404_Combined.pdf

DEPARTMENT OF THE ARMY

U.S. ARMY CORPS OF ENGINEERS, SEATTLE DISTRICT

4735 EAST MARGINAL WAY SOUTH, BLDG 1202

SEATTLE, WA 98134-2388

Regulatory Branch July 15, 2024

Mr. Bruce Sully Bureau of Reclamation 1917 Marsh Road Yakima, Washington 98908

Reference: NWS-2024-460 Bureau of Reclamation (Clear Creek Dam Fish Passage Project)

Dear Mr. Sully:

We have reviewed your application to install a new 4,500 square foot fish ladder at the Clear Creek Dam by excavating up to 14 cubic yards of sediment over 2,284 square feet of the North Fork Tieton River (NFTR) and Clear Lake to place up to 600 cubic yards of temporary fill material in supersacks over 1,815 square feet of NFTR and Clear Lake, and placing 20 cubic yards of fill over 60 linear feet (650 square feet) of Clear Lake to install a water intake structure near Naches, Yakima County, Washington.

Based on the information you provided to us, Nationwide Permits (NWP) 27 (Aquatic Habitat Restoration, Establishment, and Enhancement Activities) and 33 (Temporary Construction, Access, and Dewatering) (Federal Register December 27, 2021 Vol. 86, No. 245), authorizes your proposal as depicted on the enclosed drawings dated May 28, 2024.

In order for this authorization to be valid, you must ensure the work is performed in accordance with the enclosed NWP 27 and 33, Terms and Conditions and the following special conditions:

a. You must implement and abide by the Endangered Species Act (ESA) requirements and/or agreements set forth in the Clear Creek Dam Fish Passage Biological Assessment, dated November 24, 2023, and the addendum dated January 12, 2024, in their entirety. The U.S. Fish and Wildlife Service (USFWS) provided the enclosed Letter of Concurrence (LOC) with a finding of “may affect, not likely to adversely affect” based on this document on April 12, 2024 (USFWS Reference Number FWS/R1/2024-0022999). This agency will be informed of this permit issuance. Failure to comply with the commitments made in this

-2-consultation constitutes non-compliance with the ESA and your U.S. Army Corps of Engineers permit. The USFWS is the appropriate authority to determine compliance with ESA.

b. This U.S. Army Corps of Engineers (Corps) permit does not authorize you to take a threatened or endangered species, in particular the Bull Trout. In order to legally take a listed species, you must have a separate authorization under the Endangered Species Act (ESA) (e.g., an ESA Section 10 permit, or ESA Section 7 consultation Biological Opinion (BO) with non-discretionary “incidental take” provisions with which you must comply). The enclosed BO prepared by the U.S.

Fish and Wildlife Service (USFWS) dated April 12, 2024 contain(s) mandatory terms and conditions to implement the reasonable and prudent measures that are associated with the specified “incidental take” in the BO(s) (USFWS Reference Number FWS/R1/2024-0022999). Your authorization under this Corps permit is conditional upon your compliance with all of the mandatory terms and conditions associated with incidental take of the attached BO. These terms and conditions are incorporated by reference in this permit. Failure to comply with the commitments made in this consultation constitutes non-compliance with the ESA and your Corps permit. The USFWS is the appropriate authority to determine compliance with ESA.

The Bureau of Reclamation completed National Historic Preservation Act, Section 7 Endangered Species Act (ESA) consultation for the proposed activity [U.S. Fish and Wildlife Service reference [FWS/R1/2024-0022999]. For the purpose of this Department of the Army authorization, we have determined this project will comply with the requirements of these laws provided you comply with all of the permit conditions. We have determined the permit action is sufficiently addressed in their ESA and EFH consultation documents. By this letter we are advising you and the Services, in accordance with 50 CFR 402.07 and 50 CFR 600.920(b), that this agency has served as the lead Federal agency for the ESA and EFH consultation responsibilities for the activity described above.

Please note that National General Condition 21, Discovery of Previously Unknown Remains and Artifacts, found in the Nationwide Permit Terms and Conditions enclosure, details procedures that must be followed should an inadvertent discovery occur. You must ensure that you comply with this condition during the construction of your project.

The authorized work complies with the Washington State Department of Ecology’s (Ecology) Water Quality Certification (WQC) requirements for this NWP. No further coordination with Ecology for WQC is required.

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You have not requested a jurisdictional determination for this proposed project. If you believe the U.S. Army Corps of Engineers does not have jurisdiction over all or portions of your project you may request a preliminary or approved jurisdictional determination (JD). If one is requested, please be aware that we may require the submittal of additional information to complete the JD and work authorized in this letter may not occur until the JD has been completed.

Our verification of this NWP authorization is valid until March 14, 2026, unless the NWP is modified, reissued, or revoked prior to that date. If the authorized work for the NWP authorization has not been completed by that date and you have commenced or are under contract to commence this activity before March 14, 2026, you will have until March 14, 2027, to complete the activity under the enclosed terms and conditions of this NWP. Failure to comply with all terms and conditions of this NWP verification invalidates this authorization and could result in a violation of Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act. You must also obtain all local, State, and other Federal permits that apply to this project.

You are cautioned that any change in project location or plans will require that you submit a copy of the revised plans to this office and obtain our approval before you begin work. Deviating from the approved plans could result in the assessment of criminal or civil penalties.

Upon completing the authorized work, you must fill out and return the enclosed

Certificate of Compliance with Department of the Army Permit. All compliance reports should be submitted to the U.S. Army Corps of Engineers, Seattle District, Regulatory Branch electronically at nws.compliance@usace.army.mil. Thank you for your cooperation during the permitting process. We are interested in your experience with our Regulatory Program and encourage you to complete a customer service survey.

