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UNITED STATES OF AMERICA FEDERAL ENERGY REGULATORY COMMISSION PacifiCorp ) ) Application For New Major License ) _______________________________________) Project No. 1927-008 North Umpqua Hydroelectric Project AMERICAN RIVERS, OREGON NATURAL RESOURCES COUNCIL, UMPQUA WATERSHEDS, UMPQUA VALLEY AUDUBON SOCIETY, STEAMBOATERS, OREGON TROUT, PACIFIC RIVERS COUNCIL, AND WATERWATCH OF OREGON’S COMMENTS AND RECOMMENDATIONS I. INTRODUCTION In January 1995, PacifiCorp filed an application for a new major license for the North Umpqua Hydroelectric Project, No. 1927. This application was most recently amended by PacifiCorp in February 2000. The original license expired in 1997. On November 15, 2000, the Federal Energy Regulatory Commission (Commission) issued a Notice of Application Ready for Environmental Analysis and Soliciting Comments, Recommendations, Terms and Conditions, and Prescriptions. The Notice established a comment deadline of March 1, 2001. American Rivers, Oregon Natural Resources Council, Umpqua Watersheds, Umpqua Valley Audubon Society, Steamboaters, Oregon Trout, Pacific Rivers Council, and WaterWatch of Oregon (collectively, the Conservation Groups) hereby submit the following comments and recommendations pursuant to 18 C.F.R. § 4.34(b) and 18 C.F.R. §385.2010. A. Project Background and Description The North Umpqua River is one of the most beautiful rivers in the Pacific Northwest. Renowned for its excellent steelhead fly fishing, it provides a unique challenge to anglers from all over the world. According to the North Umqpua Business Association, “[t]he beautiful North Umpqua with a long history of angling, and a renowned reputation world wide, in one of Southern Oregon’s most wild and scenic rivers. The North Umpqua Hydroelectric Project was constructed between 1947 and 1956 near the headwaters of the North Umpqua River. The project is located almost entirely within the Umpqua National Forest on the North Umpqua River, Fish Creek, and the Clearwater River. The 185-megawatt hydroelectric project consists of eight hydroelectric developments – Lemolo No.1, Lemolo No.2, Clearwater No.1, Clearwater No.2, Toketee, Fish Creek, Slide Creek, and Soda Springs – which each consist of a dam, penstock, and powerhouse. Additionally, the Project has created three reservoirs (Lemolo, Toketee and Soda Springs), an impoundment at Stump Lake, four forebays (Lemolo No.2, Clearwater Nos.1 and 2, and Fish Creek), 21.7 miles of canal, 9.8 miles of flume, 5.8 miles of penstock and tunnels (total waterway length of 37.3 miles), 117.5 miles of transmission lines and 36 miles of access roads. The Project is operated to maximize peak power production with 68 percent of the energy being produced on peak on an annual basis. If the project were operated as run of river, peak power would be produced 57 percent of the time. Total power production would be the same in either case. Various state and federal agencies have legal mandates and responsibilities applicable to the licensing of the North Umpqua Hydroelectric Project. Because the Project is located almost entirely within lands managed by the U.S. Forest Service, that agency has substantial authority to develop conditions necessary for the adequate protection and utilization of the land reservation affected by the Project. The primary sources of management direction for the Forest Service related to this licensing are: the Umpqua Land and Resource Management Plan or “Forest Plan”; the North Umpqua Wild and Scenic River Management Plan; and the Northwest Forest Plan, particularly the Aquatic Conservation Strategy (ACS) component of that plan. The management direction in these documents necessary to adequately protect the land reservation affected by the Project focuses on the North Umpqua Hydroelectric Project, No. 1927 Conservation Groups’ Comments and Recommendations 2 enhancement, preservation, and restoration of the structure and function of the aquatic and related ecosystems, including, but not limited to, water quality, anadromous fish habitat, aquatic and riparian dependent species habitat and connectivity, terrestrial habitat connectivity, and watershed processes. B. Project Impacts Due to the extent of project features across the landscape, for more than 50 years, the North Umpqua Hydroelectric Project has adversely affected a variety of aquatic and terrestrial ecosystems. Alteration of ecosystem functions has been substantial. Impacts to the ecosystem include: 1) drastically reduced streamflows in bypassed reaches of streams; 2) fluctuating flows and reservoir elevations; 3) blockage of upstream passage for both anadromous and resident fish; 4) entrainment of fish, amphibians, and terrestrial animals at unscreened diversions; 5) interruption of downstream transport of gravel and large woody material; 6) increased erosion and sedimentation from construction, Project facilities, and roads; 7) stranding and killing of fish downstream of the Project due to rapid changes in the river levels during low summer flows; 8) disruption of terrestrial habitat connectivity; 9) disruption of aquatic and riparian habitat and connectivity in small tributaries and headwater streams; 10) inundation of unique stillwater, wetland, and riverine riparian habitats by reservoirs and forebays; 11) reduction in water quality and progressive eutrophication of the North Umpqua River. As part of its 1995 license application, PacifiCorp initiated a comprehensive watershed analysis that evaluated the ecological integrity of a 987 square mile area in the upper North Umpqua watershed. The science based, multi-agency cooperative analysis, carried out by a Science Team and a Resource Team, resulted in issuance of the “North Umpqua Cooperative Watershed Analysis Synthesis Report” in 1998. The Watershed Analysis identified six comprehensive issues for analysis. These include (1) fluvial North Umpqua Hydroelectric Project, No. 1927 Conservation Groups’ Comments and Recommendations 3 geomorphic processes, channel morphology, and aquatic and riparian habitats, (2) aquatic and riparian habitat connectivity, (3) instream flows, (4) reservoir and forebay management, (5) water quality, (6) anadromous fish passage and offsite mitigation, and (7) terrestrial habitat connectivity and wildlife entrapment. These issues were evaluated to get a better understanding of the impacts of the hydroelectric project and to evaluate the biological impacts of various potential operational and physical modifications of the project. The Watershed Analysis was supplemented with additional studies and further analysis, primarily in response to Additional Information Requests from the Commission. 