J_3_Permits-743_pages.pdf

October 2022

ERRATA

Notes regarding the Kachess Safety of Dams Project Environmental Assessment

After preparation and publication of the Kachess Dam Safety of Dams Modification Project final environmental assessment, the Bureau of Reclamation found an error in the final EA. This error was found after the final EA and finding of no significant impact was completed; the error is corrected here in this online PDF format. The change noted below remains consistent with existing explanations and analyses elsewhere in the document.

In Chapter 3 under the cumulative effects analysis, the text references Figure 3-1, Cumulative Effects in the project area. During the public comment period, a commenter requested that the figure include the locations of the wetland, standing pond, and side channel streams and that the EA discuss impacts or how impacts will be avoided. The map should have been updated to include these features. It has been updated now to include those requested features, as shown here and in Appendix A of the EA.

Ki tt i tas County

Lake Easton

K a c h e s s R e s e r v o i r

Upstream Down-stream

Di rec tio n o f f low

Kachess River

Access road

Figure 3-1 Cumulative Effects

Source: Reclamation GIS 2021 Map production: U.S. Department of the Interior, Bureau of Reclamation, Columbia Cascades Area Office Date: April 14, 2022 Disclaimer: This map is intended for informational purposes only. Geographic features may have been compiled at varying scales and for different purposes. No representation is made as to the accuracy of this graphic.

0 500 1,000 Feet

Existing permanent infrastructure, no structural or operational changes

Dam Spillway Operation and maintenance area Access road

Proposed permanent infrastructure Fish passable culvert Electric building Access road Outlet works Operation and maintenance area Stability berm

Buried belowground electric line (location shared with existing access road) Kachess Drought Relief Pumping Plant potential proposed project area Open water Wetland

Project area

A-6 Kachess Safety of Dams Final Environmental Assessment

PERMITTEE AUTHORIZED AGENT OR CONTRACTOR

Bureau of Reclamation, Columbia-Cascades Area Office

ATTENTION: Keenan Arnold

1917 Marsh Rd.

Yakima, WA 98901

Project Name: Kachess Dam Safety of Dams (SOD) Modification Project

Project Description: Reclamation identified seepage and internal erosion issues through the Kachess Dam embankment along the outlet works conduit, which conveys water from the reservoir to the Kachess River downstream. Reclamation is proposing to rectify the issue by:

• Constructing an access road and installing a box culvert

• Improving the outfall structure, including the following activities:

o Extending and lining the conduit o Installing a diaphragm filter around the conduit o Constructing a stability berm on top of the filter

• Installing an auxiliary drain below the outlet channel

• Removing a weir and improving the tributary channel to the Kachess River

• Revegetating after construction activities

The purpose of and need for the proposed project include:

1. Implementing cost-effective measures to reduce risks, per Reclamation’s Public Protection Guidelines

2. Maintaining water deliveries to irrigation districts, tribes, and others throughout the Yakima River Basin

3. Minimizing impacts on the environment

4. Maintaining water flows for endangered species As part of its SOD program mission, Reclamation is committed to ensuring its dams do not present unacceptable risk levels to people, property, and the environment. These requirements result in a need for Reclamation to implement corrective action to bring static and hydrologic risks at Kachess Dam below public protection guidelines, while minimizing impacts on the environment.

PROVISIONS

1. TIMING LIMITATIONS

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 the Kachess River and impacts to fish species in this reach. In-water work periods and dewatering periods must be consistent with the final dewatering plan.

GENERAL

2. 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, HYDRAULIC PROJECT APPROVAL

Washington Department of Fish & Wildlife

PO Box 43234

Olympia, WA 98504-3234

(360) 902-2200

Permit Number: 2022-3-63+01

FPA/Public Notice Number: N/A

Application ID: 30068

Project End Date: July 31, 2026

Issued Date: December 20, 2022 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.

REQUIRED MEETINGS

3. 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, construction sequencing and equipment access routes, see Provision #4 for contact information.

REQUIRED NOTIFICATIONS

4. The permittee or contractor must notify the Department field office by phone (509) 607-3578 or email scott.downes@dfw.wa.gov at least 72 hours prior to starting work on this project each year. Notification must also be provided prior to starting work which requires dewatering of areas where fish may be present, or where work requires relocating or capturing fish. Leave a message for Habitat Biologist Scott Downes. The notification must include the permittee's name, project location, starting date for work, and the control number for this Hydraulic Project Approval.

