HomeMy WebLinkAbout140922-ADFG_FERC_DI14-6 Comments
Department of
Fish and Game
DIVISION OF SPORT FISH
Research & Technical Services
333 Raspberry Road
Anchorage, Alaska 99518-1565
Main: 907.267.2294
Fax: 907.267.2422
September 22, 2014
Ms. Kimberly Bose, Secretary
Federal Energy Regulatory Commission
888 First Street
Washington D.C. 20426
Subject: MOTION TO INTERVENE and COMMENTS under DI14-6-000
Dear Ms. Bose:
On August 22, 2014, the Federal Energy Regulatory Commission (FERC) published notice of the filing
of a Declaration of Intention (DI) and solicited comments, protests, and motions to intervene under
DI14-6-000. Attached are the MOTION TO INTERVENE and COMMENTS of the Alaska Department
of Fish and Game (ADF&G) on the DI filed by the Pedro Bay Village Council, seeking a non-
jurisdictional determination for the proposed Knutson Creek Hydroelectric Project, located near Pedro
Bay, Alaska. ADF&G wishes to be involved in the Federal Energy Regulatory Commission licensing
process. I will serve as the primary department liaison and contact for review of this potential project.
Sincerely,
Monte D. Miller
Statewide FERC Hydropower Coordinator
Alaska Department of Fish and Game
Division of Sport Fish / RTS
333 Raspberry Road
Anchorage, Alaska, 99518-1565
(907) 267-2312
Copy: Joel Groves, Polarconsult Alaska, Inc.
John Baalke, Pedro Bay Village Council
Kate Harper, ADF&G
BEFORE THE
UNITED STATES OF AMERICA
FEDERAL ENERGY REGULATORY COMMISSION
_______________________________
In the matter of: )
)
Knutson Creek Hydroelectric Project )
Knutson Creek )
Pedro Bay, Alaska ) FERC Project No. DI14-6-000
ALASKA DEPARTMENT OF FISH AND GAME’S
MOTION TO INTERVENE
INTERESTS:
The Petitioner, the Alaska Department of Fish and Game (ADF&G), is the State of Alaska’s
principal manager of fish and wildlife resources and their habitats. ADF&G is mandated under
state law to “manage, protect, maintain, improve, and extend the fish, game, and aquatic plant
resources of the state in the interest of the economy and general well-being of the state . . .” (AS
16.05.020). Among the ADF&G’s various powers and duties are “to assist the United States Fish
and Wildlife Service in the enforcement of federal laws and regulations pertaining to fish and
game . . .” (AS 16.05.050), and protect fish habitat (AS 16.05.841 and AS 16.05.871).
Managing Alaska’s fish and wildlife resources and protecting the habitat that sustains them are
integral to the health of the state’s economy. Collectively, commercial, sport, and subsistence
fisheries generate over a billion dollars annually to the state’s economy. Following the oil
industry and government sector, these fisheries represent the third largest source of income to the
state’s economy. Tourism is the fourth largest industry in Alaska. Tourism depends, in part, on
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maintaining water-related recreational opportunities such as fishing, hunting, and sightseeing.
Accordingly, balancing development with maintaining the quality and quantity of aquatic and
terrestrial habitats are high priorities in Alaska.
The proposed Knutson Creek Hydroelectric Project would be located on state and private land at
Knutson Creek, near the unincorporated village of Pedro Bay, in the Lake and Peninsula
Borough of Alaska, and within T. 4S, R. 28W, Seward Median. The project proposes to divert
water from Knutson Creek, which is included in ADF&G's Catalog of Waters Important for
Spawning, Rearing or Migration of Anadromous Fishes 1 as stream number 324-10-10150-2301,
and is cataloged for sockeye salmon spawning and Dolly Varden passage and rearing. Both
humans and wildlife species rely on the fish from these water bodies as a food source. The
proposed access road, penstocks, pipelines, and power line corridors may also cross habitat used
by fish and wildlife.
PROJECT DESCRIPTION:
The July 21, 2014 Declaration of Intention (DI) states that the proposed project is a 200 kW run‐
of‐river hydroelectric project located on Knutson Creek approximately two miles north
northwest of the village of Pedro Bay, Alaska. The project would have approximately 224 feet
of gross head and 207 feet of net head at full design flow of approximately 20 cubic feet per
1 On February 17, 2000, FERC staff determined that the Catalog and its companion, Atlas to the Catalog of Waters
Important for Spawning, Rearing, or Migration of Anadromous Fishes (AWC), qualified as comprehensive plans for
Alaska pursuant to section 10(a)(2)(A) of the Federal Power Act. The catalog was most recently revised in 2014.
