J-6_WDFW__USFS_MOU_2012_Combined_Executed.pdf

2011 USFS/WDFW MOU Appendices Page 1

Appendices for

MEMORANDUM OF UNDERSTANDING

Between

Washington State Department of Fish and Wildlife

And

USDA Forest Service, Pacific Northwest Region

Regarding

Hydraulic Projects Conducted by

USDA Forest Service, Pacific Northwest Region

January 2012

2011 USFS/WDFW MOU Appendices Page 2

TABLE OF CONTENTS

APPENDIX A. PROVISIONS AND STANDARDS FOR COMMON TYPES OF FOREST

SERVICE HYDRAULIC PROJECTS

HYDRAULIC PROJECTS COVERED BY APPENDIX A

GENERAL PROVISIONS APPLICABLE TO ALL APPENDIX A PROJECTS

Fish-bearing Waters

Timing

Fish Protection

Erosion Control

Dewatering

Heavy Equipment

Concrete and Treated Wood

Invasive Species Control

Other

SPECIFIC PROJECT PROVISIONS

Bank Protection

Permanent Culvert Installation and Replacement

Permanent Bridge Installation and Replacement

Permanent Culvert, Bridge, and Ford Removal

Temporary Culvert and Bridge Installation and Removal

Permanent Ford Construction and Maintenance

Temporary Ford Construction and Removal

Bridge Maintenance

Culvert and Bridge Debris Removal

Instream Habitat Improvement

Streambank Restoration

Non-Emergency Water Withdrawal

Fish Traps

Piers, Docks, and Floats

Timber Felling and Yarding

APPENDIX C. EMERGENCY ACTIONS

APPENDIX D. WORK PERIODS FOR HYDRAULIC PROJECTS

APPENDIX E. CONTACT INFORMATION FOR WDFW REGIONAL HABITAT

PROGRAM MANAGERS

APPENDIX F. CONTACT INFORMATION FOR U.S. FOREST SERVICE STAFF

Table 1. Allowable Freshwater Work Times for Rivers and Streams………..…………………31

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APPENDIX A. PROVISIONS AND STANDARDS FOR COMMON TYPES OF FOREST

SERVICE HYDRAULIC PROJECTS

HYDRAULIC PROJECTS COVERED BY APPENDIX A

Hydraulic project types which are included in Appendix A and which adhere to all applicable general and project-specific provisions may be implemented without further input on project design or implementation standards by WDFW Area Habitat Biologist and without further documentation, except annual reporting, by the Forest Service. Note that culvert and bridge installations or replacements on fish-bearing streams require the Forest Service to notify WDFW when it begins the design process for these projects. Collaboration is specifically encouraged for these projects.

Projects which include minor modifications of the provisions in this appendix may also be implemented under Appendix A so long as the modifications have been coordinated with and agreed to by WDFW. Minor modifications are defined as changes that are unlikely to cause adverse effects to fish life. The Forest Service will initiate requests for minor modifications to project provisions, including requests to modify in-water work windows, by phone or email to the appropriate Area Habitat Biologist. WDFW shall complete the coordination and send an email to the Forest Service confirming agreement or disagreement with minor modifications to project provisions within 10 working days of a request for collaboration.

The Forest Service shall immediately notify the appropriate WDFW Regional Habitat Program

Manager if it becomes aware that project activities occur that do not adhere to Appendix A provisions. Additionally, the Forest Service shall immediately notify the appropriate WDFW

Regional Habitat Program Manager of project activities that adhere to these provisions but that may result in unanticipated fish or fish habitat damage.

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GENERAL PROVISIONS APPLICABLE TO ALL APPENDIX A PROJECTS

Fish-bearing Waters

1. Streams which meet the Washington State Forest Practices Act physical criteria for fish presence (WAC 222-16-031 Interim Water Typing System) are assumed to be fish-bearing unless documented survey information is available that provides evidence of a lack of fish presence.

2. The Forest Service will consult with WDFW to agree on the status of streams that meet the physical criteria for fish presence but where biological information is incomplete, inconclusive, or not well documented.

Timing

3. Freshwater hydraulic projects conducted under Appendix A in fish-bearing streams or in tributary streams within ¼ mile of fish-bearing streams will be implemented only during the work periods outlined in Appendix D unless the Forest Service fisheries biologist and the WDFW Area Habitat Biologist agree that implementing the activity outside of the normal work period would be unlikely to cause negative impacts to fish and fish habitat.

The location of the project within a watershed, site-specific conditions, circumstances, nature of the proposed work, and fish species and life stages actually present at the project site may make alternative instream work periods acceptable for many projects. Any agreements to modify the work periods in Appendix D for specific projects or specific sites shall be documented by WDFW.

4. Those portions of hydraulic project work that occur outside or above the bankfull channel and have little or no potential to negatively affect fish or fish habitat are not subject to the work periods specified in Appendix D. Examples of such work include replacing bridge decking, constructing a bridge superstructure after footings are in place, and building up the fill over a culvert that is in place. These projects are still bound by the other provisions in Appendix A.

5. Hydraulic projects conducted in intermittent non-fish-bearing streams that are dry during the proposed work are not subject to the work periods specified in Appendix D unless the

USFS fish biologist determines the activities are likely to negatively affect fish life, in which case the work periods specified in Appendix D apply.

