070-25 Environmental Assessment Keno Dam.pdf

U.S. Department of the Interior November 2023

Environmental Assessment

Keno Dam Transfer

Klamath Project, Oregon/California

Interior Region 10 - California Great Basin

CGB-EA-2023-037

ii

Mission Statements

The U.S. Department of the Interior protects and manages the Nation’s natural resources and cultural heritage; provides scientific and other information about those resources; and honors its trust responsibilities or special commitments to American Indians, Alaska Natives, and affiliated Island Communities.

The mission of the Bureau of Reclamation is to manage, develop, and protect water and related resources in an environmentally and economically sound manner in the interest of the American public.

Keno Dam Transfer iii

Contents Acronyms and Abbreviations........................................................................................................................... v Section 1 Introduction

1.1 Background

1.2 Need for Proposal

1.3 Location

1.4 Legal and Statutory Authority

1.5 Separate Related Existing and Future Actions

1.5.1 Klamath Project Reconsultation

1.5.2 Klamath Dam Removal

Section 2 Alternatives

2.1 No Action Alternative

2.2 Proposed Action Alternative

2.2.1 Keno Dam Transfer

2.2.2 Keno Impoundment Gaging Station

2.2.3 Ewauna Reach Landowner Agreements

2.2.4 Link River Dam

Section 3 Affected Environment and Environmental Consequences

3.1 Resources Not Analyzed in Detail

3.1.1 Indian Trust Assets

3.1.2 Indian Sacred Sites

3.1.3 Environmental Justice Sites

3.1.4 Climate Change and Greenhouse Gases

3.1.5 Air Quality

3.1.6 Noise

3.1.7 Socioeconomics

3.2 Resources Analyzed in Detail

3.2.1 Water Resources

3.2.2 Biological Resources

3.2.3 Recreation

3.2.3.1 Affected Environment

3.2.3.2 Environmental Consequences

3.2.4 Cultural Resources

3.2.4.1 Affected Environment

3.2.4.2 Environmental Consequences

3.3 Cumulative Effects

Section 4 Environmental Commitments Section 5 Consultation and Coordination

5.1 Persons/Agencies Consulted During EA Development

5.2 Public Involvement

Section 6 References Section 7 Appendices

Appendix A: Maps Appendix B: Special Status Species that may Occur within Klamath County and the Proposed Action Areas Appendix C: Indian Trust Asset Coordination iv

Appendix D: Cultural Resources Compliance

Figures Figure 1. Real property interests anticipated to be acquired by Reclamation at Keno Dam

Figure 2. Real property interests anticipated to be acquired by Reclamation above Link River Dam.

Figure 3. Real property interests anticipated to be acquired by Reclamation at Link River Dam

Figure 4. Real property interests anticipated to be acquired by Reclamation below Link River Dam.

Figure 5. Map depicting managing partner agreement area as indicated by dashed lines

Figure 6. Map of the Weed Bridge Gaging Station Location

Figure 7. Map indicating landowner agreements to be acquired by Reclamation

Figure 8. Map depicting private access easement proposed to be acquired for north end access

Figure 9. Closest ITA to the Proposed Keno Dam Acquisition

Figure 10. Closest ITA to the Proposed Link River Dam Property Acquisition

Tables Table 1. Summary of operations and maintenance activities necessary to support operations of transmission and distribution facilities along with designated activity class Table 2. Portions of the Klamath River designated as impaired by ODEQ under section 303(d) of the Clean Water Act. Source: ODEQ, 2019 v

Acronyms and Abbreviations AIP Agreement in Principle APE Area of Potential Effect(s) BiOp Biological Opinion BMP Best management practices CAA Clean Air Act City City of Klamath Falls Copco California Oregon Power Company CEQ Council on Environmental Quality CFR Code of Federal Regulations Cfs Cubic feet per second CWA Clean Water Act Department Department of the Interior DPS Distinct Population Segment EA Environmental Assessment EPA Environmental Protection Agency ESA Endangered Species Act FERC Federal Energy Regulatory Commission GIS Geographic Information System IPaC Information Planning and Consultation ITA Indian Trust Asset(s) IVM Integrated vegetation management KBAO Klamath Basin Area Office KHSA Klamath Hydroelectric Settlement Agreement KPFA Klamath Power and Facilities Agreement KRRC Klamath River Renewal Corporation NEPA National Environmental Policy Act NHPA National Historic Preservation Act NMFS National Marine Fisheries Service NRHP National Register of Historic Places O&M Operation and Maintenance OQEQ Oregon Department of Environmental Quality Pm Particulate matter PP&L Pacific Power & Light Project Klamath Project Reclamation Bureau of Reclamation SHPO State Historic Preservation Officer TMDL Total Maximum Daily Load USFWS U.S. Fish and Wildlife Service 2019 BiOp Endangered Species Act Section 7(a)(2) Biological Opinion, and Magnuson-Stevens Fishery

Conservation and Management Act Essential Fish Habitat Response for Klamath Project Operations from April 1, 2019 through March 31, 2024

2023 BiOp Biological Opinion on the Effects of the Proposed Interim Klamath Project Operations Plan, effective October 1, 2023, through October 31, 2024, on the Lost River Sucker and the Shortnose Sucker

Section 1 Introduction This Environmental Assessment (EA) has been prepared to examine the potential impacts to the affected environment as a result of implementation of the Bureau of Reclamation’s (Reclamation) Klamath Basin Area Office (KBAO) proposal to acquire Keno Dam and related real property interests, and subsequently operate the dam consistent with historical practices. In addition, for the purpose of operating Link River and Keno dams, Reclamation would also 1) acquire the Weed Bridge Gaging Station, 2) assume all of PacifiCorp’s rights and obligations in certain landowner agreements along the Keno Reach of the Klamath River, including the releases in Exhibit A of those agreements, as well as acquire all the easements in Exhibit B of those agreements, and 3) acquire certain real property interests necessary for Reclamation’s assumption of operation and maintenance (O&M) of Link River Dam. All properties would be acquired by donation from PacifiCorp to the United States.