1. Flow Regime The North Umpqua Hydroelectric Project has significantly affected the flow regime in the basin. It has drastically reduced the minimum flows in the river by diverting between 50-95 percent of the river flow. The rate at which stream discharge and water surface elevation changes occur has been altered due to peaking operations and project maintenance. Flow releases have altered the natural hydrograph, with high flows occurring in the bypass reached only infrequently and at a time of year when they do not naturally occur. Further, the project, including canals and access roads, has intercepted and/or diverted numerous small, perennial, and intermittent tributary streams and seeps. The effects of such changes have been great. Existing minimum flows fail to adequately protect the aquatic resources in the North Umpqua basin or to support a fully functioning ecosystem. The quantity and quality of available habitat has been reduced, stream temperatures and benthic invertebrate production have been adversely affected, and natural geomorphological processes have been interrupted. Additionally, flow reductions have contributed to channel narrowing in some areas, including the Clearwater No.1 and Lemolo No.1 bypass reached. The existing flow regime does not represent a balanced use of our public water resources. North Umpqua Hydroelectric Project, No. 1927 Conservation Groups’ Comments and Recommendations 4 Furthermore, project induced fluctuations in bypass and, particularly, full flow reaches have adversely affected aquatic ecosystems, fish populations, and non-fish aquatic and riparian associated species within and below the Project area. The effects vary depending on the particular facility and stream reach, however, fluctuations result in stranding and mortality of juvenile salmonids and other aquatic wildlife; disruption of fish spawning activity; temporary loss of and permanent alteration to aquatic and riparian habitat; reduced fish, amphibian, and invertebrate production; and alteration of the substrate compromising spawning conditions. Approximately 35 miles of stream are affected by project induced ramping within the 8 bypass reaches. For example, daily flow fluctuations at the Lemolo No.2 powerhouse adversely affect the low gradient, unconfined reach downstream. This reach is a highly productive and diverse habitat type that is rare in the North Umpqua Basin. However, macroinvertebrate scores are among the lowest within the project area and the fluctuations substantially impact sensitive amphibians and mollusks in that reach. Ramping below Soda Springs dam can be detected up to 32 miles below the dam in the designated Wild and Scenic reach of the river. Also, although it appears that the project has had a minimal effect on high flow events, and only slightly more on two-year events, flow releases related to project maintenance must be better managed. Such flows from Soda Springs dam have the capability to scour salmonid eggs and maintenance-related high flows throughout the project can adversely affect amphibian and macroinvertebrate communities. Scheduled project maintenance should consider the natural flow timing and periods when sensitive life stages of native aquatic species are at risk. 2. Geomorphic Process, Channel Morphology Fluvial geomorphic processes create the physical basis for aquatic and riparian habitat conditions by delivering sediment and organic material to stream channels and North Umpqua Hydroelectric Project, No. 1927 Conservation Groups’ Comments and Recommendations 5 transporting this material downstream. The quantity, quality, and timing of sediment and large woody debris delivery and storage shape channel morphology. The Project (canals, dams, diversions) has altered the geomorphic characteristics of the North Umpqua basin in a number of ways, resulting in adverse impacts to aquatic species in the basin. It has modified stream channels through interruption of large woody debris transport, water diversions, sediment capture, inundation of limited unconfined stream reaches, and elimination of wetland habitat. The dams reduce sediment supplies to and block coarse sediment delivery to downstream reaches. They have trapped up to 100 percent of bedload and up to 80 percent of suspended load. The North Umpqua below Soda Springs has experienced a reduction in bedload supplies by 95 to 100 percent. Such alteration of the sediment regime have reduced spawning gravel and made the river more susceptible to coarsening. The North Umpqua Cooperative Watershed Analysis Synthesis, Volume 2, Table 22, outlines many of the site-specific impacts of the project on erosion and sedimentation. Included are the inundation and continued occupation of unusual and complex aquatic habitats at Stump Lake and Lemolo Lake, decreases in bedload supply and transport capacity at many of the facilities, and channel narrowing due to low flows in several bypass reaches. All of these effects illustrate the significant impact that the North Umpqua Hydroelectric Project has on the river ecosystem. 3. Anadromous Fish Resources The North Umpqua River is world renowned for its anadromous fish resources and historically supported large commercial fisheries for coho, chinook, and steelhead. Five anadromous fish species known to occur in the North Umpqua River system have been adversely affected by the Project. These include chinook salmon, steelhead, coastal cutthroat trout, coho salmon, and Pacific lamprey. Although steelhead and spring chinook are North Umpqua Hydroelectric Project, No. 1927 Conservation Groups’ Comments and Recommendations 6 considered stable, both are well below their historical abundance. Due to their different life histories, they have been affected to varying degrees and from a range of impacts. Since construction of the Project, Soda Springs and Slide Creek dams (the two most downstream dams in the Project), have reduced the historical distribution of anadromous fish, which used to migrate as far upstream as Toketee Falls and into the Fish Creek basin. Built without fish passage, the two dams have eliminated access to potentially important spawning, rearing, and holding habitat for anadromous fish. Additionally, they have adversely impacted miles of habitat below the Project through altered flow regimes, trapped sediment and large woody debris, and