Water Rights. Nothing in this Section is intended to (1) prevent or reduce Licensee’s ability to fully deliver water to the State of California and Western Canal Water District according to the January 17, 1986 agreement between the State of California, Western Canal Water District, and Licensee or (2) prevent or reduce Licensee’s ability to fully exercise its water rights for storage and direct diversion at its facilities.
9. Maximum Water Surface Elevation. In addition to the management procedures contained in this Section, Licensee shall take such reasonable actions as may be prudent to keep the water surface elevation in Lake Almanor from exceeding elevation 4494.0 feet unless a higher level is approved by FERC and the California Department of Water Resources, Division of Safety of Dams.
10. Implementation of Water Surface Elevation Requirements. Licensee shall implement the requirements of this Section 3 within six months after license issuance.
11. Lake Almanor Information. Licensee shall make available daily midnight storage and water surface elevation of Lake Almanor, rounded to the nearest 100 AF and tenth of a foot, respectively, delayed between approximately 7 and 10 days, on the Internet through a third party or other mechanism.
12. Annual Meeting With Plumas County.
Licensee shall meet annually with a committee appointed by the Plumas County
Board of Supervisors. The committee will be
limited to four persons, and the Plumas County Board of Supervisors will
determine membership. This meeting shall be held
between March 15 and May 15 to allow Licensee to inform the committee about
Almanor lake levels predicted to occur between May 1 and September 30. In
addition, should the provisions in Paragraph 8 be forecasted to occur, Licensee
shall schedule an additional meeting with the committee within
one month of the forecast an additional meeting with the committee.
Section 4. Water Year Type
Reservoir operating levels, Minimum Streamflows, pulse flow occurrence, and recreation flows may vary depending on the predicted magnitude of the annual runoff from the river basin. Water years have been classified into four Water Year Types based on the California Department of Water Resources (DWR) records of annual inflow to Lake Oroville (Oroville) from 1930-1999: Wet, Normal, Dry, and Critically Dry (CD). Licensee shall determine Water Year Type based on the predicted, unimpaired inflow to Oroville and spring snowmelt runoff forecasts provided by Licensee and DWR each month from January through May. The Water Year Types are defined as follows:
Wet: Greater than or equal to 5,679 thousand acre-feet (TAF) inflow to Oroville.
Normal: Less than 5,679 TAF, but greater than or equal to 3,228 TAF inflow to Oroville.
Dry: Less than 3,228 TAF, but greater than or equal to 2,505 TAF inflow to Oroville.
CD: Less than 2,505 TAF inflow to Oroville.
Licensee shall make a forecast of the Water Year Type on or about January 10th, notify FS, CDFG, FWS, SWRCB, and Plumas County within 15 days, and operate for the remainder of that month and until the next forecast based on that January forecast. New forecasts will be made on or about the tenth of February, March, April, and May after the snow surveys are completed, and operations will be changed as appropriate. In making the forecast each month, average precipitation conditions will be assumed for the remainder of the water year. The May forecast shall be used to establish the Water Year Type for the remaining months of the year and until the next January 10, when forecasting shall begin again. Licensee shall provide notice to FERC, SWRCB, CDFG, FS, FWS, Plumas County, and other interested Parties of the final Water Year Type determination within 15 days of making the determination.
Section 5. Water Quality Monitoring Program
1. GoalWater Quality Monitoring. The intent of this article is to provide The Licensee shall conduct an
ongoing water quality monitoring program for Lake
Almanor, Butt Valley Reservoir, and the Upper North Fork Feather River (UNFFR).the Project The water quality monitoring program willto provide data to demonstrate the level of protection provided for beneficial
uses of Project waters ensure a reasonable protection of beneficial uses
of the project waters and will allow
for identification of any trends any project-related changes
in water quality that may occur over time.
2. Water Quality Study and Monitoring Plan
B.
Bacteriological Sampling: The Licensee will shall conduct bacteriological
monitoring (consistent with Basin Plan objectives for protection of the REC-1
beneficial uses) at a
total of 10 locations within the UNFFR Project
boundaries. Sampling will shall include five annually
rotating stations at Licensee-owned or managed recreation sites around Lake
Almanor, three rotating stations at Licensee-owned or managed recreational
sites around Butt Valley Reservoir, and two recreation sites on the Belden
Reach of the UNFFR. Sampling locations will shall be selected based on
criteria that include: (a) swimming and other water contact recreation
activities are known to occur in the area, and (b) there are sources for
potential introduction of pathogens to the water column in the immediate
vicinity. Five samples will shall be collected at each of
the 10 sampling locations during the 30-day period that spans either the
Independence Day Holiday (June-July) or the Labor Day Holiday
(August-September), using the five samples in 30-days methodology.
2.
Frequency: Bacteriological monitoring will shall be conducted annually for
the first five (5) years after license issuance of the license for FERC Project 2105,
then once every other year through the term of the license. The licensee Licensee
and the participants listed in Section
5, Paragraph 3.(D)Section
3.4 will shall determine selection of
sampling locations for each upcoming field season. Licensee
shall consult with SWRCB for determination no
later than May 31 of each designated sampling year A list of locations to be
sampled shall be provided by the SWRCB to the Licensee no
later than May 31 of each designated sampling year.
This monitoring program may be modified or terminated if agreed to by the licensee Licensee
and the participants listed in Section
5, Paragraph 3.(D)Section
3.4.
C. Fish Tissue
Bioaccumulation Screening: The licensee Licensee will shall monitor the potential
bioaccumulation of silver, mercury, and PCBs in tissue samples collected from
resident catchable-sized fish in Project waters of the UNFFR project.
Fish collected from Lake Almanor and Butt Valley
Reservoir will shall be analyzed for silver
and mercury. Fish collected from Belden Forebay will shall be analyzed for PCB’s, silver, and mercury. All
fish collected will shall be within the legal
“catchable” size range (minimum total length of 8 inches), with larger
individuals targeted (i.e., total length of 10-12 inches and larger). The
sampling strategy developed for Butt Valley Reservoir
and Belden Forebay will shall
be consistent with the field methods developed in the
relicensing process in coordination with the SWRCB’s Toxic Substances
Monitoring Program, and are presented
in Table 1. Specific sampling strategies for Lake Almanor are listed in
Table 2.
1.
Frequency: The bioaccumulation fish tissue screening samples will shall
be collected once every 5 years, beginning the first year
after license License
issuance for FERC Project No.
2105. The monitoring will shall continue through the term
of the new New licenseLicense.
During the term of the new New licenseLicense, the monitoring and
reporting requirements may be modified or terminated after it is demonstrated
to the satisfaction of the appropriate agencies
listed in Section 5, Paragraph
3.(D)Section 3.4 that
the given requirement is no longer necessary.
