Relocation of the Turtle Rock Rearing Facility
From: Osborn, Jeff To: Alex Martinez; Art Viola; Bitterman, Deborah; Bob Goedde; Bob Rose; Brad Caldwell; Bruce Heiner; Carl Merkle; Catherine Willard; Chamberlain, Vern; Gary Denniston; Hays, Steve; Hill, Courtney; Jerry Marco; Joe Kastenholz; Jon Merz; Osborn, Jeff; Pat Irle; Reed Glesne; Rich Domingue; Smith, Michelle; Steve Lewis; Tidd, Scott; Truscott, Keith; Yow, Gene; Bob Huber; Brad James; Bryan Nordlund; Carrington, Gregg E.; Chad Jackson; Dave Burgess; Hampton, Waikele M.; Hemstrom, Steven; Jim Blanchard; Jim Harris; Katrina Simmons; Keith Vradenburg; Keller, Lance; Ken Finicle; Miller, Joseph; Molly Hallock; Murauskas, Joshua; Patrick Verhey; R. D. Nelle; Susan Rosebrough; Tony Eldred; Tracy Hillman; cc: Pomianek, Kris; Pope, Von; Subject: Relocation of the Turtle Rock rearing facility Date: Wednesday, September 22, 2010 1:38:49 PM Attachments: Final for Forums hatchery amendment 2010 (reduced file size).pdf
Dear Chelan River Fishery Forum and Rocky Reach Fish Forum Members and Participants:
I am attaching a letter and appendices for your review, that describes Chelan PUD's request to FERC to relocate the Turtle Rock Island Acclimation Facility on the Columbia River for summer Chinook rearing and acclimation program to a new facility to be constructed at Chelan Falls near the Lake Chelan Project's Powerhouse.
I request your comments on whether you believe that this relocation and new facility will conflict with Chelan PUD's ability to implement the Lake Chelan or Rocky Reach Fishery Management Plans.
Please respond back to me by September 30 with any comments, or if you concur with this request, then no response is necessary.
Thank you in advance for taking the time to review this letter.
Jeff Osborn License Program Coordinator Natural Resources Programs Public Utility District No. 1 of Chelan County 327 North Wenatchee Avenue PO Box 1231 Wenatchee, WA 98807-1231 Phone: 509-661-4176 FAX: 509-661-8203
P U B L I C U T I L I T Y D I S T R I C T N O . 1 o f C H E L A N C O U N T Y P.O. Box 1231, Wenatchee, WA 98807-1231 • 327 N. Wenatchee Ave., Wenatchee, WA 98801 (509) 663-8121 • Toll free 1-888-663-8121 • www.chelanpud.org
September 14, 2010
Honorable Kimberly D. Bose, Secretary, and Nathaniel J. Davis, Sr., Deputy Secretary FEDERAL ENERGY REGULATORY COMMISSION 888 First Street NE Washington, DC 20426
Re: Rock Reach Hydroelectric Project No. 2145 Request to Relocate Operation of Turtle Rock Island Fish Hatchery Facility and Construct Replacement Rearing and Acclimation Facility at Chelan Falls.
Dear Secretary Bose and Deputy Secretary Davis,
Public Utility District No. 1 of Chelan County, Washington (Chelan PUD), licensee for the Rocky Reach Hydroelectric Project No. 2145 (Rocky Reach Project) and the Lake Chelan Hydroelectric Project No. 637 (Lake Chelan Project), hereby requests the Federal Energy Regulatory Commission’s (Commission) approval to relocate the Turtle Rock Island Acclimation Facility for the summer Chinook rearing and acclimation program to a new facility to be constructed at Chelan Falls, near the Lake Chelan Project’s powerhouse. The existing Turtle Rock Island Acclimation Facility is a project facility of the Rocky Reach Project. The new facility will be located on land that is within both the Rocky Reach and Lake Chelan project boundaries. The proposed facility change is based on consultation and agreement of the Rocky Reach and Rock Island Habitat Conservation Plans1 (HCPs) Hatchery Committees2.
Chelan PUD supports the proposed use, based on the terms contained herein, which will not result in any adverse environmental impact. The proposed use is consistent with the recreation plan and operations for both the Rocky Reach and Lake Chelan projects.
1 Public Utility District No. 1 of Chelan County, et. al., 107 FERC ¶ 61,280 (2004); Public Utility District No. 1 of Chelan County, 107 FERC ¶ 61,281 (2004) (Rocky Reach); Public Utility District No. 1 of Chelan County, 107 FERC ¶ 61,282 (2004) (Rock Island) (HCP Orders). 2 Application for Approval of Rocky Reach and Rock Island Anadromous Fish Agreement and Habitat Conservation Plans (filed November 24, 2003) (HCPs) at Section 8.2.2.: The Hatchery committee shall oversee development of recommendations for implementation of the hatchery elements of the Agreement that the District responsible for funding. This includes overseeing the implementation of improvements, monitoring and evaluation relevant to the District’s hatchery programs, as identified in the Hatchery Compensation Plan, the Permit and this Agreement. The Hatchery Committee members include: Chelan County PUD, Douglas County PUD, Washington Department of Fish and Wildlife, Confederated Tribes of the Colville Indian Reservation, Confederated Tribes and Bands of the Yakama Nation, National Marine Fisheries Service, and the United States Fish and Wildlife Service.
COMMISSIONERS: Carnan Bergren, Dennis S. Bolz, Ann Congdon, Norm Gutzwiler, Randy Smith GENERAL MANAGER: John Janney Federal Energy Regulatory Commission
Background The Turtle Rock Island Acclimation Facility is operated as a mitigation facility for fishery impacts caused by construction and operation of the Rocky Reach Hydroelectric Project. The facility is located adjacent to the Columbia River two miles upstream from Rocky Reach Dam at river mile 475 on the Columbia River. The facility is used for Wenatchee steelhead and summer Chinook salmon rearing. (See Appendix A, Vicinity Map.)
