HYDRAULIC PROJECT APPROVAL

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1 Washington Department of FISH and WILDLIFE HYDRAULIC PROJECT APPROVAL RCW See appeal process at end of HPA South Central 1701 South 24th Avenue Yakima, WA (509) Issue Date: December 16, 2013 Control Number: Project Expiration Date: February 28, 2015 FPA/Public Notice #: N/A PERMITTEE Kittitas Co Conservation District Manager ATTENTION: Anna Lael 607 E Mountain View Ave Ellensburg, WA (4) Fax: AUTHORIZED AGENT OR CONTRACTOR Project Name: Project Description: Parke Creek Barrier Removals Dam removal and channel restoration Work includes use a trackhoe operating from the bank or within isolated channel to remove four concrete stoplog weirs, place streambed material and construct roughened channels for fish passage. Work also includes protecting an eroding bank by incorporating logs/trees with rootwads attached iinto the bank toe and securing with boulders, and planting woody riparian plants. PROVISIONS 1. TIMING LIMITATIONS: The Approval is valid for the period from December 16, 2013 through February 28, 2015, PROVIDED that work occurs only during the following time periods: a. December 16, 2013 through February 28, 2014, and b. July 16, 2014 through February 28, 2015 NOTIFICATION REQUIREMENT 2. The permittee, or contractor shall notify the Department field office, phone (509) , FAX (509) or renfrbr@dfw.wa.gov, prior to starting this project. Leave message for Brent Renfrow, District Habitat Biologist. The notification shall include the permittee's name, project location, starting date for work, and the control number for this Hydraulic Project Approval. GENERAL 3. Work shall be accomplished per the plans and project narrative submitted to Washington Department of Fish and Wildlife (WDFW) with the JARPA form, except as modified by this Hydraulic Project Approval (HPA). 4. Work shall be done in a manner that minimizes discharge of earth and fine sediments to the flowing water of the stream. Temporary erosion and sediment control measures (e.g. BMPs) shall be put in place as needed to prevent discharge of earth and fine sediment to the creek from the work area. Page 1 of 9

2 Washington Department of FISH and WILDLIFE HYDRAULIC PROJECT APPROVAL RCW See appeal process at end of HPA South Central 1701 South 24th Avenue Yakima, WA (509) Issue Date: December 16, 2013 Control Number: Project Expiration Date: February 28, 2015 FPA/Public Notice #: N/A REQUIRED SUBMITTAL - STREAM BED SPECIFICATIONS 5. Prior to installing the roughened channel substrate (sites 1, 2 and 4), the permittee shall provide to WDFW for approval a detailed specification for the roughened channel mix for each site, with supporting documentation for the specification. Permittee shall also provide the channel mix specification for site 3 to WDFW for approval prior to installation. Each mix shall be well-graded and shall include sufficient sand and fines to ensure low flows will not percolate through the bed instead of flowing on the bed surface. The specification shall be consistent with the guidance provided for bed design in the WDFW manual entitled Water Crossing Design Guidelines, May 9, 2013 (see the following link DESIGN 6. Roughened channels shall be designed to maintain structural integrity to the 100-year peak flow with consideration of the ice, debris and bedload likely to be encountered. WORKSITE AND EQUIPMENT LIMITATIONS 7. All in-channel work shall be done during a period of low stream flow. 8. Work shall be done in isolation from the flowing stream. A temporary stream flow bypass is required for structure sites 1, 2 and 4. A temporary stream flow bypass shall be used as needed for structure site 3 and the bank rehabilitation site. (See Temporary Stream Bypass provisions below.) 9. Removal of structures and installation of rootwads, logs, boulders, grade control weirs, and stream channel material shall be done with a trackhoe equipped with a thumb, or equivalent piece of equipment, capable of precise excavation and able to grapple and individually place large logs and boulders. 10. Equipment shall work from the bank or from inside of the de-watered work area (i.e within the area isolated by the containment dams), except as noted in provision 11 below. 11. If necessary to gain working position to install and remove work area containment, install and remove the temporary flow bypass, or make final adjustments to the roughened channel and weirs to ensure unimpeded fish passage, a trackhoe may enter and operate within the wetted perimeter of the channel. Prior to entering the water, the trackhoe shall be pressure-washed so as to be free of surface accumulations of earth, grease, fuel and other materials harmful to fish. Only non-toxic, biodegradable hydraulic fluid shall be used in the hydraulic system of the trackhoe operating from within the channel. 12. All equipment operating in the channel and shoreline area shall be maintained in good working condition and regularly inspected to ensure that fuel, lubricants, and other harmful chemicals are not leaked into the stream or its banks or bed. WORK AREA ISOLATION 13. The work areas shall be isolated from the flowing stream. Prior to initiation of construction and excavation within the channel, temporary work area containment dams shall be installed to isolate Page 2 of 9

