LOON FLOATING NEST PLATFORMS 2010 ANNUAL REPORT

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SETTLEMENT AGREEMENT ARTICLE 507 LOON FLOATING NEST PLATFORMS 2010 ANNUAL REPORT REPORTING PERIOD JANUARY 1 DECEMBER 31, 2010 BAKER RIVER HYDROELECTRIC

1 SETTLEMENT AGREEMENT ARTICLE 507 LOON FLOATING NEST PLATFORMS 2010 ANNUAL REPORT REPORTING PERIOD JANUARY 1 DECEMBER 31, 2010 BAKER RIVER HYDROELECTRIC PROJECT FERC April 2012 BAK SA 507 Annual Report 2010.Doc PUGET SOUND ENERGY Baker River Hydroelectric Project Doc ID: BAK PSE.FERC 16 April 2012

2 CONTENTS CONTENTS 1.0 Executive Summary Introduction Principal Management Activities Monitoring Observations, Results, and Analyses Acquisition Activities Special Consultation Design and Planning Activities Documents Submitted Modifications to or Deviations from the Implementation Plan Activities Planned for the Upcoming Reporting Period Issues and Resolution Proposed Changes to the Loon Floating Nest Platform Plan Accounting Funding and Expenditures Prescribed by SA Additional PSE Expenditures for SA Adjustments Supporting Documents References Agency Review Comments and Responses Distribution List Cover Message Summary of Reviewer Replies Comment Correspondence Doc ID: BAK PSE.FERC Baker River Hydroelectric Project Page ii

3 List of Tables List of Tables Table 1. List of Baker Lake platform vegetation for the 2010 nesting season Table 2. Loon nest platform survey data for the Baker River Project in Table 3. Draft Loon Floating Nest Platforms 2010 Annual Report reviewers List of Figures Figure 1. Lake Shannon loon floating nest platform Figure 2. Canada goose nest on the Lake Shannon platform... 3 Figure 3. Anderson Creek loon floating nest platform before 2010 maintenance... 3 Figure Anderson Creek platform vegetation maintenance... 4 Figure 5. Anderson Creek loon floating nest platform after 2010 maintenance... 4 Figure 6. Canada goose nesting on the Anderson Creek platform... 4 Figure 7. isy Creek floating loon nest platform before 2010 maintenance Figure isy Creek floating loon nest platform maintenance Figure isy Creek vegetation maintenance... 6 Figure 10. isy Creek floating loon nest platform after 2010 maintenance Figure 11. Map of loon observations by date... 9 Figures 12 and 13. -wake buoys at Baker Lake Figure 14. Loon platform safety sign Figure 15. message from PSE accompanying the draft Loon Floating Nest Platforms 2010 Annual Report Figure 16. Reply from Brock Applegate, Washington Department of Fish and Wildlife Doc ID: BAK PSE.FERC Baker River Hydroelectric Project Page iii

4 1.0 Executive Summary This loon floating nest platform annual report reviews the actions taken in 2010 to implement the Loon Floating Nest Platform Plan for the Baker River Hydroelectric Project. It has been prepared to be consistent with settlement agreement article 507 (SA 507), Loon Floating Nest Platforms, of the Order on Offer of Settlement, Issuing New License and Dismissing Amendment Application as Moot dated October 17, 2008 (the license). This report was prepared by Puget Sound Energy and reviewed by the Terrestrial Implementation Group (TRIG), which is composed of representatives of the signatories to the settlement agreement and other interested parties. This report summarizes the activities conducted in 2010 in accordance with SA 507, Loon Floating Nest Platforms, which included: Development and TRIG review of the SA 507 annual report for Loon floating nest platform re-installation at Lake Shannon. Platform maintenance. Monitoring observations, results, and analysis. Observation of access restriction device effectiveness. Funding expenditures in 2010 for SA 507 pertaining to the activities listed above are outlined in section 6 of this report. 2.0 Introduction This loon floating nest platform annual report has been prepared for the Baker River Hydroelectric Project (or Baker Project ), pursuant to the Order on Offer of Settlement, Issuing New License and Dismissing Amendment Application as Moot dated October 17, 2008 (the license ). In appendix A of the license, settlement agreement article (SA) 507, Loon Floating Nest Platforms, sets forth the applicable requirements for the Loon Floating Nest Platform Plan (the Plan), which in turn sets forth the requirements of this annual report. The objectives of the Loon Floating Nest Platform Plan are to: Install and maintain three floating nest platforms on project reservoirs. Install and maintain informational and restricted-access apparatus such as log booms, buoys, signs, or other devices. Monitor common loon activity on the project reservoirs twice monthly during each annual nesting season (April 1- July 31) for 15 years, and to continue annual monitoring if the nest platform program is continued past 15 years. Doc ID: BAK PSE.FERC Baker River Hydroelectric Project Page 1

