OCRed excerpt from ENVIRONMENTAL ASSESSMENT FOR HYDROPOWER LICENSE, Kern River No. 3 Hydroelectric Project, FERC Project No. 2290, California.

Comments must be postmarked no later than November 22, 1996 to be considered. Comments should be directed to:

Forest Supervisor
Attn: Erik Ostly
Sequoia National Forest
900 West Grand Avenue
Porterville, CA 93257-2035

(This transcribed document may contain errors not found in the original document.)

3. Mandatory Requirements

Because the project occupies lands of the Sequoia National Forest (SQF), the FS has authority to impose conditions under Section 4(e) of the FPA. The FS provided its draft final Section 4(e) conditions on November 29, 1995. The FS intends to provide final Section 4(e) conditions within 45 days of completion of the final EA. FS draft final Section 4(e) conditions for the Kern River No. 3 Project are as follows.

  1. Receive FS approval for all final design plans for project components the FS deems as affecting or potentially affecting National Forest System resources.
  2. Receive FS approval for making any changes in the location of project features or facilities or in the use of project land or waters or any departure from the requirements of any approved exhibits filed with the Commission.
  3. Consult with the FS each year with regard to measures needed to ensure protection and development of the natural resource values of the project area.
  4. Maintain specific minimum instream flows (MIFs) for fisheries. Provide 35 cfs diverted at Fairview Dam for the CDFG's downstream fish hatchery.
  5. Implement a sandbox flushing regime as specified in the Section 401 WQC.
  6. Monitor fish populations at five specified river locations.
  7. Adhere to proposed guidelines for spotted owl management and transmission corridor management.
  8. Ramp the project no more than 50 cfs per half hour and, at all times, limit reductions in flow to no more than 30 percent of existing flows per half hour.
  9. Temporarily close Fairview Dam fish ladder facilities for protection of Kern River rainbow trout.
  10. Construct a minimal impact portage around Fairview Dam.
  11. Provide as supplemental whitewater flows in the bypassed reach all flows between 700 cfs and 1,100 cfs each day between May 15 and July 15.
  12. Improve the grade and surface of the whitewater boating put- in and take-out facilities within the Thunderbird Dispersed Camping Area.
  13. Convert the Thunderbird Dispersed Camping Area into two group campsites that are universally accessible.
  14. Modify several sites within the Hospital Flat Campground to be universally accessible.
  15. Modify three sites within the Fairview Campground and a river trail to be universally accessible.
  16. Implement an erosion control and road closure plan.
  17. Prepare a solid waste and waste water plan, hazardous substance plan, spoil disposal plan, and visual resource protection plan.
  18. Implement measures to protect sensitive, threatened, and endangered species, if found.
  19. Other conditions that pertain to FS approval of plans and construction, maintenance and improvement of roads, fire suppression, protection of U.S. property, site restoration, fee payments, project safety, water pollution, pesticide use restrictions, liability, signage, access, and construction stipulations.

The Settlement Agreement and the MOU are provided as the FS's Section 4(e) conditions for fishery resources (MOU, 1995) . The FS's draft final Section 4(e) conditions relating to minimum instream flows (Condition 4) and fish monitoring (Condition 5) are described in the Settlement Agreement and MOU.