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McKay Dam Hydroelectric Project FERC No. 14546

Preliminary Application Document (PAD) Houtama Hydropower LLC

May, 2016

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Table of Contents

1.0 INTRODUCTION 1.1 BACKGROUND ...... 1-1 1.2 PROPOSED PROJECT FACILITIES AND BOUNDARY ...... 1-2 1.3 AGENTS FOR THE LICENSEE ...... 1-2 1.4 PRELIMINARY APPLICATION DOCUMENT (“PAD”) CONTENT ...... 1-4

2.0 PROCESS PLAN AND SCHEDULE 2.1 REFERENCES ...... 2-1

3.0 PROPOSED COMMUNICATIONS PROTOCOLS 3.1 GENERAL COMMUNICATIONS ...... 3-1 3.2 TELEPHONE ...... 3-1 3.3 EMAIL AND WEBSITES ...... 3-1 3.4 MEETINGS ...... 3-1 3.5 DOCUMENTS ...... 3-2

4.0 DESCRIPTION OF PROJECT LOCATION, FACILITIES AND OPERATION 4.1 PROJECT LOCATION ...... 4-1 4.2 PROJECT BOUNDARY ...... 4-1 4.3 PROJECT FACILITIES ...... 4-3 4.4 ENERGY PRODUCTION ...... 4-6 4.5 POWER TRANSMISSION LINE ...... 4-7 4.6 PROJECT OPERATION AND SAFETY PROCEDURES ...... 4-7 4.7 OTHER PROJECT INFORMATION ...... 4-7 4.8 REFERENCES ...... 4-12

5.0 DESCRIPTION OF EXISTING ENVIRONMENT AND RESOURCE EFFECTS ...... 5-1 5.1 RIVER BASIN ...... 5-1 5.2 GEOLOGY & SOILS ...... 5-5 5.3 WATER RESOURCES ...... 5-6 5.4 FISH AND AQUATIC RESOURCES...... 5-14 5.5 WILDLIFE RESOURCES ...... 5-21 5.6 BOTANICAL RESOURCES ...... 5-22 5.7 WETLANDS, RIPARIAN, AND LITTORAL HABITAT ...... 5-24 5.8 THREATENED, ENDANGERED, AND SPECIAL STATUS SPECIES ...... 5-25 5.9 RECREATION AND LAND USE ...... 5-39 5.10 AESTHETIC RESOURCES ...... 5-39 5.11 CULTURAL RESOURCES ...... 5-40 5.12 SOCIO-ECONOMIC RESOURCES ...... 5-40

6.0 ISSUES, INFORMATION NEEDS, AND MITIGATION ...... 6-1 6.1 PRELIMINARY ISSUES AND INFORMATION NEEDS BY RESOURCE ...... 6-1 6.2 GEOLOGY AND SOILS ...... 6-1 6.3 WATER RESOURCES ...... 6-2 6.4 FISH AND AQUATIC RESOURCES...... 6-2 6.5 WILDLIFE RESOURCES ...... 6-4

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6.6 BOTANICAL RESOURCES ...... 6-4 6.7 WETLANDS, RIPARIAN AND LITTORAL HABITAT ...... 6-4 6.8 THREATENED, ENDANGERED, AND SPECIAL STATUS SPECIES ...... 6-5 6.9 RECREATION AND LAND USE ...... 6-5 6.10 AESTHETIC RESOURCES AND IMPACT TO NEIGHBORS ...... 6-5 6.11 CULTURAL RESOURCES ...... 6-6 6.12 SOCIO-ECONOMIC RESOURCES ...... 6-6

Appendices

Appendix A contains an agency and stakeholder distribution list [18 CFR § 5.6(d)(5)] and the documentation of agency and stakeholder consultation [18 CFR § 5.6(d)(5)].

Appendix B contains the process plan and schedule for application for an original license for the proposed Project [18 CFR §5.6.(d)(1)].

Appendix C contains the electrical one-line diagram and engineering drawings depicting the facilities of the proposed Project. The proposed project boundary map [18 CFR 5.6 (d)(2)] and the Flow Duration Curves [18 CFR § 5.6 (d)(3)] are in Section 4.

Appendix D contains a list of the literature, information, and data sources cited in the descriptions and summaries of existing resource data in the PAD [18 CFR § 5.6 (c)(2)].

List of Figures

Figure 1-1 Project Location ...... 1-3

Figure 2-1 Traditional Licensing Process ...... 2-2

Figure 4-1 McKay Dam-Image Courtesy Of U.S. Fish & Wildlife Service ...... 4-2 Figure 4-2 Project Boundary and Layout ...... 4-3 Figure 4-3 Project Layout, Pubic Land Survey System ...... 4-8 Figure 4-4 Project Boundary Map ...... 4-9 Figure 4-5 Average Daily Flow in McKay Creek Below McKay Dam & Average Daily Elevations of McKay Reservoir ...... 4-10 Figure 4-6 Flow Exceedance Curve-McKay Creek Below McKay Dam (1970-2014) ...... 4-11

Figure 5-1 Diversion Dams on the Lower Umatilla River ...... 5-4 Figure 5-2 Soil Map in the Project Vicinity ...... 5-7 Figure 5-3 McKay Reservoir Watershed ...... 5-9 Figure 5-4 USGS Streamstats Basin Characteristics ...... 5-11

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List of Tables

Table 4-1 Existing Hydrologic and Physical Data for McKay Dam and Reservoir ...... 4-4 Table 4-2 Specifications for the Proposed Single Turbine/Generator Unit ...... 4-6 Table 4-3 Average Annual Energy and Dependable Capacity ...... 4-6 Table 4-4 Summary of Physical Characteristics and Hydrology of McKay Reservoir ...... 4-7

Table 5-1 Flows (CFS) From McKay Dam, Average Data 1974-2015 ...... 5-10 Table 5-2 Temperature and Dissolved Oxygen Standards Applicable to the Project Reach of McKay Creek 5-13 Table 5-3 Turbine Related Fish Mortality: Review & Evaluation of Studies ...... 5-16 Table 5-4 McKay Creek Habitat Characterization ...... 5-19 Table 5-5 Federally Listed Threatened, Endangered or Candidate Species That May Occur In The Project Vicinity ...... 5-26 Table 5-6 Migratory Bird Species of Conservation Concern That May Occur in the Project Vicinity ...... 5-32 Table 5-7 Summary On-Going McKay Reservoir and Fish Barrier Effects on Mid-Columbia Steelhead ...... 5-37

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Houtama Hydropower LLC McKay Dam Hydroelectric Project FERC NO. 14546 PRE-APPLICATION DOCUMENT

1.0 INTRODUCTION

Houtama Hydropower LLC (“HH”) proposes to build the McKay Dam Hydroelectric Project (McKay Project or Project) at the existing Bureau of Reclamation (BOR) McKay Dam on the McKay Creek in Umatilla County, Oregon. McKay Dam is located approximately 5 miles south of Pendleton, Oregon and impounds the McKay Reservoir. The BOR owns, operates, and maintains the McKay Dam facility which is operated to support fisheries, irrigation and flood control. Houtama Hydropower’s proposed Project includes a new bifurcation on the existing outlet pipe, a new penstock, and a new powerhouse complete with turbine, generator, transmission, and draft tube facilities.

This Pre-Application Document (PAD) (1) describes the proposed hydroelectric project facilities and proposed project operations; and (2) summarizes existing information regarding the Project and its possible effects, and presents preliminary study plans.

This PAD also provides parties interested in this proceeding the information necessary to identify issues and the need for additional information, develop study requests and study plans, and begin to prepare documents analyzing HH’s Application for Original License (License Application) later in the licensing process. The PAD also provides the existing available information for the environmental analysis section of the License Application as well as to FERCs’ scoping documents and Environmental Impact Statement (EIS) or Environmental Assessment (EA) under the National Environmental Policy Act (NEPA). Review of the PAD enables those planning to participate in this proceeding to familiarize themselves with the Project.

Houtama Hydropower proposes to use FERCs’ Traditional Licensing Process (TLP) with an enhanced consultation process to prepare its application for the Project. HH will undertake extensive consultation with agencies and stakeholders, and will likely initiate field studies during the summer of 2016 to support its license application. Appendix C provides a schedule for proposed studies.

1.1 BACKGROUND

The development of a hydroelectric project at McKay Dam has been under consideration for several years. In the past few years at least two FERC preliminary permit applications for a Project at this location were issued and then subsequently expired.

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1.2 PROPOSED PROJECT FACILITIES AND BOUNDARY

HH proposes to construct the McKay Project at McKay Dam on the McKay Creek near the City of Pendleton, in Umatilla County in eastern Oregon (see Figure 1-1 below). The Project will require construction of a bifurcation at the existing penstock, a short new section of penstock, powerhouse, and transmission facilities at the existing fenced BOR facility at the outlet of the dam. The proposed penstock system will operate independently of the existing outlet works, and will deliver released flows to the turbine. Power produced by the generator will be routed up to an existing overhead power line at the dam. The existing neighborhood power line would be upgraded to a 12.5-kV, three-phase circuit for connection to the local grid at a point to be negotiated with Pacific Power. After powering the turbine, water will discharge into the existing still basin adjacent to the existing outlet works. No aspect of the proposed Project will hamper the safety or discharge flows of McKay Dam or its outlet or spillway. Rather, the Project will use only those flows released by BOR, which operates and maintains the existing facility for the purposes fisheries, irrigation, and flood control. Project operations will not change or affect the BOR’s control of the flows from McKay Dam.

Additionally, the proposed hydropower project can be bypassed under emergencies. The proposed project boundary would encompass only McKay Dam and its associated outlet area facilities. The BOR owns the existing facilities and associated shoreline of the project boundary. The Project will not affect the structure or integrity of the BOR facilities. HH anticipates entering into an agreement with the BOR after license issuance to obtain sufficient rights to construct and operate the Project and maintain project structures and facilities.

1.3 AGENTS FOR THE LICENSEE

The following persons are authorized to act as HH’s agents pursuant to 18 CFR § 5.6(d)(2)(i):

William Hampton Houtama Hydropower LLC PO Box 896 Pendleton, OR 97801 Telephone: (541) 969-2276 Email: [email protected]

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FIGURE 1-1 PROJECT LOCATION

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1.4 PRELIMINARY APPLICATION DOCUMENT (“PAD”) CONTENT

In accordance with 18 CFR 5.6, HH prepared this PAD after contacting State, Federal, local governmental agencies, Native American Tribes, non-governmental organizations (NGOs), individual stakeholders, and others potentially having relevant information, and by conducting searches of publicly available databases and its own records. HH also distributed a draft PAD to Federal and State resource agencies, local governments, Native American Tribes in November, 2015. In addition to contacting agencies and stakeholders, HH conducted an informal Initial Stakeholder Meeting on December 1, 2015. The meeting included a site visit to familiarize interested parties with the Project at McKay Dam and the fish barrier facility at the mouth of McKay Creek. (See Appendix A—Distribution List).

The PAD is organized as follows:

• Table of Contents; List of Tables; List of Figures; List of Appendices

• Section 1 provides an introduction and background information on the McKay Dam Hydroelectric Project.

• Section 2 describes the process plan and schedule for all pre-application activity, including a proposed location and date for the Joint Public and Agency Meetings and site visit [18 CFR § 4.38].

• Section 3 describes the communications protocol for the licensing process.

• Section 4 reviews the general description of the project location, facilities and operation [18 CFR § 5.6 (d)(2)].

• Section 5 summarizes the existing environment and resource impacts [18 CFR § 5.6 (d)(3)].

• Section 6 describes the known or potential project impacts as well as potential information needs associated with these impacts [18 CFR § 5.6 (d)(4)].

• Section 7 references known environmental studies that may be relevant to the Project.

Appendices

• Appendix A contains an agency and stakeholder distribution list [18 CFR § 5.6(d)(5)] and the documentation of agency and stakeholder consultation [18 CFR § 5.6(d)(5)].

• Appendix B contains the process plan and schedule for application for an original license for the proposed Project [18 CFR §5.6.(d)(1)].

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• Appendix C contains the electrical one-line diagram and the engineering drawings depicting the proposed Project facilities. The proposed project boundary map [18 CFR 5.6 (d)(2)] and the Flow Duration Curves [18 CFR § 5.6 (d)(3)] are contained in Section 4 of this application.

• Appendix D contains a list of the literature, information, and data sources cited in the descriptions and summaries of existing resource data in the PAD [18 CFR § 5.6 (c)(2)].

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2.0 PROCESS PLAN AND SCHEDULE

HH intends to use the Traditional Licensing Process (TLP) for the Project. The TLP has three stages (18 CFR § 4.38). The first stage involves coordination between HH, resource agencies, affected Indian Tribes, and the public and includes the sharing of project information, notification of interested parties, and study planning and implementation using the PAD. The second stage involves study implementation and additional data gathering as well as development of a draft license application (DLA) and review of the draft application by resource agencies. The third stage commences with filing the final license application (FLA), whereby FERC initiates its own review and public comment process, ultimately issuing a license for the Project.

HH will provide numerous opportunities to involve all interested parties throughout the licensing process. Specifically, HH intends to use the TLP with enhanced consultation including additional public/agency meetings throughout the licensing process in addition to those required by the FERC regulations governing the TLP. HH plans early and continuous coordination with State and Federal resource agencies to identify any potential issues and field study requirements very early in the licensing process. Figure 2-1 depicts the regulatory milestones of the TLP.

HH will carefully document the entire licensing process including any information received from the interested parties, as well as records of communications (Appendix B). HH will maintain records of licensing and other information that will be publicly available at HH’s office in Pendleton, Oregon (see Section 3.0).

The Process Plan and Schedule outlines actions by FERC, HH, and other participants in the licensing process through the License Application filing. Appendix C provides a Process Plan and Schedule for the TLP.

2.1 REFERENCES

Federal Energy Regulatory Commission (FERC). 2004. Handbook for Hydroelectric Project Licensing and 5 MW Exemptions from Licensing. [Online] URL: http://www.ferc.gov/ industries/hydropower/gen-info/handbooks/licensing_handbook.pdf.

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1 Traditional1 Licensing Process - Figure 2

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3.0 PROPOSED COMMUNICATIONS PROTOCOLS

HH believes that effective communication is essential for a timely, cost-effective licensing. HH will use all available means of communication, including meetings, documents, email, websites, and telephone conferences to ensure that all interested parties receive information and are able to provide their input to HH in a timely manner. The following sections provide contact information for HH.

3.1 GENERAL COMMUNICATIONS Communications include written correspondence, emails, and notes from individual and conference telephone calls. HH’s goal is to keep the lines of communication open during the licensing process and make it easy for licensing participants and the public to access relevant project licensing information.

3.2 TELEPHONE

HH will treat telephone calls among interested parties and licensing participants informally, with no specific documentation unless specifically agreed upon in the discussion or as part of formal agency consultation proceedings.

3.3 EMAIL AND WEBSITES

HH will distribute relevant documents and submittal of comments, correspondence and study requests from agencies electronically, via email distribution. Some formal agency consultation proceedings and correspondence may also occur electronically or via email. HH will maintain documentation of all electronic correspondence as part of formal agency consultation proceedings. FERC makes information available to the public via the Internet through its eLibrary, a records information system that contains documents submitted to and issued by FERC. Documents filed with the FERC as part of the project licensing process are available for viewing and printing via eLibrary, accessed through the Commission’s home page or directly at http://www.ferc.gov/docsfiling/elibrary.asp. Interested parties can also subscribe to the docket for the Project under eSubscription and receive notices of issuance and filings by email.

3.4 MEETINGS

HH recognizes there are a number of Native American tribes, agencies, groups and individuals that may wish to participate in the licensing process. HH will work with interested parties to develop meeting schedules that include practical locations and times to accommodate the majority of participants. In general, HH will schedule meetings, other than FERC Scoping Meetings, between the hours of 9:00 a.m. and 4:00 p.m. FERC Scoping Meetings will include at least one evening meeting. HH will make every effort to begin and end meetings on time. To the extent possible, HH will notify all interested parties at least two weeks in advance of the next McKay Dam Project Number 14546 Houtama Hydropower LLC May, 2016 Page 3- 1

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planned meeting. At that time, HH will provide a meeting agenda via email. HH will also distribute any documents or other information that will be the subject of meeting discussions.

3.5 DOCUMENTS

In addition to accessing documents through the FERC’s website (see above) HH will maintain copies of all mailing lists, announcements, notices, communications, and other documents related to the licensing of the Project at HH’s office in Pendleton. HH will regularly update the public files to ensure the public has the latest information related to the licensing process available to them and that all public documents are available. Anyone may obtain documents by contacting

William Hampton Houtama Hydropower LLC PO Box 896 Pendleton, OR 97801 Telephone: (541) 969-2276 Email: [email protected]

HH prefers to receive all documents electronically in either PDF or an appropriate MS Office format. Please email electronic documents to: [email protected]

Hardcopy documents may be mailed to the above address. In either case, all documents received become part of the consultation record for the licensing and are available for distribution to the public.

3.5.1 PUBLIC REFERENCE FILE

HH will maintain a public reference file on the Project at HH’s office in Pendleton. The public reference file is a listing of important materials pertaining to the licensing. This includes background reference material as well as the consultation record; all relevant studies and data collected during the development of this PAD; meeting summaries; notices; reports; and any project-related documents issued by FERC.