Determine the nest program s overall effectiveness after 15 years. Install three additional nesting platforms if the TRIG verifies that common loons have been nesting successfully.

5 Determine the nest program s overall effectiveness after 15 years. Install three additional nesting platforms if the TRIG verifies that common loons have been nesting successfully. This annual report summarizes the activities conducted under SA 507 in 2010, including management activities, monitoring, design and planning, acquisition-related activities, consultation, documents prepared, modifications to or deviations from planned activities, issues and resolution, accounting, and proposed modifications to the FERCapproved Plan Principal Management Activities Platform Maintenance Platform maintenance activities conducted in 2010 included inspection, re-vegetation, and some adjustments to the loon nest platforms. The two platforms on Baker Lake remained in place during the fall and winter, and were inspected prior to the beginning of the loon nesting season (April 1 July 31). The Lake Shannon platform was removed following the 2009 loon nesting season, and was replaced prior to the 2010 loon nesting season Lake Shannon Platform The Lake Shannon platform needs further reduction of its freeboard. The platform was found to be tilted early in the survey season, which may have improved its ease of access for loons. The vegetation on the platform was unable to survive through the survey season due to the high freeboard. In 2011, a new platform of the same design as the isy Creek platform will replace the Lake Shannon platform. The vegetation will stay hydrated, providing cover and nest material. nesting attempts by loons were observed on the Lake Shannon platform during the 2010 nesting season; however, there was a nesting attempt by Canada geese. Figure 1. Lake Shannon loon floating nest platform. Doc ID: BAK PSE.FERC Baker River Hydroelectric Project Page 2

Figure 2. Canada goose nest on the Lake Shannon platform 3.1.

During initial platform maintenance, the center of the platform was built up with sticks, coir fiber, and locally-salvaged native vegetation to provide a dry nesting location.

6 Figure 2. Canada goose nest on the Lake Shannon platform Anderson Creek Platform Prior to the 2010 nesting season, the Anderson Creek platform was so low in the water that any nesting attempts by loons would have resulted in nest submersion. During initial platform maintenance, the center of the platform was built up with sticks, coir fiber, and locally-salvaged native vegetation to provide a dry nesting location. The plants remained healthy for the duration of the survey season. nesting attempts by loons were observed during the 2010 nesting season; however, there was a nesting attempt by Canada geese. Figure 3. Anderson Creek loon floating nest platform before 2010 maintenance. Doc ID: BAK PSE.FERC Baker River Hydroelectric Project Page 3

7 Figure Anderson Creek platform vegetation maintenance. Figure 5. Anderson Creek loon floating nest platform after 2010 maintenance. Figure 6. Canada goose nesting on the Anderson Creek platform. Doc ID: BAK PSE.FERC Baker River Hydroelectric Project Page 4

3.1.1.3 isy Creek Platform Prior to the 2010 nesting season, the isy Creek platform was found upside down in place, with some minor damage to one corner.

The plants remained healthy for the duration of the season, and no more damage was observed. nesting attempts by loons were observed at the isy Creek platform in 2010. Figure 7.

8 isy Creek Platform Prior to the 2010 nesting season, the isy Creek platform was found upside down in place, with some minor damage to one corner. When the platform was righted, a few plants with large root wads were still attached. Locally-salvaged native plants were added, along with some weed block and compost. The plants remained healthy for the duration of the season, and no more damage was observed. nesting attempts by loons were observed at the isy Creek platform in Figure 7. isy Creek floating loon nest platform before 2010 maintenance. Figure isy Creek floating loon nest platform maintenance. Doc ID: BAK PSE.FERC Baker River Hydroelectric Project Page 5

Figure 9. 2010 isy Creek vegetation maintenance. Figure 10. isy Creek floating loon nest platform after 2010 maintenance. 3.1.2 Vegetation Management In March 2010, Puget Sound Energy collected the following plants from project lands at upper Baker.