The EA has been prepared in accordance with the National Environmental Policy Act (NEPA; 42 United States Code (§4321 et seq.), the Council on Environmental Quality (CEQ) Regulations for implementing the Procedural Provisions of NEPA (40 Code of Federal Regulations (CFR) Parts 1500-1508), and the Department of the Interior (Department) regulations for the Implementation of the NEPA (43 CFR Part 46). If there are no significant environmental impacts identified as a result of the analyses, a Finding of No Significant Impact can be signed to complete the NEPA compliance process.

1.1 Background

Keno Dam is a re-regulating dam at river mile 233 on the Klamath River and is currently owned and operated by PacifiCorp, an electrical company in the western United States and a wholly owned subsidiary of Berkshire Hathaway Energy Company, as part of the Klamath Hydroelectric Project.

The dam is currently licensed by the Federal Energy Regulatory Commission (FERC), as part of FERC Project No. 2082.

Completed in 1967 by PacifiCorp’s predecessor, Pacific Power & Light (PP&L), the dam is a combination of earth embankment and reinforced-concrete sections, approximately 25 feet in height above the excavated foundation. The reinforced-concrete section is 680 feet long, with a 12-foot-wide roadway deck, and a 265-foot-wide, ogee-type spillway. The spillway consists of six bays, the flow through which is controlled by radial gates, each 40 feet wide by 17 feet tall. The dam is also equipped with a 36-inch-diameter sluice conduit and a fish ladder.

In the 2010 Klamath Hydroelectric Settlement Agreement (KHSA), the Department committed Reclamation to accepting title to Keno Dam from PacifiCorp, on behalf of the United States, as part of the planned removal of PacifiCorp’s other four hydroelectric dams on the Klamath River (J.C.

Boyle, Copco 1, Copco 2, and Iron Gate). The KHSA provides that transfer of Keno Dam will be in accordance with a conveyance agreement between Reclamation and PacifiCorp. In 2012, Reclamation and PacifiCorp signed an Agreement in Principle (AIP), which “memorializes broad principles designed to function as a framework for the development of a final agreement” between

PacifiCorp and Reclamation over transfer of Keno Dam. The AIP provides that PacifiCorp will transfer Keno Dam to the United States in fee title. In 2016, the KHSA was amended to provide for transfer of Keno Dam under FERC process rather than Congressional approval, and the Klamath Power and Facilities Agreement (KPFA) further committed Reclamation to operating Keno Dam following transfer consistent with historical operations and at no cost to Klamath Project water users. The donation agreement between Reclamation and PacifiCorp was signed in December of 2022, and it is anticipated that Reclamation would acquire Keno Dam and the related property interests from PacifiCorp by donation.

The KHSA also provides that the transfer agreement between Reclamation and PacifiCorp will address easements that Reclamation requires in connection with other Klamath Project facilities, including Link River Dam.

Concurrent with acquiring Keno Dam and the decommissioning of PacifiCorp’s other four dams, Reclamation would assume control of Link River Dam from PacifiCorp. Link River Dam is a 100-year-old facility that regulates storage and releases from Upper Klamath Lake, and was built by PacifiCorp’s predecessor, the California Oregon Power Company (Copco), on behalf of the United States. Although owned by the United States, the dam has always been operated and maintained by the power company. Reclamation acquired Link River Dam and most of the site on which it is built from the power company in 1930, but there are remaining real property interests that Reclamation would acquire by donation from PacifiCorp before it assumes operational control of the dam.

1.2 Need for Proposal

Once physical removal of PacifiCorp’s four hydroelectric facilities associated with the Lower Klamath Project is complete, PacifiCorp will no longer have any need to own, operate, and maintain Keno Dam. The Proposed Action is needed to carry out Reclamation’s obligations under the terms of the KHSA and KPFA. As such, while removal of the Lower Klamath Project facilities is underway, Reclamation would, under the Proposed Action, carry out these obligations and acquire Keno Dam and related interests on behalf of the United States for the purpose of operating the dam consistent with historical practices, which would allow PacifiCorp to divest its interests and obligations in this facility. Consequently, acquisition of Keno Dam and related interests is a discrete federal action, but also an integral component to the larger, multi-party, multi-agency dam removal process (see Section 1.5.2).

Similarly, while PacifiCorp currently operates and maintains Link River Dam under Letter Agreement Number 22-WC-20-6000, following removal of the facilities of the Lower Klamath Project, PacifiCorp would no longer have any need for operating and maintaining Link River Dam.

Further, the current operating agreement between Reclamation and PacifiCorp is set to expire once the Keno Dam transfer is complete. As Reclamation currently holds title to Link River Dam, Reclamation has a need to resume O&M of the dam as needed for Klamath Project purposes, which Reclamation proposes to do consistent with historical practices, and proposes to acquire certain real property interests needed for that purpose.