Referenced documents and information about our program are available on our website

-4-at www.nws.usace.army.mil, select “Regulatory Permit Information”. If you have any questions, please contact me at David.J.Moore@usace.army.mil or (206) 496-3065.

Sincerely, David Moore, Project Manager Regulatory Branch

Enclosures cc: Ecology (ecyrefedpermits@ecy.wa.gov)

ORIA-revised 12/2023 Page 1 of 24

WASHINGTON STATE

Joint Aquatic Resources Permit Application (JARPA) Form1,2 [help]

USE BLACK OR BLUE INK TO ENTER ANSWERS IN THE WHITE SPACES BELOW.

Part 1–Project Identification

1. Project Name (A name for your project that you create. Examples: Smith’s Dock or Seabrook Lane Development) [help]

Clear Creek Dam Fish Passage Project

Part 2–Applicant The person and/or organization responsible for the project. [help] 2a. Name (Last, First, Middle)

Sully, Bruce

2b. Organization (If applicable) Bureau of Reclamation

2c. Mailing Address (Street or PO Box)

1917 Marsh Road

2d. City, State, Zip

Yakima, WA 98908 2e. Phone (1) 2f. Phone (2) 2g. Fax 2h. E-mail

509.502.6906 bsully@usbr.gov

1Additional forms may be required for the following permits:

• If your project may qualify for Department of the Army authorization through a Regional General Permit (RGP), contact the U.S. Army Corps of Engineers for application information (206) 764-3495.

• Not all cities and counties accept the JARPA for their local Shoreline permits. If you need a Shoreline permit, contact the appropriate city or county government to make sure they accept the JARPA.

2To access an online JARPA form with [help] screens, go to http://www.epermitting.wa.gov/site/alias__resourcecenter/jarpa_jarpa_form/9984/jarpa_form.aspx.

For other help, contact the Governor’s Office for Regulatory Innovation and Assistance at (800) 917-0043 or help@oria.wa.gov.

AGENCY USE ONLY

Date received:

Agency reference #:

Tax Parcel #(s):

http://www.bing.com/images/search?q=washington+state+seal&view=detailv2&qpvt=washington+state+seal&id=B01254F63F98016403555280BD9F8AF37E74F06D&selectedIndex=7&ccid=YCEifXXq&simid=607995554416365522&thid=OIP.M6021227d75ea02f3359b33a23b13cc55H2 http://ptjguidance.epermitting.wa.gov/DesktopModules/help.aspx?project=0&node=471 http://ptjguidance.epermitting.wa.gov/DesktopModules/help.aspx?project=0&node=547 http://ptjguidance.epermitting.wa.gov/DesktopModules/help.aspx?project=0&node=534 mailto:bsully@usbr.gov http://www.epermitting.wa.gov/site/alias__resourcecenter/jarpa_jarpa_form/9984/jarpa_form.aspx mailto:help@oria.wa.gov

ORIA-revised 12/2023 Page 2 of 24

Part 3–Authorized Agent or Contact Person authorized to represent the applicant about the project. (Note: Authorized agent(s) must sign 11b of this application.) [help] 3a. Name (Last, First, Middle)

Heether, Elizabeth

3b. Organization (If applicable)

Bureau of Reclamation

3c. Mailing Address (Street or PO Box)

1917 Marsh Road

3d. City, State, Zip

Yakima, WA 98908

3e. Phone (1) 3f. Phone (2) 3g. Fax 3h. E-mail

509.823.3234 eheether@usbr.gov

Part 4–Property Owner(s) Contact information for people or organizations owning the property(ies) where the project will occur. Consider both upland and aquatic ownership because the upland owners may not own the adjacent aquatic land. [help]

☒ Same as applicant. (Skip to Part 5.)

☐ Repair or maintenance activities on existing rights-of-way or easements. (Skip to Part 5.)

☐ There are multiple upland property owners. Complete the section below and fill out JARPA Attachment A for each additional property owner.

☐ Your project is on Department of Natural Resources (DNR)-managed aquatic lands. If you don’t know, contact the DNR at (360) 902-1100 to determine aquatic land ownership. If yes, complete JARPA Attachment E to apply for the Aquatic Use Authorization.

4a. Name (Last, First, Middle)

4b. Organization (If applicable)

4c. Mailing Address (Street or PO Box)

4d. City, State, Zip

4e. Phone (1) 4f. Phone (2) 4g. Fax 4h. E-mail http://ptjguidance.epermitting.wa.gov/DesktopModules/help.aspx?project=0&node=536 mailto:eheether@usbr.gov http://ptjguidance.epermitting.wa.gov/DesktopModules/help.aspx?project=0&node=537

ORIA-revised 12/2023 Page 3 of 24

Part 5–Project Location(s) Identifying information about the property or properties where the project will occur. [help]

☐ There are multiple project locations (e.g. linear projects). Complete the section below and use JARPA Attachment B for each additional project location.

5a. Indicate the type of ownership of the property. (Check all that apply.) [help]

☐ Private

☒ Federal ☐ Publicly owned (state, county, city, special districts like schools, ports, etc.)

☐ Tribal ☐ Department of Natural Resources (DNR) – managed aquatic lands (Complete JARPA Attachment E)

5b. Street Address (Cannot be a PO Box. If there is no address, provide other location information in 5p.) [help]

5c. City, State, Zip (If the project is not in a city or town, provide the name of the nearest city or town.) [help]

Naches, WA

5d. County [help] Yakima County

5e. Provide the section, township, and range for the project location. [help]

¼ Section Section Township Range

11 and 12 13N 12E

5f. Provide the latitude and longitude of the project location. [help]

• Example: 47.03922 N lat. / -122.89142 W long. (Use decimal degrees - NAD 83)

46.628171, -121.271100

5g. List the tax parcel number(s) for the project location. [help]

• The local county assessor’s office can provide this information.