3.5.2 RESTRICTED DOCUMENTS

Certain project-related documents are restricted from public viewing in accordance with FERC regulations. Information associated with protecting sensitive or other important information is restricted under Section 106 of the NHPA. Anyone seeking this information from FERC must file a Freedom of Information Act (FOIA) request. Instructions for FOIA are available on FERC's website at www.ferc.gov/legal/ceii-foia/foia.asp.

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3.5.3 STUDY REQUESTS

In the development of the PAD, HH has collected and summarized the reasonably available information regarding the proposed Project and its expected effects on the human and natural environments. The PAD, however, may also indicate areas where there is little or no information related to areas of potential critical concern with respect to the construction and/or operation of the proposed Project. Licensing participants may request additional studies or investigations to add to the understanding of the Project and its impacts. While 18 CFR § 4.38 identifies study request requirements for the TLP, HH believes that the licensing process would be facilitated through integration of study request requirements contained in 18 CFR §5.9(b). Accordingly, any information or study requests should:

• Describe the goals and objectives of each study proposal and the information to be obtained. • If applicable, explain the relevant resource management goals of the agencies or • Indian tribes with jurisdiction over the resource to be studied. • If the requestor is a not resource agency, explain any relevant public interest considerations concerning the proposed study. • Describe existing information concerning the subject of the study proposal and the need for additional information. • Explain any nexus between project operations and effects (direct, indirect, and/or cumulative) on the resource to be studied, and how the study results would inform the development of license requirements. • Explain how any proposed study methodology (including any preferred data collection and analysis techniques, or objectively quantified information, and a schedule including appropriate filed season(s) and the duration) is consistent with generally accepted practice in the scientific community or, as appropriate, considers relevant tribal values and knowledge. • Describe considerations of level of effort and cost, and why any proposed alternative studies would not be sufficient to meet the stated information needs.

Draft study requests in MS Word or PDF format should be sent electronically to:

William Hampton Houtama Hydropower LLC PO Box 896 Pendleton, OR 97801 Telephone: (541) 969-2276 Email: [email protected]

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3.5.4 DOCUMENT DISTRIBUTION

Whenever possible, HH will distribute all documents electronically in standard MS Word or PDF format. HH may distribute hard copies of some documents for convenience or by request.

3.5.5 MAILING LISTS

There are two categories of participation in a FERC licensing and each requires different notification or frequency and type of communication. “Interested parties” are a broad group of individuals and governmental and NGOs, sometimes referred to as "stakeholders” that have an interest in the licensing. HH will maintain a McKay Hydroelectric Project Licensing Mailing List of all interested parties. The list will include both standard U.S. Post Office addresses and available email addresses for distributing notices and documents for public review. “Licensing participants” are a subset of interested parties. Licensing participants are the individuals and entities that are actively participating in a proceeding. Any interested party may elect to be a licensing participant. Licensing participants generally are active on committees or specific aspects of the licensing and receive additional communications relative to the specific activity or function.

After HH files its License Application, FERC will establish an official Service List for parties who formally intervene in the proceeding. Intervention is a formal legal process governed by FERC regulations. FERC's website (www.ferc.gov) contains additional information. Once FERC establishes a Service List, any written documents filed with FERC must also be sent to each person or entity on the Service List. FERC’s regulations outline the rules governing filing and distribution of documents after FERC has established a Service List.

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4.0 DESCRIPTION OF PROJECT LOCATION, FACILITIES AND OPERATION

Houtama Hydropower proposes to construct the McKay Dam Hydroelectric Project at McKay Dam on McKay Creek near the city of Pendleton, in Umatilla County Oregon. Owned by the BOR, McKay Dam is a federal facility subject to 18 CFR § 4.51(b). Accordingly, the PAD does not include information on project works maintained and operated by the BOR, or any other department or agency of the United States, except for any facilities that the proposed Project may alter or modify.

4.1 PROJECT LOCATION

McKay Creek is a tributary of the Umatilla River. The Umatilla River is a tributary of the Columbia River and is part of the Columbia River Basin. McKay Dam is an impoundment of McKay Creek located in Umatilla County, Oregon, approximately 5 miles south of the town of Pendleton, and approximately 9 miles north of the town of Pilot Rock. McKay Dam is approximately 5 river miles upstream of the confluence of McKay Creek with the Umatilla River and has a watershed area of approximately 193 square miles. The original purpose of the dam was to provide supplementary water for irrigation and flood control. Now McKay Dam is operated to support fisheries, irrigation and flood control. McKay dam was constructed by the Bureau of Reclamation between 1923 and 1927 as part of the Umatilla Basin Project. The Project location is as follows: State: Oregon County: Umatilla Nearby Town: Pendleton Body of Water: McKay Creek

4.2 PROJECT BOUNDARY

The proposed project boundary for the McKay Dam Hydroelectric Project (Figure 4-1) is limited to those parts of McKay Dam directly affected by the project’s construction and operation.

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1. Project1. Boundary Map - Figure 4

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4.3 PROJECT FACILITIES

The following section provides a discussion of McKay Dam and the proposed Project. Section 4.3.1 describes the dam only for context and clarity of location for the proposed Project. Section 4.3.2 provides a description of the proposed Project. Section 4.3 describes the project boundary. Section 4.6 provides a discussion of HH’s proposal to integrate energy production into BOR’s operation of McKay Dam.

4.3.1 EXISTING FACILITIES

McKay Dam is a 165-foot high earth-fill dam with concrete facing on the upstream side (Figure 4-2). The structure is composed of 2,364,000 cubic yards of fill material with a crest length of 2,700 feet and a mean hydraulic head of 98 feet. In 1991, the needle valves were replaced with new jet flow gates. Spillway capacity was modified in 1978-1979 to increase the capacity from 10,000 cfs to 27,000 cfs. The proposed Project will not affect the hydraulic capacity of the spillway. The McKay Reservoir stores 65,534 acre-feet of water for the primary purpose of irrigation for the Stanfield and Westland Irrigation Districts. Detailed data for the existing project is presented in Table 4-1.

Figure 4-2. McKay Dam-Image Courtesy of U.S. Fish & Wildlife Service

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Table 4- 1-Existing Hydrologic and Physical data for McKay Dam and Reservoir

Item Description Total Capacity to El. 1,322 65,534 (plus 6,000 acre-feet flood storage) Active Capacity 71,534 acre-feet Drainage Area 186 sq. miles Normal Maximum Water Surface Area 1,316 acres Normal Water Surface Elevation 1,317.1 feet Spillway Gated Spillway Capacity 27,000 cfs at capacity elevation Outlet Works Twin (2) 40” Jet Flow Gates Dimensions Structural Height 165 feet Hydraulic Height 158 feet high Crest Length 2,700 feet Dam Crest Elevation 1,330 feet Spillway Crest Elevation 1,329.3 feet

The outlet works have a 1,240 cfs capacity (at reservoir elevation of 1,317) and consist of an intake structure, outlet tunnel, gate chamber, two downstream outlet penstocks, valve house, and stilling basin.

Intake Structure. There is a trashrack-protected intake structure at the upstream toe of the dam. The invert of the 10-foot-high rectangular intake structure is at El. 1,182 ft. The intake structure is approximately 25 ft. long by 16 ft. wide with the trash bars having a typical clear opening of 6 inches.

Outlet Tunnel. A 10-foot-diameter, concrete-lined, circular, approx. 600-foot-long, the outlet tunnel runs from the intake structure to the gate chamber.

Gate Chamber. The gate chamber houses hydraulic actuators for two, 4-foot by-4-foot- high pressure slide gates. The invert of the gate chamber is 1,181.57 ft.

Downstream Outlet Penstocks. Downstream from the gate chamber is are two 54” diameter steel penstocks, approximately 135 ft. in length. The penstocks slope slightly from the gate chamber (penstock center line EL. 1,183.4 ft.) to the jet flow valves (valve center line El. 1,183.08 ft.). BOR recently modified the downstream penstocks to include ultrasonic flow measurement for each penstock.

Valve House. Flow exits the two outlet penstocks through two 40-inch diameter jet-flow valves to a stilling basin. The outlet water is discharged from the steel penstocks at full pressure through the 40” jet-flow valves onto the concrete apron (invert El 1,177 ft.) and bedrock outcrop before dropping approximately 7 feet into the stilling basin (water level typically at El. 1,170 ft.). A concrete divider wall separates the discharge from the two jet flow valves.

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Stilling Basin. The stilling basin is shared by the outlet works and the spillway. To prevent bank and bed damage by erosive currents passing through the stilling basin, riprap is typically placed on the channel bottom and banks.

4.3.2 PROPOSED FACILITIES

The proposed Project will require permanent modifications to the existing outlet works. Work within the existing penstock tunnel will be necessary to install the bifurcation and the new penstock for supplying water to the new powerhouse. The need to maintain the safety of the existing structures will dictate the schedule for constructing the modifications to the outlet works. Access to the new powerhouse will be required for construction, operations, and maintenance. Maintaining the existing road at the site is the preferred option for providing this access.

Outlet Conduit. A single new 60-inch steel penstock will be bifurcated with existing outlet pipe #1 to convey water to the proposed powerhouse. Engineering drawings of all the proposed components are provided in Appendix C.

Powerhouse. The substructure of the powerhouse will consist of reinforced concrete foundations, walls, and floors for supporting hydraulic and electrical equipment. The draft tube will exit through the lower part of the concrete wall and discharge into the stilling basin. The powerhouse will contain the turbine and generator unit and associated switchgear equipment. The powerhouse building will consist of steel-framed construction on a concrete foundation. In addition to the single 200 cfs Francis turbine and 1.9 MW generator unit, the building will also house the associated control equipment, backup battery system, and operator office. . The powerhouse will be designed to minimize noise. HH will install a microprocessor-based control system to operate and monitor the plant equipment and systems. This system will also communicate with remote sites for plant control and monitoring. The location of the proposed powerhouse will be just south of the existing valve house, utilizing the existing stilling basin. Engineering drawings of the proposed components are provided in Appendix C.

Draft Tube. The proposed turbine outflow will enter McKay Creek at approximately the same point as the current outlet point, utilizing the existing stilling basin. The turbine draft tube will direct the turbine discharge into the stilling basin. The riprap in the stilling basin will be evaluated during construction and will be augmented or replaced as needed to ensure that the stilling basin channel bottom is protected against erosion.

Use of Impoundment. The proposed project requires no modification to existing dam operations and, therefore, the area and capacity of impoundment will not be affected by the operations of the proposed hydroelectric project.

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Proposed Project Turbine Generator. Initial analysis of hydrologic data and project capacity resulted in the recommended production capacity of 1.9MW. Based on the average daily head, a single Francis-type turbine was selected. The preliminary specifications for the proposed single turbine/generator unit are in Table 4-2. The generators being considered for this application are three-phase, 4,160-VAC, synchronous models with switchgear and control packages.

Table 4-2- Specifications for the proposed single turbine/generator unit

Type Max Head (ft) Min Head (ft) Max Flow (cfs) Min Flow (cfs) Capacity Francis 148 53 200 80 1.9MW

4.4 ENERGY PRODUCTION

Assuming the Francis unit operates all year, the unit would have a plant factor of 34%. 5,647 = = = 33.9% 16644 𝐴𝐴𝐴𝐴𝐴𝐴𝐴𝐴𝐴𝐴𝐴𝐴 𝐴𝐴𝐴𝐴𝐴𝐴𝐴𝐴𝐴𝐴𝐴𝐴𝐴𝐴 𝑃𝑃𝑃𝑃𝑃𝑃𝑃𝑃𝑃𝑃𝑃𝑃𝑃𝑃𝑃𝑃𝑃𝑃𝑃𝑃 𝑀𝑀𝑀𝑀ℎ 𝑃𝑃𝑃𝑃 HH estimates annual generation𝑀𝑀𝑀𝑀 and𝑀𝑀 𝑃𝑃 𝑃𝑃dependable𝑃𝑃𝑃𝑃𝑃𝑃𝑃𝑃𝑃𝑃𝑃𝑃𝑃𝑃𝑃𝑃 capacity for the 𝑀𝑀𝑀𝑀McKayℎ Dam will total approximately 5.6 GWH based on historical flows and head data (1993 to 2014) and after the installation of the new powerhouse. Table 4-3, below, shows average monthly generation annual energy for the period January 1993 to December 2014. Table 4-3. McKay Production Model 1993-2014

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4.5 POWER TRANSMISSION LINE

The 4,160-V power produced will be transformed immediately adjacent to the powerhouse to 12.5 kV and routed up to an overhead, three-phase circuit. The existing Pacific Power overhead line at McKay Dam will be upgraded to a 12.5 kV three-phase overhead line. The transmission line will follow the existing distribution circuit for connection to the local grid. The transmission line upgrade and interconnection details will be negotiated with Pacific Power. The point of interconnect will be established within the project boundary. See Figures 4-3 and 4-4.

4.6 PROJECT OPERATION AND SAFETY PROCEDURES

HH proposes to operate the Project in a run-of-river manner, using flows released from the McKay Reservoir without altering the timing or magnitude of those releases. McKay Dam will continue to operate to meet existing BOR flow and discharge requirements at all times. HH will control the Project remotely using an automated system that will run, and shut down the turbines. The automated control package will have overload, fault, and runaway speed protection.

4.7 OTHER PROJECT INFORMATION

4.7.1 GENERATION AND OUTFLOW RECORDS

The Project’s maximum design flow or hydraulic capacity is 200 cfs. The proposed installed capacity of the Project is 1.9 MW. Section 4.4 also provides a discussion of anticipated generation. Appendix C provides the proposed single-line diagram of the Project. Table 4-4 shows a summary of the physical characteristics and hydrology of McKay Reservoir.

TABLE 4-4. Summary of Physical Characteristics and Hydrology of McKay Reservoir Item Description Maximum Reservoir Elevation (feet) 1,322 Surface Area (acres) 1,316 Average Storage Volume (acre-feet) 35,896 Maximum Storage Capacity (acre-feet) 65,534 Retention Time (years) .45 (at 112 cfs, or mean daily flow for 1974-2014) Shoreline Length (miles) 7.5 (approx.)

As discussed above, the proposed Project will take advantage of existing flows at McKay Dam and will operate in a run-of-river manner. Figure 4-5 below presents a summary of daily average discharge data at the McKay Dam from 1974 through 2014. Current operation of the reservoir stores water during the winter in order to meet downstream irrigation and fishery needs during the summer period. The Flow Exceedance curve for the Project is shown below in Figure 4-6.

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Figure 4-3. Transmission Line Layout and Project Boundary

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Figure 4-4. Transmission Line Layout, Public Land Survey System

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Average daily flow in McKay below Creek McKayDam& average daily elevationsMcKay of Reservoir

- 5 - Figure 4

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McKay Creek below below Creek McKay - 2014) - (1970 McKay Dam Dam McKay Flow Exceedance Curve Exceedance Flow

- 6 - Figure 4

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4.7.2 DELIVERY OF WATER FOR NON-POWER USES

As a run of river, non-consumptive use, the Project will not affect delivery of water for non- power uses. All delivery of water for uses such as irrigation and fisheries would continue to be the sole responsibility of the BOR.

4.7.3 CURRENT NET INVESTMENT

There is no current net investment, as construction has not started.

4.8 REFERENCES

U.S. Department of the Interior; Bureau of Reclamation http://www.usbr.gov/projects/Facility.jsp?fac_Name=McKay+Dam&groupName=Overvi ew U.S. Department of the Interior; U.S. Geological Survey US Fish & Wildlife http://www.fws.gov/refuge/McKay_Creek/what_we_do/history.html

Historical Flow data for the McKay Dam is provided by the BOR Hydromet station “MCKO” located approximately 1,300 feet downstream from McKay dam. http://www.usbr.gov/pn-bin/arcread.pl?station=MCKO

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5.0 DESCRIPTION OF EXISTING ENVIRONMENT AND RESOURCE EFFECTS

Because the construction and operation of the proposed Project may have an effect on its surrounding environment, HH has reviewed available information on potentially affected resources, as required by the FERC. The following sections provide a discussion of the existing environmental, cultural, and socioeconomic resources of the project vicinity.

5.1 RIVER BASIN

McKay Dam, McKay Reservoir, and the proposed Project are located in the Umatilla River Basin in Northeast Oregon. McKay Reservoir has a watershed area of approximately 186 square miles. The Umatilla River Basin is a major subbasin of the Columbia River, covering approximately 2,500 square miles—about 1% percent of the entire Columbia River drainage basin, which consists of approximately 260,000 square miles. The Umatilla River Basin encompasses most of Umatilla County and portions of Morrow County. The Umatilla river originates in the Blue Mountains and flows generally westward, across the Columbia Plateau, approximately 100 miles, discharging into the Columbia River at the town-site of Umatilla. The basin has a continental climate with a winter precipitation pattern. Precipitation varies from 8-10 inches along the Columbia River, to as high as 45 inches in the higher elevations of the Blue Mountains. Peak flows normally occur in the spring with high elevation snowmelt and diminish throughout the summer to their low points in August or September. Below Pendleton, summer flows are augmented with releases from McKay Reservoir for irrigation and fisheries. Elevations in the Umatilla River basin range from 270 feet at the Columbia River, to 1170 feet at the McKay Dam outlet stilling pool, to 1280 feet typical high summer pool elevation at McKay reservoir, to above 6,000 feet at the highest peaks of the Blue Mountains.

