Subject: Lower Yuba River Salmon Kill - YCWA Out of Control!!!
Date: Wed, 01 Sep 1999 17:11:18 +0000
From: BOB BAIOCCHI <cspa@psln.com>
Organization: CSPA
To: email list

CALIFORNIA SPORTFISHING PROTECTION ALLIANCE
P.O. BOX 357
QUINCY, CA 95971

Mr. J. Mark Robinson, Director September 1, 1999
Compliance and Administration
Federal Energy Regulatory Commission
888 First Street, N.E.
Washington, D.C. 20426

Mr. Noel Folsom, Regional Director
Federal Energy Regulatory Commission
San Francisco Office
901 Market Street, Room 350
San Francisco, CA 94103

Re: Chinook Salmon Kill; South Yuba River; FERC Project No. 2246; Yuba
County Water Agency, Licensee; State of California; Request for
Investigation by the California Sportfishing Protection Alliance

By Fax Communication and First Class Mail

Dear Gentlemen:

The California Sportfishing Protection Alliance hereby request the
Federal Energy Regulatory Commission to investigate the following matter
concerning adverse impacts to chinook salmon species in the Lower Yuba
River as a result of the operation of FERC Project 2246. The licensee
for FERC Project 2246 is the Yuba County Water Agency.

The California Sportfishing Protection Alliance (hereinafter known as
"CSPA") has a history of filing formal complaints, motions to intervene,
comments, and other written actions with the Commission. The CSPA
submits the following:

On Sunday, August 29, 1999 four witnesses floated the lower Yuba River
from Parks Bar (Put-in 9:00 AM) to
Hallwood Avenue takeout (3:30 PM). The trip was video taped and
photographed extensively. It was agreed by the witnesses that it was
one of the most depressing days they have ever spent on the Lower Yuba
River.

On August 29, 1999 the Yuba County Water Agency lowered releases from
New Bullards Bar to accomodate an impending "rewind" of the Narrows 2
powerplant facility at Englebright Dam. River levels as measured at
Smartville gage dropped from 9.77 feet (2790 cfs at 2:00 AM) to 8.96
feet (2080 cfs at 8:00 AM.).

Little lead time was given to the CSPA, other organizations, or state
and federal agencies (a project description was not made available until
August 10, 1999 despite assurances that one would be made available
sooner).

However, CSPA and other organizations have committed to intense
monitoring of this situation and will have volunteer river monitors
float this stretch of river on a daily basis.

A report to the Commission from August 29, 1999:

1. Numerous side channels and pools (in excess of 16) between Parks Bar
and Daguerre Dam will be emptied or cut-off as flows are reduced to
target levels;

2. A very large mass of salmon are in the pool immediately below
Daguerre Dam.

3. Passage at the south ladder on Daguerre Dam is virtually
non-existent. The exit is into a standing pool (about 30 feet by 10
feet) and the exit is not visible through the algea, beer cans and oil
containers. The only way out of the standing pool is a 6 foot wide
passage immediately at the dam that was no more than ankle deep. It
will be certainly cut off with reduced flows. Riverkeepers dropped mud
in front of the ladder exit and no visible flow was witnessed.

4. The situation at the North ladder is even more disturbing (hard to
believe). Some small percentage of salmon are
finding their way up the north ladder although none were witnessed doing
so in the 75 minutes the witnesses were there -- despite the obvious
presence of large numbers in the pool below dam.

The few salmon that do pass are sitting in a pool immediately above the
north ladder. The Hallwood Diversion (which this morning is still
pulling 316 cfs) sits immediately river right and is the most
substantial flow in this area. Upstream there is little (if any at all,
realistically) chance of passage out of this holding pool into the
river. A large sandbar blocks most flow to the north ladder. A small 15
foot wide break in the sandbar about 30 yards upstream is the only
viable escape -- this route is currently about 4 inches deep and will be
entirely cut off with reduced flows.

The only other viable escape into the river is if the salmon were to
traverse the top of the dam to mid river (about 50 - 60 yards) and turn
due left upstream. This would be a neat trick, but it did not happen
while the witnesses watched, despite the fact that the witnesses
attempted to move the salmon upstream by tossing rocks in the river (the
salmon scattered and then returned to the area immediately above the
ladder within moments).

What this means is that the few salmon making it above Daguerre are --
for all intents and purposes -- trapped. As
flows are reduced, even the small break in the sandbar will become
entirely unutilizable for passage. The situation is
desperate: as flows are reduced, more salmon will move up the ladder
(presumeably), but there will be no reasonable
connectivity with the river.

The witnesses had one 10-year old child with them; the child was moved
to crying about the situation, and I must admit the adults were as well.

5. The Lower Yuba River sustains spring-run chinook species and their
habitat. Shortly spring-run chinook salmon are being proposed for
listing by the U.S. National Marine Fisheries Service under the
protection of the provisions of the federal Endangered Species Act.

Some spring-run chinook salmon may have been harassed and jeopardized
as a result of the dewatering of the Lower Yuba River by Yuba County
Water Agency.

6. The Lower Yuba River also sustains federally listed steelhead species
and their habitat. Lower Yuba River steelhead were listed as threatened
under the protection of the provisions of the federal Endangered Species
Act.

Some threatened Lower Yuba River steelhead may have been among the
salmon species observed by witnesses and may have been harassed and
jeopardized as a result of the dewatering of the Lower Yuba River by
Yuba County Water Agency.