6. Hydraulic projects conducted in wetted non-fish-bearing streams that are greater than ¼ mile from fish-bearing waters are not subject to the work periods specified in Appendix D unless the USFS fish biologist determines the activities are likely to negatively affect fish life, in which case the work periods specified in Appendix D apply.

Fish Protection

1. The intake on any pump used for diverting water from a fish-bearing waterbody shall be screened with material that has openings no larger than 5/64 inch for square openings, measured side to side, or 3/32 inch diameter for round openings, and the screen must

2011 USFS/WDFW MOU Appendices Page 5 have at least one square inch of functional screen area for every gallon per minute (gpm) of water drawn through it. For example, a 100 gpm-rated pump would require at least a

100 square inch screen. Screen maintenance shall be adequate to prevent injury or entrapment to juvenile fish and shall remain in place whenever water is withdrawn from the waterbody through the pump intake.

2. Fish within construction sites that will be dewatered or isolated from the main waterbody shall be captured and safely moved from the job site. Fish capture and transportation equipment shall be available on the job site during all inwater activities.

3. If at any time, as a result of project activities, a fish kill occurs, fish are observed in distress, or water quality problems develop that may present a threat to fish life, the

Forest Service shall immediately notify the Washington Military Department’s

Emergency Management Division at 1-800-258-5990 .

Erosion Control

1. Alteration or disturbance of the bed, banks, and bank vegetation of waterbodies shall be minimized and limited to that necessary to construct the project.

2. Erosion prevention and control methods shall be used as necessary during and immediately after project implementation to minimize loss or displacement of soils and to prevent delivery of sediment into waterbody. These may include, but are not limited to, operational techniques, straw bales, silt fencing, erosion control blankets, temporary sediment ponds, and/or immediate mulching of exposed areas. Disturbed ground with the potential to deliver sediment into waterbodies shall be revegetated or protected from surface erosion by seeding, mulching, or other methods prior to the fall rainy season.

3. After project completion, disturbed streambanks and lakeshores shall be revegetated with site-appropriate vegetation to maintain soil stability and provide shade and future sources of large wood. Revegetation can be accomplished by planting or natural reproduction, depending on site conditions.

Dewatering

1. Where the project-specific provisions require worksite isolation from flowing waters and/or dewatering, a written dewatering plan shall be prepared prior to the start of the instream work that describes the method of bypass, location and construction of any coffer dams or diversion dams, the number and size of pumps to be used, and backup plans in place in case of mechanical failure or unanticipated storm events. The dewatering plan does not require review or approval by WDFW.

2. The dewatering system will be designed and installed to minimize erosion and sediment delivery to watercourses and to withstand all streamflows anticipated during the construction period.

3. Water bypassed around the site will be returned to the stream channel downstream of the

2011 USFS/WDFW MOU Appendices Page 6 work site. The bypass discharge point shall be designed to minimize erosion and scour of the stream channel, banks, and vegetation.

4. Wastewater from project activities within the dewatered area shall be routed to an area outside the bankfull channel to allow removal of fine sediment and other contaminants prior to infiltrating back into waterbodies.

5. Water shall be reintroduced back into the channel in a manner that minimizes the mobilization of fines and sediment into downstream waters.

6. Any materials used to construct the dewatering system will be removed prior to the completion of the project.

Heavy Equipment

1. The use of heavy equipment within the bankfull channel in streams and below the ordinary high water line in lakes is discouraged. If such work is necessary, operation of heavy equipment in these areas shall be minimized and appropriate measures shall be taken to minimize damage to streambanks and streambed.

2. Accumulations of soil or debris shall be removed from drive mechanisms (wheels, tires, tracks, etc.) and undercarriage of all heavy equipment prior to its working within the bankfull channel in streams or below the ordinary high water line in lakes.

3. To prevent contamination, equipment used around waterbodies shall be free of external petroleum-based products. Equipment shall be checked daily for leaks and any necessary repairs shall be completed prior to commencing work activities. All machinery fueling and maintenance involving petroleum products shall occur at a sufficient distance from stream channels, waterbodies, or wetlands to prevent delivery of potential contaminants.

Spill containment equipment and material shall be on site.

Concrete and Treated Wood

1. Fresh concrete, concrete by-products, or other chemical contaminants shall not be allowed to enter waterbodies. Structures containing concrete shall be sufficiently cured to prevent leaching prior to contact with the waterbody.

2. Wood treated with creosote or with pentachlorophenol in heavy oil solvent may not be used for wood components that will be over or in contact with water in hydraulic projects.

Wood treated with any pentachlorophenol formulation may not be used for in-water contact (i.e., within the 100 year floodplain). All treated wood used for hydraulic projects shall meet or exceed the criteria and guidance established in the most current edition of

'Best Management Practices For the Use of Treated Wood in Aquatic and Other Sensitive

Environments' developed by the Western Wood Preservers Institute, Wood Preservation

Canada, Southern Pressure Treaters' Association, and Timber Piling Council, and any current amendments or addenda to it. Current amendments and addenda include but may not be limited to 'Amendment #1: CCA - Chromated Copper Arsenate', dated October 25, 2011 USFS/WDFW MOU Appendices Page 7

2006; and 'Addendum #1: ACC - Acid Chromated Copper', dated February 28, 2007.

Invasive Species Control

1. All materials and equipment used in the construction of hydraulic projects shall be free of aquatic invasive species and noxious weeds. Materials and equipment used at a project site at which aquatic invasive species are already established shall be decontaminated so that no viable aquatic invasive species are transported from the job site.