COPIES OF PLANS AND SCHEDULES TO BE PROVIDED TO WDFW

5. Construction Plans & Specifications: Prior to starting work on each stage/phase of the project, Reclamation must submit construction plans and specifications, as provided from the contractor to Reclamation, to WDFW for review and comment, specifically:

a. Contractor’s Work Schedule and Plan of Work

b. Final Dewatering Plan. Given the complex nature of fish salvage, a fish salvage plan must be developed and finalized before fish salvage commences. WDFW must be sent a copy and allowed to provide comments on the plan.

c. Water Quality Plans. a) Temporary Erosion and Sediment Control plan, b) Spill Prevention Control and Countermeasure plan, c) Water Quality Monitoring and Protection Plan, and d) Construction NPDES 402 Permit and

SWPPP.

d. Final Restoration and Revegetation Plan.

ENVIRONMENTAL COMPLIANCE INSPECTION AND REPORTING

6. 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 Lake Kachess, Kachess River, and be 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 contract and 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).

7. Reclamation must monitor and ensure contractor compliance with HPA provisions. If work occurs in violation of permit provisions, Reclamation must immediately stop work on the particular task or project section until the problem is corrected. Reclamation must promptly notify WDFW of any non-compliance with provisions and the actions taken to address the problem.

STAKING, MARKING AND REQUIRED SALVAGE OF TREES AND SHRUBS

8. The project construction limits and clearing limits must be clearly marked/staked prior to any clearing or ground disturbing activity. Sensitive areas (such as wetlands, and habitat features to be protected from disturbance) and materials identified for salvage (e.g. trees, wetland soils, etc.) must be delineated/marked to be clearly visible to equipment operators.

9. Trees (>6” dbh) which must be removed to construct this project must be salvaged for use on site as materials for final site restoration plans or stockpiled for use elsewhere in the Yakima watershed to restore shoreline habitat usable by native fish. Trees for salvage must be identified in consultation with WDFW. Shrubs within the footprint may be

HYDRAULIC PROJECT APPROVAL

Washington Department of Fish & Wildlife

PO Box 43234

Olympia, WA 98504-3234

(360) 902-2200

Permit Number: 2022-3-63+01

FPA/Public Notice Number: N/A

Application ID: 30068 salvaged to use as part of restoration plans.

EQUIPMENT LIMITATIONS

10. All work must be constructed in isolation from the waters of Kachess River and Kachess Reservoir. Equipment must work “in the dry”, so that construction must only happen in the work area when the water level of the reservoir is sufficiently below the work area or the work area is coffered off from the Kachess River, to not allow any discharge of material into the waters of Lake Kachess or Kachess River.

11. 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. Any modifications to this provision must be discussed with WDFW prior to work. Note contact information in provision 4.

12. Disturbance of the creek channel, banks, and shoreline vegetation must be limited to the minimum necessary to construct the project.

13. 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.

14. Equipment must be stored, serviced, and parked at the 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 or the 150-foot distance is not feasible.

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

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

17. 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.

FISH KILL/ WATER QUALITY PROBLEM NOTIFICATION

18. If at any time, because of project activities, fish are observed in distress, a fish kill occurs, or water quality problems develop (including equipment leaks or spills), immediate notification must be made to the Washington Military Department’s Emergency Management Division at 1- 800-258-5990, Washington Department of Ecology at 1-800-424- 8802, and to Scott Downes, Area Habitat Biologist, 509-607-3578.

TEMPORARY BYPASS OF STREAM FLOW

19. A temporary flow bypass or cofferdam must be installed prior to initiating work in the channel. The flow bypass must effectively isolate the work area from the flowing water and pass all stream flow to the channel immediately downstream of the work area. The bypass must be only long as necessary to isolate the work and prevent seepage or backwatering of the work area. The bypass may include a temporary pump bypass system, temporary culvert, flume or temporary channel. The bypass must be of sufficient size to pass flows and debris likely to occur during the period of

HYDRAULIC PROJECT APPROVAL

Washington Department of Fish & Wildlife

PO Box 43234

Olympia, WA 98504-3234

(360) 902-2200

Permit Number: 2022-3-63+01

FPA/Public Notice Number: N/A

Application ID: 30068 in-channel work and must be made of clean materials.

