Tri-Dam_2015_Shoreline_Management_Plan_FERC.pdf

TULLOCH RESERVOIR

SHORELINE MANAGEMENT PLAN

Tulloch Hydroelectric Project FERC Project No. 2067

May 2015

©2015, Tri-Dam Project All Rights Reserved

20150430-5578 FERC PDF (Unofficial) 4/30/2015 4:22:10 PM

Tri-Dam Project

May 2015 Tulloch Reservoir Shoreline Management Plan Table of Contents ©2015, Tri-Dam Project Page TOC-i

Table of Contents Section No. Description Page No.

GLOSSARY .......................................................................................................................... GLO-1

1.0 Introduction ...................................................................................................................... 1-1

1.1 Description of the Tulloch Project ....................................................................... 1-3

1.2 Purpose, Objectives and Goals of the SMP ......................................................... 1-6

1.3 Coordination with other Parties in Implementing the SMP ................................. 1-7

1.4 SMP Provisions to Protect Sensitive Environmental Resources ......................... 1-8

1.5 Periodic Assessment of Updates to the SMP ....................................................... 1-8

1.6 History of Shoreline Management at the Tulloch Project ................................... 1-9

2.0 Goals, Policies and Management Implementation........................................................... 2-1

3.0 Land Use and Shoreline Classifications .......................................................................... 3-1

3.1 Management Measures for Special-Status Species and Their Habitats ............... 3-2

3.2 Management of Western Pond Turtle .................................................................. 3-3

3.3 Management of Bats ............................................................................................ 3-4

3.4 Management of Osprey ........................................................................................ 3-4

3.5 Coordination with Appropriate State and County Agencies to Establish Wildlife Protection Areas Where Motorized Boating is Prohibited .................... 3-4

3.5.1 Black Creek Wildlife Area ....................................................................... 3-5

3.5.2 Green Springs Wildlife Area ................................................................... 3-6

3.6 Elderberry Plants (License Article 405, Condition 11) ....................................... 3-7

3.7 Vegetative Habitat ............................................................................................... 3-8

3.7.1 Vegetative Habitat Management .............................................................. 3-8

3.8 Cultural Resources ............................................................................................... 3-9

4.0 SMP Permitting Processes ............................................................................................... 4-1

4.1 General Requirements .......................................................................................... 4-1

4.1.1 Application Procedure ............................................................................. 4-1

4.1.2 Construction ............................................................................................. 4-2

4.1.3 Inspection ................................................................................................. 4-3

4.1.4 Tri-Dam Project’s Role in Issuing Permits under the SMP ..................... 4-3

4.1.5 Violations and Enforcement .................................................................... 4-4

4.2 Commercial Facilities Program ........................................................................... 4-4

4.2.1 General ..................................................................................................... 4-4

4.2.2 Application Procedure ............................................................................. 4-5

4.2.3 Criteria for Commercial Facilities ........................................................... 4-5

4.3 Private Facilities Program .................................................................................... 4-5

4.3.1 General ..................................................................................................... 4-5

4.3.2 Application Procedure ............................................................................. 4-6

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Table of Contents (continued) Section No. Description Page No.

4.3.3 Criteria for Private Facilities .................................................................... 4-6

4.4 Excavation Program ............................................................................................. 4-7

4.4.1 General ..................................................................................................... 4-7

4.4.2 Application Procedure ............................................................................. 4-7

4.4.3 Criteria for Excavation ............................................................................. 4-7

4.5 Shoreline Management and Stabilization Program .............................................. 4-8

4.5.1 General ..................................................................................................... 4-8

4.5.2 Application Procedure ............................................................................. 4-8

4.5.3 Criteria for Shoreline Stabilization and Erosion Protection Facilities ..... 4-8

4.6 Buoys and Signage Program ................................................................................ 4-9

4.6.1 General ..................................................................................................... 4-9

4.6.2 Application Procedure ............................................................................. 4-9

4.6.3 Criteria for Buoy Installation ................................................................... 4-9

5.0 References Cited .............................................................................................................. 5-1

List of Figures Figure No. Description Page No.

1.1-1. Water Projects in the Middle Fork, South Fork and main stem of the Stanislaus River ................................................................................................... 1-4

1.1-2. Tri-Dam Project’s Tulloch Hydroelectric Project facilities and features. ........... 1-5 3.5-1. Black Creek Wildlife Area ................................................................................... 3-6 3.5-2. Green Springs Wildlife Area ............................................................................... 3-7

List of Tables Table No. Description Page No.