Other

1. A copy of this MOU shall be available on site at all times when work is conducted under the provisions of Appendix A.

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SPECIFIC PROJECT PROVISIONS

Bank Protection

NOTE: Bank protection projects include, but are not limited to: installation and maintenance of riprap, groins, bank barbs, and large wood to protect streambanks and lakeshores from erosion. Bio-engineering is the preferred method of bank protection where practicable. Placing riprap or armoring at individual road/stream crossings is not included under this project type.

In addition to the General Provisions Applicable to All Projects, the following project-specific provisions apply when conducting bank protection projects.

1. Bank protection shall be designed, installed and maintained to minimize potential negative effects to aquatic habitat, stream channel morphology, and hydraulics of the stream. Site investigations and selection of appropriate bank stabilization techniques should be guided by the Washington State Integrated Streambank Protection Guidelines

(ISPG) or an equivalent process.

2. Bank protection projects shall be designed, installed and maintained to maintain the productive capacity of adjacent aquatic habitat. It may be necessary to incorporate mitigation measures such as placement of log and/or rock structures into project designs to achieve this objective.

3. Where hard armoring is required, bank protection material shall be clean, angular rock and shall be installed to withstand 100-year peak flows. River gravels or other round cobbles shall not be used as exterior armor. Grout or concrete products shall not be used.

4. Placement of bank protection material within the bankfull channel shall be limited to the minimum amount necessary to achieve project objectives. Bank protection material shall not constrict the flow or cause any measurable increase in backwater elevation.

5. A Forest Service staff with expertise in stream processes and fish habitat shall be involved in the planning, design, and implementation of any bank protection project within the bankfull channel of streams or the ordinary high waterline in lakes.

6. Bank protection projects totaling more than 100 lineal feet of bank are not included under

Appendix A.

7. Projects involving bulkheads in any waters are not included under Appendix A.

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Permanent Culvert Installation and Replacement

NOTE: Permanent culvert installation and replacement projects include installation of new culverts that are installed for more than one year and replacement of existing culverts with similar or larger structures.

specific provisions apply when conducting permanent culvert installation or replacement projects.

1. In non fish-bearing waters, provisions highlighted with a * are not required.

2. *Culverts in fish-bearing streams shall be designed, installed, and maintained to provide passage for all fish species and all life stages that are likely to be encountered at the site.

3. *Culverts in fish-bearing streams shall be designed and installed based on the stream simulation approach. Stream simulation designs are intended to mimic the natural stream characteristics and processes.

4. *Site investigations and selections of appropriate stream simulation culvert designs will be guided by the current version of Forest Service design manual “Stream Simulation: An

Ecological Approach to Providing Passage for Aquatic Organisms as Road-Stream

Crossings” or the current version of Washington State “Design of Road Culverts for Fish

Passage”.

5. *Forest Service shall notify WDFW when it begins the design process for a fish passage culvert. Collaboration is encouraged on these projects and can be initiated by either agency.

6. *A Forest Service staff with expertise in stream processes and fish habitat shall be on-site during initial culvert placement and placement of streambed materials inside the pipe for all culverts in fish-bearing streams.

7. *Installation of baffled culverts in fish-bearing streams is not included under Appendix

A.

8. *Installation of culverts in fish-bearing streams utilizing the “Hydraulic Method” or “No-

Slope” method are not included under Appendix A.

9. Culverts shall be designed, installed and maintained to accommodate the 100-year peak flow with consideration of the sediment load and wood likely to be encountered.

10. Culverts shall be designed, installed and maintained to avoid negative channel changes such as inlet scouring or erosion of the streambed or banks downstream of the project.

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11. The crossing structure shall consist of a single culvert.

12. Construction sites shall be dewatered or isolated from flowing waters to prevent delivery of sediment to watercourses.

13. Every effort shall be made to avoid stream crossings with heavy equipment. A single round-trip equipment crossing of the stream channel shall be allowed, if necessary.

Equipment operation within the stream channel inside of the approximate culvert footprint is permissible so long as the stream has been dewatered.

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Permanent Bridge Installation and Replacement

NOTE: Permanent bridge installation and replacement projects include new bridges that are installed for more than one year, replacing culverts with permanent bridges, and replacing or upgrading permanent bridges.

specific provisions apply when conducting permanent bridge installation or replacement projects.

2. *Bridges on fish-bearing streams shall be designed, installed, and maintained to provide unhindered passage for all fish species and all life stages that are likely to be encountered at the site.

3. * Forest Service shall notify WDFW when it begins the design process for permanent bridges on fish bearing streams. Collaboration is encouraged on these projects and can be initiated by either agency when there are concerns about any of these projects.

4. Installation of multiple span bridges with piers within the bankfull channel is not included under Appendix A.

5. Bridges shall be designed, installed and maintained to accommodate the 100-year peak flow with consideration of the sediment load and wood likely to be encountered.

6. Bridges shall be designed, installed and maintained to avoid causing negative channel effects such as scouring or erosion of the streambed or banks.

7. No abutments or riprap shall be placed within the bankfull channel.

8. Construction sites shall be dewatered or isolated from flowing waters to prevent delivery

9. Every effort shall be made to avoid stream crossings with heavy equipment. A single

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Permanent Culvert, Bridge, and Ford Removal

NOTE: Permanent stream crossing structures include culverts, bridges, and fords of any size that have been in place for more than one year. The following provisions cover the permanent removal of these stream crossing structures.

specific provisions apply when conducting permanent culvert, bridge, or ford removal projects.

