HomeMy WebLinkAbout12.12.19 Email from FERC - Docket P-619 PGE Project Safety-Related Submission to SFRO, Bucks Creek Hydro Project, Authorization Request, Etc.
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From:Fancher, Zachary J CIV USARMY CESPK (USA)
To:Viscarra, Jesus
Subject:Lower Bucks Dam Geomembrane Project (SPK-2019-00428)
Date:Friday, August 16, 2019 1:40:16 PM
Importance:High
*****CAUTION: This email was sent from an EXTERNAL source. Think before clicking links or opening attachments.*****
Hello Jesus,
Based on the information provided by PG&E on June 17, 2019, and subsequent agreement by the FERC to act as the lead Federal agency for purposes of compliance with Section 7 of the ESA
and Section 106 of the NHPA, the Corps has determined that the subject project may qualify for verification under a "non-reporting" Nationwide Permit 3 - Maintenance. This
determination is contingent upon completion of any necessary ESA/NHPA consultations by the lead Federal agency, which must consider the Corps' action area/permit area. Additionally,
PG&E must comply with all of the General Terms and Conditions of NWP 3, and the Regional Conditions for California excluding the Lake Tahoe Basin. Other state or local
authorizations, such as CWA Section 401 Water Quality Certification may be required for the proposed work, and this determination does not obviate the need to acquire such authorizations,
as necessary.
Zachary J. Fancher
Senior Project Manager
Enforcement & Special Projects Branch
Regulatory Division, Sacramento District
U.S. Army Corps of Engineers
1325 J Street, Suite 1350
Sacramento, California 95814-2922
Ph: 916.557.6643 Fx: 916.557.7803
Our customer service hours are 9am to 3pm Monday through Friday.
Let us know how we're doing.
https://nam01.safelinks.protection.outlook.com/?
url=http%3A%2F%2Fcorpsmapu.usace.army.mil%2Fcm_apex%2Ff%3Fp%3Dregulatory_survey&data=02%7C01%7CJRV8%40pge.com%7C45096e7a2d3740f02b2608d72289f0fd%7C44ae661aece641aabc967c2c85a08941%7C0%7C0%7C63701
5848158685884&sdata=kwky9jJD0UvVZ%2BTpWf7aon%2FCCxqsegTh0HurCr%2B4Q8U%3D&reserved=0
Information on the Regulatory Program.
https://nam01.safelinks.protection.outlook.com/?
url=http%3A%2F%2Fwww.spk.usace.army.mil%2FMissions%2FRegulatory.aspx&data=02%7C01%7CJRV8%40pge.com%7C45096e7a2d3740f02b2608d72289f0fd%7C44ae661aece641aabc967c2c85a08941%7C0%7C0%7C6370158481586858
84&sdata=R9Wo2qLBj3q3XudXQHcYN96TmSTC7Upxat%2FJ%2BN2vx8c%3D&reserved=0
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from canals associated with outfall and intake structures.
All dredged or excavated materials must be deposited and
retained in an area that has no waters of the United States
Nationwide
unless otherwise specifically approved by thedistrict
engineer under separate authorization.
Permit Summary
33 CFR Part 330; Issuance of Nationwide
(c) This NWP also authorizes temporary structures, fills,
Permits –March 19, 2017
and work, including the use of temporary mats, necessary
to conduct the maintenance activity. Appropriate
measures must be taken to maintain normal downstream
flows and minimize flooding to the maximum extent
3.Maintenance.
practicable, when temporary structures, work, and
discharges, including cofferdams, are necessary for
(a) The repair, rehabilitation, or replacement of any
construction activities, access fills, or dewatering of
previously authorized, currently serviceable structure or
construction sites. Temporary fills must consist of
fill, or of any currently serviceable structure or fill
materials, and be placed in a manner, that will not be
authorized by 33 CFR 330.3, provided that the structure
eroded by expected high flows. After conducting the
or fill is not to be put to usesdiffering from those uses
maintenance activity, temporary fills must be removed in
specified or contemplated for it in the original permit or
their entirety and the affected areas returned to
the most recently authorized modification. Minor
preconstruction elevations.The areas affected by
deviations in the structure’s configuration or filled area,
temporary fills must be revegetated, as appropriate.
including those due to changes in materials, construction
techniques, requirements of other regulatory agencies, or
(d) This NWP does not authorize maintenance dredging
current construction codes or safety standards that are
for the primary purpose of navigation. This NWP does not
necessary to make the repair, rehabilitation, or
authorize beach restoration. This NWP does not authorize
replacement are authorized. This NWP also authorizes the
new stream channelization or stream relocation projects.
removal of previously authorized structures or fills. Any
Notification:For activities authorized by paragraph (b) of
stream channel modification is limited to the minimum
this NWP, the permittee must submit a preconstruction
necessary for the repair, rehabilitation, or replacement of
notification to the district engineer prior to commencing
the structure or fill; such modifications, including the
the activity (see general condition 32). The pre-
removal of material from the stream channel, must be
construction notification must include information
immediately adjacent to the project. This NWP also
regarding the original design capacities and
authorizes the removal of accumulated sediment and
configurations of the outfalls, intakes, small
debris within, and in the immediate vicinity of, the
impoundments, and canals. (Authorities: Section 10 of the
structure or fill. This NWP also authorizes the repair,
Rivers and Harbors Act of 1899 and section 404 of the
rehabilitation, or replacement of those structures or fills
Clean Water Act (Sections 10 and 404))
destroyed or damaged by storms, floods, fire or other
discrete events, provided the repair, rehabilitation, or
Note:This NWP authorizes the repair, rehabilitation, or
replacement is commenced, or is under contract to
replacement of any previously authorized structure or fill
commence, within two years of the date of their
that does not qualify for the Clean Water Act section
destruction or damage. In cases of catastrophic events,
404(f) exemption for maintenance..
such as hurricanes or tornadoes, this two-year limit may
be waived by the district engineer, provided the permittee
A.Regional Conditions
candemonstrate funding, contract, or othersimilar delays.
1. Regional Conditions for California, excluding the
(b) This NWP also authorizes the removal of accumulated
Tahoe Basin
sediments and debris outside the immediate vicinity of
existing structures (e.g., bridges, culverted road crossings,
http://www.spk.usace.army.mil/Portals/12/documents/regula
water intake structures, etc.). The removal of sediment is
tory/nwp/2017_nwps/Final_SPK_Regional_Conditions_for
limited to the minimum necessary to restore the waterway
_California.pdf?ver=2017-03-23-120307-207
in the vicinity of the structure to the approximate
2.Regional Conditions for Nevada, including the
dimensions that existed when the structure was built, but
Tahoe Basin
cannot extend farther than 200 feet in any direction from
the structure. This 200 foot limit does not apply to
hhttp://www.spk.usace.army.mil/Portals/12/documents/regu
maintenance dredging to remove accumulated sediments
latory/nwp/2017_nwps/Final_SPK_Regional_Conditions_fo
blocking or restricting outfall and intake structures or to
r_Nevada.pdf?ver=2017-03-23-120306-910
maintenance dredging to remove accumulated sediments
BUILDING STRONG®
U.S. ARMY CORPS OF ENGINEERS –SACRAMENTO DISTRICT
1325 J ST. –SACRAMENTO, CA 95814
www.spk.usace.army.mil
www.facebook.com/sacramentodistrict
www.youtube.com/sacramentodistrict
www.twitter.com/USACESacramento
www.flickr.com/photos/sacramentodistrict
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Nationwide Permit3SummaryPage 2
species. If abottomless culvert cannot be used, thenthe crossing
should be designed andconstructed to minimize adverse effects
3.Regional Conditions for Utah
to aquatic life movements.
http://www.spk.usace.army.mil/Portals/12/documents/regula
3.Spawning Areas.Activities inspawning areas during
tory/nwp/2017_nwps/Final_SPK_Regional_Conditions_for
spawningseasons must be avoided to themaximum extent
_Utah.pdf?ver=2017-03-23-120303-503
practicable. Activitiesthat result in the physical destruction(e.g.,
through excavation, fill, ordownstream smothering by
4.Regional Conditions for Colorado.
substantialturbidity) of an important spawning areaare not
http://www.spk.usace.army.mil/Portals/12/documents/regula
authorized.
tory/nwp/2017_nwps/Final_2017_Regional_Conditions_in_
4.Migratory Bird Breeding Areas.Activities in waters
Colorado.pdf?ver=2017-03-23-133821-047
of the United Statesthat serve as breeding areas formigratory
B.Nationwide Permit General Conditions
birds must be avoided to themaximum extent practicable.
Note: To qualify for NWP authorization,the prospective
5.Shellfish Beds.No activity mayoccur in areas of
permittee must comply withthe following general conditions,as
concentrated shellfishpopulations, unless the activity isdirectly
applicable, in addition to any regional orcase-specific conditions
related to a shellfish harvestingactivity authorized by NWPs 4
imposed by thedivision engineer or district engineer.
and 48,or is a shellfish seeding or habitatrestoration activity
Prospective permittees should contact theappropriate Corps
authorized by NWP27.
district office to determineif regional conditions have been
6.Suitable Material. No activity may use unsuitable
imposedonan NWP. Prospective permittees should alsocontact
material (e.g., trash, debris, car bodies, asphalt, etc.). Material
the appropriate Corps district officeto determine the status of
used for construction or discharged must be free from toxic
Clean Water ActSection 401 water quality certification and/or
pollutants in toxic amounts (see section 307 of the Clean Water
Coastal Zone Management Act consistencyfor an NWP. Every
Act).
person who maywish toobtain permit authorization under one
ormore NWPs, or who is currently relying onan existing or
7.Water SupplyIntakes.No activity may occur in the
prior permit authorizationunder one or more NWPs, has been
proximity of a public water supply intake, except where the
and is onnotice that all of the provisions of 33 CFR330.1
activity is for the repair or improvement of public water supply
through 330.6 apply to every NWPauthorization. Note
intake structures or adjacent bank stabilization.
especially 33 CFR 330.5relating to the modification,
suspension, orrevocation of any NWP authorization.
8.Adverse Effects From Impoundments.If the activity
creates an impoundment of water, adverse effects to the aquatic
1. Navigation.
system due to accelerating the passage of water, and/or
restricting its flow must be minimized to the maximum extent
(a)No activity maycause more than a minimal
practicable.
adverseeffect on navigation.
9.Management of Water Flows.To the maximum extent
(b)Any safety lights andsignalsprescribed by the
practicable, the preconstruction course, condition, capacity, and
U.S. Coast Guard,through regulations or otherwise, must
location of open waters must be maintained for each activity,
be installed and maintained at thepermittee’s expense on
including stream channelization, storm water management
authorizedfacilities in navigable waters of theUnited
activities, and temporary and permanent road crossings, except
States.
as provided below. The activity must be constructed to withstand
(c) The permittee understands andagrees that, if
expected high flows. The activity must not restrict or impede the
future operations by theUnited States require the
passage of normal or high flows, unless the primary purpose of
removal,relocation, or other alteration, of thestructure or
the activity is to impound water or manage high flows. The
work herein authorized, orif, in the opinion of the
activity may alter the preconstruction course, condition,
Secretary of theArmy or his authorized representative,
capacity, and location of open waters if it benefits the aquatic
said structure or work shall causeunreasonable
environment (e.g., stream restoration or relocation activities).
obstruction to the freenavigation of the navigable waters,
10.Fills Within 100-Year Floodplains.The activity must
thepermittee will be required, upon duenotice from the
comply with applicable FEMA-approved state or local
Corps of Engineers, toremove, relocate, or alter the
floodplain management requirements.
structuralwork or obstructions caused thereby,without
expense tothe United States.No claim shall be made
11.Equipment.Heavy equipment working in wetlands or
against theUnited States on account of any suchremoval
mudflats must be placed on mats, or other measures must be
or alteration.
taken to minimize soil disturbance.
2.Aquatic Life Movements.Noactivity may
12.Soil Erosion and Sediment Controls.Appropriate soil
substantially disrupt thenecessary life cycle movements of those
erosion and sediment controls must be used and maintained in
species of aquatic life indigenous to thewaterbody, including
effective operating condition during construction, and all
those species thatnormally migrate through the area,unless the
exposed soil and other fills, as well as any work below the
activity’s primary purpose isto impound water. All permanent
ordinary high water mark or high tide line,must be permanently
andtemporary crossings of waterbodiesshall be suitably
stabilized at the earliest practicable date. Permittees are
culverted, bridged, orotherwise designed and constructed to
encouraged to perform work within waters of the United States
maintain low flows to sustain themovement of those aquatic
during periods of low-flow or no-flow, or during low tides.
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Nationwide Permit3SummaryPage 3
13.Removal of Temporary Fills.Temporary fills must be
completed. Direct effects are the immediate effects on
removed in their entirety and the affected areas returned to pre-listed species and critical habitat caused by the NWP
construction elevations. The affected areas must be revegetated, activity. Indirect effects are those effects on listed species
as appropriate.
and critical habitat that are caused by the NWP activity
and are later in time, but still are reasonably certain to
14.Proper Maintenance.Any authorized structure or fill
occur.
shall be properly maintained, including maintenance to ensure
public safety and compliance with applicable NWP general
(b)Federal agencies should follow their own
conditions, as well as any activity-specific conditions added by
procedures for complying with the requirements of the
the district engineer to an NWP authorization.
ESA. If preconstruction notification is required for the
proposed activity, the Federal permittee must provide the
15.Single and Complete Project.The activity must be a
district engineer with the appropriate documentation to
single and complete project. The same NWP cannot be used
demonstrate compliance with those requirements. The
more than once for the same single and complete project.
district engineer will verify that the appropriate
documentation has been submitted. If the appropriate
16.Wild and Scenic Rivers.
documentation has not been submitted, additional ESA
(a)No NWP activity may occur in a component of the
section 7 consultation may be necessary for the activity
National Wild and Scenic River System, or in a river
and the respective federal agency would be responsible
officially designated by Congress as a ‘‘study river’’ for
for fulfilling its obligation under section 7 of the ESA.
possible inclusion in the system while the river is in an
(c)Non-federal permittees must submit a pre-
official study status, unless the appropriate Federal agency
construction notification to the district engineer if any
with direct management responsibility for such river, has
listed species or designated critical habitat might be
determined in writing that the proposed activity will not
affected or is in the vicinity of the activity, or if the
adversely affect the Wild and Scenic River designation or
activity is located in designated critical habitat, and shall
study status.
not begin work on the activity until notified by the district
(b) If a proposed NWP activity will occur in a
engineer that the requirements of the ESA have been
component of the National Wild and Scenic River System,
satisfied and that the activity is authorized. For activities
or in a river officially designated by Congress as a ‘‘study
that might affect Federally-listed endangered or
river’’ for possible inclusion in the system while the river is
threatened species or designated critical habitat, the pre-
in an official study status, the permittee must submit a pre-
construction notification must include the name(s) of the
construction notification (see general condition 32). The
endangered or threatened species that might be affected
district engineer will coordinate the PCN with the Federal
by the proposed activity or that utilize the designated
agencywith direct management responsibility for that river.
critical habitat that might be affected by the proposed
The permittee shall not begin the NWP activity until
activity. The district engineer will determine whether the
notified by the district engineer that the Federal agency with
proposed activity ‘‘may affect’’ or will have ‘‘no effect’’
direct management responsibility for that river has
to listed species and designated critical habitat and will
determined in writing that the proposed NWP activity will
notify the non-Federal applicant of the Corps’
not adversely affect the Wild and Scenic River designation
determination within 45 days of receipt of a complete pre-
or study status.
construction notification. In cases where the non-Federal
applicant has identified listed species or critical habitat
(c) Information on Wild and Scenic Rivers may be
that might be affected or is in the vicinity of the activity,
obtained from the appropriate Federal land management
and has so notified the Corps, the applicant shall not
agency responsible for the designated Wild and Scenic
begin work until the Corps has provided notification that
River or study river (e.g., National Park Service, U.S. Forest
the proposed activity will have ‘‘no effect’’ on listed
Service, Bureau of Land Management, U.S. Fish and
species or critical habitat, or until ESA section 7
Wildlife Service). Information on these rivers is also
consultation has been completed. If the non-Federal
available at: http://www.rivers.gov/.
applicant has not heard back from the Corps within 45
17.Tribal Rights.No NWP activity may causemore than
days, the applicant must still wait for notification from the
minimal adverse effects on tribal rights (including treaty rights),
Corps.
protected tribal resources, or tribal lands.
(d)As a result of formal or informal consultation
18.Endangered Species.
with the FWS or NMFS the district engineer may add
species specific permit conditions to the NWPs.
(a)No activity is authorized under any NWP which
is likely to directly or indirectly jeopardize the continued
(e)Authorization of an activity by an NWP does not
existence of a threatened or endangered species or a
authorize the ‘‘take’’ of a threatened or endangered
species proposed for such designation, as identified under
species as defined under the ESA. In the absence of
the Federal Endangered Species Act (ESA), or which will
separate authorization (e.g., an ESA Section 10 Permit, a
directly or indirectly destroy or adversely modify the
Biological Opinion with ‘‘incidental take’’ provisions,
critical habitat of such species. No activity is authorized
etc.) from the FWS or the NMFS, the Endangered Species
under any NWP which ‘‘may affect’’ a listed species or
Act prohibits any person subject to the jurisdiction of the
critical habitat, unless ESA section 7 consultation
United States to take a listed species, where ‘‘take’’
addressing the effects of the proposed activity has been
means to harass, harm, pursue, hunt, shoot, wound, kill,
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Nationwide Permit3SummaryPage 4
trap, capture, or collect, or to attempt to engage in any
district engineer with the appropriate documentation to
such conduct. The word ‘‘harm’’ in the definition of demonstrate compliance with those requirements. The
‘‘take’’ means an act which actually kills or injures district engineer will verify that the appropriate
wildlife. Such an act may include significant habitat documentation has been submitted. If the appropriate
modification or degradation where it actually kills or documentation is not submitted, then additional
injures wildlife by significantly impairing essential consultation under section 106 may be necessary. The
behavioral patterns, including breeding, feeding or respective federal agency is responsible for fulfilling its
sheltering.obligation to comply with section 106.
(f)f the non-federal permittee has a valid ESA (c)Non-federal permittees must submit a pre-
section 10(a)(1)(B) incidental take permit with an construction notification to the district engineer if the
approved Habitat Conservation Plan for a project or a NWP activity might have the potential to cause effects to
group of projects that includes the proposed NWP any historic properties listed on, determined to be eligible
activity, the non-federal applicant should provide a copy for listing on, or potentially eligible for listing on the
of that ESA section 10(a)(1)(B) permit with the PCN National Register of Historic Places, including previously
required by paragraph (c) of this general condition. The unidentified properties. For such activities, the
district engineer will coordinate with the agency that preconstruction notification must state which historic
issued the ESA section 10(a)(1)(B) permit to determine
properties might have the potential to be affected by the
whether the proposed NWP activity and the associated
proposed NWP activity or include a vicinity map
incidental take were considered in the internal ESA
indicating the location of the historic properties or the
section 7 consultation conducted for the ESA section
potential for the presence of historic properties.
10(a)(1)(B) permit. If that coordination results in
Assistance regarding information on the location of, or
concurrence from the agency that the proposed NWP potential for, the presence of historic properties can be
activity and the associated incidental take were sought from the State Historic Preservation Officer, Tribal
considered in the internal ESA section 7 consultation for Historic Preservation Officer, or designated tribal
the ESA section 10(a)(1)(B) permit, the district engineer representative, as appropriate, and the National Register
does not need to conduct a separate ESA section 7 of Historic Places (see 33 CFR 330.4(g)). When
consultation for the proposed NWP activity. The district
reviewing pre-construction notifications, district
engineer will notify the non-federal applicant within 45
engineers will comply with the current procedures for
days of receipt of a complete pre-construction notification
addressing the requirements of section 106 of the National
whether the ESA section 10(a)(1)(B) permit covers the
Historic Preservation Act. The district engineer shall
proposed NWP activity or whether additional ESA
make a reasonable and good faith effort to carry out
section 7 consultation is required.
appropriate identification efforts, which may include
background research, consultation, oral history
(g)Information on the location of threatened and
interviews, sample field investigation, and field survey.
endangered species and their critical habitat can be
Based on the information submitted in the PCN and these
obtained directly from the offices of the FWS and NMFS
identification efforts, the district engineer shall determine
or
or their world wide Web pages at http://www.fws.gov/
whether the proposed NWP activity has the potential to
http://www.fws.gov/ipacand
cause effects on the historic properties. Section 106
http://www.nmfs.noaa.gov/pr/species/esa/respectively.
consultation is not required when the district engineer
determines that the activity does not have the potential to
19.Migratory Birds and Bald and Golden Eagles.The
cause effects on historic properties (see 36 CFR 800.3(a)).
permittee is responsible for ensuring their action complies with
Section 106 consultation is required when the district
the Migratory Bird Treaty Act and the Bald and Golden Eagle
engineer determines that the activity has the potential to
Protection Act. The permittee is responsible for contacting
cause effects on historic properties. The district engineer
appropriate local office of the U.S. Fish and Wildlife Service to
will conduct consultation with consulting parties
determine applicable measures to reduce impacts to migratory
identified under 36 CFR 800.2(c) when he or she makes
birds or eagles, including whether ‘‘incidental take’’ permits are
any of the following effect determinations for the
necessary and available under the Migratory Bird Treaty Act or
purposes of section 106 of the NHPA: no historic
Bald and Golden Eagle Protection Act for a particular activity.
properties affected, no adverse effect, or adverse effect.
20.Historic Properties.
Where the non-Federal applicant has identified historic
properties on which the activity might have the potential
(a)In cases where the district engineer determines
to cause effects and so notified the Corps, the non-Federal
that the activity may have the potential to cause effects to
applicant shall not begin the activity until notified by the
properties listed, or eligible for listing, in the National
district engineer either that the activity has no potential to
Register of Historic Places, the activity is not authorized,
cause effects to historic properties or that NHPA section
until the requirements of Section 106 of the National
106 consultation has been completed.
