20110901PAC to Staff Attach 192-1.pdf

APPENDIXC
Interim Conservation Plan (ICP)Interim Measures2
Interim Measure 2:California Klamath Restoration Fund I Coho Enhancement Fund
PacifiCorp shall establish a fund to be administered in consultation with the California
Department of Fish and Game (after providing notice and opportunity for comment to the State
Water Resources Control Board and North Coast Regional Water Quality Control Board)and
NMFS to fund actions within the Klamath Basin designed to enhance the survival and recovery
of coho salmon,including,but not limited to,habitat restoration and acquisition.PacifiCorp has
provided $510,000 to this fund in 2009 and shall continue to provide this amount of funding
annually by January 31 of each subsequent year in which this funding obligation remains in
effect.Subject to Section 6.1.1,this funding obligation shall remain in effect until the time of
decommissioning of all of the Facilities in California.
Interim Measure 3:,Iron Gate Turbine Venting
PacifiCorp shall implement turbine venting on an ongoing basis beginning in 2009 to improve
dissolved oxygen concentrations downstream of Iron Gate dam.PacifiCorp shall monitor
dissolved oxygen levels downstream of Iron Gate dam in 2009 and develop a standard operating
procedure in consultation with NMFS for turbine venting operations and monitoring following
turbine venting operations in 2009.
Interim Measure 4:Hatchery and Genetics Management Plan
Beginning in 2009,PacifiCorp shall fund the development and implementation of a Hatchery and
Genetics Management Plan (HGMP)for the Iron Gate Hatchery.PacifiCorp,in consultation
with the National Marine Fisheries Service and the California Department of Fish and Game,
will develop an HGMP for approval by NMFS in accordance with the applicable criteria and
requirements of 50 c.F.R.§223.203(b)(5).To implement the HGMP,PacifiCorp,in
consultation with NMFS and CDFG,will develop and agree to fund an adequate budget.When
completed,CDFG shall implement the terms of the HGMP at Iron Gate Hatchery in consultation
with PacifiCorp and NMFS.Funding of this measure is in addition to the 100 percent funding
described in Non-ICP Interim Measure 18.
Interim Measure 5:Iron Gate Flow Variability
In coordination with NMFS,USFWS,States and Tribes,PacifiCorp and Reclamation shall
annually evaluate the feasibility of enhancing fall and early winter flow variability to benefit
salmonids downstream of Iron Gate Dam,subject to both PacifiCorp's and Reclamation's legal
2 The complete ICP was filed at FERC on November 25,2008 and includes some additional measures not
reflected in this Appendix that are not part ofthis Settlement.
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and contractual obligations.In the event that fall and early winter flow variability can feasibly
be accomplished,PacifiCorp,in coordination with NMFS,USFWS,and Reclamation will,upon
a final Incidental Take Permit issued to PacifiCorp by NMFS becoming effective,annually
develop fall and early winter flow variability plans and implement those plans.Any such plans
shall have no adverse effect on the volume of water that would otherwise be available for the
Klamath Reclamation Project or wildlife refuges.
Interim Measure 6:Fish Disease Relationship and Control Studies
PacifiCorp has established a fund in the amount of $500,000 in total funding to study fish disease
relationships downstream of Iron Gate Dam.Research proposals will be solicited and agreed
upon by PacifiCorp and NMFS for the purpose of determining that the projects are consistent
with the criteria and requirements developed by PacifiCorp and NMFS in the ESA review
process applicable under Settlement Section 6.2.PacifiCorp will consult with the Klamath River
Fish Health Workgroup regarding selection,prioritization,and implementation of such studies,
and such studies shall be consistent with the standards and guidelines contained in the Klamath
River Fish Disease Research Plan and any applicable recovery plans.