On February 19, 2009, the Commission issued an Order on Offer of Settlement and Issuing New License for the Rocky Reach Hydroelectric Project (License).3 Appendices (C) and (E) of Ordering Paragraphs (F) and (H), respectively, of the new License includes the National Marine Fisheries Service prescriptions and incidental intake statement. Appendix B of Ordering Paragraph (E) of the new License includes U.S. Fish and Wildlife Service prescriptions pursuant to Section 18 of the Federal Power Act of which Article 10 requires the following:
Article 10. Habitat Conservation Plan (a) The Licensee shall carry out its obligations as set forth in the 50-year HCP Agreement for the Rocky Reach Hydroelectric Project No. 2145, filed with the Commission on November 24, 2003, as approved by the Commission at 107 FERC ¶ 61,280 (2004) and 107 FERC ¶ 61,281 (2004), and prescribed by National Marine Fisheries Service (NMFS) and the U.S. Fish and Wildlife Service pursuant to Section 18 of the Federal Power Act. Further, the licensee shall file with the Commission: (1) the final annual and comprehensive progress reports developed pursuant to the HCP; and (2) the final results of all studies and testing pursuant to the HCP.
(b) Prior to taking any action pursuant to the HCP that requires a change in the authorized project facilities or operations not specifically identified in the HCP, the licensee shall file a license amendment application.
(c) The licensee shall file design drawings prior to the implementation of any modification or addition to project works that is necessary to implement the HCP. The licensee shall file such design drawings for Commission approval at least 90 days prior to the start of construction or modification. The licensee will file as-built drawings with the Commission within six months after completion of construction or modification.
These ordering paragraphs provide for the relocation and replacement of fish facilities to improve the functionality and productivity of fish measures to meet the objectives identified by the HCP Committees.
Project description and schedule Chelan PUD, in conjunction with the HCP Hatchery Committees and other project stakeholders have agreed4 that the final rearing and acclimation for the Turtle Rock Island summer Chinook program be moved to a new facility to be built and operational in 2011. The new facility is to be located in Chelan Falls, near the Lake Chelan Project’s powerhouse. The new yearling program will be made up of 400,000 fish from the conversion of subyearlings and an additional 200,000 fish from the current production requirements (subject to revision in 2013 per the HCP). The HCP Hatchery Committees agree that relocating the rearing and acclimation of summer Chinook from the Turtle Rock Island Acclimation Facility to an area near Chelan Falls will result in fish returning to that location and will compliment the new fish habitat improvements made in the Reach 4 section of the Chelan River under the Lake Chelan Project’s new license.5
3 Public Utility District No. 1 of Chelan County, 126 FERC ¶61,138 (License). 4 See consultation record attached. 5 Public Utility District No. 1 of Chelan County, 117 FERC ¶62,129.
Rocky Reach Hydroelectric Project No. 2145 HCP Fish Hatcheries FN/35459 Page 2 September 2010 Federal Energy Regulatory Commission
The rearing and acclimation facility at Chelan Falls will include a pump station on the left bank of the new Chelan Falls Powerhouse tailrace, rearing ponds, a volitional fish outlet, a waste cleaning system, and various support buildings associated with the facility. To meet the schedule for this project, the District proposes implementing the work in three phases. The first phase is site grading and relocation of an existing waterline. The second phase will be advance bidding of long lead equipment such as pumps, pump barrels, pump controls, and intake fish screens. The third phase of the project will be construction of in-water structures, all facility structures, and installation of the pump equipment. The supporting design report is attached as Appendix B.
As required by Article 302 of the Rocky Reach Project License, on June 3, 2010, Chelan PUD submitted contract plans and specifications, a quality control and inspection program, a temporary construction emergency action plan, and a soil erosion and sediment control plan for the first phase of work to the Division of Dam Safety and Inspections Portland Regional Engineer (with two copies to the Commission). Chelan PUD will file as-built drawings with the Commission upon completion of the project.
The cost for developing the new facility is estimated to between $3.7 and $8.2 million. Chelan PUD will fund construction and own the facility upon completion.
The proposed construction schedule is as follows: October 2010 Phase 1 – site grading and relocation of an existing waterline. Fall 2010 Phase 2 – Advertising for pumps, pump controls, and intake fish screens. Spring/Summer 2011 Phase 3 - Construction of facility structures and installation of pump equipment.
All facilities will be located within the existing Project boundaries and will require no additional acquisition of land. The work will not involve the disturbance of any new areas. No modification of the Project boundaries will be sought or required to accommodate the proposed relocation.
Documentation of permitting and consultation with appropriate agencies Chelan PUD has obtained all necessary rights and permits from the federal, state, county, or municipal authorities in connection with the construction of the project works covered by this request and intends to comply with any applicable regulations. Permit documentation is attached as Appendix C. The new facility will be conducted using Best Management Practices and in accordance to the guidelines identified through the permitting process.
Chelan PUD completed consultation with the Washington State Historical Preservation Officer (SHPO) and potentially-affected Indian tribes about the need for a cultural resources survey. Documentation of consultation is attached as Appendix D. (CPUD is pursuing this consultation and will insert in final FERC submittal.)
In addition, Chelan PUD requested comments from the Rocky Reach Recreation Forum, Rocky Reach Fish Forum and the Rocky Reach Wildlife Forum (established in the Rocky Reach Project Comprehensive Settlement Agreement for relicensing) to ensure the proposed work is compatible with the Commission approved management plans and Project operations. (CPUD is sending draft amendment to forums and will insert consultation in final FERC submittal.) All comments were considered in this application. Any recommendations not accepted by Chelan PUD have been identified along with Chelan PUD’s reasons. Refer to Appendix D for consultation documentation.
