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Draft EIS_072312.pdf - Middle Fork American River Project ...

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20120723-4002 FERC PDF (Unofficial) 07/23/2012<br />

values present in the designated river corridor. Public Law 95-111 (November 10, 1978)<br />

designated portions of the North <strong>Fork</strong> <strong>American</strong> <strong>River</strong>, the <strong>Middle</strong> <strong>Fork</strong> <strong>American</strong> <strong>River</strong>,<br />

and the Rubicon <strong>River</strong> as eligible or suitable for inclusion in the National Wild and<br />

Scenic <strong>River</strong> system.<br />

The U.S. Department of the Interior-Bureau of Reclamation (Reclamation)<br />

identified two segments on the North <strong>Fork</strong> <strong>American</strong> <strong>River</strong> and one segment on the<br />

<strong>Middle</strong> <strong>Fork</strong> <strong>American</strong> <strong>River</strong> peaking reach as eligible for inclusion in the National Wild<br />

and Scenic <strong>River</strong>s system. Although only a portion of the segment of the <strong>Middle</strong> <strong>Fork</strong><br />

<strong>American</strong> <strong>River</strong> is within the project boundary, project operations affect streamflow in<br />

the segment between Oxbow powerhouse to the confluence with the North <strong>Fork</strong><br />

<strong>American</strong> <strong>River</strong> and the segment that extends downstream of this confluence to the<br />

diversion tunnel intake for the Auburn dam. The eligible segments of the <strong>Middle</strong> <strong>Fork</strong><br />

<strong>American</strong> <strong>River</strong> were nominated for their outstandingly remarkable values of geologic,<br />

fisheries, wildlife, recreation, ecologic, and cultural. Suitability studies have not been<br />

conducted and are not planned at this time. Regardless, federal agencies, including<br />

Reclamation, manage the river and the area within 0.25 mile either side of the river to<br />

preserve the values for which the river is considered eligible under the Wild and Scenic<br />

<strong>River</strong>s Act.<br />

Three segments of the Rubicon <strong>River</strong>, from Hell Hole dam to Ralston afterbay,<br />

were found to be eligible and suitable for inclusion in the National Wild and Scenic<br />

<strong>River</strong>s system by the Forest Service; however none of these segments have been formally<br />

included in the National Wild and Scenic <strong>River</strong>s system. Regardless, Eldorado National<br />

Forest manages the Rubicon <strong>River</strong>, and a 0.25-mile corridor on each side of the river, to<br />

protect fisheries, which is the outstandingly remarkable value identified in its Wild and<br />

Scenic <strong>River</strong> eligibility and suitability studies. A small segment of the Rubicon <strong>River</strong><br />

below Hell Hole dam (0.48 mile) and a small section (0.12 mile) of the Rubicon <strong>River</strong><br />

upstream of Ralston afterbay are within the project boundary, and project operation<br />

affects streamflow in the Rubicon <strong>River</strong>.<br />

We conclude that none of the action alternatives would diminish the outstandingly<br />

remarkable values of the eligible river segments.<br />

1.4 PUBLIC REVIEW AND COMMENT<br />

The Commission’s regulations (18 Code of Federal Regulations [CFR], sections<br />

5.1–5.16) require that applicants consult with appropriate resource agencies, tribes, and<br />

other entities before filing an application for a license. This consultation is the first step<br />

in complying with the Fish and Wildlife Coordination Act, the ESA, the NHPA, and<br />

other federal statutes. Pre-filing consultation must be complete and documented<br />

according to the Commission’s regulations.<br />

8

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