3.1-1. Species listed as threatened or endangered under the ESA or CESA or Fully Protected under California law that occur or have a potential to occur within the Tulloch Hydroelectric Project’s FERC Project Boundary. ....... 3-2

3.7-1. Vegetative Habitats at Tulloch Reservoir ............................................................ 3-8

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ATTACHMENTS

Attachment A Map of County Land Use Designations within the FERC Project Boundary Attachment B Map of the Land Ownership within the FERC Project Boundary Attachment C Maps Showing Locations of Special-status Species Sensitive Habitat within the FERC Project Boundary (Privileged) Attachment D Map of Valley Elderberry Longhorn Beetle Habitat (i.e., Elderberry

Plants) within the FERC Project Boundary Attachment E Map of Vegetation Types within the FERC Project Boundary Attachment F Map of Noxious Weed Populations within the FERC Project Boundary Attachment G Maps of Historic Property Locations at the Tulloch Hydroelectric Project

(Privileged) Attachment H Consultation Record

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May 2015 Tulloch Reservoir Shoreline Management Plan Glossary ©2015, Tri-Dam Project Page GLO-1

GLOSSARY

Definitions of terms, acronyms, and abbreviations used in this Tulloch Reservoir Shoreline Management Plan.

Term Definition Applicant Projects Alternative term used for shoreline development projects defined below.

Application A lease or use agreement for shoreline development. A Tri-Dam Project form upon which an applicant describes and officially requests permission of a given use or facility within the FERC Project Boundary.

BLM United States Department of Interior, Bureau of Land Management BMPs Best Management Practices Boathouse/ Covered Boat slip

A floating, roofed structure with open sides and designed for permanent or temporary watercraft storage.

Boat lift A facility within or adjacent to a boat slip designed to lift a boat or watercraft above the normal high water level for temporary or permanent storage purposes.

Boat slip An unroofed structure designed for temporary or permanent watercraft storage. A boat slip is normally 10 feet wide by 20 feet long and is confined by at least three sides. One boat slip can accommodate only one watercraft at a time.

Buoy A floating waterway marker.

Cal Fish and Wildlife California Department of Fish and Wildlife CESA California Endangered Species Act Chief Federal Energy Regulatory Commission’s Chief of Land Resources Branch CNDDB California Department of Fish and Wildlife’s California Natural Diversity Data Base Commercial/ Non-residential

A shoreline/reservoir use that involves the use of project lands and waters for facilities where boats can be launched, retrieved or moored, and where provisions for food services or convenience retailing, including petroleum dispensing, wet and dry storage of watercraft and other activities normally associated with marinas, campgrounds and yacht clubs are made.

Non-Commercial/ Residential

A shoreline/reservoir use that involves the use of project lands and waters for facilities where boats can be launched, retrieved or moored for the purpose of providing access to the reservoir for certain residential property owners, particularly off-water lots and multi-family dwellings. Residential properties associated with this classification include townhouses, condominiums and subdivision access lots.

counties Calaveras and Tuolumne CSERC Central Sierra Environmental Resource Center CWA Clean Water Act DHAC Division of Hydropower Administration and Compliance Dock A facility located on the reservoir which is designed to accommodate the parking and/or in water storage of watercraft.

DOI Department of Interior Earthfill The placement of fill material (soil or rock) within the FERC Project Boundary.

Encroachment Permit A permit which provides authorization for a particular use or facility within the FERC

Project Boundary.

ESA Federal Endangered Species Act Excavation Removal of soil or rock material from within the FERC Project Boundary.

Facility Any structure, use, or combination of structures that are placed within the FERC Project

Boundary. A structure includes, but is not limited to a boat ramp, dock, buoy or other mooring facility, basin, retaining wall, float, access ramp, stairs or piers.

Facility Expansion The modification of an existing facility that results in an increase of its reservoir incursion, increased decking square footage, increased dock size, an increase in the number of boats it can accommodate, or increases or decreases in water storage quantities.

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Glossary (continued) Term Definition

Facility Maintenance or Rebuild

The reconfiguring or repairing of existing facilities in a like for like fashion. Rebuilds are minor in nature and do not result in any significant modification or expansion of project facilities.

Fee A dollar amount paid by the applicant to the Tri-Dam Project to help offset Tri-Dam Project’s costs for processing of encroachment permit applications and other reservoir use permits.

FERC or Commission Federal Energy Regulatory Commission, the federal agency that issues permits for hydroelectric projects to non-federal entities and from whom Tri-Dam Project must obtain approval for any facilities within the FERC Project Boundary.

Float A floating platform for use by swimmers or for docking watercraft.

ft feet Full Reservoir Elevation

The elevation, measured in feet above mean sea level, of the top of the reservoir’s spillway or the top of the floodgates. This is normally referred to as the 510 foot elevation.

FERC Project Boundary

Also “project boundary”, generally include the reservoir and adjoining lands to the 515 foot contour elevation.

GIS Geographic Information System HPMP Historic Properties Management Plan Individual Private Facility

A facility which provides access to the reservoir for the owner or lease holder of a single waterfront lot containing one single family type dwelling. Individual private facilities may include, but are not limited to piering for structures, docks, boatlifts, floats, boatslips, and boatramps.

mph Miles per hour MW megawatt NGOs Non-governmental Organizations NMWSE Normal Mean Water Surface Elevation OID Oakdale Irrigation District Project The Tulloch Hydroelectric Project, FERC Project Number 2067 Reclamation U.S. Department of Interior, Bureau of Reclamation Shoreline Development Project

Shoreline development projects are construction or land-disturbing activities within the shoreline zone proposed by Project abutters and include the placement, installation, construction, repair, maintenance or replacement of any structure, any excavation or the placement of any fill at Tulloch Reservoir at or below an elevation of 515 feet. The replacement, expansion or other alteration of any legally existing grandfathered facilities in place at the time of adoption of the Shoreline Management Plan is also included in this definition.