1. All fill material and man-made structures that may impede channel-forming or channel-migration processes shall be removed. The natural stream channel profile shall be restored. Bottom width opening of the fill removal at stream channel crossings shall be equal to, or greater than, the natural bankfull channel width.

2. Streambanks shall be shaped to mimic the natural stream channel and banks and restore the natural valley configuration.

3. Streambed substrates shall mimic the natural streambed characteristics upstream and downstream of the crossing removal. Large woody material and/or large rocks may need to be placed within the crossing removal site to accomplish this objective.

4. The toe of the excavation shall be stabilized with large wood, appropriately sized rock, and/or vegetation as necessary to prevent excessive erosion of the new streambanks.

5. Construction sites shall be dewatered or isolated from flowing waters to prevent delivery

6. Every effort shall be made to avoid stream crossings with heavy equipment. A single

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Temporary Culvert and Bridge Installation and Removal

NOTE: Temporary culvert and bridge installation and removal includes culverts and bridges of any size that are installed to accommodate a single season of work. They are removed prior to the onset of high flows.

specific provisions apply when conducting temporary culvert projects.

2. *When placed in fish-bearing waters, the stream crossing structure shall be designed, installed, and maintained to provide unhindered passage for all fish species and all life stages that are likely to be encountered at the site during the period the structure will be in place.

3. The crossing structure shall be designed, installed and maintained to pass all anticipated stream flows, sediment, and wood likely to be encountered at the site during the period the structure will be in place.

4. Imported fill which will remain in the stream after temporary culvert removal shall consist of clean, rounded, uniformly-graded gravel or material that mimics the naturally occurring bed material at the site.

5. Clean, angular rock may be used for fill provided that all of the rock is removed from the stream upon removal of the temporary culvert. Fabric underlayment may be needed to achieve complete removal of fill material.

6. The temporary stream crossing structure shall only remain in place during the work periods allowed in Appendix D.

7. Affected streambed and bank areas shall be restored to pre-project condition following removal of the temporary culvert or bridge.

9. Every effort shall be made to avoid stream crossings with heavy equipment. Single round-trip equipment crossings of the stream channel shall be allowed for both installation and removal, if necessary.

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Permanent Ford Construction and Maintenance

NOTE: Fords range from highly engineered concrete or rock structures designed for high clearance vehicles during low water periods to simple hardened crossings for livestock or trail users. Fords designed for use by automobiles, trucks, or heavy equipment are generally discouraged. Culverts or bridges should be utilized at these sites whenever possible.

specific provisions apply when constructing or maintaining permanent ford projects.

2. * Construction of fords in fish-bearing streams is limited to existing livestock, hiking trail, or off-highway vehicle crossings. Construction of fords for standard highway vehicles in fish-bearing streams is not included under Appendix A.

3. * Fords in fish-bearing streams shall be designed, installed, and maintained to provide

4. *A Forest Service staff with expertise in stream processes and fish habitat shall be on-site during ford construction in fish-bearing streams.

5. Fords shall be designed, installed and maintained to avoid negative channel changes such as channel widening or erosion of the streambed or streambanks.

6. The number of fords constructed through individual streams or reaches shall be minimized to limit streambank and streambed disturbance.

7. Permanent fords shall be installed to maintain structural integrity to the 100-year peak flow.

9. A single round-trip equipment crossing of the stream channel at the ford site shall be allowed during construction of the ford.

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Temporary Ford Construction and Removal

NOTE: Temporary fords include those fords that are installed to accommodate a single season of work. They are removed prior to the onset of high flows. Temporary fords range from crossings designed for high clearance vehicles during low water periods to simple hardened crossings for livestock or trail users. Temporary fords designed for use by automobiles, trucks, or heavy equipment are generally discouraged.

specific provisions apply when conducting temporary ford projects.

2. * Construction of temporary fords for standard highway vehicles in fish-bearing streams is not included under Appendix A.

3. * Fords in fish-bearing streams shall be designed, installed, and maintained to provide

4. *A Forest Service staff with expertise in stream processes and fish habitat shall be on-site during ford construction in fish-bearing streams.

5. The temporary ford shall only remain in place during the work periods allowed in

Appendix D.

6. Fords shall be designed, installed and maintained to avoid negative channel changes such as channel widening or erosion of the streambed or streambanks.

7. Imported fill which will remain in the stream after temporary ford removal shall consist of clean, rounded, uniformly-graded gravel or material that mimics the naturally occurring bed material at the site.

8. Clean, angular rock may be used for fill provided that all of the rock is removed from the stream upon removal of the temporary ford.

9. The streambed and streambanks shall be restored to pre-project conditions following removal of the temporary ford.

10. Construction sites shall be dewatered or isolated from flowing waters to prevent delivery

11. A single round-trip equipment crossing of the stream channel at the temporary ford shall be allowed during construction of the ford and again during removal of the ford.

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Bridge Maintenance

NOTE: Bridge maintenance activities include deck cleaning, painting, replacing decking, and minor structural repairs outside of the wetted perimeter or above the bankfull elevation. This project type also includes repair of existing sills and columns.

This project type does not include placement of riprap.

specific provisions apply when conducting bridge maintenance projects.