List of Baker Lake platform vegetation for the 2010 nesting season.

9 Figure isy Creek vegetation maintenance. Figure 10. isy Creek floating loon nest platform after 2010 maintenance Vegetation Management In March 2010, Puget Sound Energy collected the following plants from project lands at upper Baker. These local plants supplemented the vegetation from the 2009 season to provide cover and nest material on both the Anderson Creek and isy Creek platforms. Table 1. List of Baker Lake platform vegetation for the 2010 nesting season. Scientific Name Scirpus microcarpus Blechnum spicant Polystichum munitum Rubus spectabilis Salix sitchensis Common Name Small-flowered bulrush Deer fern Sword fern Salmonberry Sitka willow Doc ID: BAK PSE.FERC Baker River Hydroelectric Project Page 6

10 3.1.3 Informational and Access Restriction Device Management One buoy was added near each of the Baker Lake loon platforms to improve the visual perimeter of the no-wake zones surrounding the platforms. The loon informational signs at the main boat ramps remained undamaged during the reporting period. Additional signs developed during the reporting period will be installed prior to the 2011 season. The signs warn visitors to stay off the platforms for safety reasons. Section 3.5 of this report provides an example of the signs. 3.2 Monitoring Observations, Results, and Analyses Loon Survey Observations The loon nesting season typically starts near the beginning of April and concludes near the end of July. Surveys were scheduled to be conducted twice monthly between April 1 and July 31. Each survey consisted of a broad boat circuit of each project reservoir, with one or two surveyors noting observations of loons including behavior, number of birds, time of day, and location. Other bird observations were noted similarly. Observations were also plotted on a map of the project area. Twenty-four loon observations were made on the Project reservoirs during the 2010 loon survey season (April 1 July 31). Surveys began April 8 and continued through July 28. All observations involved loons ; no loons were observed on the shore or using the loon platforms. The data are summarized in table 2. Table 2. Loon nest platform survey data for the Baker River Project in Survey Date Number of loons observed Location Behavior Nest? Comments 4/8/ Near Anderson Creek, Baker lake Swimming 4/23/ Mid-Lake Shannon Swimming 4/23/ Near Boulder Creek, Baker Lake Swimming 4/23/ Near Sandy Creek, Baker Lake Swimming 5/12/ N/A N/A N/A 5/27/ Near west shore, near Bear Creek, Swimming, calling Sub-adult Lake Shannon 5/27/ Near isy Creek platform, Baker Lake 5/27/ Near Sandy Creek, Baker Lake Swimming Sub-adult Doc ID: BAK PSE.FERC Baker River Hydroelectric Project Page 7

11 Survey Date Number of loons observed 6/10/ /10/ /28/ /28/ /28/ /28/ /28/ /28/ /28/ /28/ /28/ /28/ /13/ /13/ /13/ /13/ Location Behavior Nest? Comments Panorama Point, Baker Lake rth of Bear Creek, Lake Shannon rth of Anderson Creek platform, Baker Lake rtheast end of Baker Lake rtheast end of Baker Lake Near shore by Shannon Campground, Baker Lake Near Panorama Point, Baker Lake West of main boat launch Cove on east side of Lake Shannon, north of boat launch Near east shore, just south of previous observation In small cove on west side of Lake Shannon Just south of boat launch, Lake Shannon Mid-lake, near Maple Grove, Baker Lake At isy Creek, Baker Lake Across lake from Maple Grove, Baker Lake West of Thunder Creek, Lake Shannon Calling, no visual Swimming, then dove Flew by and landed flying Unknown Probably same loon as previous observation One flew in and joined the other Saw one loon, then it dove and surfaced near the other. Flew in from west, circled overhead, continued north over the lake. Doc ID: BAK PSE.FERC Baker River Hydroelectric Project Page 8

Survey Date Number of loons observed 7/13/2010 2 Location Behavior Nest? Comments Near Bear Creek, Lake Shannon 7/28/2010 0 N/A N/A N/A Probably same loons as previous observation 3.2.2 Results and Analysis loon nesting behavior was observed on the platforms on either project reservoir in 2010 (table 2).