disrupted physical process. The quality of habitat in the Toketee bypass reach, once accessible by anadromous fish, has also been greatly reduced due to diminished sediment transport and low flows resultant from upstream dams. Due to its design and location, Soda Springs dam causes a significant portion of the adverse effects attributable to the hydropower project. As noted, it blocks upstream and downstream passage of fish and has disconnected the majority of the North Umpqua mainstem from Fish Creek. Fish Creek basin lies predominantly within the Western Cascades geomorphic province, which is a major source of coarse sediment and large woody debris to the North Umpqua River. These materials are important to the ecological integrity of the Wild and Scenic reach of the river, but have not been transported to that area because of the dam. The dam does not have any facilities for the effective handling and transport of sediment or large woody debris into the North Umpqua River below the dam, and in fact, has substantially reduced sediment and spawning gravels to downstream areas. Soda Springs dam also inundates one of the largest and highest value mainstem spawning areas, adversely affects water quality, and provides habitat for a large number of brown trout, an exotic species that competes with and preys upon native species. North Umpqua Hydroelectric Project, No. 1927 Conservation Groups’ Comments and Recommendations 7 4. Aquatic and Riparian-dependent Species In addition to adversely affecting anadromous salmonids, the Project also harms a range of aquatic and riparian-dependent species including resident rainbow trout, amphibians, small mammal, some bird, and macroinvertebrate populations throughout the project area. The principal harm results from extensive habitat and population fragmentation, and reduction in the quantity, quality, function, and processes of habitat. Habitat quantity and quality has been reduced as a result of the creation of stillwater habitats, changes in sediment delivery, insufficient stream flows, and flow and reservoir fluctuations. Project dams prevent or restrict movement of fish and other aquatic organisms. Fish Creek and Lemolo No.2 have fish ladders, although only the Fish Creek ladder is functional and neither serves the needs of species other than fish. The project impoundments, including Lemolo, Stump, and Toketee lakes, have inundated and eliminated floodplain and wetland habitats, transformed free flowing streams into stillwater or low velocity habitats, and increased predation. They are unsuitable habitat for many native aquatic species. Further, the Project causes entrainment of fish and wildlife at all of the facilities of the North Umpqua Hydroelectric Project. Due to the different facility configurations and stream reach characteristics, varying levels of entrainment of fish and wildlife occur throughout the Project and different mitigation measures are needed to address the impacts. Entrainment at Lemolo No.1 coincides with low lake levels and rapid water withdrawal from the lake, maintaining the lake at full stable pool provides the best means to mitigate for entrainment at that facility. Entrainment at intercepted and diverted tributary streams would be reduced through reconnection of stream and riparian reserves and modifications to the canals. North Umpqua Hydroelectric Project, No. 1927 Conservation Groups’ Comments and Recommendations 8 5. Water Quality As part of the licensing process, the proposed project must comply with applicable water quality standards through state certification of water quality compliance under the Clean Water Act section 401. These standards consist of three components: (1) existing or potential beneficial uses, (2) numeric and narrative criteria to support the designated beneficial uses, and (3) anti- degradation. The proposed protection, mitigation, and enhancement measures must provide a reasonable assurance that the Project will comply with the three water quality components for the relevant parameters. Currently, numerous waters within the project area fail to meet Oregon water quality standards. Standards for temperature, dissolved oxygen, pH, total dissolved gas, project habitat modification, nuisance algae, and flow modification are exceeded in project affected reaches. Although there is limited information on some project specific data, it is clear that the existence and operation of the hydropower project have diminished water quality in the North Umpqua basin. Significant flow reductions in the bypass reaches have modified stream temperatures, increasing temperatures over what they would be without the project in some instances (i.e. Fish Creek during the summer months), and decreasing them in others (i.e. Toketee bypass reach during the summer months). Temperature changes adversely affect concentrations of dissolved oxygen and growth rates of aquatic organisms, which in turn, affect the abundance and survival of aquatic organisms. Stream temperature is also altered due to the presence of reservoirs. Outflow from Lemolo Lake is warmer than inflow from the North Umpqua River during most of the summer; this change may extend as far downstream as the Wild and Scenic stretch of the river. And, the daily and annual variation in water temperatures in the North Umpqua and Clearwater rivers, and Fish Creek have been altered as a result of the project. North Umpqua Hydroelectric Project, No. 1927 Conservation Groups’ Comments and Recommendations 9 Although the North Umpqua system is nitrogen limited, it is undergoing progressive eutrophication, due in part to the trapping of organic material in reservoirs and subsequent decomposition and release of nutrients downstream. This is directly related to exceedences of pH and dissolved oxygen criteria. Eutrophication also increases turbidity and disrupts aquatic food webs. Such effects are detrimental to the health of fish in the project area. Additionally, several powerhouses – Clearwater Nos.1 & 2, Lemolo Nos.1 & 2 – contribute to total dissolved gas water quality limited conditions. 