20. A diversion dam (coffer dam) must be made of clean materials such as sandbags, precast concrete ecology blocks, plastic sheeting, sheet piles, washed gravels, water dams, etc.. If necessary, to prevent backwater from entering the work area and to trap turbid water, an equivalent, clean structure must be installed at the downstream end of the isolation area. There must be no in-water use of earth or clay.

21. Diversion of flow through the bypass, work site isolation must be done incrementally to allow safe capture and removal of any fish remaining in the work area. Any fish trapped inside of the work area after the flow has been diverted must be captured and released unharmed at designated sites listed in the dewatering plan of the project. Fish removal must be as per the dewatering plan produced by Reclamation. WDFW is willing to assist in fish salvage with enough advance notice for staff planning.

22. Gravity bypass channels may be used but must be lined with heavy duty or reinforced plastic sheeting with sandbag, rock check structures (or equivalent) for stability. Alternatively, a pipe or other clean materials may be used for the temporary stream bypass.

23. Upon completion of the project, the temporary bypass must be removed incrementally to prevent dewatering of the channel below the project. Once the new channel is fully wetted, the remaining flow can be gradually diverted into the new channel. Any fish stranded in the temporary bypass channel must be safely relocated to the flowing stream.

24. The diversion/coffer dam(s) must be removed, and all remaining materials used for the temporary bypass and diversion structures (other than washed gravel or specified stream gravel) must be removed from the channel and disposed of offsite.

25. If a pump is used, the inlet must be screened to prevent entrainment of fish. (For WDFW/NMFS screening criteria, refer to the publication entitled Anadromous Salmonid Passage Facility Design by the National Marine Fisheries Service, Northwest Region, Portland, Oregon, 2022. A copy is available at Internet Link:

https://media.fisheries.noaa.gov/2022-08/anadromous-salmonid-passage-design-manual-2022.pdf).

26. Pumped bypass facilities must have emergency backup pumps onsite and must be monitored 24 hours a day throughout the time they’re used. A diffuser must be placed at the outlet to prevent scour of the bed.

27. Pump screen maintenance must be adequate to prevent injury or entrapment of juvenile fish. The screen must be serviced and maintained consistent with the manufacturer’s directions to ensure operation within the fish screening criteria.

WASTEWATER MANAGEMENT

28. Wastewater containing mud, silt or materials (e.g. bentonite, raw concrete, etc.) harmful to aquatic life must be either pumped to tanks and hauled to approved disposal site(s) or, where appropriate, pumped to upland areas or specifically authorized locations for treatment and disposal. No harmful material (e.g. raw concrete, petroleum products, toxic chemicals, etc.) can enter state waters or associated wetlands. Washing of equipment, concrete trucks, chutes, tools, etc. must be done at locations where wash water will not be discharged to the stream or wetlands.

29. During initial dewatering of the work areas, turbid water must be pumped to an upland area for either disposal by infiltration to the ground, or adequate filtration prior to re-entry to the stream. If site conditions preclude infiltration, Best Management Practices (BMPs) must be installed to ensure fines settle out and the water is clean before it re-enters the stream. Subsequent pumping to remove water infiltrating through the stream gravels may be discharged directly to the stream below the coffer mechanism provided that: a) a perforated sump chamber is installed away from the main work area to intercept the inflow, b) waste water containing raw concrete or other harmful materials is not reaching the sump

HYDRAULIC PROJECT APPROVAL

Washington Department of Fish & Wildlife

PO Box 43234

Olympia, WA 98504-3234

(360) 902-2200

Permit Number: 2022-3-63+01

FPA/Public Notice Number: N/A

Application ID: 30068 chamber, c) water being pumped from the sump is clear (no suspended solids or turbidity), and d) state water quality standards (not greater than 5 NTU over background) are achieved. Lines discharging water to the stream must be oriented appropriately or equipped with a diffusing device to prevent the scouring of fine sediments from the bank or bed.

30. During applications of shotcrete and construction of concrete structures, adequate containment must be provided to prevent discharge of earth, raw concrete, grout, chemicals or other harmful material to the bed and the waters of the lake and river. During pouring of concrete or installing grout, the structures must be draped and/or forms must be sealed to prevent leakage of raw cement, other harmful materials, or leakage of water contaminated with such materials to the bed or waters of the lake or river. Concrete or grout must be sufficiently cured prior to allowing contact with the water of the lake or river to avoid leaching of materials harmful to fish. (Note that raw concrete is toxic to fish and other aquatic life.)