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APPENDIXD
Non-ICP Interim Measures3
Interim Measure 7:.J.C.Boyle Gravel Placement and/or Habitat Enhancement
Beginning on the Effective Date and continuing through decommissioning of the J.e.Boyle
Facility,PacifiCorp shall provide funding of $150,000 per year,subject to adjustment for
inflation as set forth in Section 6.1.5 of the Settlement,for the planning,permitting,and
implementation of gravel placement or habitat enhancement projects,including related
monitoring,in the Klamath River above Copco Reservoir.
Within 90 days of the Effective Date,PacifiCorp,in consultation with the IMIC,shall establish
and initiate a process for identifying such projects to the Committee,and,upon approval of a
project by the Committee,issuing a contract or providing funding to a third party approved by
the Committee for implementation of the project.
The objective of this Interim Measure is to place suitable gravels in the J.e.Boyle bypass and
peaking reach using a passive approach before high flow periods,or to provide for other habitat
enhancement providing equivalent fishery benefits in the Klamath River above Copco Reservoir.
Projects undertaken before the Secretarial Determination shall be located outside the FERC
project boundary.
Interim Measure 8:.J.C.Boyle Bypass Barrier Removal
Within 90 days of the Effective Date,PacifiCorp,in consultation with the Committee,shall
commence scoping and planning for the removal of the sidecast rock barrier located
approximately 3 miles upstream of the le.Boyle Powerhouse in the J.e.Boyle bypass reach.
Upon Concurrence,and in accordance with a schedule approved by the Committee,PacifiCorp
shall obtain any permits required for the project under Applicable Law and implement removal
of the barrier.If blasting will be used,PacifiCorp shall coordinate with ODFW to ensure the
work occurs during the appropriate in-water work period.The objective of this Interim Measure
is to provide for the safe,timely,and effective upstream passage of Chinook and coho salmon,
steelhead trout,Pacific lamprey,and redband trout.
Interim Measure 9:.J.C.Boyle Powerhouse Gage
Upon the Effective Date,PacifiCorp shall provide the U.S.Geological Survey (USGS)with
continued funding for the operation of the existing gage below the le.Boyle Powerhouse
(USGS Gage No.11510700).Funding will provide for continued real-time reporting capability
The Parties agree that PacifiCorp will implement the interim measures as provided in this Appendix.Pursuant
to Section 7.3.6 of the Settlement,if the Parties determine that the schedule for Facilities Removal must extend
beyond December 31,2020,then the Parties shall consider whether modification of Interim Measures is necessary to
appropriately balance costs to customers and protection of natural resources based on circumstances at that time.
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for half-hour interval readings of flow and gage height,accessible via the USGS website.
PacifiCorp shall continue to provide funding for this gage until the time of decommissioning of
the le.Boyle Facility.
Interim Measure 10:Water Quality Conference
PacifiCorp shall provide one-time funding of $100,000 to convene a basin-wide technical
conference on water quality within one year from the Effective Date of this Settlement.The
conference will inform participants on water quality conditions in the Klamath River basin and
will inform decision-making for Interim Measure No.11,with a focus on nutrient reduction in
the basin including constructed wetlands and other treatment technologies and water quality
accounting.PacifiCorp,the North Coast Regional Water Quality Control Board,and the Oregon
Department of Environmental Quality,will convene a steering committee to develop the agenda
and panels.