HCP Fish Hatcheries Rocky Reach Hydroelectric Project No. 2145 September 2010 Page 3 FN/35459
APPENDIX A – VICINITY MAP
CHELAN
Willmorth Dr INDEX OF DRAWINGS 150 SHEET DRAWING TITLE NO. NO. GENERAL 1 4044-50GA-0013 COVER SHEET 2 4044-50GA-0014 INDEX TO DRAWINGS, LOCATION AND VICINITY MAPS 3 4044-50GA-0015 GENERAL ABBREVIATIONS 4 4044-50GA-0016 CIVIL & MECHANICAL LEGEND 5 4044-50GA-0017 STATEMENT OF SPECIAL INSPECTIONS 6 4044-50GA-0018 OVERALL SITE PLAN
CIVIL 7 4044-50CI-0029 CIVIL SITE PLAN 8 4044-50CI-0030 CIVIL DETAILS 9 4044-50CI-0031 TEMPORARY ACCESS GRADING PLAN 10 4044-50CI-0032 TEMPORARY ACCESS AT PUMP STATION SITE - PLAN 11 4044-50CI-0033 TEMPORARY ACCESS AT PUMP STATION SITE - SECTION 12 4044-50CI-0034 TEMPORARY ACCESS AT FISH RETURN SITE - PLAN 13 4044-50CI-0035 TEMPORARY ACCESS AT FISH RETURN SITE - SECTION 14 4044-50CI-0036 TESC PLAN STRUCTURAL 15 4044-50ST-0001 PILES AT PUMP STATION SITE - PLAN 16 4044-50ST-0002 PILES AT PUMP STATION SITE - SECTION 17 4044-50ST-0003 PILE AT FISH RETURN SITE - PLAN 18 4044-50ST-0004 PILE AT FISH RETURN SITE - SECTION R I V E R
PROJECT SITE $PLOTTIME PROJECT SITE 97
I L I P P H P E T W A S A O F H CHELAN N I N U E E G T C T T I
A O N E T N I R
S COUNTY V
P
R $PLOTDATE R E O E F R 43626 E D N E G E I S I S T E R S G I E N O N A L
ORIGINAL SIGNED BY: VINCENT AUTIER C O L U M B I A DATE ORIGINAL SIGNED: DOCUMENTS STORED AT: CHELAN PUD NO. 1 OF CHELAN COUNTY, WENATCHEE, WA
POWER CHELAN COUNTY CEII CLASSIFIED DOCUMENT Chelan County CONFIDENTIAL AND PROPRIETARY Douglas County INFORMATION OF $FILENAME CHELAN COUNTY PUD#1 0 500 1000 1500 LOCATION MAP DO NOT COPY OR DISSEMINATE DRAFT-NOT FOR CONSTRUCTION VICINITY MAP Scale In Feet WITHOUT PUD APPROVAL
371503 PRIM. ENG. V. AUTIER CHELAN FALLS REARING/ACCLIMATION FACILITY-IN WATER WORK 2 18 GENERAL 2ND ENG. K. WEIGUM INDEX TO DRAWINGS, . DESIGNER R. GATTON LOCATION AND VICINITY MAPS MAY 2010 Filename: - Filename: CONSULTANT APPROVAL J. KAPLA TO HWY 2 BID NO. 10-21 4044-50GA-0014
APPENDIX B – SUPPORTING DESIGN REPORT
(to be inserted in final FERC submittal)
APPENDIX C – PERMITS
Washington HYDRAULIC PROJECT APPROVAL North Central Department of 1550 Alder Street NW FISH and RCW 77.55.021 - See appeal process at end of HPA Ephrata, WA 98823-9699 WILDLIFE (509) 754-4624
Issue Date: August 23, 2010 Control Number: 120999-1 Project Expiration Date: August 22, 2015 FPA/Public Notice #: N/A
PERMITTEE AUTHORIZED AGENT OR CONTRACTOR Public Utility District No. 1 of Chelan County ATTENTION: Waikele Hampton PO Box 1231 Wenatchee, WA 98807-1231 509-661-4627 Fax: 509-661-8165
Project Name: Chelan Falls Rearing Acclimation Facility Project Description: Construction of a new fish rearing facility comprised of two 30 ft X 250 ft rearing ponds, a cleaning waste system, two buildings, power and pump station and an outfall.
PROVISIONS 1. TIMING LIMITATIONS: The project may begin: 23 August 2010 and shall be completed by 22 August 2015, PROVIDED: a) Work below the ordinary high water line shall be conducted only between 1 July and 28 February of any year, unless cofferdam is in place, b) Vegetation shall be planted within 1 year of in project implementation, c) Vegetation success to 80% shall be assured prior to the end date of this permit.
2. NOTIFICATION REQUIREMENT: Prior to the start of construction activities Enforcement Officer Oswald shall receive notification at 509-662-0452 or email at [email protected] from the person to whom this Hydraulic Project Approval (HPA) is issued (permittee) or the agent/contractor. The notification shall include the permittee's name, project location, starting date for work or completion date of work, and the control number for this HPA.
3. NOTIFICATION REQUIREMENT: The Area Habitat Biologist listed below shall receive notification from the person to whom this Hydraulic Project Approval (HPA) is issued (permittee) or the agent/contractor, and again within seven days of completion of work to arrange for a compliance inspection. The notification shall include the permittee's name, project location, starting date for work or completion date of work, and the control number for this HPA.
4. This Hydraulic Project Approval allows the construction of a new fish rearing facility comprised of two 30 ft X 250 ft rearing ponds, a cleaning waste system, two buildings, power and pump station and an outfall.
5. Work shall be accomplished per plans and specifications approved by the Washington Department of Fish and Wildlife entitled JARPA and dated 28 November 2008, except as modified by this Hydraulic Project Approval. A copy of these plans shall be available on site during construction.
