Denial of Poe Bardees Bar Tunnel Spoil Pile Stability and Revegetation Plan

Strategic Insights -

On September 19, 2025, the State Water Resources Control Board (CA) submitted a document to the Federal Energy Regulatory Commission (FERC) denying the Poe Bardees Bar Tunnel Spoil Pile Stability and Revegetation Plan submitted by Pacific Gas and Electric Company (PG&E) for the Poe Hydroelectric Project. The plan was required per water quality certification Condition 15 and USFS 4(e) Condition 30 for the project. However, the State Water Board staff found that the plan did not comply with the requirements of Condition 15, which mandates revegetation of the Bardees Bar spoil pile with appropriate local endemic species and implementation of erosion control measures.

As the project's water quality certification was issued on December 28, 2017, and the new license was issued on December 17, 2018, PG&E proposed a two-phased approach to implement certification Condition 15 and USFS Condition 30. Phase 1 involved assessing the condition of the spoil pile, and Phase 2 required revegetation and implementation of erosion control measures to prevent sedimentation during high flows. Despite this, the submitted Revegetation Plan did not include revegetation actions or erosion control measures at the spoil pile, thereby failing to fulfill the requirements of Condition 15.

Key Takeaways:

  • The State Water Resources Control Board denied the Poe Bardees Bar Tunnel Spoil Pile Stability and Revegetation Plan submitted by Pacific Gas and Electric Company for the Poe Hydroelectric Project on September 19, 2025.
  • The plan was required to comply with water quality certification Condition 15 and USFS 4(e) Condition 30 for the project.
  • The State Water Board staff found that the plan did not include revegetation actions or erosion control measures at the spoil pile to prevent sedimentation during high flows.
  • PG&E proposed a two-phased approach to implement certification Condition 15 and USFS Condition 30, but the submitted plan failed to fulfill the requirements of Condition 15.
  • The State Water Board required PG&E to submit an updated Bardees Bar Spoil Pile Revegetation Plan by April 30, 2026, which should include revegetation and erosion control measures consistent with the requirements of Condition 15.
  • The project's water quality certification was issued on December 28, 2017, and the new license was issued on December 17, 2018.
  • PG&E proposed four potential options to monitor and address future spoil pile erosion, including diverting runoff, discharging water, or implementing long-term erosion monitoring.
  • The State Water Board staff hoped to review an updated revegetation plan that would fulfill the requirements of Condition 15 of the Project certification.

Statistics:

  • 2017: The State Water Board's Executive Director issued the Project certification on December 28.
  • 2018: The Federal Energy Regulatory Commission issued a new license to PG&E for the Project on December 17.
  • 2020: PG&E submitted the Poe Bardees Bar Tunnel Spoil Pile Slope Stability and Erosion Control Assessment (Assessment Report) on October 22.
  • 2022: PG&E submitted the Poe Bardees Bar Tunnel Spoil Pile Stability and Revegetation Plan for review and approval.
  • 2023: State Water Board staff paused review of the Revegetation Plan pending resolution of ongoing discussions between PG&E and USFS staff.
  • 2024: USFS issued a letter to PG&E reiterating that 4(e) Condition 30 requires development of a revegetation plan, and PG&E has not provided an updated Revegetation Plan to address USFS's Condition 30 requirements.
  • 2025: The State Water Board staff found that the submitted Revegetation Plan did not comply with the requirements of Condition 15 of the Project certification, and the plan was denied on September 19.

Sources:

  • State Water Resources Control Board (CA) - "Denial of Poe Bardees Bar Tunnel Spoil Pile Stability and Revegetation Plan" submitted to the Federal Energy Regulatory Commission on September 19, 2025.
  • Pacific Gas and Electric Company (PG&E) - "Poe Bardees Bar Tunnel Spoil Pile Slope Stability and Erosion Control Assessment" submitted on October 22, 2020.
  • USFS - letter to PG&E issued on January 26, 2024.
  • State Water Board's Executive Director - issued the Project certification on December 28, 2017.