No parcel number – federal land

5h. Contact information for all adjoining property owners. (If you need more space, use JARPA Attachment C.) [help]

Name Mailing Address Tax Parcel # (if known)

USFS, Naches Ranger District 10237 Highway 12 No parcel number – federal land Naches, WA 98937 http://ptjguidance.epermitting.wa.gov/DesktopModules/help.aspx?project=0&node=596 http://www.epermitting.wa.gov/site/alias__resourcecenter/jarpa_jarpa_form/9984/jarpa_form.aspx http://ptjguidance.epermitting.wa.gov/DesktopModules/help.aspx?project=0&node=604 http://www.epermitting.wa.gov/site/alias__resourcecenter/jarpa_jarpa_form/9984/jarpa_form.aspx http://ptjguidance.epermitting.wa.gov/DesktopModules/help.aspx?project=0&node=597 http://ptjguidance.epermitting.wa.gov/DesktopModules/help.aspx?project=0&node=599 http://ptjguidance.epermitting.wa.gov/DesktopModules/help.aspx?project=0&node=600 http://ptjguidance.epermitting.wa.gov/DesktopModules/help.aspx?project=0&node=601 http://ptjguidance.epermitting.wa.gov/DesktopModules/help.aspx?project=0&node=602 http://ptjguidance.epermitting.wa.gov/DesktopModules/help.aspx?project=0&node=603 http://ptjguidance.epermitting.wa.gov/DesktopModules/help.aspx?project=0&node=605

ORIA-revised 12/2023 Page 4 of 24

5i. List all wetlands on or adjacent to the project location. [help] No wetlands on fish ladder construction site. Wetlands are outside of the Clear Lake Reservoir and found near South Fork Clear Creek and North Fork Tieton River

5j. List all waterbodies (other than wetlands) on or adjacent to the project location. [help] Clear Lake, North Fork Tieton River

5k. Is any part of the project area within a 100-year floodplain? [help]

☐ Yes ☒ No ☐ Don’t know

5l. Briefly describe the vegetation and habitat conditions on the property. [help]

The construction site consists of multi-layered canopy with large trees, snags, and logs. Rock cliffs are also present and the area was heavily disturbed by original dam construction, and the existing operations and maintenance foot print. and ongoing staging areas are heavily disturbed recreation areas including the Sno- Park, dispersed camping compaction, and gravel materials with invasive plants.

Dominant tree species are ponderosa pine, grand fir, Douglas fir, western pine, western hemlock, and western larch. The shrub understory varies by soil moisture but includes pine grass, penstemon-forb community, and creeping snowberry, vanilla leaf, and large leaf sandwort. Invasive species in and adjacent to areas disturbed by recreational activity or operations of Clear Creek Dam include diffuse knapweed, St. John’s wort, Dalmatian toadflax, oxeye daisy, bindweed, common tansy, African wiregrass, hairy cats ear, and bull thistle. Reclamation currently uses manual, mechanical, and chemical treatment methods for non-native species along the Dam Access Road. One year of pretreatment of herbicide has been completed in the Sno-Park and roadside areas, implemented by the USFS invasive plant program.

The National Wetland Inventory maps (USGS 2023) identify about 30 acres and 5 acres of scrub-shrub wetland vegetation near where Clear Creek and North Fork Tieton River, respectively, enter the lake. These wetlands are dominated by alder, willow, and sedges. These wetlands are not in the reservoir and will not be altered because they receive constant inputs from the year-round creeks. The reservoir is managed at a consistent elevation for recreation but can be used for irrigation.

Areas that will be used for staging and processing of materials are in upland areas owned and managed by the U.S. Forest Service (USFS), and include existing campgrounds, Sno-Park, and OHV areas that are surrounded by a multi-layered canopy with large trees, snags, and logs. Species are as described above.

5m. Describe how the property is currently used. [help]

Reclamation owns and operates Clear Creek Dam and spillway/fishladder on the property, and has appurtenant equipment, facilities and roads on the primary construction site. Clear Creek Dam creates a reservoir (Clear Lake) with an active capacity of 5,300 acre-feet with a constant pool (lake) elevation of approximately 3011.3 feet over a surface area of approximately 260 acres. The reservoir is managed for recreation but can be used for irrigation. The construction site is on federal lands, managed by Reclamation. Staging area are on federal lands managed by the USFS, Okanogan-Wenatchee National Forest.

5n. Describe how the adjacent properties are currently used. [help] http://ptjguidance.epermitting.wa.gov/DesktopModules/help.aspx?project=0&node=799 http://ptjguidance.epermitting.wa.gov/DesktopModules/help.aspx?project=0&node=800 http://ptjguidance.epermitting.wa.gov/DesktopModules/help.aspx?project=0&node=606 http://ptjguidance.epermitting.wa.gov/DesktopModules/help.aspx?project=0&node=607 http://ptjguidance.epermitting.wa.gov/DesktopModules/help.aspx?project=0&node=609 http://ptjguidance.epermitting.wa.gov/DesktopModules/help.aspx?project=0&node=610

ORIA-revised 12/2023 Page 5 of 24

Directly adjacent to the primary construction site, the adjacent properties are owned and operated for recreation.

Private camps and other USFS recreation sites are located on and around Clear Lake.