31. Concrete structures must be cured sufficiently to prevent leaching of chemicals harmful to fish or aquatic life prior to removal of containment measures and allowing contact with surface waters.

CULVERT DESIGN & CONSTRUCTION

32. Culvert foundation must be placed below scour depth and channel grading must occur in such a manner as to limit scour near the culvert footings.

33. The authorized culverts are a stream simulation design.

34. The width of the channel-bed inside a stream simulation culvert at the elevation of the stream bed must be equal to or greater than 1.2 times the average channel bed width plus two feet. For the following culvert that results in a minimum width for the culvert of 10 feet.

35. Countersink the stream simulation culverts a minimum of thirty percent and a maximum of fifty percent of the culvert rise, but not less than two feet. This criterion applies through the full length of the culvert.

36. Establish the culvert invert elevation with reference point(s) or benchmark(s) created before starting work on this project. Clearly mark and preserve the reference point(s) for post-project compliance. Before backfilling, confirm the invert elevation, as stated on the plans, relative to the reference points with at least a construction-grade leveling device (such as an optical auto-level or laser level).

CHANNEL RECONSTRUCTION

37. Reconstructed sections of the stream channel must be designed and constructed as per the final plans. The new channel bed segments must be constructed with a designed, well-graded mix of cobbles, gravels, sand and fines.

Material conserved from channel excavation may be used to the extent it is suitable and meets the specifications. The bed must contain sufficient sand and fines (10% minimum fines) to ensure that low stream flows will not percolate through the streambed instead of flowing across the surface of the bed. The streambed material must be installed in lifts. During installation of each lift, gravel and fines must be worked into the voids between the large rocks to control permeability of the streambed and ensure stream flow remains on the surface of the bed.

38. To ensure that low flows are not dispersed across the entire channel width, the streambed must slope to the center of the channel and a narrow thalweg must be defined in the streambed to concentrate low flows and provide for fish passage. The thalweg must meander throughout the project area.

39. After the streambed material has been installed to its final configuration, the bed must be washed with water to leave a clean, natural-like streambed surface and wash fine materials down into the voids between the larger bed material and reduce permeability of the bed. Wastewater from this washing must be captured and pumped to an upland

HYDRAULIC PROJECT APPROVAL

Washington Department of Fish & Wildlife

PO Box 43234

Olympia, WA 98504-3234

(360) 902-2200

Permit Number: 2022-3-63+01

FPA/Public Notice Number: N/A

Application ID: 30068

APPLY TO ALL HYDRAULIC PROJECT APPROVALS

LOCATION #1: , Easton, WA 98925

WORK START: WORK END: July 31, 2026

WRIA Waterbody: Tributary to:

39 - Yakima (Above Naches R) Little Creek Yakima River

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

SW 1/4 34 21 N 13 E 47.263667 -121.205463 Kittitas

Location #1 Driving Directions area for disposal.

40. Restoration of the channel must be performed under the direct supervision of personnel with expertise in stream habitat restoration. Work must be as directed by the project engineer in consultation with WDFW.

41. Placement of Large Woody Material in the stream must be according to specifications in Final Design Plans. Any modifications to those plans regarding wood placement must be discussed with WDFW prior to placement. Note contact information in provision 4.

42. Streambed grade control structure as shown in the plans must be built to ensure fish passage.

43. At the downstream tie-in between the unnamed creek and Kachess River, hand tools must be used to improve the open stream connection between the creek and Kachess River.

SITE RESTORATION

44. At end of each construction season, 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 Lake Kachess, Kachess River and/or wetlands associated with the lake or river.

45. At the completion of each project element, all earth areas 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.

46. Native plant restoration must be consistent with the approved revegetation plan. WDFW must be sent copies of the monitoring reports for revegetation success.

HYDRAULIC PROJECT APPROVAL

Washington Department of Fish & Wildlife

PO Box 43234

Olympia, WA 98504-3234

(360) 902-2200

Permit Number: 2022-3-63+01

FPA/Public Notice Number: N/A

Application ID: 30068

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.

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.

HYDRAULIC PROJECT APPROVAL

Washington Department of Fish & Wildlife

PO Box 43234

Olympia, WA 98504-3234

(360) 902-2200

Permit Number: 2022-3-63+01

FPA/Public Notice Number: N/A

Application ID: 30068

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.

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.

