J_5_a_2020-3-56_01-Hydraulic_Project_Approval-Fish_Passage_Cle_Elum_Dam.pdf

PERMITTEE AUTHORIZED AGENT OR CONTRACTOR

Bureau of Reclamation

ATTENTION: Shannon Archuleta

1917 Marsh Rd

Yakima, WA 98901-2058

Project Name: Cle Elum Fish Passage Splitter Wall and Adult Facility

Project Description: This project includes instream construction activities related to the installation of a concrete splitter wall within the stilling basin of Cle Elum Dam, excavation of the foundation for the right bank adult fish facility located at the base of the dam, and the connection of the juvenile and adult fish passage facility infrastructure and appurtenant facilities to the wetted area of the Cle Elum River downstream of the dam. These activities will involve the installation of a temporary bypass system, a cofferdam and the dewatering of a large section of the stilling basin and Cle Elum River a short distance downstream of the dam (about 500 feet).

PROVISIONS

1. TIMING LIMITATIONS

Remaining work on the Juvenile Facility is authorized when water elevations in the reservoir bed or when an approved coffer dam is in place that will allow work to be performed in the dry.

2. The in-water construction phases of the adult passage project should occur when dewatering of the river will have the lowest impact on instream flow management of the Cle Elum River and impacts to fish species spawning in this reach, including Chinook salmon and Steelhead. Coffer dam should be installed by September 15 (before Chinook salmon arrive for fall spawning) and removed by March 30.

GENERAL

3. 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.

REQUIRED MEETINGS

4. 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, bypass construction, cofferdam installation and equipment access routes, see Provision #6 for contact information.

5. 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 each year and a summary of work completed in the previous year.

HYDRAULIC PROJECT APPROVAL

Washington Department of Fish & Wildlife

PO Box 43234

Olympia, WA 98504-3234

(360) 902-2200

Permit Number: 2020-3-56+01

FPA/Public Notice Number: N/A

Application ID: 19424

Project End Date: July 31, 2025

Issued Date: August 06, 2020

REQUIRED NOTIFICATIONS

6. 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 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

7. 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. Water Isolation Plan for Construction of the Splitter Wall. The plan must include the timing and sequence of work, the installation and removal of the temporary containment structures needed to isolate the work areas, water management in the work area, dewatering of work areas, location of settling ponds, access roads, borrow and stockpile areas, etc..

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. Given the complex nature of the 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.

8. Reclamation must submit any copies of progress reports and compliance monitoring reports pertaining to protection of fish life to WDFW, see Provision #6 for contact information.

9. Fish Passage Facility Monitoring Plan: Prior to operation of the fish passage intake structures, helix and outfall to the river, Reclamation must provide a monitoring plan to WDFW for review and approval. The monitoring plan must document how well the facility performs post-construction. The plan should confirm attraction, entrainment, velocities, turbulence and document how well safe passage is successfully achieved. It should also track operation and maintenance activities needed to keep the facility functioning successfully.

ENVIRONMENTAL COMPLIANCE INSPECTION AND REPORTING

10. 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 Cle Elum and the Cle Elum River, 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 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).

11. 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

12. 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.

13. Trees (>6” dbh) which must be removed to construct this project must be salvaged for use on site as materials for

HYDRAULIC PROJECT APPROVAL

Washington Department of Fish & Wildlife

PO Box 43234

Olympia, WA 98504-3234

(360) 902-2200

Permit Number: 2020-3-56+01

FPA/Public Notice Number: N/A

Application ID: 19424 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 salvaged to use as part of restoration plans.

EQUIPMENT LIMITATIONS

14. All work must be done in isolation from the waters of Lake Cle Elum and Cle Elum River. 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 Cle Elum River, to not allow any discharge of material into the waters of Lake Cle Elum or Cle Elum River.

15. 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.

16. 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.

17. Equipment must be stored, serviced and parked at end of the workday at locations at least 50 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.

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

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

20. 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.

WATER WITHDRAWAL FROM LAKE CLE ELUM FOR PROJECT CONSTRUCTION

21. Water for project construction purposes may be withdrawn from Lake Cle Elum by using a pump with an appropriately sized fish screen on the intake. (Note, approval from Washington Department of Ecology for water withdrawal is necessary prior to withdrawing water for construction.)

22. The pump system must be equipped with an in-line flow meter, which measures the instantaneous flow (e.g.

gallons per minute) of water withdrawn from the lake.

TEMPORARY BYPASS OF STREAM FLOW

23. A temporary flow bypass 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 in-channel work and must be made of clean materials.