6. Terrestrial Resources The Project consists of 21.7 miles of canal, 9.8 miles of flume, 5.8 miles of penstock and tunnels (total waterway length of 37.3 miles), 117.5 miles of transmission lines and 36 miles of access roads, all of which contribute to adverse affects on terrestrial habitat connectivity and significant habitat fragmentation in the Project area. This habitat fragmentation affects a number of at risk species. Species such as amphibians and small mammals that have patchy population structures are affected to the greatest degree. Terrestrial species also are subject to entrapment and resulting mortality in project waterways. Although the effect of entrapment on population viability is not clear, species with long generation times, limited dispersal abilities, and patchy distributions are adversely impacted and are likely to have decreased wildlife population persistence and reduced biological diversity when considering cumulative effects of all activities in the upper North Umpqua watershed. II. CONDITIONS AND RECOMMENDATIONS To date, little mitigation, including changes in project operations, has been provided for the longstanding impacts noted above. Unfortunately, the mitigation measures proposed by PacifCorp in its license application fail to bring the Project up to current environmental North Umpqua Hydroelectric Project, No. 1927 Conservation Groups’ Comments and Recommendations 10 standards. In the face of continuing impacts, PacifiCorp proposes to maintain the Project as a peaking facility and is resistant to any substantial operational or structural modifications of the Project, resulting in the continual decline of our public resources. Accordingly, the Conservation Groups take this opportunity to set forth recommendations to partially remedy the continuing damage to the North Umpqua ecosystem caused by the North Umpqua Project. These recommendations are based primarily on the North Umpqua Cooperative Watershed Analysis and supplemental studies and analysis. Our goal is to restore more fully functioning aquatic and terrestrial ecosystems, which require diverse, complex, and connected habitats in the project area. An alternative consistent with these recommendations strikes a better balance between power production and “the protection, mitigation of damage to, and enhancement of, fish and wildlife (including related spawning grounds and habitat), the protection of recreational opportunities, and the preservation of other aspects of environmental quality,” than the alternative proposed in PacifiCorp’s license application. 16 U.S.C. §797(e) Although the Project may experience some reduction in peaking potential, it will still be an economically viable facility operated in a run of river manner. A. Term of the License The Conservation Groups recommend that the Commission issue a hydropower license for continued operation of the North Umpqua Hydroelectric Project for a term of 30 years. Rationale: Due to the ongoing adverse impacts from the Project and the relatively minimal structural and capital investments, a 30 year license is in the public interest. North Umpqua Hydroelectric Project, No. 1927 Conservation Groups’ Comments and Recommendations 11 B. Instream Flows For the protection, mitigation, and enhancement of aquatic resources, concurrent with the issuance of any new license for the Project, PacifiCorp shall provide the following minimum instream flows in the identified river reaches, consistent with Alternative F in Existing Information Analysis (EIA) Module 8.1 1) Lemolo No.1 Bypass Reach July 1 – April 30 Minimum flow releases shall be 130 cubic feet per second (cfs) May 1 – June 30 Minimum flow releases shall be 150 cfs 2) Lemolo No.2 Bypass Reach May 1 – June 30 Minimum flow releases shall be 170 cfs July 1 – October 31 Minimum flow releases shall be 120 cfs November 1 – April 30 Minimum flow releases shall be 170 cfs 3) Toketee Bypass Reach a. Without passage at Slide Creek Dam July1 – November 30 Minimum flow releases shall be 150 cfs December 1 – June 30 Minimum flow releases shall be 200 cfs b. If passage at Slide Creek Dam is provided 1 The instream flows must not be inconsistent with any state instream water rights within and below the Project area. North Umpqua Hydroelectric Project, No. 1927 Conservation Groups’ Comments and Recommendations 12 September 1 – October 31 Minimum flow releases shall be 200 cfs November 1 – August 31 Minimum flow releases shall be 275 cfs 4) Clearwater No.1 Bypass Reach Year round Minimum flow releases shall be 120 cfs 5) Clearwater No.2 Bypass Reach Year round Minimum flow releases shall be 128 cfs 6) Fish Creek Bypass Reach July 1 – October 31 Minimum flow releases shall be the entire flow of the river November 1 – December 31 Minimum flow releases shall be 80 cfs January 1 – June 30 Minimum flow releases shall be 160 cfs 7) Slide Creek Bypass Reach a. Prior to Soda Springs dam removal in year five of the license July1 – November 30 Minimum flow releases shall be 100 cfs December 1 – June 30 Minimum flow releases shall be 125 cfs b. After Soda Springs dam removal in year five of the license Year round Minimum flow releases of 400 cfs North Umpqua Hydroelectric Project, No. 1927 Conservation Groups’ Comments and Recommendations 13 8) Soda Springs Bypass Reach a. Prior to Soda Springs dam removal in year five of the license September 1 – October 31 Minimum flow releases shall be 250 cfs November 1 – August 31 Minimum flow releases shall be 300 cfs b. After Soda Springs dam removal in year five of the license The entire river flow Within one year of license issuance, PacifiCorp shall develop and implement a comprehensive monitoring and evaluation program to determine the sufficiency of the above specified flows. Additionally, measuring gauges shall be installed and maintained at all project developments to ensure instream flow levels are being met. Rationale: The hydroelectric Project has significantly altered base flows (the low flows that occur between storm events), high flows that occur in response to snowmelt or rainfall runoff, and ramping rates (the rate that stream discharge and water surface elevation changes) throughout the Project area and downstream for more than 30 miles. The effect of the Project on flows was identified as an area of particular concern due to the significant adverse impacts. Adequate flows are necessary to address the effects that such hydraulic modifications have had on aquatic ecosystems within the Project. The proposed flow regime mimics the natural hydrograph, is within the natural range of variability, and is necessary to maintain aquatic processes, provide properly functioning aquatic habitat for anadromous and resident fish as well as macroinvertebrate communities, and further the goals of overall ecosystem integrity. Sufficient flows also are necessary to address water quality problems related to temperature, dissolved oxygen, and pH in numerous stream reaches in the Project area. North