SMP Tulloch Shoreline Management Plan SPLAT Stanislaus Planning Action Team Tri-Dam Project or Licensee

Oakdale Irrigation District and South San Joaquin Irrigation District cooperatively operating as the joint licensees of the Tulloch Project

USACE United States Army Corps of Engineers USFWS United States Department of the Interior, Fish and Wildlife Service Waterway Marker Any device designed to be placed in, on, or near the water to convey an official message to a boat operator on matters which may affect health, safety or well-being.

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SECTION 1.0

INTRODUCTION

In a letter dated April 1, 2014, the Federal Energy Regulatory Commission’s (FERC or Commission) Chief (Chief) of the Land Resources Branch of the Division of Hydropower Administration and Compliance (DHAC) directed the Tri-Dam Project to file a revised draft Tulloch Reservoir Shoreline Management Plan (SMP) by December 31, 2014 and, after consultation with United States Department of the Interior (DOI), Fish and Wildlife Service (USFWS), California Department of Fish and Wildlife (Cal Fish and Wildlife), Tuolumne and Calaveras counties, and representatives of homeowners associations that have land that directly abut Tulloch Reservoir, file an updated SMP by May 1, 2015 with the Commission for approval.

The Chief’s letter stated that, until the Commission approves the SMP, the Tri-Dam Project will continue operating the Project under the SMP that was included in Exhibit E of Tri-Dam Project’s December 23, 2002 license application. The 2002 SMP provides to the Tri-Dam Project the authority to grant, for activities listed in the plan, permission for use of lands within the FERC Project Boundary1 without prior approval of the Commission.2 The FERC Project Boundary is defined as the area within the 515-feet (ft) elevation contour, which is 5 ft above the normal maximum water surface elevation (NMWSE) of Tulloch Reservoir. This is an area of approximately 1,638 acres.

Tulloch Reservoir is part of Tri-Dam Project’s Tulloch Hydroelectric Project, FERC Project Number 2067 (Project). The initial license for the Project was issued by the Federal Power Commission (FERC’s predecessor) to the Tri-Dam Project on January 1, 1955 for a term ending on December 31, 2004. The Commission issued a new License for the Project to the Tri-Dam Project on February 16, 2006 for a term ending on December 31, 2045.

The new license issued in 2006 included the Commission’s standard land use and occupancy article as Article 413. This article provides Tri-Dam Project with the authority to grant permission for certain types of use and occupancy lands within the FERC Project Boundary without prior Commission approval. The provisions of this standard land use and occupancy article that parallel many of the procedures incorporated into this SMP are repeated below as additional support for approval and implementation of this revised SMP.

Article 413. Standard Land Use and Occupancy.

(a) In accordance with the provisions of this article, the licensee shall have the authority to grant permission for certain types of use and occupancy of project

1 The FERC Project Boundary is the area that the Tri-Dam Project uses for normal Project operations and maintenance. The boundary is shown in Exhibit G of the new license, and may be changed by the Commission with cause from time to time during the term of a license.

2 The 2002 SMP and this revised SMP recognize that there are existing, legally installed facilities within the FERC Project Boundary that do not require the Commission’s approval, assuming the facilities were legally installed and installation was completed by February 16, 2006. These facilities are considered “grandfathered.” However, any modifications to these facilities are subject to the provisions of the SMP in effect at that time.

Introduction Tulloch Reservoir Shoreline Management Plan May 2015 Page 1-2 ©2015, Tri-Dam Project lands and waters and to convey certain interests in project lands and waters for certain types of use and occupancy, without prior Commission approval. The licensee may exercise the authority only if the proposed use and occupancy is consistent with the purposes of protecting and enhancing the scenic, recreational, and other environmental values of the project. For those purposes, the licensee shall also have continuing responsibility to supervise and control the use and occupancies for which it grants permission, and to monitor the use of, and ensure compliance with the covenants of the instrument of conveyance for, any interests that it has conveyed under this article. If a permitted use and occupancy violates any condition of this article or any other condition imposed by the licensee for protection and enhancement of the project's scenic, recreational, or other environmental values, or if a covenant of a conveyance made under the authority of this article is violated, the licensee shall take any lawful action necessary to correct the violation. For a permitted use or occupancy, that action includes, if necessary, canceling the permission to use and occupy the project lands and waters and requiring the removal of any non-complying structures and facilities.

