HPA_Conditional_Approval_Letter_and_Requirements_(1)_0001.pdf

PERMITTEE AUTHORIZED AGENT OR CONTRACTOR

U.S. Fish & Wildlife Service KPFF Consulting Engineers

ATTENTION: Patricia Crandell ATTENTION: Linda Mark

Abernathy Fish Technology Center, 1440 Abernathy Creek Road

111 SW 5th Ave #2400

Longview, WA 98632 Portland, OR 97204

Project Name: Abernathy Fish Technology Center Intake Structure Project

Project Description: The purpose of this project is to bring the fish ladder and water intake infrastructure into compliance with NOAA Fisheries and WDFW fish passage and water intake screening criteria, respectively, and to address historic operational deficiencies. This proposed project will replace the existing fish hatchery water intake structure and upgrade the existing fish ladder associated with the Abernathy Fish Technology Center (FTC), and address historic operational deficiencies.

PROVISIONS

TIMING - PLANS - INVASIVE SPECIES CONTROL

1. TIMING LIMITATION: You may begin the project immediately and you must complete the project by December 14, 2026; provided:

**Work below the ordinary high water line must only occur between July 2 and September 15 of a given calendar year while this HPA is valid. All work must be completed in a single calendar year.**

2. APPROVED PLANS: You must accomplish the work per plans and specifications submitted with the application and approved by the Washington Department of Fish and Wildlife, entitled "JARPA: Abernathy Fish Technology Center Intake Structure Project" dated June 3, 2021, including the "2021.0615-JARPA_AppendixC.pdf," (35% Design Plans) received on June 16, 2021, except as modified by this Hydraulic Project Approval. You must have a copy of these plans and this HPA available on site during all phases of the project construction.

3. INVASIVE SPECIES CONTROL: Follow Method 1 for low risk locations (i.e. clean/drain/dry). Thoroughly remove visible dirt and debris from all equipment and gear (including drive mechanisms, wheels, tires, tracks, buckets, and undercarriage) before arriving and leaving the job site to prevent the transport and introduction of invasive species. For contaminated or high risk sites please refer to the Method 2 Decontamination protocol. Properly dispose of any water and chemicals used to clean gear and equipment. You can find this and additional information in the Washington Department of Fish and Wildlife's "Invasive Species Management Protocols", available online at https://wdfw.wa.gov/species-habitats/invasive/prevention.

NOTIFICATION REQUIREMENTS

4. NOTIFICATION: You, your agent, or contractor must contact the Washington Department of Fish and Wildlife by e-mail at HPAapplications@dfw.wa.gov; mail to Post Office Box 43234, Olympia, Washington 98504-3234; or fax to (360) 902-2946 at least three business days before starting work. The notification must include the permittee's name, project location, starting date, and the Hydraulic Project Approval permit number.

5. FISH KILL/ WATER QUALITY PROBLEM NOTIFICATION: If a fish kill occurs or fish are observed in distress at the

HYDRAULIC PROJECT APPROVAL

Washington Department of Fish & Wildlife PO Box 43234

Olympia, WA 98504-3234

(360) 902-2200

Permit Number: 2021-5-82+01 FPA/Public Notice Number: N/A Application ID: 25546

Project End Date: December 14, 2026 Issued Date: December 15, 2021 job site, immediately stop all activities causing harm. Immediately notify the Washington Department of Fish and Wildlife of the problem. If the likely cause of the fish kill or fish distress is related to water quality, also notify the Washington Military Department Emergency Management Division at 1-800-258-5990. Activities related to the fish kill or fish distress must not resume until the Washington Department of Fish and Wildlife gives approval. The Washington Department of Fish and Wildlife may require additional measures to mitigate impacts.

