Federal energy regulatory commission

Before any construction of the project occurs on NFS land, the Licensee shall obtain the prior written approval of the FS for all final design plans for project components which the FS deems as affecting or potentially affecting NFS resources. The Licensee shall follow the schedules and procedures for design review and approval specified in the FS special-use authorization. As part of such prior written approval, the FS may require adjustments in final plans and facility locations to preclude or mitigate impacts and to assure that the project is compatible with on-the-ground conditions. Should such necessary adjustments be deemed by the FS, the Commission, or the Licensee to be a substantial change, the licensee shall follow the procedures of Article 2 of the license. Any changes to the license made for any reason pursuant to article 2 or article 3 shall be made subject to any new terms and conditions of the Secretary of Agriculture made pursuant to section 4(e) of the Federal Power Act.
Condition No. 3 - Approval of Changes After Initial construction.
Notwithstanding any license authorization to make changes to the project, the licensee shall get written approval from the FS prior to making any changes in the location of any constructed project features or facilities, or in the uses of project lands and waters, or any departure from the requirements of any approved exhibits filed with the Commission. Following receipt of such approval from the FS, and at least 60 days prior to initiating any such changes or departure, the Licensee shall file a report with the Commission describing the changes, the reasons for the changes, and showing the approval of the FS for such changes. The licensee shall file an exact copy of this report with the FS at the same time it is filed with the Commission. This article does not relieve the Licensee from the amendment or other requirements of Article 2 or Article 3 of this License.
Condition No. 4 - Consultation
Each year during the 60 days preceding the anniversary date of the license, the Licensee shall consult with the FS with regard to measures needed to ensure protection and development of the natural resource values of the project area. Within 60 days following such consultation, the Licensee shall file with the Commission evidence of the consultation with any recommendations made by the FS. The Commission reserves the right, after notice and opportunity for hearing, to require changes in the project and its operation that may be necessary to accomplish natural resource protection.
Condition No. 5 - Minimum Streamflow Requirement.
During the operation of the facilities authorized by license, the Licensee shall maintain each year in Mill Creek, a continuous, minimum flow of 7 cubic feet per second (cfs) or the natural flow into Lundy Lake, whichever is less. Said flow in Mill Creek shall be measured immediately below the Lundy Dam at the location known as the "Sand Trap".

The Licensee, the FS, and a representative from the State of California Department of Fish and Game (FG) will meet each year no later than May 1 to develop a summer operations and maintenance plan for the project facilities. This plan will address the subjects of construction and maintenance of powerhouse, power lines, penstock, flowlines, roads, dams and all other facility construction and maintenance work which is earth disturbing in nature and is beyond simple maintenance where Forest resources will not be impacted. Additionally, water management for streamflow and the lake levels of Lundy Lake will be addressed, based on the snow water forecast for the Mono Basin compiled by the State of California on April 1st. This management plan shall accommodate FS and FG objectives to the extent that they are within operational constraints of the project. In addition, the plan shall address opportunities for flushing flows during years in which water in excess of power and minimum instream flow needs will be available. The results of monitoring (as per Condition No. 6) will be considered in determining flushing flows.
Condition No. 6 - Monitoring
a monitoring program will be conducted by the Licensee as follows:
1) Monitoring will continue for the term of the license.
2) the Licensee will ensure continuity between monitoring periods, subject to approval by the Forest Service. The Forest Service will approve transect locations and marking methodologies prior to implementation. Deviations from approved methodologies must be approved by the Forest Service before their implementation.
3) The Licensee and its contractor will meet with the Forest Service for a field review prior to and at the end of each field season.
4) By March 1 of each year, the Licensee will provide the FS with copies of all data collected, photos, data analysis, and a comparative analysis between current and past years' data. The Licensee and the FS will then meet by March 31 for the post monitoring review.
5) Monitoring reports will include detailed descriptions of methodologies used. Repeatability of measures within transects and quadrants will be ensured by providing adequate information on all locations.
6) Yearly riparian measures will be taken at time of peak vegetative production to provide for comparable data throughout the term of the monitoring plan. Aquatic monitoring will be conducted three times each year; within one month of natural peak flows, within one month after peak flows, and within one month of the fall spawning period (September-November).