3 Washington Department of FISH and WILDLIFE HYDRAULIC PROJECT APPROVAL RCW See appeal process at end of HPA South Central 1701 South 24th Avenue Yakima, WA (509) Issue Date: December 16, 2013 Control Number: Project Expiration Date: February 28, 2015 FPA/Public Notice #: N/A work areas from the flowing stream. Containment structures shall be clean materials such as sand bags, ecology blocks, plastic sheeting, washed gravels, etc.. There shall be no in-water use of earth or clay. The containment must effectively isolate the work area and prevent discharge of earth, sediment and harmful materials to the flowing stream. TEMPORARY STREAM FLOW BYPASS 14. A temporary pump, culvert, flume or channel shall be installed to bypass all stream flow around the work areas of structures 1, 2 and 4. A temporary bypass pump, culvert, flume or channel may also be installed at structure 3 if needed. Each stream bypass shall effectively isolate the work area from the flowing water and pass flows to the channel immediately downstream of the work area. Stream flow shall be maintained in the channel immediately above and below each work area at all times. The bypass shall be only as long as necessary to prevent seepage or backwatering of the work area. The temporary bypass shall be of sufficient size to pass flow and debris occurring during the project. 15. If a pump bypass is used, the inlet shall be screened to prevent entrainment of fish and the outlet shall be equipped with a diffuser or positioned so as to ensure discharge cannot scour/erode the bank or bed. If a temporary channel is used, it shall be lined with clean plastic sheeting prior to diverting water through the channel. 16. A diversion dam of sandbags and plastic sheeting or equivalent clean materials shall be used to divert the entire flow of the creek through the bypass. If necessary to prevent backwater from entering the work area, a similar clean structure shall be installed at the downstream end of the bypass. If fish are stranded in the work area, they shall be captured and released unharmed immediately downstream of the project. (Note: Permittee may request assistance from the Department for this task and assistance will be provided if the Department has personnel available. Please provide as much advanced notice as possible.) 17. Upon completion of the project, all temporary bypass facilities shall be removed. Materials (other than washed gravel) used for temporary diversion and containment structures shall be removed from the site. DEWATERING OF WORK AREAS 18. During initial dewatering of work areas, turbid water shall be pumped to an upland area for disposal by infiltration to the ground. Subsequent pumping to remove clean water infiltrating through the stream gravels into the work area may discharge the water directly to the stream provided that: a) a perforated sump chamber is installed away from the main work area to intercept the inflow, b) waste water containing harmful materials is not reaching the sump chamber, c) water being pumped from the sump is clear (no suspended solids or turbidity), and d) state water quality standards are achieved. Lines discharging water to the stream shall be equipped with a diffusing device which shall prevent the scouring and dislodging of fine sediments from the bank or bed. 19. Wastewater from project activities shall be pumped to a location outside of the channel to allow removal of fine sediment and other contaminants. Wastewater shall be disposed of by infiltration to the ground. Page 3 of 9