5o. Describe the structures (above and below ground) on the property, including their purpose(s) and current condition. [help]

Clear Creek Dam – impound water for recreation purposes, and occasionally for irrigation; good condition Generator Building – to provide power to equipment at the dam; good condition Roads – access to Clear Creek Dam and Spillway/fishladder; good condition Spillway/fishladder – spills water over elevation 3011.3 (good condition), and fishladder is virtually non-functional (poor) and does not provide fish passage Stilling basin – good condition Utilities – above and below ground; good condition

5p. Provide driving directions from the closest highway to the project location, and attach a map. [help] From US-12 turn onto Tieton Reservoir Road/NFD Road 1200, bear left onto FS Road 740/Clear Lake Road.

Existing entrance to Clear Creek Dam is past the spillway bridge and just before the bridge over the North Fork Tieton River.

Part 6–Project Description 6a. Briefly summarize the overall project. You can provide more detail in 6b. [help]

Reclamation proposes to implement its conservation action for Salvelinus confluentus (bull trout), included as part of the proposed action in the 2019 Updated Proposed Action for Reclamation’s Yakima Irrigation Project Operations and Maintenance Consultation, USFWS Supplement to the April 2015 Biological Assessment for Yakima Project Operations and Maintenance), to provide upstream fish passage at Clear Creek Dam, specifically for bull trout, but other fish species could benefit as well. This proposal includes actions to construct a new fish ladder to meet National Marine Fisheries Service (NMFS) 2022 fish passage design criteria and utilize colder water for fish ladder attraction flows.

6b. Describe the purpose of the project and why you want or need to perform it. [help]

The purpose of the CCDFP Project is to improve the long-term viability of the North Fork Tieton bull trout population by allowing bull trout to move freely between spawning and rearing habitat areas. Improvements in the long-term viability of bull trout in the CCDFP Project area would be accomplished through the following actions:

• Implementation of fish passage that complies with current regulatory criteria

• Reduction in take

An additional benefit of providing upstream resident fish passage at Clear Creek Dam includes the ability to expand habitat access for anadromous fish once fish passage is installed at Tieton Dam and anadromous fish are reintroduced into Rimrock Lake.

The need for the proposed action is the existing Clear Creek Dam fishway, which has been identified as impeding upstream passage of bull trout to the upper reaches of North Fork Tieton River and its tributaries.

http://ptjguidance.epermitting.wa.gov/DesktopModules/help.aspx?project=0&node=611 http://ptjguidance.epermitting.wa.gov/DesktopModules/help.aspx?project=0&node=612 http://ptjguidance.epermitting.wa.gov/DesktopModules/help.aspx?project=0&node=614 http://ptjguidance.epermitting.wa.gov/DesktopModules/help.aspx?project=0&node=619

ORIA-revised 12/2023 Page 6 of 24

The Clear Creek Dam fishway consists of two separate fish ladders constructed to provide fish passage over a section of bedrock cascades that also serves as the dam spillway.

Difficulties associated with fish passage at the dam’s spillway include:

• Sedimentation and gravel accumulation in the lower fish ladder

• High water temperatures in the spillway during key migration periods

• Cool water released from Clear Creek Dam falsely attracts migrating fish into Clear Creek Dam stilling basin

This project is also included in the Yakima Basin Integrated Plan’s Structural and Operational Changes element and fulfills congressional authorization Title XII of Public Law 103-434.

6c. Indicate the project category. (Check all that apply) [help]

☐ Commercial ☐ Residential ☐ Institutional ☐ Transportation ☐ Recreational

☐ Maintenance ☒ Environmental Enhancement

6d. Indicate the major elements of your project. (Check all that apply) [help]

☐ Aquaculture

☐ Bank Stabilization

☐ Boat House

☐ Boat Launch

☐ Boat Lift

☐ Bridge

☐ Bulkhead

☐ Buoy

☐ Channel Modification

☐ Culvert

☐ Dam / Weir

☐ Dike / Levee / Jetty

☐ Ditch

☐ Dock / Pier

☐ Dredging

☐ Fence

☐ Ferry Terminal

☒ Fishway

☐ Float

☐ Floating Home

☐ Geotechnical Survey

☐ Land Clearing

☐ Marina / Moorage

☐ Mining

☐ Outfall Structure

☐ Piling/Dolphin

☐ Raft

☐ Retaining Wall (upland)

☒ Road

☐ Scientific Measurement Device

☐ Stairs

☐ Stormwater facility

☐ Swimming Pool

☐ Utility Line

☒ Other: Fish ladder and appurtenant structures; a cofferdam will be needed for fish ladder entrance construction, and the contractor may opt to utilize a cofferdam fish ladder exit construction to extend their work window at this location. Reservoir drawdown (fall 2025) will be utilized to construct fish ladder exit in the dry; cofferdam placement, if used, would also be in the dry.

http://ptjguidance.epermitting.wa.gov/DesktopModules/help.aspx?project=0&node=615 http://ptjguidance.epermitting.wa.gov/DesktopModules/help.aspx?project=0&node=616

ORIA-revised 12/2023 Page 7 of 24

6e. Describe how you plan to construct each project element checked in 6d. Include specific construction methods and equipment to be used. [help]

• Identify where each element will occur in relation to the nearest waterbody.

• Indicate which activities are within the 100-year floodplain.

Close-up of the project area, where a new access road and the new fish ladder would be constructed on the north side of Clear Creek Dam.

The construction contract would require all construction activities to occur between the spring of 2025 and the fall of 2027. Because of the amount of road work anticipated, along with the complexity of fish ladder construction (e.g., the length of the fish ladder, selected alignment, and unique fish ladder entrance and exit features), the overall fish ladder construction would require two full construction seasons to complete. It is anticipated that once the area is disturbed by construction activities for the CCDFP Project, in the spring of 2025, the area would be constantly disturbed by activities until the project is completed in the spring and summer of 2027.