The current AWC reference is : Johnson, J. and J. Coleman 2014. Catalog of waters important for spawning,
rearing, or migration of anadromous fishes – Southwestern Region, Effective June 1, 2014. Alaska Department of
Fish and Game, Special Publication No. 14-05, Anchorage
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second (cfs). Annual generating capacity is estimated at 1,503,000 kWh. The proposed project
would include a diversion structure consisting of an approximately 7‐foot tall by 560‐foot long
combination reinforced concrete weir and rock faced earthen dike structure spanning the creek at
river mile 2.59; an intake structure sized to screen and admit water into the project works integral
to the reinforced concrete portion of the diversion structure; a penstock approximately 24‐inch
diameter by 7,100 foot long to convey water from the diversion to the powerhouse; a pipe and
trail bridge for the penstock crossing Knutson Creek at river mile 1.79; a powerhouse measuring
approximately 20 feet by 20 feet and housing a cross‐flow turbine coupled to a single phase
synchronous generator with switchgear, controls, and appurtenances; an approximately 1,400
foot long tailrace returning project water to Knutson Creek at approximately river mile 1.10; an
approximately 9,900 foot long buried single phase 7,200 volt electric cable to interconnect the
project with Pedro Bay’s existing electric distribution system; and access roads and trails
necessary to build, maintain, and operate the project. Power from this project would be used by
the residents of the city of Pedro Bay.
BASIS FOR MOTION:
As an affected interest and stakeholder, ADF&G requests the Commission to grant intervention
status in this license process. We request intervention status as part of the FERC licensing
process for insuring that project caused negative impacts to fish and wildlife resources will be
minimized and, where possible, avoided in accordance with our statutory mandates under AS
16.05.020, 16.05.050, 16.05.841, and 16.05.871 and other relevant provisions. By being granted
status as an intervenor, ADF&G has a greater opportunity to meet this mandate (in combination
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with our other functions under the Fish and Wildlife Coordination Act and other federal and state
laws).
SERVICE
ADF&G requests that subsequent filings, actions, and decisions in this proceeding be served on
the following representative:
Monte D. Miller
Statewide FERC Project Hydropower Coordinator
Alaska Department of Fish and Game
Division of Sport Fish, Research and Technical Services
333 Raspberry Road
Anchorage, Alaska 99518-1599
Phone: 907 267-2312
Fax: 907 267-2422
monte.miller@alaska.gov
CONCLUSION:
Based on the above rationale, ADF&G respectfully requests the Commission to grant this motion
for intervention. Thank you for your consideration of this request.
Sincerely,
Monte D. Miller
Statewide FERC Project Hydropower Coordinator
Alaska Department of Fish and Game
Division of Sport Fish / RTS
333 Raspberry Road
Anchorage, Alaska 99518-1565
(907) 267-2312
monte.miller@alaska.gov
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COMMENTS
Knutson Creek Hydroelectric Project
FERC Docket: DI14-6-000
Declaration of Intent (DI) Seeking a Project Non-Jurisdictional Determination
DI Review by ADF&G
September 19, 2014
On August 22, 2014, the Federal Energy Regulatory Commission (FERC) published that a
Declaration of Intention (DI) had been filed with the Commission under docket DI14-6-000, and
that a 30 day deadline had been established for filing of Comments, Motions to Intervene, and
Protests pursuant to Section 23(b)(1) of the Federal Power Act, 16 USC 817(b).
Project Background
On June 9, 2011, Alaska Department of Fish and Game (ADF&G) biologists with Division Sport
Fish/ Research and Technical Services (SFRTS) and Division of Habitat (Habitat) met with the
consultant/applicant in initial discussions on this project. At that time ADF&G disagreed with
the applicant position that there were few fish in the creek. It was recommended to the applicant
that they should install a streamgage and have a resource study completed to expand the
understanding and knowledge of the Knutson Creek watershed. Since this was an initial
discussion with no DI or Preliminary Permit (PP) applications having been filed with FERC, we
could only outline and advise the applicant on the process necessary to inform decisions.