While six loon observations were made near the loon platforms, no loons were seen using the platforms, nor were any nesting attempts by loons observed elsewhere on the project reservoirs.

12 Survey Date Number of loons observed 7/13/ Location Behavior Nest? Comments Near Bear Creek, Lake Shannon 7/28/ N/A N/A N/A Probably same loons as previous observation Results and Analysis loon nesting behavior was observed on the platforms on either project reservoir in 2010 (table 2). The loons observed were generally, often diving when the boat approached. While six loon observations were made near the loon platforms, no loons were seen using the platforms, nor were any nesting attempts by loons observed elsewhere on the project reservoirs. Regular updates regarding loon surveys were presented at monthly TRIG meetings throughout the survey season, and a summary was provided to the Washington Department of Fish and Wildlife (WDFW) for inclusion in the 2010 Western Washington Common Loon Nesting Status Update. Figure 11. Map of loon observations by date. Doc ID: BAK PSE.FERC Baker River Hydroelectric Project Page 9

3.2.3 Access Restriction Device Monitoring During the loon surveys, Puget Sound Energy also monitored the effectiveness of the access restriction devices by inspecting the platforms for damage and

Although the isy Creek platform showed damage during platform maintenance prior to the nesting season that may have been caused by a boat, no damage was observed during the nesting season.

13 3.2.3 Access Restriction Device Monitoring During the loon surveys, Puget Sound Energy also monitored the effectiveness of the access restriction devices by inspecting the platforms for damage and watching for use of the no-wake zones. Although the isy Creek platform showed damage during platform maintenance prior to the nesting season that may have been caused by a boat, no damage was observed during the nesting season. The buoys around the Baker Lake platforms and the float rope at the Lake Shannon platform appeared to be effective. During surveys, boaters in the areas around the loon platforms seemed to respect the no-wake zone guidelines. One sailboat was observed moored to one of the isy Creek buoys during the nesting season, but it was not in close proximity to the loon platform and caused no wake. Following the 2010 nesting season, there were campers observed on Lake Shannon near the loon platform with boats on the shore inside the loon platform float rope. Since this incident occurred after the nesting season, and no loons were observed using the loon platform, it is not an issue of concern at this time. Figures 12 and 13. -wake buoys at Baker Lake. 3.3 Acquisition Activities acquisition-related activities under SA 507 occurred during the reporting period. 3.4 Special Consultation special consultation under SA 507 occurred during the reporting period. Doc ID: BAK PSE.FERC Baker River Hydroelectric Project Page 10

3.5 Design and Planning Activities Puget Sound Energy designed safety-related signage to install on the platforms prior to the 2011 nesting season. Figure 14. Loon platform safety sign. 3.

14 3.5 Design and Planning Activities Puget Sound Energy designed safety-related signage to install on the platforms prior to the 2011 nesting season. Figure 14. Loon platform safety sign. 3.6 Documents Submitted The SA 507 Annual Report for 2009 was developed. The Loon Nest Platform Monitoring Report for 2010 was also developed by Puget Sound Energy and was submitted to the TRIG. 3.7 Modifications to or Deviations from the Implementation Plan All SA 507 activities scheduled for the reporting period were performed as planned. 3.8 Activities Planned for the Upcoming Reporting Period Activities planned for 2011 include: Monitoring common loon activity on the project reservoirs twice monthly during the 2011 nesting season (April 1 July 31). Completing platform maintenance prior to the beginning of the 2011 nesting season. Replacing the Lake Shannon platform with a new design prior to the beginning of the 2011 nesting season. Inspecting informational signs and access restriction devices prior to the loon nesting season, and conduct maintenance as needed. Installing the loon platform safety signs prior to the beginning of the 2011 nesting season. Observing the effectiveness of the access restriction devices during loon surveys. Doc ID: BAK PSE.FERC Baker River Hydroelectric Project Page 11