Butt Valley Reservoir
Assessment of Silver and Mercury uptake in resident fish species.
Sample: Smallmouth Bass (9 individuals)
Brown Trout (6 individuals)
Rainbow Trout (6 individuals)
Belden Forebay
Assessment of Silver, Mercury and PCB uptake in resident fish species.
Sample:
A) Smallmouth Bass (6 individuals)
Rainbow Trout (6 individuals)
Sacramento Sucker (2 composites1 of 3 individuals)
or
B) Smallmouth Bass (3 composites1of 3 individuals)
Rainbow Trout (3 composites1 of 3 individuals)
Sacramento Sucker (2 composites1 of 3 individuals)
1 Composites
must fall within a 25% range in total length).
Lake Almanor
Assessment of Silver and Mercury uptake in resident fish species.
Sample: Smallmouth Bass (18 individuals)
Brown Trout1 (9 individuals)
Brown Bullhead (2 composites2 of 3 individuals)
1 Sacramento Pikeminnow may be substituted, if brown trout cannot be reasonably obtained.
2 Composites
must fall within a 25% range in total length).
D.
Canyon Dam Mitigation Measures Evaluation: Licensee
shall monitor and evaluate Tthe adequacy and efficacy of
the mitigation measure of the seasonal gate switching at the Canyon Dam Intake
Tower, which is designed to reduce
odor and suspended metals while maintaining appropriate water temperatures
below Canyon Dam, will be monitored and
evaluated. Profiles of in-situ
parameters, including DO, temperature, pH, specific conductance, and turbidity profiles willshall be collected at 1-meter
intervals at Canyon Dam in Lake Almanor during June, July, August, September,
and October to monitor the onset of reduced conditions in the hypolimnion of
Lake Almanor. Hydrogen sulfide, iron, manganese, arsenic,
and in situ parameters willshall be measured at the
surface and bottom inof Lake Almanor and at three
locations in the Seneca Reach of the UNFFR during September and October.
Sediment samples willshall be collected
and analyzed for hydrogen sulfide, sulfate, iron, arsenic (Check with Charlie) and
manganese and willshall be collected during the
October event in Lake Almanor near Canyon Dam.
The collection
of the water quality and sediment sampleswillshall be coordinated with the
mitigation measure described in Section 5,
Paragraph 2(D) by switching from the lower gate to the
upper gate at the Canyon Dam Intake Tower. The September sample willshall
be taken prior to the gate switch and the October sample willshall be taken after the gate
has been switched to ensure that the mitigation measure is effective.
1.
Frequency: The monitoring willshall begin the first year
after license issuance of the new license.
At a minimum, monitoring willshall occur in six (6) water
years, with two (2) occurrences in wet Wet water years, two (2)
occurrences in normal Normal water years, and two (2)
occurrences in dryDry/cCritically dry Dry water years after license issuance of the license for FERC Project No. 2105.
At the conclusion of the 6-year data collection effort, the program willshall
be evaluated to determine the effectiveness of the mitigation measure.
Based on data providedcollected, the licenseeLicensee,
in consultation with the participants listed in Section
5, Paragraph 3.(D)Section
3.4, shall make a determination on the effectiveness of the
measure and the need (if any) for additional monitoring or development and
implementation of alternative measures.
E.
Lake Almanor Water Quality Monitoring Program: Licensee
shall conduct Water water quality sampling in Lake
Almanor will be conducted to
monitor long-term water quality trends in Lake Almanor.
The monitoring program is designed to monitor the long-term effects trends
observed in Lake Almanor and to determine if water quality
parameters meet water quality objectives outlined in the Basin Plan and the
USEPA CTR and NRAWQ criteria. The lLicensee willshall collect water samples in
Lake Almanor to be analyzed for general minerals, metals, nutrient, and
petroleum products (Table 3). In situ parameters (including DO,
temperature, pH, specific conductance, and turbidity) willshall be collected at 1-meter
intervals. Secchi disc measurements willshall also be collected.
Samples willshall
be collected at the surface and near the bottom at three (3) representative
locations, one in the channel near the Canyon Dam intake structure; one in
western lobe, and one in the eastern lobe.
1.
Frequency: Lake Almanor water quality monitoring willshall
be conducted seasonally (spring summer, and fall) once every five (5) years
beginning in Year 3 after license issuance for
FERC Project No. 2105, and willshall continue through the term
of the New Project lLicense.
The sampling frequency may be increased to once every three (3) years for specific
constituent(s) on Table 3 if the water quality monitoring results exhibit a
statistically significant increasing trend over time, or if a constituent’s concentrations
that have been historically low, approach or exceed applicable
criteria outlined in Section 2.5.
During the term of the new New licenseLicense, the monitoring and
reporting requirements may be modified or terminated if agreed to by the
Licensee and the participants listed in Section 5, Paragraph
3(D)Section 3.4 that
the given requirement is no longer necessary or needs to be adjusted to more
appropriately monitor for changes in project operations, regulatory mandates,
or focus study needs.
Table 3. Sampling Parameters for the Lake Almanor Water Quality Monitoring Program.
Total Metals1 |
Aluminum |
|
Nutrients |
Nitrate+Nitrite |
|
Silver |
|
|
Total Ammonia |
|
Arsenic |
|
|
Orthophosphate |
|
Copper |
|
|
Total Phosphorous |
|
Cadmium |
|
|
Total Organic Nitrogen |
|
Iron |
|
|
Total Kjeldahl Nitrogen |
|
Manganese |
|
|
Chlorophyll-a |
|
Mercury |
|
|
Total Organic Carbon |
|
Nickel |
|
|
|
|
Zinc |
|
Petroleum |
MTBE |
|
|
|
Products |
TPHG |
Minerals |
Calcium |
|
|
BTEX (Surface only) |
|
Magnesium |
|
|
|
|
Sodium |
|
In-Situ |
Temperature |
|
Potassium |
|
|
Dissolved Oxygen |
|
Chloride |
|
|
pH |
|
|
|
|
Specific Conductance |
General |
Hardness |
|
|
Turbidity |
|
Sulfate |
|
|
Secchi Disk |
|
Total Alkalinity |
|
|
DO (% saturation) |
|
Total Suspended Solids |
|
|
|
1 Dissolved
concentrations may shallbe calculated and reported for cadmium,
copper, lead, nickel, silver, and zinc as outlined in The Metals Translator:
Guidance for Calculating a Total Recoverable Permit Limit from A Dissolved
Criterion (EPA 823-B-96-007).
3. Reporting and Agency Consultations
A.G.