(b) The types of use and occupancy of project lands and waters for which the licensee may grant permission without prior Commission approval are: (1) landscape plantings; (2) non-commercial piers, landings, boat docks, or similar structures and facilities that can accommodate no more than 10 water craft at a time and where said facility is intended to serve single-family type dwellings; (3) embankments, bulkheads, retaining walls, or similar structures for erosion control to protect the existing shoreline; and (4) food plots and other wildlife enhancement. To the extent feasible and desirable to protect and enhance the project's scenic, recreational, and other environmental values, the licensee shall require multiple use and occupancy of facilities for access to project lands or waters. The licensee shall also ensure, to the satisfaction of the Commission's authorized representative, that the use and occupancies for which it grants permission are maintained in good repair and comply with applicable state and local health and safety requirements. Before granting permission for construction of bulkheads or retaining walls, the licensee shall: (1) inspect the site of the proposed construction, (2) consider whether the planting of vegetation or the use of riprap would be adequate to control erosion at the site, and (3) determine that the proposed construction is needed and would not change the basic contour of the reservoir shoreline. To implement this paragraph (b), the licensee may, among other things, establish a program for issuing permits for the specified types of use and occupancy of project lands and waters, which may be subject to the payment of a reasonable fee to cover the licensee's costs of administering the permit program. The Commission reserves the right to require the licensee to file a description of its standards, guidelines, and procedures for implementing this paragraph (b) and to require modification of those standards, guidelines, or procedures.

The permitting standards and guidelines included in this SMP generally describe the maximum sizes of the facilities that can be permitted by the Tri-Dam Project at Tulloch Reservoir.

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However, these guidelines also include provisions to address overcrowding, navigability and other development concerns and therefore, not all applicants seeking shoreline development permits for their properties will be able to achieve the maximum facility sizes that can be permitted under this SMP.

This SMP is filed with the Commission in accordance with the Chief’s April 1, 2014 letter and was prepared in conformance with Articles 411 and 413 of the license.

1.1 Description of the Tulloch Project

The Project is located in Tuolumne and Calaveras counties, California, (collectively referred to as “counties” in this SMP) on the main stem of the Stanislaus River, immediately downstream of the DOI, Bureau of Reclamation’s (Reclamation) New Melones Reservoir, a part of the Federal Central Valley Project. Major Project facilities include: 1) the 200-ft high Tulloch Dam, located 62 mile (mi) upstream of the Stanislaus River’s confluence with the San Joaquin River. The dam has a crest elevation of 515 ft; 2) Tulloch Reservoir, with a gross storage capacity of 66,968 ft, a shoreline length of 30.9 mi, and a surface area at NMWSE of 1,260 acres; and 3) the three units (two 11.7 megawatt [MW] units and one 6.8 MW unit) at Tulloch Powerhouse, located on the north side of the Stanislaus River, at the base of Tulloch Dam.

Major vehicular access to Tulloch Reservoir is along State Highways 108/120 and O’Byrnes Ferry Road.

Figures 1.1-1 and 1.1-2 show the Tulloch Project location and Project features, respectively.

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Figure 1.1-1. Water Projects in the Middle Fork, South Fork and main stem of the Stanislaus River.

F E R C

P D F

U n o f f i c i a l

P M

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Figure 1.1-2. Tri-Dam Project’s Tulloch Hydroelectric Project facilities and features.

F E R C

P D F

U n o f f i c i a l

P M

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1.2 Purpose, Objectives and Goals of the SMP

The purpose of this SMP is to describe the minor shoreline development activities (referred to in the SMP as “shoreline development projects” and “applicant projects”) within the FERC Project Boundary for which the Commission in the license has provided to the Tri-Dam Project the authority to grant, without prior approval by the Commission (see Articles 411 and 413). FERC includes license conditions that require the development and implementation of shoreline management plans designed to protect sensitive resources at projects that allow shoreline development activities within the FERC project boundary. FERC’s guidance documents framing the development of SMPs require that Licensees include shoreline construction and maintenance methodologies designed to protect sensitive shoreline resources and to enforce these provisions under the FERC operating license. The Tri-Dam Project intends to approve applicants’ proposed minor shoreline development projects by use of encroachment permits. This SMP describes how the Tri-Dam Project will issue encroachment permits to authorize proposed minor shoreline development projects at the Tulloch Hydroelectric Project.

The goal of the SMP is to assist applicants proposing minor shoreline development projects by providing a defined process to apply for an encroachment permit and describing the process the Tri-Dam Project will undertake to issue an encroachment permit. The process is designed to:

Provide clear guidelines for minor shoreline development;

Meet regulatory requirements;

Protect the Tri-Dam Project’s power generation interests; and

Protect and enhance the scenic, environmental, and public recreational value of the reservoir.

All proposed minor shoreline development projects must obtain an encroachment permit from the Tri-Dam Project prior to construction. All applicant projects may be assessed an application filing fee, user fee, and security deposit to offset reasonable costs associated with the continued operation of a comprehensive management program and to ensure compliance with the program guidelines under the SMP provisions in effect at that time. The Tri-Dam Project may amend or modify the fee program for all existing and future docks and encroachments to offset the cost of administering and managing the SMP.

This SMP also applies to any replacement, expansion or other alteration of “grandfathered” minor shoreline development facilities, which may not be compatible with current and future guidelines. These structures may be maintained or repaired, though their use does not conform to these guidelines. When it becomes necessary to replace, expand or otherwise alter a previously approved non-complying structure, the new structure must comply with the guidelines in effect at the time of replacement. Proposed minor shoreline development projects that are not consistent with this SMP will be rejected by the Tri-Dam Project or, if they are outside the scope of this SMP, referred to the Commission.