STAGING, JOB SITE ACCESS, AND EQUIPMENT

6. Establish staging areas (used for equipment storage, vehicle storage, fueling, servicing, and hazardous material storage) in a location and manner that will prevent contaminants such as petroleum products, hydraulic fluid, fresh concrete, sediments, sediment-laden water, chemicals, or any other toxic or harmful materials from entering waters of the state.

7. Use existing roadways or travel paths.

8. Clearly mark boundaries to establish the limit of work associated with site access and construction.

9. Limit the removal of native bankline vegetation to the minimum amount needed to construct the project.

10. Remove soil or debris from the drive mechanisms (wheels, tires, tracks, etc.) and undercarriage of equipment prior to operating the equipment waterward of the ordinary high water line.

11. If wet or muddy conditions exist, in or near a riparian zone or wetland area, use equipment that reduces ground pressure.

12. Check equipment daily for leaks and complete any required repairs in an upland location before using the equipment in or near the water.

13. Use environmentally acceptable lubricants composed of biodegradable base oils such as vegetable oils, synthetic esters, and polyalkylene glycols in equipment operated in or near the water.

CONSTRUCTION-RELATED SEDIMENT, EROSION AND POLLUTION CONTAINMENT

14. Work in the dry watercourse (when no natural flow is occurring in the channel, or when flow is diverted around the job site).

15. Protect all disturbed areas from erosion. Maintain erosion and sediment control until all work and cleanup of the job site is complete.

16. All erosion control materials that will remain onsite must be composed of 100% biodegradable materials.

17. Straw used for erosion and sediment control, must be certified free of noxious weeds and their seeds.

18. Stop all hydraulic project activities except those needed to control erosion and siltation, if flow conditions arise that will result in erosion or siltation of waters of the state.

19. Prevent project contaminants, such as petroleum products, hydraulic fluid, fresh concrete, sediments, sediment-laden water, chemicals, or any other toxic or harmful materials, from entering or leaching into waters of the state.

20. Route construction water (wastewater) from the project to an upland area above the limits of anticipated floodwater.

Remove fine sediment and other contaminants before discharging the construction water to waters of the state.

21. Deposit waste material from the project, such as construction debris, silt, excess dirt, or overburden, in an upland area above the limits of anticipated floodwater unless the material is approved by the Washington Department of Fish and Wildlife for reuse in the project.

22. Do not burn wood treated with preservatives, trash, waste, or other deleterious materials waterward of the ordinary high water line.

23. Deposit all trash from the project at an appropriate upland disposal location.

CONSTRUCTION MATERIALS

HYDRAULIC PROJECT APPROVAL

Washington Department of Fish & Wildlife PO Box 43234

Olympia, WA 98504-3234

(360) 902-2200

Permit Number: 2021-5-82+01 FPA/Public Notice Number: N/A Application ID: 25546

24. Store all construction and deconstruction material in a location and manner that will prevent contaminants such as petroleum products, hydraulic fluid, fresh cement, sediments, sediment-laden water, chemicals, or any other toxic or harmful materials from entering waters of the state.

25. Do not stockpile construction material waterward of the ordinary high water line.

26. Angular rock must be large enough and installed to withstand the 100-year peak flow.

27. To prevent leaching, construct forms to contain any wet concrete. Place impervious material over wet concrete that will come in contact with waters of the state. Forms and impervious materials must remain in place until the concrete is cured.

28. Do not use wood treated with oil-type preservatives (creosote, pentachlorophenol) in any hydraulic project. You may use wood treated with waterborne preservatives (ACZA, ACQ) provided the wood is approved by the Western Wood Preservers Institute for use in the aquatic environment. Any use of treated wood in the aquatic environment must follow guidelines and best management practices available at www.wwpinstitute.org.

IN-WATER WORK AREA ISOLATION USING A COFFERDAM STRUCTURE

29. Use a cofferdam, dike, or similar structure to exclude water from the work area.

30. Maintain water quality when installing and removing the cofferdam, dike or similar structure.

31. Install the cofferdam, dike or similar structure and remove fish prior to the start of other work in the wetted perimeter.