The applicant contracted with Alaska Biological Consulting of Lakeside, Montana to conduct a
Fisheries Survey. This survey was completed in 2012 with a report (Barrett 2012 1) issued in
September 2012. While the intention was to identify resources in Knutson Creek, this survey
was conducted on August 23 and 24, 2012 only, and represents a single moment in time, rather
than a entire year. The study lacks periodicity and attempts to draw conclusions for the
watershed on very limited data. The study was completed in the stream between river mile (RM)
1.25 and 2.7. The study identifies the upper extent of sockeye salmon presence as RM 2.04
based on the 2010 Catalog of Waters Important for the Spawning, Rearing, or Migration of
Anadromous Fishes (AWC), but then identifies sockeye presence at RM 2.1. The study also
identified but failed to assess two tributaries (identified as L1 and R1) within the proposed
bypass reach.
Knutson Creek is listed in the AWC as Stream Number 324-10-10150-2301 (Figure 1). The
AWC and its associated Atlas (the Catalog and Atlas, respectively) currently contain over 18,000
streams, rivers or lakes around the state which have been specified as being important for the
spawning, rearing or migration of anadromous fish. Based upon thorough surveys of a few
drainages, it is believed that this number represents less than 50% of the streams, rivers and lakes
actually used by anadromous species. It is estimated that at least an additional 20,000 or more
anadromous water bodies have not been identified or specified under AS 16.05.871(a). To be
1 Barrett, Bruce M. 2012. Technical Report 12-011. A Fisheries Survey of Upper Knutson Creek Associated with
Potential Hydroelectric Development for Pedro Bay, Alaska. Alaska Biological Consulting, Lakeside, Montana.
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protected under AS 16.05.871, water bodies must be documented as supporting some life
function of an anadromous fish species (salmon, trout, char, whitefish, etc.). Anadromous fish
must have been seen or collected and identified by a qualified observer. Most nominations come
from Department of Fish and Game fisheries biologists. Others are received from private
individuals, companies and biologists from other state and federal agencies. Updates to the
AWC rely on completion and submission of a nomination form. The AWC is periodically
updated to reflect change nominations containing information which can and has been verified.
As such, the AWC is a “living” document designed to reflect the most current information
available to the department.
As part of the program to assess Alaska Streams, ADF&G conducted a Fish Inventory Site Visit
at Knutson Creek on August 15, 2012 under Survey No. CIA 12-16C08. This survey found
spawning adult sockeye salmon at coordinates N59.86843”, W154.05719”, approximately 5
miles upstream of the previously identified AWC listing. The AWC was updated in 2013 to
reflect this survey.
Historic and Reference Information
Knutson Creek is located within the Kvichak River – Lake Iliamna watershed. Records of
spawning ground observations for the Kvichak River, Lake Iliamna, and Lake Clark began in
1920 (Demory et. al. 1964 2; Regnart 1993 3, 1995 4; and Morstad 2003 5). Demory (1964) also
reported a physical description of Knutson Creek (page 71) that stated the total stream length
was 12.5 miles, with all accessible to salmon. Accessible spawning area was reported as
293,304 square yards or 60.6 acres based on a stream average width of forty feet. This physical
description was developed from a physical site survey conducted in 1962 by the University of
Washington, Fisheries Research Institute, under a contract administered by the (Federal) Bureau
of Commercial Fisheries (BCF). Much of the physical description provided appears to be
calculated from limited on the ground data collection.
Morstad (2003) summarized the USFWS and ADF&G previous publications to include Lake
Iliamna/Lake Clark spawning ground surveys for years between 1955 and 2002. Morstad
reported:
• Surveys were conducted by the BCF between 1920 and 1938;
• Between 1939 and 1955, except for 1942 and 1943, BCF personnel established a program
of systematically surveying a group of index areas within the Kvichak system which
obtained a yearly escapement index;
2 Demory, R.L., R.F. Orrell, and D.R. Heinle, 1964. Spawning Ground Catalog of the Kvichak River System, Bristol
Bay, Alaska. Contribution No. 168 of the College of Fisheries, Fisheries Research Institute, University of
Washington. Special Scientific Report Fisheries No. 488, United States Fish and Wildlife Service. Washington
D.C. 3 Regnart, J.R. 1993. Kvichak River Sockeye Salmon Spawning Ground Surveys, 1955-1993. Regional Information
Report No. 2A93-40, Alaska Department of Fish and Game, Commercial Fisheries Division. Anchorage, Alaska. 4 Regnart, J.R. 1995. Kvichak River Sockeye Salmon Spawning Ground Surveys, 1955-1995. Regional Information
Report No. 2A95-48, Alaska Department of Fish and Game, Commercial Fisheries Division. Anchorage, Alaska. 5 Morstad, S. 2003. Kvichak River Sockeye Salmon Spawning Ground Surveys, 1955-2002. Regional Information
Report No. 2A02-32, Alaska Department of Fish and Game, Commercial Fisheries Division. Anchorage, Alaska.