Historic Preservation Act (NHPA) have been satisfied.
(d)For non-federal permittees, the district engineer
(b)Federal permittees should follow their own
will notifythe prospective permittee within 45 days of
procedures for complying withthe requirements of
receipt of a complete pre-construction notification
section 106 of the National Historic Preservation Act. If
whether NHPA section 106 consultation is required. If
pre-construction notification is required for the proposed
NHPA section 106 consultation is required, the district
NWP activity, the Federal permittee must provide the
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Nationwide Permit3SummaryPage 5
engineer will notify the non-Federal applicant that he or
including wetlands adjacent to those waters. The district
she cannot begin the activity until section 106 engineer may authorize activities under these NWPs only
consultation is completed. If the non-Federal applicant after it is determined that the impacts to the critical
has not heard back from the Corps within 45 days, the resource waters will be no more than minimal.
applicant must still wait for notification from the Corps.
23.Mitigation.The district engineer will consider the
(e)Prospective permitteesshould be aware that following factors when determining appropriate and practicable
section 110k of the NHPA (54 U.S.C. 306113) prevents mitigation necessary to ensure that the individual and cumulative
the Corps from granting a permit or other assistance to an adverse environmental effects are no more than minimal:
applicant who, with intent to avoid the requirements of
(a)The activity must be designed and constructed to
section 106 of the NHPA, has intentionally significantly
avoid and minimize adverse effects, both temporary and
adverselyaffected a historic property to which the permit
permanent, to waters of the United States to the maximum
would relate, or having legal power to prevent it, allowed
extent practicable at the project site (i.e., on site).
such significant adverse effect to occur, unless the Corps,
after consultation with the Advisory Council on Historic
(b)Mitigation in all its forms (avoiding, minimizing,
Preservation (ACHP), determines that circumstances
rectifying, reducing, or compensating for resource losses)
justify granting such assistance despite the adverse effect
will be required to the extent necessary to ensure that the
created or permitted by the applicant. If circumstances
individual and cumulative adverse environmental effects
justify granting the assistance, the Corps is required to
are no more than minimal.
notify the ACHP and provide documentation specifying
(c)Compensatory mitigation at a minimum one-for-
the circumstances, the degree of damage to the integrity
one ratio will be required for all wetland losses that
of any historic properties affected, and proposed
-acre and require preconstruction notification,
mitigation. This documentation must include any views
unless the district engineer determines in writing that
obtained from the applicant, SHPO/ THPO, appropriate
either some other form of mitigation would be more
Indian tribes if the undertaking occurs on or affects
environmentally appropriate or the adverse environmental
historic properties on tribal lands or affects properties of
effects of the proposed activity are no more than minimal,
interest to those tribes, and other parties known to have a
and provides an activity-specific waiver of this
legitimate interest in the impacts to the permitted activity
-acre or less that
on historic properties.
require preconstruction notification, the district engineer
21.Discovery of Previously Unknown Remains and
may determine on a case-by-case basis that compensatory
Artifacts.If you discover any previously unknown historic,
mitigation is required to ensure that the activity results in
cultural or archeological remains and artifacts while
only minimal adverse environmental effects.
accomplishing the activity authorized by this permit, you must
(d)Forlosses of streams or other open waters that
immediately notify the district engineer of what you have found,
require pre-construction notification, the district engineer
and to themaximum extent practicable, avoid construction
may require compensatory mitigation to ensure that the
activities that may affect the remains and artifacts until the
activity results in no more than minimal adverse
required coordination has been completed. The district engineer
environmental effects. Compensatory mitigationfor
will initiate the Federal, Tribal, and state coordination required
losses of streams should be provided, if practicable,
to determine if the items or remains warrant a recovery effort or
through stream rehabilitation, enhancement, or
if the site is eligible for listing in the National Register of
preservation, since streams are difficult-to-replace
Historic Places.
resources (see 33 CFR 332.3(e)(3)).
22.Designated Critical Resource Waters.Designated
(e)Compensatory mitigation plans for NWP
Critical Resource Waters. Critical resource waters include,
activities in or near streams or other open waters will
NOAA-managed marine sanctuaries and marine monuments,
normally include a requirement for the restoration or
and National Estuarine Research Reserves. The district engineer
enhancement, maintenance, and legal protection (e.g.,
may designate, after notice and opportunity for public comment,
conservation easements) of riparian areas next to open
additional waters officially designated by a state as having
waters. In some cases, the restoration or
particular environmental or ecological significance, such as
maintenance/protection of riparian areas may be the only
outstanding national resource waters or state natural heritage
compensatory mitigation required. Restored riparian areas
sites. The district engineer may also designate additional critical
should consist of native species. The width of the required
resource waters after notice and opportunity for public comment.
riparian area will address documented water quality or
(a)Discharges of dredged or fill material into waters
aquatic habitat loss concerns. Normally, the riparian area
of the United States are not authorized by NWPs 7, 12,
will be 25 to 50 feet wide on each side of the stream, but
14, 16, 17, 21, 29, 31, 35, 39, 40, 42, 43, 44, 49, 50, 51,
the district engineer may require slightly wider riparian
and 52 for any activity within, or directly affecting,
areas to address documented water quality or habitat loss
critical resource waters, including wetlands adjacent to
concerns. If it is not possible to restore or maintain/protect
such waters.
a riparian area on both sides of a stream, or if the
waterbody is a lake or coastal waters, then restoring or
(b)For NWPs 3, 8, 10, 13, 15, 18, 19, 22, 23, 25, 27,
maintaining/protecting a riparian area along a single bank
28, 30, 33, 34, 36, 37, 38, and 54, notification is required
or shoreline may be sufficient. Where both wetlands and
in accordance with general condition 32, for any activity
open waters exist on the project site, the district engineer
proposed in the designated critical resource waters
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will determine the appropriate compensatory mitigation
NWP authorization, instead of components of a
(e.g., riparian areas and/or wetlands compensation) based compensatory mitigation plan (see 33 CFR
on what is best for the aquatic environment on a 332.4(c)(1)(ii)).
watershed basis. In cases where riparian areas are
(g)Compensatory mitigation will not be used to
determined to be the most appropriate form of
increase the acreage losses allowed by the acreage limits
minimization or compensatory mitigation, the district
of the NWPs. For example, if an NWP has an acreage
engineer may waive or reduce the requirement to provide
-acre, it cannot be used to authorize any NWP
wetland compensatory mitigation for wetland losses.
-acre of
(f)Compensatory mitigation projects provided to
waters of the United States, even if compensatory
offset losses of aquatic resources must comply with the mitigation is provided that replaces or restores some of
applicable provisions of 33 CFR part 332.the lost waters. However, compensatory mitigation can
and should be used, as necessary, to ensure that an NWP
(1)The prospective permittee is responsible for
activity already meeting the established acreage limits
proposing an appropriate compensatory mitigation
also satisfies the no more than minimal impact
option if compensatory mitigation is necessary to
requirement for the NWPs.
ensure that the activity results in no more than
minimal adverse environmental effects. For the
(h) Permittees may propose the use of mitigation
NWPs, the preferred mechanism for providing
banks, in-lieu fee programs, or permittee-responsible
compensatory mitigation is mitigation bank credits or
mitigation. When developing a compensatory mitigation
in-lieu fee program credits (see 33 CFR 332.3(b)(2)
proposal, the permittee must consider appropriate and
and (3)). However, if an appropriate number and type
practicable options consistent with the framework at 33
of mitigation bank or in-lieu credits are not available
CFR 332.3(b). For activities resulting in the loss of
at the time the PCN is submitted to the district
marine or estuarine resources, permittee-responsible
engineer, the district engineer may approve the use of
mitigation may be environmentally preferable if there are
permittee-responsible mitigation.
no mitigation banks or in-lieu fee programs in the area
that have marine or estuarine credits available for sale or
(2)The amount of compensatorymitigation
transfer to the permittee. For permittee-responsible
required by the district engineer must be sufficient to
mitigation, the special conditions of the NWP verification
ensure that the authorized activity results in no more
must clearly indicate the party or parties responsible for
than minimal individual and cumulative adverse
the implementation and performance of the compensatory
environmental effects (see 33 CFR 330.1(e)(3)). (See
mitigation project, and, if required, its long-term
also 33 CFR 332.3(f)).
management.
(3)Since the likelihood of success is greater and
(i)Where certain functions and services of waters of
the impacts to potentially valuable uplands are
the United States are permanently adversely affected by a
reduced, aquatic resource restoration should be the
regulated activity, such as discharges of dredged or fill
first compensatory mitigation option considered for
material into waters of the United States that will convert
permittee-responsible mitigation.
a forested or scrub-shrub wetland to a herbaceous wetland
in a permanently maintained utility line right-of-way,
(4)If permittee-responsible mitigation is the
mitigation may be required toreduce the adverse
proposed option, the prospective permittee is
environmental effects of the activity to the no more than
responsible for submitting a mitigation plan. A
minimal level.
conceptual or detailed mitigation plan may be used
by the district engineer to make the decision on the
24.Safety of Impoundment Structures.To ensure that all
NWP verification request, but a final mitigation plan
impoundment structures are safely designed, the district engineer
that addresses the applicable requirements of 33 CFR
may require non-Federal applicants to demonstrate that the
332.4(c)(2) through (14) must be approved by the
structures comply with established state dam safety criteria or
district engineer before the permittee begins work in
have been designed by qualified persons. The district engineer
waters of the United States, unless the district
may also require documentation that the design has been
engineer determines that prior approval of the final
independently reviewed by similarly qualified persons, and
mitigation plan is not practicable or not necessary to
appropriate modifications made to ensure safety.
ensure timely completion of the required
25.Water Quality.Where States and authorized Tribes, or
compensatory mitigation (see 33 CFR 332.3(k)(3)).
EPA where applicable, have not previously certified compliance
(5)If mitigation bank or in-lieu fee program
of an NWP with CWA section 401, individual 401 Water
credits are the proposed option, the mitigation plan
Quality Certification must be obtained or waived (see 33 CFR
only needs to address the baseline conditions at the
330.4(c)). The district engineer or State or Tribe may require
impact site and the number of credits to be provided.
additional water quality management measures to ensure that the
authorized activity does not result in more than minimal
(6)Compensatory mitigation requirements (e.g.,
degradation of water quality.
resource type and amount to be provided as
compensatory mitigation, site protection, ecological
26.Coastal Zone Management.In coastal states where an
performance standards, monitoring requirements)
NWP has not previously received a state coastal zone
may be addressed through conditions added to the
management consistency concurrence, an individual state coastal
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zone management consistency concurrence must be obtained, or
(b)A statement that the implementation of any
a presumption of concurrence must occur (see 33 CFR 330.4(d)). required compensatory mitigation was completed in
The district engineer or a State may require additional measures accordance with the permit conditions. If credits from a
to ensure that the authorized activity is consistent with state mitigation bank or in-lieu fee program are used to satisfy
coastal zone management requirements.the compensatory mitigation requirements, the
certification must include the documentation required by
27.Regional and Case-By-Case Conditions.The activity
33 CFR 332.3(l)(3) to confirm that the permittee secured
must comply with any regional conditions that may have been
the appropriate number and resource type of credits; and
added by the Division Engineer (see 33 CFR 330.4(e)) and with
any case specific conditions added by the Corps or by the state, (c)The signature of the permittee certifying the
Indian Tribe, or U.S. EPA in its section 401 Water Quality completion of the activity and mitigation. The completed
Certification, or by the state in its Coastal Zone Management certification document must be submitted to the district
Act consistency determination. engineer within 30 days of completion of the authorized
activity or the implementation of any required
28.Use of Multiple Nationwide Permits.The use of
compensatory mitigation, whichever occurs later.
more than one NWP for a single and complete project is
prohibited, except when the acreage loss of waters of theUnited
31.Activities Affecting Structures or Works Built by
States authorized by the NWPs does not exceed the acreage limit the United States. If an NWP activity also requires permission
of the NWP with the highest specified acreage limit. For from the Corps pursuant to 33 U.S.C. 408 because it will alter or
example, if a road crossing over tidal waters is constructed under temporarily or permanently occupy or use a U.S. Army Corps of
NWP 14, with associated bank stabilization authorized by NWPEngineers (USACE) federally authorized Civil Works project (a
13, the maximum acreage loss of waters of the United States for ‘‘USACE project’’), the prospective permittee must submit a
-acre.preconstruction notification. See paragraph(b)(10) of general
condition32. Anactivity that requires section 408permission is
29.Transfer of Nationwide Permit Verifications.If the
not authorized by NWPuntil the appropriate Corps office issues
permittee sells the property associated with a nationwide permit
the section 408 permission to alter,occupy, or use the USACE
verification, the permittee may transfer the nationwide permit
project, andthe district engineer issues a writtenNWP
verification to the new owner by submitting a letter to the
verification.
appropriate Corps district office to validate the transfer. A copy
of the nationwide permit verification must be attached to the
letter, and the letter must contain the following statement and
32.Pre-Construction Notification.
signature:
(a)Timing.Where required by the terms of the
When the structures or work authorized by this
NWP, the prospective permittee must notify the district
nationwide permit are still in existence at the time
engineer by submitting a pre-construction notification
the property is transferred, the terms and conditions
(PCN) as early as possible. The district engineer must
of this nationwide permit, including any special
determine if the PCN is complete within 30 calendar days
conditions, will continue to be binding on the new
of the date of receipt and, if the PCN is determined to be
owner(s) of the property. To validate the transfer of
incomplete, notify the prospective permittee within that
this nationwide permit and the associated liabilities
30 day period to request the additional information
associated with compliance with its terms and
necessary to make the PCN complete. The request must
conditions, have the transferee sign and date below.
specify the information needed to make the PCN
----------------------------------------------------------------complete. As a general rule, district engineers will request
(Transferee)additional information necessary to make the PCN
complete only once. However, if the prospective
----------------------------------------------------------------permittee does not provide all of the requested
(Date)information, then the district engineer will notify the
prospective permittee that the PCN is still incomplete and
30.Compliance Certification.Each permittee who
the PCN review process will not commence until all of
receives an NWP verification letter from the Corpsmust provide the requested information has been received by the district
a signed certification documenting completion of the authorized engineer. The prospective permittee shall not begin the
activity and implementation of any required compensatory activity until either:
mitigation. The success of any required permittee-responsible
(1)He or she is notified in writing by the
mitigation, including the achievement of ecological performance
district engineer that the activity may proceed under
standards, will be addressed separately by the district engineer.
the NWP with any special conditions imposed by the
The Corps will provide the permittee the certification document
district or division engineer; or
with the NWP verification letter. The certification document will
include:
(2)45 calendar days have passed from the
district engineer’s receipt of the complete PCN and
(a)A statement that the authorized activitywas done
the prospective permittee has not received written
in accordance with the NWP authorization, including any
notice from the district or division engineer.
general, regional, or activity-specific conditions;
However, if the permittee was required to notify the
Corps pursuant to general condition 18 that listed
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species or critical habitat might be affected or are in
waters for each single and complete crossing of those
the vicinity of the activity, or to notify the Corps wetlands, other special aquatic sites, and other
pursuant to general condition 20 that the activity waters. Sketches should be provided when necessary
might have the potential to cause effects to historic to show that the activity complies with the terms of
properties, the permittee cannot begin the activity the NWP. (Sketches usually clarify the activity and
until receiving written notification from the Corps when provided results in a quicker decision. Sketches
that there is ‘‘no effect’’ on listed species or ‘‘no should contain sufficient detail to provide an
potential to cause effects’’ on historic properties, or
illustrative description of the proposed activity (e.g.,
that any consultation required under Section 7 of the
a conceptual plan), but do not need to be detailed
Endangered Species Act (see 33 CFR 330.4(f)) engineering plans);
and/or section 106 of the National Historic
(5)The PCN must include a delineation of
Preservation Act (see 33 CFR 330.4(g)) has been
wetlands, other special aquatic sites, and other
completed. Also, work cannot begin under NWPs 21,
waters, such as lakes and ponds, and perennial,
49, or 50 until the permittee has received written
intermittent, and ephemeral streams, on the project
approval from the Corps. If the proposed activity
site. Wetland delineations must be prepared in
requires a written waiver to exceed specified limits of
accordance with the current method required by the
an NWP, the permittee may not begin the activity
Corps. The permittee may ask the Corps to delineate
until the district engineer issues the waiver. If the
the special aquatic sites and other waters on the
district or division engineer notifies the permittee in
project site, but there may be a delay if the Corps
writing that an individual permit is required within 45
does the delineation, especially if the project site is
calendar days of receipt of a complete PCN, the
large or contains many wetlands, other special
permittee cannot begin the activity until an individual
aquatic sites, and other waters. Furthermore, the 45
permit has been obtained. Subsequently, the
day period will not start until the delineation has been
permittee’s right toproceed under the NWP may be
submitted to or completed by the Corps, as
modified, suspended, or revoked only in accordance
appropriate;
with the procedure set forth in 33 CFR 330.5(d)(2).
(6)If the proposed activity will result in the
(b)Contents of Pre-Construction Notification:The
-acre of wetlands anda PCN
PCN must be in writing and include the following
is required, the prospective permittee must submit a
information:
statement describing how the mitigation requirement
(1)Name, address and telephone numbers of
will be satisfied, or explaining why the adverse
the prospective permittee;
environmental effects are no more than minimal and
why compensatory mitigation should not be required.
(2)Location of the proposed activity;
As an alternative, the prospective permittee may
submit a conceptual or detailed mitigation plan.
(3)Identify the specific NWP or NWP(s) the
prospective permittee wants to use to authorize the
(7)For non-Federal permittees, if any listed
proposed activity;
species or designated critical habitat might be
affected or is in the vicinity of the activity, or if the
(4)A description of the proposed activity; the
activity is located in designated critical habitat, the
activity’s purpose; direct and indirect adverse
PCN must include the name(s) of those endangered
environmental effects the activity would cause,
or threatened species that might be affected by the
including the anticipated amount of loss of wetlands,
proposed activity or utilize the designated critical
other special aquatic sites, and other waters expected
habitat that might be affected by the proposed
to result from the NWP activity, inacres, linear feet,
activity. For NWP activities that require pre-
or other appropriate unit of measure; a description of
construction notification, Federal permittees must
any proposed mitigation measures intended to reduce
provide documentation demonstrating compliance
the adverse environmental effects caused by the
with the Endangered Species Act;
proposed activity; and any other NWP(s), regional
general permit(s), or individual permit(s) used or
(8)For non-Federal permittees, if the NWP
intended to be used to authorize any part of the
activity might have the potential to cause effects to a
proposed project or any related activity, including
historic property listed on, determined to be eligible
other separate and distant crossings for linear projects
for listing on, or potentially eligible for listing on, the
that require Department of the Army authorization
National Register of Historic Places, the PCN must
but do not require pre-construction notification. The
state which historic property might have the potential
description of the proposed activity and any proposed
to be affected by the proposed activity or include a
mitigation measures should be sufficiently detailed to
vicinity map indicating the location of the historic
allow the district engineer to determine that the
property. For NWP activities that require pre-
adverse environmental effects of the activity will be
construction notification, Federal permittees must
no more than minimal and to determine the need for
provide documentation demonstrating compliance
compensatory mitigation or other mitigation
with section 106 of the National Historic Preservation
measures. For single and complete linear projects, the
Act;
PCN must include the quantity of anticipated losses
of wetlands, other special aquatic sites, and other
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(9)For an activity that will occur in a
district engineer via telephone, facsimile
component of the National Wild and Scenic River transmission, or email that they intend to provide
System, or in a river officially designated by substantive, site-specific comments. The comments
Congress as a ‘‘study river’’ for possible inclusion in
must explain why the agency believes the adverse
the system whilethe river is in an official study
environmental effects will be more than minimal. If
status, the PCN must identify the Wild and Scenic
so contacted by an agency, the district engineer will
River or the ‘‘study river’’ (see general condition
wait an additional 15 calendar days before making a
16); and
decision on the preconstruction notification. The
district engineer will fully consider agency comments
(10)For an activity that requires permission
received within the specified time frame concerning
from the Corps pursuant to 33 U.S.C. 408 because it
the proposed activity’s compliance with the terms
will alteror temporarily or permanently occupy or
and conditions of the NWPs, including the need for
use a U.S. Army Corps of Engineers federally
mitigation to ensure the net adverse environmental
authorized civil works project, the pre-construction
effects of the proposed activity are no more than
notification must include a statement confirming that
minimal. The district engineer will provide no
the project proponent has submitted a written request
response to the resource agency, except as provided
for section 408 permission from the Corps office
below. The district engineer will indicate in the
having jurisdiction over that USACE project.
administrative record associated with each pre-
construction notification that the resource agencies’
(c)Form of Pre-Construction Notification:The
concerns were considered. For NWP 37, the
standard individual permit application form (Form ENG
emergency watershed protection and rehabilitation
4345) may be used, but the completed application form
activity may proceed immediately in cases where
must clearly indicate that it is an NWP PCN and must
there is an unacceptable hazard to life or asignificant
include all of the applicable information required in
loss of property or economic hardship will occur. The
paragraphs (b)(1) through (10) of this general condition.
district engineer will consider any comments
A letter containing the required information may also be
received to decide whether the NWP 37 authorization
used. Applicants may provide electronic files ofPCNs
should be modified, suspended, or revoked in
and supporting materials if the district engineer has
accordance with the procedures at 33 CFR 330.5.
established tools and procedures for electronic submittals.
(4)In cases of where the prospective permittee
(d)Agency Coordination:
is not a Federal agency, the district engineer will
(1)The district engineer will consider any
provide a response to NMFS within 30 calendar days
comments from Federal and state agencies
of receipt of any Essential Fish Habitat conservation
concerning the proposed activity’s compliance with
recommendations, as required by section
the terms and conditions of the NWPs and the need
305(b)(4)(B) of the Magnuson-Stevens Fishery
for mitigation to reduce the activity’s adverse
Conservation and Management Act.
environmental effects so that they are no more than
(4)Applicants are encouraged to provide the
minimal.