Interim Measure 11:Interim Water Quality Improvements
The purpose of this measure is to improve water quality in the Klamath River during the Interim
Period leading up to dam removal.The emphasis of this measure shall be nutrient reduction
projects in the watershed to provide water quality improvements in the mainstem Klamath River,
while also addressing water quality,algal and public health issues in Project reservoirs and
dissolved oxygen in J.e.Boyle Reservoir.Upon the Effective Date of the Settlement until the
date of the Secretarial Determination,PacifiCorp shall spend up to $250,000 per year to be used
for studies or pilot projects developed in consultation with the Implementation Committee
regarding the following:
•Development of a Water Quality Accounting Framework
•Constructed Treatment Wetlands Pilot Evaluation
•Assessment of In-Reservoir Water Quality Control Techniques
•Improvement of le.Boyle Reservoir Dissolved Oxygen
By the date of the Secretarial Determination,PacifiCorp shall develop a priority list of projects in
consultation with the Implementation Committee.The priority list will be informed by,among
other things,the information gained from the specific studies conducted before the Secretarial
Determination and the information generated at the water quality conference specified in Interim
Measure 10.Should the Secretary of Interior render an Affirmative Determination,PacifiCorp
shall provide funding of up to $5.4 million for implementation of projects approved by the
Oregon Department of Environmental Quality (ODEQ)and the State and Regional Water
Boards,and up to $560,000 per year to cover project operation and maintenance expenses related
to those projects,these amounts subject to adjustment for inflation as set forth in Section 6.1.5 of
this Settlement.Recognizing the emphasis on nutrient reduction projects in the watershed while
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also seeking to improve water quality conditions in and downstream of the Project during the
Interim Period,the Parties agree that up to 25 percent of the funding in this measure for pre­
Secretarial Determination studies and post-Secretarial Determination implementation may be
directed towards in-reservoir water quality improvement measures,including but not limited to
le.Boyle.
Interim Measure 12:.J.C.Boyle Bypass Reach and Spencer Creek Gaging
PacifiCorp shall install and operate stream gages at the J.e.Boyle Bypass Reach and at Spencer
Creek.The J.e.Boyle Bypass Reach gaging station will be located below the dam and fish
ladder and fish bypass outflow,but above the springs in order to record flow releases from le.
Boyle Dam.The Spencer Creek gage will utilize an existing Oregon Water Resources
Department gaging location.It is assumed that the required measurement accuracy will be
provided using stage gaging at existing channel cross-sections with no need for constructed
weirs.The installed stream gages shall provide for real-time reporting capability for half-hour
interval readings of flow and gage height,accessible via an agreed-upon website,until such time
as it is accessible on the USGS website.The Spencer Creek gage shall be installed in time to
provide flow indication for Iron Gate Flow Variability (ICP Interim Measure 5).Both gages
shall be installed and functional prior to September 1,2010.Installation of the bypass gage,and
measurement and maintenance shall conform to USGS standards.The Spencer Creek gage will
be maintained according to USGS standards,as applicable.
Interim Measure 13:Flow Releases and Ramp Rates
PacifiCorp will maintain current operations including instream flow releases of 100 cubic feet
per second (cfs)from J.e.Boyle Dam to the J.e.Boyle bypass reach and a 9-inch per hour ramp
rate below the le.Boyle powerhouse prior to transfer of the J.e.Boyle facility.
Provided that if anadromous fish have volitional passage4 to the le.Boyle bypass reach after
removal or partial removal of the lower dams and before le.Boyle is transferred,PacifiCorp
will operate le.Boyle as a run of river facility with a targeted ramp rate not to exceed 2 inches
per hour,and flows will be provided in the le.Boyle bypass reach to provide for the appropriate
habitat needs of the anadromous fish species.The operation will also avoid and minimize take
of any listed species present.Daily flows through the J.e.Boyle powerhouse will be informed
by reservoir inflow gages below Keno Dam and at Spencer Creek.Provided further that if
anadromous fish have volitional passage upstream of Iron Gate Dam before the Copco Facilities
are transferred,PacifiCorp will operate the remaining Copco Facility that is furthest downstream
as a run of the river facility with a targeted ramp rate not to exceed 2 inches per hour and
coordinate with NMFS and FWS to determine if any other flow measures are necessary to avoid
4 Volitional passage shall not be deemed to have occurred ifpresence of anadromous fish is the result of
anthropogenic placement of such fish above,within or below the J.e.Boyle Bypass Reach,including as a result of
scientific studies,experiments or investigations,prior to removal of Facilities downstream of the J.e.Boyle Bypass
Reach to the extent sufficient to provide fish passage past those Facilities.