Umpqua Hydroelectric Project, No. 1927 Conservation Groups’ Comments and Recommendations 14 The flows proposed by the Conservation Groups are based on the North Umpqua Cooperative Watershed Analysis and Existing Information Analysis (EIA) Module 8 – Instream Flows attached hereto and are designed to provide functioning aquatic ecosystems. They consider the needs of anadromous fish if present, resident native fish, amphibians and other riparian dependent species, and macroinvertebrates, flows to address water quality problems, and the timing and magnitude of reference flows. C. Ramping For the protection, mitigation, and enhancement of all aquatic resources, PacifiCorp shall operate the entire project in a run of river manner concurrent with issuance of a license. The only exception to run of river operations shall be project maintenance, for which the following ramp rates will apply, consistent with EIA Module 8 – Instream Flows attached hereto. Stream Reach Upramping Rate Downramping Time of Year Rate Lemolo No. 2 0.1 ft/hr 0.1 ft/hr mid October – June 30 Clearwater No.1 0.1 ft/hr 0.1 ft/hr mid October – June 30 Clearwater No.2 0.17 ft/hr 0.1 ft/hr mid October – June 30 Toketee and SlideCreek 0.25 ft/hr 0.1 ft/hr mid October – June 30 Fish Creek 0.4 ft/hr 0.2 ft/hr November 1 – June 30 Soda Springs 0.17 ft/hr 0.17 ft/hr December 1 – March 31 Lemolo No. 1 and Rationale: An operational scenario that eliminates Project-induced fluctuations will minimize the adverse effects on aquatic ecosystems and fish, amphibian, and other wildlife populations in and below the Project area. Flow fluctuations caused by peaking operations are North Umpqua Hydroelectric Project, No. 1927 Conservation Groups’ Comments and Recommendations 15 detrimental to aquatic, terrestrial, recreational, and aesthetic resources. They result in direct mortality, stranding, disruption of spawning activity, displacement, temporary loss of habitat, reduced production, and alteration of the substrate compromising spawning conditions for early life stages of salmonids, amphibians, macroinvertebrates, and other wildlife such as riparian ground nesting birds. A run of river operation with specified minimum flows would maintain restore natural flow regimes and ecological integrity in the Project area, would maintain the designated purposes of the Wild and Scenic River below the Project, and would minimize mortality to anadromous salmonids and other wildlife. D. Restoration of Mainstem Connectivity at Soda Springs Dam Within two years after the issuance of its license, PacifiCorp shall supplement the existing study on the decommissioning of Soda Springs Dam for review by the public and federal and state agencies. PacifiCorp shall complete the necessary permitting and complete removal of Soda Springs dam and other associated facilities and developments within five years after issuance of its license. Removal shall be in a manner designed to minimize the downstream effects to the North Umpqua River. Concurrent with removal, PacifiCorp shall construct a tailrace barrier at the Slide Creek powerhouse. Rationale: Soda Springs dam is responsible for a disproportionate amount of the adverse impacts to aquatic resources attributable to the Project and is identified in the Watershed Analysis as the highest priority for improvement to habitat connectivity. Removal of Soda Springs dam provides the most effective means to provide fish passage and increase anadromous fish and other wildlife populations, and has the highest likelihood of restoring ecosystem processes in the North Umpqua River. As a result, numerous parties involved in the relicensing recommended that the dam be removed in order to meet ecosystem, fish passage and habitat, and production goals. Unimpeded upstream and downstream passage North Umpqua Hydroelectric Project, No. 1927 Conservation Groups’ Comments and Recommendations 16 will allow anadromous fish, including Pacific lamprey, and other aquatic and ripariandependant species to access and utilize the upper reaches of the mainstem North Umpqua River and Fish Creek, increasing the amount of available high quality habitat by at least about seven miles. Pacific lamprey and potentially steelhead may also gain access to an additional forty miles of habitat in Fish Creek above an existing boulder jam. Currently, spring chinook production in the North Umpqua basin is limited by the availability of high quality spawning habitat. Soda Springs dam and reservoir inundate one of the four alluvial features that occur within the project area. Removal of the dam and conversion of the reach now inundated by the reservoir from a reservoir to a river channel will restore this alluvial feature and provide additional spawning habitat. It is estimated that smolt production will increase by 1.6 percent for steelhead, 2.4 percent for chinook, and 2.2 percent for coho as a result of conversion of the reach. This increase is in addition to that attributable to areas upstream of the reservoir, but will not be realized without removal of the dam. Overall, removal will increase spawning habitat for the upper half of the Wild and Scenic Reach by approximately 30 percent and represents a four fold increase in the upper seven miles where most of the spring chinook spawn. Fish passage alternatives would be of limited benefit to some anadromous fish species, but of little or no benefit to Pacific lamprey and other aquatic and riparian-dependent wildlife. Predation in the reservoir and entrainment at the dam will be eliminated with the removal of Soda Springs dam, as will poor reservoir conditions that expose smolts to disease risks. Removal will also restore delivery of sediment and large woody debris from Fish, Slide, and Medicine Creeks to the Wild and Scenic Reach of the North Umpqua River. The coarse sediment and large woody material from Fish Creek, in the Western Cascades geomorphic province, plays an important role in the ecological integrity of that reach. Restoring these regimes in a high priority management objective. North Umpqua Hydroelectric Project, No. 1927 Conservation Groups’ Comments and Recommendations 17 We recognize that removal of Soda Springs dam will have some short-term adverse effects on downstream aquatic resources due to the release of sediments currently trapped behind the dam. However, scientific analysis has concluded that the long-term benefits to be gained by removal will outweigh the short-term effects such as increases in turbidity, suspended sediment, and fine sediment