The means and methods utilized for construction are dependent on the contractor’s submitted and approved submittals. The following is based on how Reclamation would likely construct the project but this may not be how the contractor implements the project. It is anticipated that the following equipment may be used during construction: light duty trucks, concrete pumper truck with boom, loaders/backhoes, skid steers, hydraulic cranes, compacters, generators, water truck, chipper, excavators, wheel loaders, hammer drills, crawler dozers, hydraulic impact breakers, jackhammer, pumps, and portable welders. Construction water for dust abatement and other applications would be pumped to a water check from either the spillway or the boat launch, with the first being the most likely scenario. The pump would be required to have a NMFS-compliant screen so as to prevent fish entrainment. Water used for dust abatement would be mitigated.

Site Prep

Between June 17 and July 31, 2024, Reclamation anticipates the removal of approximately 179 trees through a contract with the Yakama Nation. The trees are located within the construction area (about 1.75 acres) and cover an area of approximately 1.25 acres. Approximately 50 percent of the trees are between 6-inch DBH and 11-inch DBH, with the remainder 50 percent being greater than 12-inch DBH. Trees measuring between 6 inches and 30 inches DBH would be removed with rootballs intact. The Yakama Nation would utilize many of the trees with rootballs for instream habitat in the North Fork Tieton River and Clear Creek. Up to 24 trees would be retained for use as downed wood for wildlife habitat, post-construction, with usage at about 20 trees per acre. At the nearest point, trees on the reservoir side are upland and approximately 80 feet from Clear Lake.

In the spring of 2025, the contractor would commence clearing and grubbing of the construction site. Clearing and grubbing is the process of removing all vegetation, including roots and stumps, and other debris from a site to prepare it for construction. Clearing and grubbing would occur, where necessary, for construction purposes within the 1.51 acres of disturbance at the construction site; at a minimum, this would include clearing and grubbing of the construction area of the fish ladder, generator building, and approximately a 25-http://ptjguidance.epermitting.wa.gov/DesktopModules/help.aspx?project=0&node=617

ORIA-revised 12/2023 Page 8 of 24 foot swath for the new access road. Topsoil would be stripped from the construction area and hauled to CUA 4 for storage until the end of construction. Trees and shrubs near the North Fork Tieton River may need to be removed to facilitate access to and construction of the river structure (fish intake/water exit).

Road Modification and New Access Road

The fish ladder would be accessible from two locations along NF-740: the Lower Access Road and the Dam Access Road. Both roads are Reclamation-owned and maintained for Yakima Project O&M of Clear Creek Dam and appurtenant facilities. The fish ladder entrance (river side), near the outlet works, would be accessible via the Lower Access Road. The Dam Access Road provides access to the top of the dam and would provide access to the fish ladder exit (reservoir side).

The Lower Access Road would have its current security gate removed, and the road would be partially demolished during construction to facilitate excavation activities for fish ladder construction. Once construction is complete, the roadway would be reconstructed to pre-project grade and surfaced with gravel, and a new security gate would be installed to prevent unauthorized vehicular access.

The Dam Access Road would require some realignment and regrading to access the top of the dam and the culvert portion of the fish ladder. Constructing the road would likely be the first task the contractor would do after mobilizing in the spring of 2025. The existing security gates would be removed near the spillway and the dam; these would be replaced with new gates at the end of construction to prevent unauthorized vehicular access. As part of the project, Reclamation would construct a new road between the current O&M access at the spillway and the dam, entirely within Reclamation’s management area. Road construction would involve a combination of cut and fill, and then gravel surface would be applied. The new road would start after the spillway bridge and have a maximum grade of 11 percent as it approaches the dam. As the road begins to arc around the existing control house and new generator building location, it would briefly tie into an existing, light use road that provides access to the “shed,” located near the spillway, from the dam. The arc continues and ties into the existing Dam Access Road, which is relatively steep at approximately a 12 percent grade. The new road was designed to prevent surface erosion and to accommodate a WB-40-sized truck, which is a medium-sized semi-truck with a 40-foot wheelbase, used for delivering equipment or materials to the construction site. The current Dam Access Road would be graded to reduce the existing steep grade to allow the large trucks and trailers to safely exit back onto NF-740. It is envisioned that the use of this road would be “one-way” during construction, but this would be at contractor’s discretion.

Reservoir Drawdown A partial reservoir drawdown of 12 feet, to elevation 2999.00, is proposed from September 29, 2025, to March 31, 2026; however, the length of the drawdown is weather dependent, and construction may be completed sooner and allow for refill to occur before April 2026. The drawdown would allow construction of the reservoir structure (fish ladder exit) “in the dry,” as a portion of the structure is below elevation 3011.3. The contractor may also choose to construct the water intake structure and piping, approximately 18 feet below the drawdown WSE, during this time; however, the contractor may also choose to construct these features at full pool, which would mean the work would be done approximately 30 feet underwater. The drawdown would only occur during a single winter season to minimize impacts to fish and recreation on Clear Lake.

To accomplish the 12-foot drawdown, Reclamation would release water from the outlet. This would be done according to standard operating procedures and established ramping protocols. There are no known structural or geological conditions which would limit the rate of drawdown; however, the rate of drawdown is impacted by rate of inflow. Based on the specifications, Reclamation would start the reservoir drawdown on September 29, 2025, with an anticipated drawdown of 1 foot per day until the reservoir reaches an elevation of 2999.0 on October 11, 2025. A fisheries biologist would monitor Clear Lake to ensure there is no stranding of fish during drawdown activities.