HYDRAULIC PROJECT APPROVAL

Washington Department of Fish & Wildlife

PO Box 43234

Olympia, WA 98504-3234

(360) 902-2200

Permit Number: 2022-3-63+01

FPA/Public Notice Number: N/A

Application ID: 30068

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 Scott.Downes@dfw.wa.gov for Director

WDFWScott Downes 509-457-9307

HYDRAULIC PROJECT APPROVAL

Washington Department of Fish & Wildlife

PO Box 43234

Olympia, WA 98504-3234

(360) 902-2200

Permit Number: 2022-3-63+01

FPA/Public Notice Number: N/A

Application ID: 30068

Kachess Dam Safety of Dams

Modification Project

Final Environmental Assessment

US Department of the Interior

Bureau of Reclamation

Columbia-Pacific Northwest Regional Office

1150 N. Curtis Road

Boise, ID 83706 September 2022

Mission Statements

The Department of the Interior protects and manages the Nation's natural resources and cultural heritage; provides scientific and other information about those resources; and honors its trust responsibilities or special commitments to American Indians, Alaska Natives, and affiliated island communities.

The mission of the Bureau of Reclamation is to manage, develop, and protect water and related resources in an environmentally and economically sound manner in the interest of the American public.

Kachess Dam Safety of Dams Modification Project

Final Environmental Assessment

Proposed action: Reclamation is proposing to reduce the risk of dam failure by performing the following improvements: constructing an access road, preparing the site, developing staging areas to support construction and long-term maintenance, extending and lining the conduit, installing a diaphragm filter around the conduit and a stability berm on top of the filter, and installing an auxiliary drain below the outlet channel. Temporary disturbance during construction would include approximately 11 acres of surface disturbance.

Permanent disturbance would include approximately 4 acres of permanent surface disturbance.

Lead agency: Bureau of Reclamation, Columbia-Pacific Northwest Region 9, Columbia-

Cascades Area Office

Responsible official: Area Manager, Bureau of Reclamation, Columbia-Pacific Northwest

Region 9, Columbia-Cascades Area Office

Coordinating agencies: United States Army Corps of Engineers United States Fish and Wildlife Service Washington Department of Ecology

For further information, contact: Candace McKinley

Environmental Program Manager Bureau of Reclamation, Columbia-Cascades Area Office 1917 Marsh Rd.

Yakima, WA 98901 cmckinley@usbr.gov

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Kachess Safety of Dams Final Environmental Assessment i

