Final License Application
[Licensees revised text following discusions during 6/15/17 WebEx][SE1]
E.7.10.21Measure[LB2] 21: Limit Project-Related Activities During Willow Flycatcher Breeding Season [HT-3]
The Licensees shall avoid conducting Project activities within 350 ft of known nests and suitablewillow flycatcher nesting habitat (RDS) during the breeding season of June 1 through August 31. This includes any Project activities which have the potential to disrupt actively nesting willow flycatcher, as determined by a qualified biologist, including such as helicopter use, blasting, tree-felling, jackhammering, recreational facilities maintenance, and/or otheroperations and maintenance (O&M) activities.
If Project activities cannot be avoided within 350 ft of a known willow flycatcher nest or suitablenesting habitat during the breeding season, then Licensees shall conduct protocol-level pre-construction surveys for nesting willow flycatcher and establish a 350 ft protective buffer around occupied active nests.Project activities will not commence within 350 ft of an occupied active nest any sooner than August 31 unless Licensees can confirm that either: (1) the nest successfully fledged young or (2) the nest is unoccupied or failed, and early commencement of activities has been approved by the CDFW, Forest ServiceUSFS, and USFWS.
The Licensees will confershall notify with CDFW, Forest ServiceUSFS, and USFWS to identifyprior to conducting potentially disruptive activities (e.g., helicopter hovering, blasting, tree-felling, and/or jackhammering) during the nesting season that may require a larger buffer than 350 ft and to address situations in which Project activities and to address situations in which these activities cannot be avoided within a 350 ft buffer of a known willow flycatcher nest during their breeding season.[LB4]
The Licensees shall notify[LB5] CDFW, Forest Service, and USFWS prior to conducting potentially disruptive activities during the nesting season that may require a smaller buffer than 350 ft. Licensees shall provide each agency with 60 days, if feasible, or as soon as possible, to provide an opportunity to comment prior to implementation. The Licensees shall provide a qualified biologist to monitor active nests sites during Project activities which require a buffer. The qualified biologist shall monitor active nests for at least two days at the onset of each phase of work activity (e.g., involving new equipment or different activity) to determine if the buffer is adequate based on the behavior of the birds. The qualified biologist shall have the authority to order the cessation of Project activites if nesting pairs and/or their young exhibit signs of disturbance. If the qualified biologist determines the implemented buffer is not adequate, the buffer may be increased to a sufficient distance or work may be delayed, based on the bird’s bevavior. The Licensees shall notify CDFW, Forest Service, and USFWS[LB6] of the revised buffer. The Licensees shall contact CDFW, Forest ServiceUSFS, and USFWS to revise the work buffer if the qualified biologist determines the implemented buffer is not adequate.
The Licensees will confer with CDFW, USFS, and USFWS to identify potentially disruptive activities (e.g., helicopter hovering, blasting, tree-felling, and/or jackhammering) and to address situations in which these activities cannot be avoided within a 350 ft buffer of a known willow flycatcher nest during their breeding season.
RationaleforMeasure: The only location in the vicinity of the Project where nesting willow flycatchers have been found (historically and most recently in 2015) is Haskins Valley. During the term of the new license, O&M activities could occur within the FERC Project Boundary, including recreation facility upgrades or heavy maintenance (e.g., replacement or upgrade of existing infrastructure) at the Haskins Valley Boat Launch and Campground. These Project facilities are located west of Bucks Lake Road, but are within 200 feet of willow flycatcher nesting habitat in Haskins Valley. In[LB7] addition, known occupied and all suitable willow flycatcher habitat will be surveyed to protocol prior to disruptive activities and thus Implementation of clearance preconstruction surveys and observance of the exclusion zone thresholds and schedule would minimize potentially adverse effects to willow flycatchers from O&M activities on Project lands adjacent to Haskins Valley.
December 2016Page 1Exhibit E
Bucks CreekHydroelectric Project, FERC Project No. 619
©2016, Pacific Gas and Electric Company
and the City of Santa Clara
[SE1]PG&E review; send via email
[LB2]PG&E accepted agency edits received on 9-20-17 and added responses and/or additional suggested edits as applicable per 9-21-17 meeting.
[HT-3]All suitable WIFL habitat within the project should be surveyed annually and if birds or active nests are found then this PME measure applys.
[LB4]Moved this to the next paragraph, but we may want to arrange this differently?
[LB5]Changed based on 9-21-17 meeting.
[LB6]Would all agencies want to be notified?
[LB7]Preconstruction surveys will be conducted as described in the measure.