deposition. Ultimately, removal is expected to provide positive benefits to aquatic species and water quality and create sediment and turbidity regimes in the mainstem North Umpqua River that more closely approximate natural conditions. At 11 megawatts, the Soda Springs powerhouse is the smallest unit in the project and on average, it produces only about 7 percent of the total energy from the Project. The Soda Springs dam also aids in reregulating flows so that the peak power production from the project can be increased from 57 percent to 68 percent of the energy. The reregulation does not change the total energy production and the economic value of the Project is still very favorable without reregulation by Soda Springs Dam. E. Restoration of Mainstem Connectivity at Slide Creek Dam Within five years of license issuance, a Technical Committee comprised of the license holder, appropriate federal and state agencies, and non governmental organizations shall determine whether effective upstream and downstream fish passage should be provided at Slide Creek Dam, dependent upon an evaluation of and determination that there has been sufficient recovery of habitat conditions in the Toketee bypass reach to warrant passage. Within one year of a determination to provide passage, PacifiCorp shall complete all necessary study and design work, permitting, and construction of passage facilities. Concurrent with provision of passage, PacifiCorp shall construct tailrace barriers at Toketee and Fish Creek powerhouses. If a determination is made that fish passage is not warranted, North Umpqua Hydroelectric Project, No. 1927 Conservation Groups’ Comments and Recommendations 18 PacifiCorp shall contribute an additional $5million to the Habitat Restoration Fund outlined below. Rationale: Passage at Slide Creek Dam will provide several species of anadromous fish access to 1.4 miles of potentially very high quality mainstem spawning, adult holding, and juvenile rearing habitat. In addition to increasing production, providing passage will fully restore anadromous fish to their historic range. The absence of a reservoir behind this relatively low dam, in conjunction with its engineering design, suggests that simply providing effective fish passage would be of substantial benefit. This is in contrast to Soda Springs Dam where both the dam and reservoir cause significant adverse impacts to water quality, anadromous fish habitat, and watershed processes. Passage should not be restored until after the habitat quality in the Toketee bypass reach has been restored and the Technical Committee has determined that passage is warranted. Restoration of the presently degraded habitat will be dependent on effective restoration of sediment and flow regimes in the that reach. F. Aquatic and Riparian Connectivity 1. PacifiCorp shall: (a) reconnect the following areas such that upstream and downstream movement of aquatic and riparian organisms is unimpaired and that flow, sediment, and large wood regimes are fully restored: (1) Bear Creek to the Clearwater River; (2) the Clearwater River to the North Umpqua River below Toketee Dam; (3) Warm Springs Creek and Riparian Reserve corridor with the North Umpqua River (b) modify the powerhouse and canal at Clearwater No.2 to functionally reconnect Mowich Creek and the Riparian Reserve corridor to the Clearwater River (c) remove the diversions on Mill, Helen, Karen, Spotted Owl, Thorn, White Mule, Potter, and Deer Creeks. North Umpqua Hydroelectric Project, No. 1927 Conservation Groups’ Comments and Recommendations 19 (d) restore riparian reserve habitat and connectivity in small tributaries and headwater streams within the Project area as more fully described in EIA Module 1A, 1B, and 7 attached hereto. 2. PacifiCorp shall: (a) maintain the existing Fish Creek ladder to ensure its effectiveness (b) develop and implement the appropriate measures, in consultation with federal and state fish agencies, to reduce entrainment at the Fish Creek intake (c) conduct a study to determine the appropriate modifications of the Fish Creek facility to ensure that coarse sediment is delivered down Fish Creek as opposed to being trapped behind the current structure and implement such modifications within two years of license issuance (d) conduct a study of entrainment of Pacific lamprey and other anadromous fish concurrent with removal of Soda Springs dam and determine, in consultation with a Technical Committee comprised of the license holder, appropriate federal and state agencies, and non governmental organizations, what, if any, additional measures are required to reduce entrainment. Rationale: Aquatic and riparian connectivity is important for maintaining healthy populations of species across a landscape. Reconnection of tributary streams and restoration of riparian reserve habitat and connectivity will provide increased flows, restoration of the sediment regime, and improved mobility of aquatic and riparian species, mitigating for some of the effects of the Project. North Umpqua Hydroelectric Project, No. 1927 Conservation Groups’ Comments and Recommendations 20 G. Habitat Restoration and Enhancement 1. Large Woody Debris Management Plan Within nine months of license issuance, PacifiCorp shall file for Commission approval a large woody debris management plan intended to restore the natural large wood regime to the extent possible. This plan may be modified upon removal of Soda Springs Dam, at which time it is anticipated that the restoration of the large wood regime in the lower part of the river would occur. The plan shall include a monitoring program to determine the effectiveness of the large woody debris transport program. PacifiCorp shall develop the plan in coordination with an Aquatics Technical Team consisting of representatives from federal and state agencies and non governmental organizations. Rationale: Project facilities have altered the delivery, transport, and retention of large wood within and below the Project. Restoration of this important watershed process is needed. 