Corps with either electronic files or multiple copies
(2)Agency coordination is required for: (i) All
of preconstruction notifications to expedite agency
NWP activities that require pre-construction
coordination.
-
acre of waters of the United States; (ii) NWP 21, 29, C.District Engineer’s Decision
39, 40, 42, 43, 44, 50, 51, and 52 activities that
1.In reviewing the PCN for the proposed activity, the
require pre-construction notification and will result in
district engineer will determine whether the activity authorized
the loss of greater than 300 linear feet of stream bed;
by the NWP will result in more than minimal individual or
(iii) NWP 13 activities in excess of 500 linear feet,
cumulative adverse environmental effects or may be contrary
fills greater than one cubic yard per running foot, or
to the public interest. If a project proponent requests
involve discharges of dredged or fill material into
authorization by a specific NWP, the district engineer should
special aquatic sites; and (iv) NWP 54 activities in
issue the NWP verification for that activity if it meets the
excess of 500 linear feet, or that extend into the
terms and conditions of that NWP, unless he or she
waterbody more than 30 feet from the mean low
determines, after considering mitigation, that the proposed
water line in tidal waters or the ordinary high water
activity will result in more than minimal individual and
mark in the Great Lakes.
cumulative adverse effects on the aquatic environment and
other aspects of the public interest and exercises discretionary
(3)When agency coordination is required, the
authority to require an individual permit for the proposed
district engineer will immediately provide (e.g., via
activity. For a linear project, this determination will include an
email, facsimile transmission, overnight mail, or
evaluation of the individual crossings of waters of the United
other expeditious manner) a copy of the complete
States to determine whether they individually satisfy the terms
PCN to the appropriate Federal or state offices (FWS,
and conditions of the NWP(s), as well as the cumulative
state natural resource or water quality agency, EPA,
effects caused by all of the crossings authorized by NWP. If
and, if appropriate, the NMFS). With the exception of
an applicant requests a waiver of the 300 linear foot limit on
NWP 37, these agencies will have 10 calendar days
impacts to streams or of an otherwise applicable limit, as
from the date the material is transmitted to notify the
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provided for in NWPs 13, 21, 29, 36, 39, 40, 42, 43, 44, 50,
expeditiously review the proposed compensatory mitigation
51, 52, or 54, the district engineer will only grant the waiver plan. The district engineer must review the proposed
upon a written determination that the NWP activity will result compensatory mitigation plan within 45 calendar days of
in only minimal individual and cumulative adverse
receiving a complete PCN and determine whether the
environmental effects. For those NWPs that have a waivable
proposed mitigation would ensure the NWP activity results in
300 linear foot limit for losses of intermittent and ephemeral
no more than minimaladverse environmental effects. If the
-acre limit (i.e., NWPs 21, 29, 39, 40, 42,
net adverse environmental effects of the NWP activity (after
43, 44, 50, 51, and 52), the loss of intermittent and ephemeral
consideration of the mitigation proposal) are determined by
stream bed, plus any other losses of jurisdictional waters and
the district engineer to be no more than minimal, the district
wetlands, cannot ex-acre.
engineer will provide a timely written response to the
applicant. The response will state that the NWP activity can
2.When making minimal adverse environmental effects
proceed under the terms and conditions of the NWP, including
determinations the district engineer will consider the direct
any activity-specific conditions added to the NWP
and indirect effects caused by the NWP activity. He or she
authorization by the district engineer.
will also consider the cumulative adverse environmental
effects caused by activities authorized by NWP and whether
4.If the district engineer determines that the adverse
those cumulative adverse environmental effects are no more
environmental effects of the proposed activity are more than
than minimal. The district engineer will also consider site
minimal, then the district engineer will notify the applicant
specific factors, such as the environmental setting in the
either: (a) That the activity does not qualify for authorization
vicinity of the NWP activity, the type of resource that will be
under the NWP and instruct the applicant on the procedures to
affected by the NWP activity, the functions provided by the
seek authorization under an individual permit; (b) that the
aquatic resources that will be affected by the NWP activity,
activity is authorized under the NWP subject to the applicant’s
the degree or magnitude to which the aquatic resources
submission of a mitigation plan that would reduce the adverse
perform those functions, the extent that aquatic resource
environmental effects so that they are no more than minimal;
functions will be lost as a result of the NWP activity (e.g.,
or (c) that the activity is authorized under the NWP with
partial or complete loss), the duration of the adverse effects
specific modifications or conditions. Where the district
(temporary or permanent), the importance of the aquatic
engineer determines that mitigation is required to ensure no
resource functions to the region (e.g., watershed or ecoregion),
more than minimal adverse environmental effects, the activity
and mitigation required by the district engineer. If an
will be authorized within the 45-day PCN period (unless
appropriate functional or condition assessment method is
additional time is required to comply with general conditions
available and practicable to use, that assessment method may
18, 20, and/or 31, or to evaluate PCNs for activities authorized
be used by the district engineer to assist in the minimal
by NWPs 21, 49, and 50), with activity-specific conditions
adverse environmental effects determination. The district
that state the mitigation requirements. The authorization will
engineer may add case-specific special conditions to the NWP
include the necessary conceptual or detailed mitigation plan or
authorization to address site-specific environmental concerns.
a requirement that the applicant submit a mitigation plan that
would reduce the adverse environmental effects so that they
3.If the proposed activity requires a PCN and will
are no more than minimal. When compensatory mitigation is
-acre of wetlands, the
required, no work in waters of the United States may occur
prospective permittee should submit a mitigation proposal
until the district engineer has approved a specific mitigation
with the PCN. Applicants may also propose compensatory
plan or has determined that prior approval of a final mitigation
mitigation for NWP activities with smaller impacts, or for
plan is not practicable or not necessary to ensure timely
impacts to other types of waters (e.g., streams). The district
completion of the required compensatory mitigation.
engineer will consider any proposed compensatory mitigation
or other mitigation measures the applicant has included in the
D.Further Information
proposal in determining whether the net adverse
1.District Engineers have authority to determine if an
environmental effects of the proposed activity are no more
activity complies with the terms and conditions of an NWP.
than minimal. The compensatory mitigation proposal may be
either conceptual or detailed. If the district engineer
2.NWPs do not obviate the need to obtain other federal,
determines that the activity complies with the terms and
state, or local permits, approvals, or authorizations required by
conditions of the NWP and that the adverse environmental
law.
effects are no more than minimal, after considering mitigation,
3.NWPs do not grant any property rights or exclusive
the district engineer will notify the permittee and include any
privileges.
activity-specific conditions in the NWP verification the district
engineer deems necessary. Conditions for compensatory
4.NWPs do not authorize any injury to the property or
mitigation requirements must comply with the appropriate
rights of others.
provisions at 33 CFR 332.3(k). The district engineer must
5.NWPs do not authorizeinterference with any existing or
approve the final mitigation plan before the permittee
proposed Federal project (see general condition 31).
commences work in waters of the United States, unless the
district engineer determines that prior approval of the final
E.Definitions
mitigation plan is not practicable or not necessary to ensure
Best management practices (BMPs):Policies, practices,
timely completion of the required compensatory mitigation. If
procedures, or structures implemented to mitigate the adverse
the prospective permittee elects to submit a compensatory
environmental effects on surface water quality resulting from
mitigation plan with the PCN, the district engineer will
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Nationwide Permit3SummaryPage 11
development. BMPs are categorized as structural or non-
strong winds such as those accompanying a hurricane or other
structural.intense storm.
Compensatory mitigation:The restoration (re-establishment Historic Property:Any prehistoric or historic district, site
or rehabilitation), establishment (creation), enhancement,
(including archaeological site), building, structure, or other
and/or in certain circumstances preservation of aquatic
object included in, or eligible for inclusion in, the National
resources for the purposes of offsetting unavoidable adverse
Register of Historic Places maintained by the Secretary of the
impacts which remain after all appropriate and practicable
Interior. This term includes artifacts, records, and remains that
avoidance and minimization has been achieved.
are related to and located within such properties. The term
includes properties of traditional religious and cultural
Currently serviceable:Useable as is or with some
importance to an Indian tribe or Native Hawaiian organization
maintenance, but not so degraded as to essentially require
and that meet the National Register criteria (36 CFR part 60).
reconstruction.
Independent utility:A test to determine what constitutes a
Direct effects:Effects that are caused by the activity and
single and complete non-linear project in the Corps
occur at the same time and place.
Regulatory Program. A project is considered to have
independent utility if it would be constructed absent the
Discharge:The term ‘‘discharge’’ means any discharge of
construction of other projects in the project area. Portions of a
dredged or fill material into waters of the United States.
multi-phase project that depend upon other phases of the
Ecological reference:A model used to plan and design an
project do not have independent utility. Phases of a project
aquatic habitat and riparian area restoration, enhancement, or
that would be constructed even if the other phases were not
establishment activity under NWP 27. An ecological reference
built can be considered as separate single and complete
may be based on the structure, functions, and dynamics of an
projects with independent utility.
aquatic habitat type or a riparian area type that currently exists
Indirect effects:Effects that are caused by the activity and are
in the region where the proposed NWP 27 activity is located.
later in time or farther removed in distance, but are still
Alternatively, an ecological reference may be based on a
reasonably foreseeable.
conceptual model for the aquatic habitat type or riparian area
type to be restored, enhanced, or established as a result of the
Intermittent stream:An intermittent stream has flowing
proposed NWP 27 activity. An ecological reference takes into
water during certain times of the year, when groundwater
account the range of variation of the aquatic habitat type or
provides water for stream flow. During dry periods,
riparian area type in the region.
intermittent streams may not have flowing water. Runoff from
rainfall is a supplemental source of water for stream flow.
Enhancement:The manipulation of the physical, chemical, or
biological characteristics of an aquatic resource to heighten,
Loss of waters of the United States:Waters of the United
intensify, or improve a specific aquatic resource function(s).
States that are permanently adversely affected by filling,
Enhancement results in the gain of selected aquatic resource
flooding, excavation, or drainage because of the regulated
function(s), but may also lead to a decline in other aquatic
activity. Permanent adverse effects include permanent
resource function(s). Enhancement does not result in a gain in
discharges of dredged or fill material that change an aquatic
aquatic resource area.
area to dry land, increase the bottom elevation of a waterbody,
or change the use of a waterbody. The acreage of loss of
Ephemeral stream:An ephemeral stream has flowing water
waters of the United States is a threshold measurement of the
only during, and for a short duration after, precipitation events
impact to jurisdictional waters for determining whether a
in a typical year. Ephemeral stream beds are located above the
project may qualify for an NWP; it is not a net threshold that
water table year-round. Groundwater is not a source of water
is calculated after considering compensatory mitigation that
for the stream. Runoff from rainfall is the primary source of
may be used to offset losses of aquatic functions and services.
water for stream flow.
The loss of stream bed includes the acres or linear feet of
Establishment (creation):The manipulation of the physical,
stream bed that are filledor excavated as a result of the
chemical, or biological characteristics present to develop an
regulated activity. Waters of the United States temporarily
aquatic resource that did not previously exist at an upland site.
filled, flooded, excavated, or drained, but restored to pre-
Establishment results in a gain in aquatic resource area.
construction contours and elevations after construction, are not
included in the measurement of loss ofwaters of the United
High Tide Line:The line of intersection of the land with the
States. Impacts resulting from activities that do not require
water’s surface at the maximum height reached by a rising
Department of the Army authorization, such as activities
tide. The high tide line may be determined, in the absence of
eligible for exemptions under section 404(f) of the Clean
actual data, by a line of oil or scum along shore objects, a
Water Act, are not considered when calculating the loss of
more or less continuous deposit of fine shell or debris on the
waters of the United States. Navigable waters: Waters subject
foreshore or berm, other physical markings or characteristics,
to section 10 of the Rivers and Harbors Act of 1899. These
vegetation lines, tidal gages, or other suitable means that
waters are defined at 33 CFR part 329.
delineate the general height reached by a rising tide. The line
encompasses spring high tides and other high tides that occur
Non-tidal wetland:A non-tidal wetland is a wetland that is
with periodic frequency but does not include storm surges in
not subject to the ebb and flow of tidal waters. Nontidal
which there is a departure from the normal or predicted reach
wetlands contiguous to tidal waters are located landward of
of the tide due to the piling up of water against a coast by
the high tide line (i.e., spring high tide line).
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Open water:For purposes of the NWPs, an open water is any
Restoration:The manipulation of the physical, chemical, or
area that in a year with normal patterns of precipitation has biological characteristics of a site with the goal of returning
water flowing or standing above ground to the extent that an natural/historic functions to a former or degraded aquatic
ordinary high water mark can be determined. Aquatic
resource. For the purpose of tracking net gains in aquatic
vegetation within the area of flowing or standing water is
resource area, restoration is divided into two categories:
either non-emergent, sparse, or absent. Vegetated shallows are
Reestablishment and rehabilitation.
considered to be openwaters. Examples of ‘‘open waters’’
Riffle and pool complex:Riffle and pool complexes are
include rivers, streams, lakes, and ponds.
special aquatic sites under the 404(b)(1) Guidelines. Riffle and
Ordinary High Water Mark:An ordinary high water mark is
pool complexes sometimes characterize steep gradient
a line on the shore established by the fluctuations of water and sections of streams. Such stream sections are recognizable by
indicated by physical characteristics, or by other appropriate their hydraulic characteristics. The rapid movement of water
means that consider the characteristics of the surrounding over a course substrate in riffles results in a rough flow, a
areas. turbulent surface, and high dissolved oxygen levels in the
water. Pools are deeper areas associated with riffles. A slower
Perennial stream:A perennial stream has flowing water year-
stream velocity, a streaming flow, a smooth surface, and a
round during a typical year. The water table is located above
finer substrate characterize pools.
the stream bed for most of the year. Groundwater is the
primary source of water for stream flow. Runoff from rainfall
Riparian areas:Riparian areas are lands next to streams,
is a supplemental source of water for stream flow.
lakes, and estuarine-marine shorelines. Riparian areas are
transitional between terrestrial and aquatic ecosystems,
Practicable:Available and capable of being done after taking
through which surface and subsurface hydrology connects
into consideration cost, existing technology, and logistics in
riverine, lacustrine, estuarine, and marine waters with their
light of overall project purposes.
adjacent wetlands, non-wetland waters, or uplands. Riparian
areas provide a variety of ecological functions and services
Pre-construction notification:A request submitted by the
and help improve or maintain local water quality. (See general
project proponent to the Corps for confirmation that a
condition 23.)
particular activity is authorized by nationwide permit. The
request may be a permit application, letter, or similar
Shellfish seeding:The placement of shellfish seed and/or
document that includes information about the proposed work
suitable substrate to increase shellfish production. Shellfish
and its anticipated environmental effects. Preconstruction
seed consists of immature individual shellfish or individual
notification may be required by the terms and conditions of a
shellfish attached to shells or shell fragments (i.e., spat on
nationwide permit, or by regional conditions. A pre-
shell). Suitable substrate may consist of shellfish shells, shell
construction notification may be voluntarily submitted in cases
fragments, or other appropriate materials placed into waters
where preconstruction notification is not required and the
for shellfish habitat.
project proponent wants confirmation that the activity is
authorized by nationwide permit.
Single and complete linear project:A linear project is a
project constructed for the purpose of getting people, goods, or
Preservation:The removal of a threat to, or preventing the
services from a point of origin to a terminal point, which often
decline of, aquatic resources by an action in or near those
involves multiple crossings of one or more waterbodies at
aquatic resources. This term includes activities commonly
separate and distant locations. The term “single and complete
associated with the protection and maintenance of aquatic
project” is defined as that portion of the total linear project
resources through the implementation of appropriate legal and
proposed or accomplished by one owner/developer or
physical mechanisms. Preservation does not result in a gain of
partnership or other association of owners/developers that
aquatic resource area or functions.
includes all crossings of a single water of the United States
(i.e., a single waterbody) at a specific location. For linear
Protected tribal resources: Those natural resources and
projects crossing a single or multiple waterbodies several
properties of traditional or customary religious or cultural
times at separate and distant locations, each crossing is
importance, either on or off Indian lands, retained by, or
considered a single and complete project for purposes of NWP
reserved by or for, Indian tribes through treaties, statutes,
authorization. However, individual channels in a braided
judicial decisions, or executive orders, including tribal trust
stream or river, or individual arms of a large, irregularly
resources.
shaped wetland or lake, etc., are not separate waterbodies, and
Re-establishment:The manipulation of the physical,
crossings of such features cannot be considered separately.
chemical, or biological characteristics of a site with the goal of
Single and complete non-linear project:For non-linear
returning natural/historic functions to a former aquatic
projects, the term “single and complete project” is defined at
resource. Reestablishment results in rebuilding a former
33 CFR 330.2(i) as the total project proposed or accomplished
aquatic resource and results in a gain in aquatic resource area
by one owner/developer or partnership or other association of
and functions.
owners/developers. A single and complete non-linear project
Rehabilitation:The manipulation of the physical, chemical,
must have independent utility (see definition of “independent
or biological characteristics of a site with the goal of repairing
utility”). Single and complete non-linear projects may not be
natural/historic functions to a degraded aquatic resource.
“piecemealed” to avoid the limits in an NWP authorization.
Rehabilitation results in a gain in aquatic resource function,
Stormwater management:Stormwater management is the
but does not result in a gain in aquatic resource area.
mechanism for controlling stormwater runoff for the purposes
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Nationwide Permit3SummaryPage 13
of reducing downstream erosion, water quality degradation,
and flooding and mitigating the adverse effects of changes in
land use on the aquatic environment.
Stormwater management facilities:Stormwater
management facilities are those facilities, including but not
limited to, stormwater retentionand detention ponds and best
management practices, which retain water for a period of time
to control runoff and/or improve the quality (i.e., by reducing
the concentration of nutrients, sediments, hazardous
substances and other pollutants) of stormwater runoff.
Stream bed:The substrate of the stream channel between the
ordinary high water marks. The substrate may be bedrock or
inorganic particles that range in size from clay to boulders.
Wetlands contiguous to the stream bed, but outside of the
ordinary high water marks, are not considered part of the
stream bed.
Stream channelization:The manipulation of a stream’s
course, condition, capacity, or location that causes more than
minimal interruption of normal stream processes. A
channelized stream remains a water of the United States.
Structure:An object that is arranged in a definite pattern of
organization. Examples of structures include, without
limitation, any pier, boat dock, boat ramp, wharf, dolphin,
weir, boom, breakwater, bulkhead, revetment, riprap, jetty,
artificial island, artificialreef, permanent mooring structure,
power transmission line, permanently moored floating vessel,
piling, aid to navigation, or any other manmade obstacle or
obstruction.
Tidal wetland:A tidal wetland is a jurisdictional wetland that
is inundated by tidal waters. Tidal waters rise and fall in a
predictable and measurable rhythm or cycle due to the
gravitational pulls of the moon and sun. Tidal waters end
where the rise and fall of the water surface can no longer be
practically measured in a predictable rhythm due to masking
by other waters, wind, or other effects. Tidal wetlands are
Tribal lands:Any lands title to which is either: (1) Held in
trust by the United States for the benefit of any Indian tribe or
individual; or (2) held by any Indian tribe or individual subject
to restrictions by the United States against alienation.
Tribal rights:Those rights legally accruing to a tribe or tribes
by virtue of inherent sovereign authority, unextinguished
aboriginal title, treaty, statute, judicial decisions, executive
order or agreement, and that give rise to legally enforceable
remedies.
Vegetated shallows:Vegetated shallows are special aquatic
sites under the 404(b)(1) Guidelines. They are areas that are
permanently inundated and under normal circumstances have
rooted aquatic vegetation, such as seagrasses in marine and
estuarine systems and a variety of vascular rooted plants in
freshwater systems.
Waterbody:For purposes of the NWPs, a waterbody is a
jurisdictional water of the United States. If a wetland is
adjacent to a waterbody determined to be a water of the United
States, that waterbody andany adjacent wetlands are
considered together as a single aquatic unit (see 33 CFR
328.4(c)(2)). Examples of ‘‘waterbodies’’ include streams,
rivers, lakes, ponds, and wetlands.
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Final Sacramento District Nationwide Permit (NWP)
Regional Conditions for California, excluding the Lake Tahoe Basin
(Effective March 19, 2017 until March 18, 2022)
A. Revoked NWPs
1. NWPs 29 and 39 are revoked for activities located in the Primary or Secondary Zone of
the Legal Delta.
2. NWPs 14, 18, 23, 29, 39, 40, 42, 43 and 44 are revoked from use in vernal pools that
may contain habitat for Federally-listed threatened and/or endangered vernal pool species for
all activities located in the Mather Core Recovery Area in Sacramento County, as identified in
the U.S. Fish and Wildlife Service’s Recovery Plan for Vernal Pool Ecosystems of California
and Southern Oregon dated December 15, 2005.
3. All NWPs except 3, 6, 20, 27, 32, and 38 are revoked for activities in histosols, fens,
bogs, peatlands, and in wetlands contiguous with fens. This condition does not apply to
NWPs 1, 2, 8, 9, 10, 11, 19, 24, 28, 35 or 36, as these NWPs either apply to Section 10 only
activities or do not authorize impacts to wetlands and/or other special aquatic sites. For
NWPs 3, 6, 20, 27, and 38, see Regional Condition B(5).
B. Regional Conditions Applicable Before Authorization
1.* When pre-construction notification (PCN) is required, the permittee shall notify the U.S.