15 Issues and Resolution Providing regular common loon monitoring updates to the TRIG during the nesting season. Completing the Loon Monitoring Report by December 31, Issues and Resolution Canada geese nested on two of three platforms, precluding loons from using the two platforms for nesting. Puget Sound Energy will install netting on the two platforms used by Canada geese prior to 2011 nesting season. The Lake Shannon platform freeboard needs to be further reduced, and the platform will be replaced with the same design as the isy Creek platform prior to the 2011 nesting season. The Anderson Creek platform was too low in the water after the 2009 season. Additional material was added, including coir fiber, compost, sticks, and supplemental vegetation, to build up the center of the platform. The isy Creek platform was damaged after the 2009 nesting season (figure 7). Puget Sound Energy will install signs on platforms prior to 2011 nesting season, to warn boaters and swimmers to stay off platforms for their safety and the protection of these wildlife habitat features. 5.0 Proposed Changes to the Loon Floating Nest Platform Plan There were no proposed changes to the Loon Floating Nest Platform Plan during the reporting period. 6.0 Accounting Puget Sound Energy, pursuant to settlement agreement articles 102, 201, 301, 501, and 602, is required to provide an annual summary of expenditures made during the preceding year, as well as an accounting of funding expenditures, any interest earned, disbursements made as required by any article, and adjustments for inflation. The section below provides an accounting of all expenditures made between January 1, 2010 and December 31, All disbursement adjustments and relevant calculations were determined using the guidelines provided in settlement agreement article Funding and Expenditures Prescribed by SA 507 SA 507 did not prescribe funding for the reporting period. 6.2 Additional PSE Expenditures for SA 507 PSE spent $11,843 for SA 507 implementation during the reporting period. The total expenditure of all funds for SA 507 during the reporting period was $11, Adjustments There were no adjustments to the funding for SA 507 during the reporting period. Doc ID: BAK PSE.FERC Baker River Hydroelectric Project Page 12

16 Supporting Documents 7.0 Supporting Documents This report includes no additional documentation. 8.0 References This report does not cite additional references. 9.0 Agency Review Comments and Responses Puget Sound Energy distributed the draft Loon Floating Nest Platforms 2010 Annual Report to the TRIG via for a 30-day review period on March 30, Comments on the draft were due to Puget Sound Energy by May 1, Distribution List Table 3. Draft Loon Floating Nest Platforms 2010 Annual Report reviewers. Name Organization Address Brock Applegate Washington Department of Fish and Wildlife Brock.Applegate@dfw.wa.gov Cathy Baker The Nature Conservancy cathy_baker@tnc.org Len Barson The Nature Conservancy lbarson@tnc.org Mignonne Bivin National Park Service mignonne_bivin@nps.gov Bob Carey The Nature Conservancy bcarey@tnc.org Mike Criner Town of Concrete criner9604@msn.com Chris Danilson Sauk-Suiattle Indian Tribe cdanil@sauk-suiattle.com Jim Davis rth Cascades Conservation Council jimdaviscpc@comcast.net Don Gay USDA Forest Service dgay@fs.fed.us Patrick Goldsworthy rth Cascades Conservation Council goldsworthy.n3c@clearwire.net Lou Ellen Jones US Fish and Wildlife Service louellyn_jones@fws.gov Bob Kuntz National Park Service robert_kuntz@nps.gov Chris Madsen a rthwest Indian Fisheries Commission cmadsen@nwifc.wa.gov Greta Movassaghi USDA Forest Service gmovassaghi@fs.fed.us Bob Nelson Rocky Mountain Elk Foundation nelson338@aol.com Bill Richardson Rocky Mountain Elk Foundation brichardson@rmef.org Ann Risvold USDA Forest Service arisvold@fs.fed.us James Roberts Sauk-Suiattle Indian Tribe jay@sauk-suiattle.com Regina Rochefort National Park Service regina_rochefort@nps.gov William Rogers Skagit County xious Weed Control Board williamr@co.skagit.wa.us Scott Schuyler Upper Skagit Indian Tribe SSchuyler@upperskagit.com Jon-Paul Shannahan Upper Skagit Indian Tribe jonpauls@upperskagit.com Kara Symonds Skagit County karas@co.skagit.wa.us Stan Walsh Swinomish Indian Tribe swalsh@skagitcoop.org Todd Wilbur Swinomish Indian Tribe twilbur@swinomish.nsn.us Richard Wolten Sauk-Suiattle Indian Tribe nrd@sauk-suiattle.com a Denotes persons that are not party to the settlement agreement but are part of the TRIG as technical support. Doc ID: BAK PSE.FERC Baker River Hydroelectric Project Page 13