2. Mitigation for Inundated Wetland and Riverine Habitats Within one year of license issuance, PacifiCorp shall file for Commission approval a site plan for creation and improvement of at least eight wetlands within or in the immediate vicinity of the Project areas as set forth as condition #7 in the attached EIA Module 2 (1/26/01 draft). Rationale: Lemolo reservoir, Toketee reservoir, Stump reservoir and Lemolo No.2 forebay inundate and occupy about 3 miles of stream and riparian habitat and at least 30 to 50 acres of what historically was unique wetland habitats. There is currently little, or no, stillwater habitat associated with the reservoirs that is suitable and is isolated from predation by nonnative brown and brook trout. Habitat restoration and creation is an effective means of North Umpqua Hydroelectric Project, No. 1927 Conservation Groups’ Comments and Recommendations 21 mitigating a portion of the habitat losses and alterations due to the presence of the dams and reservoirs. The creation and restoration of wetlands habitat will restore and maintain the ecological health of the watershed and physical and biological processes necessary for aquatic and riparian-dependent species. H. Water Quality 1. PacifiCorp shall implement the instream flow regime outlined above concurrent with license issuance. 2. PacifiCorp shall make the necessary modifications and operational changes to reduce total dissolved gas levels at the Lemolo No. 1, Lemolo No.2, Clearwater No. 1, and Clearwater No. 2 powerhouses according to a schedule developed by the Oregon Department of Environmental Quality. Changes will be accompanied by the appropriate monitoring to demonstrate how the modifications have brought the Project into compliance with total dissolved gas criteria. 3. PacifiCorp shall develop and implement a plan to address progressive eutrophication in the North Umpqua basin according to a schedule developed by the Oregon Department of Environmental Quality. 4. PacifiCorp shall implement all measures required pursuant to the Clean Water Act section 401 certification process. 5. PacifiCorp shall develop and implement a long-term, comprehensive monitoring program to ensure that water quality standards are being achieved and adverse trends in water quality are being addressed through protection, mitigation, and enhancement measures. PacifiCorp must establish permanent water quality monitoring sites above, below, and within the Project Rationale: North Umpqua Hydroelectric Project, No. 1927 Conservation Groups’ Comments and Recommendations 22 The existing project and operations contribute to exceedences of several water quality standards within the Project area. These must be addressed to bring the Project into compliance with applicable water quality standards. The existing flow regime contributes to water quality problems throughout the project area and therefore, improving flows is a high priority mitigation measure. Sufficient flows are necessary to address temperature, dissolved oxygen, pH, and other related water quality problems in numerous stream reaches in the Project area. Also, powerhouse operations contribute to exceedences of total dissolved gas standards in several locations. I. Erosion Control Plan PacifiCorp shall implement Alternative 3 – Partial Pipe Burial as described in the August 14, 1998 Response to FERC Additional Information Request (AIR) Letter dated March 16, 1998, Volume 2 of 4 (incorporated herein by reference). Rationale: Project induced mass wasting, particularly along the Fish Creek, Clearwater No.2, and Lemolo No.2 waterways has significantly and adversely affected the ecological integrity and functioning of the impacted watersheds. Studies were begun in 1992 and supplemented in subsequent years to identify and prioritize existing and potential erosion sites within the Project area. Each of the identified erosion sites were assigned to one of five categories based on the risk they pose to environmentally sensitive areas. In response to a March 16, 1998 AIR from FERC, alternatives for stabilizing the prioritized sites were developed. Alternative 3 (Partial Pipe Burial) as described in the August 14, 1998 response would replace selected segments of Lemolo No.2, Clearwater No.2, and Fish Creek canals with buried steel pipeline. Reconstructing these waterways using buried pipe would greatly reduce, but not completely, eliminate, waterway failures. North Umpqua Hydroelectric Project, No. 1927 Conservation Groups’ Comments and Recommendations 23 J. Terrestrial Habitat Connectivity and Entrapment 1. Within 7 years of license issuance, PacifiCorp shall restore habitat connectivity in the terrestrial habitat priority 1 area (areas 1 through 4 of Figure 6, EIA Module 1A) to allow continuous unencumbered wildlife movement and other ecological processes by either covering, burying, or elevating canals and flumes along the waterway system as more fully described in Condition 1, page 26 of the EIA Module 1A attached hereto. 2. Within 7 years of license issuance, PacifiCorp shall restore 18 priority 1 Riparian Reserves in terrestrial areas 5 through 10 to provide full corridor connectivity as more fully described in Condition 2, page 26 and Condition 4, page 27 of EIA Module 1A attached hereto. 3. Within 15 years of license issuance, PacifiCorp will place twelve foot wide wildlife bridges over gunnite canals in between the restored priority 1 Riparian Reserves in terrestrial areas 5 through 10 where needed to meet a frequency of crossings every 400 feet as more fully described in Condition 5, page 27 of EIA Module 1A attached hereto. 4. Within 7 years of license issuance PacifiCorp shall reconnect stream channel and bank habitat for those road/stream crossings identified as a connectivity problem (Table 2, page 24) as more fully described in Condition 6, page 27 of the EIA Module 1A attached hereto. Rationale: Wildlife habitats and connectivity have been extensively altered in the upper North Umpqua watersheds due to hydroelectric project facilities and other activities. The main features of the Project affecting connectivity, in order of impact, are: canals, flumes, dams, and diversion structures; forebays and reservoirs; penstocks; transmission lines; projects roads. The proposed actions chiefly address the first two categories of impacts, which have the most dramatic effects, by restoring connectivity and ecological function in priority areas, as more fully described in the EIA Module 1A attached hereto. North Umpqua Hydroelectric Project, No. 1927 Conservation Groups’ Comments and Recommendations 24 K. Habitat Restoration/Mitigation Trust Fund Within one year of license issuance, PacifiCorp should establish a mitigation trust fund in the amount of $3 million for on site mitigation to address ongoing impacts that cannot be mitigated for through other changes in the Project operation or structure. Funds shall be directed to habitat enhancement and restoration efforts throughout the license term. These funds should be managed by