5.1.1 Major Land Uses

Agricultural land, both dryland and irrigated, comprise about 42% of the basin area. Rangeland and range-forest transition areas account for another 42%, and the remaining portion of the basin is approximately 13% forest and 3% urban and developed areas. Historically, early settlers arrived (1843-1880) to mountains covered with forests and native grasses covering the plateau lands. These early settlers pursued an agrarian lifestyle, primarily raising livestock and with limited crop production. Heavy livestock grazing during the last half of the 1800's and early part of this century, along with expanding cultivation, modified much of this native vegetation. Less desirable, drought tolerant species moved in converting thousands of acres of perennial grasses to sagebrush, rabbit brush, and antelope bitterbrush. Intensive tillage began during the 1880s to 1910s, causing large amounts of native grassland to be converted to dry cropland. Mechanization and government policy reduced the number of horses and the need for large areas of pasture and hay production by the late 1940s. Irrigation water rights date to the 1860s for flood irrigating in creek valleys. Several Bureau of Reclamation projects, beginning in the early 1900s, developed arid areas in the lower Umatilla River Basin. Since the advent of modern irrigation systems, thousands of acres of land in the lower basin have been developed for crop production. Nearly

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85% of the Basin, mostly agricultural and rangeland, is in private ownership. The federal government owns about 9% and the Umatilla Indian Reservation is about 6% of the basin.

The first inhabitants of the basin were the Native Americans. The tribes’ homeland once encompassed 6.4 million acres in NE Oregon and SE Washington. As a result of the 1855 Treaty with the United States Government and subsequent federal legislation, the present day reservation of the Confederated Tribes of the Umatilla (CTUIR) consists of 172,882 acres, which lies entirely within the Umatilla River basin. The ownership of reservation land is: 52% Individual Indian or Tribal ownership and 48% owned by non-Indians.

5.1.2 Major Water Uses

Under Oregon Administrative Rule (OAR) 340-41-0310, the beneficial uses for the Umatilla River Basin include:

• public domestic water supply • private domestic water supply • industrial water supply • irrigation • livestock watering • fish and aquatic life • wildlife and hunting • fishing • boating • water contact recreation • aesthetic quality • hydropower

Fish and aquatic life is considered one of the most sensitive beneficial uses in the basin. The fish use designation for McKay Creek both above and below the reservoir is “salmon and trout rearing and migration”. McKay Creek is not designated for spawning use.

5.1.3 Basin Dams and Diversion Structures

Historically, water stored in McKay dam has been diverted from the Umatilla River into irrigation canals. The original Umatilla Project furnished a full supply of irrigation water to over 17,000 acres and a supplemental supply to approximately 13,000 acres. These lands are divided into three divisions. The East Division is the Hermiston Irrigation District, the West Division is the West Extension Irrigation District, and the South Division includes the Stanfield and Westland Irrigation Districts. In addition, there are approximately 3,800 acres not included in an

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irrigation district that are provided either a full or supplemental water supply from McKay Reservoir under individual storage contracts.

Project features of the East Division are Cold Springs Dam and Reservoir, Feed Canal Diversion Dam and Canal, and Maxwell Diversion Dam and Canal. Three Mile Falls Diversion Dam on the Umatilla River and the 27-mile West Extension Main Canal are the principal features of the West Division. McKay Dam and Reservoir are the only features in the South Division.

Activities were initiated in the mid-1980s under the Umatilla Basin Project to restore instream flows for anadromous fish and allow established irrigation to continue. These activities resulted in Umatilla River channel modifications, construction of fish ladders, fish traps and fish screens, and the construction of water exchange facilities (Phase I and Phase II) to deliver irrigation replacement water from the Columbia River.

Feed Canal Diversion Dam. The Feed Canal Diversion Dam is located on the Umatilla River 1.5 miles southeast of Echo, Oregon. The dam, a concrete, rock, and timber weir with an embankment wing, raises the level of the water in the riverbed 4 feet to provide diversion into the 25-mile-long Feed Canal (maximum operational capability of 220 cubic feet per second) that extends to the Cold Springs Reservoir. This canal and the reservoir originally provided water for late summer releases from the dam.

Maxwell Diversion Dam. The Maxwell Diversion Dam and Canal divert water from the Umatilla River and convey it to lands in the East Division. The dam, located about 1 mile west of Hinkle, Oregon, is a concrete and timber-crib weir with an embankment wing. The dam permits diversion into the Maxwell Canal by raising the water surface 4 feet above the riverbed. The canal is 10 miles long and has an initial capacity of 140 cubic feet per second.

Three Mile Falls Diversion Dam. The Three Mile Falls Diversion Dam is a concrete multiple arch weir which diverts water to the West Division through the West Extension Main Canal. The dam is on the Umatilla River 3 miles south of Umatilla, Oregon, and has a structural height of 24 feet, a hydraulic height of 23 feet, and a crest length of 915 feet. The canal is 27 miles long and has a diversion capacity of 375 cubic feet per second.

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Source: Pacific Lamprey 2012 Annual Report and 2013 Plan, USBOR Report, September, 2013

Figure 5-1 Diversion Dams On The Lower Umatilla River

5.1.3 Tributary Rivers and Streams

McKay Creek confluence with the Umatilla River is at RM 51, or 51 river miles (82 river kilometers) above the confluence of the Umatilla River with the Columbia River near the city of Umatilla. There are three (3) diversion dams on the Umatilla River: one near Echo, one near Hinkle and one is 3 miles above the confluence of the Umatilla River with the Columbia River. Besides McKay Creek, the other major tributaries of the Umatilla River include Butter Creek, Birch Creek, Wildhorse Creek, and Meacham Creek.

5.1.4 Climate

The climate of the entire Umatilla River basin ranges from particularly warm and dry in the lower basin (closest to the Columbia River), to relatively cool and wet in the Blue Mountains. The average annual precipitation near Umatilla and Hermiston is about 9-inches per year, increasing to about 12-inches per year at Pendleton, to as much as 50-inches of annual precipitation in the highest elevations of the Basin.

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The Umatilla Subbasin falls within Oregon’s North Central Climatic Zone 6 (Umatilla/Willow Subbasin Plan, 2004). Climate is considered continental with a winter precipitation pattern and is influenced by marine intrusion through the Columbia River Gorge. The Umatilla subbasin experiences strong seasonal fluctuations in both temperature and precipitation, with a strong influence of elevation on both temperature and precipitation.

Peak river flows normally occur in early spring from a mixture of high elevation snowmelt and rainfall; low stream flows occur in late summer /early fall months. Summer flows below Pendleton are supplemented with releases from McKay Reservoir for fisheries and irrigation purposes. Intense and localized thunderstorms can occur across the basin during the spring and summer, dumping large quantities of water and causing flooding and crop damage.

5.2 GEOLOGY & SOILS 5.2.1 Geology From about 16-million years ago to about 10-million years ago, massive volcanic eruptions spewed lava from fissures in the Earth’s crust. About 300-separate lava flows poured out of the earth and cooled into basaltic rock during this Miocene time period. Since each flow can range in thickness from 3 to 300-feet, the total thickness of all the flows can be greater than 10,000-feet. These rocks, the remnants of those enormous eruptions, are collectively referred to as the Columbia River Basalts (CRB).

The Columbia River Basalt, underlies nearly all of the basin. Regional uplifting formed the Blue Mountains along the south and east borders of the basin. The basalt bedrock is covered with younger sedimentary deposits from glacial and river origins. Alluvium is common in the valleys and floodplains. A layer of loess, windblown silt and fine sand, of various depths, covers the land surface of much of the Umatilla River basin.

In the time between CBR flows, weathering and erosion broke up the top layer of the hard, black basalt; as new flows surged over the old, they created layers of breccia, or rubbly, broken-up rock. Sedimentary deposits are present between some basalt flows. These layers were formed during periods of volcanic inactivity, when streams, lakes, and soil horizons formed on the basalt surface.

5.2.2 Soils

Weathering of volcanic bedrock and/or volcanic ash and pumice is the primary soil derivative in the project vicinity. There are about 75 different soils in the Umatilla subbasin ranging from highly fertile loess and sand to ash derived from eruptions of volcanoes such as Mt. St. Helens in

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1980, Mt. Mazama 6,000 years ago, and Glacier Peak 11,250 years ago. Soils in the Blue Mountains and their foothills were formed in a variety of parent materials, including volcanic ash, residuum, loess, and colluvium. Soils in the lower basin were formed in aeolian sand, loess (wind-blown), alluvium and lacustrine sediment. Sandy soils are common at lower elevations of the Umatilla subbasin near the Columbia River, where swiftly moving waters, such as those associated with the Missoula Floods, deposited large-sized particles such as sand and gravel. A soil map of the immediate vicinity of the proposed project area can be seen below in Figure 5-2.

5.3 WATER RESOURCES

5.3.1 DRAINAGE AREA

The McKay Reservoir is approximately 1,316 acres in surface area at the typical summer pool elevation of 1,280 feet msl, with a 186 square mile drainage basin upstream of the dam. The tailwater elevation is typically at 1,170 feet msl. The reservoir is approximately 2.2 miles in length upstream from McKay Dam. In Figure 5-3 is a USGS map showing the McKay Reservoir watershed.

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Figure 5-2, Soil Map in Project Vicinity McKay Dam Project Number 14546 Houtama Hydropower LLC May, 2016 Page 5- 7 20160531-5268 FERC PDF (Unofficial) 5/31/2016 7:51:12 AM

Figure 5-2 (continued), Soil Map in Project Vicinity

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Figure 5-3-McKay Reservoir Watershed

5.3.2 STREAMFLOW, GAGE DATA, AND FLOW STATISTICS

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The average annual flow at McKay Dam is approximately 109 cfs. Based on data from the MCKO Hydromet Station, approx. 1,300 feet downstream of the McKay Dam outlet, peak flows occur in summer, with low flows occurring during winter, in particular, November, December, January and February (see table 5-1 below). The flow duration curves can be seen in Section 4. Figure 5-4 contains the stream statistics from USGS (see below).

Table 5-1. Flows (CFS) from McKay Dam, Average Data 1974-2015

Average Maximum Minimum

Jan 23 585 0 Feb 40 1,240 0 Mar 80 1,020 0 Apr 147 1,180 0 May 131 2,880 0 Jun 167 1,170 0 Jul 234 445 91 Aug 222 380 0 Sep 146 330 0 Oct 79 267 0 Nov 40 181 0 Dec 4 16 0

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Figure 5-4. USGS StreamStats Basin Characteristics

5.3.3 Existing and Proposed Uses of Water The primary role of the McKay Dam and McKay Reservoir is for irrigation, fisheries, flood control, recreation, and fish and wildlife management. Proposed power generation would use existing flows provided at the Dam. The proposed Project will have no water uses other than energy generation.

5.3.4 Existing Instream Flow Uses The BOR authorization requires 10 cfs minimum flow releases at all times the reservoir is not releasing for other purposes. The proposed Project will not affect existing instream flows.

5.3.5 Existing Water Rights HH will obtain the necessary permits, authorizations, and water rights from the State of OR to operate the hydroelectric facility. The proposed Project will not affect any senior or junior rights to use the water for irrigation or other authorized purposes.

5.3.6 Reservoir Bathymetry/Stream Morphometry

The McKay Reservoir created by the McKay Dam will not be within the project boundary of the proposed Project. Proposed project operations will not affect reservoir elevations. HH proposes only minor, construction related changes to the McKay Dam Outlet works immediately adjacent to of the Project. McKay Dam Project Number 14546 Houtama Hydropower LLC May, 2016 Page 5- 12 20160531-5268 FERC PDF (Unofficial) 5/31/2016 7:51:12 AM

5.3.7 Water Quality Standards

Selected Oregon water quality standards associated with these beneficial uses are summarized in Table 5-2. Table 5-2. Temperature and Dissolved Oxygen Standards Applicable to the Project Reach of McKay Creek

WQ PARAMETER OREGON WQ STANDARD Temperature 7-day average max: ≤ 18 °C (64.4 °F) Dissolved oxygen minimum: 4.0 mg/L 7-day minimum mean1: ≥ 5.0 mg/L 30-day mean minimum2: ≥ 6.5 mg/L

5.3.8 Existing Water Quality Conditions

Temperature Temperatures measured in the McKay creek downstream of McKay dam appear to remain within state standards throughout the summer, as cold-water reservoir releases strongly influence downstream temperatures. It is likely that McKay Reservoir develops thermal stratification during late summer and fall resulting in warm surface water and cold bottom water. The project would withdraw water from McKay Reservoir through the existing outlet works, i.e. the project would not change the depth of water withdrawal. The amount and timing of withdrawals would be unchanged from existing conditions. Thus the temperature of the water discharged into McKay Creek would be the same with or without the project3.

Dissolved Oxygen

1 "Weekly (seven-day) Minimum Mean" for dissolved oxygen means the minimum of the seven consecutive-day floating average of the daily minimum concentration. For application of the criteria, this value is the reference for diurnal minimums. 2 “Monthly (30-day) Mean Minimum" for dissolved oxygen means the minimum of the 30 consecutive-day floating averages of the calculated daily mean dissolved oxygen concentration 3 By conservation of energy principles it can be shown that the hydroelectric project would eliminate water heating that occurs during turbulent discharge through jet valves. The net effect is that discharge through the project turbines would decrease water temperature slightly compared to discharge through the existing jet gates. This decrease in temperature would be a positive impact on McKay Creek water quality. McKay Dam Project Number 14546 Houtama Hydropower LLC May, 2016 Page 5- 13 20160531-5268 FERC PDF (Unofficial) 5/31/2016 7:51:12 AM

It is likely that deep water strata in McKay Reservoir become oxygen-depleted during late summer and fall since this occurrence is common in similar reservoirs throughout the region. The existing outlet works, which are located on the bottom of the reservoir at a water depth exceeding 100 ft. at normal high water, would therefore withdraw water having low dissolved oxygen (DO) during a portion of the year. Currently, DO is replenished during turbulent discharge through the dam’s jet flow gates so that water released into McKay Creek below the dam is likely to have DO levels near saturation. During hydroelectric operations, some (or all) of the water would be released through the powerhouse turbine rather than through the existing jet flow gates. As a result, the aeration benefit provided by the jet gates would be lost and water entering the McKay Creek could have reduced DO compared to current conditions. In some circumstances these DO levels might not meet state water quality standards. To counter this effect, the Applicant would install aspirators in the turbine draft tube to increase DO levels as needed. If this measure could not provide re-aeration adequate to meet the state DO standard then additional measures would be taken such as use of the additional equipment to mix in the amount of DO saturated water required to meet state standards. The Applicant would develop a detailed DO management plan to describe the measures that would be taken to assure that state standards are met.

5.4 FISH AND AQUATIC RESOURCES

The proposed project is located in the Umatilla subbasin and the Columbia Plateau ecoregion. The facility would be placed at the northern side of the existing McKay Reservoir which is within the 1,837-acre McKay Creek National Wildlife Refuge (Refuge), part of the Mid- Columbia National Wildlife Refuge Complex. The reservoir is jointly managed by the US Bureau of Reclamation (BOR) and the US Fish and Wildlife Service (FWS) for irrigation water and wildlife habitat. The FWS manages the lands, whereas the water levels are regulated by the BOR. The McKay Reservoir provides irrigation water during the summer. Consequently, flows below the dam result in cooler water, benefitting cold-water fisheries. Although the refuge is managed for a variety of wildlife species, there is an emphasis on waterfowl, particularly wintering waterfowl, which results in the reservoir being closed to fishing between October through February, and completely closed from the end of waterfowl hunting season until the first of March.

The area examined in this PAD for biological resources varied according to the resource type. Vegetation, including wetlands and riparian habitat, were examined in an approximately 30-acre area between McKay Dam west to Highway 395, south to SW Cherry Avenue and north to the Bureau of Reclamation parking lot at SW Lake Drive, an area located within the Refuge. This is the area in which all facilities would be located and through which construction access would occur.

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Because of wildlife mobility, the study area was expanded to the south to include all habitat to Elizabeth Drive for general wildlife (approximately 80 total acres) and to the refuge as a whole for some sensitive wildlife species, particularly those in which construction noise could potentially affect a species during a sensitive time period, or species that primarily use the reservoir habitats but which could travel through the facility area. Aquatic resources were considered from the dam face to a point approximately 1 mile downstream to the large meanders at Heavens Lane. Fishery examination was also extended upstream to McKay Reservoir due to potential project changes in entrained fish mortality. The project would not change the reservoir operation and therefore would not have any effect on the extent or distribution of reservoir habitats, or the degree to which fish are currently entrained.

5.4.1 Fish Entrainment and Turbine Mortality The proposed project design, which uses the existing McKay Dam outlet works, would release water from exactly the same reservoir depth and location as under existing conditions. The project would not change the amount and timing of water release and would not change the rate of reservoir drawdown. Therefore the project would not increase fish entrainment compared with existing conditions. Currently, entrained fish are ejected into the McKay Creek through jet flow valves in the existing outlet conduits. Under hydropower operations, entrained fish would instead pass through the powerhouse turbine. Although the level of fish entrainment would not change, fish survival could be affected by the transfer of discharge from the jet flow gates to the powerhouse. The Applicant has conducted a preliminary review of literature regarding fish mortality through gates and turbines with the following general observations:

• Limited study data on high pressure jet flow gate valves installed on deep reservoir outlets suggests that mortality for fish entrained through jet gates may be as high as 60% - 80%. Mortality is caused by a combination of gate strike and extreme pressure differential as the fish are accelerated through the gate orifice into atmospheric conditions. • The Electric Power Research Institute (“EPRI”) evaluated turbine mortality for 14 projects that utilize Francis turbines (see table 5-3 below). The observed turbine-induced mortality ranged from 4% to 48% with an average of 24%.