HYDRAULIC PROJECT APPROVAL

Washington Department of Fish & Wildlife

PO Box 43234

Olympia, WA 98504-3234

(360) 902-2200

Permit Number: 2020-3-56+01

FPA/Public Notice Number: N/A

Application ID: 19424

24. A diversion dam (coffer dam) must be made of clean materials such as sandbags, precast concrete ecology blocks, plastic sheeting, sheet piles, 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.

25. 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 downstream of the project. Fish removal must be as per the fish salvage plan produced by Reclamation and submitted to WDFW. WDFW is willing to assist in fish salvage with enough advance notice for staff planning.

26. 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.

27. 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.

28. 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.

29. Whenever pumping occurs in water where there is a chance that fish may be present, 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, 2011: http://www.westcoast.fisheries.noaa.gov/publications/hydropower/fish_passage_design_criteria.pdf). 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.

30. 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.

TEMPORARY CONTAINMENT STRUCTURES

31. Containment structures placed or worked in water must be made of clean materials (e.g. sandbags, ecology blocks, plastic sheeting, sheet pile, rip rap, washed gravels, etc.) until the structure is closed and the work area fully contained.

Only clean materials must be allowed on the outboard side of structures. After the work area is contained, materials containing fines may be used within the contained area if necessary.

32. Removal of containment structures and cofferdams must be done in the reverse of the sequence in which they are installed. Removal must be done in a manner which minimizes the release of fine sediment to water or wetlands.

Materials used in the temporary containment structures must be removed from the site and disposed of in approved locations.

WASTEWATER MANAGEMENT

33. 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

HYDRAULIC PROJECT APPROVAL

Washington Department of Fish & Wildlife

PO Box 43234

Olympia, WA 98504-3234

(360) 902-2200

Permit Number: 2020-3-56+01

FPA/Public Notice Number: N/A

Application ID: 19424 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.

34. 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 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.

35. 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.)

36. 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.

BUILDING AND REMOVAL OF THE COFFER DAM FOR SPLITTER WALL

37. 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 8” diameter.

38. Coffers constructed of “washed or screened” cobbles or gravel to contain no more than 10% fines < than 1mm diameter, and not more than 10% exceeding 8” diameter, do not need to be removed from the streambed and may remain within streambed at the end of the project provided they are scattered with an excavator to prevent damming of the stream. If super sacks containing appropriate gravels are used as coffer, their contents may be scattered within streambed. Gravels do not need to be graded as flushing flows from the river will grade the gravels over the immediate stream reach. All other parts of coffer mechanisms or dams including bags, plastic sheeting, large rock, or blocks must be removed from the streambed with full suspension before releasing flows to the site.

39. Cofferdam removal must be done gradually, and stream bed restored to ensure that no sediment impact to downstream redds or emerging alevin occur. BMPs and plans must be reviewed by WDFW prior to removal to ensure that removal plans meet this objective.

SITE RESTORATION

40. 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 Cle Elum, the Cle Elum River and/or wetlands associated with the lake or river.

HYDRAULIC PROJECT APPROVAL

Washington Department of Fish & Wildlife

PO Box 43234

Olympia, WA 98504-3234

(360) 902-2200

Permit Number: 2020-3-56+01

FPA/Public Notice Number: N/A

Application ID: 19424

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: Cle Elum Dam

, , WA

WORK START: August 6, 2020 WORK END: July 31, 2025

WRIA Waterbody: Tributary to:

39 - Yakima (Above Naches R) Cle Elum River (lb) Yakima River

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

NE 1/4 10 20 N 14 E 47.143755 -121.040677 Kittitas

Location #1 Driving Directions

41. 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.

42. All disturbed lakebed and shoreline areas within the ordinary high-water mark of Lake Cle Elum and Cle Elum River 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.

43. 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. Small clumps of alder and willow may be salvaged from the construction area and replanted to expedite revegetation.