17 Agency Review Comments and Responses 9.2 Cover Message From: Fuchs, Tony Sent: Wednesday, March 30, :33 PM To: 'Mike Criner'; 'Bob Kuntz'; 'Mignonne Bivin'; 'Regina Rochefort'; 'Patrick Goldsworthy ( )'; 'Jim Davis'; 'Chris Madsen'; 'Bob Nelson'; 'James Roberts'; 'Chris Danilson'; 'Richard Wolten 'Kara Symonds'; 'William Rogers ( )'; 'Todd Wilbur'; 'Stan Walsh'; 'Len Barson'; 'Cathy Baker'; 'Bob Carey'; 'Scott Schuyler'; 'Jon-Paul Shannahan'; 'Greta Movassaghi 'Don Gay'; 'Ann Risvold'; 'Applegate, Brock A (DFW)' Cc: Edwards, Haley; Lane, Kim W; Sibley, Hillary D; Maddox, Kathleen; Feldmann, Cary Subject: Baker River Draft annual report for SA 507 Loon Floating Nest Platforms for TRIG "30-day" review TRIG members, PSE is forwarding the 2010 draft annual report for Settlement Agreement Article Loon Floating Nest Platforms, to the Terrestrial Resources Implementation Group representatives for the "30-Day" review period and seeks comments and suggestions. We are asking that comments be sent to Haley Edwards via mail or e- mail by May 1, This review is part of the TRIG review cycle established per Article Terrestrial Resource Management Plan. Thanks! Tony Anthony D. Fuchs Consulting Natural Resource Scientist Resource Sciences - Terrestrial Puget Sound Energy P.O. Box PSE-09S Bellevue, WA (w) (f) Figure 15. message from PSE accompanying the draft Loon Floating Nest Platforms 2010 Annual Report. 9.3 Summary of Reviewer Replies The following reviewer replied but had no comments. Brock Applegate, Washington Department of Fish and Wildlife. Doc ID: BAK PSE.FERC Baker River Hydroelectric Project Page 14

18 Agency Review Comments and Responses 9.4 Comment Correspondence From: Applegate, Brock A (DFW) [mailto:brock.applegate@dfw.wa.gov] Sent: Monday, May 02, :02 PM To: Fuchs, Tony; Mike Criner; Bob Kuntz; Mignonne Bivin; Regina Rochefort; Patrick Goldsworthy ( ); Jim Davis; Chris Madsen; Bob Nelson; James Roberts; Chris Danilson; nrd@sauk-suiattle.com; Kara Symonds; William Rogers ( ); Todd Wilbur; Stan Walsh; Len Barson; Cathy Baker; Bob Carey; Scott Schuyler; Jon- Paul Shannahan; LouEllyn_Jones@fws.gov; gmovassaghi@fs.fed.us; Don Gay; Ann Risvold; Edwards, Haley Cc: Lane, Kim W; Sibley, Hillary D; Maddox, Kathleen; Feldmann, Cary; Davison, Mike A (DFW); Roozen, Brandon J (DFW); Link, Russell E (DFW) Subject: FW: Baker River Draft annual report for SA 507 Loon Floating Nest Platforms for TRIG "30-day" review Hi Haley, Thanks for the chance to review. We have no comments on the annual report. Hopefully, we will eventually have some nesting loons someday. I am curious to see if the netting over the platform encourages loons to nest and discourages Canada geese. Appreciate the report. Sincerely, Brock Brock Applegate FERC Hydropower Mitigation Biologist Washington Department of Fish and Wildlife P.O. Box Sherman St. (physical address) La Conner, WA (360) x254 (360) (cell) (360) (fax) Figure 16. Reply from Brock Applegate, Washington Department of Fish and Wildlife. Doc ID: BAK PSE.FERC Baker River Hydroelectric Project Page 15

BALD EAGLE MANAGEMENT 2012 ANNUAL REPORT

SETTLEMENT AGREEMENT ARTICLE 513 BALD EAGLE MANAGEMENT 2012 ANNUAL REPORT REPORTING PERIOD JANUARY 1 DECEMBER 31, 2012 BAKER RIVER HYDROELECTRIC PROJECT FERC No. 2150 April 2014 BAK SA 513 Annual Report