Army Corps of Engineers, Sacramento District (Corps) in accordance with General Condition
32 using either the South Pacific Division Preconstruction Notification (PCN) Checklist or an
application form (ENG Form 4345) with an attachment providing information on compliance
with all of the General and Regional Conditions. In addition, the PCN shall include:
a.* A written statement describing how the activity has been designed to avoid and
minimize adverse effects, both temporary and permanent, to waters of the United States
(U.S.);
b.* Drawings, including plan and cross-section views, clearly depicting the location,
size and dimensions of the proposed activity, as well as the location of delineated waters of
the U.S. on the site. The drawings shall contain a title block, legend and scale, amount (in
cubic yards) and area (in acres) of fill in Corps jurisdiction, including both permanent and
temporary fills/structures. The ordinary high water mark or, if tidal waters, the mean high
water mark and high tide line, should be shown (in feet), based on National Geodetic Vertical
Datum (NGVD) or other appropriate referenced elevation. Unless specifically waived by the
Sacramento District, all drawings shall follow the South Pacific Division February 2016,
Updated Map and Drawing Standards for the South Pacific Division Regulatory Program, or
most recent update (available on the South Pacific Division website at:
http://www.spd.usace.army.mil/Missions/Regulatory/PublicNoticesandReferences.aspx/);
* Regional Condition developed jointly between Sacramento District, Los Angeles District, and/or San Francisco District.
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c.* Numbered and dated pre-project color photographs showing a representative
sample of waters proposed to be impacted on the site, and all waters of the U.S. proposed to
be avoided on and immediately adjacent to the project site. The compass angle and position
of each photograph shall be identified on the plan-view drawing(s) required in subpart b of
this Regional Condition;
d.* Delineation of aquatic resources in accordance with the Sacramento District’s
Minimum Standards for Acceptance of Aquatic Resources Delineation Reports (available at
http://www.spk.usace.army.mil/Portals/12/documents/regulatory/jd/minimum-
standards/Minimum_Standards_for_Delineation_with_Template-final.pdf), or updated
standards adopted by the Sacramento District, unless specifically waived by the Sacramento
District;
e. A description of proposed construction Best Management Practices (BMPs) and
highly visible markers to be used during construction of the proposed activity, as required by
Regional Conditions C(3) and C(4). If no BMPs or highly visible markers are proposed, the
PCN shall provide a description of why their use is not practicable or necessary;
f. For all activities proposed for the purpose of temporary access and construction
which would result in the placement of dredged or fill material into waters of the U.S.:
(1) The reason(s) why avoidance of temporary fill in waters of the U.S. is not
practicable;
(2) A description of the proposed temporary fill, including the type and amount (in
cubic yards) of material to be placed;
(3) The area (in acres) of waters of the U.S. and, for drainages (e.g. natural or
relocated streams, creeks, rivers), the length (in linear feet) where the temporary fill is
proposed to be placed; and
(4) A proposed plan for restoration of the temporary fill area to pre-project
contours and conditions, including a plan for the re-vegetation of the temporary fill area, if
vegetation would be removed or destroyed by the proposed temporary fill;
g. For all dewatering activities that propose structures or fill in waters of the U.S. that
require authorization from the Corps:
(1) The proposed methods for dewatering;
(2) The equipment that would be used to conduct the dewatering;
(3) The length of time the area is proposed to be dewatered;
(4) The area (in acres) and length (in linear feet) in waters of the U.S. of the
structure and/or fill;
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(5) The method for removal of the structures and/or fill; and
(6) The method for restoration of the waters of the U.S. affected by the structure
or fill following construction.
h. For linear transportation crossings that propose to alter the pre-construction
course, condition, capacity or location of open waters, the PCN shall include sufficient
justification to determine that the proposed activity would result in a net increase in aquatic
resource functions and services. Functions and services to be considered in the justification
include, but are not limited to: short- or long-term surface water storage, subsurface water
storage, moderation of groundwater flow or discharge, dissipation of energy, cycling of
nutrients, removal of elements and compounds, retention of particulates, export of organic
carbon, and maintenance of plant and animal communities.
i. For replacement linear transportation crossings that would result in a reduction in
the pre-construction bankfull width and depth of open waters of the U.S. at the crossing, as
compared to the upstream and downstream open waters:
(1) Information on why it is not practicable to approximate the pre-construction
bankfull width of the upstream and downstream open waters, and;
(2) Sufficient justification to determine that the reduction in the pre-construction
bankfull width would result in a net increase in aquatic resource functions and services.
Functions and services to be considered in the justification include, but are not limited to:
short- or long-term surface water storage, subsurface water storage, moderation of
groundwater flow or discharge, dissipation of energy, cycling of nutrients, removal of
elements and compounds, retention of particulates, export of organic carbon, and
maintenance of plant and animal communities.
j.* For any requests to waive the applicable linear foot limitations for NWPs 13, 21, 29,
39, 40, 42, 43, 44, 50, 51, 52 and 54:
(1) A narrative description of the stream. This should include known information
on: volume and duration of flow; the approximate length, width, and depth of the waterbody
and characteristics observed associated with an Ordinary High Water Mark (e.g. bed and
bank, wrack line or scour marks); a description of the adjacent vegetation community and a
statement regarding the wetland status of the adjacent areas (i.e. wetland, non-wetland);
surrounding land use; water quality; issues related to cumulative impacts in the watershed,
and; any other relevant information;
(2) An analysis of the proposed impacts to the waterbody, in accordance with
General Condition 32 and Regional Condition B(1);
(3) Measures taken to avoid and minimize losses to waters of the U.S., including
other methods of constructing the proposed activity(s); and
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(4) A compensatory mitigation plan describing how the unavoidable losses are
proposed to be offset, in accordance with 33 CFR 332.
k. For NWP 23: A copy of the signed Categorical Exclusion document and final
agency determinations regarding compliance with Section 7 of the Endangered Species Act
(ESA), Section 305(b)(4)(B) of the Magnuson-Stevens Fishery Conservation and
Management Act (MSFCMA), and Section 106 of the National Historic Preservation Act
(NHPA), in accordance with General Conditions 18 and 20 and Regional Condition B(12).
l. For NWP 27: Sufficient justification to determine that the proposed activity would
result in a net increase in aquatic resource functions and services. Functions and services to
be considered in the justification include, but are not limited to: short- or long-term surface
water storage, subsurface water storage, moderation of groundwater flow or discharge,
dissipation of energy, cycling of nutrients, removal of elements and compounds, retention of
particulates, export of organic carbon, and maintenance of plant and animal communities.
m. For any NWP 29 or 39 activities that propose channelization or relocation of
perennial or intermittent drainages: Justification on how the proposed channelization or
relocation would result in a net increase in aquatic resource functions and services.
Functions and services to be considered in the justification include, but are not limited to:
short- or long-term surface water storage, subsurface water storage, moderation of
groundwater flow or discharge, dissipation of energy, cycling of nutrients, removal of
elements and compounds, retention of particulates, export of organic carbon, and
maintenance of plant and animal communities.
n. For construction activities that would occur within standing or flowing waters:
Information on why it is not practicable to conduct construction activities when the area is
dewatered naturally or through an approved dewatering plan.
o. For all new bank stabilization activities that would not involve the sole use of native
vegetation or other bioengineered design techniques: Information on why the sole use of
vegetated techniques to accomplish the bank stabilization activity is not practicable.
p. For activities located in designated critical habitat for Federally-listed threatened
and/or endangered anadromous fish species where the activity would result in a reduction or
alteration in the quality and availability of the Physical and Biological Features (also known as
Essential Features or Primary Constituent Elements):
(1) The reasons why it is not practicable to avoid the reduction or alteration in the
quality and availability of the Physical and Biological Features of the designated critical
habitat.
(2) Information demonstrating that the reduction or alteration will have no more
than minimal individual or cumulative adverse effects.
Information regarding the Physical and Biological Features of designated critical habitat
may be found at the following websites:
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Winter-run Chinook Salmon (Essential Features beginning on page 33218):
http://www.westcoast.fisheries.noaa.gov/publications/frn/1993/58fr33212.pdf
Steelhead and Spring-run Chinook salmon (Primary Constituent Elements
beginning on page 52521):
http://www.westcoast.fisheries.noaa.gov/publications/frn/2005/70fr52488.pdf
Green Sturgeon (Primary Constituent Elements/Physical and Biological
Features beginning on page 52322):
http://www.westcoast.fisheries.noaa.gov/publications/protected_species/other/green_sturgeo
n/g_s_critical_habitat/frn_10092009_green_sturgeon_ch.pdf
2. For all NWPs, the permittee shall submit a PCN in accordance with General Condition
32 and Regional Condition B(1), in the following circumstances:
a. For all activities that would result in the discharge of fill material into any vernal
pool;
b. For all activities in the Primary and Secondary Zones of the Legal Delta, the
Sacramento River, the San Joaquin River, and navigable tributaries of these waters, when
the Corps has not designated another Federal agency as the lead for compliance with ESA,
MSFCMA, and NHPA, as specified in Regional Condition B(12);
c. For all new or replacement linear transportation crossings of perennial, intermittent,
or ephemeral drainages (e.g. natural or relocated streams, creeks, rivers) or other open
waters of the U.S., where the pre-construction bankfull width of waters of the U.S. at the
crossing would be reduced;
d. For all activities in waters of the U.S. proposed within 100 feet of the point of
discharge of a known natural spring source (i.e. which is any location where ground water
emanates from a point in the ground excluding seeps or other discharges which lack a
defined channel);
e.* For all activities proposed by non-Federal applicants located in areas designated
as Essential Fish Habitat (EFH) by the Pacific Fishery Management Council, and that would
result in an adverse effect to EFH, in which case the PCN shall include an EFH assessment
and extent of proposed impacts to EFH. Examples of EFH habitat assessments can be found
at: http://www.westcoast.fisheries.noaa.gov/habitat/fish_habitat/efh_consultations_go.html;
or
f.* For Water Quality Certificate issuance considerations, all activities in waters of the
U.S. on Tribal Lands.
3.For all utility line activities: The permittee shall submit a PCN in accordance with
General Condition 32 and Regional Condition B(1) for new utility line activities when:
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a. The utility line activity would result in a discharge of dredged and/or fill material into
perennial drainages (e.g. (e.g. natural or relocated streams, creeks, rivers) or other perennial
open waters of the U.S., wetlands, mudflats, vegetated shallows, riffle and pool complexes,
sanctuaries and refuges or coral reefs;
b. The utility line activity would result in a loss of greater than 100 linear feet of
intermittent or ephemeral drainages (e.g. natural or relocated streams, creeks, rivers) or other
intermittent or ephemeral open waters of the U.S.;
c. The utility line activity would include the construction of a temporary or permanent
access road, substation or foundation within waters of the U.S.;
d. All utility line trenches in waters of the U.S. would not be restored to pre-project
contours and conditions within 30 days following completion of construction activities in
waters of the U.S; or
e. The utility line activity would involve the discharge of any excess material
associated with the construction of a utility line trench into waters of the U.S.
4. All new bank stabilization activities shall involve either the sole use of native vegetation
or other bioengineered design techniques (e.g. willow plantings, root wads, large woody
debris, etc.), or a combination of hard-armoring (e.g. rip-rap) and native vegetation or
bioengineered design techniques, unless specifically determined to be not practicable by the
Corps. The permittee shall submit a PCN in accordance with General Condition 32 and
Regional Condition B(1) for any new bank stabilization activity that involves any hard-
armoring or the placement of any non-vegetated or non-bioengineered technique below the
ordinary high water mark or, if tidal waters, the high tide line of waters of the U.S.
5. For NWP 3, 6, 20, and 27: The permittee shall submit a PCN in accordance with
General Condition 32 and Regional Condition B(1) for activities in histosols, fens, bogs,
peatlands, and in wetlands contiguous with fens.
6. For NWP 23: The permittee shall submit a PCN for all activities proposed under this
NWP, in accordance with General Condition 32 and Regional Condition B(1).
7. For NWP 27: The permittee shall submit a PCN in accordance with General Condition
32 and Regional Condition B(1) for aquatic habitat restoration, establishment, and
enhancement activities in the following circumstances:
a. The activity would result in a discharge of dredged and/or fill material into perennial
drainages (e.g. natural or relocated streams, creeks, rivers) or other perennial open waters of
the U.S., wetlands, mudflats, vegetated shallows, riffle and pool complexes, sanctuaries and
refuges, or coral reefs; or
b. The activity would result in a discharge of dredged and/or fill material into greater
than 0.10 acre or 100 linear feet of intermittent or ephemeral drainages (e.g. natural or
relocated streams, creeks, rivers) or other intermittent or ephemeral open waters of the U.S.
Page 6 of 10
* Regional Condition developed jointly between Sacramento District, Los Angeles District, and/or San Francisco District.
312:2323.61:3!GFSD!QEG!)Vopggjdjbm*!230230312:!23;36;33!QN
8. For NWPs 29 and 39: The channelization or relocation of perennial or intermittent
drainages (e.g. natural or relocated streams, creeks, rivers) is not authorized, except when,
as determined by the Corps, the proposed channelization or relocation would result in a net
increase in aquatic resource functions and services. This Regional Condition does not apply
to man-made ditches, unless, as determined by the Corps, the ditch (1) was constructed
through an aquatic resource or is a relocated drainage; (2) the ditch receives water from an
area determined to be a water of the U.S.; and (3) the ditch diverts water to an area
determined to be a water of the U.S.
9. For NWP 46: The discharge shall not cause the loss of greater than 0.5 acre or 300
linear feet of waters of the U.S., unless specifically waived in writing by the Corps.
10. In addition to the requirements of General Conditions 2 and 9, the following criteria shall
apply to linear transportation crossings (e.g. roads, highways, railways, trails, bridges,
culverts):
a.* For all activities in waters of the U.S. that are suitable habitat for Federally-listed
fish species, including designated critical habitat for such species, the permittee shall design
all new or substantially reconstructed linear transportation crossings to ensure that the
passage and/or spawning of fish is not hindered. In these areas, the permittee shall employ
bridge designs that span the stream or river, including pier- or pile-supported spans, or
designs that use a bottomless arch culvert with a natural stream bed;
b. Linear transportation crossings shall be constructed to maintain the pre-
construction course, condition, capacity, and location of open waters, unless it can be
demonstrated by the permittee, and the Corps’ concurs, that the activity would result in a net
increase in aquatic resource functions and services. For areas containing existing linear
transportation crossings, the pre-construction course, condition, capacity, and location of
open waters shall be determined based on the upstream and downstream portions of the
open waters.
c. Unless determined to be not practicable by the Corps, all linear transportation
crossings proposed to be replaced shall be designed to approximate the bankfull width and
depth of upstream and downstream open waters.
11. Unless determined to be not practicable by the Corps, no dredged and/or fill material
shall be discharged within standing or flowing waters. For ephemeral or intermittent
drainages (e.g. natural or relocated streams, creeks, rivers), this may be accomplished
through construction during the dry season. In perennial drainages, this may be
accomplished through dewatering of the work area. All dewatering shall be conducted to
allow fish and wildlife passage during construction. All dewatering structures and/or fills shall
be removed within 30 days following completion of construction activities in waters of the U.S.
12.* For activities in which the Corps designates another Federal agency as the lead for
compliance with Section 7 of the ESA of 1973 as amended, pursuant to 50 CFR Part 402.07;
Section 305(b)(4)(B) of the MSFCMA, pursuant to 50 CFR 600.920(b); and/or Section 106 of
Page 7 of 10
* Regional Condition developed jointly between Sacramento District, Los Angeles District, and/or San Francisco District.
312:2323.61:3!GFSD!QEG!)Vopggjdjbm*!230230312:!23;36;33!QN
the NHPA of 1966, as amended, pursuant to 36 CFR 800.2(a)(2), the prospective permittee
shall provide all relevant documentation to the Corps demonstrating any previous
consultation efforts as it pertains to the Corps Regulatory permit area (for ESA and MSFCMA
compliance) and the Corps Regulatory area of potential effect (APE) (for Section 106
compliance). For activities requiring a PCN, this information shall be submitted with the PCN.
If the Corps does not designate another Federal agency as the lead for ESA, EFH and/or
NHPA, the Corps will initiate consultation for compliance, as appropriate.
C. Regional Conditions Applicable After Authorization C. Regional Conditions Applicable After Authorization C. Regional Conditions Applicable After Authorization
1. The permittee shall record the NWP verification letter with the Registrar of Deeds or
other appropriate official charged with the responsibility for maintaining records of title to or
interest in real property for areas (a) required to be preserved as a special condition of the
NWP verification letter, including any associated covenants or restrictions, or (b) where boat
ramps, docks, marinas, piers, or permanently moored vessels will be constructed or placed in
or adjacent to navigable waters. The recordation shall also include a map showing the
surveyed location of the required preserve area or authorized structure. Evidence of the
recordation of the NWP verification shall be provided to the Corps with the compliance
certification required in General Condition 30 and Regional Condition C(9).
2. Compensatory Mitigation Requirements:
a. For all activities requiring permittee responsible compensatory mitigation, the
permittee shall develop and submit to the Corps for review and approval, a final
comprehensive mitigation and monitoring plan prior to commencement of construction
activities within waters of the U.S. The plan shall include the mitigation location and design
drawings, vegetation plans, including target species to be planted, and final success criteria,
presented in the format of the Final 2015 Regional Compensatory Mitigation and Monitoring
Guidelines for South Pacific Division USACE, or most recent update (available on the South
Pacific Division website at:
whttp://www.spd.usace.army.mil/Missions/Regulatory/PublicNoticesandReferences.aspx/);
b.* The permittee shall complete the construction of any compensatory mitigation
required by special condition(s) of the NWP verification before or concurrent with
commencement of construction of the authorized activity, except when specifically
determined to be not practicable by the Corps. When compensatory mitigation involves use
of a mitigation bank or in-lieu fee program, the permittee shall submit proof of purchase of
required credits to the Corps prior to commencement of construction of the authorized activity
in waters of the U.S.; and
c. For all activities within the Secondary Zone of the Legal Delta, the permittee shall
conduct compensatory mitigation for unavoidable impacts within the Secondary Zone of the
Legal Delta.
3. Unless determined to be not practicable or appropriate by the Corps, for activities that
result in the discharge of dredged and/or fill material into waters of the U.S., the permittee
shall employ construction BMPs on-site prior to the initiation of construction activities in
Page 8 of 10
* Regional Condition developed jointly between Sacramento District, Los Angeles District, and/or San Francisco District.
312:2323.61:3!GFSD!QEG!)Vopggjdjbm*!230230312:!23;36;33!QN
waters of the U.S., to prevent degradation to on-site and off-site waters of the U.S. Methods
shall include the use of appropriate measures to intercept and capture sediment prior to
entering waters of the U.S., as well as erosion control measures along the perimeter of all
work areas to prevent the displacement of fill material. All BMPs shall be in place prior to
initiation of any construction activities and shall remain until construction activities are
completed. The permittee shall maintain all BMPs until construction activities are completed
and site soils are stabilized.
4. Unless determined to be not practicable or appropriate by the Corps, for activities that
result in the discharge of dredged and/or fill material into waters of the U.S., the permittee
shall clearly identify the limits of the authorized activity in the field with highly visible markers
(e.g. construction fencing, flagging, silt barriers, etc.) prior to commencement of construction
activities within waters of the U.S. The permittee shall maintain such identification properly
until construction is completed and the soils have been stabilized. The permittee is prohibited
from any activity (e.g. equipment usage or materials storage) that impacts waters of the U.S.
outside of the permit limits (as shown on the permit drawings).
5.For all temporary access and construction activities resulting in temporary fill within
waters of the U.S., the permittee shall:
a. Utilize spawning quality gravel, where appropriate as determined by the Corps after
consultation with appropriate Federal and state fish and wildlife agencies, for all temporary
fills within waters of the U.S. supporting fisheries;
b. Install a horizontal marker (e.g. fabric, certified weed free straw, etc.) to delineate
the existing bottom elevation of the waters temporarily filled during construction prior to the
placement of temporary fill in waters of the U.S.; and
c. Remove all temporary fill and restore the area to pre-project contours and
conditions within 30 days following completion of construction activities in waters of the U.S.
6. For all utility line activities:
a. The permittee shall ensure the construction of utility lines does not result in the
draining of any water of the U.S., including wetlands. This may be accomplished through the
use of clay blocks, bentonite, or other suitable material (as approved by the Corps) to seal
the trench;
b. Unless determined to be not practicable or appropriate by the Corps, during
construction of utility line trenches, the permittee shall remove and separately stockpile the
top 6 – 12 inches of topsoil. Following installation of the utility line(s), the permittee shall
replace the stockpiled topsoil on top and seed the area with native vegetation; and
c. Unless determined to be not practicable by the Corps, the permittee shall ensure
that any excess material associated with the construction of a utility line trench is disposed of
in an upland location outside of waters of the U.S.
Page 9 of 10
* Regional Condition developed jointly between Sacramento District, Los Angeles District, and/or San Francisco District.
312:2323.61:3!GFSD!QEG!)Vopggjdjbm*!230230312:!23;36;33!QN
7. The permittee is responsible for all authorized work and ensuring that all contractors and
workers are made aware of and adhere to the terms and conditions of the permit
authorization. The permittee shall ensure that a copy of the permit authorization and
associated drawings are available and visible for quick reference at the site until all
construction activities are completed.
8. The permittee shall allow Corps representatives to inspect the authorized activity and
any avoidance, preservation, and/or compensatory mitigation areas at any time deemed
necessary to determine compliance with the terms and conditions of the NWP verification.
The permittee will be notified by the Corps in advance of an inspection.
9. For all NWPs which require a PCN, the permittee shall submit the following additional
information with the compliance certificate required under General Condition 30, within 30-
days following the completion of construction activities in waters of the U.S.:
a. As-built drawings of the authorized work conducted on the project site and any on-
site and/or off-site permittee responsible compensatory mitigation. The as-builts shall include
a plan-view drawing of the location of the authorized work footprint (as shown on the permit
drawings), with an overlay of the work as constructed in the same scale as the permit
drawings, and a cross-section view drawing, where appropriate (e.g. linear transportation
activities, utility line trench activities, bank stabilization activities) of the work as constructed.