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TABLE 5-3. Turbine Related Fish Mortality: Review & Evaluation of Studies

5.4.2 Lower McKay Creek Fisheries Management The McKay Dam and Reservoir represent existing facilities within the Umatilla Basin Project, managed by the Bureau of Reclamation. The Umatilla Basin Project is a large and complex project which includes McKay Reservoir as well as another reservoir (Cold Springs), five diversion dams, several water exchanges, and a mix of both federal and local components. It was authorized in 1905 and McKay Reservoir constructed and operational in 1927. McKay Dam Project Number 14546 Houtama Hydropower LLC May, 2016 Page 5- 16 20160531-5268 FERC PDF (Unofficial) 5/31/2016 7:51:12 AM

In 1988, the Umatilla Basin Project Act was passed by Congress which required mitigation to be developed for anadromous fish while still providing water to irrigation districts. Phase I and II mitigation strategies were developed to meet these objectives which included a mix of water exchanges, screening and instream flow requirements. McKay Reservoir is instrumental in a portion of the water exchange, as Columbia River water is provided to irrigation Districts in exchange for leaving irrigation water both in the Umatilla River and McKay Reservoir, with the reservoir water released to provide higher summer flows in the Umatilla River downstream of the junction with McKay Creek (Umatilla River Mile [RM] 50.5). Additionally, a 10 cfs minimum flow was established in McKay Creek. Two Biological Opinions (“BO”) were recently issued on the entire Umatilla Basin Project operation. The National Marine Fisheries Service (NMFS) concluded in 2004 “that the operation of the Umatilla and Umatilla Basin Projects is not likely to jeopardize the continued existence of ESA-listed Middle Columbia River (MCR) steelhead (Oncorhynchus mykiss), or destroy or adversely modify designated critical habitat” (NMFS 2004). Reasonable and Prudent measures were required which included the McKay Creek minimum flow. The FWS (2008) concluded the Umatilla Project as a whole (including the operation of McKay Reservoir) would not likely jeopardize the continued existence of the Columbia River DPS of the bull trout, or destroy or adversely modify designated critical habitat, but that some incidental take and adverse effects would likely occur at the McKay Creek fish barrier during maintenance activities, requiring implementation of specific measures to limit effects during annual maintenance activities. The fish barrier maintenance activity area is 5 miles from the Project and is well outside of the proposed Project area of influence. According to the ODFW, Columbia Basin redband trout (O. mykiss gairdneri), a State Sensitive species, spring and fall Chinook salmon (O. tshawytscha), coho salmon (O. kisutch), Pacific lamprey (Lampetra tridentata), mountain whitefish (Prosopium williamsoni), Northern pikeminnow (Ptychocheilus oregonensis), and native sucker species (Catostomidae) utilize McKay Creek for all or part of their life cycle. However, a fish barrier located approximately 5 miles downstream of the McKay Dam restricts passage for all but very small juvenile fish (less than 1 inch). The fish barrier was constructed in 1995 at the request of NOAA Fisheries, ODFW, and CTUIR, to prevent adult salmon and steelhead from accessing the lower six miles of the stream below McKay Reservoir. The barrier is constructed of slanted bars spaced at 1 inch intervals to prevent passage of adult salmonids. The rationale for the barrier was that the cold water releases from McKay Reservoir were attracting adult fish which was undesirable as they were being attracted away from more productive streams and were subject to stranding when winter flows dropped (CTUIR 2001). However, young fish can move through the barrier and use portions of the lower McKay Creek for juvenile rearing. The barrier is cleaned annually and during that time, McKay Creek is dewatered and fish removed as part of a salvage operation. During the salvage operations in December 1999, approximately 2,300 juvenile Coho salmon, 1,100 juvenile steelhead/rainbow trout, one adult McKay Dam Project Number 14546 Houtama Hydropower LLC May, 2016 Page 5- 17 20160531-5268 FERC PDF (Unofficial) 5/31/2016 7:51:12 AM

steelhead, 600 whitefish, and two bull trout (15 inches in length) were salvaged from McKay Creek near the confluence with the Umatilla River and released into the Umatilla River. An additional several adult salmon and several hundred juvenile salmonids did not survive the salvage (CTUIR 2001). Native rainbow trout (O. mykiss) were also identified elsewhere in McKay Creek during electroshocking and habitat surveys (Sutton 2009), but there was no identification of which individuals represented anadromous (i.e., steelhead) vs. resident juvenile fish (i.e., redband trout). The McKay Creek aquatic habitat has been classified as degraded, in part because of annual low flows downstream of the dam which limit movement within the stream during winter, although the McKay Creek habitat use and availability study along selected transects (mostly located in lower McKay Creek) identified that 10 cfs is suitable for overwintering O. mykiss (Sutton 2009). The BOR also evaluated the general condition of McKay Creek from the dam to the junction with the Umatilla River. The qualitative assessment indicated that McKay Creek was generally functioning between “At Risk” and “Not Properly Functioning” for most indicators (e.g., pool quality and frequency, see Table 5-4 below). In particular, the high width/depth ratio results in fish passage barriers due to insufficient riffle depths during winter low flows and limits year round habitat. Potential low flow fish barriers were specifically noted by Sutton (2009) at points located 2.1 and 3.6 miles from the Umatilla River junction within residential areas (or 3.9 and 2.4 miles downstream of dam). The creek however does provide cool water for summer rearing habitat during irrigation releases (May through October).

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Table 5-4. McKay Creek Habitat Characterization

FWS (2008) has identified that the threatened bull trout occupy, at least in some years, the mouth of McKay Creek, 5 miles downstream of the McKay Reservoir and dam. Two 15 inch bull trout were collected in December 1999 at the McKay Creek fish barrier and one 12 inch bull trout was

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found in the Umatilla River at the junction with McKay Creek in 2005. No bull trout were documented in McKay Creek during collections at the fish barrier in 2003, 2004 or 2006. The Umatilla River 5 miles downstream from McKay Dam, is designed as critical bull trout habitat. There is no critical bull trout habitat in McKay Creek (see Appendix D) and there are no known bull trout in the vicinity of the dam. Pacific lamprey are not known to currently occur in McKay Creek, but occur in the Umatilla River and were thought to occur historically throughout the Umatilla River Basin (NWPCC 2004).

5.4.3 McKay Reservoir Fisheries McKay Reservoir supports a warm-water fishery that includes black crappie (Pomoxis nigromaculatus), yellow perch (Perca flavescens), and brown bullhead catfish (Ameiurus nebulosus), with lesser numbers of largemouth (Micropterus salmoides) and smallmouth bass (Micropterus dolomieu) (ODFW 2012). The reservoir has been sampled by ODFW in the spring since 1992 and in the past two sampling efforts (2008 and 2012), black crappie and yellow perch were the most common gamefish encountered. Rainbow trout (Oncorhynchus mykiss) are known to occur in the reservoir, and were historically stocked there. Reservoir trout stocking has not been done for at least 25 years (William Duke, ODFW, pers. comm.). Largemouth bass have been stocked every few years since 1999. At full pool, McKay Reservoir contains 1,316 acres of water, but it is drawn down to an average of 250 acres of water by late September. The BOR (1988) committed to generally maintaining a minimum reservoir pool of 6,800 acre-feet. However, operations during severe drought conditions have resulted in minimum elevations below 6,800 acre-feet at times (NMFS 2004, FWS 2008). The reservoir has been characterized as eutrophic with heavy blue-green algal blooms (Aphanizomenon flos-aquae) developing (Atlas of Oregon Lakes 2015). Thermal stratification has been observed, with a thermocline noted at a depth of 13 feet (4 meters) near the end of June and suspected anoxic conditions occurring during the summer. Lake maximum depth is 118 feet near the outlet in the old creek channel, with an average depth of 47 feet. These drawdowns limit the ability of the reservoir to provide spawning habitat for some species. Although, largemouth bass can spawn in the reservoir littoral zone, the annual drawdowns typically expose the eggs and limit spawning success. Black crappie and yellow perch do appear to successfully reproduce in the reservoir (ODFW 2009, 2012). The proposed project would not affect the reservoir drawdown schedule, the existing intake, or include any work within the reservoir. The only potential project impact would be to affect the survival rate of fish entrained through the existing intakes. The current survival rate is unknown but has generally been identified as very low through jet valves through a combination of high

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head (early in the season during full reservoir stages) and high within pipe velocity (later season releases) (EDRI 1992, 1997, FERC 1995, GeoSense 2011). There is no screening on the current McKay Dam intake and no fish passage at McKay reservoir.

5.5 WILDLIFE RESOURCES

The Refuge is closed to big game hunting but is open for fall upland bird and waterfowl hunting. Upland game birds such as pheasant, quail, wild turkey and gray partridge could all occur within or adjacent to the project area. A total of 173 birds have been observed on the overall Refuge (Skirvin 2013). Species commonly observed near the reservoir include osprey (Pendion haliaetus), bald eagle, a number of species of waterfowl, migrating waterbirds, (which use the exposed mudflats along the reservoir), and songbirds such as yellow warblers (Dendroica petechia) and song sparrows (Melospiza melodia). Mallards (Anas platyrhynchos) and Canada geese (Branta canadensis) comprise the majority of waterfowl, while American wigeon (Anas americana), green-winged teal (Anas crecca), and pintail (Anas acuta) account for smaller numbers. Most of the documented bird species are drawn to the Reservoir lacustrine habitat and associated wetlands and not necessarily to the downstream habitat. Species more common along McKay Creek would include adjacent upland species such as mule deer, although osprey, bald eagle and other species would likely pass through and osprey might nest in the cottonwoods downstream of the dam.

5.5.1 Wildlife Resources and Habitats in the Project Vicinity

Wildlife species using the upland habitats in or adjacent to the proposed facility include a number of fairly common species such as ring-necked pheasant (Phasianus colchicus), California quail (Callipepla californica), raccoon (Procyon lotor), striped skunk (Mephitis mephitis), mule deer (Odocoileus hemionus) (FWS 2015), and other species passing through the habitats to McKay Creek. The upland cottonwood forest occurs only in small patches, but is likely used by a number of raptors and owls for perching (such as red-tailed hawk [Buteo jamaicensis], great-horned owl [Bubo virginianus], and bald eagle [see sensitive species discussion]), as well as a number of songbirds, raven and the black-billed magpie (Pica hudsonia). Sagebrush habitat would likely also provide some habitat for mule deer, coyote (Canis latrans) and western meadowlark (Sturnella neglecta), with raptors using the area for foraging.

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Out of 173 bird species recorded within the Refuge (Skirvin 2013), 55 tend to occur mostly within upland habitats and include the species listed above along with other upland game birds such as gray partridge and wild turkey, and other species (see Appendix D). The remaining bird species, or 118 of the 173 species on the checklist, represent species more generally associated with wetland, open water or riparian habitats. The Umatilla County Natural Resource Map Overlays show no critical deer or elk winter range on or adjacent to the site, with the nearest mapped ungulate winter range more than 5 miles away (Umatilla County 2011 Critical Habitat overlays). A prairie falcon nesting area occurs in the cliffs near Nye, approximately 14 miles southwest of the site. The cliffs were previously mapped as a Umatilla County Significant Natural Resource area. Prairie falcons are no longer listed as sensitive species, but they continue to nest in the Nye cliffs and have been observed on the Refuge.

5.6 BOTANICAL RESOURCES

A reconnaissance review of the proposed facility location was conducted on June 9 by a professional ecologist/certified Wetland Scientist. Seven general vegetation types within or immediately adjacent to the proposed facility footprint were identified, in addition to the McKay Creek aquatic habitats. These habitats are described below and referred to in subsequent sections. The proposed powerhouse would be located on an existing bare gravel surface, and the new 125 feet of transmission line would cross over the same bare surface. Access would occur via existing gravel roads that are primarily bordered by a mix of weedy grassland and upland cottonwood forest, but that do traverse some sagebrush habitat. The grassland and upland cottonwood forest understory contain numerous invasive species such as cheatgrass, other annual bromes, Russian thistle and mullein. Noxious weeds include kochia, goatgrass, poison hemlock and Scotch thistle. Although no botanical surveys were conducted for this PAD, the large number of non-native invasive species and the dense understory cover by blue wildrye suggests unlikely habitat for sensitive plant species. Wetland Riparian Forest which mostly consists of a narrow strip up to approximately 5 feet wide either side of McKay Creek and dominated by a mix of black cottonwood (Populus trichocarpa), elderberry (Sambucus spp.) and honey locust (Gleditisia triacanthos). Herbaceous Wetland, located on streambanks and islands and in low areas within the upland. The streambank wetlands are dominated by reed canary grass (Phalaris arundinacea) and range in width from 5 to 30 feet. Two islands occur within McKay Creek within the area examined, and are dominated by a mix of reed canary grass, and other hydrophytic grasses, sedges and rushes. A small nettle-bordered (Urtica dioica) wetland is maintained at the base of the dam via seepage through the dam. McKay Dam Project Number 14546 Houtama Hydropower LLC May, 2016 Page 5- 22 20160531-5268 FERC PDF (Unofficial) 5/31/2016 7:51:12 AM

Upland Cottonwood Forest Remnant, located on the old stream floodplain, is dominated by larger cottonwoods with an understory of snowberry (Symphoricarpos albus) and cleavers (Galium aparine). Depressions within the wooded area contain teasel (Dipsacus fullonum) and poison hemlock (Conium maculatum) and may represent jurisdictional wetlands. Weedy Grassland occurs along the existing gravel access roads up to the dam face and includes a mix of planted grassland (Elymus glaucus, Agropyron cristatum) with cheatgrass and other annual bromes (Bromus spp), goatgrass (Aegilops cylindrica), Russian thistle (Salsola kali), kochia (Kochia scoparia), Scotch Thistle (Onopordum acanthium), mullein (Verbascum thapsus), along with scattered native species such as silverleaf phacelia (Phacelia hastata). Upland meadow occurs on the dam face and contains a diverse mix of seeded non-native wildflower species such as bachelor buttons (Centaurea cyanus) with cheatgrass (Bromus tectorum) and natives such as silverleaf phacelia and biscuit root (Lomatium spp). Bare gravel surfaces occur inside the existing dam outlet works facility and on existing gravel access roads to the dam. Sagebrush Steppe patches occurs to the south of the proposed facility location. Construction traffic would traverse the existing roads through the sagebrush area, which has been affected by evident recreational off-road vehicle use. Summaries of existing data or studies regarding biological resources are incorporated into individual sections. The upland cottonwood forest remnant is small in size (approximately 1.3 acres in 3 patches), but provides shade for visitors to the site and is important wildlife habitat. Scattered biscuitroots (Lomatium spp.) which are culturally important Native American plants were observed scattered on the existing McKay Dam face. However, it is unlikely that they could be collected in this location without the root digging compromising the dam integrity.

5.7 WETLANDS, RIPARIAN, AND LITTORAL HABITAT

McKay Reservoir, which is upstream of the project area, is mapped as 1070.9 acres of lacustrine habitat (L2USch and L1UBHh, see Appendix D). Of the lacustrine habitat, 991 acres are mapped as seasonally flooded and 79.9 acres as permanently flooded. There are approximately 197 acres of wetlands adjacent to the reservoir with 160 of these acres within a large emergent marsh- scrub-shrub complex at the southern end of the reservoir where McKay Creek enters and beginning approximately 2.75 miles south of the proposed facility. The reservoir fluctuates annually according to irrigation releases, between full pool (all mapped lacustrine habitat, plus additional flooded wetlands up to a total of 1,300 flooded acres) to minimum pool (mapped at approximately 80 acres on the NWI map, but averaging 250 acres). Water levels drop substantially during the summer and fall exposing extensive mud flats in the McKay Dam Project Number 14546 Houtama Hydropower LLC May, 2016 Page 5- 23 20160531-5268 FERC PDF (Unofficial) 5/31/2016 7:51:12 AM

shallower southern half of the reservoir and along the shoreline, with only the old submerged creek channel providing aquatic habitat in the fall. The variability in lacustrine and mudflat habitats on an annual basis occurs under existing releases and the proposed hydroelectric project would not change this cyclic variability. A stilling basin occurs immediately downstream of the dam and approximately 100 feet from the existing dam outlet. The stilling basin is classified on the NWI map as a permanently-flooded upper perennial stream area (R3UBH, 0.77 acres). The NWI map identifies 0.66 acres of wetland adjacent to McKay Creek and 0.44 at the base of the dam (Appendix D). Overall, there are a total of 1.87 acres of NWI-mapped wetlands within the 30-acre potential vegetation direct impact area. The wetlands currently fringing McKay Creek are not mapped on the NWI, but would represent jurisdictional wetlands. The riparian wetlands downstream of the dam are dominated by persistent vegetation and remain at a similar acreage year-round. The width and depth of the McKay Creek aquatic habitats vary seasonally according to existing irrigation releases (Sutton 2009). At the time of the June reconnaissance releases were approximately150 cfs, and water covered the entire streambed, which would be partially to mostly exposed in the fall once irrigation flows cease.

• No cottonwoods or other trees would be cut and the project would not affect existing flows, although there could be some minor changes in flow release associated with the new outlet that could affect wetlands immediately downstream of the dam. • Construction will occur adjacent to McKay Creek and may require some instream work. All work would follow the State instream work guidelines and use standard erosion control measures (such as cofferdams, silt fences) to prevent siltation into aquatic habitats.