a Technical Committee comprised of the license holder, state and federal agencies, and non-governmental organizations. Monies from this fund shall be used solely for actual mitigation projects rather than to cover administrative and organizational costs. Rationale: As noted above, PacifiCorp’s hydropower Project has significant impacts on fish and wildlife, water quality, and numerous other resource areas in the North Umpqua basin. Although implementation of the above recommended mitigation measures will decrease the Projects impacts and increase protection of the affected resources, there are many impacts that will continue as long as the Project is in place. These include juvenile mortality caused by Project operation, entrainment of fish and other aquatic organisms at all the projects, altered sediment and large wood regimes, and loss of wetland habitat. The loss of quality habitat is one of the major factors for decline of native fish and wildlife in the Northwest. Continued operation of the North Umpqua Hydroelectric Project will result in ongoing loss, degradation, and fragmentation of habitat for the term of the next license. Habitat restoration, protection, and enhancement measures provide an effective means to mitigate for those adverse effects. Further, continued habitat restoration efforts are essential to the success of the anadromous fish reintroduction program. An adequate restoration and enhancement program is necessary to restore the biological integrity of the North Umpqua system as well as improve the possibility for successful reintroduction. PacifiCorp should fund mitigation that addresses these ongoing impacts. North Umpqua Hydroelectric Project, No. 1927 Conservation Groups’ Comments and Recommendations 25 L. Project Decommissioning Fund PacifiCorp must establish a Project Decommissioning Fund to assist in the removal of the Project in the event it is no longer in the public interest. Rationale: A dam decommissioning fund is an essential element of a new license issued for the North Umpqua Hydroelectric Project. Due to a range of factors including increased sedimentation and development of less damaging renewable energy sources, removal of some or all of the Project may eventually become necessary. Given the inherently non-permanent nature of hydropower projects, PacifiCorp must be financially capable of removing the dams once they have outlived their purposes and/or lifespan. Such a fund could be established in a number of ways. However it is created, it should be sufficient to cover the cost of decommissioning/removal when the Project is no longer in the public interest and to restore the impacted environment. M. License Reopener The license should include a standard reopener clause to allow for changes to the license should it prove inadequate to comply with legal obligations. In particular, there should be a fish and wildlife reopener clause in the event that protection, mitigation, and enhancement measures do not achieve performance criteria. It should allow the license to be reopened in order to incorporate new protection, mitigation, and enhancement measures. Rationale: License reopeners are necessary to address a range of changed conditions, including additional information, and provide a means to modify protection, mitigation, and enhancement measures as necessary. A project as complex as the North Umpqua Hydroelectric Project may require additional measures/modifications during the term of the North Umpqua Hydroelectric Project, No. 1927 Conservation Groups’ Comments and Recommendations 26 license to ensure that the substantial effects of the Project are adequately mitigated. A mechanism must exist to allow such changes. N. Oversight/Management Within one year of license issuance, PacifiCorp must submit for Commission approval a monitoring plan that evaluates the status of the resources for which it is mitigating as well as the progress and results of programs undertaken to mitigate environmental impacts of the Project. PacifiCorp shall file annual reports with FERC on the results of the monitoring program and the status of protection, mitigation, and enhancement measures. Where a given program is determined to have insufficient success, current approached must be reevaluated and alternatives implemented. Development of the plan, evaluation of results, and subsequent modifications should be done through an Adaptive Management Committee consisting of representatives from PacifiCorp, state and federal agencies, and non governmental organizations. Rationale: The North Umpqua Hydroelectric Project is a complex project with numerous impacts on environmental resources in the North Umpqua basin. Accordingly, there needs to be a mechanism to ensure that efforts to mitigate the impacts of the Project and bring it into compliance with current environmental standards are successful and will be sufficient for the term of the license. If the measures are insufficient, changes must be implemented to meet resource goals. III. CONCLUSION The Conservation Groups believe that the preceding conditions will help to restore balanced operation of the North Umpqua Hydroelectric Project to benefit all aspects of the public interest. We respectfully request that the FERC analyze these conditions in its North Umpqua Hydroelectric Project, No. 1927 Conservation Groups’ Comments and Recommendations 27 environmental analysis and incorporate them into any license issued for the North Umpqua Hydroelectric Project, No. 1927. Dated this ____ day of February 2001. __________________________ Brett Swift American Rivers 133 SW Second Ave., Suite 302 Portland, Oregon 97204 __________________________ Doug Heiken Oregon Natural Resources Council P.O. Box 11648 Eugene, Oregon 97440 __________________________ Penny Lind Umpqua Watersheds P.O. Box 101 Roseburg, Oregon 97470 __________________________ Diana Wales Umpqua Valley Audubon Society 318 SE Jackson Roseburg, Oregon 97470 __________________________ Ken Ferguson Steamboaters 423 Winchester Street Roseburg, Oregon 97470 __________________________ Jim Myron Oregon Trout 117 SW Front Ave. Portland, Oregon 97204 North Umpqua Hydroelectric Project, No. 1927 Conservation Groups’ Comments and Recommendations 28 __________________________ Karen Russell WaterWatch of Oregon 213 SW Ash, Suite 208 Portland, Oregon 97204 ___________________________ David Bayles Pacific Rivers Council PO Box 10798 Eugene, Oregon 97440 North Umpqua Hydroelectric Project, No. 1927 Conservation Groups’ Comments and Recommendations 29