J_6g__Hydraulic_Project_Approval_0004.pdf

PERMITTEE AUTHORIZED AGENT OR CONTRACTOR

Bureau of Reclamation, Columbia-Cascades Area Office Bureau of Reclamation, Columbia-Cascades Area Office

ATTENTION: David Child ATTENTION: Elizabeth Heether

1917 Marsh Rd 1917 March Road

Yakima, WA 98901 Yakima, WA 98901

Project Name: Leavenworth National Fish Hatchery Surface Water Intake Fish Screens and Fish Passage Project

Project Description: Reclamation is proposing to rehabilitate, replace, and modernize the Leavenworth National Fish Hatchery (LNFH) surface water intake and delivery system on Icicle Creek near Leavenworth, Washington by constructing new headworks and a creek-width roughened channel (Phase I), and replacing and lining the surface water conveyance pipeline to the LNFH (Phase II).

PROVISIONS

TIMING - PLANS - INVASIVE SPECIES CONTROL

1. TIMING LIMITATION: You may begin the project on May 21, 2021 and you must complete the project by May 19, 2026; provided in-water work is completed between July 1-November 15.

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 20210209-PmtDrawings drawings 20200730.pdf, received on May 3, 2021, except as modified by this Hydraulic Project Approval. You must have a copy of these plans 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. PRE-CONSTRUCTION CONTRACTOR MEETING: 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 fourteen business days before starting work to arrange a pre-construction contractor meeting onsite. The notification must include the permittee's name, project location, starting date, and the Hydraulic Project Approval permit number.

5. PRE- AND POST-CONSTRUCTION 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, and again within seven days after completing the work. The notification must include the permittee's name, project location, starting date for work or date the work was completed, and the permit number. The Washington Department of Fish and Wildlife

HYDRAULIC PROJECT APPROVAL

Washington Department of Fish & Wildlife

PO Box 43234

Olympia, WA 98504-3234

(360) 902-2200

Permit Number: 2021-2-56+01

FPA/Public Notice Number: N/A

Application ID: 24992

Project End Date: May 19, 2026

Issued Date: May 21, 2021 may conduct inspections during and after construction; however, the Washington Department of Fish and Wildlife will notify you or your agent before conducting the inspection.

6. PHOTOGRAPHS: You, your agent, or contractor must take photographs of the job site before the work begins and after the work is completed. You must upload the photographs to the post-permit requirement page in the Aquatic Protection Permitting System (APPS) or mail them to Washington Department of Fish and Wildlife at Post Office Box 43234, Olympia, Washington 98504-3234 within 30-days after the work is completed.

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

8. 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.

9. Design and locate new temporary access roads to prevent erosion and sediment delivery to waters of the state.

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

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

12. Retain all natural habitat features on the bed or banks including large woody material and boulders. You may move these natural habitat features during construction but you must place them near the preproject location before leaving the job site.

13. Confine the use of equipment to the specific access and work corridor shown in the approved plans.

14. Limit the use of equipment waterward of the ordinary high water line to that necessary to gain position for the work.

15. 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.

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

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

18. 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

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

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

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

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

23. 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.

HYDRAULIC PROJECT APPROVAL

Washington Department of Fish & Wildlife

PO Box 43234

Olympia, WA 98504-3234

(360) 902-2200

Permit Number: 2021-2-56+01

FPA/Public Notice Number: N/A

Application ID: 24992

24. 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.

25. 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.

CONSTRUCTION MATERIALS

26. 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.

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

28. Use only clean, suitable material as fill material (no trash, debris, car bodies, tires, asphalt, concrete, etc.).

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

30. 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.

31. 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

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

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

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

35. 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.

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

FISH LIFE REMOVAL

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

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

39. If personnel are available, the Washington Department of Fish and Wildlife and affected tribes may help capture and move fish life from the job site.

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

41. All persons removing fish life from a job site must follow the protocol entitled USFWS (2012) Recommended Fish Exclusion, Capture, Handling, and Electroshocking Protocols and Standards for Bull Trout. Block netting is not required for this project due to the streambed substrate in Icicle Creek at the project location.

DIVERSION/INTAKES

42. With the exception of only the temporary gravity bypass pipeline during construction, equip and maintain any device

HYDRAULIC PROJECT APPROVAL

Washington Department of Fish & Wildlife

PO Box 43234

Olympia, WA 98504-3234

(360) 902-2200

Permit Number: 2021-2-56+01

FPA/Public Notice Number: N/A

Application ID: 24992 used for diverting water from a fish-bearing watercourse with a fish screen approved by the Washington Department of Fish and Wildlife (WDFW) to prevent passage or impingement of fish. Maintain the fish screen and associated structures as necessary to achieve the approach velocity, a functional bypass, and fish protection criteria, which will be WDFW compliant upon completion of the roughened channel and low-flow boulder weir.