7) Monitoring will be conducted at a site on Mill Creek located within the N1/2SW1/4 of Section 14, T.2 N., R.25 E., MDM. The on-the-ground location of this monitoring site will be agreed to between the Licensee and the Forest Service. End points of transects will be permanently marked with either angle iron or rebar and referenced to permanent bearing points outside the riparian zone.
8) Riparian transects will extend beyond the fluvial surface to ensure that future increases in riparian vegetation are accounted for. Four permanent riparian transects have been identified at this site. Twenty-five aquatic transects will be established at the site.
9) Photo documentation will be done at the same time as both the vegetation and aquatic monitoring.
10) As new methodologies and technologies become available, their usefulness and applicability to the monitoring will be evaluated. The Forest Service will have final approval regarding any changes in methodology.
ABIOTIC PARAMETERS TO BE MEASURED ONCE INITIALLY AND ONCE AT THE END OF THE TERM OF LICENSE
In addition, cataclysmic events may necessitate re-evaluation of some or all of these parameters between monitoring years.
Parameter Units Definition
Physiographic valley type N/A Classification of types based on landform features
Reach types N/A Hydrological classification of stream reaches (e.g., gaining, losing, or in equilibrium)
Elevation Meters Altitude above mean sea level
Channel gradient Degrees slope of stream channel along length of stream
Valley slope Degrees Slope of surfaces beyond the active channel edge and perpendicular to the stream

Soil profile description N/A Description of soil horizon characteristics including color, structure, texture, degree of alkalinity or acidity, rooting depths by species or life form. Descriptions will follow Soil Conservation Service (SCS) soil survey and profile description standards. Number of profiles will reflect soil variability within each site and fluvial surface.
Soil moisture retention gm/gm or % Measure of moisture capacity holding capacity of soil determined by gravimetric method or available water holding (field AWC)following SCS standards.
ABIOTIC PARAMETERS TO BE MEASURED IN 1992, 1993, 1994, AND THEN ONCE EVERY FIVE YEARS THEREAFTER.(i.e., 1999, 2004, etc)
Unless otherwise indicated, daily, monthly, and yearly frequencies refer to measurements to be taken at daily, monthly, and yearly intervals year round during the year in which monitoring is conducted.

Parameter Units Frequency Method or source of data
Streamflow cfs Daily Existing Licensee gaging stations

Streamflow cfs Weekly during Current meter or gage growing season calibrated to existing gaging then monthly at stations.

each site.
Depth to Meters Weekly during Measured at well to be esta-

ground water growing season blished where physically

then monthly at feasible at each site.

each site.

Riparian zone Meters Yearly Direct measure with tape.

width Show x-section profile in

Data summary.

Channel width Meters Yearly, following Direct measure on transects

bankfull to peak flows

bankfull
Channel depth Meters Yearly, following Direct measure along transects bankfull to Peak flows (note, current water level

bankfull height)

Soil moisture Ohms Daily at start Fibreglass blocks. Number of and continuing blocks per transect to be

throughout the determined according to soil

growing season mined according to soil

variability.

*For the following climatic parameters, information from the nearest location where weather data is collected, will be provided.
Temperature Degrees Daily Licensee

Precipitation Milli- Daily License

meters

Relative Percent Daily CA Dept. of Water Resources,

humidity or nearest source

Wind speed Meters/ Daily

Second CA Dept. Of Water Resources,

or nearest source

VEGETATIVE PARAMETERS TO BE MEASURED IN 1992, 1993, 1994, AND THEN ONCE EVERY FIVE YEARS THEREAFTER, (i.e., 1999, 2004, etc)
Unless otherwise indicated, daily, monthly, and yearly frequencies refer to measurements to be taken at daily, monthly, and yearly intervals during the growing season of the year in which monitoring is conducted.
All vegetative parameters will be identified by fluvial surface.
All vegetative parameters will be measured using belt transects, each five meters in width, with the exception of seedling beds and species composition, which will be determined for each entire site.
Parameter Units Frequency Method or source of data
Riparian Vegetative Meters Yearly Direct measure with tape.

Zone Width Show x-profile with corres-

ponding fluvial surfaces in

Data summary.
Absolute Cover Percent Yearly Belt transect by species

Tree/shrub cover And by size/age classes.

Herbaceous cover Percent Yearly Nested sq. meter plot (Min. 3 per transect).
Ground cover Percent Yearly Nested sq meter plot (min. 3

(rock, litter, Per transect); use SCS stds

bare ground, water for rock categories.

moss)
Species Composition Number Yearly Ocular estimate of absolute cover, by species, over entire

plot.
Species Composition Number Yearly Display from plot and belt

transect data.
Relative Importance #/hectare Yearly Belt transects-count indivi-

Tree and shrub duals by species and by size/ density age classes.