Within three months after acceptance
of a new license issuance,
the Licensee shall develop, in consultation with the participants listed in Section 5, Paragraph 3(D)Section 3.4, monitoring plans
that provide specific details, analytical methods, sampling protocols and QA/QC
procedures that will be used in the initial monitoring studies described in
Section 5, Paragraph 2.0. These water quality
monitoring plans shall be submitted to the participants listed in Section 5, Paragraph 3(D)Section 3.4 for review, and
shall be filed with FERC as soon as practicable.
B.H.
The measures described in Ssection 5,
Paragraph 2.0
and clarified by plans developed according to section
3.1Section 5, Paragraph 2
willshall
outline the monitoring efforts to be implemented in the first five years of the
license. This monitoring program is intended to be adaptive in nature and
may be modified to more effectively focus on specific project related water
quality conditions identified in project waters, if agreed to by the Licensee
and the participants listed in Section 5, Paragraph
3(D)Section 3.4.
C.I.
The monitoring program shall begin on January 1 of
the year following license issuance of a New Project License.
D.J.
Licensee shall prepare The the initial development and any future modification of
these water quality monitoring plans and
any subsequent notification thereto, shall be prepared in
consultation with the signatories to this
agreementParties,
the State Water Resources Control BoardSWRCB, and other parties who
request involvement. Licensee shall file the water quality monitoring
plans and any future
subsequent modification
thereto, with the State Water Resources Control BoardSWRCB for approval.
Licensee shall thereafter submit the water quality monitoring plan to FERC for
approval.
E.K.
The Licensee shall prepare an annual water quality
report that contains elements consistent with reporting requirements from all
plans under this article. The annual report shall be provided to FERC and
the participants listed in Section 5, Paragraph
3.(D)Section 3.4
no later than May 31 March 15 of the following year.
F.L.
To facilitate the exchange of data and ensure
dialogue between water quality and aquatic resources management agencies and
participants listed in Section 5, Paragraph
3.(D)Section 3.4,
the Licensee shall convene a discussion group meeting once annually, following
distribution of the annual water quality monitoring report. Invitation to
participate in the annual water quality discussion group shall include, at a
minimum, those entities listed in Section 5, Paragraph
3.(D)section 3.4. The
annual water quality meeting shall be noticed within
30 daysat the time
of annual report distribution and shall provide a minimum of 30 days advance
notice to invited participants. The meeting
shall occur between April 15 and April 28.
To enhance wildlife habitat, License shall prepare a
Wildlife Habitat Enhancement Plan (Plan) within
12 months of the date of license issuance of the License. The
Plan shall be developed in consultation with the FS, FWS, CDFG, SWRCB, and
Plumas County. Enhancement effort The
enhancement efforts in the Plan shall be limited to lands owned by the Licensee on the
shoreline of Lake Almanor from Last Chance Campground westward to approximately
the northern edge of the flood control channel south of the Chester Airport.
This The plan Plan will shall
be designed to benefit a variety of sensitive biological
resources including rare plants, wetlands, streamside riparian communities,
cultural resources and sensitive wildlife habitat. The primary elements
of the Plan shall be fencing and vehicle exclusion measures that will allow
continued public foot access to the area to be implemented
within two years of license issuance. The
Plan shall includeLicensee’s obligation
to fund enhancement efforts in the Plan shall be limited to
an initial investment of $20,000 (2005 dollars) and an ongoing annual
maintenance investment of $5,000 (2004 dollars). The Plan shall include a
provision for periodic review of enhancement efforts with the agencies noted above
and shall include procedures for documenting initial and ongoing enhancement
efforts.
Licensee
shall implement the following recreation facility
development, operation and maintenance, monitoring, plan
review and revision, resource integration,
and interpretive and education programs measures over
the term of the license as stipulated below. Additional implementing
details of these improvements programs shall be included in
the draft UNFFR Recreation Resource Management Plan (RRMP), which shall be finalized developed
by the Licensee in consultation with the FS within
one year after license from FERC’s issuance of the new project license.
1. Recreation Facilities Development Program
The Licensee shall
implement the recreation facility enhancement measures described in this
Section after license issuance and during the license term, based on monitoring indicators and triggers standards) contained in the License
Application Draft UNFFR Recreation
Resource Management Plan (RRMP). The term “Accessible” below refers to
ADA-accessibility improvements that shall be made in accordance with the Americans with Disability Accessibility Guidelines
(ADAAG)
at the time the recreation facilities are implementedupgraded or constructed.
A. Initial License Issuance Recreation Enhancement Measures
Licensee shall
initiate and complete implementation of the following recreation measures
within the first three to ten years and as soon as practicable after
license issuance. Within the first year after license issuance, Licensee will meet with the Parties toshall develop in consultation with the FS and other interested
parties, a phased implementation schedule for the following
initial implementation measures:
1. Lake Almanor
a. Last Chance Family and Group Campground
In accordance with ADAAG, Licensee shall modify two campsites and existing toilets and provide an access route leading to the nearby creek (150 feet). Target completion 1-3 years after license issuance.
b. Rocky Point Campground and Day Use AreaTarget completion 5-10 years after license issuance.
i.
vii. Licensee
shall convert Loop 3 overflow camping area into a day use swim area containing
a sand beach, swimming
delineator, parking area, and double double-vaulted restroomtoilet
building.
i.
viii. Licensee
shall relocate the 20twenty campsites in the, Loop 3 overflow campsites area to
the Loop 1 camp overflow area and provide a new double vaulted restroom at this
location.
i.
ix.
Licensee shall provide a new entrance kiosk, three
shower facilities (one for each loop), and bear-proof food lockers at each of the 151 campsites (151)
within the campground.
i.
x.
Licensee shall replace older Klamath stoves (a
low-style camp stove with a stovepipe).
i.
xi.
Licensee shall revegetate or
harden significantly disturbed areas where
erosion has been caused by pedestrian or vehicle traffic.
i.
xii. Licensee
shall complete implement
the following Accessibility improvements in accordance with
ADAAG:
a) Modify 10 campsites (four at Loop 1, three at Loop 2, and three at Loop 3).
a)b)Provide an Accessible
access
route to the water’s edge at
the, swim sandy
beach, and swim delineator.
c) Modify existing recreation facilities as needed, such as at the camp library box, telephones, and the envelope box at the pay station and provide appropriate Accessible access routes.
d) Modify existing water faucets near Accessible elements, such as at the toilets and campsites.
d)e)
Provide Accessible routes to two of the toilet buildings (near entry and near
site # 100).
f)Relocate the interior pay station directly across the road
on to a
level, firm, and stable surface (Loop 2).
c. Forest Service Almanor Shoreline Facilities:Target completion 1-10 years after license issuance.
