20161027-3010 FERC PDF (Unofficial) 10/27/2016 FEDERAL ENERGY REGULATORY COMMISSION Washington, D.C. 20426 October 27, 2016 OFFICE OF ENERGY PROJECTS Project No.12965-002-Oregon Wickiup Dam Hydroelectric Project Wickiup Hydro Group LLC Overnight Mail Bridget Moran, Field Supervisor U.S. Fish and Wildlife Service 63095 Deschutes Market Road Bend, Oregon 97701 Reference: Request for Formal Consultation under the Endangered Species Act Dear Ms. Moran: As required by section 7 of the Endangered Species Act, I'm requesting formal consultation with your office on the licensing of the proposed Wickiup Dam Hydroelectric Project (project). The project would be located at the existing Bureau of Reclamation Wickiup Dam on the Deschutes River near the city of La Pine in Deschutes County, Oregon. We address the project's effects on the Oregon spotted frog (Rana pretiosa) and its critical habitat in our supplemental biological assessment (Attachment A). We conclude that licensing the project with our recommended measures and the mandatory conditions, would be likely to adversely affect the Oregon spotted frog and its designated critical habitat. Please give us your biological opinion on our findings no later than 135 days from receipt of this request, as required by 50 CFR § 402.14(e). If we don't hear from you within 30 days, we will assume that you have sufficient information to initiate consultation and will provide us with your biological opinion by Monday, March 13, 2017. Any requests for extensions of time should be submitted to the Commission and the applicant in a timely manner that allows for sufficient time for a mutual agreement to extend the 90-day formal consultation period as per section 402.14(e) of your regulations. 20161027-3010 FERC PDF (Unofficial) 10/27/2016 P-12965-002 2 Should you need to informally discuss concerns before making your determination, please contact Karen Sughrue at (202) 502-8556 to indicate your interest in initiating a teleconference with all parties on this issue. The Commission strongly encourages electronic filing. Please file your response using the Commission’s eFiling system at http://www.ferc.gov/docs-filing/efiling.asp. For assistance, please contact FERC Online Support at [email protected], (866) 208-3676 (toll free), or (202) 502-8659 (TTY). In lieu of electronic filing, please send a paper copy to: Secretary, Federal Energy Regulatory Commission, 888 First Street NE, Washington, D.C. 20426. The first page of any filing should include docket number P-12965-002. If you have any questions, please contact Karen Sughrue at (202) 502-8556 or at [email protected]. Sincerely, David Turner, Chief Northwest Branch Division of Hydropower Licensing Attachment A - Supplemental Biological Assessment cc: Public Files Service List 20161027-3010 FERC PDF (Unofficial) 10/27/2016 ATTACHMENT A SUPPLEMENTAL BIOLOGICAL ASSESSMENT Wickiup Dam Hydroelectric Project P-12965-002 Oregon Federal Energy Regulatory Commission Office of Energy Projects Division of Hydropower Licensing Washington, DC October 2016 20161027-3010 FERC PDF (Unofficial) 10/27/2016 P-12965-002 Attachment A 1.0 BACKGROUND On March 25, 2011, Wickiup Hydro Group, LLC (Wickiup Hydro) filed an application for an original license with the Federal Energy Regulatory Commission (Commission) to construct, operate, and maintain the proposed 7.15-megawatt (MW) Wickiup Dam Hydroelectric Project (project). The project would be located at the existing U.S. Department of Interior, Bureau of Reclamation’s (Reclamation) Wickiup Dam on the Deschutes River near the city of La Pine in Deschutes County, Oregon. The proposed project would occupy 1.02 acres of federal lands within the Deschutes National Forest managed jointly by Reclamation and the U.S. Department of Agriculture, Forest Service (Forest Service). The downstream portion of the proposed project boundary would be located about 330 feet upstream of the Upper Deschutes Wild and Scenic River (WSR) boundary, which begins 740 feet downstream of Wickiup Dam and continues for 54 miles. The proposed project has the potential to affect the Endangered Species Act (ESA)-listed Oregon spotted frog (OSF) (Rana pretiosa) and its habitat, which is known to occur in the project area. On April 25, 2012, we requested the U.S. Fish and Wildlife Service’s (FWS) concurrence with our findings in the draft environmental assessment (EA) that constructing, operating, and maintaining the proposed project, with our recommended measures and all mandatory conditions, would have no effect on the bull trout, bull trout critical habitat, or northern spotted owl critical habitat, and that the project is not likely to adversely affect the northern spotted owl. In our November 2, 2012 final EA,1 we addressed the project’s potential effects on two threatened species: bull trout and northern spotted owl; and five candidate species: whitebark pine, North American