5.8 THREATENED, ENDANGERED, AND SPECIAL STATUS SPECIES

Federally Listed Species A September 1, 2015 US Fish and Wildlife Service database inquiry (IPaC Report, see Table 5-5 and Table 5-6) identified three federally listed or candidate species that may occur in the project vicinity: gray wolf, Washington ground squirrel and greater sage grouse. The sage grouse status changed on September 30, 2015 and it is no longer a federal candidate species, but it remains a State sensitive species. The IPaC report also identified 19 sensitive bird species that could occur and mapped critical habitat for one listed fish species. Although not included in the IpaC report, the threatened bull trout and summer steelhead have been documented in lower McKay Creek and may occur further upstream (NMFS 2004, FWS 2008). McKay Creek is also classified as critical habitat for the Mid-Columbia River steelhead Distinct Population Segment (DPS).

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Although not federally listed, the Middle Columbia Chinook salmon and Pacific lamprey are sensitive species/species of concern throughout the Umatilla River Basin. Federally listed/candidate and sensitive wildlife species are discussed below. Fish species and their critical habitat are discussed in Section 5.4. The status of the gray wolf has varied over recent years. At present, the gray wolf to the east of Highway 395 has been federally delisted, while the gray wolf to the west of the highway remains listed as endangered. The proposed project facility is located immediately east of Highway 395, where the wolf has been federally delisted. The wolf can occur in a number of different habitat types, with key features being relatively low road density/human access and an abundant food supply, with the primary prey being ungulates (deer, elk and moose). There are no documented wolf populations in the project vicinity (ODFW 2015), with the nearest populations (Meacham and Desolation packs) more than 30 miles away. It is possible that a wolf could traverse the area, but it is not likely a pack would be established near the proposed facility because of the adjacent residential areas. The sagebrush steppe habitat of the Columbia Plateau is generally mapped as historic or potential Washington ground squirrel habitat, and the project site is located within the range of potential Washington ground squirrel habitat (Betts 1990, Yensen and Sherman 2003, Klein 2005). The largest population in Oregon occurs in Boardman, Morrow County more than 40 miles to the west of the facility, but colonies have also been located in Umatilla County near the Columbia River. Key habitat features include deep, sandy or silt-loam soils with abundant/diverse forage during the ground squirrel’s short late winter to spring active period, and cover for predator avoidance. See Figure 5-2 for the Umatilla County area NRCS soil map of the expanded study area for the McKay Hydroelectric Project. The proposed project facility is underlain by Pilot Rock silt loam, which is a suitable texture, although it’s shallowness in places (20 to 40 inches to a hard pan) could limit burrowing. Although the proposed project falls within potential Washington ground squirrel, it is not known to occur on the refuge.

Table 5-5. Federally-Listed Threatened, Endangered or Candidate Species that May Occur in the Project Vicinity State Scientific Name Federal Status Habitat Status

Mammal Species

Gray Wolf Endangered Endangered Variety of habitats, mostly forested in Oregon, abundant prey Canis lupus base

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Washington ground Candidate Endangered Shrub steppe habitats underlain squirrel by silty loams, and with native plants producing high nutritional Urocitellus washingtoni seed.

Bird Species

Greater sage grouse Former Candidate, Sensitive Sagebrush steppe removed 9/30/15 Centrocercus urophasianus

Fish Species

Bull trout Threatened Sensitive Cold water habitats with habitat complexity. Salvelinus confluentus

Middle Columbia River Threatened, changed None Steelhead DPS to nonessential exper population in 2013 Oncorhynchus mykiss

Source: IPaC Report on Umatilla Basin Project Biological Opinions, September 1, 2015

The greater sage grouse was a federal candidate species that the FWS determined on September 30, 2015 does not warrant protection under the Endangered Species Act at this time, but for which conservation actions may still be necessary. Sage grouse are intricately tied to sagebrush habitat which they depend upon for cover and food during much of their life cycle, as well as other nearby habitats such as native grasslands, wetlands, and riparian areas for brood rearing. Sagebrush habitat does occur within the facility area, but it is fairly degraded by ATV use. Sage grouse leks (important breeding grounds) have been extensively mapped and priority areas for conservation identified. The proposed project facility occurs within historic greater sage grouse habitat, but is not within either currently occupied habitat or a priority conservation area (Hagen 2011). There are no nearby mapped leks and the sage grouse is not known to occur on the Refuge (FWS 2015). Currently there are no documented occurrences of any federally listed or candidate wildlife species within the proposed project facility area. Federal Special Status Species Table 5-6 below lists the 19 sensitive bird species with a potential to occur in the project vicinity. Of the 19 sensitive bird species, four are raptors, two are owls, two fall within the waterfowl/shorebird group and two are woodpeckers. The remaining species fall within the McKay Dam Project Number 14546 Houtama Hydropower LLC May, 2016 Page 5- 26 20160531-5268 FERC PDF (Unofficial) 5/31/2016 7:51:12 AM

passerine group. No mammals, reptiles, amphibians or plant species were included on the USFWS IPaC list. Sensitive fish resources are discussed in Section 5.4. The species habitats provided in the table were derived from multiples sources including information and links provided in the IpaC Report, Natureserve (2015) and Csuti et al. (2001). Because the IPaC report provides a listing of species from a larger area than just the facility footprint, the actual use of the proposed facility vicinity by species typically found in forested habitats, such as the flammulated owl, white headed woodpecker, Calliope hummingbird, and Cassin’s finch, is unclear (see for example, Bull et al. 1990). The Calliope hummingbird and Cassin’s finch have been observed on the Refuge (Skirvin 2013), but it is not clear if these represented transient observations or not, as the area is not forested. The other sensitive bird species fall within two general groups: those that primarily utilize open water, mudflats, wetland shrub thickets and emergent marshes and those that primarily occur in sagebrush steppe/ grassland habitats, although many of the species will use more than one habitat. Most of the open water/wetland habitats are associated with the McKay Reservoir, upstream of the proposed project, and particularly at the southern end of the reservoir where McKay Creek enters. The large wetland complex at the southern end is where most of the sensitive wetland bird habitat occurs. Bald eagle is the most likely of the wetland-dependent sensitive species to occur within the facility area, where it could perch in the cottonwoods and potentially fish in McKay Creek downstream of the dam, particularly seeking out any entrained fish injured going through the existing jet valve or stranded by low flows. The bald eagle prefers habitats near large bodies of water that contain an abundance of fish and requires mature trees for perching, roosting, and nesting. Selected trees must have good visibility, an open structure (canopy cover between 20 to 60%), and proximity to prey. The facility area of influence does contain these habitat components, although the forested habitat directly bordered the reservoir may provide better habitat. The bald eagle was listed as a federally threatened species but a notice of delisting was placed in the federal register on July 9, 2007, with the delisting effective August 8, 2007. The species is still listed by Oregon as threatened and continues to be federally protected under the Bald and Golden Eagle Protection Act (Eagle Act) and the Migratory Bird Treaty Act. Both laws prohibit killing, selling or otherwise harming eagles, their nests or eggs. The Eagle Act was modified on June 5, 2007 to define “disturb” as a prohibited act. The final definition defines “disturb” as to “agitate or bother a bald or golden eagle to a degree that causes, or is likely to cause, based on the best scientific information available, 1) injury to an eagle, 2) a decrease in its productivity, by substantially interfering with normal breeding, feeding, or sheltering behavior, or 3) nest abandonment, by substantially interfering with normal breeding, feeding, or sheltering behavior” (72 FR 31132). Sagebrush steppe and grassland occur adjacent to the proposed facility and represent the habitats through which construction access would occur. The habitats have been degraded by ATV traffic and contain a large noxious weed component. It is unclear if any sensitive sagebrush/grassland

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breeding species would actually breed near the facility, with other areas of less disturbed habitat on the refuge. The sensitive species most likely to use these habitats would be the raptors (ferruginous hawk, Swainson’s hawk, possibly peregrine hawk) which could use the area for hunting. Ferruginous and Swainson’s hawks tend to forage in grasslands where healthy prey populations occur, such as jackrabbits, ground squirrels and pocket gophers (Olendorff 1993). Both species also hunt over agricultural lands, which border the Refuge to the east. Although no longer considered sensitive, a prairie falcon nesting area occurs in the cliffs near Nye, 12 miles southwest of the site. Both peregrine and prairie falcons have been observed hunting/soaring over the Refuge. The long-billed curlew uses both upland and wetland habitats and may potentially use portions of the grasslands adjacent to the project access road, although as for other breeding birds, its use within the project potential direct area of influence likely would be precluded by existing human activity.

Federal Special Status Species Table 5-6 lists the 19 sensitive bird species with a potential to occur in the project vicinity. Of the 19 sensitive bird species, four are raptors, two are owls, two fall within the waterfowl/shorebird group and two are woodpeckers. The remaining species fall within the passerine group. No mammals, reptiles, amphibians or plant species were included on the USFWS IPaC list. Sensitive fish resources are discussed in Section 5.4. The species habitats provided in the table were derived from multiples sources including information and links provided in the IpaC Report, Natureserve (2015) and Csuti et al. (2001). Because the IPaC report provides a listing of species from a larger area than just the facility footprint, the actual use of the proposed facility vicinity by species typically found in forested habitats, such as the flammulated owl, white headed woodpecker, Calliope hummingbird, and Cassin’s finch, is unclear (see for example, Bull et al. 1990). The Calliope hummingbird and Cassin’s finch have been observed on the Refuge (Skirvin 2013), but it is not clear if these represented transient observations or not, as the area is not forested. The other sensitive bird species fall within two general groups: those that primarily utilize open water, mudflats, wetland shrub thickets and emergent marshes and those that primarily occur in sagebrush steppe/ grassland habitats, although many of the species will use more than one habitat. Most of the open water/wetland habitats are associated with the McKay Reservoir, upstream of the proposed project, and particularly at the southern end of the reservoir where McKay Creek enters. The large wetland complex at the southern end is where most of the sensitive wetland bird habitat occurs. Bald eagle is the most likely of the wetland-dependent sensitive species to occur within the facility area, where it could perch in the cottonwoods and potentially fish in McKay Creek downstream of the dam, particularly seeking out any entrained fish injured going through the existing jet valve or stranded by low flows. The bald eagle prefers habitats near McKay Dam Project Number 14546 Houtama Hydropower LLC May, 2016 Page 5- 28 20160531-5268 FERC PDF (Unofficial) 5/31/2016 7:51:12 AM

large bodies of water that contain an abundance of fish and requires mature trees for perching, roosting, and nesting. Selected trees must have good visibility, an open structure (canopy cover between 20 to 60%), and proximity to prey. The facility area of influence does contain these habitat components, although the forested habitat directly bordered the reservoir may provide better habitat. The bald eagle was listed as a federally threatened species but a notice of delisting was placed in the federal register on July 9, 2007, with the delisting effective August 8, 2007. The species is still listed by Oregon as threatened and continues to be federally protected under the Bald and Golden Eagle Protection Act (Eagle Act) and the Migratory Bird Treaty Act. Both laws prohibit killing, selling or otherwise harming eagles, their nests or eggs. The Eagle Act was modified on June 5, 2007 to define “disturb” as a prohibited act. The final definition defines “disturb” as to “agitate or bother a bald or golden eagle to a degree that causes, or is likely to cause, based on the best scientific information available, 1) injury to an eagle, 2) a decrease in its productivity, by substantially interfering with normal breeding, feeding, or sheltering behavior, or 3) nest abandonment, by substantially interfering with normal breeding, feeding, or sheltering behavior” (72 FR 31132). Sagebrush steppe and grassland occur adjacent to the proposed facility and represent the habitats through which construction access would occur. The habitats have been degraded by ATV traffic and contain a large noxious weed component. It is unclear if any sensitive sagebrush/grassland breeding species would actually breed near the facility, with other areas of less disturbed habitat on the refuge. The sensitive species most likely to use these habitats would be the raptors (ferruginous hawk, Swainson’s hawk, possibly peregrine hawk) which could use the area for hunting. Ferruginous and Swainson’s hawks tend to forage in grasslands where healthy prey populations occur, such as jackrabbits, ground squirrels and pocket gophers (Olendorff 1993). Both species also hunt over agricultural lands, which border the Refuge to the east. Although no longer considered sensitive, a prairie falcon nesting area occurs in the cliffs near Nye, 12 miles southwest of the site. Both peregrine and prairie falcons have been observed hunting/soaring over the Refuge. The long-billed curlew uses both upland and wetland habitats and may potentially use portions of the grasslands adjacent to the project access road, although as for other breeding birds, its use within the project potential direct area of influence likely would be precluded by existing human activity.

5.8.1 Essential Fish Habitat All of the Umatilla River Basin, including McKay Creek, has been designated Essential Fish Habitat (“EFH”) for Chinook Salmon (Oncorhynchus tshawytscha) under the Magnuson-Stevens Fishery Conservation and Management Act. NMFS (2004) evaluated the effects of the entire Umatilla Basin project (including the existing McKay Dam operation) on essential fish habitat McKay Dam Project Number 14546 Houtama Hydropower LLC May, 2016 Page 5- 29 20160531-5268 FERC PDF (Unofficial) 5/31/2016 7:51:12 AM

and concluded that (1) the project does adversely affect EFH for Chinook salmon through a number of actions including the lack of adequate water depths for salmon during the winter in McKay Creek and the presence of a fish barrier at the McKay Creek mouth, but that (2) implementation of the Reasonable and Prudent Measures identified for summer steelhead would minimize adverse effects on chinook salmon EFH. Additionally, NMFS (2004) recommended that the BOR provide additional flows in September from McKay Reservoir to the Umatilla River for the benefit of migrating adult chinook.

5.8.2 Critical Habitat McKay Creek from the dam to the Umatilla River is designated as critical habitat for the Middle Columbia steelhead DPS. The historical abundance of steelhead in McKay Creek is unknown, but CTUIR tribal members report that a high number of steelhead spawned in McKay Creek before the construction of McKay Dam and Reservoir in 1927 (CTUIR 2001). Limiting factors for steelhead in McKay Creek include the fish barrier at the mouth, ongoing maintenance operations associated with the fish barrier, low winter flows and general habitat degradation, as described above (see Table 5-6) for a summary of limiting factors associated with the current McKay Reservoir operations as identified by NMFS [2004]). As noted in Section 5.4.2 the NMFS concluded in 2004 “that the operation of the Umatilla and Umatilla Basin Projects is not likely to jeopardize the continued existence of ESA-listed Middle Columbia River (MCR) steelhead (Oncorhynchus mykiss), or destroy or adversely modify designated critical habitat” (NMFS 2004). Several Reasonable and Prudent Measures for overall Umatilla Basin operation were identified, with the following specific measures associated with the McKay Reservoir operation: • Reasonable and Prudent Measure #1 (McKay Creek minimum flows), “the BOR shall: Release a minimum of 10 cfs continuously from McKay Reservoir from November 1st through April 30th in order to maintain flows in McKay Creek sufficient to provide minimal habitat levels and prevent stranding of juvenile MCR steelhead.”

• Reasonable and Prudent Measure #3 (Ongoing Monitoring and Reporting), “The BOR will submit an annual report to NOAA Fisheries by December 31 that includes the dates of all monitoring, the results of diversion structure mortality assessments, McKay Creek habitat condition results, and the Federal diversion gage data. Reporting of diversion structure mortality and McKay Creek habitat conditions will continue.”

In addition, NMFS (2004 identified several conservation recommendations for the BOR to implement in McKay Creek as a result of the ongoing operation of the Umatilla Basin Project including:

• Leading an interagency effort to coordinate and develop a habitat restoration plan for lower McKay Creek with a focus on increasing habitat complexity.

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• Evaluating opportunities to increase McKay Creek flows year round, including expanding McKay Reservoir to increase storage for fish flows.

• Providing fish passage in the future (5 to 7 years, and after habitat has been restored) at the current constructed barrier 5 miles downstream of McKay Dam, in conjunction with ODFW, CTUIR and NOAA Fisheries.

• Evaluating the feasibility and merits of constructing fish passage at McKay Dam considering that it is a warm-water fishery.

These items are being assessed during a Phase III period. There is no critical habitat designated for the gray wolf, or for candidate wildlife species. McKay Creek from the dam to the Umatilla River is designated as critical habitat for the Middle Columbia steelhead DPS. Bull trout have been documented in the lower portion of McKay Creek and the mainstem of the Umatilla River is listed as critical bull trout habitat, but critical habitat does not extend into McKay Creek.

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Table 5-6. Migratory Bird Species of Conservation Concern that May Occur in the Project Vicinity

Species Habitat Habitat within /adjacent to Habitat within Season Facility Footprint Expanded Project Area

Forested Habitats (These habitats do not occur near the project area)

Calliope Hummingbird Stellula Breeds predominantly in mountain No Yes, but not clear if Breeding calliope habitats, and is rare at lower elevations breeding or as transient

Cassin's Finch Carpodacus Montane pine and aspen forests, but can No Has been observed Year-round cassinii use sagebrush with scattered juniper but unknown if just as a transient

Flammulated Owl Otus Nests in pine forests or cavities in dead Not likely Unclear Breeding flammeolus trees

White Headed Woodpecker Open forests with less than 50-65% No No Year-round Picoides albolarvatus closure, numerous snags and stumps

Wetlands, Riparian and Open Water Bald Eagle Haliaeetus Large bodies of water with abundant Yes Yes Year-round leucocephalus fish and bordered by large trees

Eared Grebe Podiceps nigricollis Open water surrounded by emergent No Yes Breeding marsh

Fox Sparrow Passerella iliaca Dense thickets, wooded bottomlands No Yes Breeding along rivers and creeks. Requires dense brushy cover during the nesting season.