1.3 Location

Keno Dam and the real property interest Reclamation proposes to acquire from PacifiCorp are located approximately 1.5 miles downstream (west) of where Oregon State Highway 66 crosses over the Klamath River, in Klamath County, Oregon, in the unincorporated town of Keno (Figure 1;

Northwest Quarter of Township 39 North, Range 9 West, Section 7, of the Willamette Meridian).

The Weed Bridge Gaging Station Reclamation would acquire in conjunction with acquiring Keno Dam is located on the south side of the Klamath River beneath the existing Highway 97 (Weed) bridge within Section 18, Township 39 South, Range 9 East of the Willamette Meridian in Klamath County, Oregon (Figure 6 in Appendix A). The approximate coordinates of this location are North 42° 10’ 28.39 N” by 121° 47’ 55.78 W”.

The landowner agreements Reclamation would acquire in relation to operation of Keno Dam are located within the Keno Reach of the Klamath River, spanning from Lake Ewauna at the outlet of the Link River to the Keno Dam (Figure 7 in Appendix A).

The real property interests Reclamation would acquire near Link River Dam as part of the overarching transfer of Keno Dam are located within the municipal boundaries of the City of Klamath Falls. The real property interests are located within sections 30, 31, and 32 of Township 38 South, Range 9 East, of the Willamette Meridian in Klamath County, Oregon (Figure 2, Figure 3, and Figure 4).

1.4 Legal and Statutory Authority

Through its delegated authority under the Fish and Wildlife Coordination Act (16 U.S.C. §661 et seq) as amended, Reclamation is authorized, among other activities, to cooperate with federal, state, and private entities and accept donations of land, “in the development, protection, rearing and stocking of all species of wildlife, resources thereof, and their habitat…” The Office of the Solicitor had previously advised Reclamation, by memorandum dated April 5, 2016, that the Fish and Wildlife Coordination Act, as amended, is appropriate authority for Reclamation to acquire Keno Dam from PacifiCorp in accordance with the terms of the KHSA. Additionally, the Reclamation Act of 1902, 32 Stat. 388, authorizes operation of the Klamath Project, of which Keno Dam would become a part once title transfer is complete.

1.5 Separate Related Existing and Future Actions

This EA is limited to the Proposed Action of Reclamation acquiring from PacifiCorp Keno Dam and related real property interests, including along the Link River, as well as the Keno Gage Station and certain landowner agreements in the Keno Reach of the Klamath River. Only actions within the scope of those anticipated under the KHSA and KPFA are addressed, specifically transfer of Keno Dam and related real property interests, followed by continued operation of the dam consistent with historical practices. Taking title to Keno Dam and operating the dam consistent with historical practices is a discrete action, necessary to satisfy Reclamation’s obligations under the KHSA and KPFA, and not directly related to continued operation of the Klamath Project at this time, the aspects of dam removal under the jurisdiction of the FERC, or other ongoing or anticipated federal activities in the Klamath Basin.

1.5.1 Klamath Project Reconsultation

The Klamath Project is a federal irrigation project authorized by the Secretary of the Interior in 1905 under the terms of the Reclamation Act of 1902 (32 Stat. 388). Through the various dams, canals and related distribution works, the Klamath Project serves approximately 230,000 acres of reclaimed lake beds and arid lands in southern Oregon and northern California.

Reclamation is currently undergoing consultation with the U.S. Fish and Wildlife Service (USFWS) and National Marine Fisheries Service (NMFS; collectively, the Services), in accordance with Section 7 of the Endangered Species Act (ESA; 16 U.S.C. §1536), over ongoing O&M of the Klamath Project.

Current ESA compliance for operation of the Klamath Project is addressed in separate biological opinions (BiOp) issued by the NMFS in 20191 and USFWS in 20232. These BiOps evaluated Reclamation’s proposed actions described in a Biological Assessment3 dated December 21, 2018, as modified by February, March, and October 2019 amendments, and subsequently, in letters from Reclamation to the Services dated March 27, 2020. Further temporary adjustments were necessary in response to drought conditions that occurred in 2021, 2022, and 2023, with the most recent year resulting in an updated BiOp from the USFWS.

The 2018 Biological Assessment, as modified, constitutes the “Interim Operations Plan” for the Klamath Project, which is expected to remain in effect until Reclamation completes the current consultation with the Services, anticipated to occur in October of 2024.

As part of the Interim Operations Plan, Reclamation operates the Klamath Project to meet specified flows in the Klamath River downstream of Iron Gate Dam, one of the four hydroelectric dams anticipated to be decommissioned and removed as part of the KHSA. These flows are presently provided by coordinated operation of Link River Dam, Keno Dam, and PacifiCorp’s four downstream dams. Reclamation has been consulting with the NMFS on flows in the Klamath River at Iron Gate Dam since 1997.

Reclamation’s current Section 7 ESA consultation includes as part of the operations under consideration the matter of flows in the Klamath River both upstream and downstream of Keno Dam. Given the ongoing consultation, this EA does not attempt to address or prescribe future flows in the Klamath River at Keno Dam following acquisition of Keno Dam. That matter will be addressed separately in Reclamation’s long-term operations plan and associated consultation.