Licensee shall provide the FS with 40% percent of the costs to
reconstruct the Almanor Family Campground, Almanor Group Campground, and
Almanor Beach up to a maximum of five million dollars$5,000,000 (20045 dollars) over a ten-year
period after license issuance for implementation of
campground and . The FS will provide the
remaining 60 percent of the cost of the rehabilitation. These
improvements shall include expansion of the existing sand beach and expansion
of the parking area to accommodate 10 to 20 additional vehicles. The FS shall will be
responsible for the design and reconstruction of these facilities, but shall obtainand will consult with the
Licensee’s
prior to adoption approval forof final design. These improvements shall include reconstruction and
expansion to bring the roads, restrooms, sanitary dump stations, campsites,
amphitheater, beach, and other recreation facilities associated with these
sites up to a current standard that additionally meet ADA requirements, and
accommodate modern recreational vehicles, as detailed in Forest Service 4(e)
license condition No. 38.
The
FS will make a good faith effort to obtain the majority of the 60 percent
matching fund contribution within the first 10 years following license
issuance. However, some rehabilitation and reconstruction listed
in Paragraph __ may extend farther into the license term. Licensee
rehabilitation funding may partially precede their management of these
facilities depending upon timing of availability of FS matching funds. After
reconstruction, the facilities shall be 100 percent owned by the FS and any
further major reconstruction not under contract after
ten years shall be the responsibility of the FS, including necessary reconstructions.
resulting from fires or other causes.
In the event that the FS is unable
to raise any all of
the necessary funds for their its cost share portion within
the first ten years, then Licensee shall, use the remaining fundconstruct all
or a portion of the expansion of the Almanor Beach and parking
area and construct the third 28-campsite unit of the East Shore Family Campground in accordance
with the RRMP trigger. After completing this
alternative work, Licensee will shall have no further cost financial obligation for major rehabilitation or reconstruction to the FS for FS’ Almanor shoreline recreation
facilities during the license period.
d. East Shore Group Camp Area: Target completion 1-3 years after license issuance.
i.
iv. Licensee
shall convert the existing East Shore Day UsePicnic Area to a group
reservation camp area that shall accommodate one group of 16 RVs or two groups
of eight RVs. The entrance road shall be widened and internal road circulation shall
be improved to accommodate RVs.
i.
v.
Licensee shall provide one Accessible parking space
near the toilet and an Accessible access route to the trash receptacles.
i.
vi. Licensee
shall provide bear-proof food lockers at each each of the 16 sites (16
sites), a trail down to the shoreline, including
switchbacks and stairs, and erosion control measures.
e. North Shore Public Boat Launch: Target completion 3-5 years after license issuance.
i.
iv.
Licensee shall provide a new and expanded public
boat launching facility at North Shore Campground. This facility shall include
paved parking for 40 trailers and 12 single vehicles, a double
double-vaulted
restroomtoilet
building, and a loading boarding float. In
addition, Licensee shall dredge and maintain
along the existing submerged river channel to provide an approximately 1,000-ft long, 50-ft wide,
and 6-ft deep boat channel that provides boat access to approximately the
4,480-foot elevation (PG&E datum). Access to the
boat launch will be maintained when water level is at 4,480-foot elevation or
higher but no later than December 1 nor earlier than April 1.
ii.
v.
Licensee shall provide public access to through
the boat launch facility along an abandoned portion of
Highway 89 located along the north side of the campground to reduce traffic
impacts to the campground.
iii.
vi.
Licensee shall relocate 22 campsites within the Project boundary that
will be impacted by the expanded reconstructed boat launch
facility.
f. f. Stover Ranch
Day Use Area: Target completion 3-5 years after license
issuance.
The
Licensee shall develop the Stover Ranch Day Use Area to provide improved Lake
Almanor shoreline access for Chester residents. This day use area shall
include gravel parking for 10 to 20 vehicles, a double-vaulted toilet
building, four picnic tables, a trail to the shoreline, and
an interpretive sign. In addition, one RV site shall be constructed to
accommodate a new seasonal Lake
Almanor caretaker. The development of the Stover
Ranch improvement site shall be coordinated with Chester Public Utility District PUD and Chester Recreation and
Parks District.
g. Marvin Alexander Beach: Target completion 1-3 years after license issuance.
The Licensee shall assume management responsibility of the PSEA Swim Beach and expand and improve the existing sandy beach area above the high water level (4,494 foot elevation, PG&E datum). In addition, Licensee shall provide an improved gravel parking area, replace the two single-vault toilets, water faucet, ten picnic tables, and provide a new swimming delineator. This PSEA Swim Beach shall be renamed to the Marvin Alexander Beach.
h. Canyon Dam Day Use Area: Target completion 1-3 years after license issuance.
i. The Licensee shall provide a sandy beach area above the high water level (4,494 foot elevation, PG&E datum); swim area delineator, an informational kiosk, improved vehicle circulation, and eight new Accessible picnic tables at the Canyon Dam Day Use Area.
ii. The Licensee shall modify eight existing picnic tables, provide an Accessible parking space, and provide an Accessible route to the swim beach in accordance with ADAAG.
iii.
The areaReserve
land adjacent to the Canyon Dam Day Use Area shall be reserved for potential
future recreation development during the license
term. if this area is not
developed for a group reservation camp area.
i. “East Shore”
Day Use Area: Target completion is
1-..
Licensee shall designate a swimming area in the existing cove adjacent to the proposed new East Shore Campground. This day use area shall contain up to five picnic tables, shoreline access trails, a vaulted restroom, and parking for 10 to 20 vehicles.
j. Westwood Beach: Target completion is 1-3 years after license issuance.
The Licensee shall provide
a 10-vehicle space parking area for 10 vehicles, six picnic
tables, an Accessible sealed vault toilet, a sandy beach, a swim delineator,
and signage at the Westwood Beach Area.
Licensee shall also provide shoreline erosion
control measures to protect the shoreline from wind caused wave action.
k. Stumpy Beach: Target completion is 1-3 years after license issuance.
The Licensee shall provide five picnic tables, an Accessible sealed vault toilet, signage, a sandy beach above the high water level (4,494 foot elevation, PG&E datum), and a swim delineator at Stumpy Beach. Eight to 10 paved parking spaces parallel to Highway 147 shall be provided with trails connecting to the beach’s northern and southern portions. The southern trail shall be Accessible where feasible. In addition, Licensee shall provide four benches for viewing Lake Almanor and the surrounding mountains at the roadside parking area. Licensee shall also provide shoreline erosion control measures to protect the shoreline from wind caused wave action.
l. Catfish Beach: Target completion is 3-5 years after license issuance.
If Licensee is able to obtain an easement across private lands, Licensee shall provide public road access and a restroom to the Catfish beach area. If these improvements are implemented, Licensee shall monitor and maintain this site either through arrangements with the North Shore Campground managers, the Stover Ranch caretaker, or other appropriate means.
m. Almanor Scenic Overlook: Target completion is 1-5 years after license issuance.