43. The intake structure must have a fish screen installed, operated, and maintained in accordance with RCW

77.57.010 and 77.57.070. Screen the intake with one of the following: a) Perforated plate: 0.094 inch (maximum opening diameter); b) Profile bar: 0.069 inch (maximum width opening); or c) Woven wire: 0.087 inch (maximum opening in the narrow direction). The minimum open area for all types of fish screens is twenty-seven percent. The screened intake facility must have enough surface area to ensure that the velocity through the screen is less than 0.4 feet per second. The intake screen shall not rest on the bottom of the watercourse. Maintain fish screens to prevent injury or entrapment of fish.

44. For the temporary pump diversions operated during construction in a fish-bearing stream, the pump diversions must have a fish screen installed, operated, and maintained in accordance with RCW 77.57.010 and 77.57.070. Screen the pump intake with one of the following: a) Perforated plate: 0.094 inch (maximum opening diameter); b) Profile bar:

0.069 inch (maximum width opening); or c) Woven wire: 0.087 inch (maximum opening in the narrow direction). The minimum open area for all types of fish screens is twenty-seven percent. The screened intake facility must have enough surface area to ensure that the velocity through the screen is less than 0.4 feet per second. The pump intake screen shall not rest on the bottom of the watercourse. Maintain fish screens to prevent injury or entrapment of fish.

45. The intake screens may be raised temporarily for maintenance or due to ice. Any fish that might pass through during this time must be rescued from the USFWS Leavenworth National Fish Hatchery Sand Settling Basin in accordance with existing biological opinions (USFWS 2011; NMFS 2017).

ROUGHENED CHANNEL AND LOW-FLOW BOULDER WEIR FISHWAY INSTALLATION

46. The roughened channel is a fishway, as well as the low-flow boulder weir fishway, and both must be monitored and maintained to ensure it provides continued, unimpeded fish passage. If either becomes a hindrance to fish passage, the owner must obtain an HPA and provide prompt repair.

47. The constructed streambed shall contain sufficient fine material in order to seal sufficiently and prevent subsurface flow.

48. The resulting streambed shall not have vertical drops greater than 0.8 feet within the project area.

49. Inspect the roughened channel and low-flow boulder weir fishway for proper function, minimum annually, and maintain proper function as long as the structures exist.

DEMOBILIZATION AND CLEANUP

50. 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.

51. 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.

52. Seed areas disturbed by construction activities with a native seed mix suitable for the site that has at least one quick-establishing plant species.

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

54. Complete replanting of riparian vegetation during the first dormant season (late fall through late winter) after project completion per the approved plan. Maintain plantings for at least three years to ensure at least eighty percent of the plantings survive. Failure to achieve the eighty percent survival in year three will require you to submit a plan with follow-up measures to achieve requirements or reasons to modify requirements.

55. Install fencing around the individual replanted riparian sites until the plantings are well established.

HYDRAULIC PROJECT APPROVAL

Washington Department of Fish & Wildlife

PO Box 43234

Olympia, WA 98504-3234

(360) 902-2200

Permit Number: 2021-2-56+01

FPA/Public Notice Number: N/A

Application ID: 24992

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.

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.

LOCATION #1: On Icicle Creek Road, approximately 3.4 miles from the intersection of US Hwy 2 and Icicle Road, Leavenworth, WA 98826

WORK START: May 21, 2021 WORK END: May 19, 2026

WRIA Waterbody: Tributary to:

45 - Wenatchee Icicle Creek (rb) Wenatchee River

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

NE 1/4 27 24 N 17 E 47.547277 -120.693502 Chelan

Location #1 Driving Directions

From US Hwy 2 Westbound in Leavenworth, turn left onto Icicle Road. Continue for approximately 2 miles, and continue straight onto Icicle Creek Road. The LNFH surface water intake will be on the left after approximately 1.4 miles. Please see Map 1-1, Project Area Overview, in Appendix 1.

56. 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.

57. Return water flow slowly to the in-water work area to prevent the downstream release of sediment laden water. If necessary, install silt fencing above the bypass outlet to capture sediment during re-watering of the channel.

58. 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: 2021-2-56+01

FPA/Public Notice Number: N/A

Application ID: 24992

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

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.

HYDRAULIC PROJECT APPROVAL

Washington Department of Fish & Wildlife

PO Box 43234

Olympia, WA 98504-3234

(360) 902-2200

Permit Number: 2021-2-56+01

FPA/Public Notice Number: N/A

Application ID: 24992

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.

Habitat Biologist Amanda.Barg@dfw.wa.gov for Director

WDFWAmanda Barg 509-429-9285

HYDRAULIC PROJECT APPROVAL

Washington Department of Fish & Wildlife

PO Box 43234

Olympia, WA 98504-3234

(360) 902-2200

Permit Number: 2021-2-56+01

FPA/Public Notice Number: N/A

Application ID: 24992