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or minimize take of any listed species present.In either event,flows in the respective bypass
reaches will be based on species-specific habitat needs identified by the IMIe.
The Parties agree that if dam removal occurs in a staged manner,le.Boyle is intended to be the
last dam decommissioned.If,however,the Secretarial Determination directs a different
sequence for Decommissioning and Facilities Removal,then the Parties shall Meet and Confer to
identify adjustments necessary to implement the Secretarial Determination in a manner that is
consistent with PacifiCorp's Economic Analysis.
Interim Measure 14:3,000 cfs Power Generation
Upon approval by OWRD in accordance with Exhibit 1,PacifiCorp may divert a maximum of
3,000 cfs from the Klamath River at le.Boyle dam for purposes of power generation at the le.
Boyle Facility prior to decommissioning of the facility.Such diversions shall not reduce the
minimum flow releases from J.e.Boyle dam required of PacifiCorp under Interim Measure 13.
The implementation of this interim measure shall not:reduce or adversely affect the rights or
claims of the Klamath Tribes or the Bureau of Indian Affairs for instream flows;affect the
operation of Link River dam or Keno Dam or any facility of the Klamath Reclamation Project;
or otherwise adversely affect lake levels at Upper Klamath Lake,flows in Link River,or Keno
reservoir elevations.Within 9 months of the Effective Date,PacifiCorp and the Committee shall
develop a protocol for quantifying and managing any additional flows in the Klamath River
made available through implementation of the KBRA and for coordinating with operation of the
le.Boyle Facility the timing and manner of release of such KBRA flows to meet fish habitat
needs.
Interim Measure 15:Water Quality Monitoring
PacifiCorp shall fund long-term baseline water quality monitoring to support dam removal,
nutrient removal,and permitting studies,and also will fund blue-green algae (BGA)and BGA
toxin monitoring as necessary to protect public health.Funding of $500,000 shall be provided
per year.The funding shall be made available beginning on April 1,2010 and annually on April
1 until the time the dams are removed.Annual coordination and planning of the monitoring
program with stakeholders will be performed through the Klamath Basin Water Quality Group or
an entity or entities agreed upon by the Parties and in coordination with the appropriate water
quality agencies.The Regional Board and ODEQ will take responsibility for ensuring that the
planning documents will be completed by April 1 of each year.Monitoring will be performed by
the Parties within their areas of regulatory compliance or Tribal responsibility or,alternatively,
by an entity or entities agreed upon by the Parties.Monitoring activities will be coordinated with
appropriate water quality agencies and shall be conducted in an open and transparent manner,
allowing for participation,as desired,among the Parties and water quality agencies.
Significant disputes that may arise between the Parties,or with the Regional Board,regarding the
monitoring plan content or funding will be resolved by the Implementation Committee,acting on
input and advice,as necessary,from the water quality agencies.Notwithstanding the forgoing,
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the Oregon Department of Environmental Quality and the California State Water Resources
Control Board shall make final decisions regarding spending of up to $50,000 dedicated to BGA
and BGA toxin monitoring as necessary to protect public health.
Interim Measure 16:Water Diversions
PacifiCorp shall seek to eliminate three screened diversions (the Lower Shovel Creek Diversion
-7.5 cfs,Claim #S015379;Upper Shovel Creek Diversion -2.5 cfs,Claim #S01538l;and
Negro Creek Diversion - 5 cfs,Claim #S015380)from Shovel and Negro Creeks and shall seek
to modify its water rights as listed above to move the points of diversion from Shovel and Negro
Creeks to the mainstem Klamath River.Should modification of the water rights be feasible,and
then successful,PacifiCorp shall remove the screened diversions from Shovel and Negro creeks
associated with PacifiCorp's water rights prior to the time that anadromous fish are likely to be
present upstream of Copco reservoir following the breach of Iron Gate and Copco dams.To
continue use of the modified water rights,PacifiCorp will install screened irrigation pump
intakes,as necessary,in the Klamath River.The intent of this measure is to provide additional
water to Shovel and Negro creeks while not significantly diminishing the water rights or the
value of ranch property owned by PacifiCorp.Should costs for elimination of the screened
diversions and installation of a pumping system to provide continued use of the water rights
exceed $75,000 then the Parties will Meet and Confer to resolve the inconsistency.