4 Washington Department of FISH and WILDLIFE HYDRAULIC PROJECT APPROVAL RCW See appeal process at end of HPA South Central 1701 South 24th Avenue Yakima, WA (509) Issue Date: December 16, 2013 Control Number: Project Expiration Date: February 28, 2015 FPA/Public Notice #: N/A REMOVAL OF EXISTING IRRIGATION DIVERSION DAMS 20. Removal of the existing diversion dams and associated facilities shall be done in the dry, in a manner that does not discharge the waste material such as broken concrete, earth or fine sediments to the flowing stream. 21. The dams and associated diversion materials, including footings, wings and piping shall be removed from the channel in their entirety. All waste concrete, treated wood and hardware shall be removed from the channel and disposed of in a suitable upland location outside of the floodplain. CONSTRUCTION OF GRADE CONTROL WEIRS 22. Streambed grade control weirs shall be constructed in the creek as shown on the site plans. The weirs shall be constructed so as to ensure unimpeded upstream fish passage. 23. The grade control weirs shall be constructed of large, clean, angular rocks of sufficient size to prevent them from being dislodged by 100-year flows. Rocks shall be placed and fitted using a trackhoe with a thumb or equivalent machine capable of grappling and individually placing large boulders. Select, large, well-shaped rock shall be used to form the crest. The weir crest shall slope from the banks to the center of the channel and form a low flow passageway (notch) which shall provide reliable fish passage over the weir during low flow conditions. Voids between the rocks of the weir shall be choked with a well-graded mix of streambed material with sufficient fines to seal the voids. 24. Grade control weirs shall be sufficiently keyed back into stable bank to ensure 100-year flood flows will not erode behind the key and cause failure of the roughened channel. Cuttings of native gravel bar willows or transplants of native trees and shrubs adapted to shorelines shall be planted in the keyway at the time of construction. If cuttings are used they shall be planted to the depth of the low flow water table. CONSTRUCTION OF ROUGHENED CHANNEL (IN-CHANNEL FISHWAY) 25. The channel shall be reconstructed with a designed, well graded stream bed mix to form a roughened channel (i.e. in-channel fishway) that will provide unimpeded upstream fish passage for both adult and juvenile salmonids. The construction of the roughened channel shall be done under the direct supervision of the design engineer and/or designee with specific expertise and experience in construction of rock grade control weirs and roughened channels for fish passage. 26. The channel shall be backfilled with the designed mix of boulders, cobbles, gravels, sand and fines. Material conserved from channel excavation may be used to the extent it is suitable and meets the specifications. Backfill shall contain sufficient sand and fines (approximately 10%) to ensure that low stream flows will not percolate through the streambed instead of flowing across the surface of the bed. The streambed material shall be installed in lifts and compacted during installation to control permeability. Page 4 of 9

5 Washington Department of FISH and WILDLIFE HYDRAULIC PROJECT APPROVAL RCW See appeal process at end of HPA South Central 1701 South 24th Avenue Yakima, WA (509) Issue Date: December 16, 2013 Control Number: Project Expiration Date: February 28, 2015 FPA/Public Notice #: N/A 27. The installation of the channel material shall be done in a manner that maximizes bed roughness. Some of the largest particles of the bed material shall be exposed above the prevailing bed surface by 30-50% of their diameters to create a natural-like streambed. Streambed boulders (fish rocks) shall be incorporated in the channel to provide resting areas to facilitate upstream fish passage and improve channel stability. 28. To ensure that low flows are not dispersed as a shallow film across the entire channel width, a narrow thalweg shall be defined in the streambed and the channel shall slope to the thalweg so as to concentrate low flows and ensure fish passage under low stream flow conditions. This work shall be directed by the project engineer in consultation with WDFW. 29. The roughened channel shall be constructed to its final shape and elevation in the dry. After the streambed material has been installed, the bed shall be washed with water so as to wash fine materials down into the voids between the larger bed material, reduce permeability of the bed, and leave a clean, natural-like streambed surface. Wastewater from this washing shall be captured and pumped to an upland area for disposal 30. After channel work is complete, a flow of water shall be returned to the channel (flow should approximate fall low flow conditions) to confirm the performance of the roughened channel. The design engineer in consultation with the WDFW field representative shall evaluate the performance of the roughened channel, channel permeability and fish passage conditions, and develop corrective actions as necessary. 31. Final adjustments of the roughened channel may be done in the flowing water of the stream as necessary to ensure fish passable conditions are achieved. A trackhoe may enter and operate within the wetted perimeter if necessary to do this work. Travel within the wetted perimeter shall be limited to the minimum amount necessary to accomplish the work. BANK REHABILITATION SITE - INSTALL ROOTWADS, LOGS, BOULDERS AND PLANTINGS 32. Logs with attached rootwads shall be installed as per attached plans to stabilize the channel and restore habitat for fish. The large woody debris shall be obtained from upland sources. 33. The rootwads shall be keyed back into the bank and secured with boulders to ensure stability at flood flows. 34. Long, woody cuttings (pole cuttings) or rooted nursery stock of gravelbar-type willows, black cottonwood and redosier dogwood) shall be planted in the key trenches prior to backfill materials are installed. Cuttings shall also be planted in the keyways bank face and shall project over the creek. Woody cuttings shall be planted deep in the key trench, into the late fall water table. After backfill, a minimum of three buds on each cutting shall remain exposed above the soil surface. Nursery stock shall be planted with roots extending into moist soil of the bank. SITE RESTORATION 35. The disturbed streambed areas shall be restored to natural-like contours and condition. All waste material in excess of backfill needs shall be removed completely from the channel and Page 5 of 9