The plan-view drawing shall show all areas of ground disturbance, wetland impacts,
structures, and the boundaries of any on-site and/or off-site mitigation or avoidance areas.
Please note that any deviations from the work as authorized, which result in additional
impacts to waters of the U.S., must be coordinated with the appropriate Corps office prior to
impacts;
b. Numbered and dated post-construction color photographs of (1) the work
conducted within a representative sample of the permanently filled waters of the U.S., (2) all
of the partially filled waters of the U.S., and (3) all avoided waters of the U.S. on and
immediately adjacent to the project area. The compass angle and position of all photographs
shall be similar to the pre-construction color photographs required in Regional Condition
B(1)(c) and shall be identified on the plan-view drawing(s) required in subpart (a) of this
Regional Condition;
c. A description and photo-documentation of all BMPs installed as required by
Regional Condition C(3); and
d. For all temporary fill authorized within waters of the U.S., a description and photo-
documentation of all restored waters of the U.S., including information showing compliance
with Regional Condition C(5). For temporary fill within waters of the U.S. that have not been
restored to pre-project contours or condition, a description and photo-documentation of the
temporary fill within waters of the U.S., including information on why restoration has not been
completed.
Page 10 of 10
* Regional Condition developed jointly between Sacramento District, Los Angeles District, and/or San Francisco District.
312:2323.61:3!GFSD!QEG!)Vopggjdjbm*!230230312:!23;36;33!QN
312:2323.61:3!GFSD!QEG!)Vopggjdjbm*!230230312:!23;36;33!QN
312:2323.61:3!GFSD!QEG!)Vopggjdjbm*!230230312:!23;36;33!QN
312:2323.61:3!GFSD!QEG!)Vopggjdjbm*!230230312:!23;36;33!QN
312:2323.61:3!GFSD!QEG!)Vopggjdjbm*!230230312:!23;36;33!QN
312:2323.61:3!GFSD!QEG!)Vopggjdjbm*!230230312:!23;36;33!QN
312:2323.61:3!GFSD!QEG!)Vopggjdjbm*!230230312:!23;36;33!QN
312:2323.61:3!GFSD!QEG!)Vopggjdjbm*!230230312:!23;36;33!QN
312:2323.61:3!GFSD!QEG!)Vopggjdjbm*!230230312:!23;36;33!QN
312:2323.61:3!GFSD!QEG!)Vopggjdjbm*!230230312:!23;36;33!QN
312:2323.61:3!GFSD!QEG!)Vopggjdjbm*!230230312:!23;36;33!QN
BUCKS CREEK HYDROELECTRIC PROJECT JUNE 2019
312:2323.61:3!GFSD!QEG!)Vopggjdjbm*!230230312:!23;36;33!QN
JUNE 2019 BUCKS CREEK HYDROELECTRIC PROJECT
312:2323.61:3!GFSD!QEG!)Vopggjdjbm*!230230312:!23;36;33!QN
BUCKS CREEK HYDROELECTRIC PROJECT JUNE 2019
312:2323.61:3!GFSD!QEG!)Vopggjdjbm*!230230312:!23;36;33!QN
312:2323.61:3!GFSD!QEG!)Vopggjdjbm*!230230312:!23;36;33!QN
BUCKS CREEK HYDROELECTRIC PROJECT JUNE 2019
Rana sierrae
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JUNE 2019 BUCKS CREEK HYDROELECTRIC PROJECT
312:2323.61:3!GFSD!QEG!)Vopggjdjbm*!230230312:!23;36;33!QN
BUCKS CREEK HYDROELECTRIC PROJECT JUNE 2019
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BUCKS CREEK HYDROELECTRIC PROJECT JUNE 2019
312:2323.61:3!GFSD!QEG!)Vopggjdjbm*!230230312:!23;36;33!QN
JUNE 2019 BUCKS CREEK HYDROELECTRIC PROJECT
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BUCKS CREEK HYDROELECTRIC PROJECT JUNE 2019
e.g.
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JUNE 2019 BUCKS CREEK HYDROELECTRIC PROJECT
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BUCKS CREEK HYDROELECTRIC PROJECT JUNE 2019
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JUNE 2019 BUCKS CREEK HYDROELECTRIC PROJECT
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BUCKS CREEK HYDROELECTRIC PROJECT JUNE 2019
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JUNE 2019 BUCKS CREEK HYDROELECTRIC PROJECT
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BUCKS CREEK HYDROELECTRIC PROJECT JUNE 2019
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JUNE 2019 BUCKS CREEK HYDROELECTRIC PROJECT
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BUCKS CREEK HYDROELECTRIC PROJECT JUNE 2019
i.e.,i.e.,
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JUNE 2019 BUCKS CREEK HYDROELECTRIC PROJECT
Desmocerus californicus
dimorphusHypomesus transpaci
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BUCKS CREEK HYDROELECTRIC PROJECT JUNE 2019
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JUNE 2019 BUCKS CREEK HYDROELECTRIC PROJECT
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JUNE 2019 BUCKS CREEK HYDROELECTRIC PROJECT
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JUNE 2019 BUCKS CREEK HYDROELECTRIC PROJECT
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JUNE 2019 BUCKS CREEK HYDROELECTRIC PROJECT
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JUNE 2019 BUCKS CREEK HYDROELECTRIC PROJECT
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JUNE 2019 BUCKS CREEK HYDROELECTRIC PROJECT
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JUNE 2019 BUCKS CREEK HYDROELECTRIC PROJECT
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JUNE 2019 BUCKS CREEK HYDROELECTRIC PROJECT
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JUNE 2019 BUCKS CREEK HYDROELECTRIC PROJECT
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JUNE 2019 BUCKS CREEK HYDROELECTRIC PROJECT
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PROJECT DESCRIPTION
L OWER B UCKS D AM
U PSTREAM G EOMEMBRANE P ROJECT
P LUMAS C OUNTY, CA
FERC P ROJECT NO. 619
DSODD AM N O. 94.000
H YDRO G ENERATION D EPARTMENT A PRIL 26, 2019
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TABLE OF CONTENTS
A. BACKGROUND ..................................................................................................................... 3
1. F ACILITY D ESCRIPTION ........................................................................................................ 3
2. D IRECTIONS......................................................................................................................... 6
3. L AND U SE ............................................................................................................................ 7
4. P URPOSE AND N EED............................................................................................................. 8
5.FERC AND DSODP ROCESS................................................................................................9
6. P ROJECT S CHEDULE ............................................................................................................. 9
B.PROPOSED ACTION .......................................................................................................... 11
1. S COPE OF W ORK ................................................................................................................ 11
2.A CCESS,S TAGING,L AYDOWN AND S POILS S ITES..............................................................24
3. T RAFFIC C ONTROL............................................................................................................. 26
4. F IRE H AZARD P REVENTION ............................................................................................... 27
5. D ISPOSAL C LEANUP AND D EMOBILIZATION....................................................................... 28
6. W ORK S HIFT ...................................................................................................................... 28
C. ENVIRONMENTAL RESOURCES ................................................................................... 28
1. B IOLOGICAL R ESOURCES ................................................................................................... 28
2. C ULTURAL R ESOURCES ..................................................................................................... 34
3. E ROSION C ONTROL AND F UGITIVE D UST A BATEMENT ...................................................... 36
4. W ATER Q UALITY ............................................................................................................... 36
5. H AZARDOUS M ATERIALS ................................................................................................... 37
D. PERMITS AND APPROVALS........................................................................................... 37
1. P ERMITS............................................................................................................................. 37
2. R EVIEWS/A PPROVALS ........................................................................................................ 38
L IST OF F IGURES
F IGURE 1A: B UCKS C REEK H YDROELECTRIC P ROJECT V ICINITY M AP ............................................ 4
F IGURE 1B: B UCKS C REEK H YDROELECTRIC P ROJECT L OCATION M AP.......................................... 5
F IGURE 2: S TAGING A REA 1 ........................................................................................................... 12
F IGURE 3:S TAGING A REA 3(U PLAND D ISPOSAL S ITE).................................................................13
F IGURE 4: L OWER B UCKS D AM W ORK A REA AND A CCESS ........................................................... 14
F IGURE 5:L OWER B UCKS L AKE AND LLOB YPASS R OUTE...........................................................18
IGURE 6: F IGURE 6: P ERENNIAL S TREAM C ATCHMENT D ETAIL –P LAN V IEW ............................. 19
F
F IGURE 7: O PTIONAL S EDIMENT B ACKFILL AT L OWER B UCKS D AM –T YPICAL D ETAIL ............... 21
F IGURE 8: C ONCRETE P LINTH AND B YPASS O UTLET AT L OWER B UCKS D AM ............................... 22
F IGURE 9: R OAD C LOSURES ........................................................................................................... 25
L IST OF A TTACHMENTS
A TTACHMENT 1: P ROJECT D RAWINGS AND S PECIFICATIONS
A TTACHMENT 2: P ROJECT A REA-E XISTING C ONDITIONS P HOTOGRAPHS
A TTACHMENT 3: W ATER M ANAGEMENT P LAN
A TTACHMENT 4: B IOLOGICAL R ESOURCE A SSESSMENT R EPORTING (M ULTIPLE)
A TTACHMENT 5: C ULTURAL R ESOURCE A SSESSMENT R EPORTING
Page 2 of 39
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A. BACKGROUND
1. F ACILITY D ESCRIPTION
The Bucks Diversion Dam (also known as Lower Bucks Diversion Dam and Lower Bucks
Dam) is a part of the Bucks Creek Hydroelectric Project in the northern Sierra Nevada
Mountains in Plumas County, California (FERC ProjectNo. 619-CA). The project includes
two developments that contain four dams, four reservoirs, two powerhouses and associated
facilities. The Bucks Creek Development, completed in 1928, consists of Three Lakes, Bucks
Lake, Lower Bucks Lake, Grizzly Forebay and Bucks Powerhouse. The primary purposes of
the Bucks Creek hydroelectric project system are hydropower generation, water storage and
recreation.
Lower Bucks Dam is located in Plumas County, about 15 miles southwest of Quincy,
California (Figures 1a-1b). In addition to FERC, it is under the California Division of Safety
of Dams (DSOD) jurisdiction and is a “high hazard” dam (Dam No. 94-000). The dam is a
slender, concrete arch dam with a substantial right-abutment thrust block, and a left-abutment
thrust block that also serves as the service spillway. There are two ungated spillways, the
service spillway and the emergency spillway. The service spillway over the left abutment
1
thrust block has a 100-foot long ogee crest at elevation 5,022. The service spillway
discharges into a steep, converging concrete-lined chute approximately 100-feet long and 30-
feet wide at the terminal chute runout. The emergency spillway consists of five 20-foot-wide
overpour bays located at the center of the arch with a crest elevation of 5,029 feet.
The dam is 99-feet high and 500-feet long, including the spillways and thrust blocks. The
crest length of the arch is approximately 305 feet; the right and left abutment sections are
approximately 95- and 100-feet long, respectively, at crest level. It has a 3-foot-high parapet
wall, with the top at elevation 5,032 feet. A walkway extends the entire length of the crest
from the right abutment to the left abutment spillway. The low-level outlet (LLO) consists of
a 24-inch-diameter pipe that passes through the arch dam at elevation 4,952 feet then
transitions to a 14-inch tee and 14-inch pipe. The LLO is controlled by a manually operated
30-inch slide gate at the upstream end and a 14-inch-diameter fixed cone valve at the
downstream end.
The dam was originally constructed in 1928 by the Feather River Power Company. PG&E
acquired the project in 1936. There is access to the dam from gravel Forest Service roads on
each dam abutment. Access to the dam crest is from a steel walkway and an approximately
25-foot-high ladder on the right abutment and an approximately 10-foot-high ladder on the
left abutment from the crest of the emergency spillway. Both abutments are rocky and steep
with foot access to the base of the dam only from the right abutment. Traversing up or down
the steep left abutment service spillway chute or across the crest requires fall protection. The
power intake to Grizzly Powerhouse and the old abandoned intake are located on the left
abutment.
1
Unless otherwise stated, all elevations in this report refer to PG&E project datum. PG&E project datum can be
converted to United States Geological Survey (USGS) datum (1929 mean sea level) as follows: USGS = PG&E +
3.5 ft (5022 ft PG&E = 5025.5 ft USGS)
Page 3 of 39
39
of
4
Page
Project Vicinity Map
Geomembrane
Bucks
Lower
:
a
1
Figure
39
of
5
Page
Map
Location
: Bucks Creek Hydroelectric Project
b
1
Figure
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Operations
Bucks Powerhouse is located on the North Fork of the Feather River. Water for the
powerhouse is stored in Three Lakes, Bucks Lake, and Lower Bucks Lake. Lower Bucks
Lake, impounded by Lower Bucks Dam, serves as the forebay to Grizzly Powerhouse, owned
by the City of Santa Clara. Water is discharged from Grizzly Powerhouse to Grizzly Forebay,
which serves as the forebay to Bucks Creek Powerhouse. Lower Bucks Lake has a 5,843 acre-
feet gross capacity and 136-acre surface area at normal maximum pool level (elevation 5,022
feet).
FERC licensed requirements for LLO in-stream flow from Lower Bucks Dam to Bucks Creek
vary by season and are listed below. There are no required minimum releases from Bucks
Storage Dam (Bucks Lake) to Lower Bucks Lake. The license required minimum pool for the
reservoir is 4,966 feet.
Required
Period Streamflow Release
November 1 through April 30 4 cfs
May 1 through June 30 8 cfs
July 1 through October 31 6 cfs
2. D IRECTIONS
Lower Bucks Dam is approximately 15 miles southwest of Quincy, California and 46 miles
east of Oroville, California in western Plumas County, California. It can be accessed via Oro
Quincy Highway (CA-162) / Bucks Lake Road to Bucklin Road to Three Lakes Road (Forest
Service Road 24N24) to the north or Bucks Penstock Road (Forest Service Road 24N34) to
the south.
Staging Area 1 is located approximately 1.4 miles west of the left abutment of the Lower
Bucks Lake Dam along Bucks Penstock Road.
Staging Area 2 is located on Bucklin Road approximately 400 feet upstream of the Bucks
Storage Dam.
Staging Area 3 is on Bucks Lake Road approximately ½ mile east of the intersection with
Bucklin Dam Road.
Rodgers Flat is located on Highway 70 approximately 45 miles north of Oroville.
Please see Table 1 below for the approximate coordinates at the center of the damand the
staging areas. The locations of the staging areas are shown on Figure 1b.
Page 6 of 39
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Table 1: Absolute Location
Location Decimal Degrees UTM PLSS
Lower Bucks 39.90158889 ° / 10S SW1/4 S29, T24 R7E
Dam-121.22833333°651450.16m East NW1/4 S32, T24R7E
4418336.94m North
Staging Area 139.89870556° / 10S NW1/4 S31, T24R7E
-121.24027778° 650435.30 m
East4417996.74 m
North
Staging Area 239.89388056° / 10S NW1/4 S32, T24R7E
-121.20472222°653485.86 m
East4417521.68 m
North
Staging Area 339.86759722° / 10S NW1/4 S32, T24R7E
-121.18333333° 655373.93 m East
4414641.19 m North
Rodgers Flat 39.960700°/ 10S SW1/4 S2, T24 R6E
-121.279400° 646957.98 m East
4424812.76 m North
3. L AND U SE
Lower Bucks Dam
Lower Bucks Dam and the lake are located on US Forest Service (USFS) propertywithin
the FERC boundary. The primary project activities at Lower Bucks Damand Lower Bucks
Lake consist of dewatering the entire reservoir, removing sediment, and installing a
geomembrane at the upstream face. Parking and general construction staging are likely at
the left and right abutments and adjacent access roads. Temporary ramps for off-hauling
sediment will be installed at the left abutment in the area between the turnoff to Bucks
Penstock Road, upstream of the abandoned intake structure, and service spillway approach.
Measures for maintaining instream flows will be implemented at the dam site. The Lower
Bucks Dam site is constrained by the surroundingsteep terrain, limited access roadsand
Lower Bucks Lake. The 50-foot-wide helicopter landing zone adjacent to the Grizzly Intake
Structure at the left abutment represents one of the largest flat areas at the dam site.
Due to the limited space available at Lower Bucks Dam, the following additional work areas
in the vicinity have been proposed.
Staging Area 1
Staging Area 1 is an approximately 81,460 SF site located on USFS land, a portion of which
is currently outside the FERC boundary. PG&E is proposing to add the area outside the
current FERC boundary to the FERC Project boundary by requesting a boundary
modification from the USFS and FERC. The entire staging area is expected to be placed
within the FERC boundary ahead of final project approval. Parking, temporary staging of
materials, and temporary staging of excavated sediment from Lower Bucks Lake are
proposed at this site(see Figure 1b).This area could also serveas a helicopter landing zone.
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Staging Area 2
Staging Area 2 is located on USFS property within the FERC boundary.Parking and light
construction staging are proposed at this site (see Figure 1b).
Staging Area 3
Staging Area 3 is on PG&E-owned landbut is currently outside the FERC boundary.PG&E
proposes to add this staging location to the current FERC boundary through a boundary
modification request submitted to FERC ahead of final project approval. Permanent disposal
of sediment and temporary construction staging will be the primary uses of Staging Area 3
(see Figure 1b). This area could also serve as a helicopter landing zone.
Rodgers Flat
Rodgers Flat is an operations and maintenance yard and service center located on PG&E-
owned land (SBE 135-32-30A-1 and SBE 135-32-66A-1). Rodgers Flat is approximately 5
miles by air northwest of Bucks Lake (see Figure 1a). This facility is not located within any
existing FERC hydroelectric project boundaries. As is typical of projects in the NFFR
Canyon, the proposed repairs could make use of the existing PG&E equipment yard,
helicopter landing zone and/or laydown and staging areas at Rodgers Flat. The helicopter
will likely be staged at Rodger’s Flat and could hover overhead and lower materials to the
mooring barge or work area.
4. P URPOSE AND N EED
In a letter dated December 17, 2014, the Federal Energy Regulatory Commission (FERC)
requested that PG&E address several follow-up action items from the 2014 Dam Safety /
Operation Inspections for the Bucks Creek Hydroelectric Project (FERC Project No. 619-
CA). The letter stated that “Severe spalling and surface delamination of concrete has occurred
on the downstream abutments and downstream face of the \[Lower Bucks\] dam. The condition
should be carefully evaluated, and a repair plan developed.” Rehabilitation activities
recommended to restore dam integrity include three components:
1. Installation of a geomembrane on the upstream face of the dam
2. Spillway rehabilitation
3. Downstream facing rehabilitation and repairs
This project description only addresses the first component, installation of a geomembrane on
the upstream face of the dam. Spillway rehabilitation and downstream facing rehabilitation
and repairs will be future actions.
Installation of a geomembrane on the upstream face will mitigate through-seepage,saturation
of the downstream face, and limit further freeze-thaw damage.
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5. FERC AND DSOD P ROCESS
Bucks Diversion Dam is regulated by the California Department of Water Resources, Division
of Safety of Dams (DSOD) (No. 94-000). As such, the planned repairs require review and
approval from the DSOD.
The dam is included in FERC Project No. 619-CA (Bucks Creek Hydroelectric Project) and
thus FERC review and approvals will be required.
6. P ROJECT S CHEDULE
The installation of the geomembrane will entail three primary activities; 1) provide access
and site preparation, 2) installation of the geomembrane liner, and 3) site restoration.
In order to provide access, Lower Bucks Lake will be completely dewatered, and sediment
will be excavated and removed or relocated to support the geomembrane placementaccess.
The drawdown and dewatering of Lower Bucks Lake and sediment removal effort will be
coordinated with a multi-unit outage scheduled for May to November 2020. The
construction duration is approximately 6 months as detailed below. Drawdown of Lower
Bucks Lake is dependent on a multiple unit outage at the Grizzly and Bucks Creek
Powerhouses, which is planned to begin on May 1, 2020. If the roads are accessible,
mobilization for the geomemebrane project could occur as early as May 1. However, this
timeframe is dependent on coordination with Plumas County and the intensity of the winter.
Heavy snowfall or a late spring snowfall could delay mobilization into June.
In addition to the primary scope of work in 2020, PG&E intends to perform significant
staging area preparation in 2019, ahead of the geomembrane project. This work is expected
to take place in the late summer and early fall months of 2019. Staging area prep work will
take between 6 and 8 weeks.
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Lower Bucks Geomembrane 2020 Construction Schedule
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B. PROPOSED ACTION
1. S COPE OF W ORK
The proposed project includes installation of a geomembrane liner on the upstream face of
the dam to eliminate seepage and protect the dam from further freeze-thaw damage. The work
would include development of project staging areas and access routes as well as the lake
drawdown so the geomembrane installation occurs in the dry. Likewise, removal of sediment
at the upstream side of the dam would be required to gain access to the upstream face of the
dam down to the base. Geomembranes (liners) have been proven as a cost-effective means to
mitigate seepage and extend the service life of concrete dams. Please refer to Attachment 1
for ProjectSpecific Drawings and Specifications. Attachment 2 provides current site
condition representative photographs of the Project Area.
Staging Area Preparation (Summer 2019 Work)
Development of Staging Areas 1 and 3 will occur in 2019 to prepare the sites and facilitate
geomembrane installation planned for 2020.
Staging Area 1
Staging Area 1 is approximately 1.9 acres and located on USFS land on Bucks Penstock Road
(Figure2). PG&E is proposing inclusion of this area into the FERC boundary ahead of final
project approval. The site will be used for parking, temporary staging of materials, and
temporary staging of excavated sediment from Lower Bucks Lake.
This site appears to have been recently disturbed as all vegetation is short and the site is free
from large mature trees. The site includes two ridge lines near the center of the site. The
western half slopes down towards the southwest and the eastern side slopes down to the
northwest. Prep work at this site would include stripping all vegetation and organic matter,
followed by grading and compacting approximately 1.6 acresof the site. Woody material
consisting ofsmall diameter tree saplings and brush will either be masticated and left onsite
or cut and collected onsite, to be chipped later and broadcast onsite as a form of surface
erosion control. Supplemental tree/vegetation removal information (tree species, diameter,
location, etc.) for trees over 6-inch diameter at breast height proposed for removal on federal
land will be provided to the Plumas National Forest Staff as part of their Project Notification
submittal.