PacifiCorp currently operates Keno Dam to meet Reclamation’s prescribed flows in the Klamath River at Iron Gate Dam, and those operations are assumed to continue in accordance with the terms

1 Endangered Species Act Section 7(a)(2) Biological Opinion, and Magnuson-Stevens Fishery Conservation and Management Act Essential Fish Habitat Response issued on March 29, 2019.

2 Biological Opinion on the Effects of the Proposed Interim Klamath Project Operations Plan, effective October 1, 2023, through October 31, 2024, on the Lost River Sucker and the Shortnose Sucker issued on September 30, 2023.

3 Final Biological Assessment on the Effects of the Proposed Action to Operate the Klamath Project from April 1, 2019, through March 31, 2024 of the KHSA and KPFA once Reclamation obtains title to the dam.

1.5.2 Klamath Dam Removal

Consistent with the terms of the KHSA, in November of 2020, PacifiCorp and the Klamath River Renewal Corporation (KRRC) applied to the FERC for surrender of license and removal of project works for the Lower Klamath Hydroelectric Project No. 14803 which encompasses the four hydroelectric dams slated for removal (J.C. Boyle, Copco 1, Copco 2, and Iron Gate Dam).

In August of 2022, FERC issued an environmental impact statement discussing the environmental impacts of the proposed surrender and removal of the Lower Klamath Project No. 14803.

Reclamation aided in furnishing information related to Keno Dam and Klamath Project facilities and operations to support FERC’s environmental impact statement and Biological Assessment and NMFS’ BiOp, which included information pertaining to the fish ladders at Keno and Link River dams, anticipated flows at Keno Dam and downstream both during and after dam removal, and fish screening at Klamath Project diversions.

Removal of Copco 2 dam was initiated in July 2023.

Reclamation has been consulting with KRRC and its consultants regarding flows in the Klamath River and will coordinate its operations throughout the dam removal process, subject to additional environmental compliance as determine necessary.

Reclamation’s involvement in the decommissioning of J.C. Boyle, Copco 1, Copco 2, and Iron Gate dams in terms of actual operations, is separate from Reclamation’s other ongoing or anticipated actions in connection with Keno Dam.

Section 2 Alternatives The EA considers two alternatives including the No Action Alternative and the Proposed Action Alternative. The No Action Alternative reflects conditions without the Proposed Action and serves as a basis of comparison for determining potential effects to the human environment as a result of implementing the Proposed Action.

2.1 No Action Alternative

Under the No Action Alternative, Reclamation would not acquire Keno Dam and related real property interests, violating its commitments under the KHSA and KPFA, with unknown legal and political consequences. Reclamation would therefore have no need to acquire landowner agreements in the Keno Reach of the Klamath River nor the Weed Bridge Gage Station needed for Keno Dam operational purposes. PacifiCorp would continue to own Keno Dam and operate it consistent with historical practices, in coordination with Reclamation, subject to some further action by PacifiCorp and approval by the FERC. Although Reclamation would not acquire from PacifiCorp additional properties along the Link River as necessary for O&M of Link River Dam, Reclamation would still assume O&M of Link River Dam from PacifiCorp (as the current operating agreement is set to expire upon removal of the dams) but be limited in the real property interests it would possess to perform this work. Reclamation would continue to use PacifiCorp’s property in relation to Link River Dam access as is done currently. As Reclamation would not be acquiring additional properties along the Link River, Reclamation would have no need to enter into a recreation Management Agreement with the City of Klamath Falls, nor seek permanent access easements through adjacent private properties. The recreation trail along the river would be managed and maintained as it is currently, by the City of Klamath Falls in coordination with PacifiCorp. Additionally, there would be no need for Reclamation to grant easements to PacifiCorp for O&M purposes, and PacifiCorp would continue to perform O&M of its facilities as currently carried out on its own property.

2.2 Proposed Action Alternative

Under the Proposed Action Alternative, Reclamation would:

• Take title to Keno Dam and related real property interests on behalf of the United States, and subsequently operate and maintain the dam consistent with historical practices, consistent with the terms of the KHSA and KPFA.

• Obtain ownership of the Weed Bridge Gaging Station, necessary to regulate levels of the Lake Ewauna impoundment and releases through Keno Dam.

• For the purpose of operating Link River and Keno dams: 1) assume all of PacifiCorp’s rights and obligations in landowner agreements along the Keno Reach of the Klamath River, including the releases in Exhibit A of those agreements; and 2) acquire all the easements in Exhibit B of those agreements.

• Acquire certain real property interests along the Link River, to support O&M of Link River Dam, which Reclamation would assume from PacifiCorp concurrent with transfer of Keno Dam.

• Grant to PacifiCorp certain easements near Keno Dam and along the Link River necessary to support existing electric power facilities and access thereto and provide approval for PacifiCorp’s proposed Operation and Maintenance Plan for said easements.

• Enter into a recreation Management Agreement with the City of Klamath Falls for the administration, operation, maintenance, and development of recreation uses and facilities at the Link River Trail.

• Obtain either a permanent or temporary Right of Use for Reclamation access through adjacent private and public land for the purpose of conducting O&M at Link River Dam.

2.2.1 Keno Dam Transfer

Under terms of the KHSA (Section 7.5.2), the United States would accept title to the Keno facility from PacifiCorp upon notification by the KRRC that removal of the J.C. Boyle Facility is ready to commence (anticipated to occur on January 31, 2024). Actions associated with the title transfer include the United States’ acquisition of a number of different real and personal property interests, all from PacifiCorp via donation. Figure 1 below shows the location of the property interests the United States proposes to acquire.