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• Between 1955 through 1987, except for 1984, the University of Washington, Fisheries
Research Institute conducted systematic spawning ground surveys. During this period
the number of survey areas increased considerably; and
• Due to funding cuts which occurred in 1988, the Alaska Department of Fish and Game,
Commercial Fisheries Division assumed the aerial surveys in 1989 and continued them
through 2002.
Regnart (1993, 1995), and Morstad (2003) all identified peak spawning as occurring between
August 5 and September 15.
Historic aerial survey fish escapement counts were conducted by ADF&G using fixed wing
aircraft. The extent of individual stream coverage was dependent on the ability to safely operate
around difficult terrain and weather conditions. Aerial surveys were conducted to identify
spawning distribution of fish in a given system. These surveys may not be complete in that they
were single aerial surveys at a single point in time, and may not have captured peak spawning
activity. Also, spawning area use varies from year to year based on run strength and individual
fish preference (Tim Baker, Fish and Game Coordinator, Division of Commercial Fisheries,
Anchorage, personal communication).
They also reported that aerial survey counts were registered on hand tally counters then entered
on survey data forms. Only actual raw counts were entered for each system. By using actual hand
counts, a more accurate assessment was possible than if counts were mathematically expanded.
Sockeye salmon spawner counts are compiled by source and year in Table 1.
Table 1. Knutson Creek Sockeye Salmon Spawner Counts 1921-2002. This table was compiled
from Demory et al (1964); Regnart (1993, 1995); and Morstad (2003).
BCF UW/USFWS ADF&G
Year Count Year Count Year Count Year Count
1921 1000 1956 3000
1972 315 1989 5800
1925 150 1957 1500
1973 1 1990 1000
1926 2000 1958 600
1974 625 1991 800
1931 3100 1962 3800
1975 1210 1992 1500
1953 243 1963 160
1976 200 1993 2750
1964 125
1978 340 1994 3800
1965 800
1979 2600 1995 3650
1966 550
1981 1000 1996 650
1967 1340
1982 325 1998 6100
1968 577
1983 1496 1999 600
1969 675
1985 3500 2000 300
1970 300
1986 3300 2002 300
1971 660 1987 6600
Discussion
Barrett (2012) utilized the correct AWC listing to develop his study but failed to include two
tributaries within the bypassed reach, and further failed to expand the study area when spawning
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sockeye salmon were found above the listed extent of the anadromous area. The AWC listing
was changed in 2013 to reflect the new AWC limit, as defined by ADF&G Survey No. CIA 12-
16C08. The DI application failed to note the AWC change, instead relying on outdated resource
information to inform the application.
The Barrett (2012) failed to count salmon in the lower 1.25 miles of Knutson Creek and used
only streamside counts between river miles 1.25 to 2.1 to compute total spawners for the entire
Knutson Creek. Barrett (2012) used a multiplier to compute sockeye escapement. This
multiplier was developed by Eggers et.al. 2012 6 to be used in regional aerial survey corrections.
The use of the multiplier reported by Barrett (2012) is not consistent with the intent of Eggers
(2012), as it was developed only for paired aerial surveys of entire streams, not partial, one time,
ground counts such as completed by Barrett (2012).
The applicant has only utilized the Barrett (2012) Technical Report to inform their application
for non-jurisdiction. A thorough check of literature would have also identified Demory (1964),
which on page 71 lists the following (calculated) physical descriptions of Knutson Creek:
• Total Length: 12.5 Miles
• Length Accessible to Salmon: 12.5 miles
• Average Width: 40 feet
• Width Range: 25-50 feet
• Average Depth: 18 inches
• Depth Range: 12-30 inches
• Total Accessible Spawning Area: 293,304 square yards (60.6 acres)
Clearly, historic information was available to more completely describe Knutson Creek, or at
least to develop a study that would adequately inform the hydropower development process.