Two stabilized construction entrances, approximately 1,440 SF each, will be constructed
using filter fabric and a minimum of 12 inches of 3- to 6-inch angular rock to provide heavy
equipment access to the site. It is expected that temporary spoil piles up to 5-10 feet in
height will be placed on the site with a capacity to store up to 25,600 cubic yards of material
if entirely filled. A series of small berms from native materials will be constructed at the
southwest side of the site to contain the saturated spoil materials during placement. The
spoil piles will be terraced due to the steep slopes (see Figure 2). The spoils will be allowed
to drain before being transported to and permanently stored at Staging Area 3. BMPs will be
installed around the Staging Area 1 spoil piles as needed to direct drainage and prevent
sediment migration off site. These BMPs will be prescribed in the stormwater pollution
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prevention plan (SWPPP) and may consist of, but not limited to, silt fencing, straw ground
cover, wood chips, straw wattles, earth containment berms, water bars, etc. All rock and
BMP materials used on site will be weed free.
Figure 2: Staging Area 1
Staging Area 3 (Disposal Site)
Staging Area 3, owned by PG&E, is located on Bucks Lake Road south of Haskins Bay
(Figure 3). Staging area 3 is the largest of the staging areas (approximately 25.6 acres) and its
primary use for this project will be as a permanent spoil area for excavated soil materials
removed from the upstream face of the dam during the 2020 project. Up to 16,000 cubic yards
of spoil material will be permanently placed on the site. Two existing driveways from Bucks
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Lake Road enter the site. Approximately 10.9 acres of the site will be cleared of trees and
vegetation and used for the spoil pile, equipment and materials storage, and placement of the
Contractor’s trailer and temporary facilities. Substantial vegetation removal and earthwork
will be performed to clear the permanent disposal areas (2.9 acres). Similar to Staging Area
1, appropriate BMPs as prescribed in the SWPPPwill be implemented as needed to direct
drainage and provide erosion control measures throughout the wetter winter months. Woody
material consisting of trees and brush will either be masticated and left onsite or cut and
collected onsite, to be chipped later and broadcast onsite as a form of surface erosion control.
Some rock material may be laid down to stabilize the staging site.
As the end dump trucks unload the spoils at the site, a large track loader will be used to spread
and stack the sediments onsite. Finish grading of the permanent spoil pile will follow the
existing drainage patterns of the site. Compliance with the SWPPP BMPs will prevent
sediments from entering adjacent waterways (see Figure 3). It is anticipated that most of the
hauling to this site will occur from Staging Area 1 and will happen after a majority of the
outage work at Lower Bucks is complete. The surface of the permanently placed spoils will
be smoothed and graded to uniformly shed water and then hydroseeded.
Figure 3: Staging Area 3
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Geomembrane Installation (Summer 2020 Work)
The installation of the geomembrane will include the following activities: 1) Bucks Storage
Lake drawdown and water management, 2) bypass water system, 3)dewatering of Lower
Bucks Reservoir and cofferdam installation, 4) in-reservoir site preparation and sediment
removal, 5) installation of the geomembrane linerwith concrete plinth, 6) clean up and site
restoration, and 7) refilling of Lower Bucks Lake. The Lower Bucks Dam Work Area and
Access routes are shown in Figure 4. Figure 4 also includes the dimensions of the
disturbance and work areas described below.
Figure 4: Lower Bucks Dam Work Area and Access
Lake Drawdown and Dewatering
In order to install the geomembrane in the dry, Lower Bucks Lake will need to be drawn down
and the work area continuously dewatered. The lake drawdown will be coordinated with
operations at Bucks Lake and coincide with the planned outage of the Bucks Creek and
Grizzly Powerhouses from May through November 2020. The Grizzly Intake will be used to
bypass flows only during the early phases of drawdown. A brief summary of the lake
drawdown and dewatering process is included below. Additional details are included in the
Water Management Plan included as Attachment 3.
There are two primary sources of inflow into Lower Bucks Lake: Bucks (Storage) Lake and
the Milk Ranch Conduit, which conveys water from Three Lakes and several small drainage
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diversions. The following operational changes will occur to facilitate drawdown and eliminate
the majority of inflow into Lower Bucks Lake:
a. Drawdown of Bucks (Storage) Lake will occur to provide room for storage of the
anticipated volume of snow melt / runoff to avoid uncontrolled flows into Lower
Bucks Lake.
b. The Low Level Outlet (LLO) of Bucks (Storage) Lake will be closed during the
initial draw down of Lower Bucks Lake. (There are no instream flow requirements
from Bucks (Storage) Lake outlet to Lower Bucks Lake)
c. The LLO of Bucks (Storage) Lake will be connected to a bypass pipe to continue
to provide required instream flow release to Bucks Creekdownstream of Lower
Bucks Dam.
d. The Milk Ranch Conduit currently flows into Lower Bucks. The Milk Ranch
Conduit will be extended, or intercepted by the bypass pipe,to direct flows around
Lower Bucks Dam into Bucks Creek.
Prior to construction start, PG&E operations will begin drawdown of Lower Bucks Lake.
Initial drawdown will be done using a combination of the Grizzly Intake and the Lower Bucks
Dam LLO. Once the reservoir elevation falls below the minimum operating elevation of the
Grizzly Intake (El. 5003.5), power generation will cease. This initial drawdown should be
completed by May 1 in advance of the scheduled Grizzly generation outage from May to
November 2020. The remaining portion of the reservoir will be dewatered using a
combination of the LLO and/or pumping over the service spillway.
Water quality monitoring will occur during drawdown and pumping rates will be reduced as
needed to control turbidity into Bucks Creek. The LLO will have to be closed when the water
surface elevation is no longer able to gravity flow through the Lower Bucks Dam LLO (24-
inch pipe invert El. 4952.0) or at higher lake levels when needed to control turbidity. The
remaining small pool of water in the lowest portion of the lake adjacent to the dam will need
to be pumped out to create a dry work area. Settlement tanks and/or filtration systems will be
used during pumping to prevent excessive sediments from entering into Lower Bucks Creek
or the water can be pumped upstream of a cofferdam installed upstream of the work area to
control nuisance water (described below).
The use of a helicopter may be the only way to safely perform some portions of the
mobilization/demobilization, such as setting up/dismantling the dewatering system, including
but not limited to setting pipes, pumps, etc. in their desired locations. It is anticipated that
helicopter usage, if necessary, will be around three days during mobilization and three
additional days during demobilization. During these three-day windows, 3 or 4 ten-minute
flights per hour for 5 hours per day are anticipated with hovering of not more than 5 minutes
at the delivery/pick site. Mobilization is planned for as early as May 1, 2020, but could be
delayed into June, dependent on coordination with the County and the intensity of the winter.
Demobilization will likely occur at the end of October or first week of November. Flight path
impacts below 500 feet will occur at Staging Areas 1 and 3, the dam, and near Bucks LLO.
Likewise, flotation devices or barges may be utilized for pump set up. Details regarding the
pumping system layout, timing, and the anticipated downstream flows of the drawdown
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operations during each phase are included in the Water Management Plan (Attachment 3).If
feasible, the Department of Fish and Wildlife (CDFW)will conduct a fish rescue to
remove/relocate fish from Lower Bucks Lake during dewatering.A fish relocation plan
would be at the direction and responsibilityof CDFW.
Instream Flow Requirements/Bypass
While the project requires the drawdown and complete dewatering of Lower Bucks Lake, the
instream flow requirements downstream of Lower Bucks Dam will still need to be met.
Current flow requirements are 8 cubic feet per second (cfs) from May 1 through June 30, 6
cfs from July 1 through October 31 and 4 cfs during the remainder of the year. In order to
assist in constructability, cost, and schedule, a flow variance may be requested during
construction. Variance details are described in Attachment 3.
Instream flows will be made using gravity flows bypassed in temporary piping from Bucks
(Storage) Lake and around Lower Bucks Lake to the downstream side of the Lower Bucks
Dam. Two needle valves are located at the Bucks LLO, each capable of passing approximately
135 cfs. The bypass will require approximately 2 miles of pipe that will connect directly to
one of the needle valves at the Bucks LLO and outlet into Bucks Creek. The bypass alignment
is shown in Figure 5. The piping system will be sized to be capable of carrying flows of up to
6 cfs.
Milk Ranch Conduit outlet flows into Lower Bucks Lake at the right dam abutment. Flows
from Milk Ranch Conduit will be intercepted and rerouted around Lower Bucks Dam using
one of two methods.
1. A temporary extension would be connected to the Milk Ranch Conduit outlet, routed
over the dam, and tied intothe bypass pipe.
2. Milk Ranch Conduit would be intercepted by the bypass pipe prior to the outlet. Some
excavation above the ordinary high water mark may be required to facilitate the
connection.
Each of these options will require temporary modifications to the existing Milk Ranch
Conduit pipe.
From the Bucks LLO, the piping will be routed from the top of the existing drainage channel
at the LLO, through an existing culvert under Mill Creek Road that crosses the channel
downstream of the dam. The temporary pipe would then travel into the east end of Lower
Bucks Lake along the north bank below the ordinary high water mark (OHWM). The pipe
route will transition up the bank and continue along Three Lakes Road starting west of the
Camp Timberwolf entrance. The pipe will then roughly follow Three Lakes Road to Lower
Bucks Dam where it will diverge below the dam and discharge into the existing rock channel
downstream of the Lower Bucks spillway and LLO. The temporary bypass could elevate the
temperature of the supply water being discharged into Bucks Creek below Lower Bucks Dam.
The pipe will be placed on the existing ground. Energy dissipation will be required at the
discharge point at the bypass pipe outlet to avoid scour/turbidity in Bucks Creek. Methods
considered include a flat section of pipe with a thrust restraint. A thrust block may be placed
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above the OHWM and rock may also be placed above or below the OHWM at the bypass
outlet for dissipationas shown on Figures 4 and 8. Any ground disturbance materials would
be removed following construction. Wood stakes may be placed along the bypass pipe to
anchor it in place. These will likely be needed along the steep slopes within the reservoir, but
less likely along the roadway. Drainages and sensitive buffers for Lower Bucks tributaries
crossing the roadway will be avoided to the extent possible. Where access is limited, the use
of a helicopter or crane may be required to help mobilize materials and equipment to the
bypass route. Minimal ground disturbance is anticipated for installation of the temporary pipe.
The pipe disturbance footprint would be a maximum 20-foot width along the pipe route at the
road, and 30-feet width away from the road. Areas potentially disturbed by the bypass
footprint are included on Figure 5. Pipe alignment will be adjusted to minimize tree removal.
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: Lower Bucks Lake and LLO Bypass Route
5
Figure
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Cofferdam
A cofferdam to facilitate managing nuisance water will be placed several hundred feet
upstream of the dam as shown on Figures 4 and 5. The type of cofferdam is not yet determined
but will be a temporary and easily deployed bladder type, membrane and buttress style
“Portadam”, bulk bag and aggregate, or other non-erodible material that doesn’t require
penetration of the subsurface. The cofferdam will be designed to retain up to 10 feet of water
and sized as shown on Figure 4. A secondary cofferdam may be installed as required to collect
seepage. Installation of the cofferdam may require assistance by boats and divers. The primary
purpose of the temporary cofferdam is to capture/collect nuisance water and prevent it from
flowing into the work area at the base of the dam. Some water is still expected to accumulate
within the construction area at the dam. This water will be collected and pumped to the
upstream side of the temporary cofferdam or filtered/treated and pumped downstream. The
impounded water behind the cofferdam will then befiltered and pumped to the downstream
side of Lower Bucks Dam or utilized for other activities such as dust control or watering.
Water with remaining turbidity above acceptable limits after detention will be routed through
settling tanks or otherwise filtered prior to discharge to Bucks Creek downstream of Lower
Bucks Dam. Additional information is included in the Water Management Plan (Attachment
3).
In addition to nuisance water entering the lake upstream of the cofferdam, there are perennial
streams that contribute flows into Lower Bucks Lake downstream of the planned cofferdam.
Temporary catchments will be placed to intercept flows from each of these streams to keep
Lower Bucks Lake work area dry during drawdown and construction. Water collected in the
catchments will be piped over the spillway or routed upstream of the cofferdam to be managed
with nuisance water. A typical detail for the catchments is included as Figure 6, and
approximate locations and quantities are shown in Figure 4.
Figure 6: Perennial Stream Catchment Detail – Plan View
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Lakebed Access Routes and Staging
Lakebed access routes and work/staging areas are depicted in Figure 4. An inventory of timber
greater than 6-inch DBH was conducted for the two south shore access points on USFS land.
Timber removal will be required at the easternmost access route entry point onto the lakebed
to accommodate access. USFS trees cut will be hauled to the Big Creek Road decking area
on USFS land for public use. The USFS will be provided with detailed tree removal
information as part of its review package.
Three potential temporary access routes for the sediment removal operation are identified on
Figure 4. The number of roads, potential alignments and cut/fill quantities are unknown at this
time, as the lakebed conditions are unknown. Additional temporary roads may be constructed,
as determined by the contractor. Weed free fabric, earth fill, and base rock will be placed
along the access roads to create a stable surface and vehicle accessible slope. The estimated
footprint and total volume of cut and fill materials for the roads are shown on Figure 4. All
temporary roadway materials used to create the access roads will be removed at the end of
construction.
Sediment Removal
Current sediment depth at the upstream face of the dam is estimated to vary from 0 to 40 feet.
It is estimated that up to 12,000 cubic yards of sediment would be removed from within the
sediment excavation area shown on Figures 4 and 8. The sediment will need to be removed
for full installation of the geomembrane to the base of the dam. Initially, the spoils may be
moved and stockpiled a few hundred feet upstream of the dam to a temporary stockpile area
to minimize hauling and expedite clearing of the dam face. The temporary stockpile area
within the lakebed is shown on Figure 4. The sediments removed from the dam face would
be sampled and tested prior to transport to any offsite staging areas.
Excavated spoil materials to be permanently removed from the lakebed will behauled directly
to the permanent disposal area at Staging Area 3 (see Figure 3) or hauled to Staging Area 1
(see Figure 2) where they can be temporarily stockpiled and allowed to drain/dry and then be
hauled to Staging Area 3 for permanent disposal. Spoils that will not be permanently removed
may remain in the lakebed temporary stockpile area until reused. After completion of the
geomembrane installation, those sediments will be either hauled offsite. At PG&E’s option, a
portion of the sediments could be placed back within the sediment removal work area within
the sediment’s original footprint and below the pre-project sediment profile (Figure 7). The
temporary stockpile area outside of the 200-foot sediment removal area will be restored to
pre-project conditions.
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Figure 7: Optional Sediment Backfill at Lower Bucks Dam – Typical Detail
Concrete Plinth at Base of Dam
As an appurtenance to the geomembrane installation, a permanent concrete plinth (cast-in-
place concrete curb or footing) will be constructed at the base of the dam at the upstream face
(Figure 8). The purpose of the concrete plinth is to provide a termination for the geomembrane
at the dam-foundation contact to anchor and seal the base. The concrete plinth will be a
continuous section from two to several feet wide, depending on foundation conditions, along
the entire length of the dam-foundation contact. Depending on the conditions found during
construction, the interface between the plinth and existing foundation rock will be prepared
to mitigate future seepage through this interface.
Detailed design of the plinth will determine the size and shape of the plinth, and the final
configuration may be adjusted depending on field conditions. One possibility for the
configuration is filling the trench-like shape upstream of the dam left over from original
foundation excavation to form the concrete plinth. Another possibility is a curb-like
rectangular concrete section against the dam projecting above the foundation rock.
Foundation preparation and construction of the plinth will generally consist of the following:
1. Remove sediment at the base of the dam upstream face to expose foundation rock
2. Dewater and perform initial cleaning of the foundation rock surface upstream of the
dam-foundation contact
3. Place a strip of geomembrane against the dam face prior to plinth concrete placement
along length of dam
4. Place steel reinforcing steel dowels (rebar) into the rock with grout or epoxy, to
mechanically anchor the plinth to the foundation rock, and placement of reinforcing
steel bars (rebar) within the plinth section
5. Construct temporary formwork for the plinth as required, depending on configuration.
Avoid steps in plinth where possible to accommodate installation of geomembrane
submersible seal.
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6. Clean the inside of the forms and foundation surface, potentially with high pressure
water and air, capturing wastewater and disposing off site
7. Place the concrete plinth using cast-in-place or shotcrete methods. Means of concrete
delivery may be concrete mixer trucks and a large boom pump and/or by helicopter if
needed.
8. Remove all formwork if used
9. If required by site conditions, core regularly spaced vertical or inclined holes into
concrete plinth for contact grouting to create a seal between the plinth and substrate.
Holes will extend into foundation rock several feet, to be determined based upon site
conditions
10. Clean up and prepare substrate for anchoring the geomembrane onto the top of
concrete plinth, which could include localized grinding with handheld equipment to
result in a smooth substrate
11. All work will be performed in the dry. Epoxy, grout, concrete, sealants, and any
cementitious materials will be fully cured and inert prior to exposure to water (refilling
reservoir).
The plinth footprint is estimated at up to 3,000 square feet of cast-in-place formed concrete
along the entire length of the dam for a total volume of up to 400 cubic yards of concrete and
cementitious grout.
Figure 8: Concrete Plinth and Bypass Outlet at Lower Bucks Dam
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Geomembrane Installation
Contractor (Carpi USA) will install a drained geomembrane system from the crest of Lower
Bucks Dam to the foundation for full coverage of the upstream face (~35,000 sq. ft). The
geomembrane installation consists of the following components, all of which is attached to
existing dam face or newly constructed concrete plinth block:
1. Stainless steel battens to construct the submersible watertight perimeter seal along the
dam abutments and across the upstream dam toe, close to the foundation contact, in
the spillway area and across the top seal at crest of dam.
2. A two-part epoxy resin will be used underneath the stainless steel battens in order to
create a smooth bedding surface and ensure a watertight compression seal
3. Geonet drainage layer across the entire dam face.
4. Secondary geonet drainage layer, approximately 2-foot-wide, oriented to direct
seepage to the drains which discharge water that accumulates behind the geocomposite
membrane liner downstream through a drain hole.
5. Thick geotextile as a sacrificial layer for rough areas on the upstream face of Lower
Bucks Dam, estimated to be about 8% of the membrane area. A ~ 57 oz/yd² (2,000
g/m²) geotextile would be placed directly on the upstream face to smooth irregularities
and protect the membrane. Some concrete repairs are possible, however they will be
minimized with the use of the sacrificial layer
6. Tensioning profiles (stainless steel) installed vertically along the upstream dam face
(spaced at ~ 19-feet on-center) to hold PVC geocomposite taut in winds to 100 mph.
7. Stainless steel threaded rods with chemical epoxy anchors will be used to anchor both
the stainless steel battens and the tensioning profiles to the concrete surface
8. Sibelon CNT 4400 PVC geocomposite membrane 120 mil (3 mm) with ~ 15 oz/yd²
(500 g/m²) geotextile backing, in 2.1 meter width rolls. Carpi USA has included the
geocomposite for the entire upstream face of Lower Bucks Dam.
9. Cover strips welded over tensioning profiles to fully seal the tensioning profiles.
Sibelon C 3900 120 mil (3mm) PVC geomembrane cover strips will be welded over
each tensioning profile.
10. Three drainage plates are anticipated to be installed across the dam at low points
near the submersible seal, to pass water which can accumulate behind the liner.
11. All epoxy, grout, sealants, and any cementitious materials will be fully cured and
inert prior to exposure to water (refilling reservoir).
Most of the equipment that Carpi will use will be varying types of power hand tools including
hammer drills, grinders, impact wrenches, Sawzall, and heat seaming welders. Essentially all
the geomembrane work is done by hand tools. Other equipment that will be used includes
diesel power generators, all-terrain forklift, and the suspended swingstage components
(motor, platform, clamps). There is a possibility that Carpi may need a crane to load material
from the left abutment onto the crest. This will depend on the final upstream plan for spillway
area and the reach of the all-terrain forklift.
For accessing the upstream face, Carpi plans to stage its material on the left abutment on the
road going up the hill, downstream of the dam. This road is closed to the public. The workers
will then load the material from the road staging area to the crest of the dam. For the daily
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work, the Carpi crew will park on the road above the right abutment and access the crest by
the ladder.
Demobilization and Clean-up
Upon completion of the geomembrane installation, temporarily excavated spoils will be
returned to excavation area, subject to the controls mentioned above. All equipment, tools,
materials, road base materials, etc. not necessary for the water-up operations will be
removed from below the high-water mark and then the remaining jobsiteareas.
The bypass piping for inflow requirements will be left in place until Lower Bucks is filled to
an elevation that its own LLO can be used to meet the flow release needs. At this point, all
piping, pumps, etc. will be removed from the jobsite and Upper Bucks LLO and Milk Ranch
Conduit will be returned to normal service.
All upland staging and temporary access areas will be restored to pre-project conditions or
winterized as applicable. Staging sites will be cleared of trash, tools, equipment, etc. and
graded to plan. All BMPs will be installed per the SWPPP prior to final demobilization.
The permanent spoil pile at Staging Area 3 will be stabilized and the job site will be cleaned
up and all SWPPP BMP’s implemented. All environmental mitigation measures stipulated
by agency approvals and permits will be implemented in a timely manner. All equipment
and surplus materials will be removed from the site. Site restoration, wherever applicable,
will be restored per the SWPPP.