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It is important to note that planning, constructing, operating and maintaining the applicant’s project covered under this SMP may require obtaining local, state and federal permits and approvals in addition to an encroachment permit from the Tri-Dam Project. It is the sole responsibility of the applicant proposing the project to identify and obtain these permits and approvals, and meet all requirements of such permits and approvals. Consulting with or obtaining an encroachment permit from the Tri-Dam Project in no way relieves the applicant from identifying and obtaining these other permits and approvals, or adhering to the requirements in those other permits and approvals.

The Tri-Dam Project will coordinate, to the extent appropriate, the efforts required under this SMP with other resource management plans and measures included in the FERC license. Some of these resource management plans include:

Shoreline Erosion Monitoring Plan (Article 403);

Vegetation Management Plan (Article 405);

Western Pond Turtle Management Plan (Article 406);

Wildlife Management Plan (Article 407);

Valley Elderberry Longhorn Beetle Protection Plan (Article 408);

Reservoir Recreation Plan (Article 409); and

Historic Properties Management Plan (Article 412).

Broad descriptions of how these resource management plans support management and protection of sensitive environmental resources within the FERC Project Boundary during minor shoreline permitting activities are provided in Section 3 of this SMP. The current, approved versions of the resource management plans listed above contain the specific details of the management procedures being implemented under the Tulloch Project FERC license to protect sensitive resources at the Project. Combined, these resource management provisions being implemented by the Tri-Dam Project in conjunction with this SMP protect sensitive areas within the FERC Project Boundary from inappropriate encroachment.

1.3 Coordination with other Parties in Implementing the SMP

Several agencies have jurisdictional authority at Tulloch Reservoir. The purpose of this SMP is to develop a comprehensive policy as it relates to the FERC license for managing the reservoir’s shoreline and water surface that is consistent with the Project’s primary purpose, under the license, of power generation. The goal of the SMP is to balance present and future minor shoreline development with the need to provide a safe and enjoyable experience for visitors and residents, and to protect and enhance natural resources in and around the reservoir.

Implementation and success of this SMP depends upon the ongoing commitment and cooperation of the Tri-Dam Project, counties, land and resource agencies, commercial marinas and homeowners around the reservoir.

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1.4 SMP Provisions to Protect Sensitive Environmental Resources

This SMP provides public outreach and management provisions designed to protect sensitive environmental resources in the following sections:

Goal 6 in Section 2.0 describes handouts to the public and coordination with other agencies to protect sensitive environmental resources while managing minor shoreline development at Tulloch Reservoir;

Section 3.1 references management measures in other plans included in the FERC license for managing special-status species and habitat;

Section 3.9 references management measures in other plans included in the FERC license for managing noxious weeds; and

The shoreline permitting process framed in Section 4.0 provide for oversight of minor shoreline development by the Tri-Dam Project in item 3 in Section 4.1.1 and in item 1 in Section 4.2.1.

1.5 Periodic Assessment of Updates to the SMP

As conditions at the Project change over time, the Tri-Dam Project will assess whether amendments or revisions to the SMP are needed to respond to new, on-the-ground conditions or regulatory actions that may affect management of sensitive shoreline resources. If proposed potential changes to the SMP are identified, the Tri-Dam Project will initiate consultation by providing notice of proposed SMP revisions to the USFWS, Cal Fish and Wildlife, the counties, commercial marinas and representatives of homeowners associations that have land that directly abut Tulloch Reservoir. These notices will provide for a 30-day written comment period and as appropriate, modification of the proposed changes prior to filing the updated SMP with FERC.

The updated SMP will be implemented when approved by the Commission.

In addition, every 10 years following the Commission’s approval of this SMP, the Tri-Dam Project will conduct an adequacy assessment of the SMP in consultation with the USFWS, Cal Fish and Wildlife, the counties, commercial marinas and representatives of homeowners associations that have land that directly abut Tulloch Reservoir. This review will consider whether the SMP is meeting current needs and conditions, and if any changes are needed. The results of this periodic consultation and review process will be filed with the Commission for review and approval.

In the event that the Tri-Dam Project otherwise determines that the SMP needs to be substantively updated, the Tri-Dam Project will file an updated SMP for the Commission’s approval with its 10-year adequacy assessment report. The Tri-Dam Project will include documentation of consultation and its response to any comments or recommendations not adopted in the SMP as revised. As noted above, the Tri-Dam Project will provide to the parties listed above a 30-day written comment period for all adequacy assessment reports or updates to the SMP prior to finalizing and filing them with the Commission for approval.

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1.6 History of Shoreline Management at the Tulloch Project

Article 39 of the initial license provided Tri-Dam Project with the authority to grant permission for use of lands within the FERC Project Boundary. To implement this authority, the Tri-Dam Project filed an initial Reservoir Management Plan with FERC on November 3, 1978, and amended it on December 8, 1978 and January 9, 1979.