Figure 1. Real property interests anticipated to be acquired by Reclamation at Keno Dam.

2.2.1.1 Keno Dam Parcel (Parcel A)

Section 7.5.2 of the KHSA specifies that the United States shall take title to the “Keno facility”, which section 1.4 defines as “Keno Dam, lands underlying Keno Dam, appurtenant works and PacifiCorp-owned property described as Klamath County Map Tax Lot R-3907-03600-00200-000 located in Klamath County, Oregon.” This parcel is designated as “A” on Figure 1 above.

The parcel contains approximately 56.33 acres4 (as determined by Geographic Information System [GIS] analysis; the Klamath County parcel map does not show the acreage of this parcel) on the northwest side of the Klamath River and contains Keno Dam’s westerly abutment. Reclamation previously acquired the tract on the opposite side of the river, historically referred to as the McCormick Tract (see Figure 1, lands highlighted in blue).

2.2.1.2 Keno Dam Fee Simple Parcels (Parcels B-1 through B-8 and C-1 through C-4)

43 CFR 8, Joint Policies of the Departments of the Interior and of the Army Relative to Reservoir Project Lands, requires Reclamation to acquire in fee title “adequate interest in lands necessary for the realization of optimum values for all purposes including additional land areas to assure full realization of optimum present and future outdoor recreational and fish and wildlife potentials of each reservoir.” Accordingly, Reclamation would acquire in fee title from PacifiCorp the parcels labeled on Figure 1 as B-1 through B-8, all on the north side of the Klamath River, totaling approximately 127 acres, and parcels labeled C-1 through C-4, totaling approximately 13 acres on the south side of the Klamath River upstream of Keno Dam.

2.2.1.3 Keno Dam Access Easements (D-1 through D-5)

To perform O&M of Keno Dam, Reclamation would need legal access to the dam from both sides of the Klamath River. Section 7.5.2 of the KHSA contemplates that the agreement between Reclamation and PacifiCorp will include “ingress and egress agreements and easements required for O&M of the Klamath Reclamation Project, including but not necessarily limited to Lake Ewauna, Link River Dam, and Keno Dam.”

Access to Keno Dam from the north side via Old Wagon Road is ensured through acquisition of the parcels listed above. On the south side, PP&L Park Road (an existing gravel road) provides access to the McCormick Tract and the east abutment of Keno Dam. PP&L Park Road is accessed from Green Springs Highway (Route 66). The road crosses four PacifiCorp-owned tracts of land, necessitating the acquisition of road easements designated D-1 through D-5 on Figure 1, totaling approximately 1.09 miles. At 20 feet wide, the easements would encompass 2.64 acres.

2.2.1.4 Operation of Keno Dam

The KHSA indicates (Section 7.5.4) that “following transfer of title to the Keno facility from PacifiCorp to Interior, Interior shall operate Keno in compliance with Applicable Law and to provide water levels upstream of Keno Dam for diversion and canal maintenance consistent with Contract #14-06-200-3579A executed on January 4, 1968, between Reclamation and PacifiCorp (then Copco) and historic practice.”

Based on the contract, and consistent with the KHSA, historic operations are defined by average

4 All acreages have been determined by GIS analysis, may differ from official recorded acreages, and are subject to revision upon completion of land surveys.

daily Keno Reservoir water surface elevations between 4085 and 4086.5 feet5 (Reclamation datum) above mean sea level at the Weed Bridge (see Section 2.2.2 below). Reclamation would continue to manage water levels in the Keno Impoundment at these elevations, consistent with historic practice.

To the extent that the KHSA indicates that there will be no change in management of Keno Dam operations and resultant upstream water levels compared to current practice, Reclamation is not proposing any changes to operation of Keno dam under the Proposed Action, and thus, there will be no further discussion of Keno Dam operations in this EA. If Reclamation anticipates a need to change the operation of Keno Dam and/or upstream water levels in a way that deviates from Contract #14-06-200-3579A, that action and proposed changes would be analyzed and reported appropriately and further environmental compliance would be conducted, as necessary. Once the title transfer is final, Keno Dam would then be integrated into Klamath Project Operations;

Reclamation intends to address any future changes in operation of Keno Dam, in conjunction with Klamath Project operations, in the upcoming consultation effort for Klamath Project Operations for the October 2024 through September 2029 period.

2.2.1.5 Maintenance of Keno Dam

Once the transfer of title to Keno Dam is complete, Reclamation would be responsible for certain maintenance activities as necessary to ensure functionality and to maintain the facility. Reclamation proposes to conduct maintenance at Keno Dam consistent with historic practice and does not propose as part of this Proposed Action to conduct maintenance activities beyond the routine activities that PacifiCorp currently performs. Current maintenance activities regularly performed by PacifiCorp (that Reclamation would assume) include:

• Removing debris from fish ladder intake screens

• Inspecting and replacing shear links on the fish ladder control gates

• Testing and inspecting the auxiliary generator

• Inspecting and exercising spillway gates

• Vegetation management and landscape maintenance (including removing trash)

Once transfer is complete, Reclamation would conduct necessary inspections to determine what future repairs and maintenance activities would be needed. At this time no new repairs and/or maintenance activities are proposed. Though not evaluated in this EA, future repairs and O&M activities needed to operate the dam would be identified and evaluated on a case-by-case basis and would undergo evaluation by Reclamation to determine if additional compliance with NEPA, the National Historic Preservation Act (NHPA), and other applicable laws are required prior to the activity(ies) being implemented.