Lower Bucks Lake Refill
Once the geomembrane is fully installed, all temporary lakebed access routes and work areas
restored, cofferdams removed, pumping systems removed, and backfill completed, excess
spoil off-hauled, water from Bucks (Storage) Lake and Milk Ranch Conduit will be used to
refill Lower Bucks Lake. To maintain clean water flows into Bucks Creek downstream of
Lower Bucks Lake, the required minimum instream flows will continue to be provided
through the bypass pipe while the remaining flow will be redirected into Lower Bucks Lake.
Once Lower Bucks Lake is filled above the LLO and sediments have had adequate time to
settle, the bypass pipe can be removed and normal LLO operations resumed. Normal
operations for the Grizzly Intake can resume, and subsequent testing of outage-related
Powerhouse equipment can commence, once the reservoir elevations reach minimum
operating elevation (5003.5).
2. A CCESS, S TAGING,L AYDOWN AND S POILS S ITES
Access
Three temporary access gates will be installed within the project area to control traffic through
road closures (Figure 9). During construction, Bucks Penstock Road and Three Lakes Road
will be closed to the public west of Mill Creek Road. Camp Timberwolf will be granted access
along Three Lakes Road from Mill Creek Road to the camp’s respective entrance. The Latter-
Day Saints Camp will not be accessible for the duration of the construction project. The
temporary access gates will be standard 12’-16’ wide double leaf pipe gates. The temporary
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gates will each require two post holes with 12” diameter and 2’ depth. The post holes will be
backfilled with native material or possibly a low strength concrete material for easy removal.
Rodgers Flat
PG&E has a facility with helicopter access at Rodgers Flat (see Figure 1a). This could be
used as a staging area for materials to be airlifted via helicopter into the project area.
Lower Bucks Dam
Parking and general construction staging are available at the left and right abutments and
adjacent to the access roads. Aside from areas where the haul routes access the roadway,
these areas will require minimal improvements and are available for parking and laydown
areas.
Staging Area 2
Staging Area 2 is approximately 10,000 square feet located near Bucks Storage Dam Spillway
(Figure 1b). Usage will be limited to small miscellaneous and incidental short-term material
storage as well as equipment/vehicle staging. The area is used as an existing staging area for
O&M. Prep work would be limited to cleaning any standing debris piles of organic and earth
spoils left by others. Prep work could also include laying and compacting road base to repair
and stabilize the site.
Figure 9: Road Closures
Lower Bucks Access and Work Areas
The primary access to Lower Bucks will be from Bucklin Road. Three Lakes Road will be
used to install water bypass piping and to access the north shore, north abutment, and the Milk
Ranch Conduit. Daily operations will access from the southern side of the dam off of Bucklin
Road, via Bucks Penstock Road along the southern shore. Temporary ramps will be installed
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both at the south abutment near the spillway approach and at the south bank upstream of the
abandoned intake structure allowing access down into the dewatered lake bed. A helicopter
landing zone is available near the Grizzly Intake structure. These access areas are shown on
Figure 4.
Additional contractor use areas will be located adjacent to the work site at Lower Bucks Lake
near the bypass pipe outlet and will use existing open/developed areas such as the road surface
and shoulder (see Figure 4). The sitesmay require site preparation activities including
grading, rock placement and tree trimming or removalas shown on Figure 4. This area
includes placement of the downstream outlet of the temporary bypass pipe.
Three additional areas will be located along Grizzly IntakeRoad from the Bucks Penstock
Road intersection to the dam spillway (see Figure 4). Areas of temporary improvements
shown on Figure 4 may include tree removal, some grading, placement of rock and BMPs to
make the sites usable for material storage, parking, transport trucks and other heavy
equipment. Any sites used along Grizzly Intake Road will be restored to pre-project
conditions.
In order to complete the work described above, construction materials expected onsite could
include Caltrans Class 2 aggregate base rock, 2”-3” ballast rock, small rip rap, culvert pipe,
silt fence, straw waddles, etc. All such construction materials will be weed free. Construction
equipment required to perform this work could include, but is not limited to: 4,000 gallon
water truck, 3 to 4 PG&E utility work trucks, large metal tracked excavator, D8 Dozer, two
10 wheel dump trucks, PG&E backhoe, sheepsfoot roller compactor, grader, smooth drum
roller compactor, hand operated jumping jack, chain saws, wood chipper, and various other
small miscellaneous hand and power tools. All heavy equipment used on site will be cleaned
in accordance with invasive weed prevention protocols to minimize the potential spread of
invasive weeds. Fueling will be limited to areas outside of a 107-foot buffer from any
watercourse, including the lake, unless spill containment is provided.
3. T
RAFFIC C ONTROL
The planned road closures are shown on Figure 9. A complete closure of general public
access to Bucks Penstock Road will be implemented not only for the duration of the
outage, but also during the duration of hauling spoils from Staging Area 1 to Staging Area
3. This will greatly reduce conflicts between heavy equipment/truck traffic and the public
during construction work. This route can be made available to PG&E Operations and
USFS staff as needed. A gate willbe installed at the entrance Bucks Penstock Road off of
Bucklin Road to aid in closing this route during non-work hours,with multiple locks to
allow for access by other parties that have demonstrated access needs.
Three Lakes Road will also be completely closed to the general public at Mill Creek Road.
The water bypass piping may be on, or in close proximity to, Three Lakes Road. Although
the road will still be passible, the critical need for the downstream bypass flow would best
be protected from potential tampering or damage behind a locked gate. A gate will be
installed at the entrance to Three Lakes Road to aid in closing this route during non-work
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hours, with multiple locks to allow for access by other parties that have demonstrated
access needs.
Additional traffic control south on Bucklin Road is not anticipated at this time. All trucks,
equipment, etc. will be capable of following set traffic laws while traveling Bucklin Road.
4. F IRE H AZARD P REVENTION
Site preparation and construction will take place during the normal fire season. Tree
removal will be required in the project, staging and access areas as described above.
The provisions below outline the channels of responsibility for fire prevention and
suppression activities and establish an attack procedure. Project personnel will make all
reasonable efforts to prevent and suppress wildfires.
Fire Prevention Requirements
Burning – No burning will take place on this project.
Welding, air-arc gouging, oxy-acetylene cutting, and grinding of pipe, steel or rebar is
referred to as Hot Work. Hot work will be monitored at all times. Areas where hot work
is being performed will be cleaned to mineral soil, and all brush, duff and other organics
will be cleared a minimum of 10 feet away. Work pieces will be allowed to cool before
being moved and will be cooled before the site is closed each night. Extinguishers will
be maintained at all sites where hot work is being performed.
A shovel and a five-gallon supply of water will also be available. A permit is required
during the fire precautionary period.
Smoking – Smoking may only be done in vehicles, on roads, or areas cleared to mineral
soil for a diameter of at least three feet.
Vehicles and equipment can be ignition sources resulting from hot exhaust sparks,
catalytic converters, hot brakes, and vehicle fires. Equipment used on the site will be
maintained with spark arrestors as appropriate. Parking and laydown areas will be
cleared of grass or other flammable materials. Fire extinguishers will be maintained on
all vehicles. Trucks will be fueled at the headquarters and construction equipment will
be refueled by a refueling pickup truck at the site.
Required Fire Equipment
Oneshovel, one axe, and one extinguisher U.L. rated 4 BC or more on each pick up, crew
truck, and personnel vehicle
One shovel with each tractor, backhoe, or other heavy equipment.
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One shovel and one backpack five-gallon water filled pump with each welder.
One shovel and one chemical pressurized fire extinguisher (fully charged) located at a
point not greater than a distance of 25 feet from the work site, for each gasoline powered
tool, including but not restricted to chain saws, rock drills, etc. Fire extinguishers shall be
of the type and size set forth in the California Public Resources Code Sec. 4431 and the
California Administrative Code, Title 14, Sec. 1234.
Shovels shall be a type “O”, and overall length of not less than 46 inches. Axes or
Pulaski’s (Pulaski’s are recommended) shall have a 2 ½ pound or larger head, and not less
than 28 inches in overall length.
5. D
ISPOSAL C LEANUP AND D EMOBILIZATION
Details of Demobilization and Clean-up procedures are included under Scope of Work in
Section B.1.
6. W ORK S HIFT
Typical work shift will begin at 0700 and end at 1730. As this is outage related and due to
the large volume of work required, it is anticipated that this project will utilize a 7-10
schedule. If additional progress is needed, work days may be extended to 12-hour days. If
work progresses quicker than planned, the work shifts can be reduced to 4 or 5 days per
week.
C. ENVIRONMENTAL RESOURCES
1. B IOLOGICAL R ESOURCES
The potential for this project to impact biological resources was assessed through the
development of a Biological Resources Assessment (BRA) (Attachment 4a) and a
Jurisdictional Features and Impacts of PG&E’s Lower Bucks Dam Geomembrane Project
Memorandum (Attachment 4b). TheStudy Area for the project (approximately 142 acres)
includes three discontinuous areas that encompass the Diversion Dam, the adjacent portions
of the Lower Bucks Reservoir and Bucks Creek stream channel, and the surrounding
uplands that may be used for access and staging areas.
The BRA included a desktop review, wildlife habitat suitability surveys and protocol-level
floristic surveys within the Study Area. The desktop review included a search of published
2
information concerning special-status species that may occur in the Study Area. The
2
Special-status species are state and federally threatened, endangered, or candidate species, USFS sensitive, and
California Species of Special Concern (SSC), as well as plants listed as either Category 1 or 2 by the California Native
Plant Society.
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sources consulted included CDFW’s California Natural Diversity Database (CNDDB;
CDFW 2018a), the USFWS Information for Planning and Consultation (IPaC) website
(USFWS 2018a), and miscellaneous information available through the USFWS, CDFW,
and technical publications. The CNPS’s Online Inventory of Rare and Endangered Vascular
Plants of California (CNPS 2018) and the Consortium of California Herbaria (CCH; CCH
2018) provided additional information regarding the distribution and habitats of special-
status plants in the vicinity of the Study Area. Biological information from recent
relicensing studies (PG&E 2002, 2005, 2015a, 2015b, 2015c, 2015d, 2015e, 2015f, 2015g,
2015h, 2015i) was also reviewed.
Field surveys to identify biotic habitats, evaluate botanical and wildlife resources, and assess
habitat suitability for wildlife species were conducted on October 10 and 11, 2018. A
previous BRA for the initial scope of the project was conducted on October 14 to 16, 2015,
and is also incorporated into this assessment review. The 2015 and 2018 surveys were
conducted by walking the extent of the Study Area. Observations were made of soils,
current land use, nature and degree of disturbance, physical topography, site physiognomy
(characteristic species and related features of the associated plant community or vegetation,
if any), and presence or potential presence (permanent or transitional) of special-status
wildlife. Complete floristic survey were also performed on June 28 to 30, July 5 to 7, 11 to
14, and 25 to 26, and August 22 to 23, 2016 to determine the presence or absence of any
special-status plant species. The survey methods followed established plant survey
guidelines (California Department of Fish and Game \[CDFG\] 2009 and CNPS 2001), except
vegetation communities were classified using types from Preliminary Descriptions of the
Terrestrial Natural Communities of California (Holland 1986).
The habitats within the Study Area include Sierran mixed conifer forest, Sierran white fir
forest, montane chaparral, montane riparian scrub, freshwater seeps, perennial stream
channel, and reservoir. Other land uses within the Study Area include utility and recreation
facilities and roads. Descriptions of these habitats are provided in the BRA. Impacts to
jurisdictional wetland habitats include temporary impacts to 9.913acres of reservoir habitat,
1.314 acres (1,648 linear feet) of perennial stream habitat, and 0.012 acres (103 linear feet)
of ephemeral and intermittent stream habitat. There would be permanent impacts to 0.057
acres of reservoir habitat.
Nine special-status wildlife species have suitable habitat within the Study Area. Western
bumblebee (Bombus occidentalis, USFS sensitive) may nest and forage in the Study Area.
Suitable roosting and foraging habitat for various special-status bats is present in the Study
Area: pallid bat (Antrozous pallidus, a CDFW species of special concern and USFS
sensitive), Townsend’s big-eared bat (Corynorhinus townsendii, a CDFW species of special
concern and USFS sensitive), and fringed myotis (Myotis thysanodes, USFS sensitive). The
Study Area contains suitable nesting habitat for bald eagle (Haliaeetus leucocephalus, state
endangered and fully protected, and USFS sensitive), and great gray owl (Strix nebulosa,
state endangered and USFS sensitive). The helicopter flight path may cross areas inhabited
by California spotted owl (Strix occidentalis occidentalis, CDFW species of special concern
and USFS sensitive) and northern goshawk (Accipiter gentilis, CDFW species of special
concern and USFS sensitive). Finally, the majority of the Study Area falls within
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designated critical habitat for Sierra Nevada yellow-legged frog (Rana sierra, SNYLF), state
and federally listed as threatened, and a USFS sensitive species. One special status plant
was observed in the Study Area during the floristic survey: Mildred’s clarkia (Clarkia
mildrediae subsp. mildrediae, California Rare Plant Rank \[CRPR\] 1B.3 and USFS
sensitive).
With the implementation of the AMMs described below, significant impacts to these species
and the local environment are not anticipated. Any effects would be limited to disturbance
of individuals and would not affect the overall population of any of these species. For the
federally listed SNYLF, a separate biological assessment has been filed with the USFWS
(Attachment 4c). This assessment concluded that the activities described in this project
description (the Proposed Action in the BA) may affect, but is not likely to adversely affect,
SNYLF or to adversely modify its critical habitat.
Avoidance and Minimization Measures
General Construction Measures
1. All project personnel will attend a preconstruction environmental training to review
potential special-status wildlife and plant species that could be found in project work
areas and AMMs for the project that will be implemented.
2. Work areas, staging areas, and access roads will be limited to those shown in the final
project description (PG&E 2019c or final document). These areas will be clearly
designated in the field prior to the start of construction activities. All heavy
equipment, vehicles, and construction activities will be confined to these designated
areas.
3. All trash generated by construction or crew activities will be properly contained and
removed from project work areas. All food waste will be removed daily.
4. All project personnel will visually check for animals beneath vehicles and equipment
immediately prior to operation.
5. Any pipes, culverts, or other open-ended materials and equipment stored onsite for
one or more overnight periods will be inspected for animals prior to moving, burying,
or capping to assure that no animals are present within the materials and equipment.
6. To prevent accidental entrapment of wildlife during construction, all excavated holes,
ditches, or trenches greater than 1 foot deep will be covered at the end of each work
day by suitable materials or escape routes will be constructed. After opening and
before filling, such holes, ditches, and trenches will be thoroughly inspected for
trapped animals.
7. If a special-status species is discovered in project work areas, the PG&E Project
Biologist (currently Larry Wise, 925-415-6353, lmwo@pge.com) will be contacted to
determine next steps. Any special-status animal will be allowed to move off site on its
own. Special-status species will not be taken or harassed.
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8. A copy of all applicable permits and approvals, with associated maps, conditions, and
AMMs, will be kept onsite at all times.
Measures for Amphibians and Fish
9. Project activities in the lakebed will be limited to the areas in the project description
(PG&E 2019c) and will occur after the Reservoir is dewatered.
10. A preconstruction survey to confirm the absence of SNYLF will be conducted prior
to disturbance in all areas within designated critical habitat and providing suitable
habitat elements to support any lifestage of this species.
11. Prior to the onset of work at Staging Area 3, the western edge of the work area, out to
300 ft from the stream margin will be surveyed to determine if SNYLF are present. If
they are present, the Project Biologist will contact the USFWS to determine
appropriate next steps to avoid impacts. If they are not present, a silt fence will be
installed between the creek and the work area to prevent SNYLF from moving into
the work area. The bottom edge of the silt fence will be buried to prevent SNYLF
from passing under the fence.
12. In the event a SNYLF is encountered onsite, project work activities will cease until
the animal has left the location on its own. The PG&E Project Biologist will be
contacted as soon as possible to determine appropriate next steps.
13. As specified in the dewatering plan, water that appears turbid will be filtered or
allowed to settle in holding tanks before being released downstream of project work
areas into Bucks Creek.
14. PG&E will coordinate with CDFW regarding a fish restocking plan.
Measures for Nesting Birds
15. As work will be conducted during the nesting bird season (February 15 to August 31),
within two weeks prior to starting work a qualified biologist will perform a nesting
bird survey. If active nests are found, the PG&E Project Biologist will determine
appropriate avoidance buffers and provide a map of nest locations and avoidance
buffer areas prior to work. The Project Biologist will communicate the avoidance
buffers to the construction foreman and helicopter pilot. In addition to avoiding
construction activities within buffers, helicopters will avoid the buffer distance both
horizontally and vertically. Biological monitoring may be needed, as determined by
the biologist, depending on the results of the survey. Contact the PG&E Project
Biologist (Larry Wise, 925-415-6353, lmwo@pge.com) at least two weeks prior to
work to arrange this survey.
16. Helicopter flight paths between work areas will maintain a 1,000-foot vertical
distance above forested areas, as safe to do so, to avoid potentially impacting
California spotted owl, northern goshawk, or bald eagles. The PG&E Project
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Biologist will communicate the avoidance buffers to the construction foreman and
helicopter pilot.
Measures for Special-status Plants
17. Prior to starting work, a qualified biologist will flag known occurrences of special-
status plant species (Mildred’s clarkia) for avoidance. As feasible to safely conduct
work, flagged special-status plants will be avoided during work activities.
Wetland and Water Feature Measures
18. Equipment and vehicles will only enter upland areas, or areas within the lakebed that
are dry (either by dropping the lake level intentionally, or naturally in the late
summer/fall). No vehicles or equipment will enter wetted portions of Lower Bucks
Reservoir.
19. Erosion and sediment control best management practices (BMPs) will be installed (as
appropriate and described in the storm water pollution prevention plan \[SWPPP\])
along work area boundaries prior to initiating activity and will be maintained through
the duration of project activities.
20. Erosion and sediment control materials (e.g., hay bales, straw wattles, erosion
blankets, etc.) use for the Project will not include micro-filament netting to avoid
entrapment of wildlife.
21. Extreme caution will be exercised when handling and or storing chemicals (fuel,
hydraulic fluid, etc.) near waterways; all applicable laws/regulations and BMPs will
be abided by. Keep spill kits onsite and clean up and report all hazardous spills
immediately.
22. Vehicles operating adjacent to wetlands and waterwaysor within the reservoir bed
will be inspected and maintained daily to prevent leaks.
23. A designated area will be set up within the reservoir footprint to provide for the
fueling and storage of equipment when not in use. This area will provide an
impermeable layer to contain any spills of toxic chemicals (oil, fuel, hydraulic fluid,
etc.) that may come from equipment used in the reservoir. A spill cleanup kit will be
kept within this area at all times. All fueling of equipment used in the reservoir
bottom will be performed in this area (maintenance would be done off site). All of
the equipment used in the reservoir will be stored in this area when not in useor will
be moved into an upland area.
24. Except within above-mentioned area, no vehicles or equipment will be refueled or
stored overnight within 100 feet of wetlands, streams, or other waterways.
25. Decontaminate Gear and Tools - The coffer dam, pumps and associated piping
materials, seines and nets will all arrive on site already decontaminated. Wheels and
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or skids of large digging equipment (i.e. backhoes, excavators, bobcats) will be power
washed and free of any soil before arriving on site.
26. Any stationary equipment containing lubricating oils and fuel (e.g., portable
compressor, hydraulic pump, cranes, and generator) will be placed within secondary
containment in upland areas above the ordinary high-water mark (OHWM) whenever
feasible. Where this is not feasible, stationary equipment and the secondary
containment may be placed in areas that are dry, but will not be left overnight,
weekends, or other times when construction personnel are not present.
27. Excavated spoils will be temporarily stockpiled within the reservoir bed, and then
trucked off-site to a suitable upland disposal area as described in the project
description. Laydown areas shall be protected with appropriate measures to prevent
runoff of sediments to adjacent waterways.
28. Once all lakebed/bank stabilization and clean-up work has been completed, the
affected work areas will be recontoured to as close to their original state as
practicable. Newly denuded or exposed soils will be stabilized using BMPs. The
SWPPP and/or restoration plan will be followed as applicable.
Noxious Weed Prevention Measures
29. In order to prevent noxious weeds from being spread and/or introduced, the following
measures will be implemented:
a. Equipment will be washed and visually inspected prior to transport to the
construction area so that they are clean of dirt, mud, seeds or other plant
material. Equipment will be considered clean if a visual inspection reveals no
soil, seed, or plant material on the equipment (disassembly of equipment not
required).
b. Any straw erosion and sediment control materials will be composed of
certified weed free material as much as practicable. Contact the PG&E
Biologist (Shannon Johnson, 925-415-2657,Shannon.johnson@pge.com) for
assistance.
c. Keep gravel and soil spoil piles free of invasive weeds; use areas that are
known to be weed free for staging and laydown areas.
d. Minimize soil disturbance to the extent possible.
e. Drive and park on established roads as much as possible.
f. All heavy equipment, vehicles, and construction activities will be confined to
existing access roads, road shoulders, and disturbed or designated areas to the
extent practicable.
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g. Any seed used for post-construction restoration will include California native
species. Contact the PG&E Biologist (Shannon Johnson, 925-415-
2657,Shannon.johnson@pge.com) for assistance.
h. Known occurrences of weeds in the project area and staging areas will be
flagged for avoidance or removed.
2. C ULTURAL R ESOURCES
The Lower Bucks Dam was constructed in 1928 by the Feather River Power Company and
acquired by PG&E in 1936. Due to its age, it is considered a historic era resource. It was
determined eligible for listing to the National Register of Historic Places as part of the
Bucks Creek-Grizzly Hydroelectric FERC (#0619) Relicensing Project as a contributor to
the Bucks Creek Hydroelectric Historic District. The proposed project will require FERC
approval and thus it is considered a federal undertaking.