The Tri-Dam Project also filed with FERC on November 20, 1978, an application to permit the Heart Federal Savings and Loan Association to develop and sell lands within the Lake Tulloch Shores Subdivision, Unit Numbers 1 and 2, that included a unique provision to construct housing over the reservoir.

FERC approved the 1978 Reservoir Management Plan, as amended, including the subdivision on February 2, 1979.

The Tri-Dam Project requested an additional amendment addressing shoreline erosion structures on July 8, 1998, which FERC approved on October 13, 1998.

During the Project relicensing process, the Tri-Dam Project conducted broad-focus public meetings with resource agencies, non-governmental organizations (NGOs) and other parties interested in relicensing of the Project. Several broad-focus public groups were formed in order to effectively provide comments and participate in this process. The first group formed was known as the Stanislaus Planning Action Team (i.e., SPLAT), and from this group, several subgroups were formed. One of these, the Tulloch Reservoir Shoreline Management Subgroup, was created to develop a new Tulloch Reservoir SMP that would become effective upon issuance of a new Project license.

The Tulloch Reservoir Shoreline Management Subgroup discussed the need to develop an overall development plan for the reservoir. Tulloch Reservoir is unique in that a significant portion of the lands surrounding the reservoir are privately-owned and subject to development pressures, which in this case consists of privately-owned lands within two counties (Calaveras and Tuolumne). Many landowners have private docks and, at present, there are approximately 500 single-family residential docks along the shoreline. Most of the docks are designed with one slip; however, it is common to see additional watercraft tied to the sides of these docks.

The Commission issued a new License for the Project to the Tri-Dam Project on February 28, 2006 for a term ending on January 1, 2046. The license specifically requires that the Tri-Dam Project: 1) obtain Commission approval of any actions that in any way would reduce the storage capacity of Tulloch Reservoir; and 2) obtain FERC approval for the use of lands within the FERC Project Boundary.

Article 411 of the new license included implementation of the 2002 SMP filed during the relicensing process, and also required the Tri-Dam Project to revise and refile the 2002 SMP. In particular, Article 411 requires the Tri-Dam Project to consult with the following parties during revision of the SMP:

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Cal Fish and Wildlife;

USFWS;

Counties; and;

Representatives of homeowner’s associations for land abutting Tulloch Reservoir.

Article 413 of the new license included the Commission’s standard land use and occupancy article, which provides Tri-Dam Project with the authority to grant permission for certain, but not all, types of use and occupancy lands within the FERC Project Boundary without prior Commission approval.

To update the existing Tulloch Reservoir SMP, on December 31, 2014, Tri-Dam Project filed a Draft Updated Tulloch Reservoir SMP with FERC and distributed it to the USFWS, Cal Fish and Wildlife, the counties, and representatives of homeowners associations that have land that directly abut Tulloch Reservoir3 asking for written comments by February 2, 2015. In addition, at the same time Tri-Dam Project provided the Draft Updated SMP to Reclamation, Bureau of Land Management (BLM), and Central Sierra Environmental Resource Center (CSERC) and requested written comments by February 2, 2015.

Tri-Dam Project extended its outreach beyond the requirement in the FERC license. On January 14, 2015, Tri-Dam Project distributed a notice of the Draft Updated Tulloch Reservoir SMP availability to all landowners with property adjoining Tulloch Reservoir for review and, requested written comments by February 15, 2015. At the request of a couple of landowners, Tri-Dam Project extended the written comment deadline to March 15, 2015.

In a further outreach effort, Tri-Dam Project held a public meeting on April 11, 2015 at Tulloch Reservoir to discuss the Draft Updated Tulloch Reservoir SMP. The meeting was advertised in local periodicals and Tri-Dam Project provided direct mail notification of the meeting to each waterfront landowner.

In response to its consultation and outreach, Tri-Dam Project was contacted via e-mail or letter by 14 parties interested in the Draft Updated SMP, and received written comments from 10. In addition, Tri-Dam Project received phone calls from a few individuals, primarily asking procedural questions about the document and process.

Attachment H includes documentation of Tri-Dam Project’s consultation, and a response to each comment received by Tri-Dam Project either in writing or at the April 11 public meeting.

3 Representatives of homeowners associations that have land that directly abuts Tulloch Reservoir include at this time Copper

Cove at Lake Tulloch Owners’ Association, Lake Tulloch Alliance, Connor Estates Master Association, Black Jack Bluffs Association, Peninsula Estates Association, Lake Tulloch Shores Subdivision, and Calypso Bay Property Owners Association.

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SECTION 2.0

GOALS, POLICIES AND MANAGEMENT

IMPLEMENTATION

This section provides the goals, policies and management implementation measures that provide the foundation of this SMP.

GOAL 1: PROVIDE AN OVERALL MANAGEMENT PLAN FOR THE RESERVOIR

Policy:

Encourage cooperative planning and management efforts among the multi-jurisdictional agencies at Tulloch Reservoir.

Implementation Measures:

Adoption of the same rules governing use of the reservoir by Calaveras and Tuolumne counties address many past issues and concerns about recreational use impacts at the Project.