HYDRAULIC PROJECT APPROVAL

Washington Department of Fish & Wildlife

PO Box 43234

Olympia, WA 98504-3234

(360) 902-2200

Permit Number: 2020-3-56+01

FPA/Public Notice Number: N/A

Application ID: 19424

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: 2020-3-56+01

FPA/Public Notice Number: N/A

Application ID: 19424

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: 2020-3-56+01

FPA/Public Notice Number: N/A

Application ID: 19424

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: 2020-3-56+01

FPA/Public Notice Number: N/A

Application ID: 19424

PERMITTEE AUTHORIZED AGENT OR CONTRACTOR

Bureau of Reclamation

ATTENTION: Ryan Roberts

1917 Marsh Rd

Yakima, WA 98908

Project Name: TRANSFER 19424 - Cle Elum Fish Passage Splitter Wall and Adult Facility

Project Description: This project includes instream construction activities related to the installation of a concrete splitter wall within the stilling basin of Cle Elum Dam, excavation of the foundation for the right bank adult fish facility located at the base of the dam, and the connection of the juvenile and adult fish passage facility infrastructure and appurtenant facilities to the wetted area of the Cle Elum River downstream of the dam. These activities will involve the installation of a temporary bypass system, a cofferdam and the dewatering of a large section of the stilling basin and Cle Elum River a short distance downstream of the dam (about 500 feet).

Modification:

Reclamation plans to relocate one of the two shore anchors previously permitted. The east shore anchor, nearest the Clem Elum Dam, would be moved, waterward, along the Buoy 2 boom line. At this time, the distance it would be moved is estimated to be 11 to 20 feet. The anchor needs to move because the current location interferes with operation and maintenance of the Cle Elum Dam, as it poses a safety risk to staff accessing the dam with truck and trailer, and other equipment. Relocating the east shore anchor would involve short term ground disturbance for construction. Limited ground disturbance may occur at lower pool elevations because the boom line that will be attached to the east shoreline anchor may sag and rub against the shoreline. There is no anticipated change to Buoy 2 or 1 because of relocating the east shoreline anchor. The current locations of the shoreline anchors and the drawing from the specification package is also included for reference (below, and in attachments).

During the submittal process, it was brought to Reclamation’s attention that the boom specified did not meet the needs of facility operators. Upon evaluation of the boom requested in the specification, it was determined that the style of boom specified would not guide or exclude debris from the fish passage structure or the dam. While the boom would suffice as a demarcation boom, the diameter specified was too small to prevent any debris in Cle Elum Lake from overtopping the boom. In addition, it was brought to our attention that without a debris skirt below the boom, the force of wind and waves would allow debris to pass under the boom. It was also noted that the drawings did not provide boat access within the boom (no boom gate) for Reclamation staff to access the internal area to inspect the boom and remove accumulated debris.

Therefore, Reclamation is proposing to enhance the current design by using a different size and design of debris boom; one which will better balance the needs of debris exclusion at Cle Elum Dam with the new collection facility, providing downstream fish guidance efficiency, reduce dam maintenance and operations cost, and increase dam safety, and increase fish passage efficiency.

HYDRAULIC PROJECT APPROVAL

Washington Department of Fish & Wildlife

PO Box 43234

Olympia, WA 98504-3234

(360) 902-2200

Permit Number: 2023-3-9+01

FPA/Public Notice Number: N/A

Application ID: 31186

Issued Date: March 22, 2023

We are suggesting a 24 inch diameter boom with a 4 foot deep debris skirt and a debris overtopping guard (as shown in figure below) to provide enhanced debris guidance or exclusion, enhanced visibility, enhanced dam safety benefits and enhanced suitability for effects of wind and wave action, all while assisting with fish passage efficiency. The recommended four foot deep debris skirt would not prevent migrating juveniles from finding their downstream passage route.

Reclamation proposes to install a wave action data buoy as part of the Cle Elum Fish Passage Project. This feature was not in the original plans. The side mooring eyes would be utilized to tether the data buoy to Buoy 1 and 2, which provide the in reservoir anchoring of the boom.

The data buoy would also have two anchors, attached via chain to marker buoys.

(See attachment "20230310 Major Modification Request for HPA 2020-3-56+1" for more information)

PROVISIONS

1. TIMING LIMITATIONS

Remaining work on the Juvenile Facility is authorized when water elevations in the reservoir bed or when an approved coffer dam is in place that will allow work to be performed in the dry.

2. 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 Cle Elum River and impacts to fish species spawning in this reach, including Chinook salmon and Steelhead. Coffer dam should be installed by September 15 (before Chinook salmon arrive for fall spawning) and removed by March 30.

GENERAL

3. 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.

REQUIRED MEETINGS

4. 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, bypass construction, cofferdam installation and equipment access routes, see Provision #6 for contact information.

5. 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.

REQUIRED NOTIFICATIONS

6. The permittee or contractor must notify the Department field office by phone (509) 457-9307 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 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.