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Long-billed Curlew Numenius Open grasslands and meadows often Not likely Yes Breeding americanus near scattered shrubs or water, but also in dry sites

Willow Flycatcher Empidonax Willow, alder or other deciduous shrub No Yes Breeding traillii thickets in wetlands or along streams, avoids dense tree cover

Sagebrush or Grassland Habitats Brewer's Sparrow Spizella Associated with sagebrush and other Yes Yes Breeding breweri desert shrubs

Ferruginous Hawk Buteo regalis Open grasslands and shrub-steppe Yes Yes Breeding

Green-tailed Towhee Pipilo Sagebrush, other low shrubs, sometimes Yes Yes Breeding chlorurus interspersed with trees; locally fairly common east of the Cascades in summer

Lewis's Woodpecker Open tree cover with brushy Maybe Yes Breeding Melanerpes lewis understory, dead trees for nest cavities, generally does not breed anymore at lower elevations, but can use cottonwoods

Loggerhead Shrike Lanius Fairly open vegetation with occasional Maybe Yes Breeding ludovicianus trees, shrubs or substitutes for perching

Peregrine falcon Falco Open habitats, nests on ledges or holes Possibly for hunting Yes Breeding peregrinus within rocky and often vertical cliffs

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Rufous Hummingbird Breeding habitat includes coniferous Breeding selasphorus rufus forest, second growth, thickets, and Yes Yes brushy hillsides, with foraging extending into adjacent scrubby areas, meadows and backyard feeders.

Sage Thrasher Oreoscoptes Sagebrush steppe Maybe, but habitat likely Yes Breeding montanus too heavily used

Short-eared Owl Asio flammeus Open country such as marshes, fields, Year-round and other open areas. East of the Not likely Yes Cascades it is locally common in the breeding season, particularly in large wetland complexes.

Swainson's Hawk Buteo Grassland, sagebrush flats, nests in trees Yes Yes Breeding swainsoni

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5.8.3 Recovery Plans and Status Reports There are no recovery plans for the Washington ground squirrel or sage grouse as they are/were candidate species. Status reports include Hagen (2011) and BLM (2015) for the sage grouse and Betts (2009) for the Washington ground squirrel. Although the BLM document does not apply to the project area, it does provide updated information on the sage grouse status in Oregon. A recovery plan was prepared for the Northern Rocky Mountain Gray Wolf population in 1987 (FWS 1987) that covers the eastern Oregon portion of the population. This portion of the population (which includes the facility site) has been delisted. The National Marine Fisheries Service (NMFS) prepared a recovery plan for the Middle Columbia River steelhead Distinct Population Segment (“DPS”) in 2009. The FWS completed a final recovery plan for the bull trout Mid-Columbia recovery unit in September 2015. A draft biological assessment for the Umatilla Basin Project as a whole was completed in 2001 and Biological Opinions completed in 2004 and 2008. Species covered in the biological assessments/opinions included: the bull trout, Mid-Columbia River Steelhead DPS and Chinook salmon. The Chinook salmon and bull trout are known to occur only around the McKay Creek fish barrier 6 miles downstream of the dam, whereas critical habitat for the steelhead occurs throughout McKay Creek. Pertinent documents regarding these species include:

• Bureau of Reclamation (BOR). 2001. Final Biological Assessment of Effects to Multiple Listed Salmonid Species From Continued Operation and Maintenance of the Umatilla Project and Umatilla Basin Project, and Effects to Essential Fish Habitat for Chinook Salmon. Supplemental to the December, 1999 Biological Assessment on the Federal Columbia River Power System Prepared for the National Marine Fisheries Service, Portland, Oregon by Upper Columbia Area Office, BOR, Yakima, Washington. 89 pp. + Appendices.

• National Marine Fisheries Service (NMFS). 2004. Endangered Species Act - Section 7 Consultation Biological Opinion & Magnuson-Stevens Fishery Conservation and Management Act Essential Fish Habitat Consultation Ongoing Operation of the Umatilla Project and the Umatilla Basin Project, Columbia River, Umatilla River, and McKay Creek, HUCs - 17070103 (Umatilla) and 17070101 (Middle Columbia- Lake Wallula), Umatilla and Morrow Counties, Oregon. NMFS Northwest Region, Seattle, WA.

• FWS. 2008. Biological Opinion for the Continued Operations and Maintenance of the Bureau of Reclamation’s Umatilla/Umatilla Basin Projects and Bonneville Power Administration-Funded Fish Passage and Screening Structures, Umatilla County, Oregon. FWS Field Office La Grande, Oregon.

5.8.4 Relevant Qualifying Federal and State or Tribal Comprehensive Waterway Plans

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A notice was published in the Federal Register in 2011 regarding the development of a Comprehensive refuge management plan. A compatibility analysis of the Refuge management plan will be conducted in conjunction with the additional wildlife data collection study plan. The following plans appear to be applicable to the project and will be reviewed during the preliminary license application period to ensure that the Project is consistent with the plans’ goals: • Confederated Tribes of the Umatilla Indian Reservation (CTUIR) and Oregon Department of Fish and Wildlife (ODFW). 1990. Columbia Basin System Planning Report -- Salmon and Steelhead Production Plan, Umatilla River Subbasin, Pendleton, Oregon. Report to the Northwest Power Planning Council. Portland, Oregon.

• Confederated Tribes of the Umatilla Indian Reservation (CTUIR). 2001. McKay Creek: Instream flows and fisheries management considerations. Fisheries Program, Department of Natural Resources. Pendleton, Oregon.

• Confederated Tribes of the Umatilla Indian Reservation (CTUIR) and Oregon Department of Fish and Wildlife (ODFW). 2006. Comprehensive Research, Monitoring, and Evaluation Plan for Umatilla Subbasin Summer Steelhead and Chinook Salmon. Prepared for Bonneville Power Administration and the Northwest Power Planning Council, Portland, Oregon.

5.8.5 References See Appendix D for study references and biological maps and lists.

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Going McKay Reservoir and McKay Going Fish - Columbia Steelhead Columbia - Summary On Summary ects On Mid

7. - Table 5 Barrier Eff

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5.9 RECREATION AND LAND USE The proposed project area includes a rectangular area between the McKay Dam Outlet Works Valve House and the BOR Maintenance Shop. The BOR will retain ownership of the dam and project lands upon which HH intends to enter a lease agreement to operate the Project. HH proposes to operate the hydroelectric facility in run-of-river mode that will not affect releases, operations, or reservoir water level management by the BOR. As HH proposes to operate the Project within BOR’s irrigation and management requirements, there will be no change in impoundment levels and therefore no effect on existing recreation opportunities at the McKay Reservoir. Access below the dam within the project boundary is restricted for security and safety purposes and is not available for other uses.

5.9.1 Regional Recreation Opportunities Recreation activities that are popular in the surrounding region are generally traditional outdoor activities such as fishing, hunting, boating, hiking, camping, and picnicking. The McKay Reservoir parks and McKay National Wildlife Refuge and a wildlife management area are located within the project vicinity.

5.9.3 Project Recreation Facilities There are no recreational facilities or opportunities associated with the proposed Project. The Project will be wholly within a secure area owned, operated, and maintained by the BOR.

5.9.4 Project Recreation Use There will be no changes to access to the existing recreational opportunities including McKay Reservoir and McKay Creek below the McKay Dam. Because the McKay Dam Outlet Works, and subsequently the project area, is not a suitable place for recreation due to safety and security reasons, there will be no additional recreation facilities proposed at the Project.

5.10 AESTHETIC RESOURCES The proposed Project is situated near the foothills of the Blue Mountains; a region dominated by open pasture, wheat fields, sage brush, and basalt outcrops. Other features include large tracts of rural ranch and farmland that generally provides a pastoral setting. The majority of the area surrounding the Project consists of predominantly altered landscape including the dam and outlet structures. Because Highway 395 is the only major public road near the project and the project powerhouse will be sited at the toe of McKay Dam which cannot be seen from Highway 395, the proposed Project has very limited visibility to the public.

Visual Character of Project Lands and Waters The Project will be visible primarily from a parking lot at the end of SW Lake Drive (a minor dead-end street in a semi-rural residential neighborhood). The proposed Project will require construction of a bifurcation, penstock, powerhouse, and transmission facilities next to the existing outlet works of the dam. After flowing through the turbine, the Project will discharge water from McKay Reservoir into McKay Creek River directly adjacent to the discharge location of the existing jet-flow valves. As HH proposes to operate the Project within BOR’s flow and

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discharge parameters, there will be no discernible difference in flows entering the creek downstream of the dam after construction of the powerhouse and ancillary facilities.

5.11 CULTURAL RESOURCES

The Umatilla River and McKay Creek played a significant role in shaping the lifestyles of those living the area. Native American people and early Euro-American settlers used the Umatilla River basin for travel, lodging, and fishing. Native American groups inhabited areas in the region for at least 13,000 years before Europeans arrived.

The proposed Project Boundary is located in an area in which initial dam construction extensively disturbed the physical area. The project area is located on and within engineered material substrate that is part of the mechanical design of the Dam. During construction, soils were stripped to bedrock and replaced with the dam fill materials. There are no undisturbed soils with the potential of inadvertent discovery of archaeological features or human remains in the Project Boundary. There are no indications of potential adverse effects to known or potentially sensitive physical cultural resources within the Project Boundary.

The McKay Creek Drainage called Houtama (pronounced “How-to-may”), is of cultural significance to the CTUIR. The area was utilized extensively by the Cayuse in prehistory, was within the 1855 reservation boundary, and now forms the edges of the contemporary Umatilla Indian Reservation. Anadromous fish recovery and restoration is one of the most significant cultural resource efforts undertaken by the CTUIR. The waters from McKay Creek are significant in Umatilla Basin fisheries management and reservoir releases are used to augment Umatilla River water levels to support anadromous recovery efforts. In meetings the CTUIR have stated that the habitat of upper McKay Creek, while inaccessible because of the dam, is excellent for anadromous fish, and wish to maintain the option to access it in the future. The habitat below McKay dam is currently restricted for anadromous fish by the fish barrier at the mouth of McKay Creek. This project has the unique potential to improve water quality in terms of dissolved oxygen for fisheries management through design criteria as discussed Section 4 of this preliminary application.

5.12 SOCIO-ECONOMIC RESOURCES Located in the Northeastern part of Oregon, Umatilla County is best characterized as a nonmetropolitan region with agricultural uses occupying the majority of land. Recent urban growth has been generally limited to Hermiston, (population 16,745) which recently has grown larger than the county’s historically largest city, the county seat, Pendleton (16,612). Umatilla County contains agricultural and forested lands. The economy likewise relies on forest products, agriculture, livestock, and recreation and tourism.

5.12.1 Population Patterns

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The estimated 2015 population of Umatilla County was approximately 76,531. From 2010 to 2015, the population increased 0.8 percent, which is very low compared to an urban area like Washington County which had a population increase of 8.4 % in the same time period. (U.S. Census Bureau).

5.12.2 Households/Family Distribution and Income There were 26,901 households with 2.69 persons per household in Umatilla County in 2014. The annual per capita personal income for Umatilla County in 2014 was $20,877 which was very low in comparison to an urban area like Washington County with an average of annual per capita income of $31,587. The unemployment rate for Umatilla County in January 2016 was 6.6 percent according to US Department of Labor, this is relatively high compared to Washington County which has an unemployment rate of 4.4 percent. About 18 percent of the population of Umatilla County is living below the poverty level, which is nearly 50% higher than Washington County which only has 12.5 percent of the population below the poverty level (U.S. Census 2014). Umatilla County has much lower per capita income, higher unemployment, and nearly 50% more people living below the poverty level than people living in the urban areas of Oregon. This project will help bring in additional income into a relatively poor area of Oregon.

5.12.3 Project Vicinity Employment Sources 1,541 private non-farm establishments in Umatilla County employed approximately 21,438 persons in 2014 (U.S. Census 2014).

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6.0 ISSUES, INFORMATION NEEDS, AND MITIGATION

One purpose of this PAD is to identify environmental resources that the proposed Project may affect and to determine if HH needs additional information to analyze any identified effects. For the purposes of this PAD, potential project effects are adverse changes to the natural and human environment attributable to the proposed construction and operation of the Project.

To assist in early identification of any issues, HH distributed a draft PAD to a comprehensive distribution list (including state, federal and local resource agencies, Tribes, local and national NGOs). HH did this to determine what information these stakeholders have about resources at or near the proposed Project and to solicit potential concerns about the proposed Project. HH also held a meeting on 12/1/2015 with tribal, state and federal agencies visiting both the project site at McKay Dam and the fish barrier facility at the mouth of McKay Creek. Appendix B, Agency Consultation, provides details of these meetings. HH used the information provided by the agencies and stakeholders to develop this PAD and associated study plans. Section 6.1 discusses preliminary issues and information needs. While further consultation during the licensing process may result in revised efforts, HH also provides initial proposals for protection, mitigation, and enhance (PME) measures.

6.1 PRELIMINARY ISSUES AND INFORMATION NEEDS BY RESOURCE

This section identifies potential effects of proposed project construction and operation, including those that may result from cumulative effects, on the resources discussed in Section 5.0. Because HH proposes to operate the Project within BOR’s existing flow and discharge parameters, HH expects very limited changes to existing conditions. The following sections discuss potential issues associated with project operations, and temporary issues associated with project construction. In some instances, the following sections provide preliminary suggestions for further actions; however, HH anticipates developing and implementing study plans to assess potential effects to specific resources after further consultation with tribal, state and federal agencies.

6.2 GEOLOGY AND SOILS

HH proposes to operate the Project using flows BOR releases from the McKay Reservoir without altering the timing or magnitude of those releases. The Project will not affect the current operations that control impoundment fluctuations or the discharge volume. Accordingly, the Project will have no effect on reservoir shoreline erosion. HH believes adequate information exists to assess the resource as it relates to the proposed Project. Therefore, HH identifies no project related effects and proposes no studies related to reservoir shoreline stability and/or erosion.

Construction activities could potentially result in temporary sediment suspension and distribution downstream of the work area. Turbidity and sediment deposition during project construction has the potential to affect McKay Creek. HH will develop a study of erosion and sediment control

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methods and will schedule the construction work during winter low-flow periods to minimize any adverse impacts during construction.

Existing and Proposed Protection, Mitigation, and Enhancement Measures HH will require all contractors to implement best management practices during project construction. HH will develop an erosion and sediment control plan prior to beginning construction in consultation with interested agencies. HH will also provide these agencies with final design plans that will specify the location of erosion control measures for review prior to construction.

6.3 WATER RESOURCES

There are potential water quality concerns at McKay Dam and the McKay Creek. These include temperature, dissolved oxygen (DO), turbidity and total dissolved gasses (TDG). The development of hydroelectric facilities at the McKay Dam has the potential to adversely affect some of these water quality issues. While the Project will not affect water quantity or discharge periods below the dam and subsequently would not affect temperature or the chemical make-up of the river, there is a potential for hydroelectric generation to adversely affect DO.

HH proposes to undertake site specific, baseline studies to document existing water quality conditions in McKay Reservoir directly upstream of McKay Dam and the McKay Creek directly below the dam. HH would conduct these studies, developed in consultation with relevant agencies, seasonally over a one to two-year period prior to construction, during construction, and one to two years post-construction. The study would include DO measurement both upstream and downstream of the McKay Dam jet-flow valves. The BOR has indicated that it will be possible to sample the discharge water from the gate chamber. There is a sample collection point on the 10” Marion-Jack pipe which is connected to the gate chamber (this sample will have the same water quality as the water flowing into the proposed turbine). The measurement would record data in regular intervals from mid-July through early October to characterize summer water quality when worst-case (high temperatures, lower flows, and low DO water from McKay Reservoir) conditions are likely to occur. The water quality measurements will focus primarily on DO.

Existing and Proposed Protection, Mitigation, and Enhancement Measures Should baseline studies reveal the potential for the Project to affect water quality adversely, HH will consult with interested agencies to determine best management practices, operational criteria, and possible mechanical designs/methods to mitigate these effects.

6.4 FISH AND AQUATIC RESOURCES

Development and operation of a hydroelectric facility at the McKay dam has the potential to affect resident reservoir species through entrainment and fish passing through project equipment. Because of cold-water discharges from McKay Dam, McKay Creek provides potential habitat to McKay Dam Project Number 14546 Houtama Hydropower LLC May, 2016 Page 6- 2

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a variety of cold-water species, some of which are species of concern. However, the BOR- operated fish barrier at the mouth of McKay Creek limits fish entry into McKay Creek. There is a potential that construction related sediment transport and construction access may temporarily affect other downstream fisheries and other aquatic resources. The proposed Francis turbine may actually improve survival of entrained fish relative to the existing conditions, which could constitute a benefit to the resource.

Fisheries A significant amount of data is available through state and federal agencies related to reservoir fish populations. As the Project will operate within BOR’s operating parameters, it will have no effect on reservoir levels and subsequently no effect on reservoir fish habitat or species composition. There is a potential for fish mortality and injury related to entrainment or impingement at the Project. To assess potential project effects on resident fish species more fully, HH proposes to use best available species composition information to conduct a desktop analysis of the potential for entrainment and injury to impoundment species. HH would augment the desktop analysis of potential entrainment and injury by using additional data available from other hydroelectric projects with fish populations and turbine characteristics similar to those proposed for the McKay Dam Hydroelectric Project (e.g., turbine type, head, and flow). The Project will continue to provide cold-water discharge into the Umatilla River via McKay Creek, and may provide a net benefit to downstream fisheries by reducing TDG. However, project construction and operation may affect downstream fish populations through temporary changes in flow and sediment deposition during construction. HH will incorporate the results of the proposed desktop study to assess potential adverse downstream effects to fish and habitat and, as warranted, identify areas of potential effect.