Licensee shall provide an Accessible parking space and route to the existing Accessible restroom at the overlook and conduct vegetative brushing and clearing, as needed, to maintain views of Lake Almanor, Mt. Lassen and the Canyon Dam.
n. Southwest Shoreline Access Zone: Target completion is 1-5 years after license issuance.
The Licensee, in consultation
with the FS, shall provide for four shoreline access pointsat existing informally
used areas locations
along Lake Almanor’s southwest shoreline between Prattville
and Canyon Dam. These access areas shall provide vehicle access at or near the
4,494' foot elevation
(PG&E Datum) and serve as pedestrian access areas to the adjacent
shoreline. The Licensee shall provide gravel parking areas, vehicle barriers, signs,
gravel access roads, and, if appropriate, restrooms
single-vaulted toilet
buildings at these access areas. Licensee shall close
and rehabilitate other user-created vehicular and OHV access routes along the
southwest shoreline in consultation with the FS.
o. Camp Connery:Target completion 1-5 years after license issuance.
Licensee shall provide an Accessible parking space and bunk house cabin with Accessible restroom and retrofit the existing telephone position and water faucet features to meet the ADAAG.
2. Butt Valley Reservoir
a. Powerhouse Trails:Target completion is 5-10 years after license issuance.
Licensee shall provide two
improved angler access trails to two locations near the powerhouse. One The
first trail shall be non-paved andapproximately
200-foot feet, non-paved
trail shall be constructed from the
existing gravel parking area next to the Butt
Valley powerhouse Powerhouse down the steep slope
east of the powerhouse to the levee below. If needed, stairs shall be
constructed at this location. The second powerhouse trail shall be
Accessible (compact base rock) and originate from one of several
a few pullouts
along the Prattville-Butt Valley Road near the Butt
Valley powerhouse Powerhouse and extend
approximately 700 feet to the eastern shoreline of the inlet near the
levee. A new trailhead parking area with barriers shall be developed for
this trail.
b. Ponderosa Flat Campground: Target completion is 5-10 years after license issuance.
Licensee shall provide an
outdoor shower at Ponderosa Flat Campground. In addition,
in accordance with current ADAAG,
Licensee shall make the following improvements:
i.
v. Modify four
campsites and retrofit the existing designated Accessible campsites in the
campground to be Accessible. All of the elements provided in these campsites
including the picnic table, fire ring, cooking grill, tent or RV area, and
water faucet shall be retrofitted to be Accessible.
ii.
vi.
Replace the vault toilets in the overflow area with a one new
Accessible restroom and modify all other existing designated Accessible toilets
to meet current ADAAG. Provide an Accessible access route for the restroom near
Site 45 and one Accessible parking space located near the toilets.
iii.
vii.
Provide a swimming area at the campground that is
Accessible with a sandy beach above the high water elevation (___ foot,
PG&E Datum) and swim delineator.
iv.
viii.
Provide a new Accessible fishing access trail and
Accessible pier or platform north of the overflow area.
c. Cool Springs Campground: Target completion is 5-10 years after license issuance.
Licensee shall provide an
outdoor shower at Cool Springs Campground. In addition, Licensee shall
provide one new Accessible campsite. All of the elements within these this campsites including the picnic table,
fire ring, cooking grill, tent or RV areaspace, and water faucet shall
be made Accessible. Water faucets near Accessible elements shall also be
appropriately retrofitted to be Accessible.
d. Alder
Creek Boat Launch: Target completion is
5-10 years after license issuance. Improvements
Licensee shall expand the existing Alder Creek Boat Launch parking area to accommodate 10 to 20 additional vehicles with trailers and to improve circulation. In addition, Licensee shall modify the boat launch to be Accessible and provide one Accessible parking space near the vault toilet building.
3. Belden Forebay
a. Belden Forebay Access: Target completion is 5-10years after license issuance.
i. Licensee
shall provide a car-top boat launch, a seasonal portable toilet building, and gravel parking area for 10 to 20 vehicles at the Belden Forebay existing
undeveloped parking area, which also serves as trailhead for the North Fork
Fishing Trail. The Belden Forebay
shoreline shall also be improved to provide access for launching small
watercraft to the Forebay.
ii. Provide suitable access for launching small, car top watercraft at the Belden Forebay.
i.
iii.
Licensee shall post signage referring to an existing Plumas County
ordinance that limits boat engine horsepower
to 10 hp and boat speeds
to 5 mph on small reservoirs such as Belden Forebay. Belden Forebay
shall be managed based on a county ordinance (similar to Rock Creek and Cresta
Reservoirs) that provides for no swimming or boating within 0.25 mile of Belden
Dam and no swimming or boating at night.
b. North Fork Fishing Trail: Target completion is 1-3 years after license
issuance. . Licensee shall improve the North Fork Fishing Trail
from the Belden Forebay parking area to the upstream side of the Caribou
Powerhouse 1. Improvements shall include retrofitting the existing metal
trail decking and railing at the powerhouse above the turbine outlets to
provide enhanced access and safety, and providing a wider, even trail base along the chain-link
fencing at the powerhouse yard and trail signage.
4.5.Bypass
River Reaches
a. Upper
Belden Reach River Access:Target completion is
1-3 years after license issuance or
prior to initiation of recreation test flows. .
Licensee shall provide a river access point at the upstream end of the Belden
Reach located at the spoil pile area. This access location shall include
a seasonal portable toilet and a dumpster located over a concrete pad.
b. Belden Reach Trails:Target completion is 1-3 years after license
issuance..
Licensee shall provide and maintain four trails to the Belden Reach shoreline
from existing informal parking areas where public access can be provided in a
safe manner.
c. c. Belden Rest Stop: Target completion is 3-5 years after license
issuance.. Licensee shall relocate the existing picnic tables
and grills to the lower level and disperse them within the area from the Eby
Stamp Mill to the gazebo near the creek. Two of the tables shall be replaced
with Accessible tables and Accessible routes shall be developed to the gazebo,
overlook area next to the creek, and the Eby Stamp Mill historical
features. The upper level area
shall be closed. Licensee shall
provide improved interpretation and education (I&E) elements at the rest
stop and erosion control measures on the slope between the parking lot and
upper picnic area.
d.
FS Lower
Belden Reach River Access. Target
completion is 1-3 years after license issuance, dependant on a
determination to proceed with scheduled recreation flows.
If a determination is made to proceed with
scheduled river recreation flows, the Licensee in consultation with the TRG, as
described in Section 2, Paragraph 1,
shall prepare a River Recreation Facilities Plan to
implement a lower Belden River access for approval by the FS
within 12 months of license issuance. Licensee shall provide up to $125,000 (200554$) dollars) to for construction
of non-Project facilities.