Tree and shrub Meters Yearly Belt transects-direct measure

height or estimation, by species and

and by size/age classes.
Relative cover Percent Yearly Display from plot and belt and

Transect data.

Stand Age and Productivity

Tree diameter at cm Yearly Measure along transect by breast height species.

Tree growth Cm/yr Baseline and Increment bore will be taken

10 yr. interval only once per tree.

Biomass
Trees Kg/hectare Yearly For species with height/dbh

Relationships.

Shrubs Kg/hectare Yearly Reference unit estimation

Method, by species.

Herbaceous Kg/hectare Yearly Nested plots on transect,

Reference unit estimation, by

Species.
Shrub stem #/shrub Yearly Count stems on transect.

number
Tree stem #/tree Yearly Count stems on transect.

number for

multi-stemmed

trees
Mortality

Trees & Shrubs % of total Yearly Ocular estimate, brief des-

By species on cription of cause, include

transect collection of damage leaves

& insects for verification.

Snags Number/ac Yearly Count by species and size class

over whole site.

Recruitment Number,ssp Monthly Entire site, in channel;record substrate and location.
Seedling beds Number,spp Yearly Presence or absence on transects by fluvial surfaces.
Tree & Shrub Years/meters Yearly Bud scar count and height by

juveniles Species.

shoot age
Shoot origin Sexual or Yearly Ocular observation & ht by

veg./meters Species.

Basal diameter Millimeters Yearly Avg. height and number by species of those too small to increment bore.

Shading

Canopy Closure Percent Yearly % of ground area shaded by all

woody veg., using a ceptometer or sphere densiometer.
Stream shading Percent Yearly, mid Ceptometer reading mid-stream

July Channel pt on transect.

Plant Water Bars B-weekly at Pressure bomb or remote

Potential pre-dawn and sensing.

mid-afternoon

Photo documentation

photo points 35 mm(black Yearly Minimum 4/transect; up-

and white stream, downstream, endpoints.

Prints)
Aerial photos 1":500' Yearly False color infrared.

AQUATIC PARAMETERS TO BE MEASURED IN 1992, 1993, 1994, AND THEN EVERY FIVE YEARS THEREAFTER, (i.e., 1999, 2004, etc)

The following information is required to describe channel stability and habitat quality for use in determining if and when flushing flows are necessary (as per Condition No. 5). The data will also aid in determining compliance with Forest Resource Standards Guidelines for habitat quality.

Unless otherwise indicated, parameters are to be measured "seasonally" three

times per monitoring year; within one month prior to peak natural flows, within one month after peak flows, and within one month of the trout spawning period in fall.

All parameters are measured along 25 transects spaced at five meter intervals within the study reach. Transects are oriented perpendicular to stream flow and measured upstream from a base transect randomly selected at the lowest extent of the reach. Unless otherwise indicated, parameters are measured at 15 evenly spaced sampling points across each transect.
Any deviations from this monitoring program, and the specifics of data collection and data presentation should be signed off by the Forest Service and the Licensee prior to completion of the work.
Parameter Units Frequency Method or source of data
Height of Bankful cm seasonally Vertical distance from

water level to bankfull

Wetted Perimeter cm " Distance across wetted

width perimeter of channel

Water Depth cm " At each sampling point along transects
Water Velocities cm " At each sampling point along transects
Discharge cu ft/sec " Calculate from water depth and velocity
Channel Substrate cm " Actual particle size for

each sampling point along

line transect.

Size Composition percent " (a) ocular estimate of particle size distribution along wetted width of veg. belt transects; (b) calculated from above point sampling estimates and grouped as follows: boulder > 30cm

cobble 8-30cm

gravel 0.5cm-8cm

sand 0.1-0.5cm

fines <0.1cm.

Embeddedness percent " % particles embedded in fine/sand substrates at each sampling point along transects.
Consolidation rating " After Pfankuch (1978) for each transect.

Streambank angle degrees " Measured from water surface.
Streambank overhang cm " Horizontal extent of bank out over water.
Stream Canopy Cover % " Using densiometer or similar device with right, left, and mid channel readings at each transect.