Existing and Proposed Protection, Mitigation, and Enhancement Measures Should the various studies described above indicate potential, adverse effects to fish, HH will work with interested agencies to develop appropriate mitigation efforts during the FERC licensing process.

Macroinvertebrates As with downstream fisheries resources, the Project will not alter existing conditions related to water temperature, quantity, or timing; therefore it will not affect macroinvertebrate species composition. Potential sediment distribution and deposition related to project construction may have the potential to affect in-river conditions temporarily. HH proposes to use the results of its desktop study to identify the potential for affect and the scope of any effects to macroinvertebrates.

Existing and Proposed Protection, Mitigation, and Enhancement Measures Should study results indicate potential, adverse effects, HH will work with state and federal agencies to develop appropriate efforts for mitigation during the FERC licensing process.

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6.5 WILDLIFE RESOURCES

HH has not identified and does not anticipate any significant issues for the proposed Project regarding existing mammalian wildlife resources. HH believes adequate information exists to assess the resource as it relates to proposed project operations. There are potential effects to birds should the Project include new overhead transmission lines. HH has not yet finalized its electrical transmission system design; however, HH anticipates using the existing transmission infrastructure. Pacific Power operates an existing 3-phase 12.5 kV transmission line near the Project site. The 1.5 mile-long branch-transmission line from the existing 3-phase transmission line to the Project site uses the same power pole configuration as the existing 3-phase 12.5 kV transmission line which runs from McKay Sub-Station towards Pilot Rock. To upgrade the branch-transmission line to the same configuration as the 3-phase line requires simply adding a third conductor (the existing 1.5-mile-long branch-transmission line has two (2) single phase lines). The interconnection study will address issues regarding the upgrade of the existing branch-transmission line.

Existing and Proposed Protection, Mitigation, and Enhancement Measures Upgrading the existing branch transmission line using the most current avian protection guidelines (APLIC 2006) will provide adequate mitigation for this issue. Should a new overhead transmission line be necessary outside existing transmission corridor, HH will work with USFWS and other interested agencies to develop an appropriate study and/or best management practices to avoid adverse effect to birds.

6.6 BOTANICAL RESOURCES

Project construction has the potential to affect botanical resources temporarily through construction access and ground disturbing activities. The proposed Project is located in very limited area that is currently restricted for the BOR’s operation and maintenance of the McKay Dam. The proposed project area currently is comprised of a concrete and gravel surface. There are no botanical species of concern within the Project boundary; however, a previous survey in the project vicinity indicate several invasive and noxious species may be present. The Project has the potential to contribute to the spread of noxious weeks due to infestations found along the proposed access road and near the powerhouse site. HH will consult with BOR staff to identify known locations of invasive plant species and noxious weeds within the project area more specifically.

Existing and Proposed Protection, Mitigation, and Enhancement Measures HH will develop a noxious weed/invasive species management plan as part of its FERC license application in consultation with state and federal agencies.

6.7 WETLANDS, RIPARIAN AND LITTORAL HABITAT

Current, available information regarding wetlands is based on available NWI, high-level vegetation cover and soils mapping and the 6/9/2015 survey by a professional ecologist/certified Wetland Scientist. This information provides baseline data for analysis. There are no known McKay Dam Project Number 14546 Houtama Hydropower LLC May, 2016 Page 6- 4

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wetlands inside the project boundary. Project construction and construction access improvements will be designed to minimize any effect on nearby sensitive areas. Construction noise and activities will also be designed and scheduled to minimize any effect on nearby wildlife during the construction season.

Existing and Proposed Protection, Mitigation, and Enhancement Measures As project design moves forward, HH will use the available wetlands information to quantify any potential adverse effects. HH will consult with state and federal agencies regarding the need for mitigation efforts related to potential wetland effects.

6.8 THREATENED, ENDANGERED, AND SPECIAL STATUS SPECIES

Currently there are no documented occurrences of any federally listed or candidate wildlife species within the proposed project boundary. Existing and Proposed Protection, Mitigation, and Enhancement Measures HH proposes no additional measures for this resource.

6.9 RECREATION AND LAND USE

The proposed Project will occupy a very limited area that is currently restricted for operation and maintenance of the McKay Dam. The proposed project area is currently gated, inaccessible, and unsafe for recreational uses. The Project will not affect reservoir water levels or downstream flow. Subsequently it will have no effect on recreation or land uses adjacent to the McKay Reservoir. Project construction may, however, result in temporary modifications and increased traffic that could affect recreation use of the McKay Reservoir. HH believes adequate information exists to assess the resource as it relates to the proposed Project. No studies are proposed.

Existing and Proposed Protection, Mitigation, and Enhancement Measures HH will develop strategies to avoid or minimize any temporary changes which might impact the recreation use of McKay Reservoir during construction in consultation with interested agencies.

6.10 AESTHETIC RESOURCES AND IMPACT TO NEIGHBORS

The proposed project boundary is immediately below the McKay dam which provide limited aesthetic value. The proposed hydropower development will have limited effect on the immediate aesthetic values at the dam; however, HH intends to work with BOR staff to develop a project design that is consistent with the aesthetics of the existing facility. During a project presentation at the Umatilla County Commissioners’ public meeting on 7/2/2015, one commissioner expressed concern about potential noise issues (due to past noise complaints from the troubled Boyd Hydroelectric Project on near Hermiston).

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Existing and Proposed Protection, Mitigation, and Enhancement Measures HH will consult with the BOR and other agencies to develop a project design that is in keeping with visual resource standards for the existing BOR facility. The project design will specifically address preventing potential noise issues, this will include but is not limited to: equipment specifications, type of cooling systems, acoustic insulation, and the powerhouse building design.

6.11 CULTURAL RESOURCES

The proposed Project is located in an area which dam construction disturbed extensively. There are no indications of potential adverse effects to known or potentially sensitive cultural resources. While HH does not anticipate any effects to cultural resources, it will continue to consult with the Confederated Tribes of the Umatilla Indian Reservation (CTUIR).

Existing and Proposed Protection, Mitigation, and Enhancement Measures HH proposes no additional measures for this resource.

6.12 SOCIO-ECONOMIC RESOURCES

The proposed Project will have no long term effect on the socio-economic resources of the region and may provide limited, temporary benefits from construction jobs, and associated additional traffic in the McKay area neighborhood. The proposed Project will provide low cost and renewable energy. Although HH intends to operate the Project remotely, operations and maintenance at the Project will periodically be necessary and may support local employment. HH believes that sufficient socioeconomic data are available for the project vicinity to assess potential effects of project construction and operation on the region. No studies are proposed.

Existing and Proposed Protection, Mitigation, and Enhancement Measures HH proposes no additional measures for this resource.

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Appendix A contains an agency and stakeholder distribution list [18 CFR § 5.6(d)(5)] and the documentation of agency and stakeholder consultation [18 CFR § 5.6(d)(5)].

5/21/2015 USBR email Pacific Nowrthwest Regional Offfice 1150 North Curtis Road, Suite 100 Boise, ID 83706-1234

Terrald E. Kent, Regional Power Manager Meeting Robert Ross, Boise, EE, (208) 378-5332 6/8/15 [email protected]

Boris Belchoff , John Schrier, Chet Sater 32871 Diagonal Rd., Hermiston

5/21/2015 Mary Grainey email Oregon Water Resources Department 725 Summer Street, Suite A Salem, OR 97301-1271 503-986-0833 [email protected]

Ann Reece Oregon Water Resources Department 725 Summer Street, Suite A Salem, OR 97301-1271 503-896-0834 [email protected]

5/21/2015 Elizabeth Moats email Oregon Dept of Fish and Wildlife 107 20th Street La Grande, OR 97850 541-962-1832 [email protected]

Ken Homolka Oregon Dept of Fish and Wildlife 4034 Fairview Industrial Drive SE Salem, OR 97302 503-947-6090 [email protected]

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Ted Wise, ODFW [email protected]

Kevin Blakely – ODFW Watershed Manager, (541) 276-2344

5/21/2015 Marilyn Fonseca - ODEQ email [email protected]

John Dadoly – ODEQ [email protected] 541-278-4616

Tonya Dombrowski [email protected] 541-278-4615

Telcon 5/28/15 with Chris Stine, DEQ Hydroelectric tel. (503) 581-7668. Recommended to begin collecting field data after scoping meetings to avoid potential duplicated or unnecessary field work.

5/21/2015 Ritchie Graves – NOAA-Fisheries Rebecca Vijay, NOAA LaGrande Office email [email protected] [email protected]

CC Dale Bambrick, Jane Hannuksela

5/21/2015 Contact: Lamont Glass [email protected] email Title: Refugee Manager Phone: 509-546-8300

United States Fish and Wildlife Service Mid-Columbia River NWRC 64 Maple Street Burbank 99323 WA

Ann Gray – USFWS

Mail, Gary James– CTUIR Fisheries David Haire, CTUIR Water Resources, email, and Brian Zimmerman, CTUIR - meetings

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Confederated Tribes of the Umatilla Indian Reservation Nixyaawii Governance Center 46411 Timine Way Pendleton 97801 0638 OR

[email protected], [email protected],

City of Pilot Rock 144 N. Alder Place P.O. Box 130 Pilot Rock 97868

[email protected]

Robert Levy, Chairman of the Board

Westland Irrigation District P.O. Box 944 Hermiston 97838 OR

(541) 667-2030

Ray Kopacz Stanfield Irrigation District P.O. Box 416 Stanfield 97875 OR

(541) 449-3272

Email and Steve Chrisman, Economic Development June 2015 City of Pendleton 500 SW Dorian Avenue meeting Pendleton 97801 OR

7/2/2015 Umatilla County 216 S.E. 4th St., County Commissioners Public Pendleton 97801 OR Meeting Email and Rob DelMar, ODOE telephone Oregon Dept. of Energy [email protected]

[email protected]

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Appendix B contains the process plan and schedule for application for an original license for the proposed Project [18 CFR §5.6.(d)(1)].

Figure 2-1, Traditional Licensing Process

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Appendix C contains the electrical one-line diagram and the engineering drawings depicting the proposed Project facilities. The proposed project boundary map [18 CFR 5.6 (d)(2)] and the Flow Duration Curves [18 CFR § 5.6 (d)(3)] are contained in Section 4 of this application.

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Appendix D contains a list of the literature, information, and data sources cited in the descriptions and summaries of existing resource data in the PAD [18 CFR § 5.6 (c)(2)].

Anthony, R. G., and F. B. Isaacs. 1988. Characteristics of bald eagle nest sites in Oregon. J. Wildlife Management. 53:148-159. APLIC (Avian Powerline Interaction Committee). 2006. Suggested practices for mitigating bird electrocutions on powerlines: the state of the art in 2006. Washington, DC: Edison Electric Institute, APLIC, and Sacramento, CA: California. Betts, B.J. 1990. Geographic distribution and habitat preferences of Washington ground squirrels (Spermophilus washingtoni). Northwestern Naturalist 71:27-37. Betts, B.J. 1999. Current status of Washington ground squirrels in Oregon and Washington. Northwestern Naturalist 80:35-38. BLM. 2015. Final Environmental Impact Statement for the Oregon Greater Sage-Grouse Resource Management Plan. BLM Oregon State Office, Portland, Oregon. Bull, E. L., A. L. Wright and M. G. Henjum. 1990. Nesting habitat of flammulated owls in Oregon. J. Raptor Res. 24:52-55. Bureau of Reclamation (BOR). 1988. Umatilla Basin Project Oregon planning report – Final environmental impact statements. BOR Pacific Northwest Region, Boise, Idaho. Bureau of Reclamation (BOR). 2001. Final Biological Assessment of Effects to Multiple Listed Salmonid Species From Continued Operation and Maintenance of the Umatilla Project and Umatilla Basin Project, and Effects to Essential Fish Habitat for Chinook Salmon. Supplemental to the December, 1999 Biological Assessment on the Federal Columbia River Power System Prepared for the National Marine Fisheries Service, Portland, Oregon by Upper Columbia Area Office, BOR, Yakima, Washington. Csuti, B, T. A. O'Neil, M.M. Shaughnessy, E.P. Gaines, and J.C. Hak. 2001. Atlas of Oregon Wildlife. Second Edition. Oregon State University Press, Corvallis, Oregon. CTUIR and ODFW. 1990. Columbia Basin System Planning Report -- Salmon and Steelhead Production Plan, Umatilla River Subbasin, Pendleton, Oregon. Report to the Northwest Power Planning Council. Portland, Oregon. CTUIR. 2001. McKay Creek: Instream flows and fisheries management considerations. Fisheries Program, Department of Natural Resources. Pendleton, Oregon. CTUIR and ODFW. 2006. Comprehensive Research, Monitoring, and Evaluation Plan for Umatilla Subbasin Summer Steelhead and Chinook Salmon. Prepared for Bonneville Power Administration and the Northwest Power Planning Council, Portland, Oregon.

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CTUIR. 2008. The Umatilla Basin Natural Production Monitoring and Evaluation Report: 2007 Progress Report. Submitted to BPA, Pendleton, Oregon. Electric Power Research Institute (EPRI). 1992. Fish entrainment and turbine mortality review and guidelines. Final Report. Research Project 2694-01. EPRI TR-101231. Palo Alto, California. Electric Power Research Institute (EPRI). 1997. Turbine entrainment and survival database – field tests. Prepared by Alden Research Laboratory, Inc. EPRI Report No. TR-108630. Federal Energy Regulatory Commission. 1995. Preliminary Assessment of Fish Entrainment at Hydropower Projects, a report on studies and protective measures, volumes 1 and 2. Paper No. DPR-10, FERC Office of Hydropower Licensing, Washington, D.C. FWS. 1987. Northern Rocky Mountain Wolf Recovery Plan. US Fish and Wildlife Service, Denver, Colorado. FWS. 2008. Biological Opinion for the Continued Operations and Maintenance of the Bureau of Reclamation’s Umatilla/Umatilla Basin Projects snd Bonneville Power Administration- Funded Fish Passage and Screening Structures, Umatilla County, Oregon. FWS Field Office La Grande, Oregon. FWS. 2010. Review of Native Species That Are Candidates for Listing as Endangered or Threatened; Annual Notice of Findings on Resubmitted Petitions; Annual Description of Progress on Listing Actions: Proposed Rule. November 10, 2010 Federal Register. 75 FR 69222-69294 FWS. 2015a. Sage Grouse Profile and Fact Sheet. https://ecos.fws.gov/speciesProfile/profile/speciesProfile.action?spcode=B06W. FWS. 2015b. Mid-Columbia Recovery Unit Implementation Plan for Bull Trout (Salvelinus confluentus). Portland, Oregon. Geosense. 2011. Report on Fish and Entrainment and Mortality at Mason Dam, Oregon. Prepared for Baker County, Baker City, Oregon. Hagen, C. 2011. Greater Sage Grouse Conservation Assessment and Strategy for Oregon: A Plan to Maintain and Enhance Populations and Habitat. ODFW, Portland, OR Klein, K. 2005. Dispersal Patterns of Washington Ground Squirrels in Oregon. Thesis, Oregon State University, Corvallis, Oregon. Lewis, R, and B. Goodrich,. 2006. Umatilla River Basin Anadromous Fish Habitat Enhancement Project, 2004-2005 Annual Report, Project No. 198710001 (BPA Report DOE/BP- 00006513-3). NatureServe. 2015. http://www.natureserve.org National Marine Fisheries Service (NMFS). 2004. Endangered Species Act - Section 7 Consultation Biological Opinion & Magnuson-Stevens Fishery Conservation and Management

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Act Essential Fish Habitat Consultation Ongoing Operation of the Umatilla Project and the Umatilla Basin Project, Columbia River, Umatilla River, and McKay Creek, HUCs - 17070103 (Umatilla) and 17070101 (Middle Columbia- LakeWallula), Umatilla and Morrow Counties, Oregon. NMFS Northwest Region, Seattle, WA. National Marine Fisheries Service (NMFS). 2009. Middle Columbia River Steelhead Distinct Population Segment ESA Recovery Plan. NMFS Northwest Region, Seattle, WA. National Marine Fisheries Service (NMFS). 2015. Endangered and Threatened Marine Species under NMFS' Jurisdiction. http://www.nmfs.noaa.gov/pr/species/esa/listed.htm. Northwest Power and Conservation Council (NWPCC). 2004. Draft Umatilla/Willow Subbasin Plan. Pendleton, Oregon. ODFW. 2009. Summary of 2009 McKay Reservoir Sampling. Unpublished report, ODFW, Pendleton. Oregon ODFW. 2012. Summary of 2012 McKay Reservoir Sampling. Unpublished report, ODFW, Pendleton. Oregon. ODFW. 2012b, available at http://www.dfw.state.or.us/resources/fishing/warm_water_fishing/john_day.asp ODFW. 2015. Wolves in Oregon: Population. Available at http://dfw.state.or.us/Wolves/population.asp Olendorff, R. R. 1993. Status, biology, and management of ferruginous hawks: a review. Special Report, Raptor Research and Technical Assistance Center, Bureau of Land Management, U. S. Department of the Interior, Boise, Idaho. Skirvin, A. 2013. Checklist of the Birds of McKay Creek National Wildlife Refuge http://www.pendletonbirders.org/Checklist_of_The_%20Birds_of_McKay_Creek_NWR.htm Sutton, R. 2009. McKay Creek Instream Flow Assessment, McKay Creek, Umatilla Basin Project, Oregon. Prepared by the Bureau of Reclamation Technical Resources Center, Denver, CO. Technical Memorandum No. 86-68290-09-04. Yensen, E. and P.W. Sherman. 2003. Ground-dwelling squirrels of the Pacific Northwest. Boise, ID.