Page 1 of 8 Washington HYDRAULIC PROJECT APPROVAL North Central Department of 1550 Alder Street NW FISH and RCW 77.55.021 - See appeal process at end of HPA Ephrata, WA 98823-9699 WILDLIFE (509) 754-4624
Issue Date: August 23, 2010 Control Number: 120999-1 Project Expiration Date: August 22, 2015 FPA/Public Notice #: N/A
SITE PREPARATION 6. In areas where the bank will be disturbed, prior to starting work, temporary filter fabric fence shall be installed to prevent sediment from entering the stream. Accumulated sediments shall be removed during the project and prior to removing the filter fence after completion of work.
7. The type of filter fabric used shall be based on soil conditions at the site: for soils that will pass US standard sieve 200 the equivalent opening size (EOS) shall be selected to retain 85% of the soil; for all other soil types the EOS shall be no larger than US standard sieve 100.
8. A trench following the contour should be excavated approximately 8 inches wide and 12 inches deep along the line of the posts and upslope from the barrier.
9. For standard strength filter fabric, a wire mesh support fence shall be fastened securely to the upslope side of the posts and the fabric stapled or wired to the mesh. For extra strength fabric the wire mesh fence may be eliminated.
10. The trench shall be backfilled with native material or three-quarter inch minimum diameter washed gravel.
11. Any large wood, native vegetation, weed-free topsoil or native material displaced during construction shall be stockpiled for use in site restoration.
12. All temporary erosion controls shall be in place and appropriately installed down slope of applicable project activities until site restoration is complete.
ISOLATION OF IN-WATER WORK: 13. Prior to any in-water work for the construction of the pump water supply, bank protection or outfall, a barrier, such as a middleweight curtain floating barrier, shall be installed around the perimeter of the work area and a sheet pile cofferdam shall be installed.
14. Pile installation or pile driving shall be accomplished using a vibratory floating and/or other WDFW authorized pile drive or pile driving system only.
15. If pilings are installed using a drop or impact hammer, sound attenuation shall be employed.
16. Pile drivers may use constructed work platforms, e.g., a barge, to access construction locations.
17. Pile driving shall occur only during daylight hours.
18. The permittee shall capture and safely move food fish, game fish, and other fish life from the job site.The permittee shall have fish capture and transportation equipment ready and on the job site.Captured fish shall be immediately and safely transferred to free-flowing water downstream of the project site.The permittee may request the Washington Department of Fish and Wildlife assist in capturing and safely moving fish life from the job site to free-flowing water, and assistance may
Page 2 of 8 Washington HYDRAULIC PROJECT APPROVAL North Central Department of 1550 Alder Street NW FISH and RCW 77.55.021 - See appeal process at end of HPA Ephrata, WA 98823-9699 WILDLIFE (509) 754-4624
Issue Date: August 23, 2010 Control Number: 120999-1 Project Expiration Date: August 22, 2015 FPA/Public Notice #: N/A be granted if personnel are available.
PUMP STATION 19. The screens shall be installed such that they are lowered to the riverbed directly above their intended position.
20. Maintenance, cleaning and/or removal shall be done in a manner such that the screens are raised and lowered in their intended locations. The screens and pipe shall not be dragged along the riverbed.
21. Any device used for diverting or pumping water from a fish-bearing stream shall be equipped with a fish guard to prevent passage of fish into the diversion device pursuant to RCW 77.57.010. To prevent fish from entering the system the pump intake shall be screened with either: a. 0.06 inch (eighteen gauge) woven wire mesh with openings no greater than 0.087 inches; or b. Perforated plate with openings no greater than 0.094 inch (3/32 inch); or c. Profile bar with openings no greater than 1.75 millimeter (0.069 inch).
22. The screened intake shall consist of a facility with enough surface area to ensure that the velocity through the screen is less than four-tenths feet per second, but in no case shall the surface area be less than one square foot. Screens shall be maintained to prevent injury or entrapment to juvenile fish and screens shall remain in place whenever water is withdrawn from the stream through the pump intake.
OUTFALL 23. The outfall pipe pier shall be constructed completely in the dry or isolated from any water using a form or cofferdam.Any water that comes in contact with concrete within the form shall be pumped to an upland location.See provision 46.
24. The end of the pipe shall be located such that it will be protected during high flows in a manner that will not negatively impact fish passage or stream flows.
25. The outfall shall be constructed to prevent the entry of fish.
26. The stream bank at the point of discharge shall be armored to prevent scouring.
27. Excavation for the placement of armoring materials shall be isolated from the wetted perimeter.
28. The outfall facility shall be maintained by the owner(s) per RCW 77.57.030 to ensure continued, unimpeded fish passage.If the structure becomes a hindrance to fish passage, the owner(s) shall be responsible for obtaining a Hydraulic Project Approval and providing prompt repair.Financial responsibility for maintenance and repairs shall be that of the owner.
EQUIPMENT AND WATER QUALITY 29. Equipment used for this project below or within 25 feet of the Ordinary High Water Line operating with hydraulic fluid shall use only those fluids certified as non-toxic to aquatic organisms.
Page 3 of 8 Washington HYDRAULIC PROJECT APPROVAL North Central Department of 1550 Alder Street NW FISH and RCW 77.55.021 - See appeal process at end of HPA Ephrata, WA 98823-9699 WILDLIFE (509) 754-4624
Issue Date: August 23, 2010 Control Number: 120999-1 Project Expiration Date: August 22, 2015 FPA/Public Notice #: N/A
30. The contractor shall develop an adequate, site specific Spill Prevention and Countermeasure or Pollution Control Plan which shall include: site plan and narrative describing methods of erosion and sediment control; methods for confining, removing, and disposing of excess construction materials and measures for equipment washout facilities; a spill containment plan; and measures to reduce/recycle hazardous and non-hazardous wastes.
31. The spill containment control plan shall include the following information: notification procedures, specific cleanup and disposal instructions for different products, quick response containment and cleanup measures, proposed methods of disposal of spilled materials and employee training on spill containment.
