GOV_HPA_Permit_Std.pdf

PERMITTEE AUTHORIZED AGENT OR CONTRACTOR

Bureau of Reclamation Bureau of Reclamation

ATTENTION: Bruce Sully ATTENTION: Elizabeth Heether

1917 Marsh Rd 1917 Marsh Rd

Yakima, WA 98908 Yakima, WA 98908

Project Name: Clear Creek Dam Fish Passage Project

Project Description: 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.

PROVISIONS

1. TIMING LIMITATION:

a. Work on the reservoir side of the fish ladder is authorized when water elevations in the reservoir allow for work to be completed in the dry or as close to it as possible.

b. The in-water construction phases of the project should occur when dewatering of the river will have the lowest impact on instream flow management of North Fork Tieton and impacts to fish species spawning in this reach. The river cofferdam construction or removal shall not take place between April 15 and August 20, nor between September 10 and October 15.

2. APPROVED PLANS: Work must be accomplished per information, submitted by USDI Bureau of Reclamation (Reclamation) to Washington Department of Fish and Wildlife (WDFW) with the Hydraulic Project application, supporting information and plans and specifications for construction except as noted in provisions in this approval. A copy of the plans, specifications and this HPA must be available on-site during construction. Modifications of plans or specifications that may affect fish life, hydraulics, and fish passage conditions must be specifically reviewed and approved by WDFW prior to construction and a summary of changes uploaded to APPS.

NOTIFICATION REQUIREMENTS

3. PRE- AND POST-CONSTRUCTION NOTIFICATION: You, your agent, or contractor must contact the WDFW Yakima County Habitat Biologist J. Shah by e-mail at J.Shah@dfw.wa.gov at least three business days before starting in water work, and again within seven days after completing the project. The notification must include the permittee's name, project location, starting date for work or date the work was completed, and the permit number. Notification must also be provided prior to starting work which requires underwater concrete pouring, dewatering of areas where fish may be present, or where work requires relocating or capturing fish. The Washington Department of Fish and Wildlife 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.

4. PHOTOGRAPHS: You, your agent, or contractor must take photographs of the job site before the work begins and

HYDRAULIC PROJECT APPROVAL

Washington Department of Fish & Wildlife

PO Box 43234

Olympia, WA 98504-3234

(360) 902-2200

Permit Number: 2024-3-42+02

FPA/Public Notice Number: N/A

Application ID: 35131

Project End Date: July 18, 2029

Issued Date: July 23, 2024 after the work is completed. You must upload the photographs to the post-permit requirement page in the Aquatic Protection Permitting System (APPS) or email them to J.Shah@dfw.wa.gov within 30-days after the work is completed.

5. 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.

6. REQUIRED MEETINGS:

a. Prior to start of work, the permittee must arrange a pre-construction meeting with WDFW and key project personnel to discuss the work plan and key project elements including dewatering plans, cofferdam installation and equipment access routes.

b. The permittee must arrange a discussion and update with WDFW on work planned for the project for the upcoming year prior to start of work for the year and a summary of work completed in the previous year.

7. COPIES OF PLANS AND SCHEDULES TO BE PROVIDED TO WDFW

a. Contractor’s baseline work schedule.

b. Water Quality Plans. a) Temporary Erosion and Sediment Control plan, b) Water Quality Monitoring and Protection Plan

c. A fish salvage plan must be developed and finalized before fish salvage commences. WDFW must be sent a copy at least two weeks before activity is scheduled to commence and allowed to provide comments on the plan.

d. Reclamation must submit any copies of progress reports and compliance monitoring reports pertaining to protection of fish life to WDFW Habitat Biologist.

e. Reclamation must submit to WDFW a copy of the report of fish ladder functionality to demonstrate that the structures are safely passing fish as designed.

ENVIRONMENTAL COMPLIANCE INSPECTION AND REPORTING

8. Reclamation must provide a qualified “Environmental Compliance Inspector” for this project. The Environmental Compliance Inspector must be knowledgeable about fishes, wetlands and the environment of Clear Lake and the surrounding uplands and aquatic habitats, and knowledgeable of construction practices. This inspector must be on site on a regular basis to monitor work and ensure compliance with environmental protection requirements of the HPA provisions. The inspector must be present during all activities of special concern identified in the approved Plan of Work and pre-construction meeting (e.g. dewatering of areas where fish may be present and fish salvage, pouring of concrete during underwater for concrete placement).

STAGING, JOB SITE ACCESS, AND EQUIPMENT

9. Prior to arrival on site, all equipment and gear must be pressure washed or steam cleaned to be free of accumulations of earth and petroleum products and free of invasive aquatic organisms and noxious weeds. Care must be taken to ensure that all areas of equipment that may harbor invasive aquatic organisms (such as zebra mussels, quagga mussels, etc.) are thoroughly cleaned prior to arriving onsite. You can find additional information in the Washington Department of Fish and Wildlife's Invasive Species Management Protocols (November 2012), available online at http://wdfw.wa.gov/publications/01490/wdfw01490.pdf.

10. All equipment working within the ordinary high-water mark must use a biodegradable, non-toxic hydraulic fluid meeting the toxicity requirements of the U. S. Environmental Protection Agency and the U.S. Fish and Wildlife Service in the hydraulic systems.

11. Equipment must be maintained in good working condition and inspected daily to ensure that fuel, lubricants, hydraulic fluid and other materials harmful to fish or other aquatic life are not leaked or spilled to the beds, banks or shorelines.