1. No material (i.e. sediments, paint, wood, rock, grease, sand, etc.) shall be allowed to enter waterbodies.

2. Maintenance activities shall not result in damage to the stream bed or banks.

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Culvert and Bridge Debris Removal

NOTE: Culvert and bridge debris removal includes removing wood, trash, and accumulated bedload from the immediate vicinity of these structures to maintain their functionality. Large woody material is defined as trees or tree parts larger than 4 inches in diameter and longer than 6 feet in length, and rootwads.

specific provisions apply when conducting culvert and bridge debris removal projects.

1. Woody material and trash may be removed from and/or repositioned within a maximum of 25 feet upstream of a culvert inlet, within 25 feet downstream of a culvert outlet and from bridge piers, braces, wingwalls and abutments. Debris may also be removed from entirely artificial watercourses, such as highway ditches that were never part of a natural stream channel.

2. To promote the natural passage of wood through the system, large woody material that is removed from above a culvert or bridge shall be placed back into the stream channel below the structure whenever feasible.

3. The removal or repositioning of existing large woody material embedded in a streambank or streambed is not included under Appendix A. Embedded large woody material is defined as large woody material that is buried by sediments that were deposited prior to the most recent high water event.

4. Debris removal projects that remove substantial quantities of large wood from the stream channel and do not reposition the material back into the stream channel below the structure are not included under Appendix A.

5. Large accumulations of debris shall be removed gradually to prevent a sudden release of impounded water, bedload, logs, or other material that may result in downstream bed and bank degradation, sedimentation or flooding.

6. Up to 50 cubic yards of deposited bedload material (boulders, round river rock, and gravel) above a structure may be removed from the stream channel, if necessary to maintain proper functioning of a culvert or bridge. Bedload material may only be removed within a maximum of 25 feet upstream of a culvert inlet, bridge pier, wingwall or abutment.

7. The use of explosives to remove culvert or bridge debris is not included under Appendix

A.

8. Accumulations of wood associated with beaver activity that are impinging on or restricting the capacity of a culvert or bridge may be removed under this project type.

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New beaver dams (less than 1 year old) that are within 25 feet of a water crossing structure and which pose potential risk to the stability or function of the structure may also be removed under this project type.

9. Removal of established beaver dams (more than 1 year old) is not included under

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Instream Habitat Improvement

NOTE: Instream habitat improvement projects include, but are not limited to the placement of large wood complexes, log weirs, rock and log spurs, boulders, and vortex rock weirs.

specific provisions apply when conducting instream restoration/enhancement projects.

1. A Forest Service staff with expertise in stream processes and fish habitat shall be involved in planning and design and shall be on-site during construction or placement of instream habitat improvement structures.

2. Work operations shall be conducted to minimize the generation or redistribution of sediment within stream channels. If high flow conditions are encountered during project construction, work shall stop until the flow subsides.

3. Instream excavation shall be limited to the minimum amount necessary to construct the project.

4. If the project includes excavation of the streambed or banks, those work areas shall be isolated from flowing waters to prevent movement of sediment and minimize turbidity.

5. Existing boulders or large woody material embedded in the streambank or streambed shall be left undisturbed.

6. Instream habitat improvement projects shall be designed, installed and maintained to avoid negative channel effects such as excessive erosion of the streambed or banks. Project designs shall consider downstream and off-site impacts in addition to site-specific changes.

7. Projects that are intended to create permanent changes in channel location (such as reopening side channels or rerouting existing stream channels) are not included under

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Streambank Restoration

NOTE: Streambank restoration projects include shaping channel banks and utilizing bio-engineering techniques to increase stability and restore natural function and native vegetation on disturbed sites. This project type includes restoration of off-road vehicle

(ORV) roads/trails in riparian areas.

specific provisions apply when conducting streambank restoration projects.

1. Bank restoration activities shall be designed and installed to maintain or improve the natural aquatic habitat, riparian condition, stream channel morphology, and hydraulics of the stream. Site investigations and selection of appropriate bank stabilization techniques should be guided by the Washington State Integrated Streambank Protection Guidelines

(ISPG) or similar process.

2. Placement of riprap for bank protection is not included under Appendix A for this project type.

3. A Forest Service staff with expertise in stream processes and fish habitat shall be involved in the planning, design, and implementation of any bank restoration project within the bankfull channel of streams or the ordinary high waterline in lakes.

4. Specific project provisions for removal of ORV stream crossings and fords are addressed under “Permanent Culvert, Bridge, and Ford Removal”.

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Non-Emergency Water Withdrawal

NOTE: Water withdrawal projects include removal of water from streams, lakes or ponds for non-emergency uses such as road dust abatement. Water is generally removed by pumping at established “pump chances” or “pumper shows” although it may also be withdrawn by other means.

specific provisions apply when conducting water diversion projects.

1. Only non-emergency fire response and non-emergency pumping of water and construction of associated small sandbag or gravel berm dams with hand tools are included under Appendix A.

2. The location, pumping rate, and duration of water withdrawals shall be designed to minimize aquatic impacts. Pumping shall not reduce streamflows to the detriment to fish life.

3. Any intake on a pump used for withdrawing water from fish-bearing waterbodies shall be screened with material that has openings no larger than 5/64 inch for square openings, measured side to side, or 3/32 inch diameter for round openings, and the screen must have at least one square inch of functional screen area for every gallon per minute (gpm) of water drawn through it. For example, a 100 gpm-rated pump would require at least a

100 square inch screen. Screen maintenance shall be adequate to prevent injury or entrapment to juvenile fish and shall remain in place whenever water is withdrawn from waterbodies through the pump intake.