32. Materials for containment and cleanup shall be available onsite during pre-construction, construction and restoration phases of the project.
33. Vehicle staging, cleaning, maintenance, refueling, and fuel storage shall be located a minimum of 150 feet from the tailrace waters, Chelan or Columbia Rivers, or any other water body.
34. When heavy equipment is used, the equipment selected shall have the least adverse effects on the environment, e.g., minimally sized, low ground pressure.
35. Equipment used for this project shall be free of external petroleum-based products.Accumulation of soils or debris shall be removed from the drive mechanisms (wheels, tires, tracks, etc.) and undercarriage of equipment prior to its use within 150 feet of adjacent waterbody. Equipment shall be checked daily for leaks and any necessary repairs shall be completed prior to commencing work activities.
36. Heavy equipment shall work from onshore staging areas with the exception of an excavator arm or bucket.
37. Equipment used for this project shall not enter or operate below the ordinary high water line.
38. All stationary power equipment such as generators, cranes or stationary drilling equipment, operated within 150 feet of any waterbody shall be diapered to prevent leaks unless suitable containment is provided to prevent potential spills from entering the water.
39. All treated wood piling and lumber to be used for the project shall meet or exceed the standards established in, 'Best Management Practices For the Use of Treated Wood in Aquatic Environments' developed by the Western Wood Preservers Institute, revised July 1996.All ACZA, e.g., Chemonite treated wood piling and lumber, shall be treated by the manufacturer per the Post Treatment Procedures outlined in 'BMP Amendment #1 - Amendment to the Best Management Practices for the Use of Treated Wood in Aquatic Environments: USA Version - Revised July 1996', by the Western Wood Preservers Institute dated April 17, 2002 or current revision.
40. If ACZA treated wood is used all ACZA wood treatment methods shall be verified by providing a
Page 4 of 8 Washington HYDRAULIC PROJECT APPROVAL North Central Department of 1550 Alder Street NW FISH and RCW 77.55.021 - See appeal process at end of HPA Ephrata, WA 98823-9699 WILDLIFE (509) 754-4624
Issue Date: August 23, 2010 Control Number: 120999-1 Project Expiration Date: August 22, 2015 FPA/Public Notice #: N/A signed and dated certification from a third party.
41. All treated wood shall be professionally treated and completely cured prior to installation below the ordinary high water line to minimize leaching into the water or substrate. The use of wood treated with creosote or pentachlorophenol is not authorized.
42. Wooden components in contact with the water shall not contain creosote or pentachlorophenol. This shall include pilings, beams, structural supports, and decking. These components shall remain free of these toxic substances for the duration of their functional lives.
43. All waste material such as construction debris, silt, excess dirt or overburden resulting from this project shall be deposited above the limits of floodwater in an approved upland disposal site.
44. Extreme care shall be taken to ensure that no petroleum products, hydraulic fluid, fresh cement, sediments, sediment-laden water, chemicals, or any other toxic or deleterious materials are allowed to enter or leach into the stream.
45. No concrete or fresh cement shall be poured directly within, allowed to fall or leach into or, wasted within the area below the Ordinary High Water Line (OHWL) or wetted perimeter of the river.
46. Authorized concrete work shall be done completely in the dry and totally landward of the current wetted perimeter at the time of construction. Concrete and concrete by-products shall be completely sealed off from the wetted perimeter, above the OHWL and totally contained through the use of sealed forms and or other watertight leak-proof containment. No concrete or concrete by- products shall be allowed to contaminate the shoreline areas.
47. All authorized fresh concrete shall be protected from the weather and cured a minimum of seven (7) days prior to contact with the elements and/or state waters.
48. Wastewater from project activities and water removed from within the work area shall be routed to an area landward of the ordinary high water line to allow removal of fine sediment and other contaminants prior to being discharged to the stream.
49. No substances harmful or toxic to fish or shellfish such as wood, metal or concrete preservatives, paints, sealers or glues shall be applied to any part of the in-water systems at any time during its functional life without prior approval from WDFW.
50. If at any time, as a result of project activities, fish are observed in distress, a fish kill occurs, or water quality problems develop (including equipment leaks or spills), immediate notification shall be made to the Washington Military Department Emergency Management Division, and to the Area Habitat Biologist listed below.You may not resume work until the Washington Department of Fish and Wildlife gives approval. The Washington Department of Fish and Wildlife may require additional measures to mitigate the impacts.
Page 5 of 8 Washington HYDRAULIC PROJECT APPROVAL North Central Department of 1550 Alder Street NW FISH and RCW 77.55.021 - See appeal process at end of HPA Ephrata, WA 98823-9699 WILDLIFE (509) 754-4624
Issue Date: August 23, 2010 Control Number: 120999-1 Project Expiration Date: August 22, 2015 FPA/Public Notice #: N/A
SITE RESTORATION 51. Damaged banks shall be restored to a natural slope pattern and profile that is suitable for establishment of permanent woody vegetation.
52. To prevent future erosion, stem invasion of noxious weeds and partially restore, reclaim or enhance any disturbed or degraded areas of the project site, the permittee shall re-vegetate with native erosion control grass seed mix such as one consisting of: 30% Hard fescue (Festuca trachyphylla), 20% Sheep fescue (Festuca ovina, 20% Crested wheatgrass (Agropyron desertorum), 20% Rush intermediate wheatgrass (Thinopyrum intermedium), 10% Sherman big bluegrass (Poa secunda 'Sherman') at a rate of 10-12 lbs/acre.
53. Upon completion of this project, all temporary structures, devices materials or equipment shall be completely removed from the site and all excess spoils and/or waste materials properly disposed of as per provision 43. The bed, bank and shoreline areas shall be fully restored to as close to their pre-project natural condition as possible.
54. When floating or submerged large wood debris must be moved to allow the reasonable use of in-water facilities, the wood shall be relocated within the water at a similar depth and location such that it will continue to provide comparable aquatic habitat function in the new location.