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ATTACHMENTS TO APPENDIX D • U.S. Fish & Wildlife Service, McKay Hydrolecteric Project, IPaC Trust Resource Report. Generated September 01, 2015. • U.S. Fish & Wildlife Service, National Wetlands Inventory, Wetlands Downstream of McKay Reservoir and in the reservoir. June 9, 2015. • Critical Habitat for Bull Trout, Umatilla River Basin. Federal Register / Vol. 75, No. 200 / Monday, October 18, 2010. • Umatilla County Bird Checklist, Birds of the McKay Creek National Wildlife Refuge. Updated July 6, 2013.

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U.S. Fish & Wildlife Service McKay Hydrolecteric Project IPaC Trust Resource Report Generated September 01, 2015 04:39 PM MDT 20160531-5268 FERC PDF (Unofficial) 5/31/2016 7:51:12 AM IPaC Trust Resource Report NWK4D-27775-H43PY-AJQIA-4T3YXU

US Fish & Wildlife Service IPaC Trust Resource Report

Project Description

NAME McKay Hydrolecteric Project

PROJECT CODE NWK4D-27775-H43PY-AJQIA-4T3YXU

LOCATION Umatilla County, Oregon

DESCRIPTION Retrofit turbine to existing dam.

U.S. Fish & Wildlife Contact Information Species in this report are managed by:

Oregon Fish And Wildlife Office 2600 Southeast 98th Avenue, Suite 100 Portland, OR 97266-1398 (503) 231-6179

09/01/2015 04:39 IPaC Information for Planning and Conservation Page 2 Version 2.2.3 20160531-5268 FERC PDF (Unofficial) 5/31/2016 7:51:12 AM IPaC Trust Resource Report NWK4D-27775-H43PY-AJQIA-4T3YXU Endangered Species Proposed, candidate, threatened, and endangered species that are managed by the Endangered Species Program and should be considered as part of an effect analysis for this project.

This unofficial species list is for informational purposes only and does not fulfill the requirements under Section 7 of the Endangered Species Act, which states that Federal agencies are required to "request of the Secretary of Interior information whether any species which is listed or proposed to be listed may be present in the area of a proposed action." This requirement applies to projects which are conducted, permitted or licensed by any Federal agency.

A letter from the local office and a species list which fulfills this requirement can be obtained by returning to this project on the IPaC website and requesting an Official Species List from the regulatory documents section. Birds Greater Sage-grouse Centrocercus urophasianus Candidate CRITICAL HABITAT No critical habitat has been designated for this species.

https://ecos.fws.gov/speciesProfile/profile/speciesProfile.action?spcode=B06W Mammals Gray Wolf Canis lupus Endangered CRITICAL HABITAT No critical habitat has been designated for this species.

https://ecos.fws.gov/speciesProfile/profile/speciesProfile.action?spcode=A00D

Washington Ground Squirrel Urocitellus washingtoni Candidate CRITICAL HABITAT No critical habitat has been designated for this species.

https://ecos.fws.gov/speciesProfile/profile/speciesProfile.action?spcode=A0HE

Critical Habitats Potential effects to critical habitat(s) within the project area must be analyzed along with the endangered species themselves.

Steelhead Critical Habitat Final designated https://ecos.fws.gov/speciesProfile/profile/speciesProfile.action?spcode=E08D#crithab

09/01/2015 04:39 IPaC Information for Planning and Conservation Page 3 Version 2.2.3 20160531-5268 FERC PDF (Unofficial) 5/31/2016 7:51:12 AM IPaC Trust Resource Report NWK4D-27775-H43PY-AJQIA-4T3YXU Migratory Birds Birds are protected by the Migratory Bird Treaty Act and the Bald and Golden Eagle Protection Act.

Any activity which results in the take of migratory birds or eagles is prohibited unless authorized by the U.S. Fish and Wildlife Service (1). There are no provisions for allowing the take of migratory birds that are unintentionally killed or injured.

You are responsible for complying with the appropriate regulations for the protection of birds as part of this project. This involves analyzing potential impacts and implementing appropriate conservation measures for all project activities.

Bald Eagle Haliaeetus leucocephalus Bird of conservation concern Year-round https://ecos.fws.gov/speciesProfile/profile/speciesProfile.action?spcode=B008

Brewer's Sparrow Spizella breweri Bird of conservation concern Season: Breeding https://ecos.fws.gov/speciesProfile/profile/speciesProfile.action?spcode=B0HA

Calliope Hummingbird Stellula calliope Bird of conservation concern Season: Breeding Cassin's Finch Carpodacus cassinii Bird of conservation concern Year-round Eared Grebe Podiceps nigricollis Bird of conservation concern Season: Breeding Ferruginous Hawk Buteo regalis Bird of conservation concern Season: Breeding https://ecos.fws.gov/speciesProfile/profile/speciesProfile.action?spcode=B06X

Flammulated Owl Otus flammeolus Bird of conservation concern Season: Breeding https://ecos.fws.gov/speciesProfile/profile/speciesProfile.action?spcode=B0DK

Fox Sparrow Passerella iliaca Bird of conservation concern Season: Breeding Green-tailed Towhee Pipilo chlorurus Bird of conservation concern Season: Breeding Lewis's Woodpecker Melanerpes lewis Bird of conservation concern Season: Breeding Loggerhead Shrike Lanius ludovicianus Bird of conservation concern Season: Breeding https://ecos.fws.gov/speciesProfile/profile/speciesProfile.action?spcode=B0FY

Long-billed Curlew Numenius americanus Bird of conservation concern Season: Breeding https://ecos.fws.gov/speciesProfile/profile/speciesProfile.action?spcode=B06S

Peregrine Falcon Falco peregrinus Bird of conservation concern Season: Breeding https://ecos.fws.gov/speciesProfile/profile/speciesProfile.action?spcode=B0FU

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Rufous Hummingbird selasphorus rufus Bird of conservation concern Season: Breeding https://ecos.fws.gov/speciesProfile/profile/speciesProfile.action?spcode=B0E1

Sage Thrasher Oreoscoptes montanus Bird of conservation concern Season: Breeding Short-eared Owl Asio flammeus Bird of conservation concern Year-round https://ecos.fws.gov/speciesProfile/profile/speciesProfile.action?spcode=B0HD

Swainson's Hawk Buteo swainsoni Bird of conservation concern Season: Breeding https://ecos.fws.gov/speciesProfile/profile/speciesProfile.action?spcode=B070

White Headed Woodpecker Picoides albolarvatus Bird of conservation concern Year-round Willow Flycatcher Empidonax traillii Bird of conservation concern Season: Breeding https://ecos.fws.gov/speciesProfile/profile/speciesProfile.action?spcode=B0F6

09/01/2015 04:39 IPaC Information for Planning and Conservation Page 5 Version 2.2.3 20160531-5268 FERC PDF (Unofficial) 5/31/2016 7:51:12 AM IPaC Trust Resource Report NWK4D-27775-H43PY-AJQIA-4T3YXU Refuges Any activity proposed on National Wildlife Refuge lands must undergo a 'Compatibility Determination' conducted by the Refuge. If your project overlaps or otherwise impacts a Refuge, please contact that Refuge to discuss the authorization process.

Mckay Creek National Wildlife Refuge 3,610.16 acres PHONE (541) 922-4661 ADDRESS 72650 Riverview Lane Irrigon, WA 97844

http://www.fws.gov/refuges/profiles/index.cfm?id=13582

09/01/2015 04:39 IPaC Information for Planning and Conservation Page 6 Version 2.2.3 20160531-5268 FERC PDF (Unofficial) 5/31/2016 7:51:12 AM IPaC Trust Resource Report NWK4D-27775-H43PY-AJQIA-4T3YXU Wetlands Impacts to NWI wetlands and other aquatic habitats from your project may be subject to regulation under Section 404 of the Clean Water Act, or other State/Federal Statutes.

Project proponents should discuss the relationship of these requirements to their project with the Regulatory Program of the appropriate U.S. Army Corps of Engineers District.

DATA LIMITATIONS The Service's objective of mapping wetlands and deepwater habitats is to produce reconnaissance level information on the location, type and size of these resources. The maps are prepared from the analysis of high altitude imagery. Wetlands are identified based on vegetation, visible hydrology and geography. A margin of error is inherent in the use of imagery; thus, detailed on-the-ground inspection of any particular site may result in revision of the wetland boundaries or classification established through image analysis.

The accuracy of image interpretation depends on the quality of the imagery, the experience of the image analysts, the amount and quality of the collateral data and the amount of ground truth verification work conducted. Metadata should be consulted to determine the date of the source imagery used and any mapping problems.

Wetlands or other mapped features may have changed since the date of the imagery or field work. There may be occasional differences in polygon boundaries or classifications between the information depicted on the map and the actual conditions on site.

DATA EXCLUSIONS Certain wetland habitats are excluded from the National mapping program because of the limitations of aerial imagery as the primary data source used to detect wetlands. These habitats include seagrasses or submerged aquatic vegetation that are found in the intertidal and subtidal zones of estuaries and nearshore coastal waters. Some deepwater reef communities (coral or tuberficid worm reefs) have also been excluded from the inventory. These habitats, because of their depth, go undetected by aerial imagery.

DATA PRECAUTIONS Federal, state, and local regulatory agencies with jurisdiction over wetlands may define and describe wetlands in a different manner than that used in this inventory. There is no attempt, in either the design or products of this inventory, to define the limits of proprietary jurisdiction of any Federal, state, or local government or to establish the geographical scope of the regulatory programs of government agencies. Persons intending to engage in activities involving modifications within or adjacent to wetland areas should seek the advice of appropriate federal, state, or local agencies concerning specified agency regulatory programs and proprietary jurisdictions that may affect such activities.

Freshwater Forested/shrub Wetland PFOA 0.658 acre PSSB 0.441 acre

Lake L2USCh 991.0 acres

Riverine R3UBH 0.774 acre

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Wetlands Downstream McKay Reservoir

Jun 9, 2015

This map is for general reference only. The US Fish and Wildlife Service is not responsible for the accuracy or currentness of the base data shown on this map. All wetlands related data should be used in accordance with the layer metadata found on the Wetlands Mapper web site. User Remarks: 20160531-5268 FERC PDF (Unofficial) 5/31/2016 7:51:12 AM

McKay Reservoir

Sep 2, 2015

This map is for general reference only. The US Fish and Wildlife Service is not responsible for the accuracy or currentness of the base data shown on this map. All wetlands related data should be used in accordance with the layer metadata found on the Wetlands Mapper web site. User Remarks: 20160531-5268 FERC PDF (Unofficial) 5/31/2016 7:51:12 AM

64010 Federal Register / Vol. 75, No. 200 / Monday, October 18, 2010 / Rules and Regulations

BILLING CODE 4310–55–C located in southwestern Washington (ii) Individual waterbodies in the unit (21) Unit 14: Walla Walla River Basin and northeastern Oregon. are bounded by the following (i) This unit consists of 383.7 km coordinates: (238.4 mi) of streams. The unit is

VerDate Mar<15>2010 17:44 Oct 15, 2010 Jkt 223001 PO 00000 Frm 00114 Fmt 4701 Sfmt 4700 E:\FR\FM\18OCR2.SGM 18OCR2 jlentini on DSKJ8SOYB1PROD with RULES2 ER18OC10.014 Checklist20160531-5268 | Birds of McKay FERC Creek PDF NWR (Unofficial) 5/31/2016 7:51:12 http://www.pendlet AM onbirders.org/Checklist_of_The_ Birds_of_McKay_C...

Compiled by Aaron Skirvin Current Number of Species Sighted: 173 Last Updated: 06 July 2013

New species added in 2013: American Crow, Mountain Chickadee, Red Crossbill, Lesser Goldfinch, Cassin's Finch, Bohemian Waxwing, Spotted Towhee, Gray Partridge

Encompassing McKay Reservoir and the lands immediately surrounding the reservoir, the 1,837-acre McKay Creek NWR is located about 5 miles south of Pendleton. At full pool, the reservoir covers about 1300 acres. The Bureau of Reclamation manages the dam and reservoir, while the US Fish and Wildlife Service manages the wildlife and wildlife habitat. The refuge is open to the public from March 1 to September 30. In addition, the southern half of the refuge is open to public access from October 1 through the end of the waterfowl hunting season, usually in late January. The refuge is closed to public access from the end of the waterfowl season through the end of February. A brochure that describes the refuge and contains a map is available at the refuge entrance. Visitors should pickup a brochure to see which areas of the refuge are open and closed to public access.

Birding is best in spring and fall. Several species of waterfowl and other water birds can be seen from March through mid-May. Many species of songbirds use the refuge for breeding and during spring migration. Mudflats on the southeast side and southwest corner of the reservoir usually attract a large variety of shorebirds during the fall migration. Habitats on the refuge include dry grassland, riparian woodland, lake, and mudflats. The wide variety of habitats, situated in the arid landscape of northern Umatilla County, attracts numerous species of birds over the course of a year. The following list contains a total of 173 species of birds that have been reported from McKay Creek NWR.

Greater White-fronted Goose Black-bellied Plover Warbling Vireo Snow Goose American Golden-Plover Black-billed Magpie Canada Goose Semipalmated Plover American Crow Tundra Swan Killdeer Common Raven Wood Duck Black-necked Stilt Horned lark Gadwall American Avocet Tree Swallow American Wigeon Greater Yellowlegs Violet-green Swallow Mallard Lesser Yellowlegs Northern Rough-winged Swallow Blue-winged Teal Solitary Sandpiper Bank Swallow Cinnamon Teal Spotted Sandpiper Cliff Swallow Northern Shoveler Whimbrel Barn Swallow Northern Pintail Long-billed Curlew Black-capped Chickadee Green-winged Teal Marbled Godwit Mountain Chickadee Canvasback Ruddy Turnstone Bushtit Redhead Sanderling Red-breasted Nuthatch Ring-necked Duck Dunlin Bewick’s Wren Greater Scaup Semipalmated Sandpiper House Wren Lesser Scaup Western Sandpiper Ruby-crowned Kinglet Surf Scoter Least Sandpiper Townsend’s Solitaire White-winged Scoter Baird’s Sandpiper American Robin Bufflehead Pectoral Sandpiper Varied Thrush Common Goldeneye Stilt Sandpiper Sage Thrasher Hooded Merganser Short-billed Dowitcher European Starling Common Merganser Long-billed Dowitcher American Pipit

1 of 2 9/4/2015 1:48 PM Checklist20160531-5268 | Birds of McKay FERC Creek PDF NWR (Unofficial) 5/31/2016 7:51:12 http://www.pendlet AM onbirders.org/Checklist_of_The_ Birds_of_McKay_C...

Red-breasted Merganser Wilson's Snipe Bohemian Waxwing Ruddy Duck Wilson’s Phalarope Cedar Waxwing Ring-necked Pheasant Red-necked Phalarope Orange-crowned Warbler Wild Turkey Red Phalarope Nashville Warbler California Quail Franklin’s Gull Yellow Warbler Gray Partridge Bonaparte’s Gull Yellow-rumped Warbler Common Loon Mew Gull MacGillivray’s Warbler Pied-billed Grebe Ring-billed Gull Common Yellowthroat Horned Grebe California Gull Wilson's Warbler Red-necked Grebe Herring Gull Western Tanager Eared Grebe Sabine’s Gull Spotted Towhee Western Grebe Caspian Tern American Tree Sparrow Clark’s Grebe Common Tern Chipping Sparrow American White Pelican Forster’s Tern Vesper Sparrow Double-crested Cormorant Black Tern Lark Sparrow Great Blue Heron Rock Pigeon Savannah Sparrow Great Egret Mourning Dove Song Sparrow Black-crowned Night-Heron Eurasian Collared-Dove Lincoln’s Sparrow White-faced Ibis Great Horned Owl White-crowned Sparrow Osprey Short-eared Owl Dark-eyed Junco Bald Eagle Common Nighthawk Black-headed Grosbeak Northern Harrier Vaux's Swift Lazuli Bunting Sharp-shinned Hawk Black-chinned Hummingbird Red-winged Blackbird Cooper’s Hawk Belted Kingfisher Western Meadowlark Swainson’s Hawk Lewis's Woodpecker Brewer’s Blackbird Red-tailed Hawk Downy Woodpecker Yellow-headed Blackbird Golden Eagle Northern Flicker Brown-headed Cowbird American Kestrel Western Wood-Pewee Bullock's Oriole Merlin Willow Flycatcher Red Crossbill Peregrine Falcon Say's Phoebe Purple Finch Prairie Falcon Western Kingbird Cassin's Finch American Coot Eastern Kingbird House Finch Sandhill Crane Northern Shrike Lesser Goldfinch American Goldfinch House Sparrow

2 of 2 9/4/2015 1:48 PM 20160531-5268 FERC PDF (Unofficial) 5/31/2016 7:51:12 AM Document Content(s) Houtama_McKay_P14546_PAD.PDF...... 1-104