wolverine, greater sage-grouse, yellow-billed cuckoo, and OSF. On August 29, 2013, FWS proposed to change the status of the OSF from a candidate for listing to threatened status. On October 30, 2013, in response to the change in status of the OSF, the Commission sent a letter to the FWS concluding that licensing the project, with the staff-recommended measures and mandatory conditions, is "not likely to jeopardize the continued existence of the Oregon spotted frog”. On December 5, 2013, the FWS responded stating that it concurred with our determination for the northern spotted owl.2 However, FWS stated that it disagreed with our conclusions 1 The final EA is available at: http://elibrary.ferc.gov/idmws/common/opennat.asp?fileID=13101876 2 For the bull trout, bull trout critical habitat, and northern spotted owl critical habitat, the FWS stated that it does not concur with “no effect” determinations but it 2 20161027-3010 FERC PDF (Unofficial) 10/27/2016 P-12965-002 Attachment A regarding the proposed project’s effects on the OSF, and recommended that the Commission work with the FWS to do additional analysis of the proposed project’s effects. FWS also indicated that its analysis of the project’s effects on the OSF could be affected by the applicant’s resolution of the issues raised in the Forest Service’s preliminary WSR Act section 7(a) determination for the project;3 therefore, FWS indicated that it could not make a final determination regarding the proposed project’s effects on the OSF until after the applicant and the Forest Service resolved the WSR issues. On August 29, 2014, the OSF was listed as a threatened species (FWS, 2014a). On April 26, 2016, the Forest Service filed its final WSR Act section 7(a) determination for the project that resolved the issues raised in the preliminary determination.4 On May 11, 2016, the FWS designated critical habitat for the OSF (FWS, 2016), and on August 1, 2016, we participated in a teleconference with the FWS to discuss its requested additional analysis of the proposed project’s effects on the OSF. This supplemental Biological Assessment (BA) evaluates the effects of the proposed action on the threatened OSF and its designated critical habitat, updating the analysis provided in the EA. 2.0 DESCRIPTION OF THE PROPOSED ACTION & ACTION AREA Project Description The proposed project would be located at Reclamation’s Wickiup Dam on the Deschutes River near the city of La Pine, Oregon, as shown in figure 1. does not have information that would differ from the Commission’s conclusions regarding these species and critical habitat. 3 On November 7, 2011, the Forest Service issued a preliminary determination under section 7(a) of the WSR Act that the project would unreasonably diminish the fishery and recreation resources of the Upper Deschutes Wild and Scenic River and should not be licensed as proposed. 4 The final section 7(a) determination concluded that the project as designed would not invade or unreasonably diminish the values of the WSR provided that the Forest Service’s final section 4(e) conditions filed on February 16, 2016, are included in the license. The Forest Service conditions are described in this BA as part of the proposed action. 3 20161027-3010 FERC PDF (Unofficial) 10/27/2016 P-12965-002 Attachment A Figure 1. Location of Wickiup Dam Hydroelectric Project (Source: Symbiotics, 2008, as modified by staff). 4 20161027-3010 FERC PDF (Unofficial) 10/27/2016 P-12965-002 Attachment A Wickiup Dam5 is operated as a water storage facility to provide irrigation releases to the Deschutes River for downstream diversion by the North Unit Irrigation District (North Unit). The project would use the dam’s existing reservoir intake structure and portions of the two existing 96-inch-diameter pipes that convey flows from the intake to the valve house. The two existing 96-inch-diameter pipes would be bifurcated upstream of the valve house and two new 75-foot-long, 96-inch-diameter penstocks, each with its own isolation valve, would be attached at each of the bifurcations. The two new penstocks would combine through a wye into a single 120- inch-diameter, 68-foot-long steel penstock to provide flows to the Kaplan-type turbine, installed in a new 50-foot by 50-foot concrete powerhouse located at the base of the dam on the northwest side of the concrete stilling basin. The proposed project would also consist of a concrete tailrace, an adjacent parking area, a transformer, a buried 135-foot-long, 29.4-kilovolt transmission line, and appurtenant facilities. The project would generate about 22,210 megawatt-hours per year. Proposed Project Operation The proposed project would operate in a run-of-release mode, using flows released from Wickiup Dam by Reclamation for North Unit’s irrigation deliveries and other downstream purposes. Therefore, it would not alter the timing or quantity of water released by Reclamation at the dam.