55. The permittee shall profusely vegetate the bank with a diverse assemblage of species native to the project area or region such as, but not limited to: black cottonwood (Populus trichocarpa), red- osier dogwood (Cornus stolonifera) and any of the following: water birch (Betula occidentalis), mountain alder (Alnus incana), Pacific willow (Salix lasiandra), coyote willow (Salix exigua), Woods rose (Rosa woodsii) or Nootka rose (Rosa nutkana). Noxious or invasive plants shall not be used.
56. All of the above required woody, riparian plants shall consist of large bare root nursery or container stock or, local transplanted native cuttings, spaced a minimum of 3 to 5 feet on center (except black cottonwood which can be spaced on 10 foot centers), shall be protected from deer, beaver, rodents, etc., regularly watered and weeded, and properly maintained until established, and replaced as necessary for a period of at least three (3) years to assure and achieve a minimum of 80% survival by the end of the third growing season.Vegetation shall be established before 1 May of the year following construction.
57. The final site condition shall ensure that there is no net loss of aquatic productivity, fish or shellfish life or their habitats resulting from this project and shall not produce any negative or long- term cumulative impacts to local fish life and their habitat.
Page 6 of 8 Washington HYDRAULIC PROJECT APPROVAL North Central Department of 1550 Alder Street NW FISH and RCW 77.55.021 - See appeal process at end of HPA Ephrata, WA 98823-9699 WILDLIFE (509) 754-4624
Issue Date: August 23, 2010 Control Number: 120999-1 Project Expiration Date: August 22, 2015 FPA/Public Notice #: N/A
PROJECT LOCATIONS
Location #1 Chelan Falls Acclimation Pond WORK START: August 23, 2010 WORK END: August 22, 2015 WRIA: Waterbody: Tributary to: 47.0052 Chelan River (rb) Columbia River 1/4 SEC: Section: Township: Range: Latitude: Longitude: County: SE 1/4 30 27 N 23 E N 47.805872603 W 119.98748192 Chelan Location #1 Driving Directions
Powerhouse Road, Chelan Falls - adjacent to Powerhouse Park parking area.
APPLY TO ALL HYDRAULIC PROJECT APPROVALS
This Hydraulic Project Approval pertains only to those requirements of the Washington State Hydraulic Code, specifically Chapter 77.55 RCW (formerly RCW 77.20). Additional authorization from other public agencies may be necessary for this project. The person(s) to whom this Hydraulic Project Approval is issued is responsible for applying for and obtaining any additional authorization from other public agencies (local, state and/or federal) that may be necessary for this project.
This Hydraulic Project Approval shall be available on the job site at all times and all its provisions followed by the person(s) to whom this Hydraulic Project Approval is issued and operator(s) performing the work.
This Hydraulic Project Approval does not authorize trespass.
The person(s) to whom this Hydraulic Project Approval is issued and operator(s) performing the work may be held liable for any loss or damage to fish life or fish habitat that results from failure to comply with the provisions of this Hydraulic Project Approval.
Failure to comply with the provisions of this Hydraulic Project Approval could result in a civil penalty of up to one hundred dollars per day and/or a gross misdemeanor charge, possibly punishable by fine and/or imprisonment.
All Hydraulic Project Approvals issued under RCW 77.55.021 are subject to additional restrictions, conditions, or revocation if the Department of Fish and Wildlife determines that changed conditions require such action. The person(s) to whom this Hydraulic Project Approval is issued has the right to appeal those decisions. Procedures for filing appeals are listed below.
Requests for any change to an unexpired HPA must be made in writing. Requests for new HPAs must be made by submitting a new complete application. Send your requests to the department by: mail to the Washington Department of Fish and Wildlife, Habitat Program, 600 Capitol Way North, Olympia, Washington 98501-1091; e-mail to [email protected]; fax to (360) 902-2946; or hand-delivery to the Natural Resources Building, 1111 Washington St SE, Habitat Program, Fifth floor.
Page 7 of 8 Washington HYDRAULIC PROJECT APPROVAL North Central Department of 1550 Alder Street NW FISH and RCW 77.55.021 - See appeal process at end of HPA Ephrata, WA 98823-9699 WILDLIFE (509) 754-4624
Issue Date: August 23, 2010 Control Number: 120999-1 Project Expiration Date: August 22, 2015 FPA/Public Notice #: N/A
APPEALS INFORMATION
If you wish to appeal the issuance, denial, conditioning, or modification of a Hydraulic Project Approval (HPA), you may request an informal or formal appeal.
A. INFORMAL APPEALS: WAC 220-110-340 is the rule describing how to request an informal appeal of Washington Department of Fish and Wildlife (WDFW) actions taken under Chapter 77.55 RCW. Please refer to that rule for complete informal appeal procedures. The following information summarizes that rule.
A person who is aggrieved by the issuance, denial, conditioning, or modification of an HPA may request an informal appeal of that action. You must send your request to WDFW by: mail to the Washington Department of Fish and Wildlife HPA Appeals Coordinator, 600 Capitol Way North, Olympia, Washington 98501-1091; e-mail to [email protected]; fax to (360) 902-2946; or hand-delivery to the Natural Resources Building, 1111 Washington St SE, Habitat Program, Fifth floor. WDFW must receive your request within 30 days from the date you receive notice of the decision. If you agree, and you applied for the HPA, resolution of the appeal may be facilitated through an informal conference with the WDFW employee responsible for the decision and a supervisor. If a resolution is not reached through the informal conference, or you are not the person who applied for the HPA, the HPA Appeals Coordinator or designee will conduct an informal hearing and recommend a decision to the Director or designee. If you are not satisfied with the results of the informal appeal, you may file a request for a formal appeal.