The issue to be determined by FERC is the applicant request for a non-jurisdictional
determination for this project. On page 4 of the DI filing, the applicant states that the project will
not affect Interstate Commerce. The DI does not address the issue of Interstate Commerce as
related to anadromous salmon. Knutson Creek empties into Lake Iliamna, which feeds the
Kvichak River which empties into Bristol Bay. This watershed provides an estimated 30-35
percent of the sockeye salmon in the overall Bristol Bay harvest area. This project, as proposed,
would isolate several miles of sockeye salmon spawning habitat, with reduced flows in another
mile plus of anadromous area. Reduced flows in the bypassed reach could affect incubation
success due to winter freezing of dewatered redds.
FERC has ruled on similar jurisdiction requests under Docket DI09-7-000 (Gartina Creek) and
DI10-5-000 (Neck Lake Hydroelectric Project). In the Gartina request FERC stated:
“We find that the proposed Gartina Falls Hydroelectric Project will substantially affect
the District 114-27 commercial fishery, and therefore will affect the interests of interstate
or foreign commerce. Accordingly, the project must be licensed, pursuant to Section
23(b)(1) of the FPA.”
6 Eggers, D. M., A.R. Munro, and E.C. Volk. 2012. Estimating escapement of Western Alaska sockeye salmon for
Western Alaska Salmon Stock Identification Program reporting groups, 2006 to 2008. Alaska Department of Fish
and Game, Special Publication 12-15, Anchorage.
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In the Neck Lake determination FERC stated:
“…I find that the proposed Neck Lake Project would substantially affect the District 6
commercial fishery, and therefore, would affect the interests of interstate or foreign
commerce. Accordingly, the project must be licensed pursuant to section 23(b)(1) of the
FPA.”
The DI application contains Figure 1- Profile of Knutson Creek in Project Vicinity, on page 8.
This profile incorrectly identifies the current AWC limit of anadromous waters.
Table 1 provides more than 40 years of escapement counts for Knutson Creek. Knutson Creek
escapement has fluctuated in a similar manner to the fluctuations seen in the overall Bristol Bay
harvest area and the Naknek-Kvichak Commercial Salmon Harvest District. For several years in
the early 2000’s, the Kvichak River was identified as a Stock of Concern due to diminished
escapement levels. The stock of concern listing resulted in restrictions on commercial harvest
gear type and fishery openings until escapement met established goals.
Additionally, there has been no discussion of rainbow trout use of Knutson Creek. With several
lodges located on and around lake Iliamna, in Pedro Bay, and on the nearby Iliamna River, these
rainbow trout are targeted by guided and unguided sport anglers at Lake Iliamna/various creek
interfaces, including Knutson Creek (Ian Po, Sport Fish Biologist, Assistant Area Management
Biologist, ADF&G, Dillingham, personal communication). Angler access is provided both by
boat and float plane. A large number of these anglers are from out of state or out of country, and
pay large fees for the fishing adventure. Therefore, this project would also impact interstate and
foreign commerce derived from guided and unguided sport fishing.
We feel that the application for a non-jurisdictional determination is based on incomplete and
erroneous information. The fisheries survey, utilized by the applicant, failed to address
periodicity and failed to evaluate the entire stream. It provided stream escapement projections
that are incomplete and unsupportable to evaluate potential impacts to sockeye salmon. These
projections incorrectly used a multiplier developed for paired aerial surveys. Between the
development and reporting of the Barrett (2012) survey, ADF&G surveyed Knutson Creek, and
in 2013 amended the AWC to reflect several additional miles of anadromous water. When the
DI was filed, the applicant failed to double check facts and filed their application as if all 2011
information was current. There was no acknowledgement that more than forty years of historic
escapement records exist for Knutson Creek and that in those records, sockeye escapement was
recorded in the thousands for many of the years listed (Table 1). Inadequate concern has been
given to other species, such as rainbow trout, and no mention of commercial guiding of anglers
was made. Many residents of the region also depend on salmon, trout and whitefish from this
watershed for subsistence harvests, as reported by` Barrett (2012).
We request FERC to carefully assess if interstate or foreign commerce would be affected by this
project, and if licensing is required pursuant to section 23(b)(1) of the FPA.
End of Comments
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Figure 1. Knutson Creek AWC 324-10-10150-2301 extent, with = Diversion Location, = Powerhouse Location, and =
Tailrace Location.
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