Interim Measure 17:Fall Creek Flow Releases
Within 90 days of the Effective Date and during the Interim Period for the duration of its
ownership while this Settlement is in effect,PacifiCorp shall provide a continuous flow release
to the Fall Creek bypass reach targeted at 5 cfs.Flow releases shall be provided by stoplog
adjustment at the diversion dam and shall not require new facility construction or the installation
of monitoring equipment for automated flow adjustment or flow telemetry.
Additionally,if anadromous fish have passage to the Fall Creek following removal of the
California dams,flows will be provided in the Fall Creek bypass reach to provide for the
appropriate habitat needs of the anadromous fish species of any kind that are naturally and
volitionally present in the Fall Creek bypass reach.Flows will be based on species specific
habitat needs identified by the IMIC.The operation will also avoid and minimize take of any
listed species present.
Interim Measure 18:Hatchery Funding
Beginning in 2010,PacifiCorp shall fund 100 percent of Iron Gate Hatchery operations and
maintenance necessary to fulfill annual mitigation objectives developed by the California
Department of Fish and Game in consultation with the National Marine Fisheries Service and
consistent with existing FERC license requirements.PacifiCorp shall provide funding of up to
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$1.25 million dollars per year for operations and maintenance costs,subject to adjustment for
inflation as set forth in Section 6.1.5 of the Settlement.These operations and maintenance costs
shall include a program for 25 percent fractional marking of chinook at the Iron Gate Hatchery
facilities as well as the current 100 percent marking program for coho and steelhead.Labor and
materials costs associated with the 25 percent fractional marking program (fish marking,tags,
tag recovery,processing,and data entry)shall be included within these operations and
maintenance costs.This operations and maintenance funding will continue until the removal of
Iron Gate Dam.
PacifiCorp will provide one-time capital funding of $1.35 million for the 25 percent fractional
marking program.This funding will include the purchase of necessary equipment (e.g.electrical
upgrades,automatic fish marking trailer,tags and a wet lab modular building for processing fish
heads).PacifiCorp will ensure the automatic fish marking trailer is available for use by April
2011.PacifiCorp is not responsible for funding the possible transition to a 100 percent Chinook
marking program in the future.
Interim Measure 19:Hatchery Production Continuity
Within 6 months of the Effective Date of the Settlement,PacifiCorp will begin a study to
evaluate hatchery production options that do not rely on the current Iron Gate Hatchery water
supply.The study will assess groundwater and surface water supply options,water reuse
technologies or operational changes that could support hatchery production in the absence of
Iron Gate Dam.The study may include examination of local well records and the feasibility of
increasing the production potential at existing or new hatchery facilities in the basin.
Based on the study results,and within 6 months following an Affirmative Determination,
PacifiCorp will propose a post-Iron Gate Dam Mitigation Hatchery Plan (Plan)to provide
continued hatchery production for eight years after the removal of Iron Gate Dam.PacifiCorp's
8 year funding obligation assumes that dam removal will occur within one year of cessation of
power generation at Iron Gate Dam.If dam removal occurs after one year of cessation of power
generation at Iron Gate Dam,then the Parties will Meet and Confer to determine appropriate
hatchery funding beyond the 8 years.PacifiCorp's Plan shall propose the most cost effective
means of meeting hatchery mitigation objectives for eight years following removal of Iron Gate
Dam.Upon approval of the Plan by the California Department of Fish and Game and the
National Marine Fisheries Service,PacifiCorp will begin implementation of the Plan.Plan
implementation may include PacifiCorp contracting with the owners or administrators of other
identified hatchery facilities and/or funding the planning,design,permitting, and construction of
measures identified in the Plan as necessary to continue to meet mitigation production objectives.