7. The Lower Yuba River also sustains fall-run and late fall-run chinook
species and their habitat. Fall-run and late-fall run chinook salmon
species are being considered for listing by the U.S. National Marine
Fisheries Service under the protection of the provisions of the federal
Endangered Species Act.

Fall-Run Chinook salmon likely were the majority of the races of salmon
harassed and jeopardized as a result of the dewatering of the Lower Yuba
River by Yuba County Water Agency.

8. On Thursday, September 2, 1999, Yuba County Water Agency proposes to
drop the flows in the lower Yuba River to 700 cfs for a three (3) month
period during the length of the salmon spawning season. Based on the
impacts to the salmon fishery of August 29, 1999, there will be
additional adverse impacts to chinook salmon species and threatened
steelhead in the Lower Yuba River resulting from dropping the flows to
700 cfs.

9. The U.S. National Marine Fisheries Service and the U.S. Fish and
Wildlife Service expressed serious concern regarding impacts on chinook
salmon and listed steelhead when they reviewed the project description
for the subject project.

10. The Commission has entered into informal consultation with the U.S.
National Marine Fisheries Service regarding all of the FERC licensed
projects in the Yuba River watershed. The Commission designated Yuba
County Water Agency as its non-federal representative. We serious
question why the Commission designated the Yuba County Water Agency as
the non-federal representative when they are damaging and planning to
damage the public trust salmon and threatened steelhead fisheries of the
Lower Yuba River. Yuba County Water Agency ignored the concerns of the
U.S. National Marine Fisheries Service and the U.S. Fish and Wildlife
Service, and we therefore question why Yuba County Water Agency was
selected by the Commission as such. We are requesting a formal
explanation from the Commission regarding this matter.

11. Did the Federal Energy Regulatory Commission approve the project?

12. Did the Federal Energy Regulatory Commission provide public notice
for said project?

13. Did the Federal Energy Regulatory Commission allow for formal
written comments from interested parties and the public regarding the
project?

14. Did the Federal Energy Regulatory Commission prepare a NEPA document
which disclosed, evaluated, and mitigated the direct, indirect, and
cumulative adverse effects to listed threatened steelhead, and also all
races of chinook salmon and other fish species resulting from the
project?

15. Did the Federal Energy Regulatory Commission formally consult with
the U.S. National Marine Fisheries pursuant to the provisions of the
federal Endangered Species Act regarding the project and the effects to
to listed threatened steelhead, and also all races of chinook salmon and
other fish species resulting from the project?

16. Did the U.S. National Marine Fisheries Service prepare a
Biologically Opinion (BO) for said project, and was said BO submitted to
the Commission and incorporated into the mitigation measures to protect
listed threatened steelhead, and also all races of chinook salmon and
other fish species resulting from the project?

17. Did the Federal Energy Regulatory Commission require the Yuba County
Water Agency to obtain a "take permit" from the U.S. National Marine
Fisheries Service before the Commission approved the project.
18. The management of the Lower Yuba River and the effects to threatened
steelhead and all races of chinook salmon is highly controversial with
the public in the local area as well as in the regional area.

19. The FERC license for FERC Project 2246 should be amended and
modified so that the operations of FERC Project 2246 will not cause
adverse impacts, harm and jeopardy to threatened steelhead species and
other listed species, and also all races of chinook salmon species,
including American shad.

The CSPA respectfully request the Commission to investigate this matter
as soon as possible. The CSPA also respectfully request the Commission's
San Francisco Office to conduct an on-site visit as soon as possible.

Respectfully Submitted

SIGNED BY BOB BAIOCCHI
_____________________________________________
Robert J. Baiocchi, Consultant
For: California Sportfishing Protection Alliance
P.O. Box 357
Quincy, CA 95971
Bus Tel: 530-836-1115; Fax: 530-836-2062

Service List

The Secretary
Federal Energy Regulatory Commission
888 First Street, N.E.
Washington, D.C. 20426
(the original and 7 copies)

Regional Administrator, Long Beach Office
c/o Mr. Jim Bybee, Supervisor
U.S. National Marine Fisheries Service
777 Sonoma Avenue
Santa Rosa, CA 95404

Mr. Walt Pettit, Executive Director
California State Water Resources Control Board
P.O. Box 100
Sacramento, CA 95812-0100

Mr. Robert Hight, Director
c/o Mr. Ronald Remple, Deputy Director
California Department of Fish and Game
1416 Ninth Street
Sacramento, CA 95814

Mr. Harry Schueller, Chief
Division of Water Rights
State Water Resources Control Board
P.O. Box 2000
Sacramento, CA 95812-2000

Mr. Wayne White, State Supervisor
U.S. Fish and Wildlife Service
3310 El Camino Avenue, Suite 130
Sacramento, CA 95821-6240

Mr. Jim Steele
Habitat Conservation Branch
California Department of Fish and Game
1416 Ninth Street
Sacramento, CA 95814

Mr. Larry Sanders, Esquire
South Yuba River Citizens League
P.O. Box 841
Nevada City, CA 95959

Mr. Jim Crenshaw, President
California Sportfishing Protection Alliance
1248 East Oak Avenue, Suite D
Woodland, CA 95695

Dr. Mike Fitzwater
California Sportfishing Protection Alliance
16862 Pasquale Road
Nevada City, CA 95959

Mr. Dan McDaniel, President
Northern California Council Federation of Fly Fishers
1287 Greenley Way
Stockton, CA 95207

Interested Parties (Numerous)