Fish Ladder The proposed fish ladder would be on the left abutment of the dam and would be approximately 750 feet long, 6 feet wide, and 10.5 feet deep. The ladder consists of a river structure located at the river elevation, a reservoir structure located at the lake elevation, and a series of pools/weirs between the two ends. The ladder

ORIA-revised 12/2023 Page 9 of 24 consists of 54 pools: 47 “straight” pools with a weir on each end and 7 “turning” pools. The turning pools allow the ladder to change flow direction and provide slower moving water for fish to rest. Each pool would have arch supports attached to the exterior of the fish ladder wall (see Figure 4) to support the cover fencing over the pool. It is anticipated that the contractor will use standard excavation equipment sized for the project, including backhoe, excavator (with hoe ram for fracturing rock), compactor, dump truck, concrete truck, concrete forms, crane, and miscellaneous hand tools. Rock is expected to be very hard and severely weathered, and its removal could involve expansive materials or mechanical excavation or a combination of means and methods; blasting is not permitted per Reclamation’s environmental commitments.

The contractor would most likely construct the fish ladder incrementally. General processes would include:

excavation; grade setting; base material placement in invert; tying rebar; construction of concrete forms;

placement of concrete; backfilling around concrete structure; installation of the steeppass (a type of prefabricated Denil fishladder) with crane; and installation of gates, pumps and other equipment at the river and reservoir structures. Excavation at the fish ladder entrance and exit will be “in the dry.”

Water Intake Pipe The water intake pipe consists of a 36-inch steel pipe with length of approximately 70 feet. The inlet end of the pipe is submerged into the reservoir and has a cylindrical stainless steel fish screen bolted at a flange connection. The top portion of the pipe is cast into the reservoir structure. A knife gate valve would be located at the reservoir structure to close off flow to the fish ladder. Water is conveyed through the fish screen, through the pipe, and into the reservoir structure using gravity.

The intake pipe is supported in four locations, two on the lower end and two on the upper end. The two lower supports would consist of a concrete thrust block and a support. These lower placements would be made under water at a depth of approximately 30 feet from operating WSE, and would consist of approximately 4 cubic yards (CY) of concrete each (3.75 CY for thrust block and 0.25 CY for support). The upper concrete supports consist of a thrust block and saddle support and would require approximately 8 CY of concrete each (7 CY for thrust block and 1 CY for support). These upper placements would be made in the dry, but below the ordinary high-water mark (OHWM), during the reservoir drawdown of approximately 12 feet; they would be submerged once reservoir is returned to the normal level (approximate elevation 3011.3).

Construction of the water intake would require underwater work with divers that includes placing formwork, drilling and grouting anchor bars, and placing concrete via a tremie pipe to construct the lower thrust block and supports. Reclamation anticipates that the contractor may launch a barge from the Clear Lake public boat landing to support the underwater construction efforts for the water intake. The barge would provide a platform for the dive team and a staging area for small equipment and concrete form materials.

Underwater concreting is most commonly achieved with the tremie method, which uses a tremie pipeline with a valve on the operating end held by the diver; the valve creates a seal to prevent concrete “escaping” into the water column. The pipeline is often “fed” concrete from a land-based pumper truck. The tremie pipeline would be sealed while the divers navigate to the underwater forms. The pipeline would be placed at the bottom of the forms, touching the bottom surface. Once the pipe is against the bottom of the form, the pipeline valve would be opened to allow concrete to move through the pipe. When the tremie reaches the top of the form, the valve would be turned off to stop the flow of tremie. After placements are made underwater, the contractor shall cover the end of the tremie tube prior to lifting it back out of the water column. The cover would prevent any concrete from entering the water column. A burlap tarp might be placed over the top surface of the tremie to prevent direct water contact.

Reclamation has engineered out, to the greatest extent practical, the risk of leaching phosphate (P) into the water column and potentially increasing pH during underwater concrete placement and curing, by requiring the use of P-free Portland Cement. It is likely that an admixture would be added to the tremie concrete mixture to improve yield value and viscosity of the mix to improve flow through the tremie pipeline, increase self-compaction, improve cohesiveness (segregation-resistance) of the mix, and improve washout resistance (dispersion of concrete material into the surrounding water). This type of admixture may contain trace amounts of P due to processing and general materials used. If an admixture is used, the volume would be on the order of ounces of admixture per CY of concrete. Some concrete, specifically magnesium phosphate cement, contains P that could leach into the water column during the curing process and raise pH levels.

ORIA-revised 12/2023 Page 10 of 24

Water quality monitoring would be conducted by the contractor as a further means of ensuring that project-related activities do not adversely affect the aquatic environment within the Clear Lake immediate work area during all phases of the auxiliary water intake pipe construction activities that occur underwater. The contractor would monitor for turbidity, pH, and temperature on the reservoir side, and turbidity and temperature on the river side during construction. Measurements for these physical parameters would be collected during all phases of the project, especially during any concrete pouring, curing, and subsequent concrete grouting activities (if needed) for construction of the fish ladder auxiliary water intake.

Temporary Cofferdam Two cofferdams may be constructed and removed by the contractor. It would be necessary to construct a cofferdam to isolate in-water work on the North Fork Tieton River. The contractor may opt to construct a cofferdam for the reservoir-side work to extend the construction window outside of the drawdown window or to protect the construction site in the event of a harsh winter.

A temporary cofferdam would be installed prior to in-water work to isolate construction of the river structure portion of the fish ladder from North Fork Tieton River flows and would be placed adjacent to the rock outcrop at the fish entrance. The project specification states that construction of the cofferdam can take place between October 15 and April 15. Removal of the cofferdam cannot take place between April 15 and August 20, nor between September 10 and October 15, and is not anticipated to be installed longer than 8 months.