Submerged cm " Horizontal coverage of substrate by submerged organic debris.
Aquatic Vegetation cm " Horizontal coverage of transect by aquatic vegetation.
Aquatic Habitat Types

Frequency of types Yearly (within Define habitat types as

1 month follow- per USDA-FS 1990 R6 Fish-

ing peak flow) eries Handbook(#2609.23)

for stream reach(es) in study plots.
Average depth cm " For each defined habitat.Average wetted " For each defined habitat.

width cm

Habitat length cm " For each defined habitat.

Substrate compo- average % " For each defined habitat.

sition

Embeddedness average % " For each defined habitat.

Immediately following the second five-year monitoring interval, (i.e., following the year 2004), the licensee shall prepare, using the data collected as required above, an analysis of the effects of the flows requirement in condition No. 5 on aquatic and riparian dependent resources. Based upon that analysis, the licensee shall recommend any changes in flow necessary to met Forest Service management goals and objectives for aquatic/riparian dependent resources, as identified in the Inyo National Forest Land and Resource Management Plan. The licensee shall provide the FS, FG, and the U.S. Fish and Wildlife Service an opportunity to comment on their analysis and recommendations, and shall submit all such documentation to the commission by no later than 6 months following the close of the second five-year monitoring interval. The above procedure will be repeated after each subsequent five-year monitoring interval. In addition, the Forest Service the right to petition the Commission to amend the flow cited in Condition No. 5 if determined necessary to meet the above referenced management goals and objectives.

Condition No. 7 - Hazardous Substances Plan
Within one year following the date of issuance of this license and at least 60 days before starting any activities the FS determines to be of a land-disturbing nature on National Forest System land, the Licensee shall file with the director, Office of Hydropower Licensing, a plan approved by the Forest Service for oil and hazardous substances storage and spill prevention and cleanup.
At a minimum, the plan must require the Licensee to (1) maintain in the project area, a cache of spill cleanup equipment suitable to contain any spill from the project; (2) to periodically inform the forest Service of the location of the spill cleanup equipment on National forest system lands and of the location, type, and quantity of oil and hazardous substances stored in the project area; and (3) to inform the FS immediately of the nature, time, date, location, and action taken for any spill.
The Licensee shall not commence activities the FS determines to be affected by the plan until after 60 days following the filing date, unless the director, office of Hydropower Licensing, prescribes a different commencement schedule.
Condition No. 8 - Erosion Control Plan
Within one year following the date of issuance of this license and before starting any activities the FS determines to be of a land-disturbing nature on NFS land, the Licensee shall file with the Director, Office Hydropower Licensing, a plan approved by the FS for the control of erosion, stream sedimentation, dust, and soil mass movement.
The Licensee shall not commence activities the FS determines to be affected by the plan until after 60 days following the filing date, unless the Director, Office of Hydropower Licensing, prescribes a different commencement schedule.
Condition No. 9 - Spoil Disposal
Within one year following the date of issuance of this license and before starting any activities the Forest Service determines to be of a land-disturbing nature on National forest system land, the License shall file with the Director, Office of Hydropower Licensing, a plan approved by the forest Service for the storage and/or disposal of excess construction/tunnel spoils and slide material. At a minimum, the plan must address contouring of any storage piles to conform to adjacent land forms and slopes, stabilization and rehabilitation of all spoil sites and borrow pits, and prevention of water contamination by leachate and runoff. The plan also must include an implementation schedule and maintenance program.

The Licensee shall not commence activities the forest Service determines to be affected by the plan until after 60 days following the filing date, unless the director, Office of Hydropower Licensing, prescribes a different commencement schedule.
Condition No. 10 - Visual Resource Protection
Before starting any activities the FS determines to be of a land-disturbing nature on NFS lands, the Licensee shall file with the director, Office of Hydropower Licensing, a plan approved by the FS for the design and construction of project facilities in order to preserve or enhance its visual character. The plan must consider facility configurations and alignments, building materials, color, conservation of vegetation landscaping, and screening. Project facilities of concern to this plan include, among other things, clearing, diversion structures, penstocks, pipes, ditches, powerhouses, other buildings, transmission lines and corridors, and access roads.
Condition No. 11 - Protection of Sensitive and T&E Species
Within one year from the issuance of this license and before starting any activities the FS determines to be of a land-disturbing nature on NFS land, the Licensee shall file with the director, Office of Hydropower Licensing, a detailed implementation plan approved by the FS for the mitigation of impacts to sensitive, threatened, and endangered plant and animal species located within the area to be disturbed.
The Licensee shall not commence activities the FS determines to be affected by the plan until after 60 days following the filing date, unless the Director, Office of Hydropower Licensing, prescribes a different commencement schedule.