2.2.1.6 PacifiCorp Reserved Interests

Upon PacifiCorp’s conveyance of the fee simple parcels and access easements associated with Keno Dam, PacifiCorp asserts the need to reserve certain easements necessary to support existing electric

5 Although the historic operating range as defined within the contract consists of surface elevations between 4085 and

4086.5 feet, historic practice in recent years has been consistent with a range of 4085 – 4086 feet. Reclamation intends to continue operating consistent with the most recent historic operating range of 4085-4086 feet. Furthermore, while the contract specifies the gaging location as the intake at Keno Irrigation District, the gaging location was at some time in the past moved to the Weed Bridge where it currently resides.

power facilities, including distribution power lines, poles, structures, and access thereto for continued O&M of and future upgrades to the facilities. PacifiCorp’s proposed O&M Plan for the Keno and Link River reserved easements, as described below, is available upon request. Once conveyance occurs, the properties would be under federal ownership and subject to federal laws and regulations.

Typical activities PacifiCorp performs to operate and maintain transmission and distribution facilities are split into five different classes based on level of complexity, probability and magnitude of impacts, and notification and approval process required by Reclamation to complete the activity (Error! Reference source not found. below). The five classes are summarized below along with details on the associated notification and approval process. The sections below the table provide more detail on the types of activities included in each class.

Class I: Activities that are routine and generally result in no to de minimis impacts. Class I activities are analyzed herein and would not require additional advance notification or project-specific approval from Reclamation to occur.

Class II: Activities that are routine but may result in an environmental impact. Impacts are generally known for these types of activities and can be managed through standard best management practices (BMPs). PacifiCorp must submit notification packages to Reclamation that include a description of the activity, the location, resources that may be impacted, and BMPs to be implemented to avoid resource impacts, if necessary. Reclamation would respond to the notification package within 15 business days, including feedback and edits or comments on the notification package and the potential for additional environmental compliance work. PacifiCorp would obtain Reclamation approval prior to commencing work. These activities are outside the scope of this EA analysis.

Class III: Major corrective, non-routine activities larger in scope and scale than Class I or II that may result in an environmental impact. Specific resource protection measures or BMPs may be required to minimize impacts. PacifiCorp must submit notification packages to Reclamation in advance containing all the information typically included in Routine Maintenance notification (see Class II), as well as additional relevant project information.

Reclamation would have 30 business days to determine whether additional environmental analysis or consultation with other agencies is required. Within said 30 business days, Reclamation would (1) approve the proposal as submitted; (2) approve the proposal after PacifiCorp adequately responds to any requests for additional information; or (3) provide guidance as to the process to be followed and a schedule for when Reclamation will review, analyze, and approve the activity. Written authorization from Reclamation is required before PacifiCorp proceeds with the proposed activity. These activities are also outside the scope of this EA analysis.

Class IV: Emergency activities necessary to repair a power line or prevent imminent damage to a line or address an imminent threat to public safety. In the event of an emergency, PacifiCorp may proceed with the activity without advance notification but must notify Reclamation as soon as reasonable (typically within 48 hours) of an identified need for or the start of any emergency repairs. The notice would include, if known, location of the facilities, scope of work, equipment used, access used, cause of the emergency, and any BMPs applied.

Within 30 business days of completing the emergency activities PacifiCorp would provide post-activity reporting that documents the work location, scope of work completed, resource impact analysis, and other information as may be requested by Reclamation. Reclamation and PacifiCorp would mutually inspect and agree on any restoration work required to repair emergency work areas on a case-by-case basis, which is outside the scope of this analysis.

Class V: An activity that is not covered by PacifiCorp’s O&M Plan and would require project-specific approval, which is outside the scope of this analysis.

Table 1. Summary of operations and maintenance activities necessary to support operations of transmission and distribution facilities along with designated activity class.

Section Summary of Work Activity Class

4.0 Minor repair of existing access routes

• Removal of obstructions

• Graveling

• Addressing potholes

I

4.0 Construction of new access route or major repair of existing access route

III or V

5.1 Routine Maintenance Inspections includes for example:

• Visual Assurance Inspections (aerial or ground)

• Detailed Inspection and Minor Repair Work (Ground)

• Wood pole test and treat

• Outage cause investigation (aerial or ground)

• Vegetation inspection

• Overland Travel within existing right-of-way

I or II

5.2 Routine Corrective Maintenance includes for example:

• Insulator replacement

• Cross arm repair or lowering

• Cross arm replacement

• Hardware tightening

• Conductor repair or replacement

• Communications repair or replacement

• Shoo-fly installations

• Tower strengthening

• Installation of bird line markers

• Retrofitting poles to avian safe construction standards

• Guy wire replacement or tightening (above ground only)

• Access road maintenance (removal of obstructions, potholes, etc.)