Reclamation anticipates that the contractor would install the cofferdam October 15, 2026, and remove it in early December 2026. These restrictions are in the specification to protect bull trout.

During river cofferdam installation and removal, no wet crossings or temporary placement of heavy equipment would occur in North Fork Tieton River “live water.” Reclamation anticipates that a land-based, long-reach excavator or crane would be used for constructing and removing the cofferdams from outside of the OHWM.

While the tracks of the excavator would be outside of the OHWM, the bucket would be used to level a foundation for the cofferdam in “live water.” The temporary cofferdam would likely consist of geo-bags filled with stream mix (clean, round river rock with less than 10 percent fines), stacked side-by-side and one atop another to achieve necessary dimensions. Once placed, cofferdams would be wrapped with low-density polyethylene plastic sheeting, or a similar material, eliminating interstitial spaces between the geo-bags to prevent impingement or entrapment of fish and reduce or prevent leakage. Cofferdam design is estimated to be approximately 9 feet wide at the base with a tapered width as it rises to approximately 9 feet tall, creating a pyramid shape.

Since the cofferdam placement and removal timeframes are restricted, the interior of the cofferdam may not be dewatered for the duration of up to 8 months. For dewatering, a pump fitted with a NMFS-compliant fish screen would be utilized to remove water on the inside of the cofferdam to facilitate construction of the river structure. The pumped water would be returned to the river due to lack of an appropriate area to land apply the water (area is a rock outcropping). Once the water level was down to a wadable level, fish would be removed from the interior of the cofferdam by fisheries biologists. Once the interior is de-fished, dewatering efforts would continue. Sump pumps may be necessary to handle seepage during construction. If water was turbid, the contractor may need to utilize baker tanks to let the sediment settle out before returning clean water to the river to meet water quality standards.

After construction of the river structure, and in the appropriate window, the cofferdam would be removed with land-based equipment; while the bucket would enter the water, the tracks of the excavator would be land-based. To the extent practicable, rocks that had been removed to facilitate cofferdam placement would be replaced in the graded foundation area.

The optional reservoir-side cofferdam would be installed in the reservoir during the drawdown period of September 29, 2025, to March 31, 2026. The cofferdam could be constructed early during the drawdown and stay in place throughout the winter and be removed the following year when work at the reservoir structure is completed without an additional drawdown. If the contractor opts to install an in-reservoir cofferdam, it is

ORIA-revised 12/2023 Page 11 of 24 anticipated that the cofferdam would be constructed on an existing earthen/rock “shelf” where the reservoir structure is sited. The actual cofferdam size and means and methods of cofferdam construction would be determined by the contractor. For analysis purposes, it is anticipated that the cofferdam would be 12 feet tall, 24 feet wide, and 60 feet long, and constructed with geo-bags filled with stream mix. The geo-bags would be covered with a geomembrane to create a smooth surface facing the reservoir. The geo-bags would be placed and removed with land-based equipment.

Revegetation Plan The USFS Restoration Services Team developed a draft Revegetation Plan. Revegetation would occur in areas of the construction site that would not be permanently altered by the placement of facility structures.

Approximately 0.77 acres would be seeded, and 0.29 acres of the reseeded area would receive additional plantings. Selected plants would be from the appropriate Provisional Seed Zone to ensure locally adapted, genetically appropriate native plants. Per the Revegetation Plan, the site conditions will shift to an early and mid-successional species composition at the edge of the cleared area. Species communities are expected to stabilize in 5-10 years with revegetation and continued weed management. More information can be found in the Revegetation Plan included in Appendix B of the Environmental Assessment.

6f. What are the anticipated start and end dates for project construction? (Month/Year) [help]

• If the project will be constructed in phases or stages, use JARPA Attachment D to list the start and end dates of each phase or stage.

Start Date: April 2025 End Date: October 2027 ☐ See JARPA Attachment D

Tree removal will occur in summer 2024 by the Yakama Nation; these trees are upland and setback significantly from the OHWM. While the construction is anticipated to start in April 2025, Reclamation needs the permits by July 15, 2024, in order to complete contracting actions for this project.

6g. Fair market value of the project, including materials, labor, machine rentals, etc. [help]

6h. Will any portion of the project receive federal funding? [help]

• If yes, list each agency providing funds.

☒ Yes, Bureau of Reclamation ☐ No ☐ Don’t know

Part 7–Wetlands: Impacts and Mitigation ☒ Check here if there are wetlands or wetland buffers on or adjacent to the project area.

(If there are none, skip to Part 8.) [help]

7a. Describe how the project has been designed to avoid and minimize adverse impacts to wetlands. [help]

☐ Not applicable

There are no wetlands on the construction site nor in the reservoir that would be affected by the 12-foot, temporary drawdown or the construction of the new access road, fish ladder, or other appurtenant structures.

The reservoir is managed for recreation but can be used for irrigation.

The National Wetland Inventory maps (USGS 2023) identify about 30 acres and 5 acres of scrub-shrub wetland vegetation near where Clear Creek and North Fork Tieton River, respectively, enter the lake. These wetlands are dominated by alder, willow, and sedges. The lowering of the reservoir would not result in any local, temporary, or adverse impacts to wetlands and wetland vegetation, because the wetlands are not within http://ptjguidance.epermitting.wa.gov/DesktopModules/help.aspx?project=0&node=618 http://www.epermitting.wa.gov/site/alias__resourcecenter/jarpa_jarpa_form/9984/jarpa_form.aspx http://ptjguidance.epermitting.wa.gov/DesktopModules/help.aspx?project=0&node=620 http://ptjguidance.epermitting.wa.gov/DesktopModules/help.aspx?project=0&node=621 http://ptjguidance.epermitting.wa.gov/DesktopModules/help.aspx?project=0&node=623 http://ptjguidance.epermitting.wa.gov/DesktopModules/help.aspx?project=0&node=777

ORIA-revised 12/2023 Page 12 of 24 the reservoir and the creeks would maintain the surface water connection to and moisture levels of the wetlands.