6 Washington Department of FISH and WILDLIFE HYDRAULIC PROJECT APPROVAL RCW See appeal process at end of HPA South Central 1701 South 24th Avenue Yakima, WA (509) Issue Date: December 16, 2013 Control Number: Project Expiration Date: February 28, 2015 FPA/Public Notice #: N/A disposed of in an approved upland location. 36. All earth areas in the shoreline which have been exposed or disturbed by this project are to be contoured to a stable grade, seeded with a suitable erosion control seed mix, and protected from erosion with suitable, commercially available erosion control fabric as necessitated by slope or a weed-free straw mulch. 37. Native woody plants adapted to creek banks (e.g. black cottonwood, gravel bar-type willows, redosier dogwood, etc.) shall be planted on all areas of the bank disturbed by this project. Cuttings (live stakes) may be used where the tips of the cuttings can be placed into the moist soil at the water table. Cuttings shall be spaced approximately 3-feet apart. Rooted nursery stock shall be planted in those disturbed shoreline areas not suitable for successful establishment of cuttings. Nursery stock shall be spaced not more than 5-feet apart and watered immediately after planting to assure good soil moisture conditions. Plants shall be maintained as needed for three years to ensure survival sufficient for bank stability. PROJECT LOCATIONS Location #1 Structure #1 Downstream Denmark Rd Bridg WORK START: December 16, 2013 WORK END: February 28, 2015 WRIA: Waterbody: Tributary to: Parke Creek (rb) Whipple Wasteway 1/4 SEC: Section: Township: Range: Latitude: Longitude: County: NE 1/ N 19 E N W Location #1 Driving Directions Kittitas From I-90, take Exit 115 towards Kittitas. Turn south onto Cleman Rd and travel for 1/2 mile. Turn west onto Tjossem Rd for 1 mile then turn south onto Denmark Rd. Denmark Road crosses Parke Creek in about 1/2 mile. Projects are located upstream and downstream from this road crossing. Location #2 Structure #2 Upstream Denmark Rd Bridge WORK START: December 16, 2013 WORK END: February 28, 2014 WRIA: Waterbody: Tributary to: Parke Creek (rb) Whipple Wasteway 1/4 SEC: Section: Township: Range: Latitude: Longitude: County: NW 1/ N 19 E N W Location #2 Driving Directions Kittitas From I-90, take Exit 115 towards Kittitas. Turn south onto Cleman Rd and travel for 1/2 mile. Turn west onto Tjossem Rd for 1 mile then turn south onto Denmark Rd. Denmark Road crosses Parke Creek in about 1/2 mile. Projects are located upstream and downstream from this road crossing. Page 6 of 9

7 Washington Department of FISH and WILDLIFE HYDRAULIC PROJECT APPROVAL RCW See appeal process at end of HPA South Central 1701 South 24th Avenue Yakima, WA (509) Issue Date: December 16, 2013 Control Number: Project Expiration Date: February 28, 2015 FPA/Public Notice #: N/A Location #3 Bank Rehab below Structure #3 WORK START: December 16, 2013 WORK END: February 28, 2014 WRIA: Waterbody: Tributary to: Parke Creek (rb) Whipple Wasteway 1/4 SEC: Section: Township: Range: Latitude: Longitude: County: NW 1/ N 19 E N W Location #3 Driving Directions Kittitas From I-90, take Exit 115 towards Kittitas. Turn south onto Cleman Rd and travel for 1/2 mile. Turn west onto Tjossem Rd for 1 mile then turn south onto Denmark Rd. Denmark Road crosses Parke Creek in about 1/2 mile. Projects are located upstream and downstream from this road crossing. Location #4 Structure #3 Upstream Denmark Road Bridg WORK START: December 16, 2013 WORK END: February 28, 2014 WRIA: Waterbody: Tributary to: Parke Creek (rb) Whipple Wasteway 1/4 SEC: Section: Township: Range: Latitude: Longitude: County: NW 1/ N 19 E N W Location #4 Driving Directions Kittitas From I-90, take Exit 115 towards Kittitas. Turn south onto Cleman Rd and travel for 1/2 mile. Turn west onto Tjossem Rd for 1 mile then turn south onto Denmark Rd. Denmark Road crosses Parke Creek in about 1/2 mile. Projects are located upstream and downstream from this road crossing. Location #5 Structure #4 Upstream Denmark Rd Bridge WORK START: December 16, 2013 WORK END: February 28, 2014 WRIA: Waterbody: Tributary to: Parke Creek (rb) Whipple Wasteway 1/4 SEC: Section: Township: Range: Latitude: Longitude: County: NW 1/ N 19 E N W Location #5 Driving Directions Kittitas From I-90, take Exit 115 towards Kittitas. Turn south onto Cleman Rd and travel for 1/2 mile. Turn west onto Tjossem Rd for 1 mile then turn south onto Denmark Rd. Denmark Road crosses Parke Creek in about 1/2 mile. Projects are located upstream and downstream from this road crossing. APPLY TO ALL HYDRAULIC PROJECT APPROVALS This Hydraulic Project Approval pertains only to those requirements of the Washington State Hydraulic Code, specifically Chapter 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 Page 7 of 9