B. FORMAL APPEALS: WAC 220-110-350 is the rule describing how to request a formal appeal of WDFW actions taken under Chapter 77.55 RCW. Please refer to that rule for complete formal appeal procedures. The following information summarizes that rule.
A person who is aggrieved by the issuance, denial, conditioning, or modification of an HPA may request a formal appeal of that action. You must send your request for a formal appeal to the clerk of the Pollution Control Hearings Boards and serve a copy on WDFW within 30 days from the date you receive notice of the decision. You may serve WDFW by mail to the Washington Department of Fish and Wildlife HPA Appeals Coordinator, 600 Capitol Way North, Olympia, Washington 98501-1091; e-mail to [email protected]; fax to (360) 902-2946; or hand-delivery to the Natural Resources Building, 1111 Washington St SE, Habitat Program, Fifth floor. The time period for requesting a formal appeal is suspended during consideration of a timely informal appeal. If there has been an informal appeal, you may request a formal appeal within 30 days from the date you receive the Director's or designee's written decision in response to the informal appeal.
C. FAILURE TO APPEAL WITHIN THE REQUIRED TIME PERIODS: If there is no timely request for an appeal, the WDFW action shall be final and unappealable.
ENFORCEMENT: Sergeant Brown (49) P2 Habitat Biologist for Director Connie Iten 509-826-3123 WDFW CC: Chelan County Planning - emailed D. Martin, ACOE - emailed G. Graf, Ecology, Yakima - emailed C. Winther, WADNR - emailed NOAA Fisheries, Ellensburg - emailed USFWS, Wenatchee - emailed
Page 8 of 8
APPENDIX D – CONSULTATION DOCUMENTATION
(cultural and forum consultation to be inserted in final FERC submittal)
Statement of Agreement for the Program Conversion and Movement of the Turtle Rock Summer Chinook Hatchery Program to a New Facility near the Chelan Falls Powerhouse1.
Rocky Reach and Rock Island HCP Hatchery Committees May 17th, 2006
Statement The Rocky Reach and Rock Island HCP Hatchery Committees agree that Chelan PUD should move final rearing and acclimation for the Turtle Rock summer Chinook program, to a new facility that will be built near the Chelan Powerhouse area. The new yearling program will be made up of 400,000 fish from the conversion from subyearlings and an additional 200,000 fish from the current production requirements (that are subject to revision in 2013 per the HCP). The District agrees to consider retaining some portion of the subyearling program, as long as it can be accommodated within the current future facility modifications that have been agreed to by the hatchery committee previously.
Background Originally, the District built a spawning channel on Turtle Rock Island to mitigate for lost spawning areas in the mainstem Columbia for late-run (summer/fall) Chinook. It was built to accommodate 300 Chinook pairs (600 fish total). The following highlights programmatic changes that have occurred since 1963.
• 1963: two acre pond built to improve fry survival • 1967: it was agreed that this program was a failure due to poor survival for spawners and juveniles • 1968: a new agreement was reached that changed production to coho (for fish culture reasons) • 1975: installed two portable raceways, immediately downstream of RR for this program • 1977: installed three more raceways for a survival study • 1980: the District and WDF agreed to experiment with rearing summer Chinook in addition to the coho program (which had been about 500,000 fish per year). The intent of this agreement was to raise 500,000 summer Chinook, with 300,000 raised as accelerated subyearlings, and the other 200,000 raised to yearlings. This program required additional portable raceways, so the total was increased to eight. • 1984: As part of the first interim stipulation, 200,000 late-run Chinook were designated for passage losses • 1993: Coho program terminated under the auspices of the third revised stipulation,2 it was abandoned because of poor performance (number of returning adults) in favor of
1 This document was revised in May 2006 from an original agreement considered by the Committee in 2005. 2 The first agreement signed between the agencies and tribes and the District occurred in 1979 under what is called the “mid-Columbia Proceeding.” The original agreement lasted until 1984, when an interim stipulation of the was entered into for 2 years for Rocky Reach (Rock Island’s portion of the mid-C Proceeding was satisfied under the Settlement Agreement through the relicensing process in 1989). Further interim stipulations were agreed to through 1995 (which
a fall Chinook program. District required to fund the raising of 54,400 pounds of fall Chinook and 30,000 pounds of steelhead (no change). • Current Chinook production goals are 200,000 yearlings and 1,694,000 subyearlings.
WDFW has proposed that the subyearling program be converted to a yearling program (1,694,000 subyearlings to 400,000 yearlings), and that the final rearing of the fish be moved from Turtle Rock to the area near Chelan Falls, so a local fishery can be developed in the vicinity. Achieving this objective is more in line with the original intent of the hatchery program goals, and is recommended in the BAMP:
“In Phase B, production of 1,620,000 subyearling summer Chinook salmon at Rocky Reach FH would be changed to 400,000 marked yearling summer chinook for acclimation and release from a facility (preferably near Whitestone Creek confluence) on the Okanogan River.” (Section 2.66, page 59)
“Stray” rates from the Turtle Rock program can be extensive in some years. Since the fish are released in the mainstem upstream of Rocky Reach Dam, fish are not necessarily, homed into a specific return location. Therefore, releasing fish raised on Chelan River water will most likely have them return to that location. This relocation should compliment the new habitat improvements that the District will make under its new license in the lower section of the Chelan River.
Survival of yearling fish compared to subyearlings is much higher, so less infrastructure and resource (broodstock) would be necessary to achieve the same number of adults returning.
was the fourth). Efforts were made to enter into a 5th interim stipulation, but were abandoned because the HCP negotiations were under way at the time. The HCP specifically states that the RI settlement agreement and all other processes for Rocky Reach (the only legally binding process is the Biological Opinion for the construction of the bypass trap, and the new BiOp for the HCP) will be superceded upon FERC’s insertion of the HCP into our licenses. Rocky Reach and Rock Island HCP Hatchery Committees Statement of Agreement on Production Levels for Chelan County PUD’s Turtle Rock Summer Chinook Hatchery Program October 18th, 2006
Statement The HCP Hatchery Committee (HC) agrees that the hatchery production levels to be raised at the new facility at Chelan Falls shall not exceed 600,000 yearling summer Chinook, 400,000 for original inundation and no greater than 200,000 for Rocky Reach passage losses. The HC agrees that broodstock collection, holding and spawning for the Chelan Falls facility will continue to be conducted at Wells Hatchery, unless the HCP HC agrees in the future that new information warrants a change.