Five years after the start of Plan implementation,PacifiCorp,the California Department of Fish
and Game and the National Marine Fisheries Service shall meet to review the progress of Plan
implementation.The five year status review will also provide for consideration of any new
information relevant to Plan implementation.Plan implementation shall ultimately result in
production capacity sufficient to meet hatchery mitigation goals for the eight year period being in
place and operational upon removal of Iron Gate Dam.
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Interim Measure 20:Hatchery Funding After Removal of Iron Gate Dam
After removal of Iron Gate Dam and for a period of eight years,PacifiCorp shall fund 100
percent of hatchery operations and maintenance costs necessary to fulfill annual mitigation
objectives developed by the California Department of Fish and Game in consultation with the
National Marine Fisheries Service.The hatchery mitigation goals will focus on chinook
production,with consideration for steelhead and coho,and may be adjusted downward from
current mitigation requirements by the California Department of Fish and Game and National
Marine Fisheries Service,in consultation with the other Klamath River fish managers,in
response to monitoring trends.
Interim Measure 21:ELM Land Management Provisions
Beginning in 2010 and continuing until transfer of the le.Boyle facility,PacifiCorp shall fund
land management activities by the Bureau of Land Management as specified in this interim
measure.BLM will provide PacifiCorp an annual Work Plan for the management measures
described below for road maintenance,invasive weed management,cultural resource
management,and recreation.The Work Plan will include the status of Work Plan tasks from the
prior year,a description of the prioritized tasks for the upcoming year,and their estimated costs.
PacifiCorp or BLM will mutually establish the annual delivery date of the Work Plan taking into
consideration fiscal and maintenance calendars and may request a meeting to coordinate the
content of the plan.PacifiCorp will provide funding within 60 days of concurring with the Work
Plan.Administrative services,environmental review or permitting efforts,if necessary,to
implement actions under the funds shall not require additional PacifiCorp funding beyond the
amounts specified below.
A.PacifiCorp shall provide up to $15,000 per year to BLM towards projects
identified through the coordination process described above for the purpose of
road maintenance in the Klamath Canyon.This funding will be used to annually
maintain the access road from State Highway 66 to the le.Boyle Powerhouse
and terminate at the BLM Spring Island Boat Launch.Remaining funds will be
used to do non-recurring road maintenance work on roads within the Canyon as
mutually agreed upon in writing by BLM and PacifiCorp.
B.PacifiCorp shall provide up to $10,000 per year to BLM for use by the Oregon
Department of Agriculture (ODA)towards projects identified through the
coordination process described above for the purpose of integrated weed
management of invasive weed species along the road system and river corridor
within the Klamath Canyon.Noxious weed control projects will be coordinated
with Siskiyou County to ensure that weeds are controlled along the river corridor
from the Oregon-California boundary to the top of Copco Reservoir.
e.PacifiCorp shall provide up to $10,000 per year to BLM towards projects
identified through the coordination process described above for the management
of the following 5 BLM cultural sites which are within,or partially within,the T1
terrace of the J.e.Boyle full flow reach:35KL21/786,35KL22,35KL24,
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35KL558,and 35KL577.Management of additional sites with these funds can
occur with mutual written agreement between PacifiCorp and BLM.
D.PacifiCorp shall provide up to,but no more than,$130,000 in funding for the
development and implementation of a Road Management Plan to be implemented
during the Interim Period.The Road Management Plan shall be developed by
BLM and PacifiCorp and will determine priorities for operation and maintenance,
including remediation or restoration of redundant or unnecessary facilities,of the
shared BLM/PacifiCorp road system within the Klamath River Canyon from lC.
Boyle Dam to the slack water of Copco Reservoir.
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