• Avian management in accordance with PacifiCorp-held permits

• Ground and aerial inspections

I

5.2 Routine Corrective Maintenance includes for example:

• Repair or replacement of underground facilities

• Anchor replacement

II

Section Summary of Work Activity Class

• Access road grading or more substantive repairs

• Pole test and treat program

• Pole and tower replacement (In place and in-kind)

5.3 Routine Vegetation Management: Tree removal within distribution or transmission right-of-way (both routine and emergency)

II or IV

5.3 Routine Vegetation Management: Hazard Tree Removal II or IV

5.4 Major Corrective Maintenance includes for example:

• Reconductoring projects

• New powerline construction or alignment changes

• New road and trail construction

• New underground projects

• Multiple structure relocation or replacement

• Non-routine or specialized vegetation management

• Large-scale wood product removal

III or V

5.4 Construction of new facilities (e.g., new distribution or transmission lines)

III or V

5.5 Emergency Repairs IV

Access to Power Lines

PacifiCorp must have reasonable access for vehicles and personnel to the facilities for operation, maintenance, and emergency repair. This would be accomplished by using existing roads and trails (collectively, “Access Roads”) but may also require overland travel or repair to existing access routes.

Any overland travel would occur within the existing right of way between structures (up to 50 feet from centerline for transmission lines and up to 10 feet from centerline for distribution lines). The current condition of the Access Roads, as well as the area between structures, is adequate for routine line maintenance. However, minor repairs to existing access routes such as removal of obstructions, graveling, and pothole repair may be necessary. Permanent ground disturbing repair to access roads (such as grading, etc.) and construction of new access routes are outside the scope of this Proposed Action and would not be conducted without Reclamation’s authorization, subject to compliance with applicable federal environmental laws and regulations as deemed necessary.

Operation and Maintenance Activities

Within the retained easements at the Keno Dam, there are approximately 2,589 feet of distribution lines (and no transmission line), nine (9) distribution poles, and one (1) transmission pole for which O&M activities may be necessary.

O&M activities consist of three components: Routine, Major Corrective, and Emergency.

Routine Maintenance Inspections

Visual Assurance Inspections - PacifiCorp is required to perform a visual assurance inspection of each transmission line on a cycle that varies from twice per year to every other year. This inspection is performed by an inspector generally via 4-wheel drive pickup or 4-wheel drive all-terrain vehicle (ATV) on existing access routes or otherwise in compliance with overland travel restrictions, or via helicopter. Additional support vehicle(s) may be required. In some cases, the inspector walks the line. The inspector assesses the condition of the transmission line and hardware to determine if any components need to be repaired or replaced, or if other conditions exist that require maintenance or modification. The inspector would also note any encroachments and or other activities that could constitute a safety hazard or are unauthorized. Visual assurance inspections for distribution lines are conducted every other year.

Detail Inspection (ground) - PacifiCorp performs a detailed inspection of its transmission and distribution lines on a 1- to 20-year cycle dependent on the criticality of the line segment as determined by PacifiCorp management. The inspector would access all structures of the line on existing access routes and check all equipment and other components to determine if repairs or maintenance is required. Inspectors performing this work generally use conventional 4-wheel drive trucks, 4-wheel drive ATVs, snow cats, or the inspector may walk the line. Additional support vehicles may be required. These inspections may also be done using binoculars and spotting scopes.

Minor repairs to structures (non-ground disturbing) may also be made during detailed ground inspections.

Wood Pole Test and Treat – PacifiCorp undertakes a wood pole test and treat program (Appendix B of the O&M Plan) in which each pole is tested on a 10- to 20-year cycle. This activity is subject to the notification and approval process outlined in Class II activities above and is outside the scope of this EA analysis.

Outage Caused Inspection – In the event of an outage or interruption in the transmission and distribution of electricity, PacifiCorp would conduct an aerial or ground inspection to determine the cause of the interruption. Outage caused inspections are performed utilizing similar equipment and points of access as for the other above listed inspections. In addition, linemen use service trucks (typically a 4-wheel drive truck with a personnel bucket to lift employees to the pole) to access the pole to determine the cause of the outage and make necessary repairs. This inspection may take place at any time of the day or night and result in emergency repairs. Additional support vehicle(s) may be required; all vehicles would use existing access routes or otherwise travel in compliance with overland travel restrictions.

Routine Corrective Maintenance

Routine maintenance activities are ordinary maintenance tasks carried out on a routine basis. The work is typically repair or replacement of individual components due to ordinary wear and tear, performed by a relatively small crew using a minimum of required equipment, and usually conducted within a period from a few hours up to a few days. Work requires access to the portion of the line requiring maintenance to allow for safe and efficient repair of the facility. Equipment required for this work may include a 4-wheel drive truck, material (flatbed) truck, bucket truck, boom truck, or man lift. Additional support vehicles, including helicopters, may be required. All vehicles would use existing access routes or otherwise travel in compliance with overland travel restrictions. This work is scheduled and is typically required to address issues found during inspections.

Examples of activities classified as routine maintenance include:

• Insulator replacement

• Cross arm repair or lowering

• Cross arm replacement

• Hardware tightening

• Conductor repair or replacement

• Repair or replacement of existing underground facilities (subject to notification/approval process)

• Internal communications repair and replacement

• Shoo-fly installations/interest installations

• Anchor replacement (subject to notification/approval process)

• Guy wire replacement (above ground only)

• Tower strengthening and hardware tightening

• Installation of bird line markers

• Retrofitting pole/structure(s) to avian safe construction standards

• Guy wire tightening or replacement (above ground only)

• Access road and trail maintenance (removal of obstructions, graveling, ensuring suitability to use; grading and/or other permanent, ground disturbing repairs subject to notification/approval process)

• Non-threatened and endangered species nest removal (in accordance with PacifiCorp-held permits and approvals related to avian management)

• Ground and aerial inspections

• Pole test and treat (subject to notification/approval process)

• Pole and tower replacement (subject to notification/approval process)

• Vegetation Management

Most routine maintenance activities typically have no potential to disturb or unduly affect natural resources or access roads. For those activities that involve ground disturbance (such as repair/replacement of existing underground facilities, anchor replacement, access road repair/maintenance, pole test and treat, and pole and tower replacements as identified above), PacifiCorp would provide Reclamation with a notification package including all proposed work, including a description of the activity, the locations, resources anticipated to be impacted, best management practices, etc. PacifiCorp would obtain Reclamation approval, subject to further environmental compliance, if necessary, prior to commencing work.