Table of Contents Chapter Page

CHAPTER 1. PURPOSE OF AND NEED FOR ACTION

1.1 Introduction

1.2 Project Background

1.3 Purpose and Need

1.4 Authorities

1.5 Regulatory Compliance

1.6 Public Involvement

1.7 Issues Addressed in this EA

1.8 Document Organization

1.9 Summary of Changes between the Draft and Final EA

1.9.1 General Changes

1.9.2 Chapter 1 Changes

1.9.3 Chapter 2 Changes

1.9.4 Chapter 3 Changes

1.9.5 Chapter 4 Changes

CHAPTER 2. PROPOSED ACTION AND ALTERNATIVES

2.1 Introduction

2.2 Alternatives Development Process

2.3 Description of the Alternatives

2.3.1 Alternative A—No Action

2.3.2 Alternative B—Proposed Action

2.4 Alternatives and Alternative Elements Considered but Eliminated from Detailed Study

2.4.1 Stand-alone Alternatives Considered but Eliminated from Detailed

Study

2.4.2 Partial Alternatives Considered but Eliminated from Detailed Study

2.5 Summary Comparison of Impacts

2.6 Selection of a Preferred Alternative

CHAPTER 3. AFFECTED ENVIRONMENT AND ENVIRONMENTAL CONSEQUENCES

3.1 Introduction

3.1.1 Analytical Effects

3.1.2 Cumulative Effects

3.2 Resource Topics Analyzed

3.3 Air Resources

3.3.1 Analysis Area

3.3.2 Affected Environment

3.3.3 Environmental Consequences

3.4 Water Resources

3.4.1 Analysis Area

ii Kachess Safety of Dams Final Environmental Assessment

3.4.2 Affected Environment

3.4.3 Environmental Consequences

3.5 Geology and Soil Resources

3.5.1 Analysis Area

3.5.2 Affected Environment

3.5.3 Environmental Consequences

3.6 Biological Resources

3.6.1 Analysis Area

3.6.2 Indicators and Assumptions

3.6.3 Affected Environment

3.6.4 Environmental Consequences

3.7 Noise and Vibration

3.7.1 Analysis Area

3.7.2 Affected Environment

3.7.3 Environmental Consequences

3.8 Transportation and Traffic

3.8.1 Analysis Area

3.8.2 Affected Environment

3.8.3 Environmental Consequences

3.9 Cultural Resources

3.9.1 Analysis Area

3.9.2 Affected Environment

3.9.3 Environmental Consequences

3.10 Socioeconomic Resources

3.10.1 Analysis Area

3.10.2 Affected Environment

3.10.3 Environmental Consequences

CHAPTER 4. CONSULTATION AND COORDINATION

4.1 Introduction

4.2 Consultation and Coordination

4.2.1 Participating Agencies

4.2.2 Government-to-Government Consultation

4.2.3 State and Tribal Historic Preservation Office Consultation

4.2.4 Consultation with the NMFS and USFWS

4.2.5 USACE

4.3 Public Collaboration and Outreach

4.3.1 Scoping Process

4.3.2 Draft EA Distribution

4.3.3 Draft EA Comment Period

4.4 Preparers and Contributors

CHAPTER 5. REFERENCES

CHAPTER 6. GLOSSARY

Kachess Safety of Dams Final Environmental Assessment iii

Tables Page

Table 2-1. Summary Comparison of Impacts Table 3-1. Summary of the Potential Effects from Actions in the Analysis Area Table 3-2. Determination and Rationale for Detailed Analysis by Resource Topic Table 3-3. Key Soil Attributes in the Kachess Dam Project Area Table 3-4. LOS Descriptions Table 3-5. Quantified Damage (millions) Table 4-1. Participating Agency Meetings Table 4-2. Draft EA Distribution List Table 4-3. List of Preparers

Appendixes

Appendix A. Figures Appendix B. Resource Reports Appendix C. Public Comment Matrix iv Kachess Safety of Dams Final Environmental Assessment

Kachess Safety of Dams Final Environmental Assessment v

Acronyms and Abbreviations Full Phrase

°C degrees Celsius °F degrees Fahrenheit

ACHP Advisory Council on Historic Preservation Act the Reclamation Safety of Dams Act of 1978 af acre-feet APE area of potential effect

BA biological assessment BMP best management practice

CEQ Council on Environmental Quality CFR Code of Federal Regulations cfs cubic feet per second CO2e carbon dioxide equivalents Colville Tribe Confederated Tribes of the Colville Reservation CWA Clean Water Act of 1972 cy cubic yards

DAHP Washington Department of Archaeology and Historic Preservation DNR Department of Natural Resources DOI Department of the Interior DSPR Dam Safety Priority Rating

EA environmental assessment Ecology Washington State Department of Ecology EO executive order EPA Environmental Protection Agency ESA Endangered Species Act of 1973

HPA Hydraulic Project Approval

KDRPP Kachess Drought Relief Pumping Plant

ITA Indian Trust Asset

LOS level of service mg/L milligrams per liter

NEPA National Environmental Policy Act of 1969 NFS National Forest System NHPA National Historic Preservation Act of 1966 NMFS/NOAA National Marine Fisheries Service NRHP National Register of Historic Places

Acronyms and Abbreviations vi Kachess Safety of Dams Final Environmental Assessment

PL public law

Reclamation United States Bureau of Reclamation

SOD Safety of Dams SWPPP stormwater pollution prevention plan

US United States USACE US Army Corps of Engineers USFS US Forest Service USFWS US Fish and Wildlife Service

VPM virtual public meeting

WDFW Washington Department of Fish and Wildlife WSDOT Washington State Department of Transportation

Yakama Nation Confederated Tribes and Bands of the Yakama Nation

Kachess Safety of Dams Final Environmental Assessment 1

Chapter 1. Purpose of and Need for Action

1.1 Introduction

The United States (US) Bureau of Reclamation (Reclamation) prepared this Kachess Safety of Dams

(SOD) Modification Project, Environmental Assessment (EA) to assess the potential consequences of a proposed modification to Kachess Dam and its appurtenant spillways in the Yakima River basin in west‐central Washington.