4. Temporary gravel berm dams shall be constructed of gravels available on-site within the bankfull channel, or of clean, round gravel transported to the site.

5. No dirt from outside the bankfull channel shall be used to seal the dam and no logs or woody material within the bankfull channel shall be utilized for construction of the temporary dam.

6. Temporary sandbag or gravel berm dams shall be completely dismantled and the streambed restored to its original condition following completion of withdrawal.

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Fish Traps

NOTE: Fish traps include all types of passive or active mechanisms for the collection of juvenile fish or smolts with the exception of portable electrofishing equipment.

specific provisions apply when conducting fish trap projects.

1. Fish traps shall be installed using hand tools only.

2. Fish traps shall be checked and fish removed from them at least daily.

3. Smolt and juvenile fish traps shall not hinder adult fish passage.

4. The trap shall be completely removed following completion of trapping.

5. Adult fish trap projects are not included under Appendix A.

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Piers, Docks, and Floats

NOTE: The following provisions apply to installation and maintenance of piers, docks and floats in freshwaters.

specific provisions apply when conducting pier, dock and float projects.

1. Piers, docks, and floats shall be designed, installed and maintained and constructed to minimize negative impacts to the streambed, lakebed, aquatic vegetation, and fish.

2. Piers, docks, and floats shall be designed and constructed to allow maximum natural light penetration so that the light areas are evenly distributed under the surface of the structure in order to avoid the creation of large dark areas. This may be accomplished by such methods as structure orientation, placement in deep water, or installing open grating.

3. Footings and foundations shall not be placed within the bankfull channel in streams or the ordinary high water line in lakes. Piles may be installed by methods other than pile driving as necessary within these areas to support the structure. Installation or placement of new piles within the bankfull channel in streams or the ordinary high water line in lakes shall be minimized. Pile driving is not covered in Appendix A.

4. The structure shall be designed, installed and maintained to prevent the breakup or loss of the floatation material into the water.

5. New docks and floats shall be designed, installed and maintained so that no portion of the structure grounds out on the streambed or lakebed.

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Timber Felling and Yarding

NOTE: Felling and yarding activities include: felling of timber, hanging and moving cable, and yarding timber.

specific provisions apply when conducting felling and yarding projects.

1. With the exception of trees felled for instream habitat improvements, trees shall not be felled into or across a waterbody with identifiable bed or banks.

2. Any trees inadvertently felled into a fish-bearing stream shall remain undisturbed to serve as fish habitat unless a Forest Service staff with expertise in stream processes and fish habitat approves their removal.

3. Timber felling and yarding activities shall be designed and conducted to prevent or minimize damage to beds, banks, and riparian vegetation.

4. If limbs or other small debris enter a perennial stream channel as a result of timber felling or yarding in quantities that may be detrimental to fish or fish habitat, they shall be removed within 72 hours and placed outside the bankfull width. Limbs or other small debris in quantities that may be detrimental to fish or fish habitat shall be removed from intermittent streams prior to the normal onset of high flows. Large woody material that was in place prior to felling and yarding of timber shall not be disturbed.

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APPENDIX B. HYDRAULIC PROJECTS NOT COVERED BY APPENDIX A

Project designs, implementation procedures, and mitigation needs, if any, for hydraulic project types which are not included in Appendix A or for projects that do not meet all of the general and project-specific provisions in Appendix A shall be developed collaboratively with WDFW on a site-specific basis. (Note – Agreed-upon adjustments to work periods will be considered “minor modifications” to project provisions and will not exclude the project from being implemented under Appendix A).

WDFW shall complete the coordination and transmit written documentation of the agreement on design and implementation standards for these projects to the Forest Service within 45 days of a request for collaboration.

This Appendix also includes projects conducted in response to imminent threat (those threatened by weather, water flow, or other natural conditions that are likely to occur within sixty days -typically considered to be expedited projects by WDFW staff), but not immediate danger or emergency situations. WDFW shall complete the coordination and transmit written documentation of the agreement on design and implementation standards for imminent threat projects to the Forest Service within 15 days of a request for collaboration.

The Forest Service shall immediately notify the appropriate WDFW Regional Habitat Program

Manager if it becomes aware that project activities occur that do not adhere to Appendix B provisions. Additionally, the Forest Service shall immediately notify the appropriate WDFW

Regional Habitat Program Manager of project activities that do adhere to these provisions but that may result in unanticipated fish or fish habitat damage.

Hydraulic projects conducted in saltwater are not included under Appendix A. Project designs, implementation procedures, work periods, and mitigation needs, if any, for hydraulic projects in saltwater shall be developed collaboratively with WDFW on a site-specific basis.

See Appendix C for hydraulic projects conducted in response to immediate danger or emergency situations.

2011 USFS/WDFW MOU Page 26

APPENDIX C. EMERGENCY ACTIONS

For the purposes of this MOU, emergencies are defined as an immediate threat to life or property or an immediate threat of serious environmental degradation arising from weather, high stream flows, fire, or other natural conditions. General activities that are often undertaken in response to an emergency include, but are not limited to, repairing existing structures, protecting property that is in immediate danger, moving obstructions, stabilizing streambanks, and driving across streams.