32. Route the construction water (wastewater) from the project to an upland area above the limits of anticipated floodwater. Remove fine sediment and other contaminants before discharging the construction water to waters of the state.

33. Sequence the work to minimize the duration of dewatering.

FISH LIFE REMOVAL

34. All persons participating in capture and removal must have training, knowledge, and skills in the safe handling of fish life.

35. If electrofishing is conducted, a person with electrofishing training must be on-site to conduct or direct all electrofishing activities.

36. Capture and safely move fish life from the work area to the nearest suitable free-flowing water.

FISH PASSAGE IMPROVEMENT

37. To reduce potential contact injuries, grind smooth to the touch all newly poured concrete edges and surfaces exposed to fish, with all edges aligning in a single smooth plane.

38. Inspect the fish ladder for proper function as necessary to maintain proper function and notify the Washington Department of Fish and Wildlife if maintenance issues arise.

INTAKE

39. Maintain the fish screen and associated structures as necessary to achieve proper function.

40. If at any point during water diversion there is insufficient instream flow to provide opportunity for fish life to migrate downstream, Washington Department of Fish and Wildlife will advise USFW and close the fish bypass until there is sufficient flow.

DEMOBILIZATION AND CLEANUP

41. Do not relocate removed or replaced structures within waters of the state. Remove and dispose of these structures in an upland area above the limits of anticipated floodwater.

HYDRAULIC PROJECT APPROVAL

Washington Department of Fish & Wildlife PO Box 43234

Olympia, WA 98504-3234

(360) 902-2200

Permit Number: 2021-5-82+01 FPA/Public Notice Number: N/A Application ID: 25546

APPLY TO ALL HYDRAULIC PROJECT APPROVALS

This Hydraulic Project Approval pertains only to those requirements of the Washington State Hydraulic Code, specifically Chapter 77.55 RCW. Additional authorization from other public agencies may be necessary for this project.

The person(s) to whom this Hydraulic Project Approval is issued is responsible for applying for and obtaining any additional authorization from other public agencies (local, state and/or federal) that may be necessary for this project.

This Hydraulic Project Approval shall be available on the job site at all times and all its provisions followed by the person

(s) to whom this Hydraulic Project Approval is issued and operator(s) performing the work.

This Hydraulic Project Approval does not authorize trespass.

The person(s) to whom this Hydraulic Project Approval is issued and operator(s) performing the work may be held liable for any loss or damage to fish life or fish habitat that results from failure to comply with the provisions of this Hydraulic Project Approval.

LOCATION #1: , Longview, WA 98632

WORK START: December 15, 2021 WORK END: December 14, 2026

WRIA Waterbody: Tributary to:

25 - Grays - Elochoman Abernathy Creek (rb) Columbia River

1/4 SEC: Section: Township: Range: Latitude: Longitude: County:

26 09 N 04 W 46.23175833 -123.14833333 Cowlitz

Location #1 Driving Directions

From I-5 northbound take Exit 36 for WA-432 W toward Longview/Long Beach/WA-4 W (0.5 mi). Continue onto WA-432 W (2.4 mi). Take the 3rd Ave/WA-411 exit toward Industrial Area/Port Longview (0.3 mi). Turn left onto WA-411 S/3rd Ave (0.5 mi). Continue onto WA-432 W/Industrial Way (7.1 mi). Turn left onto WA-4 W (6.9 mi). Turn right onto Abernathy Creek Rd (3.2 mi). Take the gravel driveway on the right immediately after 1616 Abernathy Creek Road (residence). It you get to Wiest Rd. you've gone too far. See Figure 1 in Appendix A.

42. Upon completion of the project, restore the disturbed bed, banks, and riparian zone to preproject condition to the extent possible.

43. To minimize sediment delivery to the stream or stream channel, do not return in-stream flows to the work area until all in-channel work is completed and the bed and banks are stabilized.