Adoption of the SMP, which incorporates the land use designations of Calaveras and Tuolumne counties for lands along the shoreline. (See Attachment A)

Adoption of this SMP includes provisions for periodic review and updates as necessary to ensure consistency between all applicable Tri-Dam Project and county regulations.

Conduct periodic meetings of involved agencies, as necessary, to ensure that continued cooperative efforts are achieved.

GOAL 2: PROMOTE ORDERLY GROWTH AND DEVELOPMENT IN ORDER TO

ENSURE THAT BOAT DOCKS AND OTHER SHORELINE

STRUCTURES ARE INSTALLED AND MAINTAINED IN A MANNER

WHICH ENSURES THAT THE MAXIMUM NAVIGABLE AREA OF THE

RESERVOIR IS ACHIEVED

Policy:

Use the guidelines and regulations of this SMP in the permitting process of all facilities within the FERC Project Boundary.

Implementation Measures:

Ensure that all new and replacement facilities covered by this SMP conform to the criteria established in the plan. Continue to utilize a permitting process, which integrates the requirements of Tuolumne County, Calaveras County and the Tri-Dam Project.

Management Implementation Tulloch Reservoir Shoreline Management Plan May 2015 Page 2-2 ©2015, Tri-Dam Project

Ensure that all new and replacement facilities covered by this SMP are located as close to the shoreline as possible in order to minimize intrusion of boat docks and other facilities onto the navigable water surface area.

Coordinate the permitting process to ensure that permits, if needed, from multiple agencies are obtained prior to installation of facilities covered by this plan.

GOAL 3: PROMOTE SHORELINE DEVELOPMENT WITHIN LIMITS WHICH

ENSURE THAT RECREATIONAL QUALITY OF THE RESERVOIR IS

MAINTAINED

Policies:

Limit the number of boat docks and other facilities by implementing spacing standards of the Tulloch Reservoir design guidelines, using California Division of Boating and Waterways’ specifications and other resources. Permit one dock per existing parcel within the pre-developed subdivisions of Poker Flat, Connor Estates, Peninsula Estates, Copper Cove, Black Jack Bluffs and those within Tuolumne County, provided that adequate separation between existing lot lines can be achieved.

Permit new docks in accordance with the density limits established by the land use designations of the counties. Allow one new dock per existing parcel, as it currently exists. Additional docks for new subdivisions shall be reviewed in conjunction with the county’s subdivision approval process and draft Calaveras Tulloch Lakeshore Development policies, however, a new dock shall only be authorized when it can be demonstrated that the additional dock will not interfere with existing navigable recreational water space or adjacent parcels and conform to applicable criteria of this SMP.

Require that all shoreline structures be located on land owned in fee title by the property owner on whose land the facilities are to be located. Continue to use the adopted policies pertaining to the consideration of temporary use agreements for facilities located on the Tri-Dam Project’s land.

Encourage the counties to continue enforcement of guidelines for violations of permit or other regulatory requirements.

GOAL 4: PROMOTE BOATING AND PERSONAL WATERCRAFT SAFETY

Policy:

Work cooperatively with the counties’ Sheriffs Departments to ensure that boating regulations are enforced. Develop instructional programs to better educate reservoir users.

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Implementation Measures:

Continue to enforce speed limitations, as required by applicable laws.

Continue to maintain the buoy and signage program in order to denote restricted speed areas.

Inform boaters and other reservoir users of the rules and regulations that pertain to boating on Tulloch Reservoir through the installation of signage and distribution of handouts at homeowners associations, marinas and other private and public launching facilities.

Encourage the Sheriffs Departments to strictly enforce California Division of Boating and Waterways’ regulations and local regulations, and to ensure compliance with boating and safety regulations.

GOAL 5: ENHANCE THE QUALITY OF RECREATIONAL OPPORTUNITIES AT

TULLOCH RESERVOIR

Policy:

Tulloch Reservoir’s water recreation users are maintained, including pleasure boaters, water skiers and wake boarders, swimmers, anglers and personal watercraft users.

Implementation Measures:

Continue to conduct Form 80 periodic surveys of water recreation users and residents to determine levels of satisfaction with the quality of recreational experience, including access to facilities, crowding and overall quality of reservoir management.

Require that all new and replacement developments conform to applicable guidelines in order to maintain the maximum navigable water area possible to ensure that overcrowding does not occur.

Implement additional regulations, as necessary, to minimize congestion including access limits, use restrictions and/or other mechanisms so that a high level of satisfaction is achieved.

Encourage the counties to develop and maintain facilities, which will provide public access to the reservoir.

Support the implementation of user fees or similar programs, if necessary, to provide additional funding for law enforcement, water safety, graffiti and nuisance abatement, facility development and recreational facility management.

Consider the adoption of additional regulations, if necessary, including but not necessarily limited to, the establishment of designated areas within the reservoir for skiing, wakeboarding, fishing and personal watercraft usage.