7b. Will the project impact wetlands? [help]

☐ Yes ☒ No ☐ Don’t know

7c. Will the project impact wetland buffers? [help]

☐ Yes ☒ No ☐ Don’t know 7d. Has a wetland delineation report been prepared? [help]

• If Yes, submit the report, including data sheets, with the JARPA package.

☐ Yes ☒ No

7e. Have the wetlands been rated using the Western Washington or Eastern Washington Wetland Rating System? [help]

• If Yes, submit the wetland rating forms and figures with the JARPA package.

☐ Yes ☒ No ☐ Don’t know 7f. Have you prepared a mitigation plan to compensate for any adverse impacts to wetlands? [help]

• If Yes, submit the plan with the JARPA package and answer 7g.

• If No, or Not applicable, explain below why a mitigation plan should not be required.

☐ Yes ☒ No ☐ Don’t know

The lowering of the reservoir would not result in any local, temporary, or adverse impacts to wetlands and wetland vegetation, because the wetlands are not within the reservoir and the creeks would maintain the surface water connection to and moisture levels of the wetlands; therefore, a mitigation plan has not been developed. In addition, there are no wetlands within or proximal to the construction area.

7g. Summarize what the mitigation plan is meant to accomplish, and describe how a watershed approach was used to design the plan. [help]

7h. Use the table below to list the type and rating of each wetland impacted, the extent and duration of the impact, and the type and amount of mitigation proposed. Or if you are submitting a mitigation plan with a similar table, you can state (below) where we can find this information in the plan. [help] http://ptjguidance.epermitting.wa.gov/DesktopModules/help.aspx?project=0&node=778 http://ptjguidance.epermitting.wa.gov/DesktopModules/help.aspx?project=0&node=779 http://ptjguidance.epermitting.wa.gov/DesktopModules/help.aspx?project=0&node=780 http://ptjguidance.epermitting.wa.gov/DesktopModules/help.aspx?project=0&node=789 http://ptjguidance.epermitting.wa.gov/DesktopModules/help.aspx?project=0&node=790 http://ptjguidance.epermitting.wa.gov/DesktopModules/help.aspx?project=0&node=794 http://ptjguidance.epermitting.wa.gov/DesktopModules/help.aspx?project=0&node=791

ORIA-revised 12/2023 Page 13 of 24

Activity (fill, drain, excavate, flood, etc.)

Wetland Name1

Wetland type and rating category2

Impact area (sq.

ft. or Acres)

Duration of impact3

Proposed mitigation type4

Wetland mitigation area

(sq. ft. or acres)

1 If no official name for the wetland exists, create a unique name (such as “Wetland 1”). The name should be consistent with other project documents, such as a wetland delineation report.

2 Ecology wetland category based on current Western Washington or Eastern Washington Wetland Rating System. Provide the wetland rating forms with the JARPA package.

3 Indicate the days, months or years the wetland will be measurably impacted by the activity. Enter “permanent” if applicable.

4 Creation (C), Re-establishment/Rehabilitation (R), Enhancement (E), Preservation (P), Mitigation Bank/In-lieu fee (B) Page number(s) for similar information in the mitigation plan, if available:

7i. For all filling activities identified in 7h, describe the source and nature of the fill material, the amount in cubic yards that will be used, and how and where it will be placed into the wetland. [help]

7j. For all excavating activities identified in 7h, describe the excavation method, type and amount of material in cubic yards you will remove, and where the material will be disposed. [help]

Part 8–Waterbodies (other than wetlands): Impacts and Mitigation

In Part 8, “waterbodies” refers to non-wetland waterbodies. (See Part 7 for information related to wetlands.) [help]

☒ Check here if there are waterbodies on or adjacent to the project area. (If there are none, skip to Part 9.)

8a. Describe how the project is designed to avoid and minimize adverse impacts to the aquatic environment.

[help]

☐ Not applicable http://ptjguidance.epermitting.wa.gov/DesktopModules/help.aspx?project=0&node=792 http://ptjguidance.epermitting.wa.gov/DesktopModules/help.aspx?project=0&node=793 http://ptjguidance.epermitting.wa.gov/DesktopModules/help.aspx?project=0&node=744 http://ptjguidance.epermitting.wa.gov/DesktopModules/help.aspx?project=0&node=746

ORIA-revised 12/2023 Page 14 of 24

Most of the project is upland and away from the Clear Lake Reservoir and the downstream portion of the North Fork Tieton River. Construction of the reservoir and river structures of the fish ladder requires excavation and construction at these waterbodies.

Timing of cofferdam placement and removal windows are in the specification and were developed in coordination with USFWS to minimize impacts to bull trout. Details of cofferdam construction provided earlier in application.

Reclamation has engineered out, to the greatest extent practical, the risk of leaching phosphate (P) into the water column and potentially increasing pH during underwater concrete placement and curing, by requiring the use of P-free Portland Cement.

Water quality monitoring would be conducted by the contractor as a further means of ensuring that project-related activities do not adversely affect the aquatic environment within the Clear Lake immediate work area during all phases of the auxiliary water intake pipe construction activities that occur underwater. The contractor would monitor for turbidity, pH, and temperature on the reservoir side, and turbidity and temperature on the river side during construction.