8 Washington Department of FISH and WILDLIFE HYDRAULIC PROJECT APPROVAL RCW See appeal process at end of HPA South Central 1701 South 24th Avenue Yakima, WA (509) Issue Date: December 16, 2013 Control Number: Project Expiration Date: February 28, 2015 FPA/Public Notice #: N/A 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 are subject to additional restrictions, conditions, or revocation if the Department of Fish and Wildlife determines that changed conditions require such action. The person(s) to whom this Hydraulic Project Approval is issued has the right to appeal those decisions. Procedures for filing appeals are listed below. MINOR MODIFICATIONS TO THIS HPA: You may request approval of minor modifications to the required work timing or to the plans and specifications approved in this HPA. A minor modification to the required work timing means up to a one-week deviation from the timing window in the HPA when there are no spawning or incubating fish present within the vicinity of the project. You may request subsequent minor modifications to the required work timing. A minor modification of the plans and specifications means any changes in the materials, characteristics or construction of your project that does not alter the project's impact to fish life or habitat and does not require a change in the provisions of the HPA to mitigate the impacts of the modification. Minor modifications do not require you to pay additional application fees or be issued a new HPA. To request a minor modification to your HPA, submit a written request that clearly indicates you are requesting a minor modification to an existing HPA. Include the HPA number and a description of the requested change and send by mail to: Washington Department of Fish and Wildlife, PO Box 43234, Olympia, Washington , or by to HPAapplications@dfw.wa.gov. Do not include payment with your request. You should allow up to 45 days for the department to process your request. MAJOR MODIFICATIONS TO THIS HPA: You may request approval of major modifications to any aspect of your HPA. Any approved change other than a minor modification to your HPA will require issuance of a new HPA. If you paid an application fee for your original HPA you must include payment of $150 with your written request or request billing to an account previously established with the department. If you did not pay an application fee for the original HPA, no fee is required for a change to it. To request a major modification to your HPA, submit a written request that clearly indicates you are requesting a major modification to an existing HPA. Include the HPA number, check number or billing account number, and a description of the requested change. Send your written request and payment, if applicable, by mail to: Washington Department of Fish and Wildlife, PO Box 43234, Olympia, Washington If you are charging the fee to a billing account number or you are not subject to the fee, you may your request to HPAapplications@dfw.wa.gov. You should allow up to 45 days for the department to process your request. APPEALS INFORMATION If you wish to appeal the issuance, denial, conditioning, or modification of a Hydraulic Project Approval (HPA), Washington Department of Fish and Wildlife (WDFW) recommends that you first contact the department employee who issued or denied the HPA to discuss your concerns. Such a discussion may resolve your concerns without the need for further appeal action. If you proceed with an appeal, you may request an informal or formal appeal. WDFW encourages you to take advantage of the informal appeal process before initiating a formal appeal. The informal appeal process includes a review by department management of the HPA or denial and often resolves issues faster and with less legal complexity than the formal appeal process. If the informal appeal process does not resolve your concerns, you may advance your appeal to the formal process. You may contact the HPA Appeals Coordinator at (360) for more Page 8 of 9

9 Washington Department of FISH and WILDLIFE HYDRAULIC PROJECT APPROVAL RCW See appeal process at end of HPA South Central 1701 South 24th Avenue Yakima, WA (509) Issue Date: December 16, 2013 Control Number: Project Expiration Date: February 28, 2015 FPA/Public Notice #: N/A information. A. INFORMAL APPEALS: WAC is the rule describing how to request an informal appeal of WDFW actions taken under Chapter 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 ; to HPAapplications@dfw.wa.gov; fax to (360) ; 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 is the rule describing how to request a formal appeal of WDFW actions taken under Chapter 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 ; to HPAapplications@dfw.wa.gov; fax to (360) ; 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 Grant (22) P1 Habitat Biologist Brent Renfrow CC: Files for Director WDFW Attachments: Project Narrative from JARPA (HPMS attachment 5); Plans entitled Park Creek Barrier Removal-13 sheets (HPMS attachment 3) Page 9 of 9

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