44. Replace native riparian zone and aquatic vegetation, and wetland vascular plants (except noxious weeds) damaged or destroyed by construction using a proven methodology.

45. Upon completion of the project, remove all materials or equipment from the site and dispose of all excess spoils and waste materials in an upland area above the limits of anticipated floodwater.

46. Remove temporary erosion and sediment control methods after job site is stabilized or within three months of project completion, whichever is sooner.

HYDRAULIC PROJECT APPROVAL

Washington Department of Fish & Wildlife PO Box 43234

Olympia, WA 98504-3234

(360) 902-2200

Permit Number: 2021-5-82+01 FPA/Public Notice Number: N/A Application ID: 25546

Failure to comply with the provisions of this Hydraulic Project Approval could result in civil action against you, including, but not limited to, a stop work order or notice to comply, and/or a gross misdemeanor criminal charge, possibly punishable by fine and/or imprisonment.

All Hydraulic Project Approvals issued under RCW 77.55.021 are subject to additional restrictions, conditions, or revocation if the Department of Fish and Wildlife determines that changed conditions require such action. The person(s) to whom this Hydraulic Project Approval is issued has the right to appeal those decisions. Procedures for filing appeals are listed below.

MINOR MODIFICATIONS TO THIS HPA: You may request approval of minor modifications to the required work timing or to the plans and specifications approved in this HPA unless this is a General HPA. If this is a General HPA you must use the Major Modification process described below. Any approved minor modification will require issuance of a letter documenting the approval. A minor modification to the required work timing means any change to the work start or end dates of the current work season to enable project or work phase completion. Minor modifications will be approved only if spawning or incubating fish are not present within the vicinity of the project. You may request subsequent minor modifications to the required work timing. A minor modification of the plans and specifications means any changes in the materials, characteristics or construction of your project that does not alter the project's impact to fish life or habitat and does not require a change in the provisions of the HPA to mitigate the impacts of the modification. If you originally applied for your HPA through the online Aquatic Protection Permitting System (APPS), you may request a minor modification through APPS. A link to APPS is at http://wdfw.wa.gov/licensing/hpa/. If you did not use APPS you must submit a written request that clearly indicates you are seeking a minor modification to an existing HPA. Written requests must include the name of the applicant, the name of the authorized agent if one is acting for the applicant, the APP ID number of the HPA, the date issued, the permitting biologist, the requested changes to the HPA, the reason for the requested change, the date of the request, and the requestor's signature. Send by mail to: Washington Department of Fish and Wildlife, PO Box 43234, Olympia, Washington 98504-3234, or by email to HPAapplications@dfw.wa.gov. You should allow up to 45 days for the department to process your request.

MAJOR MODIFICATIONS TO THIS HPA: You may request approval of major modifications to any aspect of your HPA.

Any approved change other than a minor modification to your HPA will require issuance of a new HPA. If you originally applied for your HPA through the online Aquatic Protection Permitting System (APPS), you may request a major modification through APPS. A link to APPS is at http://wdfw.wa.gov/licensing/hpa/. If you did not use APPS you must submit a written request that clearly indicates you are requesting a major modification to an existing HPA. Written requests must include the name of the applicant, the name of the authorized agent if one is acting for the applicant, the APP ID number of the HPA, the date issued, the permitting biologist, the requested changes to the HPA, the reason for the requested change, the date of the request, and the requestor's signature. Send your written request by mail to:

Washington Department of Fish and Wildlife, PO Box 43234, Olympia, Washington 98504-3234. You may email your request for a major modification to HPAapplications@dfw.wa.gov. You should allow up to 45 days for the department to process your request.