Essential facilities will include access facilities at one site to be
determined by the FS with paved parking, restroom, picnic table, and bear-proof
garbage disposal, and reasonable access. the FS to design and construct a non-Project, FS
owned and operated river access facility on the
Belden Reach. The FS shall will make a good faith effort to obtain matching funds to help
offset the cost of this facility as
described in Appendix Bthese
improvements.
2. Future Recreation Enhancement Measures
The Licensee anticipates the
following facility improvements will may be needed over the term of
the New Project license Licenseperiod. Implementation of
these measures is are contingent on reaching the
monitoring triggers (standards,)
contained in the DraftRRMP
included in the License Application,over
the New Project license License
term.
A. Lake Almanor
1. Camp Connery Reservation Group Camp Area
a. Licensee shall provide
a new group reservation camping
reservation area adjacent to
the existing Camp Connery Group Campground.
This area shall either provide space for two groups of approximately
eight self-contained RVs
or one group of approximately16
self-contained RVs. A centrally
located bear-proof food facility and two indoor showers shall be provided at
this group areacamp.
b. Licensee shall repair and resurface the existing access road.
c.
Licensee shall provide an Accessible parking space and cabin with Accessible
restroom and retrofit the existing telephone position and water faucet features
to meet the ADAAG.
2. East Shore Family Campground.
Licensee shall provide a
new family campground on Licensee-owned land along the east
shore of Lake Almanor. The new campground
will be constructed in two phases,
with and
shall contain approximately 63 new, tent and RV campsites total. This campground
shall contain bear-proof food lockers at each campsite,
two restrooms/indoor showers, approximately 20 boat moorage slips/buoys, and a
camp host site. If the FS does
not meet the conditions specified in Section 7, Paragraph 1, A
1, (c), then a portion or all of the 28-unit third loop will be constructed as
described.
B. Butt Valley Reservoir
1. Ponderosa
Flat Campground. Licensee shall provide approximately 10 to 20 new primitive tent campsites (likely to the north of
the current overflow area), and a new group camp area in the existing overflow
area.
C. Project Boundary Adjustments
Within six months of license issuance Licensee shall adjust the FERC Project Boundary to include all Licensee-planned and FS Canyon Dam boat launch and Dyer View Day use areasand expansion.Within six months after the FS has reconstructed the FS Almanor Campground, Almanor Group Campground, Almanor Beach, and Almanor Boat Ramp,Licensee shall adjust the Projectboundary as needed to incorporate these new facility components.
3. Recreation Operations and Maintenance Program
A. A. Licensee shall be responsible
for operation and maintenance of Licensee-owned
Project recreation facilities and Lassen National Forest Service’s Lake Almanor
day and overnight recreation facilities that shall be incorporated into the
Project boundary reconstruction and
FS recreation facilities located along the shoreline of Lake Almanor.
Facilities located on NF System lands shall be
maintained by the Licensee to FS standards as per an operation agreement with,
and annually approved by the FS. The operations agreement shall address,
but may not be limited to: FS operation and maintenance standards, water,
sanitation, RV dump station, These
FS facilities include consist ofCanyon Dam Boat Launch
and Day Use Area, Dyer View Day Use Area, Southwest
Shoreline access zone, Almanor Campground, Almanor Group
Campground, Almanor Beach, and Almanor Boat Ramp. Assumption
of operation and maintenance responsibilities of FS facilities by the Licensee
of the Almanor Boat Launch, Dyer View Day Use and Canyon Dam Boat Launch, Day
Use including Accessible FisLicensee
shall assume operation and maintenance of a FS recreation facility no sooner
than five years after license issuance
To offset operation, maintenance, and construction costs, Licensee, in accordance with Commission and Department of Boating and Waterways regulations, shall collect and retain 100 percent of FS-approved user fees at all FS recreation facilities that Licensee operates and maintains. These fees shall be utilized by Licensee over the life of the license for normal operations and maintenance, and reconstruction necessitated by wear, tear, and aging of facilities, as specified in the operations agreement referred to in the paragraph above.
Licensee, in
accordance with FERC regulations, shall collect and retain, without FS
objection, 100% of all user fees collected at all recreation facilities that
Licensee operates and maintains.
4
B. Fish Planting
A1. Licensee shall, if
requested by the CDFG and within thirty (3060) days following the
submission of a statement of costs subject to audit by Licensee, pay CDFG for the stocking of approximately5,000 pounds of trout per
calendar year by the CDFG in the waters of the North
Fork Feather RiverNFFR
between its confluence with the East Branch North
Fork Feather RiverNFFR
and the Belden Diversion Dam. The cost to Licensee of such trout shall
not exceed the then prevailing average cost to the CDFG for the production and
distribution of 5,000 pounds of catchable trout, and
is subject to the limitation set forth in Paragraph 3 below.
The size, numbers and species of trout to be planted, the frequency of
planting, and the planting sites shall be as determined by the CDFG.
B2. Licensee shall, if requested
by the CDFG and within thirty sixty (3060) days following the
submission of a statement of costs subject to audit by Licensee, contribute
funds to CDFG to expand CDFG’s
existing fish planting program in Lake Almanor above the average annual fish
planting level expended by the CDFG in the previous
five years (years 1999 to 2003).
The size, numbers and species of trout to be planted, the frequency of
planting, and the planting sites shall be as determined by the CDFG.
C3. Licensee shall contribute up
to a maximum of $50,000 (2004$) dollars) per year for the
term of the New Project license License
for items 1 and 2 above.
5. Interpretation and Education
(I&E) ProgramProgram
Within the first five two years years
of the newafter
license issuance, Licensee shall
develop an I&E plan Programfor the Project in
consultation with the FS, Plumas County, and other Parties Parties. The
FS will approve the Program portion pertaining to FS facilities.
Licensee shall implement the Program within one year of Program
acceptance. The I&E Program Programshall
provide information to enhanced recreation experiences and
encourage appropriate resource protection, cooperativecooperation, and safe behaviors from by Project
visitors. The I&E Program Programshall
include themes, media, media design, prioritized sites, and prioritized
services. Potential themes include fish and wildlife resources, volcanic
history, hydropower, Native American cultures, pioneers, recreation activities
and facilities available in the Project area, and boating hazards. The program I&E
Programshall include
improvements such as interpretive or informational signs, kiosks, reservoir
boating safety and hazard information signs and brochures, and informational
signs describing recreation facilities and opportunities in the area. The
I&E program Programimprovements
shall be developed at Project Licensee and FS
recreation sites owned by Licensee and
FS that are to be included in the Project boundary. The program I&E
Programshall also identify
funding partnership arrangements with the FS and other interested parties, and
contain a schedule for implementation.