Further, the Project is a federal “undertaking” as defined in 36 Code of Federal Regulations
§800.16(y) with the potential to effect historic properties (36 CFR §800.3(a)). As a result,
the investigation must comply with Section 106 of the National Historic Preservation Act
(NHPA) of 1966, as amended, to consider the effect of the undertaking on any sites,
buildings, structures, or objects that are included in or may be eligible for inclusion in the
National Register of Historic Places (National Register). Further, in support of the Project,
PG&E is applying for a Nationwide Permit 3, with the USACOE, in accordance with the
requirements of §404 of the Clean Water Act, and USACOE is taking the federal lead for
consultation with the California Office of Historic Preservation.
Garcia and Associates, contracted through PG&E, is preparing cultural resources technical
studies to meet the USACOE, PG&E and FERC Section 106 of the NHPA requirements. A
cultural resources inventory and evaluation report will identify historic properties, including
prehistoric and historic-era archaeological and architectural resources more than 45 years of
age, per 36 Code of Federal Regulations §800.4. The report will present identification
efforts within the Area of Potential Effects (APE) that include the results of records searches
with MapGuide and the Plumas National Forest, interested parties consultation, Native
American Heritage Commission consultation, Native American consultation, field survey,
and resource evaluations. A finding of effects report will assess the Project’s potential to
affect historic properties. Project Cultural Resource Reporting is Attachment 5 to this
Project Description; the report is in progress and expected complete by late June 2019.
There are known built environment and archaeological resources within the APE for the
Project including: built environment resource’s 05-11-54-0028 (former tramway) and 05-
11-56-860 (Bucks Creek Hydroelectric System Historic District) and archaeological
resource 05-11-56-859 (historic-period recreational camping). The Project will evaluate 05-
11-54-0028 and 05-11-56-859 for inclusion in the National Register, we’re assuming both
resources are not eligible for inclusion in the National Register. The Projects potential to
effect 05-11-56-860 will be assessed in a finding of effects report that will likely
recommend Environmentally Sensitive Area (ESA) Fencing and archaeological monitoring
as mitigation measures. Additionally, further research and or field observations will used to
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determine the appropriate level of cultural resources project monitoring. The table below
provides a known resource summary.
Resource Name Resource Evaluation Probable Mitigation
Number
Former Tramway 05-11-54-0028 Will EvaluateNone
Historic-Period 05-11-56-859 Will EvaluateNone
Recreational
Camping
Bucks Creek 05-11-56-860 National ESA Fencing and Archaeological
Hydroelectric System Register-Monitoring
Historic District Eligible
The completion of Section 106 of the NHPA will be coordinated with USACE as they
will be consulting with the California Office of Historic Preservation, which must concur
with our recommendations of eligibility and potential to effect.
Unanticipated Discovery Protocol
If cultural resources are encountered during any project ground disturbance, excavation
work, equipment activities, vegetation management or road work repair activities related
to the project all work shall stop within the vicinity of the discovery and the PG&E
Cultural Resource Specialist (CRS) should be contacted immediately. If any discoveries
are made on agencyproperty PG&E will notify the agency within 48 hours. PG&E will
consult with the agencyto determine the proper course of action and as appropriate. In
addition, the California NAHCand identified Tribes and or Tribal Representatives will
also be contacted, as appropriate. ThePG&E CRS will communicate and consult with
Tribal entities, as appropriate and as required by the Bucks Creek (FERC Project No.
0619) Historic Properties Management Plan (HPMP) and as part of Section 106. It is
recommended that no work in the vicinity of the discoveryproceed until the PG&E CRS
can work out next steps, including avoidance and or the NRHP evaluation of the
identified resource. If necessary, PG&E will also consult with the California SHPO
regarding any potential effects to historic properties.
Archaeological and historic-period resources in the region may include:
Archaeological materials: flaked stone tools (projectile point, biface, scrapper, etc.)
and debitage (flakes) made of chert, obsidian, etc., groundstone milling tools and
fragments (mortar, pestle, handstone, millingstone, etc.), faunal bones, fire-affected
rock, dark middens, housepit depressions and human internments.
Historic-era resources: may include but are not limited to, small cemeteries or burial
plots, cut (square) nails, containers, or miscellaneous hardware, glass fragments, cans
with soldered seams or tops, ceramic or stoneware objects or fragments, milled or
split lumber, earthworks feature or structure remains and trash dumps.
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3. E ROSION C ONTROL AND F UGITIVE D UST A BATEMENT
With the land disturbance activities being > 1 acre, the Project will obtain coverage under
the General Permit for Discharges of Storm Water Associated with Construction Activity
Construction General Permit Order 2009-0009-DWQ. The development of a Storm Water
Pollution Prevention Plan (SWPPP) by a certified Qualified SWPPP Developer (QSD) will
be executed. The SWPPP will outline qualified Best Management Practices (BMPs) to
implement and where.
Vehicle traffic and excavation activities have the potential to generate fugitive dust. Due to
the remote location and restricted access, it is unlikely that a quantity of dust sufficient to
create a public nuisance would be generated. Still, measures to limit fugitive dust will be
implemented during the project when required. Vehicle speeds will be limited to 15 mph
when travelling on unpaved roads. A water truck will be available to control dust on roads
and in the laydown areas. In addition, this truck will be equipped to provide a focused
knockdown spray during excavation activities if excessive dust is created.
4. W ATER Q UALITY
Project related activities are likely to affect in-stream surface water quality as the
reservoir is drained and dredged. Based on the work scope, the key water quality
parameter of concern is turbidity. If turbidity is found to exceed acceptable bounds, as
indicated in the 401 Certification, project related activities will be stopped until water
quality is restored.
There will be one monitoring station located upstream of Bucks Reservoir which will
provide baseline information. A second compliance station will be located downstream of
the pipe that will used to convey flow from Bucks (Storage) Lake to the downstream side
of Lower Bucks Dam. The location of the stations will be determined by accessibility,
safety and suitability to meet overall monitoring objectives.
PG&E will install an automated sensor system to monitor turbidity at 15-minute intervals
at the baseline and compliance stations. The work area will be visually monitored during
in-water activity, and periodic checks will be made to the data being collected at the
compliance stations.
Turbidity data will be processed to determine the 24-hour daily average value to ensure
turbidity compliance. As a BMP, if the 24-hour average of turbidity is above the level
of compliance then in-water work will be temporally stopped until turbidities reach a
level of compliance. Work will also be stopped in the case of visible plumes of either
turbidity or petroleum products immediately outside the perimeter of the turbidity
curtain. Unanticipated modifications to monitoring procedures or analysis methods will
be documented and reported.
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5. H AZARDOUS M ATERIALS
All hazardous material will be managed and stored under the direction of the ENVR 3000P-
01 Procedure. All materials will have legible labels, stored in appropriate containers and
stored in secured/contained areas. Safety Data Sheets (SDS) or Material Safety Data Sheets
(MSDS) will be available at the job site upon request. Quantities of hazardous materials will
be below thresholds (55 gallons/500 pounds/200 cubic feet) quantities for less than 30 days.
No bulk fuel storage tanks will be placed on site. Trucks and equipment will be refueled
from non-bulk, truck-mounted fuel tanks. All refueling operations will be attended by
trained personnel and be conducted in accordance with applicable BMPs and PG&E policies.
Prior to operation, all equipment will be inspected for fluid leaks and for signs of worn or
damaged parts that may result in a release.
All hazardous waste products will be placed in the proper containers and transported from the
job site to an authorized Hazardous Waste Collection Site under the direction of PG&E’s
remote hazardous waste consolidation requirements (ENV-4000P-03).
Small engine powered equipment will be provided with secondary containment. Whenever
possible, vehicles and equipment with engines supplying motive power will be parked in
designated areas located 200-feet or more from water. Drip pans or other containment
measures will be placed under vehicles and equipment when not in use while located within
200-feet of water.
In accordance with PG&E policy, all hazardous substance releases to the environment are
reported internally. A spill kit will be maintained on site to ensure prompt containment in the
unlikely event of a release to the environment. All media impacted by a spill will be cleaned
up and disposed off-site in accordance with all applicable regulations.
D. PERMITS AND APPROVALS
1.P ERMITS
ThePG&E Land Planner has reviewed the proposed activity (project) and confirms that
discretionary permits or authorization from resource agencies may be applicable or are not
applicable for the following reasons:
1.Project activity and impacts are located within the jurisdictional boundary (Waters) of
the U.S. and will result in filling of Waters; U. S. Army Corps of Engineers (USACOE)
and Regional Water Quality Control Board (RWQCB) permits (under Clean Water Act
Sections 404 and 401, respectively) are required.
a. The USACOE is proposed as the Project federal lead agency and will be
responsible for USFWS ESA Section 7 and NHPA Section 106 consultations as
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appropriate. FERC is expected to be accepting of federal consultations and
determination made by/under theUSACOE.
b. The Central Valley RWQCB is proposed as the California Environmental
Quality Act (CEQA) Lead Agency. The project is expected to qualify for a Class
1 Categorical Exemption (CE) under CEQA, because it involves the “operation,
repair, maintenance, permitting, leasing, licensing, or minor alteration of existing
public or private structures, facilities, mechanical equipment, or topographical
features, involving negligible or no expansion of use beyond that existing at the
time of the lead agency's determination,” and no impacts to historical resources,
hazardous waste sites, or scenic highways, and no significant effects or
cumulative impacts are expected.
2. Project activities will entail ground disturbance of over 1 acre in area, therefore a
National Pollution Discharge Elimination System (NPDES) Construction StormWater
permit is required from the State Water Board (under CWA 402). The project will
prepare a SWPPP and file the NOI prior to beginning work activities.
3. PG&E hydroelectric facilities, assets, and activities that are within FERC boundaries
and subject to FERC licensing and regulatory requirements, are not subject to state or
local law (Federal Power Act preemption).
a. Therefore,the proposed project is preempted from California Fish and Game
Code 1602 and a Lake and Streambed Alteration Agreement is not required from
the California Department of Fish and Wildlife.
b. The project is preempted from state Porter-Cologne Water Quality Control Act
regulations managed by the Regional Water Board.
c. Plumas County jurisdiction is also preempted; no permit is required/requested
from the County. In addition, Plumas County has waived its jurisdiction in the
past for hydro power projects taking place on Utility-owned lands or federally
owned lands (2010 CBC defines County authority over Nonstate-regulated
buildings, structures and applications. California Government code Section
53091 exempts public utilities from local building and planning ordinances and
Federal law exempts federal projects and properties from local building and
planning ordinances unless voluntary request inclusion in the permit process).
2. R EVIEWS/A PPROVALS
As discussed in Section A.5 of the Project Description, the proposed project is expected to
require review and approval from the DSOD and FERC. This project will require a DSOD
Dam alteration application, which would also include a filing fee. The regulations require
that PG&E allow at least 60 days for FERC approval. However, it is prudent to allow 90 to
120 days for FERC approval whenever possible.
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License Article 13 requires, in part, that PG&E maintain a minimum instream flow in Bucks
Creek below the Lower Bucks Dam. Minimum streamflow’s are:
(1) Minimum streamflows from Lower Bucks Lake to Bucks Creek:
Period Flow, in cubic feet per
second (cfs)
November 1 through April 304 cfs
May 1 through June 30*8 cfs
July 1 through October 31 6 cfs
License Article 13 also requires PG&E maintain a minimum water elevation for all lakes.
The minimum elevation for Lower Bucks Lake is 4,966 feet.
PG&E will pursue a temporary flow variance for the months of May and June of 6 cfs. In
addition to the flow variance, PG&E requests the 24-hour average of the flow (mean daily
flow) be used for minimum stream flow measurement and reporting for May 1 through
November 1, 2020. PG&E will also request a variance to the minimum elevation for Lower
Bucks Lake, the lake will be completely dewatered between May 1 to November 1 of 2020.
Prior to filing with FERC, PG&E will coordinate and receive concurrence from the USFS,
USFWSand CDFW.
Staging Area 3 and a portion of Staging Area 1 is located outside of the current FERC
boundary. PG&E will coordinate a FERC Exhibit update to capture Staging Areas 1 and 3
wholly within the FERC Boundary. The Exhibit update will be routed for review and
concurrence through the Plumas National Forest before finalizing with FERC. The inclusion
of these two staging areas into the FERC Boundary is expected to be finalized with FERC
by the time project activities commence.
The United States Forest Service- Plumas National Forest (PNF) will be provide with the
Project Description for review and concurrence.PNF will be allotted 60 days for their
review once they receive all pertinent Project information.
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PHOTO 1. STAGING AREA 1, LOOKING EAST DOWN BUCKS PENTSOCK RD.
PHOTO 2. STAGING AREA 1,LOOKING SOUTH FROM ROAD.
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PHOTO 3. STAGING AREA 2,ADJACENT BUCKS LAKE(STORAGE) DAM
PHOTO 4. STAGING AREA 3, LOOKING SOUTH OF BUCKS LAKE RD
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PHOTO 5. STAGING AREA 3, VIEW EAST INTOPROPERTY
PHOTO 6. OVERVIEW OF LOWER BUCKS DAM FROM SOUTH SHORE
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PHOTO 7. CLOSE UP VIEW OF DAM FROM LEFTABUTMENT
PHOTO 8. VIEW(TYPICAL)OF SOUTH SHORELINE WHERE LAKEBED ACCESSWILL OCCUR
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PHOTO 9. DOWNSTREAMVIEW OF DAM/SPILLWAY AND LLO/BYPASS PIPELINE DISCHARGE POINT TO BUCKS CK
PHOTO 10. VIEW EAST(UP RESERVOIR) FROMDAM SPILLWAY
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PHOTO 11. VIEW OF STREAM CHANNEL BELOWBUCKS LAKE DAM LLO(BYPASS PIPELINE ALIGNMENT)
PHOTO 12. VIEW OF LLO RELEASE VALVES
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(2020 Outage Bucks/Grizzly:May 1, 2020 – October 31, 2020)
Site Description
Scope of Work
Њ
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FERC Flow Variances to Mandatory Instream Flow Requirements
o
o
o
o
o
o
Water Management Overview
Operational drawdown and water management of Bucks Storage
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Drawdown of Lower Bucks Lake
Drawdown of Lower Bucks LakePhase 1
Drawdown of Lower Bucks LakePhase 2
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Drawdown of Lower Bucks LakePhase 3
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Drawdown of Lower Bucks LakePhase 4
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Drawdown of Lower Bucks LakePhase 5
Facilitate CDFW fish rescue (optional)
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Bypass water system
Handling of nuisance water within Lower Bucks Lake
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Filling of Lower Bucks Lake
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ЋЉ
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James S. Nelson, M.A., RPA Mailing Address
Pacific Gas and
350 Salem Street
Senior Cultural Resource
Electric Company
Chico, CA 95828-5331
Specialist, Environmental
Cell: (530) 228-3152
Management–Generation
Office: (707)445-5516
Email: JSN8@pge.com
August 21, 2019
Julianne Polanco
Office of Historic Preservation
1725 23rd Street, Suite 100
Sacramento, CA 95816
Attention: Brendon Greenaway
Re: Initial Consultation - Section 106 Compliance, National Historic Preservation Act Lower
Bucks Lake Dam Carpi-liner Project, Plumas County, California (FERC No. 619).
Dear Ms. Polanco:
Pacific Gas and Electric Company (PG&E), under the authority of the Federal Energy Regulatory
1
Commission (FERC),is initiating consultation with the State Historic Preservation Officer (SHPO)
regarding the above-referenced project (FERC No. 619, PG&E Order No. 74008301).
This project constitutes an undertaking pursuant to 36 Code of Federal Regulations Section (CFR
§) 800.16(y) because a FERC approval is required. The United States Army Corps of Engineers is
processing the project under a non-reporting regional nationwide permit for maintenance.
Specifically, we are consulting with you regarding the following: (1) requesting your agreement
regarding the appropriateness of the defined Area of Potential Effects (APE) for both archaeology
and built environment with consideration that the APE areas may change if additional cultural
resources are identified; (2) your approval on the adequacy of our identification efforts within
the areas we were able to access; (3) concurrence with our determination that one historic-
period archaeological resource (05-11-56-00859) is not eligible for inclusion in the National
Register of Historic Places; (4) concurrence with our determination that the Bucks Lake Narrow
Gauge Railroad (05-11-54-00028/05-11-54-00790 \[P-32-002826\]) is assumed eligible for
purposes of this undertaking only; (5) concurrence with our delineation of Environmentally
Sensitive Area (ESA) fencing proposed to avoid known archaeological resources; and (6) your
concurrence with our determination that a Programmatic Agreement will need to be executed
for this project to phase the Section 106 process pursuant to 36 CFR §800.49(b)(2) and 36 CFR
§800.4(a)(3).
Enclosed, you will find the following materials in support of our present consultation effort:
Attachment 1: FERC’s designation of PG&E as the non-federal representative for
1
Designation of PG&E as the non-federal representative for consultation under the Endangered Species Act and the National
Historic Preservation Act; August 14, 2019.
1
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consultation under the Endangered Species Act and the National Historic Preservation
Act; August 14, 2019.
Attachment 2: Jordan, Nichole et al. 2019. Cultural Resources Inventory,
Evaluation, and Environmentally Sensitive Area Action Plan for the Lower
Bucks Lake Dam Carpi-liner Project Plumas County, California. Prepared by
Garcia and Associates at the request of Pacific Gas and Electric Company.
Project Description
PG&E proposes to drain Lower Bucks Reservoir, dredge behind Lower Bucks Dam, and install a
liner on the base and face of the dam.
Identification Efforts
The project APE is depicted in Attachment 2. The maximum extent of ground disturbance or Area
of Direct Impact (ADI) was delineated because the project has the potential to affect historic
properties. The Archaeological APE includes the ADI and the extent of archaeological resources
that are within 25 feet of the ADI. The Built Environment APE includes the Archaeological APE
and the extent of built environment resources that the project has the potential to affect.
Garcia and Associates (GANDA), contracted through PG&E, and InContext, contracted through
GANDA and PG&E, have prepared a report (Attachment 2) that identifies historic properties,
including prehistoric and historic-period archaeological and architectural resources more than 45
years of age, per 36 CFR §800.4, within accessible portions of the ADI. A portion of the ADI was
not accessible during this effort because it is submerged beneath Lower Bucks Lake. The
submerged portion of the ADI is also sensitive for encountering cultural resources, some of
which, the project would not be able to avoid, if encountered. We cannot fully determine how
the “undertaking” may affect historic properties or the location of historic properties and their
significance and character because a cultural resources inventory cannot be completed within an
area of the ADI that is sensitive for resources. Therefore, a Programmatic Agreement (PA) will
need to be prepared to detail a phased approach to Section 106 on the project.
The report (Attachment 2) presents identification efforts within the ADI that include the results
of records searches with the PG&E Confidential Cultural Resources Database, which is an
authoritative source of records on-file at the Northeast Information Center,and the Plumas
National Forest, interested parties’ consultation, Native American Heritage Commission
consultation, Native American consultation (contacted on August 13, 2019 \[by mail\], and August
19, 2019 \[by phone\]), partial field survey of the ADI, resource identification, evaluations, and
recommended ESA fencing locations. No new resources were identified.
Results of Identification Efforts
Built Environment
The Bucks Creek Hydroelectric System Historic District, 05-11-56-01004 (District), is within portions
of the ADI and the entirety of the District is within the Built Environment APE. PG&E, delegated with
Section 106 authority by FERC, determined that this District is eligible for listing in the National
Register. On June 9, 2016, your office concurred with this determination. The District is considered a
2
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historic property, as defined in 36 CFR §800.16. The District consists of eight elements that
contribute to its significance. Portions of four of these elements are located within the project’s Built
Environment APE and portions of the ADI: Milk Ranch Conduit, Bucks Lake Dam, Lower Bucks Lake
Dam, and Tunnel No. 2.
The Bucks Lake Narrow Gauge Railroad (05-11-54-00028/05-11-54-00790 \[P-32-002826\]) is an
unevaluated resource related to the District in the Built Environment APE and portions of the ADI.
This resource is assumed eligible for the purpose of this undertaking only.
Archaeological and Native American Coordination
Cultural resource sensitivity is high within the inaccessible Lower Bucks Lake lakebed due to the
potential to encounter archaeology and built environment resources related to Bucks Ranch, the
District, and prehistoric archaeological resources. Known resources located within the
Archaeological APE will be protected from potential effects with installation ESA fencing. Native
Americans had no concerns with the project.
With the preceding considerations in mind, PG&E requests both an expedited review
pursuant to 36 CFR §800.3(g) and either your comments or concurrence on the following:
1.The appropriateness of the archaeological and architectural APEs for the undertaking
(pursuant to 36 CFR §800.4\[a\]\[1\]).
2.The adequacy of historic property identification efforts (pursuant to 36 CFR §800.4\[b\]).
3.The determination that one historic-period archaeological resource (05-11-56-00859) is
not eligible for inclusion in the National Register of Historic Places (pursuant to 36 CFR
§800.4\[c\]).
4.Concurrence with our determination that the Bucks Lake Narrow Gauge Railroad (05-11-54-
00028/05-11-54-00790 \[P-32-002826\])is assumed eligible for purposes of this undertaking
only.
5.Concurrence with our delineation of ESA fencing proposed to avoid known
archaeological resources.
6.The determination that a PAwill need to be executed on this project to phase the
Section 106 process pursuant to 36 CFR §800.49(b)(2) and 36 CFR §800.4(a)(3).
I look forward to receiving your response as soon as possible upon your receipt of this
submittal. PG&E respectfully requests a 30-day review. If you have any questions, please feel
free to contact me. Thank you for your time in considering this project.
Best Regards,
James S. Nelson
Senior Cultural Resources Specialist
3
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Attachment 1:
FERC’s designation of PG&E as the non-federal representative for consultation under the
Endangered Species Act and the National Historic Preservation Act, August 14, 2019.
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Attachment 2:
Jordan, Nichole et al. 2019. Cultural Resources Inventory, Evaluation, and
Environmentally Sensitive Area Action Plan for the Lower Bucks Lake Dam
Carpi-liner Project Plumas County, California. Prepared by Garcia and
Associates at the request of Pacific Gas and Electric Company.
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