APPEALS INFORMATION

HYDRAULIC PROJECT APPROVAL

Washington Department of Fish & Wildlife PO Box 43234

Olympia, WA 98504-3234

(360) 902-2200

Permit Number: 2021-5-82+01 FPA/Public Notice Number: N/A Application ID: 25546

If you wish to appeal the issuance, denial, conditioning, or modification of a Hydraulic Project Approval (HPA), Washington Department of Fish and Wildlife (WDFW) recommends that you first contact the department employee who issued or denied the HPA to discuss your concerns. Such a discussion may resolve your concerns without the need for further appeal action. If you proceed with an appeal, you may request an informal or formal appeal. WDFW encourages you to take advantage of the informal appeal process before initiating a formal appeal. The informal appeal process includes a review by department management of the HPA or denial and often resolves issues faster and with less legal complexity than the formal appeal process. If the informal appeal process does not resolve your concerns, you may advance your appeal to the formal process. You may contact the HPA Appeals Coordinator at (360) 902-2534 for more information.

A. INFORMAL APPEALS: WAC 220-660-460 is the rule describing how to request an informal appeal of WDFW actions taken under Chapter 77.55 RCW. Please refer to that rule for complete informal appeal procedures. The following information summarizes that rule.

A person who is aggrieved by the issuance, denial, conditioning, or modification of an HPA may request an informal appeal of that action. You must send your request to WDFW by mail to the HPA Appeals Coordinator, Department of Fish and Wildlife, Habitat Program, PO Box 43234, Olympia, Washington 98504-3234; e-mail to HPAapplications@dfw.wa.gov; fax to (360) 902-2946; or hand-delivery to the Natural Resources Building, 1111 Washington St SE, Habitat Program, Fifth floor. WDFW must receive your request within 30 days from the date you receive notice of the decision. If you agree, and you applied for the HPA, resolution of the appeal may be facilitated through an informal conference with the WDFW employee responsible for the decision and a supervisor. If a resolution is not reached through the informal conference, or you are not the person who applied for the HPA, the HPA Appeals Coordinator or designee may conduct an informal hearing or review and recommend a decision to the Director or designee. If you are not satisfied with the results of the informal appeal, you may file a request for a formal appeal.

B. FORMAL APPEALS: WAC 220-660-470 is the rule describing how to request a formal appeal of WDFW actions taken under Chapter 77.55 RCW. Please refer to that rule for complete formal appeal procedures. The following information summarizes that rule.

A person who is aggrieved by the issuance, denial, conditioning, or modification of an HPA may request a formal appeal of that action. You must send your request for a formal appeal to the clerk of the Pollution Control Hearings Boards and serve a copy on WDFW within 30 days from the date you receive notice of the decision. You may serve WDFW by mail to the HPA Appeals Coordinator, Department of Fish and Wildlife, Habitat Program, PO Box 43234, Olympia, Washington 98504-3234; e-mail to HPAapplications@dfw.wa.gov; fax to (360) 902-2946; or hand-delivery to the Natural Resources Building, 1111 Washington St SE, Habitat Program, Fifth floor. The time period for requesting a formal appeal is suspended during consideration of a timely informal appeal. If there has been an informal appeal, you may request a formal appeal within 30 days from the date you receive the Director's or designee's written decision in response to the informal appeal.

C. FAILURE TO APPEAL WITHIN THE REQUIRED TIME PERIODS: If there is no timely request for an appeal, the WDFW action shall be final and unappealable.

HYDRAULIC PROJECT APPROVAL

Washington Department of Fish & Wildlife PO Box 43234

Olympia, WA 98504-3234

(360) 902-2200

Permit Number: 2021-5-82+01 FPA/Public Notice Number: N/A Application ID: 25546

Habitat Biologist George.Fornes@dfw.wa.gov for Director

WDFWGeorge Fornes 360-906-6731

HYDRAULIC PROJECT APPROVAL

Washington Department of Fish & Wildlife PO Box 43234

Olympia, WA 98504-3234

(360) 902-2200

Permit Number: 2021-5-82+01 FPA/Public Notice Number: N/A Application ID: 25546