For those hydraulic projects that are conducted in response to emergency situations, the Forest Service shall attempt to contact WDFW to collaborate prior to initiating the activity. During normal business hours the local

WDFW Area Habitat Biologist shall be contacted directly. If the appropriate Area Habitat Area Biologist is not known or is not able to be contacted, the WDFW Regional Habitat Program Manager shall be contacted. The after-hours telephone number (360) 902-2537, shall be used outside of normal business hours. Projects may proceed immediately based on verbal agreement between the Forest Service and WDFW on project design and implementation standards. WDFW shall document the verbal agreement in writing within 30 days.

For emergency situations in which prior collaboration is not possible, the Forest Service shall conduct hydraulic projects in an environmentally sensitive manner and contact WDFW at the first opportunity regarding the emergency project. Emergency projects shall be limited to short-term fixes necessary to maintain public safety and to protect property and facilities from immediate damage. The Forest Service shall contact the appropriate

Area Habitat Biologist within 30 days of emergency project completion to collaborate on long-term fixes and mitigation measures necessary to alleviate impacts of the emergency project, if any.

The Forest Service shall immediately notify the appropriate WDFW Regional Habitat Program Manager if it becomes aware that project activities have occurred under this Appendix but they do not meet the definition of

“emergency” as described above. Additionally, the Forest Service shall immediately notify the appropriate

WDFW Regional Habitat Program Manager of project activities that do adhere to these provisions but that may result in unanticipated fish or fish habitat damage.

2011 USFS/WDFW MOU Page 27

APPENDIX D. WORK PERIODS FOR HYDRAULIC PROJECTS

Freshwater hydraulic projects conducted under Appendix A in fish-bearing streams or in tributary streams within ¼ mile of fish-bearing streams will be implemented only during the work periods outlined in Appendix

D unless the Forest Service fisheries biologist and the WDFW Area Habitat Biologist agree that implementing the activity outside of the normal work period would be unlikely to cause negative impacts to fish and fish habitat. The location of the project within a watershed, site-specific conditions, circumstances, nature of the proposed work, and fish species and life stages actually present at the project site may make alternative instream work periods acceptable for many projects.

Any agreements to modify the work periods in Table 1 for specific projects or specific sites shall be documented by WDFW. Agreed-upon adjustments to work periods will be considered a “minor modification” to project provisions and will not exclude the project from being implemented under Appendix A.

Table 1 is subject to change by WDFW as warranted by new biological information. Revised versions of Table

1 shall be forwarded to the Forest Service by WDFW and shall be immediately incorporated into this MOU.

Those portions of hydraulic project work that occur outside or above the bankfull channel and have little or no potential to negatively affect fish or fish habitat are not subject to the work periods specified in Table 1.

Examples of such work include replacing bridge decking, constructing a bridge superstructure after footings are in place, and building up the fill over a culvert that is in place. These projects are still bound by the other provisions within this MOU.

Hydraulic projects conducted in intermittent streams that are dry and are anticipated to remain dry during project activities are not subject to the work periods specified in Appendix D unless USFS fish biologists determine the activities are likely to negatively affect fish life. In that case the work periods specified in Appendix D apply.

Hydraulic projects conducted in wetted non-fish-bearing streams that are greater than ¼ mile from fish-bearing waters are not subject to the work periods specified in Appendix D unless USFS fish biologists determine the activities are likely to negatively affect fish life. In that case the work periods specified in Appendix D apply.

Work periods for hydraulic projects conducted in saltwater shall be established collaboratively with WDFW on a site-by-site basis.