Reclamation is proposing to modify the dam by extending and lining the conduit, installing a diaphragm filter around the conduit and a stability berm on top of the filter, and installing an auxiliary drain below the outlet channel. Reclamation will also construct an access road and develop staging and construction areas in the course of modifying the dam. Additional details and a description of the Proposed Action can be found in Chapter 2, Proposed Action and Alternatives.

Chapter 2 also describes other alternatives that Reclamation considered but eliminated from further study based on risk reductions, constructability reviews, environmental impacts, and economic costs.

This EA has been prepared in compliance with the National Environmental Policy Act of 1969

(NEPA) and Reclamation procedures. It is intended to serve environmental review and consultation requirements pursuant to Executive Order (EO) 11988 (Floodplain Management), EO 11990

(Wetlands Protection), EO 12898 (Environmental Justice), Section 106 of the National Historic

Preservation Act of 1966 (NHPA), Section 7 of the Endangered Species Act of 1973 (ESA), and

Department of the Interior (DOI) and Reclamation Indian Trust Asset (ITA) policies.

1.2 Project Background

Kachess Dam, located about 14 miles northwest of Cle Elum, Washington, was constructed between 1910 and 1912. The dam was completed in 1912 to increase the storage capacity in an existing natural lake (see Figure 1-1, Project Area, in Appendix A). Along with Keechelus Dam to the west and Cle Elum Dam to the east, Kachess Dam forms one of the upper basin storage reservoirs of the Yakima Project. The 115-foot-high, 1,400-foot-long, earth-filled Kachess Dam created a reservoir with an actively managed capacity of 239,000 acre-feet (af).1 The reservoir typically fills in the winter and spring and is used for irrigation and fisheries‐enhancement purposes

1 A reservoir is a managed surface water system, consistent with terminology used by Reclamation. Specifically, Reclamation defines “reservoir” as “[a] body of water impounded by a dam and in which water can be stored. Artificially impounded body of water. Any natural or artificial holding area used to store, regulate, or control water. Body of water, such as a natural or constructed lake, in which water is collected and stored for use.” Accordingly, Reclamation refers to the waterbody behind the dam as Kachess Reservoir.

1. Purpose of and Need for Action (Project Background)

2 Kachess Safety of Dams Final Environmental Assessment in the summer and fall. Reclamation owns and operates the dam; the Yakima Field Office of the

Columbia‐Cascades Area Office is the entity responsible for operations.

Reclamation has identified seepage and internal erosion issues through the dam embankment along the outlet works conduit, which conveys water from the reservoir to the Kachess River downstream.

As reservoir water levels rise, water begins to seep in the downstream end of the conduit. The seeping water begins to scour and erode the outlet works, creating voids or holes within the dam.

The eroded materials leave the conduit and are deposited into the toe drain—or the “horseshoe”2 drain—surrounding the downstream end of the conduit or into a large repository formed by continuous existing voids in the conduit.

As erosion intensifies, water continues to seep, and sinkholes appear in the downstream base of the dam. Combined with the pressure of the water in the reservoir behind the dam, these existing voids can crack or expand, further impacting the dam’s integrity. In other words, water seeping through the dam embankment and the soils surrounding the conduit carries soil materials with it and leaves behind voids, which impact the dam’s stability. This internal erosion creates a risk of potential dam failure.

As a result, Reclamation began investigating Kachess Dam to understand the extent of the safety risk it presents under the Dam Safety Priority Rating (DSPR) system, which provides a means for

Reclamation to establish the urgency of risk management activities and the relative priority of these actions within the overall inventory of dams. Kachess Dam was previously designated as a DSPR 3 facility (moderate to high priority). This category is reserved for annualized life loss risks or failure probabilities estimated to be moderate to high with generally moderate to high confidence. Based on

Reclamation’s recent investigations, the dam is now judged to be in the DSPR 2 category (urgent priority). This category is used for situations where expedited action to reduce the risk of failure may be appropriate. A timely transition into the final design process will help ensure a long-term risk reduction without delay.

With this rating change, Reclamation has determined that, although the estimated risk is high, the overall condition of the dam is good for its age with no significant adverse performance to date;

further, the responsible office does a good job of monitoring the dam and responding to any concerns in a timely manner. However, the risk of failure is comparatively high such that timely modification of the dam is necessary. The primary reason is that, while the dam is currently stable, seepage in the areas of concern is both quantifiable and predictable over the normal operating range.

The recommended interim risk reduction action is therefore focused on enhanced performance monitoring. The need for additional interim risk reduction actions will be revisited if conditions change prior to the completion of the dam safety modification.