Routine Vegetation Management

PacifiCorp's Vegetation Management Program manages tall vegetation under or around PacifiCorp’s power lines and is a critical component of PacifiCorp’s wildfire mitigation program. PacifiCorp uses integrated vegetation management (IVM) techniques to remove trees and undesirable vegetation.

The goal of IVM on utility rights-of-way is to establish sustainable, low-growing plant communities that are compatible with power lines and discourage undesirable tall vegetation that could pose potential safety, access, fuel load or reliability problems. IVM requires a combination of manual, mechanical and herbicide control methods. Equipment and materials used would vary with each control method selected. Access is required along the power line and is typically achieved on foot, by ATV, or vehicle from existing access roads with the choice made based on the terrain and work to be completed.

Integrated Vegetation Management techniques include but are not limited to:

• Manual and mechanical cutting, where wood debris is left on site to enrich the soil. Hand-operated power tools (chainsaws), mechanical equipment, and hand tools are used to cut, clear, or prune herbaceous and woody target species.

• Cover type conversion, which uses herbicides in combination with manual/mechanical cutting to remove incompatible tall-growing trees and other vegetation from the right-of-way to establish a stable, low-growing plant community.

Tree Removal PacifiCorp would remove trees under the circumstances described below. If non-emergency tree removal is necessary, PacifiCorp would provide advance notification to Reclamation by providing a notification package as described above and under Section 3 of the O&M Plan.

1) All fast-growing trees located directly below distribution lines and that could continually grow into the lines would be removed. Tree removal would be limited to the right of way corridor and would not exceed 15 feet on either side of the wires. Trees are typically cut within 6 inches of the ground and left onsite (Section 6.3.1 of the O&M Plan)

2) Tree removal on transmission lines varies depending on the height of the wires. A graphical representation of PacifiCorp's BMPs for tree removal on transmission line rights-of-way is provided in Figure 1 of the O&M Plan and further discussed in Section 6 of the O&M Plan, Best Management Practices.

3) Hazard trees are those larger trees that could interfere with the transmission or distribution system. These are identified through a specific hazard tree inspection. Removal of hazard trees would be coordinated with Reclamation per the notification and approval process discussed in above.

Major Corrective Maintenance Activities

Major corrective maintenance activities are relatively large-scale planned efforts that occur on an infrequent basis, including reconductoring, realigning, upgrading, rebuilding, relocating, or replacing an entire powerline facility or any segment of it, construction of new facilities, new road or trail construction, new underground projects, non-routine or special vegetation management, and/or large-scale wood product removal. Facilities may require replacement due to damage, age, or other factors. This type of work encompasses more work than defined by routine or under emergency activities. Major corrective maintenance activities are outside the scope of the Proposed Action within this NEPA analysis and as such, PacifiCorp would provide Reclamation ample notice of any plans for major corrective maintenance activities and recognizes that it must receive authorization, subject to federal environmental laws and regulations, prior to proceeding with implementation (Section 5.4 of PacifiCorp’s O&M Plan).

Emergency Repair Activities

The implementation of routine O&M activities on power lines would minimize the need for most emergency repairs. However, a condition or situation that is imminently likely to endanger life or property or that is imminently likely to cause a material adverse effect on security or reliability of, or damage to, PacifiCorp’s electrical system and/or the flow of electricity is considered an emergency.

Emergency repair work would be required to resolve a situation that, if not corrected, could compromise the transmission or distribution facilities, electric system reliability, or could pose a wildfire ignition or other public safety risk.

Best Management Practices

PacifiCorp’s Best Management Practices can be found in Section 6 of the O&M Plan, available upon request.

Per Exhibit C Form of Warranty Deed and PacifiCorp Reserved Interests of the Transfer Agreement between PacifiCorp and Reclamation, PacifiCorp’s operating plan “shall be reviewed and updated as necessary by Grantor and reapproved by the authorized officer at least every 10 years.” Reapproval may be subject to additional environmental compliance efforts pursuant to federal laws and regulation, as necessary.

2.2.2 Keno Impoundment Gaging Station

In connection with Keno Dam, PacifiCorp owns and operates a gaging station (Weed Bridge Gaging Station; Figure 6 in Appendix A) in the Klamath River, which measures water levels in the impoundment upstream of Keno Dam (Keno Impoundment). This structure is located beneath the south abutment of Highway 97 (Weed)/Klamath River bridge, a state highway operated and maintained by the Oregon Department of Transportation.

This measuring station is necessary to regulate releases through Keno Dam and coordinate these operations with releases from Link River Dam and discharges from the Lost River Diversion Channel and Klamath Straits Drain.

The gaging station is a small, concrete…