As part of the I&E programProgram, Licensee shall prepare
a Lake Almanor bathymetry map within one year of license issuance. This
map shall be made availableprovided in pamphlet form to area boaters and posted on signs at at Lake Almanor public boat
ramps.
6. Recreation Monitoring Program
Within 12 months of
license issuance, the Licensee, in consultation with the FS, Plumas County, and
other interested parties, shall complete a Recreation Monitoring Program.
The FS will approve the Program portion pertaining
to FS facilities. Licensee shall adopt a modified Limits-of-Acceptable
Change (LAC)-based monitoring approach included as described in the draftRRMP
contained in the Final License Application.
This approach includes monitoring indicators and standards (triggers)
that shall initiate management action to help maintain
desired recreation experiences and resource conditions at Project recreation
areas over the license term. Specific recreation areas to be monitored by the Licensee shall include at a minimum include the water surface of
Project reservoirs, Licensee and FS recreation facilities, and shoreline areas
within the Project boundary. The Program shall
include a schedule of information to be collected Depending on the availability, ease, and costs of
collecting monitoring indicator data, monitoring is scheduled to occur annually,
every six years, or every 12 years. Periodic monitoring
reports shall be prepared every 6 years in conjunction with FERC Form 80
recreation facility and use monitoring requirements. The report prepared
at 6-year intervals shall include but not be limited to changes in kinds of use
and use patterns both on water surfaces and land, user surveys as to
preferences in recreational activities, kinds and sizes of recreational
vehicles including boats, preference for day use versus overnight use, and
recreation user trends within the project area as well as summaries of annual
monitoring. Licensee shall conduct Mmore
in-depth monitoring, such as visitor questionnaire surveys and general
assessment of regional recreation trends, shall occur on at 12-year intervals. Periodic monitoring reports shall be prepared every
six years in conjunction with FERC Form 80 recreation facility and use
monitoring requirements.
As part of the monitoring programRRMP, Licensee shall conduct
annual recreation planning and coordination meetings with other recreation
providers in the Project area to discuss recreation resource management
decisions for the Project area, plan implementation
of project Project
recreation enhancements, recreation monitoring results, potential grant applications, and
other pertinent license Project-related recreation
issues that may arise over the license term of the New License.
If recreation test flows are conducted, Licensee shall, in consultation with FS and other interested Partiesparties,
shall develop a study plan to
monitor recreation use during the three-year test
flow period and produce a report on monitoring results.
Reports on Recreational Resources shall be filed with the Commission after FS approval of reports on Project related but FS-owned facilities. The FS reserves the right to require changes in the Project and its operation through revision of the 4(e) conditions that require measures necessary to accomplish protection and utilization of National Forest resources identified as a result of those surveys.
Licensee shall
hold annual meetings to integrate recreation resource needs with other resource
management needs, such as cultural, wildlife, water quality, and aquatic
resources. These meetings shall be held over the term of the New Project License license with Parties and
other interested individuals who have expressed interest in attending these
meetings Parties,
SWRCB,and
other interested parties.
Over the term of the New Project License,
unforeseen recreation needs, changes in visitor preferences and attitudes, and
new recreation technologies will may likely occur. The
frequency with which the RRMP is revised or updated by Licensee shall depend on
significant changes to existing conditions, monitoring results, and management
responses made over time. The frequency of RRMP updates shall not exceed every 12 years and shall be
based on consultation with the FS,
Parties, SWRCB, and other interested Parties parties
during monitoring and coordination meetings and through
other appropriate inputssources.
9. Alternative Recreation Sites (FROM JOHN M.)
10. Recreation commitment(cost) as described in RRMP (FROM TOM)
Section 8. Land Management and Visual Resource Protection
(Check insert from FS) The
Licensee shall implement the following measures at existing facilities within the 2 years of after
license issuance or as otherwise noted:
A.H.
Paint the metal siding and roof of the hoist house
on the Prattville Intake Structure a dark green color similar to the current
color;
B.I.Plant
sufficient evergreen trees between the existing Prattville maintenance
buildings and the shoreline to reduce visual domination of the buildings on the
shoreline area. Monitor and oversee tree survival to ensure successful
establishment through the first three summers.
C.J.
Re-grade the Oak Flat road
debris spoil piles along Caribou Road to create a more
natural rolling topography along the roadside,
and where possible,
move spoil materials farther from the road. Establish native plantings
where possible between the road and the spoil piles to help screen the active
use areas from passing motorists.
D.K.
In consultation with the Plumas
National ForestFS,
prepare a plan to annually apply dust palliatives or other measures, including
regular grading, to help minimize dust emissions and improve the lower coupled
segment of the Butt Valley-Caribou Road.
E.L.
At the Belden Powerhouse, consult with the Plumas National ForestFS on color selection when
maintenance or repair work is scheduled on the Belden Powerhouse penstocks,
surge chamber, or other powerhouse facilities to reduce visual contrast as seen
from SR State
Route 70.
F.M.
At Caribou Village, maintain the exterior and
landscaping of the old clubhouse facility,
houses, and grounds to preserve the historic features and
character of the facility. Consult with the Plumas
National ForestFS
when maintenance or repair activities that affect exterior
appearance are to take place to help preserve, as
practical, the historic and visual appeal of the village landscaping and
structures (This section may be appropriate for section B of
settlement agreement).
G.N.
The Lake Almanor Shoreline Management Plan (SMP)
shall be implemented within 30 days after license issuance and Licensee
shall meet with the Parties FS, Plumas County, and
other interested parties at
minimum of every
10 years to discuss the need to update the SMP. The need to update the
SMP sooner can may also
be raised and discussed during the annual land use meetings with the PartiesFS,
Plumas County, and interested parties.
H.
Conduct annual meeting with the Forest ServiceFS and Plumas County to coordinating coordinate ongoing project Project-related
land management activities including recreation management and use, fire
suppression and related forest health activities, and the planning for
commercial, residential and industrial developmentsadjacent
to the Project Boundary.
APPENDIX B: Measures Agreed to Among the Parties But Not to be Included in New Project License, Section 4(e) Conditions, or Other Mandatory License Conditions
Plumas County Lake Almanor Water Quality Monitoring and Protection
1. Goals
The intent of this article
Section is
to monitor and protect the water quality of Lake Almanor for the use and
enjoyment of the public and for aquatic resources.
2. Water Quality Monitoring Plan
A. Within 90
days after issuance of a new New Project licenseLicense,
a water quality monitoring plan shall be developed by Plumas County and the
Licensee, in consultation with the California State Water
Resources Control BoardSWRCB,
the U.S. Fish and Wildlife ServiceFWS, the U.S.