HYDRAULIC PROJECT APPROVAL

Washington Department of Fish & Wildlife

PO Box 43234

Olympia, WA 98504-3234

(360) 902-2200

Permit Number: 2023-3-9+01

FPA/Public Notice Number: N/A

Application ID: 31186

COPIES OF PLANS AND SCHEDULES TO BE PROVIDED TO WDFW

7. 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. Water Isolation Plan for Construction of the Splitter Wall. The plan must include the timing and sequence of work, the installation and removal of the temporary containment structures needed to isolate the work areas, water management in the work area, dewatering of work areas, location of settling ponds, access roads, borrow and stockpile areas, etc..

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. Given the complex nature of the 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.

8. Reclamation must submit any copies of progress reports and compliance monitoring reports pertaining to protection of fish life to WDFW, see Provision #6 for contact information.

9. Fish Passage Facility Monitoring Plan: Prior to operation of the fish passage intake structures, helix and outfall to the river, Reclamation must provide a monitoring plan to WDFW for review and approval. The monitoring plan must document how well the facility performs post-construction. The plan should confirm attraction, entrainment, velocities, turbulence and document how well safe passage is successfully achieved. It should also track operation and maintenance activities needed to keep the facility functioning successfully.

ENVIRONMENTAL COMPLIANCE INSPECTION AND REPORTING

10. 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 Cle Elum and the Cle Elum River, 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 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).

11. 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

12. 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.

13. 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 salvaged to use as part of restoration plans.

EQUIPMENT LIMITATIONS

14. All work must be done in isolation from the waters of Lake Cle Elum and Cle Elum River. Equipment must work “in

HYDRAULIC PROJECT APPROVAL

Washington Department of Fish & Wildlife

PO Box 43234

Olympia, WA 98504-3234

(360) 902-2200

Permit Number: 2023-3-9+01

FPA/Public Notice Number: N/A

Application ID: 31186 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 Cle Elum River, to not allow any discharge of material into the waters of Lake Cle Elum or Cle Elum River.

15. 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.

16. 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.

17. Equipment must be stored, serviced and parked at end of the workday at locations at least 50 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.

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

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

20. 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.

WATER WITHDRAWAL FROM LAKE CLE ELUM FOR PROJECT CONSTRUCTION

21. Water for project construction purposes may be withdrawn from Lake Cle Elum by using a pump with an appropriately sized fish screen on the intake. (Note, approval from Washington Department of Ecology for water withdrawal is necessary prior to withdrawing water for construction.)

22. The pump system must be equipped with an in-line flow meter, which measures the instantaneous flow (e.g.

gallons per minute) of water withdrawn from the lake.

TEMPORARY BYPASS OF STREAM FLOW

23. A temporary flow bypass 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 in-channel work and must be made of clean materials.

24. A diversion dam (coffer dam) must be made of clean materials such as sandbags, precast concrete ecology blocks, plastic sheeting, sheet piles, 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.

HYDRAULIC PROJECT APPROVAL

Washington Department of Fish & Wildlife

PO Box 43234

Olympia, WA 98504-3234

(360) 902-2200

Permit Number: 2023-3-9+01

FPA/Public Notice Number: N/A

Application ID: 31186

25. 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 downstream of the project. Fish removal must be as per the fish salvage plan produced by Reclamation. WDFW is willing to assist in fish salvage with enough advance notice for staff planning.

26. 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.

27. 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.

28. 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.

29. Whenever pumping occurs in water where there is a chance that fish may be present, 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, 2011: http://www.westcoast.fisheries.noaa.gov/publications/hydropower/fish_passage_design_criteria.pdf). 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.

30. 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.

TEMPORARY CONTAINMENT STRUCTURES

31. Containment structures placed or worked in water must be made of clean materials (e.g. sandbags, ecology blocks, plastic sheeting, sheet pile, rip rap, washed gravels, etc.) until the structure is closed and the work area fully contained.

Only clean materials must be allowed on the outboard side of structures. After the work area is contained, materials containing fines may be used within the contained area if necessary.

32. Removal of containment structures and cofferdams must be done in the reverse of the sequence in which they are installed. Removal must be done in a manner which minimizes the release of fine sediment to water or wetlands.

Materials used in the temporary containment structures must be removed from the site and disposed of in approved locations.

WASTEWATER MANAGEMENT

33. 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.

34. 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

HYDRAULIC PROJECT APPROVAL

Washington Department of Fish & Wildlife

PO Box 43234

Olympia, WA 98504-3234

(360) 902-2200

Permit Number: 2023-3-9+01

FPA/Public Notice Number: N/A

Application ID: 31186 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 chamber, c) water being pumped from the sump is clear (no suspended solids or turbidity), and d) state water quality standards (not…