Accordingly, to prevent eroded soils from exiting the dam, Reclamation is proposing this project at this time to filter and monitor the seepage. Reclamation’s primary project goals are to limit internal erosion and decrease the risk of dam failure with moderate certainty; its secondary project goal is to limit impacts on fish and irrigation.

2 “Horseshoe” is a design term based on the shape and configuration of the drain.

1. Purpose of and Need for Action (Purpose and Need)

Kachess Safety of Dams Final Environmental Assessment 3

1.3 Purpose and Need

The purpose of and need for the proposed project include:

1. Implementing cost-effective measures to reduce risks, per Reclamation’s Public Protection

Guidelines

2. Maintaining water deliveries to irrigation districts, tribes, and others throughout the Yakima

Basin

3. Minimizing impacts on the environment

4. Maintaining water flows for endangered species

As part of its SOD program mission, Reclamation is committed to ensuring its dams do not present unacceptable risk levels to people, property, and the environment. These requirements result in a need for Reclamation to implement corrective action to bring static and hydrologic risks at Kachess

Dam below public protection guidelines while minimizing impacts on the environment.

1.4 Authorities

In 1978, Congress passed the Reclamation SOD Act (Act; Public Law 95-578). The Act provides a means to fund the correction of safety problems at Reclamation dams, including the construction, restoration, operation, and maintenance of new or modified features at existing federal dams.

Congress amended the Act in 1984 to provide additional funding; Congress also added a clause requiring 15 percent cost sharing by authorized project beneficiaries, such as irrigation, hydropower, and municipal and industrial facilities (Public Law 98-404). The Act was further amended in 2000

(Public Law 106-377), 2002 (Public Law 107-117), 2004 (Public Law 108-439), and 2015 (Public Law

114-113) to provide additional funding authority.

Kachess Dam and Reservoir are part of Reclamation’s Yakima Project, which provides irrigation water for approximately 464,000 acres of irrigable lands in south-central Washington. Its primary purpose is for irrigation, but it also includes hydroelectric generation and the preservation and propagation of fish and wildlife.

1.5 Regulatory Compliance

Various laws, EOs, and secretarial orders apply to the Proposed Action. Compliance with their requirements is summarized below:

• NEPA, as amended, requires that the action agencies use a public disclosure process to determine whether there are any environmental impacts associated with proposed federal actions. If there are no significant environmental impacts, a finding of no significant impacts can be signed to complete the NEPA compliance.

1. Purpose of and Need for Action (Regulatory Compliance)

4 Kachess Safety of Dams Final Environmental Assessment

• The ESA, as amended, requires all federal agencies to ensure their actions do not jeopardize the continued existence of listed species, or destroy or adversely modify their critical habitat.

As part of the ESA’s Section 7 process, an agency must coordinate with the US Fish and

Wildlife Service (USFWS) and the National Marine Fisheries Service (NOAA or NMFS) on whether threatened and endangered species exist within or near the action area and evaluate impacts on the species, if present.

• The NHPA, as amended, requires federal agencies to consider the effects of their undertakings on historic properties eligible for, or listed on, the National Register of Historic

Places. Federal agencies must determine whether historic properties are in the project area, the effects of the project on those properties, and the appropriate mitigation for adverse effects.

• The Clean Water Act (CWA) of 1972 requires federal agencies to consider the impact of proposed actions on water quality, particularly potential pollution of surface waters.

• The Clean Air Act of 1970, as amended, directs federal agencies to address air quality and emissions of hazardous pollutants from proposed activities.

• The Migratory Bird Treaty Act of 1918 prohibits the take (killing, capturing, selling, trading, or transport) of protected migratory bird species without prior authorization from the USFWS.

• EO 11990 (Protection of Wetlands) requires federal agencies to avoid, to the extent possible, long- and short-term adverse impacts associated with the destruction or modification of wetlands and to avoid new construction in wetlands.

• EO 13007 (Indian Sacred Sites),3 dated May 24, 1996, instructs federal agencies to promote the accommodation of access to and protect the physical integrity of American

Indian sacred sites. An Indian tribe or an Indian individual determined to be an appropriately authoritative representative must identify a site as sacred by virtue of its established religious significance to, or ceremonial use by, an Indian religion.

• EO 12898 (Environmental Justice), dated February 11, 1994, instructs federal…