CONSTRUCTION-RELATED SEDIMENT, EROSION AND POLLUTION CONTAINMENT

HYDRAULIC PROJECT APPROVAL

Washington Department of Fish & Wildlife

PO Box 43234

Olympia, WA 98504-3234

(360) 902-2200

Permit Number: 2024-3-42+02

FPA/Public Notice Number: N/A

Application ID: 35131

12. Equipment must be stored, serviced and parked at end of the workday at locations at least 150 feet from the lakebed, streams or wetlands. Secondary containment measures must be used whenever slope or site conditions could direct spills of fuel, lubricants, hydraulic fluid or other harmful materials to the stream.

13. Equipment operators must have immediate access to spill containment materials and must operate according to appropriate spill prevention and control plan.

14. Washing of equipment, vehicles, tools, etc. must be done at locations where wash water will not be discharged to the lakebed, streams or wetlands.

15. 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

16. 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.

17. 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.

FISH PASSAGE IMPROVEMENT

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

19. Fish ladders must maintain enough water available at all stream flows to pass fish safely and efficiently through the fish ladder.

20. Inspect the fish ladder for proper function at the frequency detailed in the Final Environmental Assessment (weekly). Place wood and sediment retrieved during inspection and maintenance downstream of the fish ladder.

21. A person operating or maintaining the fish ladder must take corrective actions or notify the Washington Department of Fish and Wildlife if maintenance issues arise.

22. Shutdown of the fish ladder during high flows if the flow exceeds the fish passage design flow. The fish ladder must not be inoperable due to high flows for longer than seven days during the migration period for the target fish species.

This provision applies to locations where the shutdown will not cause flooding or damage to structures, other structures of value or property.

WATER WITHDRAWAL FROM CLEAR LAKE FOR PROJET CONSTRUCTION

23. Water for project construction purposes may be withdrawn from water of the state by using a pump with an appropriately sized fish screen on the intake.

BUILDING AND REMOVAL OF THE COFFERDAM

24. The cofferdam must be constructed using clean inert materials. Cofferdams may be constructed using some combination of water bladders, large rock, concrete blocks, or “super sacks” that are loaded with washed or screened rock (not more than 10% fines) in combination with plastic sheeting or some similar aprons to seal the coffer mechanism. Coffers may also be constructed using rounded cobbles and gravels directly end-dumped into the stream PROVIDED they are “washed or screened” to contain no more than 10% fines < than 1mm diameter, and not more than 10% exceeding 3” diameter.

SITE RESTORATION

25. At end of construction, temporary run-off and erosion control measures must be implemented as needed throughout the project area to prevent discharge of fine sediment, sediment-laden water, and earth to waters of Clear

HYDRAULIC PROJECT APPROVAL

Washington Department of Fish & Wildlife

PO Box 43234

Olympia, WA 98504-3234

(360) 902-2200

Permit Number: 2024-3-42+02

FPA/Public Notice Number: N/A

Application ID: 35131

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.

LOCATION #1: Site Name: Clear Lake, North Fork Tieton River , Naches, WA

WORK START: July 23, 2024 WORK END: July 18, 2029

WRIA Waterbody: Tributary to:

38 - Naches Tieton River North Fork (rb) Naches River

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

11 13 N 12 E 46.628171 -121.271100 Yakima

Location #1 Driving Directions

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.

Lake, and North Fork Tieton and/or wetlands associated with the lake or creek.

26. At the completion of the project, all earth areas created as a result of project activities adjacent to the watercourse which have been exposed or disturbed by this project are to be graded to a stable grade, seeded with a native seed mix, and protected from erosion with a biodegradable erosion control blanket, hydro-mulch with bonding agent, weed free straw or other effective biodegradable BMPs. Erosion protection must be capable of protecting soil from fall rains and spring runoff flows typical for this site.

27. All disturbed lakebed and shoreline areas within the ordinary high-water mark of Clear Lake and North Fork Tieton must be re-contoured to original grade, unless an alternate restoration/grading plan is specifically approved by WDFW.

Grading must ensure that there are no berms, ruts, depressions or pockets that will become traps for fish as lake levels fluctuate during the annual reservoir cycle.

28. If native woody plants are removed as part of construction, plants must be replanted as part of site restoration.

Revegetation must occur in a manner that reflects undisturbed native species diversity, density, and locations found at or near the site. Plants adapted to streambanks must be planted along the banks in disturbed areas. Native conifers may be planted in the more upland areas. Plants must be established immediately above the ordinary high-water mark, spaced at a maximum interval of three (3) feet (on center) and monitored, irrigated, and maintained as necessary for three (3) years to ensure 80 percent survival. Live pole cuttings, nursery stock or transplants may be used.

29. After construction, during the filling of Clear Lake, downstream in-stream flows must be maintained to be adequate for incubation and hatching of salmonids and preservation of fish life.

HYDRAULIC PROJECT APPROVAL

Washington Department of Fish & Wildlife

PO Box 43234

Olympia, WA 98504-3234

(360) 902-2200

Permit Number: 2024-3-42+02

FPA/Public Notice Number: N/A

Application ID: 35131

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.

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.

HYDRAULIC PROJECT APPROVAL

Washington Department of Fish & Wildlife

PO Box 43234

Olympia, WA 98504-3234

(360) 902-2200

Permit Number: 2024-3-42+02

FPA/Public Notice Number: N/A

Application ID: 35131

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.

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: 2024-3-42+02

FPA/Public Notice Number: N/A

Application ID: 35131

Habitat Biologist J.Shah@dfw.wa.gov for Director

WDFWJanell Shah 509-952-8147

HYDRAULIC PROJECT APPROVAL

Washington Department of Fish & Wildlife

PO Box 43234

Olympia, WA 98504-3234

(360) 902-2200

Permit Number: 2024-3-42+02

FPA/Public Notice Number: N/A

Application ID: 35131