Forest ServiceFS, California Department of Fish and GameCDFG, and California Department of Water ResourcesDWR (together,
the Collaborative Water Quality Monitoring Group).
3. Water Quality Monitoring Plan Implementation
A. Plumas County shall
contract with the California Department
of Water ResourcesDWR
or other party acceptable to the collaborative Collaborative water Water
quality Quality monitoring
Monitoring groupGroup,
to implement the water quality monitoring plan and prepare an annual
report. The annual report of the water quality sampling of Lake Almanor
Water shall be submitted by January 31 of the following year.
4. Annual Meeting
A. Between
April 15 and April 28 the Licensee Within
60 days after transmittal of the annual report as described in Section 3.1, the
Licensee shall convene a meeting of signatoriesParties to this agreementSettlement,
the State Water Resources Control BoardSWRCB and other parties who
request involvementto review the results of the Lake Almanor water quality
monitoring program and revise the monitoring plan as necessary.
B. If adverse water quality
effects are identified in Lake Almanor, Plumas County and the Licensee shall
consult with the Collaborative Water Quality Monitoring Group to determine the
reason for the adverse water quality. If the adverse water quality is
shown to be a result of the Licensee’s project Project operations or
maintenance, the Licensee’s
shall develop and implement a plan and/or mitigation measures for protecting the water
quality in Lake Almanor. The plan and/or mitigation measures shall be developed
in consultation with the cCollaborative Water Quality Monitoring Groupgroup. If the adverse water
quality is shown to be a result of non-project Project land use practices,
Plumas County zoning practices, or Plumas County permitting practices, the
Plumas County shall develop and implement a plan and/or mitigation measures for protecting the water
quality in Lake Almanor. The plan and/or mitigation measures shall be developed
in consultation with the Collaborative Water
Quality Monitoring Groupcollaborative
group.
5. Funding
A. The Licensee and Plumas County
shall each contribute up to $20,000 each (2004 dollars) annually in
matching funds to implement water quality sampling in Lake Almanor in
accordance with the Settlement Agreement Covering Applications
28468 of Plumas County and 30414, 30257 and 30258 of PG&E Pending Before
the State Water Resources Control Board (Dated 7/30/02). Funding for
water quality sampling of Lake Almanor outlined in Sections
2.2 and 2.55
of Appendix A will shall be part of the matching
funds outlined in this agreementSettlement. The Licensee
and Plumas County will shall coordinate and
consolidate water quality sampling in Lake Almanor with the monitoring program
outlined in Appendix A, wherever possible.
B. Plumas County and the Licensee
recognize the California Department
of Water Resources (DWR)
has monitored water quality in Lake Almanor and its tributaries since
1986. The preference of Plumas County and the Licensee is that DWR
continue their its current
sampling program, utilizing a significant portion of the settlement
Settlement agreement matching fund monies
to assist in funding DWR’s total sampling effort. Plumas County and the
Licensee will shall
request the DWR to contribute provide sampling and analytical
services.
RECREATION PART B
1. Outside Funding for FS’ Belden
Reach Area River Access. For
the purposes of improving and enhancing public recreation, the FS shall will within
two five years
following signature of this agreementSettlement, request matching
funding from the California Department of Boating and
Waterways and/or other appropriate sources for river access
facilities proposed pursuant to Section __ 7 of Appendix A of the
Settlement from the California Department of Boating and
Waterways and/or other appropriate sources. All
Parties shall support and actively work to seek approval for the request from
the California Department of Boating and Waterways (or other appropriate
organization).
2. Plumas County Ordinance. For the
preservation and improvement of ecological, cultural and recreation resources
at Lake Almanor, the 2105 CommitteeParties shall within one year
following signature of this agreementSettlement, request the Plumas
County Board of Supervisors to pass a county ordinance which prohibits the
travel of motorized wheel or tracked vehicles at Lake Almanor below the 4,500 foot contour elevation
(PG&E datum) except in designated areas. All Parties shall support
and actively work to seek the Plumas County Board of Supervisor’s approval of
the request.
3. Plumas County Sheriff Shoreline Patrol. Upon
passage of the Plumas County ordinance referenced in Paragraph 2 above,
Licensee shall provide up to $25,000 per year (2004$) dollars) for the term of
the New Project license License
to Plumas County to be used for Plumas County Sheriff
patrols and enforcement in the Project shoreline areas.
By the end of each fiscal year (June 30), Plumas
County shall provide Licensee a summary of the previous year’s expenditures and enforcement
activities from these funds,
and the planned expenditures and patrol enforcement activities in the
Project shoreline area for the upcoming year.
4. River Ranger. The licensee Licensee
shall provide to the Plumas
National ForestFS
$25,000 each year (2004$), dollars), by March 1, to
assist in funding a “River Ranger” position. The purpose of this position
will shall
be to provide additional light maintenance, visitor
information/assistance, and user safety and law enforcement presence in the project’s
Project’s bypassed
river reaches.
The Licensee shall request
that the FS shall provide
Licensee by January 31 of eaa written summary of the previous year expenditures
and River ranger
Ranger activities
and the current year’s
planned expenditures and River ranger Ranger
activities.
5. Lake Almanor Recreation Trail (LART) Southeast
Shore Extensions. In
addition to the trail easement previously provided to Plumas County in the July
30, 2002 Agreement between Plumas County and Licensee, Licensee shall
contribute matching funds up to $300,000 (2005$) dollars) to Plumas County
for County construction of a non-motorized recreation trail across Licensee-owned lands owned by Licensee on the
southeast side of Lake Almanor as a continuation of the Lake
Almanor Recreation TrailLART. At Plumas County expense
and at no expense to Licensee, the trail shall be maintained including, but not
limited to, any repairs for damages that may be caused by Licensee raising and
lowering the water in Lake Almanor. The Lake Almanor Recreation Trail and
associated facilities in its entirety, now and in the future, shall not be
considered, in whole or part, a Project feature or part of
the Project. a project or part of a
project related to or a part of, Licensee’s Upper North Fork Feather River
Project 2105 and Licensee shall not be required to perform
or contribute in anyway to the operation and maintenance of the trail now or in
the future.
Plumas County
shallagrees,
to the extent it may legally do so, agree to
indemnify Licensee against and to hold Licensee harmless from any loss or
damage to any property, or injury to or death of any person whomever,
proximately caused in whole or in part by any negligence of Plumas County or
its contractors or by any acts for which Plumas County or its contractors are
liable without fault in the exercise of the rights herein granted, save and
excepting to the extent that such loss, damage, injury or death is proximately
caused in whole or in part by any negligence of Licensee or its contractors, or
by any acts for which Licensee or its contractors are liable without
fault.
6. TRG: (The
TRG evaluation of potential recreation flow effects and recommendations should
be consistent with existing resource management plans.)