Background At the May 17, 2006 meeting, the HCP HC agreed to change the current Turtle Rock summer Chinook program from approximately 1.6 million sub yearlings to 400,000 yearlings, raised at a new facility at Chelan Falls. In addition, there is currently a component of the Turtle Rock Island hatchery program that can be adjusted beginning in 2013. The current production level for the adjustable component of the program is 200,000 fish.
Since this is primarily a harvest augmentation program, which most likely will supplement a limited spawning habitat (being constructed in the lower Chelan River under the new license), it seems reasonable that the production from this facility should be capped at 600,000 yearling Chinook. Further, since this program is not designed to supplement an existing locally adapted population, the broodstock for this program will be collected and spawning will be conducted at the Wells Hatchery, unless the HCP HC agrees in the future that new information warrants a change in broodstock source. Carcass surveys at the Chelan River confluence have consistently shown that the majority of Chinook spawning at this location are of hatchery origin, predominately of Wells stock released from Wells Hatchery and Turtle Rock.
Rocky Reach and Rock Island HCP Hatchery Committees Statement of Agreement on Operation of Chelan County PUD’s Chelan Falls Summer Chinook Hatchery Program November 15, 2006
Statement The HCP Hatchery Committee (HC) agrees that the operation of the Chelan Falls summer/fall Chinook rearing pond is independent of the operations of the Lake Chelan powerhouse and the implementation of the Lake Chelan license and is not linked nor will interfere with operations of the powerhouse in any way for the life of the HCPs. If it is determined by the HC that powerhouse operation is substantially altered in ways that adversely affects the efficacy of the program, the HC shall consider changes in the hatchery program. To the extent practicable, Chelan PUD will coordinate internally to minimize impacts to the Chelan Falls summer Chinook Rearing Facility while not impairing the District’s ability to operate the Lake Chelan Hydroelectric Project in a manner consistent with the District’s objectives for that project.
Background At the May 17, 2006 meeting, the HCP HC agreed to change the current Turtle Rock summer Chinook program from approximately 1.6 million subyearlings to 400,000 yearlings, raised at a new facility at Chelan Falls. In addition, there is currently a component of the Turtle Rock hatchery program that can be adjusted beginning in 2013. The current production level for that component of the program is 200,000 fish.
On October 18, 2006, the HCP HC further agreed to cap the production of the program at this facility at 600,000 fish. This was agreed to so Chelan could begin design and implementation of the construction of the site.
One of the primary reasons that this program is being moved from its current location on Turtle Rock Island is to increase homing fidelity to the release site. Furthermore, the primary purpose of this program is to provide a fishery for the original inundation of Rocky Reach Reservoir.
By moving the program to Chelan Falls area and rearing on Chelan River (Lake) water, the HCP HC agrees that 1) homing fidelity to the release area should increase, and 2) a local fishery will most likely develop in the area, similar to what currently occurs near the mouth of the Okanogan River.
However, there may be very limited times when the source water (Lake Chelan) may not be the primary water source because of powerhouse operations. Analysis suggests that this should occur less than 10% of the time fish would be rearing at the site.
Rocky Reach and Rock Island HCP Hatchery Committee Statement of Agreement Regarding Transition to a 600,000 Yearling Summer Chinook Program Approved at January 20, 2010 meeting
Statement The Rocky Reach HCP Hatchery Committee (HC) agrees that Chelan PUD (District) may implement a 600,000 Columbia River yearling summer Chinook program for brood year 2010, and thereafter until subsequent modification by Periodic Adjustment of District Hatchery Levels (RR HCP § 8.4.3). The new yearling program will be made up of 400,000 yearling smolts (inundation-not subject to§ 8.4.3) from the conversion from subyearlings and an additional 200,000 yearling smolts from the current production requirements (subject to § 8.4.3).
The District anticipates having the capacity to acclimate 600,000 yearling smolts at the new Chelan Falls facility by 2011. In the event that Chelan Falls facility is not complete by 2011, the District requests approval to acclimate the 600,000 yearling smolts at the Chelan net pens (up to 200,000) and Turtle Rock Island (400,000) as an interim measure.
Background This SOA serves several purposes: (1) implement the HC approved transition of the Turtle Rock summer Chinook program to 600k yearlings, (2) reduce facility demands on Douglas PUD’s Wells hatchery and (3) provide adequate notification for changes to broodstock collection numbers.
In 2006, the HC agreed to transition the summer Chinook program to 600,000 yearling smolts: The Rocky Reach and Rock Island HCP Hatchery Committees agree that Chelan PUD should move final rearing and acclimation for the Turtle Rock summer Chinook program, to a new facility that will be built near the Chelan Powerhouse area. The new yearling program will be made up of 400,000 fish from the conversion from subyearlings and an additional 200,000 fish from the current production requirements (that are subject to revision in 2013 per the HCP)1.
The transition to a 600,000 yearling smolt program will decrease the number of broodstock collected. This reduction would be reflected in the 2010 broodstock collection protocols.
Summer Chinook broodstock would be collected and held at Wells hatchery but spawning and incubation would occur at Eastbank. The relocation of summer Chinook culture activities to Eastbank hatchery will reduce demands on Wells hatchery.
1 May 17, 2006 SOA: Statement of Agreement for the Program Conversion and Movement of the Turtle Rock Summer Chinook Hatchery Program to a New Facility near the Chelan Falls Powerhouse