2011 USFS/WDFW MOU Page 28

APPENDIX E. CONTACT INFORMATION FOR WDFW REGIONAL HABITAT PROGRAM

MANAGERS

WDFW REGIONAL HABITAT PROGRAM MANAGERS

WDFW Region Headquarters

Location

Regional Habitat Program

Manager and E-Mail Address Address/Phone Number

Region 1

Asotin, Columbia, Ferry, Garfield, Lincoln, Pend

Oreille, Spokane, Stevens, Walla Walla, Whitman

Spokane

Mark Wachtel mark.wachtel@dfw.wa.gov

WDFW, Region 1

2315 North Discovery Place

Spokane Valley, WA 99216-1566

(509) 892-1001

Region 2

Adams, Douglas, Franklin, Grant, Okanogan

Ephrata

Peter Birch (acting) peter.birch@dfw.wa.gov

WDFW, Region 2

1550 Alder ST NW

Ephrata, WA 98823-9699

(509) 754-4624

Region 3

Benton, Chelan, Kittitas, Yakima

Yakima

Perry Harvester perry.harvester@dfw.wa.gov

WDFW, Region 3

1701 S 24 th

Avenue

Yakima, WA 98902-5720

(509) 575-2740

Region 4

Island, King, San Juan, Skagit, Snohomish, Whatcom

Mill Creek

David Brock david.brock@dfw.wa.gov

WDFW, Region 4

16018 Mill Creek Blvd.

Mill Creek, WA 98012-1541

(425) 775-1311

Region 5

Clark, Cowlitz, Klickitat, Lewis, Skamania, Wahkiakum

Vancouver

Dave Howe david.howe@dfw.wa.gov

WDFW, Region 5

2108 Grand Blvd.

Vancouver, WA 98661

(360) 696-6211

Region 6

Clallam, Grays Harbor, Jefferson, Kitsap, Mason, Pacific, Pierce, Thurston

Montesano

Steve Kalinowski stephan.kalinowski@dfw.wa.gov

WDFW, Region 6

48 Devonshire RD

Montesano, WA 98563

(360) 249-4628

2011 USFS/WDFW MOU Page 29

Washington Department of Fish and Wildlife Regions

2011 USFS/WDFW MOU Page 30

APPENDIX F. CONTACT INFORMATION FOR U.S. FOREST SERVICE STAFF

FOREST SERVICE FOREST-LEVEL MOU CONTACTS

National Forest Contact Person and

E-Mail Address Address/Phone Number

Columbia Gorge National Scenic

Area

Brett Carre

Fish and Wildlife Biologist email: bcarre@fs.fed.us

Columbia River Gorge National Scenic

Area

902 Wasco Avenue, Suite 200

Hood River, OR 97031

541-308-1718

Colville National Forest

Brian Peck

Fisheries Program Manager bjpeck@fs.fed.us

Colville National Forest

765 South Main

Colville, WA 99114

509-447-7373

Gifford Pinchot

National Forest

Ruth Tracy

Soil & Water Program

Manager rtracy@fs.fed.us

Gifford Pinchot National Forest

10600 NE 51st Circle

Vancouver, WA 98682

360-891-5112

Mt Baker-Snoqualmie National

Forest

Amy Lieb

Soil &Water Program

Manager alieb@fs.fed.us

Mt. Baker-Snoqualmie National Forest

2930 Wetmore Ave., Suite 3A

Everett, WA 98201

425-783-6032

Olympic National Forest

Bob Metzger

Aquatic Program Manager rpmetzger@fs.fed.us

Olympic National Forest

1835 Black Lake Blvd. SW, Suite A

Olympia, WA 98512-5623

360-956-2293

Umatilla National Forest

Caty Clifton

Forest Hydrologist cclifton@fs.fed.us

Umatilla National Forest

2517 SW Hailey Ave

Pendleton, OR 97801

541-278-3822

Okanogan-Wenatchee National

Forests

Richard Vacirca

Fisheries Program Manager rvacirca@fs.fed.us

Okanogan-Wenatchee National Forests

215 Melody Lane

Wenatchee, WA 98801-5933

509-664-9361

Table 1. ALLOWABLE FRESHWATER WORK TIMES FOR RIVERS AND STREAMS

Check the listing for the county in which you propose to work to determine the work time for that stream.

1. The general work time for a county applies to all streams within that county, unless a specific work time is given for a listed stream in that county. The work time for a listed stream applies to all its tributaries, unless a tributary of that stream is also listed. Please note that these work times do not apply to lakes or marine waters.

2011 USFS/WDFW MOU Page 31

Washington Counties and State Waters including tributaries unless otherwise indicated

Water Resource Inventory Area (WRIA) is given in parentheses

Work Is Allowed Only

Between These Dates

“Site Specific Timing

Required” means:

consultation with WDFW required to determine timing

Adams County July 1 - October 31

Crab Creek (41.0002) July 16 - February 28

Esquatzel Creek (36.MISC) June 1 - February 28

Palouse River (34.0003) July 16 - February 28

Asotin County July 16 - September 15

Snake River (35.0002) See below

Alpowa Creek (35.1440) July 16 - December 15

Asotin Creek (35.1716) July 16 - August 15

Couse Creek (35.2147) July 16 - December 15

Grande Ronde River (35.2192) July 16 - September 15

Tenmile Creek (35.2100) July 16 - December 15

Benton County June 1 - September 30

Columbia River See below

Glade Creek (31.0851) August 1 - September 30

Yakima River (37.0002) June 1 - September 15

Amon Creek (37.0009) June 1 - September 30

Corral Creek (37.0002) June 1 - September 30

Spring Creek (37.0205) June 1 - September 30

Chelan County July 16 - August 15

Columbia River See below

Antoine Creek (49.0294) - Mouth to falls at river mile 1.0 July 1 - February 28 all its tributaries, unless a tributary of that stream is also listed. Please note that these work times

2011 USFS/WDFW MOU Page 32 consultation with WDFW required to determine timing

Antoine Creek (49.0294) - Upstream of falls at river mile 1.0 July 1 - March 31

Chelan River (47.0052) - Mouth to Chelan Dam July 16 - September 30

Colockum Creek (40.0760) July 1 - October 31

Entiat River (46.0042) - Mouth to Entiat Falls July 16 - July 31

Entiat River (46.0042) - Upstream of Entiat Falls July 16 - March 31

Crum Canyon (46.0107) July 16 - March 31

Mad River (46.0125) July 16 - July 31

Indian Creek (46.0128) July 16 - February 28

Lake Chelan (47.0052) Site Specific Timing Required

Railroad Creek (47.0410) July 16 - September 30

Stehekin River (47.0508) Site Specific Timing Required

Twenty-five Mile Creek (47.0195) July 16 - September 30

Other Lake Chelan tributaries outside North Cascades National

Park July 1 - August 15

Other Lake Chelan tributaries within North Cascades National

Park Site Specific Timing Required

Number 1 Canyon (45.0011) July 1 - February 28

Number 2 Canyon (45.0012) July 1 - February 28

Squilchuck Creek (40.0836) - Mouth to South Wenatchee Avenue July 1 - September 30

Squilchuck Creek (40.0836) - Upstream of South Wenatchee

Avenue July 1 - February 28

Stemilt Creek (40.0808) - Mouth to falls July 1 - September 30

Stemilt Creek (40.0808) - Upstream of falls July 1 - February 28 all its…