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GOAL 6: ENHANCE THE COORDINATION AND MANAGEMENT OF ACTIVITIES

AT TULLOCH RESERVOIR TO ENSURE THAT ENVIRONMENTAL

RESOURCE GOALS INCLUDING WATER QUALITY ARE MAINTAINED

AT VERY HIGH LEVELS.

Policy:

Encourage continued implementation of regulations designed to ensure that high water quality levels are maintained.

Implementation Measures:

Provide a handout to be given to recreational users designed to promote environmentally sensitive boating practices.

Continue to enforce applicable county regulations regarding appropriate sanitation policies within the reservoir area.

Encourage the counties to prohibit boat camping along the shoreline, except within approved campground areas.

Continue to support Calaveras and Tuolumne county regulations that prohibit the usage of houseboats on Tulloch Reservoir.

Continue to provide an informational handout describing measures that lakefront property owners can utilize in order to minimize the introduction of domestic pollutants to Tulloch Reservoir.

Encourage the counties to implement regulations designed to minimize impacts from new construction, including grading plan requirements designed to prevent increased sedimentation into the water surface area.

Encourage the continued efforts of local citizens groups in organizing and conducting Tulloch Reservoir Clean-up Days.

GOAL 7: MINIMIZE SHORELINE EROSION AND INCREASED SEDIMENTATION

WITHIN TULLOCH RESERVOIR.

Policy:

Encourage the development of regulations designed to control erosion and eliminate increased sedimentation.

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Implementation Measures:

Use the permitting program in this SMP to encourage the proper placement and construction of erosion protection devices.

Require specific erosion control measures on all shoreline construction projects as part of the Tri-Dam Project’s SMP permitting processes.

Use the permitting program established in this SMP to authorize and encourage permit requests for excavation of soil materials along shoreline and cove areas, where possible.

Develop an informational handout informing and requiring shoreline property owners to implement measures designed to prevent increased sediment and other materials from entering the reservoir, including measures designed to prevent the proliferation of non-native invasive plants throughout the reservoir area.

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May 2015 Tulloch Reservoir Shoreline Management Plan Classifications ©2015, Tri-Dam Project Page 3-1

SECTION 3.0

LAND USE AND SHORELINE CLASSIFICATIONS

Within the FERC Project Boundary, 22 parcels located at the upstream end of the reservoir (i.e., the northeast arm of the reservoir) are United States-owned lands administered by Reclamation as part of the New Melones Development. Another three parcels located at the lower end of the northeast arm of the reservoir are United States-owned lands administered by the BLM, as is one parcel of land located at the upper end of the northwest arm of the reservoir (Black Creek).

The Cal Fish and Wildlife owns two parcels totaling 83 acres near Tulloch Dam, which it leases to Tuolumne County, who in turn leases it to a concessionaire for operation of a public campground, boat launch and marina on the property.

The State of California owns 5 percent of all of the land within the FERC Project Boundary.

The Tri-Dam Project owns 16 parcels totaling 419 acres, or 26 percent of all of the land within the FERC Project Boundary.

Approximately 60 percent of the lands surrounding Tulloch Reservoir are in private ownership and are managed according to the General Plans of the counties. Land use along the shoreline of Tulloch Reservoir in Calaveras County is primarily designated as residential, though most of the lots have not been developed and therefore remain in near natural condition. In Tuolumne County, the majority of the land is designated agricultural or is public, with a small percentage designated as residential (see Land Designation Map in Attachment A). The majority of the residential and commercial developed parcels occur on the northwestern and southwestern arms of the reservoir.

The Black Creek arm of the reservoir is the most highly developed area consisting of Copper Cove (1,000 units), Lake Tulloch Shores of Poker Flat (600 units) and Conner Estates (169 units). The Calaveras County Planning Department estimates that jointly these developments are approximately 30 percent built-out. The County has also approved a 300-unit subdivision, Tuscany Hills, which received preliminary map approval, but is not yet developed.

On the south side of the reservoir within Tuolumne County, there is less density and less likelihood of major development. Currently there are three developed areas: South Shore, Green Springs and Black Jack Bluffs. The majority of the remaining land is in large holdings and is less likely to see development pressure.

The extent of current shoreline development is illustrated in the attached map of the shoreline ownership showing the land division (See Land Ownership Map in Attachment B).

There are seven non-Project recreation facilities on Tulloch Reservoir. At present, there are two facilities that provide the public with the opportunity to access to Tulloch Reservoir for a fee: 1) the South Shore Campground and Marina which is a public marina; and 2) Drifters Reef which is a private commercial marina. There are also six developments (Black Jack Bluffs, Copper Cove

Classifications Tulloch Reservoir Shoreline Management Plan May 2015 Page 3-2 ©2015, Tri-Dam Project

Marina, Kiva Recreation Area, Connor Estates Recreation Area, Calypso Beach Villas and Poker Flat Recreational Facilities) that provide launch ramps, docks and recreational areas, and these are intended for the sole use of the residents within each development.

The Tri-Dam Project has an active program of reviewing and permitting uses of Project lands.

The permitting process is guided by the shoreline development permitting process described in Section 4 of this SMP. The permitting is done concurrently with, but separately from, the respective counties and with consultation of federal and state land and resource…